Theory of Custom,Dogmatics of Custom,Policy of Custom: On the Threefold Approach of Polish‐Russian Legal Realism

Proceeding from the insights of Petra?ycki, Polish‐Russian legal realists (PRRs) distinguished legal theory, legal dogmatics, and legal policy. Legal theory describes legal phenomena in a value‐free way and formulates causal laws concerning those phenomena. Legal dogmatics and legal policy are, by contrast, value‐laden sciences involving the subject's—i.e., the scientist's—own attitudes toward existing or imagined phenomena: Dogmatics evaluates behaviors based on the subject's adoption of given normative sources (NSs) as binding, while legal policy evaluates the effects produced by given NSs based on causal laws and on the subject's goals (for Petra?ycki, these goals come down to that of fostering love, or benevolence). PRRs then conceptualize custom as a representation of people behaving in a certain way (R_c): We have a custom on the threefold condition that (a) R_c is believed true by a given X, (b) R_c causes the existence of a given normative psychical experience (NPE) in X, and (c) X expressly refers to—or would refer—to R_c in justifying an NPE. PRRs use the term customary law to refer to legal experiences (i.e., NPEs involving a sense of entitlement) caused and justified by an R_c. From a theoretical perspective, both the subject's adoption of custom as a binding NS and its truth are irrelevant. It is only the presence of a customary NPE in the X under study that matters. From a dogmatic perspective, by contrast, what matters is (a) whether the dogmatician—qua subject—adopts custom as a binding NS, (b) whether it is true that people behave in a given way b_w, and (c) whether b_w resembles the behavior that is deontically qualified in the norm under dogmatic evaluation. Finally, from a legal‐political viewpoint, PRRs hold that customary law in modern societies, owing to its conservative nature, should be eradicated for the goal of removing inequalities and fostering benevolence.     

A Break?

Since the financial crisis of 2008 we have seen a rise in suicides across the world. Greece for example in 2011 saw a sustained increase in suicides of 35.7%. In this article I draw our attention to well-publicized suicides that took place in Greece. I focus on the suicide notes left behind. The suicide notes, I suggest, can be read as offering us a critique of the anxious times in which we find ourselves. They are offering us a critique in two senses: (a) a critique of the way we are being governed (through austerity memorandums and a neoliberal logic); and (b) a critique of the affirmative ways of responding towards the financial crisis (through occupations, demonstrations etc.). Consequently these suicide notes can be read as a demand for having a break from this neoliberal logic and organization of life and asking us to re-imagine our social and political realm. In arguing thus, the article draws on Sigmund Freud, Michel Foucault, Wendy Brown and others.     

The Issue of Age Estimation in a Modern Skeletal Population: Are Even the More Modern Current Aging Methods Satisfactory for the Elderly?,

The main idea behind age assessment in adults is related to the analysis of the physiological degeneration of particular skeletal structures with age. The main issues with these procedures are due to the fact that they have not been tested on different modern populations and in different taphonomic contexts and that they tend to underestimate the age of older individuals. The purpose of this study was to test the applicability and the reliability of these methods on a contemporary population of skeletal remains of 145 elderly individuals of known sex and age. The results show that, due to taphonomic influences, some skeletal sites showed a lower survival. Therefore, the methods with the highest percentage of applicability were Lovejoy (89.6%) and Rougé‐Maillart (81.3%), followed by Suchey‐Brooks (59.3%), and those with the lowest percentage of applicability were Beauthier (26.2%) and Iscan (22.7%). In addition, this research has shown how for older adults the study of both acetabulum and auricular surface may be more reliable for aging. This is also in accordance with the fact that auricular surface and the acetabulum are the areas more frequently surviving taphonomic insult.     

The Status of Forensic Anthropology in Europe and South Africa: Results of the 2016 FASE Questionnaire on Forensic Anthropology

One of the goals of the Forensic Anthropology Society of Europe (FASE) is to map the existing education and practice opportunities in the field of forensic anthropology in order to support the development of the discipline and to optimize the training courses provided by the Society. To address this goal, an online questionnaire was sent to European and South African practitioners of forensic anthropology and related disciplines in 2016. The results of the questionnaire showed that the status and roles of forensic anthropologists vary depending on the national legal systems, education, and employment status of the practitioners. Despite the fact that the expertise of forensic anthropologists has been increasingly requested in a variety of investigations and the spectrum of tasks has become broader, including identification of living persons, specialized education in forensic anthropology is still restricted to a few graduate and postgraduate programs in European countries and to annual FASE courses.     

From unknown to known: Identification of the remains at the mausoleum of fosse Ardeatine

During the Second World War, on 24th March 1944, 335 Italians were massacred near Rome by the occupying forces of Nazi Germany. Four months later forensic examination led to the identification of 323 out of 335 victims. After approximately 60?years, the identification of the remaining unidentified twelve victims began with anthropological and genetic analysis carried out by a team of Italian forensic experts. Anthropological analysis was performed in field in order to confirm the sex of each victim and verify the presence of only one individual in each grave for a correct sampling. Selected bone fragments for each individual were then collected and transferred to the laboratory for genetic analysis. Although the anthropological ante mortem information was limited, morphological and metrical data was collected for a possible future identification of the victims. Subsequently, the typing of autosomal loci, Y-STR and mtDNA D-loop region of all bone and available reference samples was conducted. LR and cumulative LRs obtained from autosomal STR and Y-STR results confirmed the alleged relationship between three victims and their relatives with values over 10⁴ (one sample) and 10⁶ (two samples). Therefore, the genetic analysis offered the families the possibility of replacing the number of the grave with the name of the victim.     

“Taking care”: Maintaining the self and the home in early adolescence

This paper explores young adolescents' experience of basic daily tasks: personal maintenance (e.g., grooming and eating) and household maintenance (e.g., chores and errands). Quantity of time, companionship, and subjective states in these activities were examined during one week in the lives of 401 5th–9th graders with the Experience Sampling Method (Csikszentmihalyi and Larson, 1987). Our findings show that these tasks are particularly subject to sex typing. Girls engaged in grooming more often than boys, and this time increased in the higher grades, while boys showed no age effects. Boys did more outside chores while girls did more indoor chores. Girls were also more likely to carry out household tasks with family while boys did more chores alone. An examination of subjective states during household maintenance revealed that older girls reported a greater sense of motivation and choice than younger girls, but boys' experience did not differ. Experience of maintenance as socialization for adult activities is discussed.This research was supported by NIMH grant number MH38324, Stress in Daily Life During Early Adolescence, awarded to Reed Larson.Current research interests are the effects of maternal employment on children and adolescents, and the study of day care.Current research interests are family relationships in early adolescence, interpersonal conflict and the study of daily psychological experience.Current research interests are pubertal development, precursors of eating disorders, and the effects of maternal employment on young adolescents.     

“We were just talking ...”: Conversations in early adolescence

This paper explores young adolescents' experience of talk, examining changes in boys' and girls' patterns of communication with family and friends. The data consist of immediate self-reports provided by 401 5th–9th grade students during the course of one week of their normal lives. Results indicate that while time spent talking to friends increased dramatically across this age period, especially for girls, talk with family members remained stable. Analysis of topics of conversation suggests that older children turned to friends for discussions of age-related concerns while continuing to discuss daily issues with family members. Talk with friends did not appear to replace talk with family members but rather represented a new facet of the social world, supplementing existing family relationships.This research was supported by NIMH grant number MH38324, Stress in Daily Life During Early Adolescence, awarded to Reed Larson, and was carried out while the first author was a predoctoral fellow in the Clinical Research Training Program in Adolescence, jointly sponsored by The Center for the Study of Adolescence at Michael Reese Hospital and Medical Center, and the Committee on Human Development at The University of Chicago, funded by NIMH institutional training grant number 2 T32 MH14668-12.Current research interests are family relationships in early adolescence, interpersonal conflict, and the study of daily psychological experience.Current research interests are the effects of maternal employment on children and adolescents and the study of day care.     

NGOs and the policy‐making process in Russia: The case of child welfare reform

This article explores the issue of the major reform of the child welfare sector that has been carried out in Russia in recent years. Focusing on deinstitutionalization and a child's right to a family, this reform moves Russia in the direction of international trends in this area and represents a break with previous state‐ and institution‐dominated approach to “problem families.” The article explores how and why this process has come about in a traditionally top‐down hybrid regime and applies the Multiple Streams Framework first developed by Kingdon to argue that Russian child welfare nongovernmental organizations have acted in concert with government officials to act as policy entrepreneurs in framing the policy problem and presenting solutions to it in a way that has influenced national priorities in this area. At the same time, the article acknowledges that major challenges remain in terms of implementing the reform at the regional level of government in Russia.     

Sources of injustice among individuals with persistent pain following musculoskeletal injury

Evidence supports the negative impact of perceived injustice on recovery following injury. However, little is known about sources that contribute to injustice perceptions in this context. Therefore, this study systematically investigated sources of injustice following painful musculoskeletal injury. Following completion of the Injustice Experiences Questionnaire (IEQ) and measures of pain, depression, and disability, participants completed a semi-structured interview to discuss reasons underlying their IEQ responses. On average, the sample was experiencing moderate levels of pain, depression, and disability, and clinically meaningful levels of perceived injustice. Participants frequently identified employers/colleagues, other drivers, insurers, healthcare providers, family, significant others, friends, and society as sources of injustice. Common reasons for identifying these sources included their contribution to the injury, inadequate assessment or treatment of pain, and punitive responses toward participants’ pain expression. Sex- and injury-related differences emerged in the identification of injustice sources. Potential strategies for preventing perceived injustice following painful injury are discussed.