Proof of causation in informed consent cases: establishing what the plaintiff would have done

A degree of judicial caution in accepting the assertion of a plaintiff as to what he or she would have done, if fully informed of risks, is clearly evident upon a review of decisions applying the common law. Civil liability legislation in some jurisdictions now precludes assertion evidence by a plaintiff. Although this legislative change was seen as creating a significant challenge for plaintiffs seeking to discharge the onus of proof of establishing causation in such cases, recent decisions suggest a more limited practical effect. While a plaintiff's ex post facto assertions as to what he or she would have done if fully informed of risks may now be inadmissible, objective and subjective evidence as to the surrounding facts and circumstances, in particular the plaintiff's prior attitudes and conduct, and the assertion evidence of others remains admissible. Given the court's reliance on both objective and subjective evidence, statistical evidence may be of increasing importance.     

The Crisis of Over-Accumulation in Japan

Abstract

Japan has now been mired in economic stagnation, punctuated by recurrent recessions, for the past two decades. What are the causes of this longstanding malaise? Is it merely the natural consequence of financial retrenchment and the onset of a pervasive “liquidity trap” after the collapse of the “bubble” economy in the early 1990s, or does the present slump signify a more profound historical phase of structural decline? The aim of this study is to provide several tentative hypotheses. In the first section, some of the possible causes of this phase of prolonged stagnation will be examined. The next section provides a theoretical treatment of the dynamics of debt-deflation from a Minsky-Fisher perspective. The final section evaluates whether the historical evidence lends credence to the debt-deflation thesis.     

Children's testimony: Research findings and policy implications

Abstract

Traditionally the British legal system has taken a sceptical attitude toward the testimony of children, reflected in the competency requirement, the corroboration rule and the judicial caution. However, recent psychological research has suggested that children, properly interviewed, can provide invaluable testimony in securing convictions in cases of sexual or physical abuse. Research suggests that children's spontaneous accounts of events are generally accurate, and that suggestibility can be greatly reduced by appropriate questioning techniques. Partly as a result of such research, the legal hurdles surrounding children's evidence have been dismantled and procedural innovations, such as the use of the Videolink and videotaped interviews introduced. Empirical research demonstrates the success of the Videolink and a similar evaluation is planned for videotaped interviews. The latter has highlighted the need for a new research agenda which would include the impact of biased or repeated questioning, and requests to children from abusers to lie or keep secrets.     

Victim age,attractiveness and,abuse history as factors in the perception of a hypothetical child sexual abuse case

Abstract

This study examines the effect of victim age, victim attractiveness, the victim's abuse history and respondent gender have on attributions of blame and credibility towards a female victim in a hypothetical child sexual abuse case. A total of 397 respondents from a community sample read a hypothetical child sexual abuse (CSA) scenario in which victim age, victim attractiveness and the victim's abuse history were manipulated. Respondents then completed a 16-item blame attribution questionnaire. Several predictions were made. First, a 10-year-old victim would be deemed less blameworthy and more credible than a 15-year-old victim. Secondly, an attractive victim would be viewed more positively, and attributed less blame, than an unattractive victim. Thirdly, a victim with previous history of being sexual abused—either by the same or different perpetrators—would be deemed more culpable for their own CSA than a first time victims. Finally, female respondents were expected to take a more pro-victim and anti-perpetrator stance than males. Whilst comparatively few differences were found across victim attractiveness and abuse history. Overall findings were broadly in line with predictions. It was concluded that victim age and respondent gender play particularly important roles in the attribution of blame towards victims and perpetrators of child sexual abuse.     

Working on the Ground. A Collective Biography of Feminine Subjectivities: Mapping the Traces of Power and Knowledge

In this paper we map the traces of power and knowledge as we read them at play in our own memories and as we make sense of them from a Foucauldian perspective. Our question here is twofold: how might we use Foucault to read our embodied memories of power and knowledge; and how might we use the analysis of those stories to enable us better to see the implications of Foucault's writing for the analysis of subjects' enmeshment in power/knowledge relations? We use as the ground of our analysis our own embodied memories of achieving ourselves as appropriate(d) subjects (as girls and women, in relation to men--fathers, lovers, and husbands). Our trajectory in this paper is double. First, it has been towards uncovering the ways in which girls and women might be said to be powerful, even when they are complicit in their own subjection. Second, it has been to show that when Foucault defines all acts of power to involve the possibility of resistance and freedom, and he takes the opposite, a state of domination, to arise from 'economic, political, or military means', he has not fully acknowledged the extent to which the repeated, minute accretions of everyday practices can generate sedimentations of lines of force that may also be understood as a state of domination.     

Nano‐Industry Operationalizations of “Responsibility”: Charting Diversity in the Enactment of Responsibility

The Collingridge dilemma—the problem of reacting to emerging technology either “too early” or “too late”—is one that is readily recognized by developers and promoters of nanotechnologies. One response can be found in the rise of a discourse of “responsible development” in the science and innovation policy landscape. While a number of commentators have discussed the potential of such initiatives, it remains unclear how responsible development is actually being configured “on the ground,” in private sector nanotechnology. This paper addresses this question by analyzing empirical engagements in Europe and the United States in order to map industry operationalizations of “responsibility” in these contexts. We show that a number of different articulations of “responsibility” are present, including as a response to public lack of trust and perceived public pressure, and as the management of risk. We close by relating these findings to the theoretical literature on responsibility, other contemporary accounts of the ways in which responsible development can be operationalized, and the possibilities that these articulations of responsibility may open up.     

THE SOCIETY'S 2006 TOUR OF WESTERN MONGOLIA (28 JULY–14 AUGUST)

This article, accompanied by colour photos, records the author's recent archaeological expedition in the Taklamakan Desert. His advance northwards along the now mostly sand-covered beds of the Keriya River proved to be a march backward through time, from the Iron Age city of Jumbulakum to the early Bronze Age necropolis of Ayala Mazar. The artifacts he found are contemporary with, and similar to Chinese discoveries at Xiaohe. This proves that Xiaohe was not an isolated case and provides evidence for a whole culture based on some sort of fertility cult. The remains also suggest that some, at least, of the peoples concerned had Indo-European affiliations.     

The Irish election of November 1982

Changes in centre‐periphery relations, both institutional (most notably decentralisation) and socio‐economic (the growing importance of cities) have radically altered the environment in which French political parties operate. The unprecedentedly close links between parties and the local political system that have resulted have profoundly affected power structures within the parties. Just as the Fifth Republic ‘presidentialised’ parties, so decentralisation has ‘localised’ them. The case of the Rassemblement pour la République, the inheritor to the top‐down, presidentialist tradition of Gaullism, is a remarkable illustration of this transformation.