The Linguistics of Misrepresentation: Intentions and Truth Values

During contractual negotiations, one party may lead the other into error, thus causing loss or damage. If misrepresentation is shown, the aggrieved party may therefore claim for damages or rescission. In the English law, it was for many years unclear whether a finding of misrepresentation required proof of deliberate, intentional fraud, or whether it could be analysed as a simple failure of consensus, in which case it would be sufficient to show negligence. According to the traditional rule, the misleading declaration had to be factually false, and concern an existing state of affairs or a verifiable past event. However, expressions of personal opinion or of future intention can mislead, although they cannot sensibly be considered as true or false. Further, in practice, many literally true sentences are liable to give false impressions. Such statements may be ambiguous or only partly true. Like linguists and ethical philosophers, the judges are confronted with recursive problems of understanding and re-interpretation. Citations from a number of celebrated English cases are given to show that in spite of significant developments, no legal rules or principles can satisfactorily account for intuitions concerning intentional behaviour and morality.     

Psychological Dimensions of the Israeli Settlements Issue: Endowments and Identities

When you have a rational discussion of what to do with the Israeli settlements, how do you factor in the irrational, the deeply held beliefs of people with varying views? As we witnessed at the conference, when people speak about the Israeli settlements, they do so with emotion, using such phrases as “Messianic spirit,”“longing for homeland,”“compassionate revenge,” and “the destruction of dreams.” The land in question is precious to two different groups, who each imbue the land with their own narrative and fervor. In fact, at the very heart of what makes the settlements issue so complex and seemingly intractable is its psychological dimensions — the mental and emotional factors that permeate the discussion at every level.     

A brief overview of quantitative criminology in Australasia: 1981–1995

This paper reviews quantitative criminological research, especially of a sophisticated mathematical nature, published by researchers in Australia and New Zealand since 1981. A statistical analysis of quantitative articles published between 1981 and 1995 in the leading academic journal.The Australian and New Zealand Journal of Criminology, showed that using the five topical categories developed by Farrington (this issue), there has been little change in the types of research carried out, with studies of court processes and correctional issues accounting for two-thirds of papers. The numbers of “simple” and ”sophisticated” quantitative articles as proportions of the total published also did not vary over the 15 years. Areas of strength in quantitative research include drugs, alcohol, and crime; indigenous peoples and the criminal justice system; regulatory law enforcement; the modeling of recidivism; and sentencing. Most sophisticated quantitative research is carried out by noncriminologists, and it appears unlikely that the amount of mathematically sophisticated research will increase significantly in the next few years. Experimental studies and longitudinal designs will probably slowly grow in popularity, and crime prevention will emerge as an area of quantitative strength.     

Cynicism and job satisfaction in policing: Muddying the waters

Since Niederhoffer’s (1969) pioneering work, police cynicism has been a staple in research on police officers and police work, various typologies of police officers and definitions of the police subculture or police personality rely to a greater or lesser degree on conceptions of cynicism and suspicion. More recent research has questioned both the validity of measures of cynicism and typologies of police officers. The present study examines the link between cynicism and job satisfaction which is implicit in the literature. Findings indicate not only that these two factors are correlated, but also that relationships reported between cynicism and other factors in policing are mirrored by correlations between those factors and a measure of job satisfaction. The question which arises is, to what degree are correlations reported in the literature spurious, resulting not from cynicism, as was thought, but from a more generic measure of job satisfaction?