The Three Faces of Defeasibility in the Law

Abstract. In this paper we will analyse the issue of defeasibility in the law, taking into account research carried out in philosophy, artificial intelligence and legal theory. We will adopt a very general idea of legal defeasibility, in which we will include all different ways in which certain legal conclusions may need to be abandoned, though no mistake was made in deriving them. We will argue that defeasibility in the law involves three different aspects, which we will call inference‐based defeasibility, process‐based defeasibility, and theory‐based defeasibility. Only the integration of these three perspectives allows us to provide a satisfactory account of the role of defeasibility in legal reasoning.     

The statistical prediction of violent behavior

Considerable attention in the popular and professional literature has focused on the relative costs and benefits of using public protectionist versus civil libertarian models of social control. In this article, we develop statistical analogs of these models to predict violent behavior among samples of defendants found incompetent to stand trial in New York State. The societal and personal costs (errors of prediction) of each model are compared and their implications for clinical practice and social policy are discussed.This research was supported in part by PHS Grant MH 20367 from the NIMH Center for Studies of Crime and Delinquency. The assistance of Thomas Arvanites in data analysis and the comments of Monroe Lefkowitz and Mary Evans Melick on earlier drafts of this paper are gratefully acknowledged.     

The failure of immigration reform in Germany

After many years without substantial activity in immigration policy, the German Red–Green government which came to power in 1998 introduced an American-style Green Card and a new citizenship law. From these beginnings, the immigration reform campaign captured the public imagination, and for two years a broad spectrum of figures from German public life took part in a lively debate on the issue. A law was eventually adopted by parliament and promulgated in spring 2002, but – in the wake of a voting scandal in the Bundesrat – it was struck down by the Federal Constitutional Court weeks before its scheduled entry into force. This report recounts the story of the now defunct immigration law and seeks to shed valuable light on German politics by analysing what the key differences were that divided the main political parties.     

Siemens' ‘Anglo‐Saxon’ strategy: Is globalising business enough?

In the 1990s German conglomerates have attempted to move towards Anglo‐Saxon business values. Siemens saw shareholder value as the key measure of competitiveness. To become more Anglo‐Saxon, the strategy of Siemens was to globalise its business and change corporate culture. These changes have proved to be insufficient. Vertically integrated conglomerates need to break up their business empires, focus on their core competencies and move towards de‐integrated networking relations if they want high stock‐market performance.     

Are Latin American peasant movements still a force for change? Some new paradigms revisited

This article is a critique of structuralist and postmodern approaches to the study of agrarian reform and the viability, nature and significance of peasant and landless movements in Latin America. Contrary to the dominant structuralist view, we argue that peasant and landless workers’ movements in Latin America are not anachronistic but dynamic modern classes, which in many contexts play a major role in opposing the dominant neoliberal agenda. Against postmodern interpretations of such grassroots agrarian movements, we also argue that in terms of action and programme, peasant and landless workers’ movements have raised fundamental class issues, in some instances combining them with ethnic demands. Deploying a reconstituted class analysis, we examine four cases of peasant/landless workers movements currently challenging state power: the Rural Landless Workers Movement in Brazil, the Revolutionary Armed Forces in Colombia, the National Confederation of Indigenous Nationalities in Ecuador, and the Zapatista Army of National Liberation in Mexico. Our conclusion is that in the current context, peasant and landless workers’ movements in Latin America are engaged in a modern form of struggle, combining traditional forms of solidarity not only with the acceptance/adaptation of modern goals and techniques, but also with a strategic understanding of the levers of power in the national and international system.