Just 'Cause You're Smarter than Me Doesn't Give You a Right to Tell Me What to Do: Legitimate Authority and the Normal Justification Thesis

Joseph Raz's famous theory of authority is grounded in threeclaims about the nature and justification of authority. Accordingto the Preemption Thesis, authoritative directives purport toreplace the subject's judgments about what she should do. Accordingto the Dependence Thesis, authoritative directives should bebased on reasons that actually apply to the subjects of thedirective. According to the Normal Justification Thesis (NJT),authority is justified to the extent that subjects are morelikely to comply with right reason by following the authority'sdirectives than by following their own judgments about whatright reason requires.¹ In this article, I consider a number of ways in which NJT mightbe construed as a justification for authority. First, I evaluateNJT construed as a principle that would provide a practicaljustification for an individual to accept or recognize a particularperson or persons as a preemptive authority. Second, I evaluateNJT construed as a principle that describes the conditions underwhich a state or legal system is morally legitimate. I arguethat NJT is true under none of these interpretations.²     

An Analysis of Miranda Warnings and Waivers: Comprehension and Coverage

Miranda warnings enshrine the constitutional rights of custodial suspects against self-incrimination. However, the wording and sentence complexity of Miranda warnings and waivers vary dramatically from jurisdiction to jurisdiction. This study is the first extensive investigation of Miranda warning variations examining 560 Miranda warnings from across the United States. With Flesch-Kincaid reading comprehension as a useful metric, Miranda warnings varied from very simple comprehension (i.e., grade 2.8) to requiring postgraduate education. Miranda warnings are composed of five components (e.g., silence and evidence against you); marked variations were also observed in the comprehensibility of individual components. On average, the Miranda warning component on "continuing rights" requires a reading comprehension level six grades higher than the comparatively simple expression of the right to silence. Similar analyses were conducted on Miranda waivers. The content of these warnings differed on such issues as communicating (a) when access to an attorney would be granted (e.g., 45.9% specified only "during questioning") and (b) explicitly that indigent legal services were free (e.g., 31.8% directly informed suspects). Finally, the study identified representative Miranda components at different levels of reading comprehension as a template for further research.     

The Differentiation of the Volatile Organic Signatures of Individuals Through SPME-GC/MS of Characteristic Human Scent Compounds

Abstract:  Human scent evidence is utilized as an investigative tool through canine scent discriminations based on the premise that human scent is an individualizing characteristic. This study describes the development of what is effectively a human scent barcode consisting of the relative ratios of an individual's "primary odor" compounds utilized to determine a reproducible and individualizing profile which can be stored in a searchable database for a proof of concept of human scent as a biometric measure. Triplicate hand odor samples were evaluated from 10 subjects utilizing solid phase micro-extraction gas chromatography/mass spectrometry (SPME-GC/MS) and compared via Spearman Rank Correlations. Narrowing the compounds considered for each subject to only those common in all three samples, or a subject's "primary odor constituents," produced a greater degree of both individualization and discrimination; at both correlation thresholds of 0.9 and 0.8, the individuals were correctly discriminated and identified in 99.54% of the cases.     

The challenge of cyber attack deterrence

National security planners have begun to look beyond reactive, tactical cyber defense to proactive, strategic cyber defense, which may include international military deterrence. The incredible power of nuclear weapons gave birth to deterrence, a military strategy in which the purpose of armies shifted from winning wars to preventing them. Although cyber attacks per se do not compare to a nuclear explosion, they do pose a serious and increasing threat to international security. Real-world examples suggest that cyber warfare will play a lead role in future international conflicts. This article examines the two deterrence strategies available to nation-states (denial and punishment) and their three basic requirements (capability, communication, and credibility) in the light of cyber warfare. It also explores whether the two most challenging aspects of cyber attacks – attribution and asymmetry – will make cyber attack deterrence an impossible task.     

Ethics, Information Technology, and Public Health: New Challenges for the Clinician-Patient Relationship

Increasingly widespread adoption of health information technology tools in clinical care increases interest in ethical and legal issues related to the use of these tools for public health and the effects of these uses on the clinician-patient relationship. It is argued that patients, clinicians, and society have generally uncontroversial duties to support civil society's public health mission, information technology supports this mission, and the effects of automated and computerized public health surveillance are likely to have little if any effect on the clinician-patient relationship. It is also suggested, nevertheless, that electronic public health surveillance raises interesting and important ethical issues, some of which can be addressed if not resolved by empirical research, especially regarding patient preferences about secondary use of health data and their moral obligation to contribute to population- based health.     

Can Strict Criminal Liability for Responsible Corporate Officers be Justified by the Duty to Use Extraordinary Care?

The responsible corporate officer (RCO) doctrine is, as a formal matter, an instance of strict criminal liability: the government need not prove the defendant’s mens rea in order to obtain a conviction, and the defendant may not escape conviction by proving lack of mens rea. Formal strict liability is sometimes consistent with retributive principles, especially when the strict liability pertains to the grading of an offense. But is strict liability consistent with retributive principles when it pertains, not to grading, but to whether the defendant has crossed the threshold from noncriminal to criminal conduct? In this essay, I review the two most plausible arguments supporting an affirmative answer in the context of the RCO doctrine. First, perhaps this doctrine reflects a rule-like form of negligence, akin to a rule that prohibits selling alcohol to a minor. Second, perhaps this doctrine expresses a duty to use extraordinary care to prevent a harm. Neither argument is persuasive. The first argument, although valid in some circumstances, fails to explain and justify the RCO doctrine. The second argument, a duty to use extraordinary care, is also inadequate. If “extraordinary care” simply means a flexibly applied negligence standard that considers the burdens and benefits of taking a precaution, it is problematic in premising criminal liability on ordinary negligence. If instead it refers to a higher duty or standard of care, it has many possible forms, such as requiring only a very slight deviation from a permissible or justifiable standard of conduct, placing a “thumb” on the scale of the Learned Hand test, identifying an epistemic standard more demanding than a reasonable person test, or recognizing a standard that is insensitive to individual capacities. However, some of these variations present a gratuitous or incoherent understanding of “negligence,” and none of them sufficiently explain and justify the RCO doctrine.     

The maharishi effect: A model for social improvement. Time series analysis of a phase transition to reduced crime in merseyside metropolitan area

Abstract

Time series analysis was used to test the hypothesis that Merseyside crime rate was reduced by a group practising Maharishi Mahesh Yogi's Transcendental Meditation and TM-Sidhi programme. Previous research suggests that a phase transition to increased orderliness u evidenced by reduced crime rate should occur when the group size approaches the square root of 1% of the total population. Analysis of Merseyside monthly crime data and coherence group size from 1978 to 1991 shows that a phase transition occurred during March 1988 with a 13.4% drop in crime when the group size first exceeded the √1 % or Maharishi Effect threshold (p < 0.00006). Up to 1992, Merseyside crime rate has remained steady in contrast to the national crime rate which has increased by 45%. In 1987 Merseyside had the third highest rime rate of the eleven largest Metropolitan Areas in England and Wales; by 1992 it had the lowest crime rate. 40% below levels predicted by the previous behaviour of the series. There were 255,000 less crimes in Merseyside from 1988 to 1992 than would have been expected had Merseyside continued to follow the national crime trend. Home Office figures indicate savings to Merseyside could exceed £1250 million for the five year period. Demographic changes, economic variables, police practice, and other factors could not account for the changes.     

Early Intervention with Compensated Lower Back-Injured Workers at Risk for Work Disability: Fixed versus Flexible Approach

Low back pain (LBP), a leading cause of disability, has been linked with profound economic, personal, and social costs (Hills 2006; World Health Organization 2003). This significant effect propels research in identifying modifiable risk factors that protract LBP; these factors can be targeted in early intervention (EI) (Pransky, Journal of Occupational & Environmental Medicine, 49(3):249–251, 2007; Schultz et al., Journal of Occupational Rehabilitation, 17:327–352, 2007, Journal of Occupational Rehabilitation, 18(2), 140–151, 2008; White et al. 2013). This randomized controlled study evaluated the effectiveness of two approaches, fixed versus flexible, in delivering proactive, interdisciplinary EI with 63 workers within a workers' compensation interdisciplinary case management setting (i.e., WorkSafeBC, Canada). Off-work 4 to 10 weeks post-back injury, the workers were also at risk of protracted work disability (N?=?24 at high risk; N?=?39 at moderate risk). Fixed, protocol-driven, interdisciplinary, multimodal, clinical, occupational, and case management-based EI was compared with a flexible, individual need-driven EI with the same modalities as the fixed approach. Results showed a significant narrowing of the outcome gap between the two interventions. High-risk injured workers tended to benefit more from a fixed, protocol-driven approach, as shown in the pilot study (Schultz et al. Journal of Occupational Rehabilitation, 18(2), 140–151, 2008). The results indicated that moderate-risk workers benefitted from a more flexible, need-based, individual, and low-intensity approach as compared with a fixed approach. The flexible approach for moderate-risk workers was also less costly and consumed fewer rehabilitation and health care resources. Recommendations for future research and practice included larger sample sizes, controllability of research interventions, risk for disability-EI matching, and conditions under which a flexible delivery of multimodal EI is more efficacious than a fixed approach, and vice versa.