Thomas Craig,Sir Martin Wright,and Sir William Blackstone: The English Discovery of Feudalism

F.W. Maitland claimed that Sir Martin Wright propagated among English lawyers the view that English law had a feudal origin and was part of a European family of law and that Wright's opinions were popularized by Blackstone. This article demonstrates that Wright's opinions on feudal law, its history, and its impact on English law owed a considerable amount to the Scottish author Thomas Craig, who, through Wright, Blackstone, and others, as well as independently, had a significant impact on English lawyers’ understanding of their legal history and in overturning theories of the ‘immemorial’ nature of the common law. The infusion of Craig's European learning on feudalism into discussion of English law helped English legal history to develop.     

Workers' compensation and the governance of pain

This article examines the medico-legal systems of workers' compensation. It is divided into three parts, the first taking an historical perspective to locate the first workers' compensation laws, the circumstances which led to their implementation, and their consequences in terms of the shift from individual fault to industrial risk. In the second part, the discursive practices of medico-legal knowledge-power typically found in workers' compensation systems are examined, especially the principles and clinical practices that are deployed to 'police' the boundaries of such schemes and to mitigate costs. Part three then summarizes the effect of neo-liberal governmentality and its underlying economic rationality as it attempts to regulate, by means of the artifice of liberty, the behaviours of firms and workers. Workers' compensation deserves analysis for the special technical and insurantial problems it entails, given its complex triangular insurance relation (involving the insurer, the firm, and the worker), its deployment of medical, economic and actuarial knowledges, and its production of special problems and uncertainties surrounding the governing of a class of persons incapacitated for productive work.     

Employees without a Cause: The Motivational Effects of Prosocial Impact in Public Service

ABSTRACT

Public service employees often lack opportunities to see the prosocial impact of their jobs—how their efforts make a difference in other people's lives. Drawing on recent job design theory and research, I tested the hypothesis that the motivation of public service employees can be enhanced by connecting them to their prosocial impact. In a longitudinal quasi-experiment, a group of fundraising callers serving a public university met a fellowship student who benefited from the funds raised by the organization. A full month later, these callers increased significantly in the number of pledges and the amount of donation money that they obtained, whereas callers in a control group did not change on these measures. I discuss the implications of these results for theory, research, and practice related to work motivation in public service.     

Intimate Partner Homicide: Risk Assessment and Prospects for Prediction

Little is known about assessing the risk of intimate partner homicide (IPH). Research has shown that women killed by an intimate partner scored higher than abuse survivors in retrospectively measured risk for IPH. In this study, we examined the characteristics of 146 men who committed an actual or attempted act of IPH. Of these, 42% had prior criminal charges, 15% had a psychiatric history, and 18% had both; events which could feasibly have permitted a prior formal assessment of risk. We also identified a subsample of 30 who could be scored on the Ontario Domestic Assault Risk Assessment (ODARA; Hilton et al., Psychological Assessment, 16, 267–275, 2004). The mean ODARA score was at the 80th percentile of risk for domestic violence, although only 13 had a previously documented partner assault. We conclude that co-operation among sectors responding to domestic violence and the shared use of validated risk assessment will increase the prediction and potential prevention of IPH.     

Effect of Investigator Disturbance in Experimental Forensic Entomology: Carcass Biomass Loss and Temperature

Abstract: Often carrion decomposition studies are conducted using a single carcass or a few carcasses sampled repeatedly through time to reveal trends in succession community composition. Measurements of biomass and other abiotic parameters (e.g., temperature) are often collected on the same carcasses but are rarely a focal point of the studies. This study investigated the effects that repeated sampling during experiments have on the decomposition of carrion, measured as both gross biomass (carcass plus fauna) and net biomass (carcass only), on carcasses disturbed on every visit (with weighing only or also with the collection of fauna) and on carcasses disturbed only once. Each trial lasted at least 21 days, with samples taken in triplicate. Rat carcasses used in this study were placed in the field on the same day and either weighed on every visit or ignored until a given day. Internal and ambient air temperatures were recorded on each carcass at the time of sampling and on undisturbed carcasses using temperature loggers. The presence of succession fauna did not result in significant biomass loss on most days; however, there were individual days early in decomposition (days 3 through 6) when the succession fauna comprised a large portion of the gross biomass. With the exception of biomass loss by the emigration of maggots on days 4 and 5, neither repeated weighing of the carcasses nor repeated weighing and faunal sampling of the carcasses statistically affected the rate of biomass loss. Internal temperatures of carcasses sampled repeatedly were frequently 2–5°C lower than those that had not been disturbed, and ambient temperatures differed significantly depending on the location of measurement device. Results indicate that methods used historically for biomass loss determination in experimental forensic entomology studies are adequate, but further refinements to experimental methodology are desirable.     

The death of a living soul

We are bedevilled with varying definitions of death, ranging from higher brain death to cardiovascular or somatic death. They all try to capture what is essential to our reasoning about the importance of human death. This column argues that what they all neglect is the Aristotelian inspiration of many of the attempts at reformulation of the definition. Aristotle's work on the soul focuses on the loving soul as the form of humanity that makes human living and dying the morally significant phenomenon that engages law-makers and ethicists alike. The form of humanity comprises a holistic package of properties which cannot be dealt with in a reductive manner and which our criteria for death must answer to. When that is clarified, the role of these criteria and their importance both become more transparent.     

Death in custody: a historical analysis

This research delineates the historical evolution of death in custody. A retrospective, exploratory analysis of 145,425 cases from Maryland's Office of the Chief Medical Examiner, occurring from 1939 to 2004, was conducted. Two hundred and two custodial deaths were identified and subsequently examined relative to time, agency, decedent characteristics, and cause and manner of death. Results indicate that there have been substantive changes in custodial deaths over time. Cardiovascular disease was the most frequent cause of death from the 1930s to the 1970s, except for the 1940s, when syphilis and tuberculosis took precedence. Asphyxia, the predominant cause of death in the 1980s, reflected an increase in suicidal hangings. Emerging in the 1980s, drug intoxication deaths were prevalent in the 1990s and 2000s. Sudden unexplained deaths involving violent behavior, the use of multiple restraints, and drug intoxication were not identified until the 1980s, coinciding with periods of increased cocaine abuse nationally.