Oubliez Critique

Critique has been shaped according to legal protocols and techniques. From Kant to Hegel and Marx, critics have tended to adopt one of the roles available in court procedure. This internal connection is most evident in American CLS of a psychoanalytical nature. If critique recognises itself in the juridical, psychoanalysis asks us to believe in the law. British critical legal scholars have followed a more political and aesthetic strategy, which today may ask us to abandon traditional critique for acts of critical resistance.     

Attention‐Deficit/Hyperactivity Disorder in Young French Male Prisoners

While forensic studies have reported higher than community rates of mental disorders in imprisoned populations, few studies have focused on attention‐deficit/hyperactivity disorder (ADHD) in these subjects. The aim of this study was to investigate ADHD prevalence among young French male prisoners. A specific diagnostic interview (Conners' Adult ADHD Diagnostic Interview for DSM‐IV, CAADID) was used. Correlations between ADHD, subsyndromal ADHD, and criminal features were investigated. 11% of young male prisoners among 93 male subjects aged 18–35 years met the criteria for actual ADHD, and 17% met those for childhood ADHD. Considering ADHD and subsyndromal ADHD, prevalence was about 43% in adulthood. ADHD and subsyndromal ADHD in adulthood were significantly associated with a higher number of imprisonments and a younger age at first arrest. It could be advisable to better identify subjects with ADHD symptoms among prison populations.     

Abstraction Beyond a ‘Law of Thought’: On Space,Appropriation and Concrete Abstraction

Given that one of the defining elements of capitalist society is the ubiquity of forms of abstraction through which social relations are mediated, it is not surprising that a generalised ‘reproach of abstraction’ has taken on a critical orthodoxy within social theory and the humanities. Many of these attacks against a pervasive culture of abstraction have an obvious resonance with longstanding critiques of the abstractions inherent in law. This article explores the critique of the power of abstraction that is a central theme in Henri Lefebvre’s depiction of the ‘abstract space’ of contemporary capitalism. In doing so, it will be emphasised that Lefebvre’s work is not primarily concerned with the rejection of abstraction per se, but with understanding the relationships between dominant forms of abstraction and concrete social practices. Of particular interest here is Lefebvre’s reformulation of the concept of concrete abstraction which extends his work beyond a polemical dismissal of the violence of abstraction into broader theoretical debates about the role of the abstract in the reproduction of social relations. Building on this aspect of Lefebvre’s work, I will argue that the concept of concrete abstraction can provide a means of understanding the relationships between the concrete and the abstract in existing juridico-political relations.     

Partner Violence Entrapment Scale: Development and Psychometric Testing

This article describes the development and testing of the psychometric properties of the Partner Violence Entrapment Scale (PVES), an instrument that evaluates the women’s perceived reasons for staying in violent partner relationships. After initial pilot testing, the scale was administered to 213 Spanish women who were victims of intimate partner violence (IPV). An exploratory factor analysis identified six factors: Socio-Economic Problems, Attachment and Fear of Loneliness, Blaming Oneself and Resignation, Impact on Children, Fear of Harm and Worry for the Partner, and Feelings of Confusion. Discriminant validity was established by demonstrating associations between PVES factors and socio-demographic, clinical and abuse variables. The scale appears to be a useful assessment tool for social and clinical settings. Its factor structure, reliability, and validity need to be replicated in other populations and samples.     

Body Height Estimation from Head and Face Dimensions: A Different Method*

Abstract: As there are cases brought for forensic examination where only the craniofacial region is available, estimation of stature from craniofacial dimensions is without doubt important in forensic cases. The study presented here attempts to estimate stature from craniofacial dimensions in the Turkish population. In the second phase of the study, the correlations between craniofacial dimensions and stature were also evaluated according to different head and face types. All measurements were taken from 286 healthy males with a mean age of 22.71 ± 4.86 years. The sample was then reclassified according to different head and face indexes. For the whole sample, correlation coefficients were low, changing only between 0.012 and 0.229. Thus, no significant increase in correlation coefficients was observed after the samples had been reevaluated according to different head and face types. As a conclusion, craniofacial dimensions are not good predictors for body height for the Turkish population.     

比较法视野下我国盘查措施启动标准:缺陷分析与完善理路

合理设置盘查启动标准既有利于警察执法,也有利于人权保障。通过对我国盘查制度实践的深入研究和对域外法治国家盘查启动标准的比较考察发现,我国盘查措施在启动标准上存在着混淆概念、标准单一和司法缺位三大缺陷。未来我国盘查措施启动标准的设置应当尊重警察盘查的认知规律、正视盘查的实践需要。此外,还应引入司法审查为警察正确理解盘查启动标准提供理论上的指引。     

On the Argument of Infinite Regress in Proving Self-awareness

In PV 3.440ab and 473cd–474ab, Dharmakīrti raises the argument of infinite regress (anavasthiti) twice. The argument originates from the same argument stated by Dignāga in his Pramā?asamuccaya 1.12ab1, in which the fault of infinite regress is called ani??hā. In Pramā?asamuccayav?tti 1.12b2, Dignāga presents another type of argument of infinite regress (anavasthā) driven by memory, which is elucidated by Dharmakīrtian commentators. The arguments were criticized by Kumārila Bha??a and Bha??a Jayanta and even more intensively so by two modern scholars, Jonardon Ganeri and Birgit Kellner. In this paper, I first examine the source of the arguments—Pramā?asamuccayav?tti 1.12 and its translation, based on which I provide my interpretation of the two models of arguments of infinite regress. I then offer my response, according to Dharmakīrti and his commentators, to Ganeri’s and Kellner’s critiques. By doing so, I attempt to identify the essence of these arguments is and find out to what extent one can defend the infinite regress argument in Dignāga’s and Dharmakīrti’s theory.     

On the benefits of being naive: the choice of contract duration with projection bias

Empirical evidence shows that consumers are often subject to a projection bias, such as they exaggerate the degree to which their future tastes will resemble their current ones. Such biases are particularly acute when consumers commit to a long-term contract. This paper aims at assessing the consequences of projection bias and at defining when a legal intervention is relevant. In this perspective, we compare the situation of naive and sophisticated agents, both with and without regulation regarding contract duration and early termination fees. The demand side of the market consists either of sophisticated agents, who perfectly anticipate their future willingness to pay (WTP); or of naive consumers, who exhibit a projection bias. The supply side is a monopoly offering long- and short-term contracts. Our main contribution consists in showing that naive consumers are not always worse off than sophisticated agents. The key parameter is how willingness to pay varies over time. If consumers have an increasing WTP for a given service or product, naive agents can actually be better off than sophisticated ones. We argue that naivete protects consumers against a price increase. However, naivete also leads to less exchanges on the market, thus generating a deadweight loss. Hence, the overall effect of naivete on social welfare is ambiguous. As far as public policy is concerned, we conclude that regulating contract duration is only relevant in some circumstances, depending on the market characteristics and on the bias.