Harmonization of Environmental Regulations When Firms are Judgment Proof

In an environmental setting, we examine different forms of harmonization based on either strict liability or negligence assuming the firm is judgment proof. When there is competition in standard setting then negligence dominates strict liability if there is upward pressure on standards. This upward pressure on standards arises as jurisdictions attempt to raise negligence standards. The desire to raise standards is affected by the degree of judgment proofness.     

Effects of CBRN Decontaminants in Common use by First Responders on the Recovery of Latent Fingerprints—Assessment of the Loss of Ridge Detail on Glass

Following a CBRN incident, first responders use decontamination procedures to reduce the risk of exposure. The effect of decontamination on forensic trace material has, however, not been fully examined. This study sought to evaluate the effect of five different physical or chemical decontamination materials on the recovery of latent fingerprints. Fingerprints were deposited on glass slides, decontaminated, and assessed on the presence of ridge detail. The results demonstrate that decontamination affects the quality of latent fingerprints substantially. On at least 61% of the fingerprints, a reduced amount of ridge detail was observed upon decontamination. Furthermore, development with cyanoacrylate appeared not to succeed anymore. Instead, the ability of vacuum metal deposition to successfully develop decontaminated fingerprints is demonstrated. The results from this study may contribute to an increased forensic awareness regarding decontamination and emphasize the necessity for further research into new item decontamination procedures or new forensic initiatives prior to decontamination.     

Rational Misbehavior? Evaluating an Integrated Dual-Process Model of Criminal Decision Making

Objectives

Test the hypothesis that dispositional self-control and morality relate to criminal decision making via different mental processing modes, a ‘hot’ affective mode and a ‘cool’ cognitive one.

Methods

Structural equation modeling in two studies under separate samples of undergraduate students using scenarios describing two different types of crime, illegal downloading and insurance fraud. Both self-control and morality are operationalized through the HEXACO model of personality (Lee and Ashton in Multivariate Behav Res 39(2):329–358, 2004).

Results

In Study 1, negative state affect, i.e., feelings of fear and worry evoked by a criminal prospect, and perceived risk of sanction were found to mediate the relations between both dispositions and criminal choice. In Study 2, processing mode was manipulated by having participants rely on either their thinking or on their feelings prior to deciding on whether or not to make a criminal choice. Activating a cognitive mode strengthened the relation between perceived risk and criminal choice, whereas activating an affective mode strengthened the relation between negative affect and criminal choice.

Conclusion

In conjunction, these results extend research that links stable individual dispositions to proximal states that operate in the moment of decision making. The results also add to dispositional perspectives of crime by using a structure of personality that incorporates both self-control and morality. Contributions to the proximal, state, perspectives reside in the use of a new hot/cool perspective of criminal decision making that extends rational choice frameworks.     

Childhood Maltreatment Experiences and Child Abuse Potential: Temperamental Sensitivity as Moderator?

This study aimed to examine the relationship between negative experiences in childhood (physical-, sexual-, and emotional abuse and emotional neglect) and the risk for an individual to become a perpetrator of child maltreatment in adulthood. Participants were 337 female college students who completed self-report measures of childhood trauma and temperament. Risk for child abuse was assessed with the Child Abuse Potential Inventory. Results showed experiences of emotional neglect significantly predicted higher child abuse potential. Additionally it was shown that experiences of physical abuse significantly predicted higher child abuse potential but only in those individuals with high temperamental orienting sensitivity. These results underline the potentially damaging long-term effects of emotional neglect in childhood and indicate temperamental sensitivity may moderate the relationship between being abused as a child and being at risk for maltreating one’s own offspring.     

Working women in France,nineteenth and twentieth centuries. Where,when, and which women were in work at marriage?

We look at women's labour force participation for the whole of France in the nineteenth and twentieth centuries. We study to what extent young women were working at the time of their marriage, in which occupations, and how differences in labour force participation might be explained. Using a sample of 53,451 marriage records from the TRA project, we identify regional and temporal differences in rates of female labour force participation and in types of work in France between 1860 and 1986.We observe rather stable levels of female labour force participation between 1860 and 1950 of about 60 per cent, but higher levels in the second half of the twentieth century. Over time, women started to work across virtually all occupational sectors. Regional differences declined over time but continued to exist in the late twentieth century. We formulate a set of hypotheses to explain which women worked, taking into account their resources, as well as their expectations, in a male-breadwinner-dominated society. The results of our hierarchical logistic analysis indicate that women with fewer parental resources were more likely to work.     

THE LEGITIMACY OF RACE AS VARIABLE IN THE DELIBERATIONS OF INSTITUTIONAL REVIEW BOARDS

This paper investigates the issue of race as a variable in research ethics and the extent to which it is morally appropriate to regard the race of research subjects as a relevant factor for research outcomes. The author analyses the challenges posed to deliberation in Institutional Review Boards （IRB ＇s） on this matter. The first part of the paper consists of a conceptual analysis of the notion of deliberation, drawing on the work of Elster, Habermas, Rawls, Gambetta and others. Special attention is paid to the dialogical structure of deliberation and the complexities attached to the notion of race, as a social construct. Arguments in favour and against the proposal that race is a valid variable in biomedical research are systematically distinguished. The author comes to the conclusion, based on an extensive literature review, that race sometimes has to be taken into consideration, subject to clearly stated qualifications. In conclusion it is argued that deliberation, especially about such a controversial notion such as race should not be expected to yield definitive truths. The most we can expect is a series of （hopefully） progressive settlements that represent provisional beacons of insight on which we can draw in future conversations. Race represents a field of tension and contestation that will inevitably continue to permeate interpersonal contact and social relations for the foreseeable future.     

The communicative constitution of representation and exclusion

In the light of current debate on representation, specifically engaging with literature showing how representation is communicatively constituted, this paper empirically shows how exclusion also can be seen as communicatively constituted. The interpretive approach toward communication employed in this study presents new insights on how, for citizens, government communicates its responsiveness, and how citizens' interpretations that arise from these communications make sense. Dutch citizens who evaluate government responsiveness as low were interviewed to explore their views. The respondents evaluate government responsiveness on the basis of a set of engagements with government. These engagements are conceptualized in terms of four types of encounter – forms in which government manifests itself to citizens. By ‘thinking with’ these encounters, citizens relegate institutions and processes of representative democracy to the margins of political reality. Situating citizens outside of democratic politics, these interpretations imply the experience of exclusion, despite apparently functioning democratic institutions and processes.     

环境赔偿法——以荷兰为例的社会法学分析

本文对环境民事责任立法进行分析,以图有益于是否需要以及如何进行环境责任立法的讨论.主要分成两大部分.首先运用比较法分析,介绍荷兰的环境民事责任成文法与相关判例法,①包括实体法和程序法两个方面,希望能为中国的立法提供一些值得借鉴的有效途径.然后,主要采用社会法学观点进行分析,讨论荷兰判例法的相关规范移植到中国的可能性和效果,并从公平正义、法律意识等角度,对中国的新立法做出预测.社会法学的分析是本文的重点,强调判例法对于环境责任立法的重要性.在环境法这样一个复杂领域,法律规范应当来自于现实而非抽象的原则性规定.通过对一些已经被欧洲各国承认的判例的介绍,论证法学与社会经济学相结合的分析方法对于立法的重要意义.环境民事立法应当具有环境个体保护的立法价值,还必须体现公平正义积极有利于法律意识的提高.同时,要配之以相当的执行力度,这主要有赖于法律有关规定和诉讼成本以及胜诉率等因素     

Eerste Afrikaanse leesbaarheidsformules

SUMMARY

Two readability formulas for use as instruments to measure the readability of written messages in Afrikaans have been compiled. Two different approaches were made, resulting in the LV and LC formulas. Both formulas are based on average percentages obtained in tests which were conducted with 1200 randomly selected high school pupils. In the case of the LV formula the average percentages were obtained by means of a multiple choice test while in the case of the LC Formula a Cloze test was used. In order to construct the formulas with these test results the frequency of appearance of 16 variables which presumably have a bearing on readability was established in 30 passages.

The two formulas are not satisfactory in every respect but they can be of use if employed with circumspection. The study which is the first of its kind in Afrikaans, provides a starting point for further research into the measurement of readability of the written word in that language.