Who's flying the plane: serotonin levels, aggression and free will

The present paper addresses the philosophical problem raised by current causal neurochemical models of impulsive violence and aggression: to what extent can we hold violent criminal offenders responsible for their conduct if that conduct is the result of deterministic biochemical processes in the brain. This question is currently receiving a great deal of attention among neuroscientists, legal scholars and philosophers. We examine our current knowledge of neuroscience to assess the possible roles of deterministic factors which induce impulsive aggression, and the extent to which this behavior can be controlled by neural conditioning mechanisms. Neural conditioning mechanisms, we suggest, may underlie what we consider the basis of responsible (though not necessarily moral) behavior: the capacity to give and take reasons. The models we first examine are based in part upon the role played by the neurotransmitter, serotonin, in the regulation of violence and aggression. Collectively, these results would appear to argue in favor of the view that low brain serotonin levels induce impulsive aggression which overrides mechanisms related to rational decision making processes. We next present an account of responsibility as based on the capacity to exercise a certain kind of reason-responsive control over one's conduct. The problem with such accounts of responsibility, however, is that they fail to specify a neurobiological realization of such mechanisms of control. We present a neurobiological, and weakly determinist, framework for understanding how persons can exercise guidance control over their conduct. This framework is based upon classical conditioning of neurons in the prefrontal cortex that allow for a decision making mechanism that provides for prefrontal cortical control of the sites in the brain which express aggressive behavior that include the hypothalamus and midbrain periaqueductal gray. The authors support the view that, in many circumstances, neural conditioning mechanisms provide the basis for the control of human aggression in spite of the presence of brain serotonin levels that might otherwise favor the expression of impulsive aggressive behavior. Indeed if those neural conditioning mechanisms underlie the human capacity to exercise control, they may be the neural realization of reason-responsiveness generally.     

In courtroom 7--the Children's Koori Court at work: findings from an evaluation

This article reports some of the findings of an evaluation of the Children's Koori Court (CKC)--the first legislated effort in Australia to involve the Indigenous community in the sentencing of young Aboriginal offenders as a strategy for reducing their overrepresentation in the juvenile justice system. A prominent feature of this court of summary jurisdiction is that the presiding magistrate, while remaining the sentencing authority, is assisted by Aboriginal Elders. This article focuses on the evaluation findings that were derived from observations of the CKC in action. They indicate that the operational objective of cultural responsiveness was realized. They also point to realization of the community-building goal-fostering Indigenous ownership of the administration of the law. Little slippage was found between the CKC's design and operation, although some areas of improvement were identified. Nevertheless, the scope for the CKC by itself to significantly reduce overrepresentation is limited.     

Achieving justice for children: public defenders in Israel's juvenile courts

In 1999, public defender (PD) representation of defendants appearing before Israel's juvenile courts began to be phased in. This article reports some of the major findings of a study that examined the impacts of the introduction of PDs. Analysis of interviews with 14 PDs yielded four major themes concerning the impact of the "arrival" of PDs, nature of the court, PDs' role, and PDs' interactions with other court actors. Analysis of interviews with eight prosecutors yielded seven themes concerning the need for PDs, PD as state agent, PDs' role, harms of legalization, disruption of the court, compromising the therapeutic value of the court hearing, and changes in court process. More generally, both PDs and prosecutors placed uncritical store in the value of rehabilitation alternatives. Indeed, the welfare model continues to shape their roles. The findings can largely be explained in terms of Eisenstein and Jacob's courtroom workgroup model.     

Investigating the relationship between justice‐vengeance motivations and punitive sentencing recommendations

Purpose. The present research investigated the relationship between underlying justice and vengeance motivations and sentencing recommendations made by expert clinicians, semi‐experts, and lay‐people. It was hypothesized that the semi‐experts would recommend significantly different sentence lengths from those recommended by the expert and lay‐person groups, in line with previous research findings. It was also hypothesized that justice and vengeance motivations would be related to punitive sentencing recommendations, and that these would not be the same across the three levels of expertise. Method. An independent groups design was utilized in the main analysis, with participants belonging to three distinct levels of clinical experience (experts, semi‐experts, and lay‐people). A questionnaire was administered, with participants being measured on levels of justice and vengeance motivations, and asked to recommend appropriate sentence lengths based on nine separate crime‐scenarios. These covariables were correlated and the correlation coefficients were compared across the three levels of expertise. Results. The former hypothesis was not upheld. Findings do, however, support the latter hypothesis, with the key finding indicating that for both justice and vengeance motivations in punitive judgement, it is the lay‐participants who appear distinct from the experts and semi‐experts. Conclusions. The current findings emphasize that while expert and lay‐person judgements may often appear to be the same, different processes and motivations underlying clinical judgements are occurring at the different stages of expertise. With the differences in the relationships between justice and vengeance motivations and judgements found in the current research, it is argued that expert and lay judgements that appear to be the same are, in fact, distinguishable and are related to quite different underlying motivations and decision‐making processes.     

Abstracts of papers given at the 25th annual conference of the Scottish legal history group

Modern Legal History. A. H. Manchester. London. 1980. Butterworths. xxv and 419 pp (incl. Index). £14.50 cased, £9.75 limp.

Introduction historique au droit. John Gilissen. Brussels. 1979. Emile Bruylant. 756 pp. 2200 Bfr. (2075 Bfr. abroad).

Legal Evolution: The Story of an Idea. Peter Stein. Cambridge. 1980. Cambridge University Press. xi and 131 pp (incl. Index). £15.00 cased.

Judecata Domneasca în Tara Româneasca ?i Moldova (1611–1831) (Princely Justice in Wallachia and Moldavia, 1611–1831) Part I. Judicial Organisation, 1611–1740 by V. A. Georgescu and P. Strihan. Editura Academiei Republicii Socialiste România, Bucharest, 1979, 218 pp. Lei 17.

Bizantul ?i Institutiile Române?ti pîna la Mijlocul Secolului al XVIII lea (Byzantium and Romanian Institutions until the mid‐18th century) by V. A. Georgescu. Editura Academiei Republicii Socialiste Romania, Bucharest, 1979, 296 pp. Lei 22.50.

TUC: The Growth of a Pressure Group 1868–1976. Ross M. Martin. Oxford. 1980. Clarendon Press. xiii and 394 pp (incl. Index). £14.00 cased.     

International bounty hunting: From problem to opportunity

Scholars have traditionally argued that Islamist terrorist groups tend to commit higher casualty attacks. Noting that casualty rates of attacks vary widely across Islamist terrorist groups, this study advances an alternative hypothesis that group organizational features and goal structures better explain differing casualty rates than does the overarching ideological type. Using both cross-national analysis and a case study of post-invasion Iraq, I demonstrate that there are two basic types of Islamist terrorist groups whose organizational and goal-structure features explain divergent casualty rates: “strategic groups” that function similarly to secular national-liberation and regime-change movements and “abstract/universal groups” that are affiliated with the global al-Qaeda network.     

Modernisation,Managerialism and the Culture Wars: Reshaping the Local Welfare State in England

The story of local government over the last few decades is often summarised in the assertion that there has been a move away from institutional authority embodied in the structures of councils towards more complex networks of local governance, incorporating a range of stakeholders and other agencies, alongside a shift of power from local to central government. But local government has been at the centre of wider processes of restructuring - of attempts to modernise the welfare state, and specifically the local welfare state. Underpinning the changes that have faced local government (and created new forms of governance) has been a series of assumptions about welfare and how it is best delivered. These combine notions of community, neighbourhood, personal responsibility, workfare and partnership with a distrust of 'bureaucracy' and professional power. It is in this context that the 'modernisation' agenda - promising cultural change - has been driven forward, paradoxically combining a rhetoric of decentralisation and empowerment with an increasingly direct involvement by the institutions of central government and a range of other state agencies in the practice of 'local' governance. The emergent arrangements are increasingly characterised by forms of self-regulation as well as more differentiated management from above.     

Maritime tensions in the South China Sea and the neighborhood: Some solutions

The Spratlys are a collection of islands which represent a nexus in the maritime interests of the South China Sea littoral states, and are symptomatic of a much wider and more complex range of maritime problems facing Asia, and Southeast Asia in particular. The diplomatic resolution of the dispute raised by these problems is important to the continuing stability of the region.