Hart,Radbruch and the Necessary Connection Between Law and Morals

Law and Philosophy - Legal positivism maintains a distinction between law as it is and law as it ought to be. In other words, for positivists, a law can be legally valid even if it is immoral. H....     

Improving the Comprehensibility of a Canadian Police Caution on the Right to Silence

Modifications to a Canadian police caution on the right to silence were made in an attempt to increase its comprehensibility. University participants were asked to imagine themselves in an arrest and interrogation situation in which they were either innocent or guilty. It was hypothesized that participants who received the modified caution would score significantly higher on measures of comprehension than those who received the standard caution. Results indicated that comprehension was significantly higher among those that received the modified caution and that those with higher comprehension scores were more likely to exercise their right to silence. These findings suggest that clarifying and standardizing how a detainee’s rights are communicated will lead to better comprehension and greater protection against false or coerced confessions.     

RNA/DNA co-analysis from blood stains—Results of a second collaborative EDNAP exercise

A second collaborative exercise on RNA/DNA co-analysis for body fluid identification and STR profiling was organized by the European DNA Profiling Group (EDNAP). Six human blood stains, two blood dilution series (5-0.001 μl blood) and, optionally, bona fide or mock casework samples of human or non-human origin were analyzed by the participating laboratories using a RNA/DNA co-extraction or solely RNA extraction method. Two novel mRNA multiplexes were used for the identification of blood: a highly sensitive duplex (HBA, HBB) and a moderately sensitive pentaplex (ALAS2, CD3G, ANK1, SPTB and PBGD). The laboratories used different chemistries and instrumentation. All of the 18 participating laboratories were able to successfully isolate and detect mRNA in dried blood stains. Thirteen laboratories simultaneously extracted RNA and DNA from individual stains and were able to utilize mRNA profiling to confirm the presence of blood and to obtain autosomal STR profiles from the blood stain donors. The positive identification of blood and good quality DNA profiles were also obtained from old and compromised casework samples. The method proved to be reproducible and sensitive using different analysis strategies. The results of this collaborative exercise involving a RNA/DNA co-extraction strategy support the potential use of an mRNA based system for the identification of blood in forensic casework that is compatible with current DNA analysis methodology.     

Tailoring health programming to clergy: findings from a study of United Methodist clergy in North Carolina

Research indicating high rates of chronic disease among some clergy groups highlights the need for health programming for clergy. Like any group united by similar beliefs and norms, clergy may find culturally tailored health programming more accessible and effective. There is an absence of research on what aspects clergy find important for clergy health programs. We conducted 11 focus groups with United Methodist Church pastors and district superintendents. Participants answered open-ended questions about clergy health program desires and ranked program priorities from a list of 13 possible programs. Pastors prioritized health club memberships, retreats, personal trainers, mental health counseling, and spiritual direction. District superintendents prioritized for pastors: physical exams, peer support groups, health coaching, retreats, health club memberships, and mental health counseling. District superintendents prioritized for themselves: physical exams, personal trainers, health coaching, retreats, and nutritionists. Additionally, through qualitative analysis, nine themes emerged concerning health and health programs: (a) clergy defined health holistically, and they expressed a desire for (b) schedule flexibility, (c) accessibility in rural areas, (d) low cost programs, (e) institutional support, (f) education on physical health, and (g) the opportunity to work on their health in connection with others. They also expressed concern about (h) mental health stigma and spoke about (i) the tension between prioritizing healthy behaviors and fulfilling vocational responsibilities. The design of future clergy health programming should consider these themes and the priorities clergy identified for health programming.     

Background Levels of Salivary-α-amylase Plus Foreign DNA in Cases of Oral Intercourse: a Female Perspective

Saliva plus DNA from a suspect is commonly encountered in sexual assault cases on bodily swabs. However, without background knowledge, the weight of this evidence is unknown. It may indicate the presence of saliva resulting from cunnilingus, or it may represent indirect transfer. In this study, females who refrained from cunnilingus donated 43 items of underwear and 19 vaginal swabs. The samples were subjected to Phadebas^®, RSID^™-Saliva and mRNA profiling and were subsequently DNA-profiled to determine the prevalence of background saliva in the female population. The results report that 15.8% of females who refrained from cunnilingus were positive for saliva and a further 10.5% also had DNA from unknown source(s). These findings of the rate of indirect transfer were evaluated with the Bayesian approach, and it was found that the evidence of saliva plus a high foreign DNA source adds moderately strong support to the allegation of cunnilingus.     

Saving Private Hegel — Australian Liberalism and the 1914–1918 War

In this essay I explore the pamphlet literature and related sources, in order to assess the effects of the 1914–1918 War on liberal political ideas in Australia. The main focus of the study is the WEA intellectuals in Sydney and Brisbane, and the core group of Deakinite liberals in Melbourne as represented by the overlapping membership of the Boobooks Club and the Round Table. Themes of compulsion, Progressivism, industrial relations, citizenship, and internationalism are examined. In particular the tension which wartime experiences produced within the high idealism of Kantian and Hegelian new liberal political philosophy is investigated. The bitterness caused by the war and the doubts raised about German philosophy help us to understand the decline of statist and idealist elements within liberal thought in Australia. It seems impossible, during the present war, to write any book or to deliver a sermon or an address which does not in some way refer to the war. H.B. Higgins, Socrates, the State and War, p.7     

Beyond (and Within) City Limits: Climate Policy in an Intergovernmental System

This analysis explores the role of city‐level and state‐level variables to explain why some cities make more progress on climate‐related policy implementation than others. Using multilevel modeling, we find little support for the influence of state factors on local government leadership among the 812 cities in the dataset, but local government institutional and community variables are strongly associated with climate policy initiatives. We argue for a rethinking of the notion of the limited and constrained city and suggest that, in the realm of climate protection and environmental policy, cities are leading a bottom‐up federalism. Moreover, where some political analysts and scholars have argued that climate protection and environmental policies may not be economically rational for cities to pursue, we theorize that cities are acting locally to further their self‐interest in an increasingly global economy.     

Revisiting the Instrumentality of Voice: Having Voice in the Process Makes People Think They Will Get What They Want

Research on procedural justice has found that processes that allow people voice (i.e., input) are perceived as fairer, and thus elicit more positive reactions, than processes that do not allow people voice. Original theorizing attributed these effects to beliefs that the provision of voice enhances people’s sense of process control, which people were assumed to value because it impacts their perceived likelihood of receiving desired outcomes (the instrumental perspective of procedural justice). Subsequent research questioned this perspective, arguing that outcome expectations do not account for the effects of voice. However, this subsequent research failed to directly examine the interplay of voice, outcome expectations, and reactions. The current studies revisit and extend research on this topic by asking whether manipulations of voice act as shared circumstance effects. Confirming an untested implication of the instrumental perspective, we show that giving everyone voice increases their belief, ex-ante, that they are likely to win an upcoming competition. However, this instrumental belief accounts for only part of the effects of voice on perceived procedural fairness and on general reactions to outcomes. Results suggest that voice does indeed have instrumental significance, an implication not adequately recognized in current justice theorizing. However, this instrumentality does not, by itself, explain why people value having a voice in processes that affect them.     

A Mace to Swat Two Blow‐Flies: Interpreting the Fitzpatrick and Browne Privilege Case

It is not widely remembered that on 10 June 1955 two men, Raymond Edward Fitzpatrick and Frank Courtenay Browne, were sentenced to gaol for three months on a vote of the Commonwealth House of Representatives for contempt of parliament. Two parliamentary officials, Frank Green and Harry Evans, have dominated scholarly attempts to explain this unusual event. To the former, the privilege case largely reflected the animus of Prime Minister Menzies towards Browne and his desire for revenge. To the latter the matter was a genuine case of contempt. This article revisits the 1955 Bankstown Observer privilege case with the benefit of recently released archival material. It seeks to understand why two citizens were deprived of their liberty without legal representation or redress and to find some compromise between the divergent interpretations proffered by Green and Evans.