Use and Misuse of Language in Judicial Decision-Making: Russian Experience

In my paper I will analyze decisions of the Russian Constitutional Court and courts of general jurisdiction, in which they interpret ordinary and seemingly unambiguous words and phrases. In a number of cases this interpretation is made in a manner, which is suspect from a linguistic point of view. The analysis shows that there is no consistency in the application by Russian courts of the “plain language” rule and that literal interpretation may be used selectively as a means of legitimizing the decisions made on non-linguistic grounds. Though literal interpretation can be often incompatible with the concept of justice and therefore judges should also take into account other criteria, there are examples of court decisions, in which literal interpretation would have been more appropriate from the perspective of justice, separation of powers and human rights. The article shows how use and misuse of language by judges is employed as a tool in judicial decision-making.     

The social construction of electronic space

Computer‐mediated communication is a phenomenon of post‐industrial society. As a consequence of the interactivity and persistent textual nature of this form of communication, new spaces of sociality are constructed which can be analysed and interpreted with the epistemologies and methodologies utilised in understanding more conventional places. This approach reveals that electronic spaces are constructions firmly tied to the cultural and social experiences of ‘real‐world’ existences. Electronic identities, then, are built from this wide base of experience and ‘real‐world’ identity rather than, as is sometimes claimed, begun afresh. These connections to understood material culture and the prevalence of the typed word in electronic spaces permits a digital archaeology, inspired by material culture studies, which is both revealing of the users of these spaces as well as the wider social constructions of post‐industrial society.     

Concentrations of zolpidem and zopiclone in venous blood samples from impaired drivers compared with femoral blood from forensic autopsies

The concentrations of zolpidem and zopiclone were determined in peripheral blood samples in two forensic materials collected over a 10-year period (2001-2010). The z-hypnotics were determined in venous blood from living subjects (impaired drivers) and in femoral blood from deceased persons (forensic autopsies), with the latter classified as intoxication or other causes of death. The z-hypnotics were determined in blood by capillary column gas chromatography (GC) with a nitrogen-phosphorous (N-P) detector after solvent extraction with n-butyl acetate. The analytical limit of quantitation (LOQ) was 0.02mg/L for zopiclone and 0.05mg/L for zolpidem and these have remained unchanged throughout the study. When death was attributed to drug intoxication (N=918), the median concentration of zopiclone in blood was 0.20mg/L compared with 0.06mg/L for other causes of death (N=1215) and 0.07mg/L in traffic offenders (N=691) (p<0.001). Likewise, a higher median concentration (0.30mg/L) was found in intoxication deaths involving zolpidem (N=357) compared with 0.13mg/L for other causes of death (N=397) or 0.19mg/L in impaired drivers (N=837) (p<0.001). Median concentration in blood of both z-hypnotics were appreciably higher in intoxication deaths when no other substances were identified; 0 70mg/L (N=12) for zopiclone and 1.35mg/L (N=12) for zolpidem. The median concentrations of z-hypnotics in blood decreased as the number of co-ingested substances increased for intoxication deaths but not other causes of death. The most prevalent co-ingested substances were ethanol in autopsy cases and diazepam in the motorists. This large compilation of forensic cases should prove useful when toxicologists are required to interpret concentrations of z-hypnotics in blood samples in relation to cause of death.     

Vietnam’s and China’s Diverging Industrial Relations Systems: Cases of Path Dependency

ABSTRACT

This article explains why Vietnam and China, one-party states that allow only one official trade union, are traversing different paths in their trade unions’ institutional structures, the state’s and trade union’s attitudes towards strikes, their willingness to allow independent trade unions and willingness to engage with the international labour union movement. These will be examined in terms of the path dependency of their recent histories, in which changes have been incremental on a path laid down by pre-existing entrenched institutions, until each national system no longer operated properly and new contingencies obliged the leadership to revamp the system. As a consequence of China’s and Vietnam’s divergent path dependencies, when external contingencies finally forced institutional change, countries have veered onto divergent trajectories – the Trans-Pacific Partnership energising Vietnam to debate the acceptance of autonomous trade unions, while Xi Jinping in China has intensified Party control over industrial relations.     

Establishing A Mission-Based Culture: Analyzing the Relation Between Intra-Organizational Socialization Agents,Mission Valence,Public Service Motivation,Goal Clarity and Work Impact

ABSTRACT

This study contributes to our understanding of how organizations can craft a mission-based culture by examining the relationship between mission valence, PSM, goal clarity, and work impact. More specifically, the study assesses how value-laden communication with multiple intra-organizational socialization referents is related with the cited variables. The developed hypotheses are tested using structural equation modelling and a sample of 585 non-managerial employees employed by a public welfare organization. The findings confirm the claim that position in an organizational hierarchy is not likely to influence the analyzed relationships. The magnitude of the relationships, however, diverges. In contrast to previous research, the study results indicate that, in the case of lower-level employees, PSM is the most powerful predictor of mission valence. Furthermore, the results indicate that exposure to organizational values via interaction with internal socialization agents is positively related with their perceived importance. The results thus not only confirm the relevance of incorporating the institutional setting when analyzing mission valence, but also provide further proof for an institutional theory of PSM by highlighting that different organizational socialization agents could play a distinctive role in crafting PSM and a mission-based culture.