Operationalizing Social Capital: A Strategy to Enhance Communities'"Capacity to Concert"

This article addresses a concern increasingly being voiced in the donor establishment: fifty years of development assistance programs have failed to produce conclusive evidence that they can foster sustainable economic and social development in poor countries. The nature of donor programs is such that it emphasizes economic remedies and orients aid to finite projects. Yet recent evidence suggests that sustained development may be more a continued civic process whereby communities form their capacity to come to their own understandings about public ways of behaving and relating, whereby they develop their capacity to concert . This translates into a practical capability to pinpoint underlying problems, assess alternative approaches, and devise solutions most likely to be sustained. This micro capability may also have important macroeconomic implications in terms of institutional predictability and—through it—in terms of scale economies, transaction costs, transparency, incentive to innovate, and climate to implement public policies. The article suggests an alternative approach to development assistance and offers concrete recommendations to donors.     

Similar Facts in Civil Cases

This essay evaluates the recent restatement in O’Brienv Chief Constable of South Wales Police of the law on similarfacts in civil proceedings. The two-stage approach propoundedin O’Brien contains a number of conceptual problems. Apparentsimplicity was achieved by avoiding fundamental issues underlyingthis area. Prior to the Criminal Justice Act 2003, judges recognizedthat the common law similar facts rule had a role to play inboth civil and criminal trials; but they gave the rule a widerexclusionary scope in criminal than in civil cases. Adoptionof a moral perspective helps to explain this state of affairs.The rule, so it will be argued, protects the legitimacy of trialdeliberation by forbidding reliance on an assumption that disrespectsthe moral autonomy of the person whose conduct is being judged.This moral objection can arise in civil cases; but it arisesmore frequently and usually with greater force in criminal proceedings.Hence, while there is a need to reserve some judicial powerto disallow proof of similar incidents in the civil context,there is usually less reason for the exercise of that powerin civil cases than at criminal trials.     

Descriptive Study of Precursors to Sex Offending among 813 Boys and Girls: Antecedent Life Experiences

In order to understand the precursors to sexual offending among youth and the associated gender differences, the records of 813 sexually abusive children (659 boys and 154 girls) referred for an evaluation of their sexually inappropriate and coercive behavior were reviewed and coded. These children ranged in age from 3 to 18 when they committed their first hands-on offenses. All were under the care of the Massachusetts Department of Social Services either prior to or as a result of their behavior. Principle findings included: (1) a high proportion of girls (19 percent) in a sample of children flagged as sexually abusive to other children, (2) an exceptionally high base rate of severe maltreatment and associated clinical and psychiatric sequelae, and (3) girls were significantly more likely to be sexually abused, and when sexually abused the abuse lasted longer, was more severe, and involved more perpetrators. In addition, the girls were significantly more likely to witness domestic violence and to witness sexual deviance within the home. For all other types of abuse, there were no group differences, and (4) all of the children were subjected to a very high level of caregiver instability.     

Incidence of cannabinoids in medical examiner urine specimens

Cannabinoid use was studied in a nonspecific population of postmortem urine specimens in the State of Maryland. Of 500 sequential specimens screened for cannabinoids by enzyme multiplied immunoassay EMIT, 63 (13%) were initially positive and 58 (12%) were confirmed positive (92%). It was observed that geographic location and race did not correlate with cannabinoid prevalence. Cannabinoid use was observed to be strongly age related, with peak use by the 21- to 25-year-old age group where 22% of the cases were positive. Use of cannabinoids was also closely linked to homicides, which represented nearly half of the positive cases but only 13% of the total cases. When comparing manner of death, the greatest percent of confirmed positives was seen in homicide (26%) and drug-related (17%) deaths. The incidence of cannabinoid use was found to be more than 3 times as great in drug-related (17%) as compared to natural deaths (5%). The percent of cannabinoid-positive cases from vehicle-related accidents was low (6%) and that from nonvehicle-related accidents somewhat higher (10%). Other drugs appeared in cannabinoid-positive cases. Most prevalent was ethanol N = 18, followed by morphine (from heroin, N = 11), quinine N = 11, and cocaine N = 11. Phencyclidine (PCP) occurred twice and several other drugs were reported only once. Of the 25 homicide cases screened for drugs, 64% were positive for some drug including ethyl alcohol. Thus it appears that a high percentage of homicide cases are drug related. Males greatly outnumbered females (56:2) in positive cases, but the number of female specimens received was small.     

On universal relevance in legal reasoning

The purpose of this essay is to defend a claim that a certain consideration, which I call unworkability, is universally and necessarily relevant to legal reasoning. By that I mean that it is a consideration that must carry legal weight in the justification of some judicial decisions in every legal system in which (1) all disputed matters of law can be adjudicated, and (2) all judicial decisions are to be legally justified. Unworkability's necessary relevance has important implications for a theory of relevance presented by Rolf Sartorius. On this theory, nearly all considerations that are relevant to a judicial decision are supplied by legal principles embedded in the legal rules and decisions, or by extralegal principles dependent, in some way, on the legal principles. (The exceptions to the embedding thesis that Sartorius would, no doubt, recognize are elaborated in the text but can be set aside here.) But there are possible legal systems which do not contain an embedded legal principle concerning unworkability; and nonetheless, unworkability is relevant to judicial reasoning in those systems. Hence, a theory of relevance that relies on principles embedded in the content of rules is too simplistic. Some substantive considerations are relevant for other reasons.