Internal and external method in the study of law

Legal theory and scholarship are currently characterized by a division between traditional, doctrinal methods and approaches derived from extra-legal disciplines. This paper proposes a different though related distinction between two methods of understanding law and interpreting authoritative legal texts.Internal method reflects the viewpoint of the participant in a legal system and traditional doctrinal study; it is practical and decision-oriented. Limitations on the range of arguments and interpretations employed are accepted in order to render its results serviceable for practical tasks.The purposes of external method are cognitive and theoretical; it is oriented toward a comprehensive philosophical and scientific rationality. Its premises and results are therefore not restricted by received professional opinion or social or institutional restraints, and may reflect the conceptual resources of extra-legal disciplines.The paper discusses the antecedents of these methods, describes the structure of each and relations between them, and suggests that the criterion of internal method is practical effectiveness, that of external method truth or falsity.     

The detection of ephedrine by solid-phase immunoenzyme analytical and gas chromatographic methods

Comparative analysis of ephedrine derivative content in 96 urine specimen obtained from people suspected in abuse with these drugs. Physical and chemical methods of the analysis (gas and thin-layer chromatography) as well as ELISA were used. It was stated that the latter is specific for determination of compounds related to ephedrine by structure and it allows one to detect its analogues in 87 cases. Gas chromatography made it possible to detect ephedrine derivatives in 94 specimen tested and thin-layer chromatography--in 64 specimen tested. The given ELISA may be recommended for medicolegal expert purposes and narcology practice.     

The Savings and Loan Debacle of the 1980s: White-Collar Crime or Risky Business?*

This paper examines the role of white-collar crime in the savings and loan crisis. Noting economists' assertions that crime was only a minor ingredient in the crisis, we compare the explanatory power of this “minimal fraud” model to that of its “material fraud” alternative. Bringing together evidence from every major study of thrifts in the 1980s, we argue that only the material fraud hypothesis can make sense of these data. This study demonstrates the utility of deductive reasoning in distinguishing between white-collar crime and ordinary business transactions, thereby potentially contributing to prosecutorial efforts, and helping resolve long-standing methodological dilemmas confronting white-collar criminologists.     

Modeling psychiatric patients' treatment decision making

Decision-making processes of psychiatric inpatients were assessed at admission and prior to discharge, and compared to hospital staff members using a paired comparison paradigm in which subjects chose between hypothetical antipsychotic medications. Multidimensional analyses of binary choice matrices revealed that all subjects based decisions on the risks and benefits of medication, and weighted risks and benefits in roughly equal proportions. Hospital staff demonstrated greater internal consistency in their decisions than the inpatient sample at both time points. For newly admitted inpatients, severity of psychiatric symptoms and nonverbal intelligence were related to internal consistency of decision making, and behavioral indices of medication compliance predicted relative weighting of risks and benefits. For predischarge and comparison samples, verbal intelligence and treatment preferences predicted both outcome measures. Reliance on verbal reports of decision making may be misleading when assessing competence in acutely impaired psychiatric patients.     

Using similarity judgments to conduct a mugshot album search

Mugshot searches fail because the witness must be shown too many photos. Current methods to reduce the number rely too heavily on verbal reports of individual features. This research reports three tests of a new system that augments the presently used tools by having the witness choose photos that are subjectively similar to the target. Each photo thus chosen increases the ranking of every photo in the album that is similar to it, as determined by a similarity network in which the album photos are embedded. Because the ranking of the target itself is usually thus increased, it is soon displayed. The tests used familiar targets, an incidental one, and unfamiliar videoed ones. From 76% to 84% of the “witnesses” reached the target, having viewed 2.4 to 8.5 times fewer photos than they would have had they simply leafed through photos as is traditionally done.     

Controlling School Crime: An Examination of Interorganizational Relations of School and Juvenile Justice Professionals

Abstract Crime in and around schools creates a climate of fear among students and teachers, and disrupts the learning environment. Effective control of school crime demands the cooperative efforts of school and juvenile justice officials. This paper examines the interorganizational relations between school principals, teachers, and juvenile probation officers by comparing survey results from three cities. Findings reveal significant differences onmethods for controlling school crime; and on due process and sharing of school and court records. School and court officials do cooperate in working with students who are under probation supervision; but the extent of their interaction is characterized by a low level of interorganizational relations.