Humanitarianism and Responsibility

This article serves as an introduction to the articles in this special issue of the Journal of Human Rights on humanitarianism and responsibility. We thread the work of our contributors, along with other key scholars, together into a broader discussion about the possibilities and limitations of humanitarian responsibility. We first elaborate several constitutive dimensions of responsibility as it has been understood in humanitarian discourse, with particular attention to the way in which it has been deployed to both limit and extend the humanitarian mandate. We then consider how the discourse of humanitarian responsibility constitutes a departure from, and a possible alternative to, the discourse of human rights as the reigning lingua franca in which ethical arguments are advanced at the global level. Ultimately, we contend that while renewed emphasis on responsibility is no panacea for the difficult political and ethical questions that bedevil international humanitarianism and should not displace the focus on human rights, the process of critically engaging with this term may present a valuable opportunity to rethink the pursuit of global justice as a situated and contingent engagement between the self and those distant and proximate others who are exposed to catastrophes, natural and man-made.     

Principles of the law of software contracts – The way forward?

This paper provides a preview of the key elements of the Principles of the Law of Software Contracts, published by the American Law Institute, and intended to assist the US courts in addressing the unique challenges encountered when attempting to fit software transactions under contract law.     

Abortion laws and medical developments: a medico-legal anomaly in Queensland

In October 2010 the District Court sitting in Cairns, Queensland, found Tegan Leach not guilty of attempting to procure her own abortion and Sergie Brennan not guilty of supplying Leach with the drugs Mifepristone and Misoprostol to procure an abortion. Brennan obtained the drugs from his sister in the Ukraine through the regular postal system. R v Brennan and Leach was the first case in Queensland's history where a woman was charged with procuring her own abortion. The drugs are accepted by the medical profession worldwide for medical abortions. A prosecution witness gave evidence that Mifepristone is not harmful or injurious to the health of a woman and it is listed as an essential medicine by the World Health Organisation and approved for use by the Australian Therapeutic Goods Administration. The jury found the defendants not guilty because they were not satisfied beyond reasonable doubt that the combination of the drugs Mifepristone and Misoprostol was a "noxious" substance under the Criminal Code (Old). This article concludes that there is no regulatory miracle which will stop the traffic of Mifepristone and Misoprostol into Australia and therefore an intelligent regulatory response is required which would make it unnecessary for women to seek Mifepristone and Misoprostol from overseas networks and the internet. Among other things, this would include the repeal of confusing, inappropriate and ineffective abortion laws.     

Child Medical Evaluation Program: a statewide system for the medical and mental health evaluation of abused and neglected children

The Child Medical Evaluation Program examines 1500 children per year suspected by county social service departments of having subtle physical evidence of abuse or neglect. The program utilizes private practitioners, primarily pediatricians, in a systematic manner and provides consultation, direction, and quality control. The system is a unique, cooperative effort between private practitioners and county departments of social service. It is administered from a state university department of pediatrics. The cost is low, government involvement minimal, and the service extensive. The system is recommended to other states.     

Male and female reasoning biases and offending behavior

Although the majority of the general population decides not to offend, a significant proportion decides otherwise. The research presented in this article explores whether offenders reason in manners that are comparable with a non-offender population, or if their decision to offend may be a consequence of inappropriate reasoning strategies. Psychologists have observed systematic deviations from logical predictions of reasoning behavior on a variety of tasks and that content specific information can have marked effects on reasoning behavior. Established reasoning tasks were adapted for use in a crime specific context to examine whether such biases were apparent in an offender population. Moreover, given a paucity of research into gender differences, the research conducted balanced for gender in a methodologically rigorous design. Data suggested that reasoning biases found with non-offender populations extended to an offender population and some interactions by gender and by offender group were noted. Implications of the results are discussed with suggestions on how the research may be extended and implications for policy.     

A rapid method for the determination of cocaine in brain tissue.

A rapid procedure is described for the extraction and analysis of brain samples for cocaine and benzoylecgonine. Human brain tissue was sectioned at autopsy, and samples were subjected to a lipase digestion, subsequent to solid-phase extraction. The distribution of cocaine and benzoylecgonine throughout different regions of the brain was determined by high-performance liquid chromatography.