Restrictions on the Use of Analogy in Law

This article touches on the issue of the restrictions and bans concerning the use of analogical reasoning in law. In order to clearly present this topic, the Author appeals to different branches of law, having thus a separate regard for criminal law, tax law, administrative law, private law and legal procedures. In this context, he also pays attention to the domain of the constitutional law and the practice of the Court of Justice of the European Union. Additionally, allowance has been made for some other interpretative directives that aim to truncate the potential usage of an analogical argument in law such as the principle that exceptions should not be extended, the requirement not to meddle with the plain and precise meaning of the wording of statutory provision or a ban on negating the ‘exhaustive’ nature of some statutory enumerations through extending them analogically.     

Appayya’s Vedānta and Nīlakaṇṭha’s Vedāntakataka

The seventeenth century author Nīlaka??ha Caturdhara wrote several works criticising the Vedāntic theology of the sixteenth century author, Appayya Dīk?ita. In one of these works, the Vedāntakataka, Nīlaka??ha picks out two doctrines for criticism: that the liberated soul becomes the Lord (ī?varabhāvāpatti), and that souls thus liberated remain the Lord until all other souls are liberated (sarvamukti). These doctrines appear both in Appayya’s Advaitin and in his ?ivādvaitin writings. They appear to be ones to which Appayya was committed. They raise theological and conceptual problems, however, both in themselves as doctrines, and as part of nondual Vedāntic teaching. A study of the Vedāntakataka reveals those features of Appayya’s Vedānta that Advaitins in Banaras in the century after his life considered to be anomalous, and illuminates aspects of the context in which his ideas developed and circulated.     

Is <Emphasis Type="Italic">Viveka</Emphasis> a Unique <Emphasis Type="Italic">Pramāṇa</Emphasis> in the <Emphasis Type="Italic">Vivekacūḍāmaṇi</Emphasis>?

This is an enquiry based on the Vivekacū?āma?i (VC), the primary focus of which is to present viveka (discrimination) along with its three catalysts, namely, ?ruti, tarka, and anubhava as the unique pramā?a of Ultimate Knowledge. This paper discusses the significance of the six popular pramā?as of Advaita Vedānta (AV) and reiterates that as far as AV is concerned epistemologically those pramā?as have merely a provisional value (vyāvahārika). In accordance with the purport of VC this paper argues that ?ruti and tarka, culminating in anubhava (trans-empirical insight sans experience) are blind in themselves and are enthusiastically carried forward by viveka (discrimination) for the attainment of the final realisation. This paper concludes that viveka, along with its three catalysts namely, ?ruti, tarka, and anubhava is the sole pramā?a of the trans-empirical experiential knowledge of Brahman.     

Is It the What or the How? The Roles of High‐Policing Tactics and Procedural Justice in Predicting Perceptions of Hostile Treatment: The Case of Security Checks at Ben‐Gurion Airport,Israel

What affects perceptions of hostile treatment by police, characterized by feelings such as humiliation and intimidation? Is it what the police do to the citizen, or is it about how they do it? The important effects of procedural justice are well documented in the policing literature. Yet, it is not clear how high‐policing tactics, coupled with procedural justice, affect one's sense of hostile treatment: is it the case that what the police do does not matter as long as they follow the principles of procedural justice, or do some invasive or unpleasant tactics produce negative emotions regardless of the amount of procedural justice displayed by the officer? In the present study we examine this question in the context of security checks at Ben‐Gurion Airport, Israel. Using a survey of 1,970 passengers, we find that the behavioral elements of procedural justice are an important antidote, mitigating the negative effects of four “extra” screening measures on the perceived hostility of the checks. At the same time, two security measures retain an independent and significant effect. We discuss the implications of our findings and hypothesize about the characteristics of policing practices that are less sensitive to procedural justice.     

Exploring the Effect of Exposure to Short-Term Solitary Confinement Among Violent Prison Inmates

Objectives

This study tracked the behavior of male inmates housed in the general inmate populations of 70 different prison units from a large southern state. Each of the inmates studied engaged in violent misconduct at least once during the first 2 years of incarceration (n = 3,808). The goal of the study was to isolate the effect of exposure to short-term solitary confinement (SC) as a punishment for their initial act of violent behavior on the occurrence and timing of subsequent misconduct.

Methods

This study relied upon archival longitudinal data and employed a multilevel counterfactual research design (propensity score matching) that involved tests for group differences, event history analyses, and trajectory analyses.

Results

The results suggest that exposure to short-term solitary confinement as a punishment for an initial violence does not appear to play a role in increasing or decreasing the probability, timing, or development future misconduct for this particular group on inmates.

Conclusions

Upon validation, these findings call for continued research and perhaps a dialog regarding the utility of solitary confinement policies under certain contexts. This unique study sets the stage for further research to more fully understand how solitary impacts post-exposure behavior.