Legal Causality and Criminal Intent in the Legal Discourse

In this article I analyse linguistic means employed to reconstruct causality in court. Identifying the causal relations that induced the occurrence in reality is particularly important when the mental element of the offence is considered proving criminal intent is showing existence of a causal relation between an intention and a legally prohibited act.I show that the legal significance of an action depends on the time of the action relative to other events. I will show that in the legal-criminal discourse simultaneity implies causality. In particular, if discussing a concrete occurrence, an event is proved to be simultaneous or almost simultaneous with an action – then causation between the action and the event is commonly implied if the event seems to the court as a reasonable motive for the particular action.I exemplify how the institutional speakers use time conjunctions indicating actions that happen simultaneously or almost simultaneously in order to prove existence of a causal relation, and how they present the simultaneity as incidental in order to deny existence of such a relation.     

The effects of party competition on budget outcomes: Empirical evidence from local governments in Spain

This paper investigates the link between local budget outcomes and the intensity of party competition, measured as the margin of victory obtained by the incumbent in the previous local election (i.e. the difference between the vote share and 50%). Two competing hypotheses are tested in the paper. On the one hand, the Leviathan government hypothesis suggests that the lower the intensity of party competition is, the greater is the increase in the size of the local public sector, irrespective of the ideology of the party in power. On the other hand, the Partisan government hypothesis suggests that the incumbent will find it easier to advance its platform when intensity of competition is low (i.e., parties on the left/right will increase/decrease the size of the local public sector when the intensity of the challenge from the opposition is low). These hypotheses are tested with information on spending, own revenues and deficit for more than 500 Spanish local governments over 8 years (1992–1999), and information on the results of two local electoral contests (1991 and 1995). The evidence favors the Partisan hypothesis over the Leviathan one. We found that, for left-wing governments, spending, taxes and deficits increased as the electoral margin increases; whereas, for right-wing governments, a greater margin of victory led to reductions in all these variables.     

The Use of the Biblical Oath and Its Development

The use of the oath in Jewish law reflects the religious nature of this system of law: in case a litigant cannot receive justice from the human judges s/he is entitled to call on God by swearing an oath. I begin this survey of the use of oaths in Jewish law with a discussion of the nature of “swearing an oath” based on biblical stories and biblical rules that regulate the use of oaths outside court. I then focus on the use of the oath in court; I survey the domain of circumstances in which an oath is accepted by Jewish law as evidence according to the Bible, the Mishna, Gemara, and codifications. Finally, I exemplify how the oath is used in practice in the 20th century by one case from Rabbi Saul Ibn Dannan’s responsa book “Hagam Shaul”.     

The welfare of the elderly: A systems analysis viewpoint

A methodology is offered to analyze for policy purposes the services offered to the elderly. Best policy is defined as that policy which maximizes the benefit to the elderly, given budgetary and other constraints. To measure the benefit to the elderly, a scale is devised, consisting of a set of states describing the degree of dependency of the elderly. This ordinal scale is converted to a cardinal scale by assigning weights to the states, these weights being an expression of the social-value judgments of the administrators. The change in weights over time, induced by the intervention of services, is the benefit of the services. Mathematical techniques are described for relating benefit to cost, modeling the flow of elderly among institutions, making a sensitivity analysis, and deriving the best policy.     

Regulating Global Financial Markets

This paper discusses the role of regulation in the emergence of a global system of linked financial markets. It traces the origins of the internationalization of financial markets to the emergence of new competitive pressures, rooted in changes in the social structures of savings and investment, breaking down both national systems of financial control and international arrangements for monetary and financial co-ordination. These changes have been accompanied and facilitated by a process of international re-regulation, through informal specialist networks. Although these have facilitated the international diffusion of regulatory standards and practices, and attempted to co-ordinate them, they are greatly hampered by espousing the perspectives of the various markets and firms which it is their task to supervise. Together with their minimalist view of the aims of public legitimation and oversight of financial markets, they have proved inadequate to prevent the destabilizing effects of the new global finance on the world economy.     

Juvenile Justice Advocacy: Practice in a Unique Court

The defense attorney must remember that the Juvenile Court is a court and not a social agency. But the fact that it is a court should not obscure the fact that it is a court with social objectives and social techniques. Thus, he must have the knowledge and ability to suggest alternative treatments to court adjudication.