La sumisión del poder público al derecho en el civil law y en el common law: estado de derecho,rule of law y su expansión al ámbito internacional

Generally regarded as synonyms, the Rule of Law and the Rechsstaat are different. There are between the two legal institutions substantial differences that we must distinguish rigorously. The idea of the public power submission to the law —expressed through both theoretical constructions— has gone beyond the State borders and, progressively, made its way into international scenario. For some authors, the root for the application of the principle of the Rule of Law to interstate relationships, within international society, could date back to the XVIII century. However, it was until a few years ago that the Rule of Law analysis, from a sttrictly international point of view, started to take off. In this article the author analyzes the differences between the Rechsstaat and the Rule of Law in order to study the extension of these conceptions and how it could be applied to highlight the preeminence of law at international level.     

Topological Variability of Fingerprint Ridge Density in a Sub‐Saharan Population Sample for Application in Personal Identification

Variability in ridge density in a sub‐Saharan population sample was studied by counting ridges in three fingerprint areas (two distal regions, radial and ulnar, and one proximal region) on the epidermal surface of the distal phalanx. Study material was obtained from the fingerprint impressions of 100 male sub‐Saharan subjects aged between 18‐ and 48‐years old. The results were compared with those obtained from a Spanish population sample. Sub‐Saharan males presented lower ridge density than Spanish males in the distal regions (radial and ulnar) of all fingers, whereas differences in the proximal region were only observed on some fingers. Using the differences observed between these populations, the likelihood ratio for inferring membership of one of the populations from a fingerprint of unknown origin was calculated; therefore, a ridge density of 14 or less for both areas (ulnar and radial), support an origin sub‐Saharan versus Spanish population.     

Cadmium-free quantum dots in aqueous solution: Potential for fingermark detection,synthesis and an application to the detection of fingermarks in blood on non-porous surfaces

The use of quantum dots (QDs) in the area of fingermark detection is currently receiving a lot of attention in the forensic literature. Most of the research efforts have been devoted to cadmium telluride (CdTe) quantum dots often applied as powders to the surfaces of interests.Both the use of cadmium and the nano size of these particles raise important issues in terms of health and safety. This paper proposes to replace CdTe QDs by zinc sulphide QDs doped with copper (ZnS:Cu) to address these issues. Zinc sulphide–copper doped QDs were successfully synthesized, characterized in terms of size and optical properties and optimized to be applied for the detection of impressions left in blood, where CdTe QDs proved to be efficient. Effectiveness of detection was assessed in comparison with CdTe QDs and Acid Yellow 7 (AY7, an effective blood reagent), using two series of depletive blood fingermarks from four donors prepared on four non-porous substrates, i.e. glass, transparent polypropylene, black polyethylene and aluminium foil. The marks were cut in half and processed separately with both reagents, leading to two comparison series (ZnS:Cu vs. CdTe, and ZnS:Cu vs. AY7). ZnS:Cu proved to be better than AY7 and at least as efficient as CdTe on most substrates. Consequently, copper-doped ZnS QDs constitute a valid substitute for cadmium-based QDs to detect blood marks on non-porous substrates and offer a safer alternative for routine use.     

Law and Its Rhetoric of Violence

This article explores the manner in which politico-legal language makes use of metaphors of violence and destruction in order to describe state/legal functions and actions. It argues that although such use of a militaristic hyperbole is generally regarded as normal and appropriate, it is in fact harmful in the way that it presents complex and specific problems as being simple and abstract. From a semiotic point of view, and using the work of Roland Barthes, law is regarded as a system of signs and ‘combative’ legal language can be seen as ideological manipulation through the technique of so-called second-level signification (myth). Although it is conceded that law, similar to all other interpretive systems, cannot avoid the use of metaphoric language, it is argued that we should resist regarding legal language as neutral and ‘natural’ and that we should rather retain the memory of legal concepts and categories as historical, man-made, and therefore always open to revision.     

Press articles and influence processes: the different effects of incriminating information and crime story information on judgments of guilt

The present study examines how potential jury members' judgments are affected by two types of information provided by the media: (1) information that is directly incriminating for the accused and (2) crime story information, that is, information about the events of the crime but not directly pertaining to the defendant's innocence or guilt. Although the influence of directly incriminating information has been widely researched, the effect of crime story information has never been studied. Our objective was to test the hypothesis that incriminating information affects judgments directly, whereas crime story information affects judgments indirectly via the arousal of negative emotions. We did this by coding the two types of information in 78 press articles about a criminal trial heard in France. Participants (N = 312) were asked to read the articles and then indicate their anger arousal and give their judgment about the accused. The results support our hypothesis. We conclude by discussing the contribution of our findings to research into the media's influence on legal cases.     

Prospective lawyers’ rape stereotypes and schematic decision making about rape cases

Abstract

Two studies explored stereotypic information processing in rape cases by prospective lawyers in Germany. In Study 1, 451 undergraduate law students rated rape scenarios varying with respect to defendant–complainant relationship and coercive strategy (force versus exploitation of the complainant's alcohol-induced defencelessness). Acceptance of rape myths was also measured. Likelihood of defendant liability was rated to be lower when there was a prior relationship between the parties and when the defendant exploited the complainant's defencelessness as compared to when he used force (except in the ex-partner rapes where blame was higher in the alcohol-related than in the force-related cases). Complainant blame was higher when there was a prior relationship between the parties and was higher in the alcohol-related cases than in the force-related cases, except in the ex-partner rape where the pattern was reversed. Participants with high rape myth acceptance held the defendant less liable and blamed the complainant more, especially when the two had known each other. Study 2 largely replicated these findings with 129 postgraduate trainee lawyers and showed that sentencing recommendations also varied as a function of defendant–complainant relationship and coercive strategy. Providing participants with the legal definition of rape did not reduce reliance on rape stereotypes.     

Alcohol intoxicated eyewitnesses' memory of intimate partner violence

Alcohol affects memory in many, and mostly negative, ways. This is a problem in legal contexts as many witnesses are alcohol intoxicated when taking part of the critical event. However, research is sparse regarding how, and under what circumstances, the reports of alcohol intoxicated witnesses differ from those of sober witnesses. This study investigated whether alcohol intoxicated and sober eyewitnesses differ regarding completeness, accuracy, and type of information reported, as well as whether gender influenced these variables. Eighty-seven healthy men (n = 44) and women (n = 43) received either an alcoholic beverage (0.7 g/kg) or a control (juice) in a laboratory setting before viewing a film picturing intimate partner violence. Ten minutes after viewing the film, they were interviewed. Reports by alcohol intoxicated women were less complete, but as accurate, as sober women's. In contrast, intoxicated and sober men did not differ regarding completeness or accuracy. Furthermore, compared with sober women, intoxicated women reported fewer actions but no difference was found between the groups regarding reported objects. At this moderate dose, alcohol affected women's reports more than men's, which may be because alcohol affects attention and memory consolidation more clearly at a lower dose for women than for men.     

Farm transmission and the commercialization of agriculture in northern Maine in the second half of the 19th century

The transition to capitalism has been one of the most discussed issues in the historiography of the rural United States in the 18th and 19th centuries, but the typology, and the “market revolution” construed upon it, are problematic. The article explores some of these problems by examining the commercialization of eastern Canadian agriculture, which was a prolonged process starting in the beginning of the 19th century in the St. Lawrence–Great Lakes axis and ending during the 1960s in the outlying parts of Quebec, Ontario, and the Maritime Provinces. It is difficult to identify clear trends in the numbers yielded by evidence from this region for the time period in question. Highly commercial farms were more likely than the others to transfer all their property to their children. Deficit farmers were much more likely than the others to transfer all their property to outsiders. But the data do not support the view that farmers who were keen on turning their farms into moneymaking businesses adopted property transmission practices that were markedly different from the others. And before the 1830s, there was really no need to have strategies in place because land was plentiful.     

Facing death in the early days of life: Inequality between the sexes in enlightenment demographic thought

The first measurements of differential mortality by sex took place at the end of the seventeenth century. Once its existence has been clearly shown during the eighteenth century by the works of Struyck, Kersseboom, Süssmilch, Deparcieux and others, what analysis emerged? If one of the two sexes benefited from a longer life, was this rule valid in all places and for all ages? All the demographers observed that such a difference began during infancy and childhood. How can it be explained that children were not equal in the face of death? Why did so many boys die before their teenage years? We can find several types of explanation: the will of God, the natural order, the biological constitution and the social habits of children of more than one year old.     

The garcia de la paz

According to the famous economist and Nobel prize winner Amartya Sen women have a significant biological advantage over men. Despite this fact women do not always live longer. In today's third world, but also in some areas in Europe at the end of the 19th and the beginning of the 20th century we find so-called excess female mortality. In this paper we examine child mortality in The Netherlands in general and gendered patterns of child mortality in particular. The focus is on differential mortality patterns by gender for infants, older children, and young adults up to age 20 in the second half of the 19th century. The analysis takes place at three levels. We start off with an exploration of sex differentials in mortality at the national level, based on the existing literature. We next examine gender differentials in mortality at the level of several Dutch communities, in the region called Twente, focussing on the differences between the city and the countryside. The final part of the analysis focuses on the micro level of the individual and his or her family in the rural community of Lonneker located in the Twente region. In this part of our study we make use of longitudinal individual level data which are analysed with event history methodologies. Our analysis clearly demonstrates that young women and girls in The Netherlands were not always in a position to fully capitalise upon their greater biological advantage and suffered instead considerable excess mortality. Especially in the rural parts of the country girls had lower survival chances. The individual level analysis confirms the importance of sex in explaining child and adolescent mortality. These gendered mortality risks can however not be attributed to social and economic household characteristics. The analysis also shows that, when death came, it literally affected the entire family. This phenomenon, better known under the label ‘death clustering’, may have been an effect of parental incompetence.