评阿兰·沃森的《法律移植:比较法的方法》

<正> 爱丁堡大学民法教授阿兰·沃森在其《法律移植:比较法的方法》(Legal Transplants:An Approach to Comparative Law,佛吉尼亚大学出版社,1974年版)一书中试图证实比较法是一门学科。沃森教授提出:"比较法是研究有关法律的本质,特别是有关法律发展的本质的学科。"其主要功能在于使人了解"决定法律发展进程的独特因素。" 然而,研究十六世纪在鲁瑞斯坦(本文作者杜撰的国家)以特殊形式出现的独特的法律     

Factors influencing the precision of estimating the postmortem interval using the triple-exponential formulae (TEF). Part I. A study of the effect of body variables and covering of the torso on the postmortem brain, liver and rectal cooling rates in 117 forensic cases

Brain, liver, rectal and environmental temperatures were continuously monitored under controlled conditions, in 117 forensic fatalities, for up to 60 h after death. Cases were studied either naked (63%) or covered with two blankets (37%). Bodies were classified into fat and thin groups. Statistical analysis and curve-fitting of the data yielded the average triple-exponential formulae for each body site and each body group. The effects of covering of the torso and body parameters such as weight, height, surface area and 'cooling size factor' (Z) on postmortem cooling are assessed and discussed. Results show that covering of the torso has a significant influence on the rate of postmortem cooling, however, there is no good correlation between the body variables and the cooling rate.     

Factors influencing the precision of estimating the postmortem interval using the triple-exponential formulae (TEF). Part II. A study of the effect of body temperature at the moment of death on the postmortem brain, liver and rectal cooling in 117 forensic cases

The temperatures of three body sites, namely, the brain, liver and the rectum as well as the temperature of the environment were continuously monitored, every 5-10 min, in 117 forensic cases commencing soon after death and in most cases, within 45 min postmortem. The body temperature at the moment of death was empirically determined by a computer-based extrapolation method. Thus, temperature data for the first 3h of each body site were fitted to single-exponential equations and the fitted curve was extrapolated backwards to obtain the intercept on the Y-axis (the temperature axis). The effect of body temperature at the moment of death on postmortem cooling rate is examined and factors influencing body temperature at death are discussed. Forensic fatalities associated with hyper and hypothermia are reviewed briefly.     

Risk Attitudes and Independence Vote Choice

In this article, we examine the impact of risk attitudes on vote choice in the context of a salient referendum with high levels of uncertainty about the consequences of the ballot proposal. Using data from a pre- and post-referendum panel survey conducted in the context of the 2014 independence referendum in Scotland, and a specific battery to measure attitudes to risk, we determine how these attitudes operate in such political contexts. We reach two main conclusions. First, risk attitudes have a direct effect on vote choice, even after controlling for alternative explanations of vote choice such as party identification and leaders’ evaluations. In the aggregate, the effect of risk attitudes on the vote choice contributes to the status quo bias found in referendums. Second, we find that information moderates the effect of risk attitudes on vote choice. Voters who are politically knowledgeable have a greater capacity to predict the consequences of political outcomes and, therefore, they are less affected by their risk attitudes when making their ballot choices.

     

Literatur

Ohne Zusammenfassung     

Improving performance in a Swedish police traffic unit: Results of an intervention

This article describes the results of a feedback system designed to improve performance for a Swedish traffic police unit and examined whether such a feedback system was beneficial or detrimental to the attitudes of the officers. As in many Western countries, government organizations are being required to demonstrate their effectiveness with quantitative performance measures. An approach called the Productivity Measurement and Enhancement System (ProMES) was used with three groups of Swedish Traffic Police to do this. ProMES is a method for identifying unit's objectives, developing measures for these objectives, and using this information as feedback. ProMES was developed with these police units and feedback from the system was used over a four-year period. Results indicate that there were substantial increases in performance. There were also decreases in accidents, injuries, and fatalities compared both to baseline and to comparison groups in Sweden. These improvements were made with fewer and fewer police officers each year.     

Identifying variation in police officer behavior between juveniles and adults

This research explores the basis of officer decision making during encounters with juvenile suspects, and compares these encounters to those between police and adults. Specifically, two types of officer behavior are examined: the decision to arrest, and the exercise of authority. Officer behavior during encounters with juvenile suspects is compared and contrasted to encounters with adult suspects. Results from multivariate analyses find juveniles are significantly more likely to be arrested than adults; however, officers do not exercise different levels of authority during interactions with juvenile suspects. Results also indicate that the factors shaping officer behavior varies across age of suspect, namely, the community context and officer's race offer significantly different influences on juveniles than on adults. Other factors also influence officer discretion differently depending on the age of the suspect, most noteworthy being disrespectful demeanor. The results indicate that police officer behavior during encounters with juvenile suspects is very different than during encounters with adults.     

Prevalence and correlates of psychopathic traits in the household population of Great Britain

There are no previous surveys of psychopathy and psychopathic traits in representative general population samples using standardized instruments. This study aimed to measure prevalence and correlates of psychopathic traits, based on a two-phase survey using the Psychopathy Checklist: Screening Version (PCL: SV) in 638 individuals, 16–74 years, in households in England, Wales and Scotland. The weighted prevalence of psychopathy was 0.6% (95% CI: 0.2–1.6) at a cut score of 13, similar to the noncriminal/nonpsychiatric sample described in the manual of the PCL: SV. Psychopathy scores correlated with: younger age, male gender; suicide attempts, violent behavior, imprisonment and homelessness; drug dependence; histrionic, borderline and adult antisocial personality disorders; panic and obsessive–compulsive disorders. This survey demonstrated that, as measured by the PCL: SV, psychopathy is rare, affecting less than 1% of the household population, although it is prevalent among prisoners, homeless persons, and psychiatric admissions. There is a half-normal distribution of psychopathic traits in the general population, with the majority having no traits, a significant proportion with non-zero values, and a severe subgroup of persons with multiple associated social and behavioral problems. This distribution has implications for research into the etiology of psychopathy and its implications for society.