Legal Certainty and Correctness

What is the relation between legal certainty and correctness? This question poses one of the perpetual problems of the theory and practice of law—and for this reason: The answer turns on the main question in legal philosophy, the question of the concept and the nature of law. Thus, in an initial step, I will briefly look at the concept and the nature of law. In a second step, I will attempt to explain what the concept and the nature of law, thus understood, imply for the relation between legal certainty and correctness. Here three issues will be considered: first, the Radbruch formula as an answer to the problem of extreme injustice; second, the special case thesis, which claims that legal argumentation is a special case of general practical argumentation; and, third, the problem of the judicial development of the law.     

The relationship between the quantity of alcohol consumed and the severity of sexual assaults committed by college men

Researchers have suggested that intoxicated perpetrators may act more violently than other perpetrators, although empirical findings have been mixed. Past research has focused on whether or not alcohol was consumed, rather than the quantity consumed, and this may explain these inconsistent findings. The authors hypothesized that the quantity of alcohol consumed would have a curvilinear relationship to the severity of the assault. Data were collected from 113 college men who reported that they had committed a sexual assault since the age of 14. The quantity of alcohol that perpetrators consumed during the assault was linearly related to how much aggression they used and was curvilinearly related to the type of sexual assault committed. The quantity of alcohol that victims consumed during the assault was linearly related to the type of sexual assault committed. Strategies for improving assessment of alcohol consumption in sexual assault research are discussed.     

Can Developmental Changes in Inhibition and Peer Relationships Explain Why Depressive Symptoms Increase in Early Adolescence?

Why do depressive symptoms increase during adolescence? Because inhibition and poor peer relationships predict adolescents’ depressive symptoms concurrently, we hypothesized that adolescents who cope with the stresses of this period by becoming increasingly inhibited may experience increasing depressive symptoms both directly and due to increased difficulty with peers. Longitudinal data from 904 participants, (52% female; 87% Caucasian, 5% Hispanic, 4% African-American, 4.6% other) from the NICHD Study of Early Child Care were examined when youth were in sixth and ninth grades. Path analyses revealed a direct effect of inhibition: Youth who became more inhibited reported increasing depressive symptoms. Indirect effects showed that they also experienced declines in friendship quality and popularity, which in turn led to increases in depressive symptoms. Findings suggest that increasing inhibition as an adaptation to the stresses of adolescence, and particularly its impact on popularity, is a risk factor for increases in depressive symptoms.     

Back for the future: a client centred analysis of social welfare and family law provision

The landscape of legal advice provision is entering a period of significant change in England and Wales. Whilst there is a great deal of uncertainty about how the future landscape of advice service provision will evolve, there are lessons to be drawn from past delivery models.

This article first looks back at the period following the Access to Justice Act 1999, setting out a range of delivery models initiated following the Act, as well as research and evaluation conducted in the millennium decade. Findings are then presented from a comprehensive qualitative study on how people experience and deal with social welfare and family problems, and on facilitators and barriers to integrated advice provision, including inter-organisational working. This is explored through the lens of a delivery model which emphasised partnership and the pooling of resources and specialisms to meet client needs: the Community Legal Advice Centre model.     

Faith-based efforts to improve prisoner reentry: Assessing the logic and evidence

Prisoner reentry constitutes one of the central criminal justice challenges confronting U.S. society. Coinciding with this emerging social problem has been increased policymaker interest in faith-based programs to improve outcomes for vulnerable populations, including released prisoners. Critical questions about the nature and effects of faith-based reentry programs remain largely unaddressed, however: (1) What is a “faith-based” program? (2) How does or could such a program reduce recidivism and improve other behavioral outcomes among released offenders? (3) What is the evidence concerning the impacts of faith-based reentry programs? (4) What are critical implementation issues that may affect the operations and impacts of such programs? This article examines each of these questions and identifies critical conceptual, theoretical, and research gaps in the literature. It highlights that the term “faith-based” is used inconsistently, that the precise causal relationship, if any, between various measures of faith and crime remains in question, and that few rigorous evaluations of faith-based reentry programs exist. It then discusses recommendations for improving knowledge and practice.     

On Balancing and Subsumption. A Structural Comparison

The formal structure of subsumption may be represented in a deductive scheme, which one might call the "Subsumption Formula." The author argues that there is an analogous scheme for the formal structure of balancing or weighing, which he terms the "Weight Formula." In short, subsumption and balancing have comparable schemata, through which the formal structure of a set of premisses, which warrant the inference to a legal result, can be identified. The relation in the two cases between these premisses and the ensuing legal result is, however, different. The Subsumption Formula is represented by a scheme that works according to the rules of logic, the Weight Formula, by a scheme that works according to the rules of arithmetic. In spite of this difference, the two formulae are alike in that judgments, in both cases, remain the basis of the argument.     

Market segmentation in child adoption

The system for the adoption of children is not working well. The dysfunction of the adoption system manifests itself in an excess demand for healthy white babies and excess supply of older children, minority children, or those with disabilities. A market solution can increase the number of adoptions for older children, minority children or children with disabilities. Recognizing the heterogeneity of children and taking account of those differences will yield price differentiation in segmented markets. Such differentiation is especially important in the market for adopted children where the lifetime consequences of a poor match can be severe; more information about child attributes can only improve child-adopter matches. Revenues from the sale of adoption rights for highly demanded children could subsidize the adoption of the less desired children. The time to adoption will decrease and more of the less desired children will be adopted; the sum of consumer (adoptive parents) plus producer (biological mothers or the adoption agencies) surplus will rise and eliminate sub rosa markets for the more desired children.