The role of coherence in legal reasoning

Many contemporary philosophers of law agree that a necessary condition for a decision to be legally justified, even in a hard case, is that it coheres with established law. Some, namely Sartorius and Dworkin, have gone beyond that relatively uncontroversial claim and described the role of coherence in legal justification as analogous to its role in moral and scientific justification, on contemporary theories. In this, I argue, they are mistaken. Specifically, coherence in legal justification is sometimes specific to a branch of law, and there is nothing isomorphic to this in the models of moral and scientific justification. Although Dworkin and Sartorius rely on the concept of coherence, they do not explicate it. In the course of examining their views, this essay offers a partial analysis of coherence on their models. Finally, two canons of relevance, governing when global coherence considerations are appropriate to legal justification, are presented.     

The potential of children as eyewitnesses

This study examined children's capabilities in an eyewitness task. Subjects aged five to twenty-two years viewed a confederate interacting with the experimenter and later were asked to tell what had happened, to answer objective questions (including a leading question), and to identify the confederate from 6 photos. The results indicated that although young children were unable to freely narrate what they had observed as thoroughly as adults, they were as accurate as adults in answering objective questions and in identifying the confederate from 6 photos. Additionally, there were no age differences in susceptibility to leading questions.     

Designing and Implementing Cross‐Sector Collaborations: Needed and Challenging

Theoretical and empirical work on collaboration has proliferated in the last decade. The authors’ 2006 article on designing and implementing cross‐sector collaborations was a part of, and helped stimulate, this growth. This article reviews the authors’ and others’ important theoretical frameworks from the last decade, along with key empirical results. Research indicates how complicated and challenging collaboration can be, even though it may be needed now more than ever. The article concludes with a summary of areas in which scholarship offers reasonably settled conclusions and an extensive list of recommendations for future research. The authors favor research that takes a dynamic, multilevel systems view and makes use of both quantitative and qualitative methods, especially using longitudinal comparative case studies.     

Notes on contributors

Robyn Eckersley: Environmentalism and Political Theory: Toward an Ecocentric Approach. Albany: State University of New York Press, 1992.

Arne Naess: Ecology, Community and Lifestyle. Translated and revised by David Rothenberg. Cambridge: Cambridge University Press, 1989.

M. Annette Jaimes, ed.: The State of Native America: Genocide, Colonization, and Resistance. Race and Resistance Series, Boston, South End Press, 1992.

Alexander Wilson: The Culture of Nature: North American Landscape from Disney to the Exxon Valdez. Cambridge, MA: Basil Blackwell, 1992.     

Comment on William G. Grigsby and Steven C. Bourassa's “Section 8: The time for fundamental program change?”

Abstract

Grigsby and Bourassa claim that the major problems with the housing voucher program are that most families with affordability problems are not served and that housing assistance is not part of the federal safety net. They propose replacing the program with a housing entitlement for most very low‐income renters, with eligibility linked to receipt of safety‐net benefits. Resources to serve additional families would be generated in part by changes like those found in the Department of Housing and Urban Development's recent block grant proposals.

The Grigsby‐Bourassa proposal lacks a clear assessment of likely costs. Also, there is a risk that the means the authors propose will be heard, but that their call for expansion will not. Finally, their proposal does not intersect with other ideas to modify a basically successful program to better achieve its goals, and questions about rental markets and family and landlord behavior also must be answered.     

Privatizing Urban Services Through Homeowners Associations: The Potential and Practice in Phoenix

Homeowners associations (HOAs) are private nonprofit corporations that regulate, “tax,” and provide urban services to growing numbers of U.S. residents. As such, HOAs may affect cities' public service delivery. Interviews with department heads in Phoenix, Arizona reveal how enclaves of private services influence the city's planning and provision of public services. The findings suggest that HOAs do not substitute private for public services in Phoenix. Instead, qualitative differences in the services themselves (particularly concerning their purpose and scale) and in the legal powers of their providers create a more nuanced pattern of public-private service delivery.     

Stakeholders,natural resource management and Australian rural local governments: A Q methodological study

This paper reports on a Q methodological study of stakeholder perceptions of rural local government management of natural resources. Data analysis of the Q sorts revealed that there are five distinct stakeholder perspectives relating to rural local government and natural resource management. In terms of natural resource management at the local level rural stakeholders perceive local government as an unwilling participant, an inconsequential participant, as a problematic participant, as a potential participant, and, most positively, a participatory partner. The paper describes each of these five stakeholder perspectives in detail before examining the implications of these findings for greater natural resource management at the local level in non-metropolitan Australia.     

Forensic Identification of Indian Snakeroot (Rauvolfia serpentina Benth. ex Kurz) Using DNA Barcoding

Indian snakeroot (Rauvolfia serpentina) is a valuable forest product, root extracts of which are used as an antihypertensive drug. Increasing demand led to overharvesting in the wild. Control of international trade is hampered by the inability to identify root samples to the species level. We therefore evaluated the potential of molecular identification by searching for species‐specific DNA polymorphisms. We found two species‐specific indels in the rps16 intron region for R. serpentina. Our DNA barcoding method was tested for its specificity, reproducibility, sensitivity and stability. We included samples of various tissues and ages, which had been treated differently for preservation. DNA extractions were tested in a range of amplification settings and dilutions. Species‐specific rps16 intron sequences were obtained from 79 herbarium accessions and one confiscated root, encompassing 39 different species. Our results demonstrate that molecular analysis provides new perspectives for forensic identification of Indian snakeroot.