Psychoactive drugs in the road traffic in the legal and consultative aspects—Experience gained by the Forensic Medicine Department, Silesian University of Medicine, Katowice

Introduction

In the years 1997–2007 in the Forensic Medicine Department, Silesian University of Medicine, Katowice a total of 785 blood samples collected from drivers being the perpetrators of road accidents was tested for the presence of psychoactive drugs.

Methods

The studies took advantage of FPIA (Abbott), ELISA (Neogen), LC–MS and GC FID.

Results

21% of tested samples were positive. In the blood of the driver cannabinoids, amphetamine and its derivatives were most frequently found. Moreover, individual opium alkaloids, their combinations with barbiturates, benzodiazepines or amphetamine, benzodiazepine derivatives (isolated cases), drugs of benzodiazepine group in combination with barbiturates, tramadol or tricyclic anti-depressants (isolated cases), carbamazepine, phenotiazine, cocaine, dibenzepine, benzene, toluene and acetone were determined.

Conclusion

The obtained results showed cannabinoids and amphetamine derivatives to be the most frequent whereas opium alkaloids, barbiturates and benzodiazepines rather rare psychoactive drugs found in the tested blood samples of the drivers involved in the road accidents. The authors suggest screening psychoactive drugs not only in drivers involved in road accidents but also those put through the routine road check procedures. While giving opinions on the influence of the above mentioned drugs on the psychophysical efficiency of road traffic users, drugs and compounds which are not subject to legal control but have an effect on the human psychomotor efficiency and thus, enhance the risk of the road accident should be also taken into account.     

Posner versus Kelsen: the challenges for scientific analysis of law

Law & economics scholars claim, among other things, to provide explanations of how law impacts behaviour. The aim of this article is to shed light on the conceptual and methodological difficulties related to analysis of the impact that law has on behaviour. The analysis advanced in the paper takes as its starting point a commentary on Richard Posner’s interpretation of Hans Kelsen’s pure theory of law. The work of Kelsen is treated as a meta-theoretical analysis that reveals some of the presumptions of theoretical approaches to law that claim to be scientific and, in particular, that claim to scientifically analyse the law’s influence on behaviour. The article concludes with a methodological proposal on how to approach the identified methodological challenges and conceptual tensions that law & economics contends with.     

Specification of dynamic wage-price relations in Poland (1980–1991)

This paper focuses on the analysis of wage-price relationships during the period 1980–1991 in Poland. The dynamics of wage and price series under radical structural changes are examined, as well as the impact of earlier sharp price increases. The process of wages-to-prices adjustment both in the long- and short-term is analysed. The hypothesis that the introduction of economic reform (at the beginning of 1990) would result in a tendency towards the stabilization of real wages is investigated. This is done through integration and cointegration analysis of wage and price series with special attention being paid to the problems arising from theI(2) character of the variables investigated. The concept of polynomial cointegration is applied to formulate error correction terms for the short-run model of wages. The computations have been made using quarterly data. The results reflect an inhomogeneity of the period investigated, especially the effects of the introduction of economic reform at the beginning of 1990. The nonstationarity of real wages is confirmed, but not their tendency towards stabilization.     

Democracy,dictatorship and decision costs

This paper tries to help bridge the inductive and the deductive traditions in the study of democracy. I identify two empirical patterns, which I call the paradox of conflict and the paradox of decision importance. More conflict ridden societies are both less likely to be democracies, and, when democratic, more likely to be consensual rather than majoritarian. Similarly, important (revolutionary, regime-transforming) decisions are less likely to be democratic but, when democratic, they are more likely to be consensual. I use a decision-cost-minimizing model of democracy to explain those patterns. The model is developed out of the metaphor of institutions as decision producing firms, attempting to maximize quality and minimize cost of those decisions. Its main intellectual source is the transaction cost-minimizing view of organizations but the formalism owes most to Buchanan and Tullock's Calculus of Consent.     

Revisiting country of origin principle: Challenges related to regulating e-commerce in the European Union

The article analyses the country of origin principle of information society services in the light of harmonisation and unification efforts undertaken by the European lawgiver. Although the country of origin principle remains the key element of the construction of freedom to provide information society services, the principle itself suffers a number of both explicit and implicit restrictions which render its practical application a serious challenge. The difficulty is posed by the fact that the Electronic Commerce Directive fails to expressly specify both the scope of harmonisation as regards the principle, and the level of harmonisation of the directive itself. Furthermore, it is understood differently by private international lawyers. In the eDate Advertising case the ECJ ruled that the principle is not a conflict-of-laws rule, neither does it require implementation to the national legal systems in this shape. This is not to mean, however, that the debate over the function of the country of origin principle in private international law is over. Last but not least, there are many different types of country of origin principles applicable to various types of services provided via the Internet. This multitude of country of origin principles is perhaps the greatest weakness the regulatory approach adopted by the European lawmaker.     

Rethinking the notion of hosting in the aftermath of Delfi: Shifting from liability to responsibility?

Liability of Internet intermediaries for a third-party content is a complex topic, especially with regards to the storage of illegal or harmful postings offered by portals. The E-Commerce Directive offered a liberal framework for handling such cases, provided that a hosting service provider has not played an active role in content management. Being passive turned out to be the key precondition for immunity under safe harbour provisions. Yet, after the Delfi ruling the legal landscape has changed radically. Although the judgment of the Strasbourg tribunal has been dismissed in some jurisdictions as an error or one-off case, the truth is that it took into account acquis communautaire and imposed liability on the news portal, which followed the guidelines of Google France and eBay rulings. Given the lack of predictability of the current legal framework, the aim of this contribution is to offer a deep-dive into the notion of hosting from a technical perspective in order to better understand why Articles 14–15 of the E-Commerce Directive may require a re-examination. It is also submitted that portals and other online service providers relying on a broad construction of safe harbours should be entitled to Good Samaritan protection akin to section 230 of the American Communications Decency Act in order not to hold them liable for being active in fighting hate speech and other forms of illegal and harmful conduct.     

Historical family systems and contemporary developmental outcomes: what is to be gained from the historical census microdata revolution?

Recent years have witnessed a growing interest in the role of the historical family as the instigator of disparate developmental trajectories. However, a major challenge faced by these studies was that they had to work around a lack of reliable historical data. This study demonstrates how embarking on the recent outburst of historical microdata infrastructures may help to improve these explorations by suggesting additional statistics and a derived measure (the Patriarchy Index) that might prove useful in future efforts aimed at assessing the effect of historical family organization on comparative development. The added value of that endeavour is assessed by comparing the predictive validity of the PI for contemporary developmental gradients against a composite indicator of family organization previously used by economic historians (Carmichael’s ‘Female Friendliness Index’). The results indicate that conclusions about the relationship between historical family organization and various societal outcomes may be sensitive to the measure used. Based on the evidence presented in this paper, it is argued that one of the reasons why the potential importance of historical family for contemporary developmental disparities has not been convincingly unravelled could be inadequacy of data and indicators so far employed to assess historical family formations. To the extent that the Patriarchy Index would be taken up by wider scholarly circles as an indicator of historical family organization it could help unravel potentially new associations between past and present, at least as far as Europe is concerned.     

Gender Equality on the Boards of EU Companies: Between Economic Efficiency,Fundamental Rights and Democratic Legitimisation of Economic Governance

Currently, there is a large gap between the proportion of employed and well‐educated women and those sitting on the boards of EU companies. This gap should be significantly diminished because it is mandated by the EU fundamental right of equality between women and men (Article 23 of the EU Charter of Fundamental Rights), and by the need for democratic legitimisation of the EU and of its economic governance (Articles 2 and 3(3) TEU). However, the Commission's proposal for a directive on improving the gender balance among non‐executive directors of companies listed on stock exchanges does not constitute an appropriate legal solution for this problem because it infringes the principles of proportionality and subsidiarity. There are many other instruments than compulsory gender quotas that can be used by EU institutions to promote more gender‐balanced boards of EU companies. The potential of such measures has not been utilised yet in full.     

Increased lung weight in fatal intoxications is not unique to opioid drugs

Fatal intoxications with opioids are known to be associated with an increased lung weight, as well as with brain and pulmonary edema and urinary retention. However, there is evidence to suggest that fatal intoxications with non-opioid substances are also associated with increased lung weight; however, the latter aspect has not been comprehensively analyzed. To determine to what extent opioid and non-opioid substances are associated with increased lung and brain weight, we studied these organs in cases where the cause of death was attributed to intoxication with a single agent. Using data from cases autopsied at the National Board of Forensic Medicine (NBFM) in Sweden from 2009 through 2019 where the cause of death was attributed to a single substance, we created models of combined lung weight and brain weight. The models used age and sex as predictors as well as nested varying effects for the specific intoxicant and category of intoxicant. Suicidal hanging with negative toxicology cases served as controls. The population majority was male among both intoxications (68%) and controls (83%). The most common single substance group was opioids. All tested substances were associated with heavier lungs than controls, with the largest effect in the opioid group. Our findings show that several substances are associated with increased lung weight and that among intoxication deaths there is no difference in expected brain weight between substances. Hence, heavy lungs, without a reasonable explanation, should prompt a broad toxicological screening.     

Suicide of an adolescent girl with sodium nitrite ordered on the internet

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