Enkele gedagtes oor die rol van teorie in die wetenskapsbeoefening

SUMMARY

The social significance of television and film as the most powerful means of mass communication in Western civilisation today cannot be underrated. The mass media, and television and film in particular, are not merely neutral carriers of messages. They confer power, legitimate systems and provide ways of looking at the world. They supply the context in which information is learned, attitudes and values formed and decisions made, thereby fulfilling the functions previously filled by the medieval church.

The general functions of the mass media, and television and film in particular, are entertainment, the provision of information and education, socialization and the handing down, or propogation of culture. However, these can be suggested to be merely surface functions and effects of the media's deeper power. There is a hidden role which transcends all surface effects. It may be proposed that it is the media, rather than the church which provides individuals with a worldview which reflects to them what is of ultimate value, and which justifies their behaviour and way of life. Television itself is becoming a kind of religion and has become a prime cultivator of culture, providing the myths, teachings and expressions of religion.

Various authors suggest that television needs to be seriously considered as an operative religious activity. This does not mean that the television and film industry would see itself in religious terms, nor that the mass media can be seen to be replacing theistic religion, but that the correspondence between the content and uses of television and the traditional functions of religion and religious practice is significant.

This article, based on a literature survey, explores the provocative parallel between the traditional functions of religion and the church, and commercial television.     

JURISDICTION FRICTION AND THE FRUSTRATION OF THE HAGUE CONVENTION: WHY INTERNATIONAL CHILD ABDUCTION CASES SHOULD BE HEARD EXCLUSIVELY BY FEDERAL COURTS

The Hague Convention on the Civil Aspects of International Child Abduction confronts the growing problem of international parental child abduction by providing for the prompt return of the child to their home country. However, the legislation that implements the Hague Convention in the United States confers concurrent state and federal court jurisdiction for cases brought under the Treaty. This vast jurisdictional grant has contributed to delay in case resolution, inconsistent interpretation, and unresolved cases and has frustrated the original intent of the Hague Convention which seeks to expedite the child's return. At their core, Hague Convention proceedings are choice of forum cases in an international context and the Convention depends on reciprocity and respect for the rule of law among Contracting States. Consolidating Hague Convention proceedings within the federal system would encourage uniform interpretation of Treaty provisions and allow expertise to develop among judges. This will promote the interests of parent and child victims by facilitating the prompt return and eventual resolution of the underlying custody controversy while strengthening the effectiveness of performance under the Hague Convention.     

Topographies of forensic practice in Imperial Germany

This article examines the topography and “cultural machinery” of forensic jurisdictions in Imperial Germany. It locates the sites at which boundary disputes between psychiatric and legal professionals arose and explores the strategies and practices that governed the division of expert labor between them. It argues that the over-determined paradigms of ‘medicalization’ and ‘biologization’ have lost much of their explanatory force and that historians need to refocus their attention on the institutional and administrative configuration of forensic practices in Germany. After first sketching the statutory context of those practices, the article explores how contentious jurisdictional negotiations pitted various administrative, financial, public security, and scientific interests against one another. The article also assesses the contested status of psychiatric expertise in the courtroom, as well as post-graduate forensic psychiatric training courses and joint professional organizations, which drew the two professional communities closer together and mediated their jurisdictional disputes.     

Development of a fast, simple profiling method for sample screening using high resolution melting (HRM) of STRs

A screening assay has been developed to provide preliminary individualization of crime scene samples thus eliminating expensive, time-consuming short tandem repeat (STR) profiling of nonprobative samples. High resolution melting performed in a real-time PCR instrument is used to detect the slight melting differences between the length and sequence variations of 22 forensic STRs. Three STRs (vWA, D18S51, THO1) were chosen to develop an assay which was optimized for Mg++ concentration, annealing/extension time/temperature, assay volume, and bovine serum albumin addition. The assay was tested for reproducibility, uniformity for genotype, melting profile consistency, effects of inhibitors, and mixture effects. The assay could be used to determine DNA concentration when a standard curve is run simultaneously. Calculations of costs show that the assay can save significant time and money for a crime with many samples or suspects.