Diminished Lives and Malpractice: Courts Stalled in Transition

Medicine is still largely a pre-Darwin, pre-Newton enterprise…. We do not yet understand the underlying mechanisms of the major illnesses which plague humanity, and therefore much of what is done in the treatment of illness must still be empirical, trial and error therapy. We are compelled by our limitations to resort to shoring things up, applying halfway technology, trying to fix things after the fact.¹     

Understanding judicial discretion

The main aim of this paper is to clarify the dispute over judicial discretion by distinguishing the different senses in which claims about judicial discretion can be understood and by examining the arguments for these various interpretations. Three different levels of dispute need to be recognized. The first concerns whether judges actually do exercise discretion, the second involves whether judges are entitled to exercise discretion, and the third is about the proper institutional role of judges. In this context, the views of Dworkin, Raz, Perry, Greenawalt, and Sartorius are examined. Finally, it is suggested that a resolution of the judicial discretion controversy requires a satisfactory theory of the justification of judicial decisions.     

Children's participation in household labor: Child socialization versus the need for household labor

Despite the scarcity of studies of children's participation in housework, it has been established that children contribute a significant amount of total household labor. However, research on why some children contribute more than others has yielded ambiguous results. Using data from the National Survey of Families and Households(J. A. Sweet, L. Bumpus, and V. Call [1988], working paper NSFH-1, Center for Demography and Ecology, University of Wisconsin, Madison), this study tests two competing theories of children's labor participation. The first, dealing with child socialization,proposes that parents assign household chores to children as a socializing experience (e.g., to promote responsibility). The second posits that children are used as a labor source whenever structural constraints prevent adults from performing the necessary chores, and alter the demand for household labor.The results indicate that children average 7 hours of housework per week, representing 12% of all household labor. Both theories receive support, yet the pragmatic aspects of households (e.g., adult labor force participation) receive greater confirmation.Research interests include the sex-based division of household labor, power relations in the home, female depression, and parent-child relationships.