A Typological Reading of Prevailing Legal Theories

A classic debate in the history of philosophy is that between rationalists and empiricists concerning the “true” source of human knowledge. In legal philosophy this debate has been reflected in the classic opposition between natural law and legal positivist perspectives. Even the currently predominant inclusivist perspectives on the nature of law, such as inclusive legal positivism and inclusive legal non‐positivism, are not immune to such a dichotomy. In this paper I attempt to present an understanding of specific cognitive characteristics of prevailing legal theories from the perspective of the theory of psychological types as developed by Carl G. Jung.     

From persecutors to protectors: Human rights and the F&M Global Barometer of Gay RightsTM (GBGR)

Sexual minorities are the most vulnerable minorities on the planet. Their existence challenges cultural norms, traditions, and power structures. They have been treated as social pariahs and scapegoats for the economic, political, or social ills in their countries. However, countries vary widely in the extent to which they are protective or repressive toward lesbian, gay, bisexual, and transgender individuals. This article systematically analyzes the global persecution and protection of sexual minorities through the application of the F&M Global Barometer of Gay Rights^TM (GBGR). Using GBGR world data from 2011 to 2014, we document the variance in levels of state and societal persecution and protection of sexual minorities in 188 countries. Our findings suggest that having a higher life expectancy, a democratic system, a lower percentage of rural population, and lower religiosity are significant predictors of whether a country will be more rights-protective toward its sexual minorities.     

Youth activism and dignity in post-war Mostar – envisioning a shared future through heritage

ABSTRACT

This paper looks at youth activism in Mostar through a specific action occurring in 2016, when an electric substation was overpainted in the neighbourhood of Rudnik. The project highlighted the rights of the miners to emphasize that other than ethnic identities can be brought forward through cultural heritage. The paper aims to broaden the spectrum of heritage values to encompass the concept of dignity. The monument served to induce a sense of dignity on two levels. Firstly, people were given the agency to influence the monument. Secondly, the monument emphasized workers’ identity, which is currently silenced in the public space.     

False stories from the history of Mostar

ABSTRACT

This visual essay presents a set of stories written for a performative walk in public space, complemented with a short reflection and documentary graphic material. The art intervention, titled ‘False stories from the history of Mostar’, was conceived and performed by Abart – an art production platform started in the city of Mostar in 2008 to work on contextual forms of socially engaged art practices. The intervention addressed eight problematic sites in the city, through fictional stories which aimed to expose the underlying processes shaping the transitional management of space in Mostar.     

Ethical analysis of a curious event of a forensic case becoming an involuntarily hospitalized psychiatric patient

It is not uncommon in forensic psychiatry that the duty to care for the patient conflicts with the responsibility to the court, or the duty to protect the public from harm from the potentially dangerous patient-offender. This paper exemplifies the scenario of what happens when the line between forensic and clinical psychiatry is crossed and whether crossing that boundary can be justified. Ethical discussion also embodies and clarifies the issues of unjustified violation of the patients’ autonomy and an undue infringement on their right to liberty on the arbitrary basis of existing or perceived mental illness. The paper provides an in-depth analysis of the issues of physicians’ conflicting duties, vulnerability of patient-offenders, and their human rights in the light of court orders and involuntary hospitalizations.

I argue that in order to promote ethical decision-making we must establish clear rules and guidelines for psychiatric practice, separate conflicting roles, and provide sufficient training of health-care professionals regarding topics of human rights and legislation governing clinical and forensic psychiatric practice. Empowering patients and enhancing their rights to autonomy and liberty can also be potent tools of promotion and protection of their human rights and prevention of ethical breaches in practice.     

Impact of takeovers on profitability of target companies: Evidence from Croatian companies

It is possible to find scientific confirmation of positive, negative or neutral influence of takeovers on company's profitability. Therefore, this study aimed to highlight the sensitivity of research results on manipulation in terms of used methodology and indicators. Using t-test for paired samples and five selected profitability indicators for target and peer companies, it has been proven that it is possible to obtain significantly different results even when using the same sample and the same reference period. The research has been performed on the sample of Croatian companies, which were taken over in the period from year 2003–2008.     

Diagnosis of antisocial personality disorder and criminal responsibility

The present study empirically investigates whether personality disorders and psychopathic traits in criminal suspects are reasons for diminished criminal responsibility or enforced treatment in high security hospitals. Recently, the tenability of the claim that individuals with personality disorders and psychopathy can be held fully responsible for crimes has been questioned on theoretical bases. According to some interpretations, these disorders are due to cognitive, biological and developmental deficits that diminish the individual's accountability.The current article presents two studies among suspects of serious crimes under forensic evaluation in a Dutch forensic psychiatric observation clinic. The first study examined how experts weigh personality disorders in their conclusions as far as the degree of criminal responsibility and the need for enforced forensic psychiatric treatment are concerned (n = 843). The second study investigated associations between PCL-R scores and experts' responsibility and treatment advisements (n = 108).The results suggest that in Dutch forensic practice, the presence of a personality disorder decreased responsibility and led to an advice for enforced forensic treatment. Experts also take characteristics of psychopathy concerning impulsivity and (ir)responsibility into consideration when judging criminal accountability. Furthermore, they deem affective deficiencies sufficiently important to indicate suspects' threat to society or dangerousness and warrant a need for forensic treatment.     

Traumatic testicular displacement in motorcycle drivers

Testicular displacement is a rare clinical presentation of blunt scrotal injury that may take place in road traffic accidents involving motorcycle occupants. We are presenting two cases of motorcycle occupant fatalities, 21 and 24 years of age, where testicular displacement and other signs of groin trauma have been determined. In both cases, discrete external signs of scrotal trauma were noted on examination, while unilateral and bilateral traumatic testicular displacement, respectively, have been documented at autopsy. For motorcycle occupants involved in collision, it is necessary to perform a thorough analysis of injuries, in particular to look for specific trauma arising from fuel-tank impact to genitalia and/or groin. These injuries are of great medico-legal importance both at postmortem and in clinical cases involving motorcycle occupants involved in collision.