De la signification des normes juridiques

Sans résumé     

A testable theory of problem solving courts: Avoiding past empirical and legal failures

Recent years have seen a proliferation of problem solving courts designed to rehabilitate certain classes of offenders and thereby resolve the underlying problems that led to their court involvement in the first place. Some commentators have reacted positively to these courts, considering them an extension of the philosophy and logic of Therapeutic Jurisprudence, but others show concern that the discourse surrounding these specialty courts has not examined their process or outcomes critically enough. This paper examines that criticism from historical and social scientific perspectives. The analysis culminates in a model that describes how offenders are likely to respond to the process as they engage in problem solving court programs and the ways in which those courts might impact subsequent offender conduct. This Therapeutic Jurisprudence model of problem solving courts draws heavily on social cognitive psychology and more specifically on theories of procedural justice, motivation, and anticipated emotion to offer an explanation of how offenders respond to these programs. We offer this model as a lens through which social scientists can begin to address the concern that there is not enough critical analysis of the process and outcome of these courts. Applying this model to specialty courts constitutes an important step in critically examining the contribution of problem solving courts.     

Biofuels and inclusive development: the Brazilian experience

This article addresses the question of whether the production and use of biofuels could be appropriate to support productive inclusion. After an overview of the main drivers of biofuels development in the last decade, the article analyses the Brazilian experience, the most ambitious programme to promote inclusive development through biofuel policy. It focuses on the institutional settings and its distributional effects, as well as the organisational dynamics in a semi-arid region, and concludes that even in a country like Brazil, with a long and successful tradition in biofuel policies, the productive inclusion of small-scale family farmers faces severe difficulties.     

Is there a new institutional response to the crimes of Communism? National memory agencies in post-Communist countries: the Polish case (1998–2014), with references to East Germany

Post-Communist Europe has not chosen to imitate the Truth and Justice or Truth and Reconciliation Commissions set up on several other continents. The notion of reconciliation with the Communist regime is not of much interest to certain political parties, many of which are rooted in the protest against the compromises that were part of the negotiated revolutions. The model admired by post-Communist countries was the one conceived by the Germans. Almost all the countries founded specific institutions – institutes – for managing memory, with archives located in these institutes. Some have archives that date from before World War II to 1990; they handle both totalitarianisms. What is feared is that through the game of partisan appointments, these institutes will become little more than instruments in less than honest hands for use in political contests. This is especially likely given that the Polish Institute of National Memory (IPN) employees perform several functions: classification, prosecution, and evaluating individual applicants to certain administrative positions. The specialized literature usually explains the trials and tribulations of Poland’s IPN in terms of the personalities of its different directors and the period in which each occupied that post. In this paper, we have verified this hypothesis.     

From Competition and Collusion to Consent-Based Collaboration: A Case Study of Local Democracy

The high distrust in political institutions and a growing sense of powerlessness among many citizens suggest that prevailing democratic governance systems lack a capability for collective dialogue and learning. The key thesis here is that public governance systems can benefit from organizational arrangements informed by circular design. A case study conducted at a Dutch municipality illustrates how principles of circular design served to enhance the city council’s role of orchestrator of civil participation. This case also illustrates how a local democracy, which has long suffered from majority–minority ploys and voting schemes, can be transformed into a consent-based culture of collaboration.     

Les enjeux de l'évaluation de la performance : Dépasser les mythes

Since the 1990s, most Western countries have equipped themselves with frameworks and tools to measure health organizations and systems' performance. Paradoxically, several theoretical, methodological and usage issues remain unresolved. Conceptually, the notion of performance is vague and not well rooted in theory. From a methodological perspective, we are faced with numerous measures that don't always meet reliability, validity and usefulness criteria and don't help to grasp the complexity of the concept. Finally, the assessment results are not fully used to continuously improve performance. This article focuses on analyzing these issues by deconstructing the myths that slow down the development of better‐suited frameworks to meet decision‐makers' needs. It also proposes innovations based on the global and integrated assessment model of health systems.     

Electrophysiological and Behavioral Responses of Thanatophilus sinuatus Fabricius (Coleoptera: Silphidae) to Selected Cadaveric Volatile Organic Compounds

Soon after death, carcasses release volatile chemicals that attract carrion insects including Silphidae. Nevertheless, it is not known which chemical cues are involved in the attractiveness of the carcass. So far, little information is available on the chemical ecology of carrion beetles, particularly concerning the subfamily of Silphinae. The biological role of selected cadaveric volatile organic compounds including dimethyldisulfide (DMDS), butan‐1‐ol, n‐butanoic acid, indole, phenol, p‐cresol, putrescine, and cadaverine on the silphine species, Thanatophilus sinuatus Fabricius, was investigated using both electrophysiological and behavioral techniques. Among the tested cadaveric compounds, butan‐1‐ol and DMDS elicited the strongest electroantennography (EAG) from both T. sinuatus male and female antennae. In a two‐arm olfactometer, males and females were significantly attracted to DMDS for both tested doses, whereas only males were attracted to p‐cresol at 100 ng. Putrescine was repellent to males at the dose of 1 μg.     

Estimation of Gestational Age from Tooth Germs: Biometric Study of DentaScan Images

Abstract: The few available studies on fetal age estimation concern very small samples, and statistical analysis is sometimes inadequate. In this survey, we used germs of deciduous teeth to estimate fetal age. Forty‐nine fetuses and 40 mandibles were scanned, and observations and measurements were made on DentaScan images. After checking their repeatability and reproducibility (analysis of variance), we defined thresholds using Fisher’s linear discriminant analysis to calculate the probability that a fetus was over or below a predefined age threshold. The forensic threshold which is of particular interest in France is 22 weeks amenorrhea. Relationships between fetal age and deciduous germ measurements were then sought by multiple linear regression. The thresholds gave very good results: 91.84% of good probability for the threshold of 22 weeks amenorrhea with no chance of error. The most precise age evaluation obtained nevertheless gave a range of ±4.6 weeks amenorrhea, so greater accuracy is still needed.