Emerging Legal Orders. Formalism and the Theory of Legal Integration

Using analogies from research in simulation and artificial societies and borrowing from Weinrib's Philosophy of Private Law, we show how a "private law" model of law and legal integration does not need to presuppose the state as a regulatory framework. Rather, the state emerges as a "second order property" from the private law interaction of individuals. We apply this to the debate about harmonisation in Europe. We show how a form of unity in diversity can be built up starting with such individual interactions, extended later to interactions between member states. But this does not need to end up in an individualistic and neo-liberal model, as in Weinrib, if we understand the underlying exchange relation in terms of Wilhelmsson's social contract law.     

An unusual case of suicidal carbon monoxide poisoning

A 35 years old student with prior suicidal tendencies was found dead laying enclosed in a plastic-bag together with four plastic-bags of minor capacity. Three bags were opened by cuts and empty, one bag contained 73 1 of 83.2 Vol.% carbon monoxide. Postmortem carboxyhemoglobin concentrations in blood of five different regions of the corpse ranged from 80.3% to 93.4%. From the circumstances--chemicals and apparatus--it could be reconstructed that carbon monoxide was produced by the reactions of formic acid and sulfuric acid.     

Determination of ABO blood group markers in single hair segments

Determination of ABO-blood group on human hair segments of 79 individuals was performed by means of modified Yada absorption-elutions technique. The studies were carried out with 4 micron thin cross sections of hair. In 79% of the cases it was possible to establish the correct blood group. Individual hair segments of 0.5 cm length yielded reliable results. Antigen identification was best with blood group B and most difficult of the AB type.     

House money effects on trust and reciprocity

In a typical laboratory “Investment Game” experiment, participants’ endowments are provided by the experimenter; thus, the worst case for the investor is that she loses all of her “found” money. By contrast, in naturally occurring environments, investment decisions can often lead to a loss of one’s own money. This paper investigates whether “trust” found in one-shot anonymous laboratory interaction is robust to “own money” environments. Our results show that, consistent with previous investment game results, most investors send a positive amount, and most trustees return at least the transfer amount, regardless of whether the investors purchase or are gifted their endowment. However, investments are on average lower when participants use their own money, and the fraction of maximum investments (the most “risky” investment decision) is only half as large under “own money” as it is under gifted endowments. Our results explain why one should exercise caution in placing trust in any government’s ability to spend other people’s money prudently.     

Regulating forced labour and combating human trafficking: the relevance of historical definitions in a contemporary perspective

Forced labour has been regulated since 1930 on the basis of the ILO Convention on Forced Labour, and since 1957 on the basis of the ILO Abolition of Forced Labour Convention. In 2000 forced labour was included as one form of exploitation covered by the UN Trafficking Protocol, which situated trafficking into a context of transnational organised crime. In 2014 the ILO adopted a Protocol on Forced Labour, making a link between trafficking and forced labour. The aim of this article is to explore how forced labour came to be regulated and defined in these four treaties. The 1930 ILO Convention came about in a specific historical and political context, yet the 1930 definition remains in use even though the interpretation of forced labour, particularly as it relates to trafficking, has changed. This article focuses on the issue of trafficking for the purpose of forced labour within the context of migration and labour exploitation, and discusses the relevance of historical definitions of forced labour in the current discourse that sees human trafficking mainly as a security threat. It argues that a rigid interpretation of forced labour is not always useful in understanding forms of labour exploitation, at least in a contemporary European migratory perspective. The article calls for a broad interpretation of forced labour, which takes into account also subtle forms of control and coercion.