Having the cake and eating it too: efficient penalty clauses in Common and Civil contract law

In this paper we examine one of the areas where there is a marked difference between Civil and Common contract law, that of the enforcement of liquidated damages and more particularly of penalty clauses. Common law judges are quite reluctant to enforce liquidated damages, especially if they believe that they include penalty clauses which are not enforceable. On the contrary, in almost all European contract laws liquidated damages are readily enforced, as are penalty clauses when they are not manifestly excessive. Although most law and economics scholars have criticized Common law courts for the non-enforcement of penalty clauses, there is a sizable minority of scholars who have defended the Common law “non-enforcement” policy on the ground that penalty clauses are inefficient because they hinder efficient breach. However, and despite the merits of the arguments advanced by advocates of the non-enforcement of penalty clauses, we believe that Common law’s rejection of penalty clauses is inefficient. We further show that the Civil law solution to the problem is not only comparatively more efficient, but that it can also appease the worries of those scholars who are afraid that efficient breaches will be deterred. The solution that Civil law systems give to the problem manages to enforce the parties’ wishes and to avoid deterring efficient breaches. However, we point out that in order for the Civil law systems to take advantage of this superiority, the interpretation of their Civil Codes should be guided by economic analysis and the respect to the wishes of the contracting parties.     

The Prosecution Service Function within the Swiss Criminal Justice System

The criminal justice system of Basel is described as a cantonal example for Switzerland. Special attention is paid to the Prosecution Service Function within this framework and its relationship to police and courts. The article not only refers to legal provisions but to the factual handling of criminal cases as well.     

安全透镜：科技在安全议题中的过程与机制

科技的竞争与合作日益成为国家间互动的核心内容之一,它被视为影响国家实力对比、安全环境和对外行为的重要变量。大国对促进科技发展和保持科技优势的追求,促使科技要素与安全议题的关联度显著提高。将科技看作存在于各领域的“安全透镜”,根据资源和知识两要素的分享程度来界定不同行为体间的“科技—安全”互动,尝试发展出一种兼顾科技发展特征和各领域具体互动的整体框架,可以发现行为体之间在科技领域构成对抗、竞争或形成有限共享的合作关系。究其原因,领域的具体特征和特定领域的科技实力对比导致了领域的安全化以及行为体间科技互动的形成,美日20世纪80年代的芯片战和中法涡轴-16航空发动机研发合作分别是竞争型科技互动与合作型科技互动两种类型的典型案例。科技的发展更新也会使行为体间的互动类型呈现一定变化,出现一种“由安全化到去安全化”的共性趋势,国际空间站的技术进步及其民用转向促使美苏(俄)在该领域的长期合作可以验证这一趋势。     

异位方配合甲氨蝶呤治疗异位妊娠32例临床观察

目的:观察自拟异位方配合甲氨蝶呤(MTX)治疗异位妊娠的临床疗效.方法:采用随机方法将63例异位妊娠患者分为两组(治疗组32例,对照组31例),治疗组接受异位方加MTX治疗,对照组单用异位方治疗,观察两组保守治疗异位妊娠疗效.结果:治疗组治愈率(84.37%)高于对照组(64.51%)(P<0.05);治疗组β-HCG下降至正常及阴道流血停止时间短于对照组(P<0.01或P<0.05);治疗组治疗后包块缩小程度大于对照组,差异有显著性(P<0.01).结论:中西医结合治疗异位妊娠可加速β-HCG下降,减少阴道流血时间,促进包块吸收,降低保守治疗风险,缩短疗程,提高疗效,有利于输卵管功能的恢复.     

The Psychopathological Profile of Cannibalism: A Review of Five Cases

In today's society, human cannibalism is extremely rare and represents an unthinkable act of violence. Scientific literature on the topic is sparse due to significant methodological problems, such as collecting enough data and generating unbiased analyses. The purpose of this article is to illustrate some psychodynamic aspects of cannibalism. After a review of the literature, we will present and compare five cannibalistic patients hospitalized in the Henri Colin secure unit (Villejuif, France). The patients described fall into two subgroups, suffering either from severe schizophrenia or from a mixed personality disorder with sadistic and psychopathic features associated with paraphilia. For the schizophrenia group, cannibalism is a self‐defense reaction to a perceived threat of destruction: survival depends on the annihilation or assimilation of the other. For the mixed personality disorder group, ego and narcissism are the central issue with a desire to overcome deep‐rooted frustrations by means of an extraordinary act.     

Finding of Hyperostosis Frontalis Interna During the Autopsy Procedure: Forensic Issues

Hyperostosis frontalis interna is a common phenomenon, which may have been overrated in its significance in the past, and may, currently be underrated in its significance. We present three cases of hyperostosis frontalis interna found during medicolegal autopsies and discuss their forensic considerations. The patients were all middle‐aged women with metabolic and endocrine manifestations and psychiatric ailments; thickening of the inner table of the frontal bone of the skull was found during each autopsy. We describe the relationship between hyperostosis frontalis interna, metabolic manifestations, and neuropsychiatric symptoms as part of Morgagni‐Stewart‐Morel syndrome. There is still considerable disagreement in the scientific community as to whether this syndrome is a clinical entity. Nonetheless, awareness of Morgagni‐Stewart‐Morel syndrome can be of help in understanding the circumstances surrounding death. In some other cases, hyperostosis frontalis interna could be used by forensic pathologists as criteria for sexing and aging a skeleton.     

Unpredictable Behavior Under the Influence of “Magic Mushrooms”: A Case Report and Review of the Literature

Fatalities implicating psychedelic mushrooms are not a common clinical situation in everyday forensic medicine. Despite classification as an illegal drug in many countries, psilocybin mushrooms have the reputation of being safe. We report the case of a young man who jumped from a second story balcony under the influence of psilocybin mushrooms. The psilocin assay was performed by gas chromatography coupled to an electron‐impact ionization time‐of‐flight detector (GC‐EI‐TOF) after solid‐phase extraction. Total psilocin was quantified in peripheral and cardiac blood as 60 and 67 ng/mL, respectively, and in urine (2230 ng/mL), bile (3102 ng/mL), and vitreous humor (57 ng/mL). This case report and review of literature highlights the danger of psilocybin mushrooms. Isolated use of psilocybin mushrooms by a regular consumer without psychiatric history, even under “safe” circumstances, can lead to a fatal outcome.     

Implementation and Optimization of the Sodium‐Rhodizonate Method for Chemographic Shooting Distance Estimation

In shooting incident investigations where it is important to estimate the shooting distance, the sodium‐rhodizonate coloring method has been used for the visualization of GSR patterns extensively. This publication describes the optimization of this method by the use of a heated press for the transfer of GSR traces on garments, as well as variation of a number of other important process parameters. Our final aim for this project was to prepare a formal validation of the coloring method as prerequisite for its inclusion into the scope of ISO17025‐certified methods in the GSR Laboratory. A number of important factors and process parameters were identified, such as buffer composition and pH, type of textile used as a substrate and resolution of the documentation of the results. Results were tested using a synthetic proficiency test. Our optimized method has been found to be a very effective technique for visualization of macroscopic GSR traces.     

L’Etat face au défi numérique

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -