Deduction and Justification in the Law. The Role of Legal Terms and Concepts

Abstract. Legal terms, such as “ownership,”“contract,”“validity,”“negligence,” are used as middle terms in legal deduction. The paper distinguishes two problems regarding this use. One is the logical function of terms for deduction within a normative system. Specific problems dealt with in this connection are meaning, definition, and economy of expression. The other problem connected with middle terms is the “moulding” and possible manipulation of the meaning of legal terms, for arriving at desired conclusions in a given scheme of inference. It is indicated how the moulding of contested legal concepts, if not restricted, will obscure the ratio of legal rules. This problem is relevant, inter alia, to arguments ex analogia in the law.     

“Ruby’s Music Festival”: developing problem-solving skills using online scenarios and creating opportunities to feed forward

One of the characteristics of good teaching is giving the highest quality feedback on student work, but the term “feedback” is most commonly associated with summative assessment given by a teacher after work is completed. The student can often be a passive participant in the process. This article looks at the implementation of web-based scenarios completed by students prior to summative assessment with the objective of improving legal problem-solving skills. It examines the design process and the implementation of the problem-solving activity and the approach to teaching and learning taken in the new law unit of which it is part. We argue that such activities are effective tools to feed forward and reflect on the implications for the effective teaching of law in higher education.     

New Public Governance in the Baltic States: Flexible Administration and Rule Bending

Abstract

The New Public Governance approach advocates a more flexible and participatory public administration as means to higher efficiency and increased legitimacy. Increasing flexibility and thereby public employees’ discretion, however, may pose a risk to equality and impartiality, core values in democratic and rule-of-law societies. Using a survey among Baltic public employees, this article explores this risk. We ask whether public employees’ preferences for flexible rule application go hand in hand with acceptance of bending the rules, even if it means a breach of impartiality. We find that this is the case. We also find that contrary to what the New Public Governance approach expects, neither citizen participation nor generalized trust works as a control on rule bending. On a positive note, however, we find that control mechanisms associated with Weberian Public Administration lessen acceptance for bending the rules.     

Trends in the Perpetration of Physical Aggression among Norwegian Adolescents 2007–2015

Most research on trends in physical aggression has shown declining levels among adolescents during the past two decades. However, few studies have attempted to explain such time trends. Based on two representative cross-sectional surveys of students in the final year of high school in 2007 (N?=?6631; 58.8% girls) and 2015 (N?=?4145; 60.3% girls), this study reports a substantial decline in physical aggression among Norwegian adolescents. Moreover, mediation analyses show that declining levels in problematic alcohol use and family violence during the same period are plausible explanations for some of this reduction. The results are discussed in light of contemporary changes in socialization of adolescents, and implications for violence prevention are presented.     

Violent men: ordinary and deviant

This article deals with discourses of intimate partner violence and is based on interviews with professionals who meet violent men. The professionals emphasized the importance of men taking unreserved responsibility for their violent behavior. Intimate partner violence was viewed not only as "power and control" but as the result of complex situations and interplays. The discourses presented an ambivalent explanation of violent men as both ordinary and deviant. They were understood as having a strained background, but to be rather ordinary, often functioning well at work and in society. Yet, they have nonstandard views of women, act deviant in their communication and interplay with others, and cannot cope with certain situations in intimate relationships. Based on the interviews, men inclined to partner violence may be generalized as those who: attack immediately, explode unexpectedly, or ultimately become aggressive. The discussion challenges unreflected discourses as means for change when counteracting violence.     

International Trust and Public Opinion About World Affairs

This study argues that citizens base their opinions about world affairs in part on generalized beliefs about how much their nation can trust other nations. Using original data from a two-wave panel survey and a cross-sectional survey, we show that Americans hold stable, internally consistent, and largely pessimistic generalized beliefs about whether the United States can trust other nations. We find that social trust, political trust, partisanship, and age influence this form of trust, which we call international trust. We then demonstrate that international trust shapes whether Americans prefer internationalism to isolationism, perceive specific foreign nations as unfriendly and threatening, and favor military action against Iraq. The role of international trust in shaping opinion may be consistent with theories of low-information rationality, but competing interpretations are also plausible.