The State in Environmental Management: The Ecological Dimension

A focus on 'modern' industrialized societies obscures both the great antiquity of the state and the powerful selective pressures that have led to the dominance of interstate competition, especially warfare. In pursuit of power, elites encouraged population growth and intensified the exploitation of the natural resource base, with progressively more severe ecological impacts. Modern technology has vastly amplified the problem. Though it makes possible sophisticated environmental management, that has been neglected for the demands of the military—industrial system. These ill-effects are reinforced by ignorance of ecology and inadequacy of traditional political thought. A major adaptive challenge faces modern states: to use their knowledge and resources for more humane, environmentally sensitive management and perhaps achieve a novel kind of steady state, or to renew emphasis on short-term competitive considerations.     

Causes of Action: First Findings of the LSRC Periodic Survey

In this paper we report some of the first findings of the LSRC periodic survey of justiciable problems. We confirm the prevalence of justiciable problems amongst the general population. We identify important differences in the experiences of discrete socio–demographic populations, not only in terms of the number of problems faced, but also in terms of the perception of problems and reactions to them. We show that cost is not the principal barrier to taking action or obtaining advice across most problem categories. Other concerns, such as fear or uncertainty as to what can be done are generally more prevalent. We illustrate the range of strategies employed by those who take action, and confirm the rarity of court action. Finally we show that the basic form of Felstiner, Abel, and Sarat's aetiology of lawsuits is recognizable within our findings, although we explain that the manner and form of progression through the various stages is complex and irregular.     

Kosovo Revisited: Humanitarian Intervention on the Fault Lines of International Law

The asserted doctrine of unilateral humanitarian interventionhas given rise to considerable debate in international law.This article revisits the use of force in Kosovo to criticallyappraise this debate. The arguments for and against the doctrineare schematically compared and contrasted. Their differencesare methodological, but underlying factors are relevant. Thesemay include a conflict of values (notably, sovereignty versushuman rights), but certainly involve deep disciplinary problemsevidenced by confusing international legal terminology and,especially, the contradictions inherent in identifying and changingrules of general/customary international law. Three factorsare considered as potentially helpful in bridging these faultlines: state practice (unavoidably), the stability of the internationalsystem and accountability. The latter two, at least, sit uncomfortablywith unilateralism.     

Training,experience, and magistrates' sentencing philosophies

The lay magistracy is unique to the English legal system, and this study investigates how those appointed as magistrates change in their sentencing policy and attitudes toward defendants as a result of the experience gained during the first year on the bench and as a result of the mandatory training program. An experimental design was used to evaluate the effects of training in which a group of newly appointed magistrates was randomly assigned to defer their training for one year and compared to those who completed their training during the first year in the usual way. In addition, the use of a group of nonmagistrates as controls enabled a quasiexperimental evaluation of the effects of experience on the bench. Magistrates and controls completed a questionnaire in which they sentenced a number of cases at the time of the magistrates' appointment to the bench and again one year later. The results showed that magistrates as a result of their experience became more committed to the aims of deterrence and punishment, became more pessimistic about the prospects of reforming defendants, regarded the severe sentences as more appropriate, and took a less sympathetic view of defendants. The training program, however, tended to ameliorate these effects. Possible explanations for these findings and the implications for the training of magistrates are discussed.This study was supported by a grant from the Nuffield Foundation     

The computer and the law: coordinate analysis of skull shape and possible methods of postmortem identification.

Mechanisms accelerating or retarding the disintegration of soft tissues are briefly discussed, as well as the need to reconstruct the missing profile for postmortem identification purposes. The application of X-ray and computer-based analyses is discussed in the context of providing data to predict and reconstruct the most probable soft tissue profile of a dry skull. In addition, information from extensive studies of the facial bones and profiles of veterans has been applied to methods in forensic medicine of determining age, sex, and racial background of unknown subjects.