The retreat from politics or postmodern legislatures

This article is a revised version of a paper that was presented at the 1992 International Conference of the Law and Society Association in Philadelphia, Pennsylvania USA.     

Preadolescent antecedents of depressive symptomatology at age 18: A prospective study

The purpose of this article is twofold: (1) to summarize the theoretical frame-work, methodological orientation, and gender-differentiated findings of our ongoing study of the personality context, prospective and concurrent, for depressive symptoms at age 18; and (2) to report new longitudinal relations between preadolescent play constructions (at age 11) and depressive tendencies reported seven years later. Eighty-seven 18-year-olds completed the Center for Epidemiological Studies Depression Scale (CES-D). Seven years earlier, at age 11, the subjects were observed in a play construction situation. Six psychologically coherent, reliable play composite variables were generated from the codings of videotapes and related longitudinally, in a hierarchical polynomial regression design, to the later CES-D scores. Among preadolescent girls, concern with morality and loss foretold, linearly, depressive experiences. The quadratic regression function explained additional variance: relative to girls receiving intermediate CES-D scores, girls earning loworhigh scores were seen as more overcontrolling of impulse, more angry, and more concerned with loss. Among preadolescent boys, only curvilinear relations were obtained. Relative to boys receiving intermediate CES-D scores, boys earning loworhigh CES-D scores were seen during preadolescence as more undercontrolling of impulse, more angry, and more concerned with loss as theme. The implications of these findings are discussed.This study was supported by National Institute of Mental Health Grant MH 16080 to Jack Block.Received Ph.D from University of California at Berkeley in 1984. Major research interests include socio-emotional development in adolescence, developmental psychopathology, and cross cultural perspectives on development.Received Ph.D from Stanford University in 1950. Major research interests include logitudinal analyses of personality and cognitive development, personality theory, and personality assessment.     

Sienkiewicz v Greif (UK) Ltd and Willmore v Knowsley Metropolitan Borough Council: A Material Contribution to Uncertainty?

In the conjoined cases of Sienkiewicz and Willmore, the Supreme Court decided that the exceptional Fairchild approach to the proof of causation in negligence applied where a mesothelioma victim had been negligently exposed to asbestos by one defendant at a level well below unavoidable environmental asbestos exposure. The negligent exposures in both cases materially increased the risk of mesothelioma thereby satisfying the Fairchild test. Whilst reasserting the primacy of the common law as governing the rules of causation in mesothelioma cases, the Supreme Court failed to clarify the scope of the Fairchild exception. Moreover, in an extensive obiter discussion of epidemiological evidence, the Supreme Court has raised more questions than it has answered relating to the role, if any, of scientific evidence in the law of toxic torts.     

Criminal Law, the Victim and Community: The Shades of ‘We’ and the Conceptual Involvement of Community in Contemporary Criminal Law Theory

The article addresses the argument, put forward by Lernestedt, that the proprietor of the ‘criminal-law conflict’ is the community (or the community and the offender) and discusses his proposed theoretical model of criminal law trial. I raise questions regarding the legitimacy of such a model, focusing on four counts. Firstly, I assert that his assumptions about the state the individual and the old/new versions of criminal law theory are society-dependent. Secondly, I address some problems with the concept of community and particularly with the proposed conception of community, which seems to mostly exclude the offender. Thirdly, I question the need for (or added value of) such a proposed conceptual involvement of the community as an actor in the criminal law process and theory. Lastly, some potential problems with the idea of the victim as a mere “representative of us” are mentioned, including the possibly undesirable demands and limitations on the victim’s agency and issues of respect for the victim’s individuality.     

A study of ethyl glucuronide in post-mortem blood as a marker of ante-mortem ingestion of alcohol

The possibility of post-mortem production of ethanol makes correct interpretation of ethanol detection in forensic autopsy samples difficult. Even though the levels of ethanol formed post-mortem are generally low, this may be highly relevant in cases where intake of alcohol was forbidden, for instance for pilots, professional drivers and countries with low legal alcohol limits for driving. Different criteria are used to determine whether a finding of ethanol is of exogenous origin, but there is no marker for alcohol ingestion that has been studied in detail. In this study, we wanted to evaluate the sensitivity and specificity of ethyl glucuronide (EtG), a direct minor metabolite of ethanol, measured in blood, as a marker of ante-mortem alcohol ingestion. Forensic autopsy cases were divided into groups with and without ante-mortem alcohol ingestion, according to strict inclusion criteria. In 93 cases with information on ante-mortem alcohol ingestion, EtG was detected in blood in all cases, even when levels of ethanol were low. In another 53 cases where there were no indications of ante-mortem alcohol intake, EtG could not be detected in blood in a single case, also in 11 cases in which ethanol was detected and considered to be most probably formed post-mortem. In conclusion, blood EtG determination seems to be a reliable marker of ante-mortem ingestion of alcohol, and it could be considered in forensic autopsy cases when post-mortem formation of ethanol is questioned.     

Never a final design: interviewing Norwegian alcohol smugglers

This paper presents a typology of respondents that have been encountered in interview-based research on the illegal alcohol market in Norway. Six distinct types (“the social talker”, “the expert witness”, “the flasher”, “the manipulator” and “the paranoid”) are distinguished and their relative value discussed from a scientific perspective. Students of organized crime must learn how to handle these characters both socially and analytically, and how to avoid certain pitfalls. Challenges a researcher may meet while studying organized crime will also be discussed, like “going nervous,” “going naïve”, “going native” and “going nonchalant”. Traditional Scandinavian literature on research methods has not been very helpful in this sense.     

Public Administration Research in Norway: Organization theory, institutionalism and empirical studies in a democratic context

This article gives a broad overview of Norwegian research on public administration over the past 40 years. The main picture that emerges is that a Norwegian public administration built primarily on Webernian principles has lost some but not all these original properties. It describes a research tradition based on organizational theory and democratic theory. It also paints a picture of public administration as integrated into a complex network of domestic political institutions, public agencies, organized interests and clients, as well as extensive European and international networks. It shows how a strong theoretical tradition, based on bounded rationality, is supplemented by different types of institutional theories and increased theoretical pluralism. Finally, the paper underlines the importance of considering public administration not simply from an internal technical viewpoint, but of placing the discipline in a wider political and democratic context.