Jurisprudence and Communication: Secular and Religious

In considering Van Schooten’s study of the Eric O. case (s.1), I ask whether the different approaches taken by the two different “legal institutions”—the prosecuting authorities on the one hand, the courts on the other—are reflective of different images of warfare (a semantic difference) or of the different images each group holds of its own role (a pragmatic difference). If we consider these two “legal institutions” as distinct semiotic groups (s.2), is there an inevitable “communication deficit” (Van Schooten) between them (and the public) and how does this relate to the Hartian account of such a “crisis in communication” (s.3)? I agree with Van Schooten about the role of underlying images in the construction of legal sense, and relate this to the issue of intuitional judgment, both in and outside the law (s.4). I then turn to comparable issues which arise in my other research area, Jewish law, which reflects quite different ideological premises (s.5), reviewing the original (biblical) conception of the (intuitive) role and functions of judges (s.5A), decision-making, justification and consequentialist ethics in postbiblical Jewish law (s.5B), and the conclusions drawn, not least for the pragmatics of communication, in a recent research study on the wife’s rights in divorce. Paradoxically, I argue (s.5C), that the system rests at base on trust rather than objective truth. But trust, too, is a form of meaning, and susceptible to semiotic analysis. I suggest, in conclusion (s.6), that this is an issue which should be treated more seriously in the theory of secular law and legal communication.     

Small states and compliance bargaining in the WTO: an analysis of the Antigua–US Gambling Services Case

In recent years, studies have challenged the conventional power-based literature to show that a deficiency in resources does not limit a small state's bargaining leverage in international negotiations. However, few studies examine small state influence during compliance bargaining, the post-agreement bargaining to ensure that all signatories comply with the terms of an agreement. Using an interview with a key advisor to the small twin-island state of Antigua and Barbuda during compliance bargaining with the United States (US), and World Trade Organization (WTO) documents, this article examines how a small state can successfully attain bargaining leverage and win against a behemoth state. In this case, Antigua successfully challenged the US ban on cross-border internet gambling and betting services. The article argues that the strategies and tactics that Antigua used within the WTO dispute settlement framework contributed to the country's bargaining leverage and enabled it to punch above its weight.     

Conditional openness: young people define practices for successful child protection interventions

Taking the reforms of child protection legislation that have occurred since the 1980s as a backdrop, this paper considers young people’s perspectives on the factors that facilitated their engagement with child protection services and the barriers they perceived to effective service delivery. Drawing on findings from a New Zealand study of young people’s experience of multiple service use (child protection, mental health, youth justice and remedial education), the paper identifies that that rather than being ‘resistant’ or ‘hostile’ to statutory child protection intervention, young people reported a ‘conditional openness’. This conditional openness was characterised by three themes: communication; continuity and consistency; and contextual and cultural responsiveness. Interventions with these characteristics activated this conditional openness allowing effective interventions to occur. Using a series of case studies, comprising interviews and agency case file records; the paper considers the experiences of 109 young people (12–17 years) as well as those of the ‘person most knowledgeable;’ an adult nominated by young people because they knew the young person’s situation well.     

Ethnicity,Perceived Pubertal Timing,Externalizing Behaviors,and Depressive Symptoms Among Black Adolescent Girls

An accumulation of research evidence suggests that early pubertal timing plays a significant role in girls’ behavioral and emotional problems. If early pubertal timing is a problematic event, then early developing Black girls should manifest evidence of this crisis because they tend to be the earliest to develop compared to other girls from different racial and ethnic groups. Given the inconsistent findings among studies using samples of Black girls, the present study examined the independent influence of perceived pubertal timing and age of menarche on externalizing behaviors and depressive symptoms in a nationally representative sample of Black girls (412 African American and 195 Caribbean Black; M = 15 years). Path analysis results indicated that perceived pubertal timing effects on externalizing behaviors were moderated by ethnic subgroup. Caribbean Black girls’ who perceived their development to be early engaged in more externalizing behaviors than Caribbean Black girls’ who perceived their development to be either on-time or late. Age of menarche did not significantly predict Black girls’ externalizing behaviors and depressive symptoms. The onset of menarche does not appear to be an important predictor of Black girls’ symptoms of externalizing behavior and depression. These findings suggest ethnic subgroup and perceived pubertal timing are promising factors for better understanding the adverse effects of early perceived pubertal timing among Black girls.     

Traumatic subarachnoid haemorrhage: a 10-year case study and review

Fourteen cases of traumatic subarachnoid haemorrhage (TSAH) from the years 1985-1995 are described. Two of these cases, one paediatric and one involving controlled substances, are considered separately. All 14 cases are then discussed together with the current literature with respect to: typical subject, the circumstances and aetiology of injury, time interval between injury and collapse; time of survival, the role of alcohol, the site of arterial rupture, and the methods recommended by other authors for the location of such an injury. We conclude that TSAH is a poorly understood cause of sudden death; fuller research is needed to clarify aetiology.