International Criminal Courts and Political Reconciliation

In A Moral Theory of Political Reconciliation, Colleen Murphy devotes a full chapter to arguing that international criminal trials make significant contributions to political reconciliation within post-conflict and transitional societies. While she is right to claim that these trials serve an important function, I take issue with her with respect to what that important function is. Whereas Murphy focuses on the contributions international criminal prosecutions might make to political reconciliation within the borders of transitional societies, I claim instead that their primary function is to restore order at the international level and to dispense justice. The aims of justice are not always consistent with the aims of reconciliation. Moreover, several features of international criminal trials should give us pause with respect even to how well, in fact, they manage to serve the ends of international justice.     

Principles,patient welfare and the Adults with Incapacity (Scotland) Act 2000

The law surrounding decision-making for adults who lose their capacity varies considerably internationally. In many cases legislation has taken a protective and consequently restrictive role for adults with incapacity and often the issue of capacity assessment within the appropriate legal framework is circumvented. In Scotland, the introduction of the Adults with Incapacity (Scotland) Act 2000 modernised that nation's approach to incapable adults. This article describes briefly the pre-2000 Act situation in Scotland, discusses the main provisions of the Act, reviews the use of principles in incapacity legislation in Britain, and discusses issues relating to patient welfare. The use of principles to extend patient autonomy into incapacity is demonstrated and compared with the English and Welsh Mental Capacity Act 2005 (the 2005 Act) through a discussion of how the principles in each of those Acts promotes particular ideologies of decision making. Finally, the article examines recent Scottish case law relating to the 2000 Act and discusses how the courts are currently interpreting the principles of the Act.     

When Trust Matters: The Case of Gun Control

Political Behavior - Declining trust in government is often cited as the cause of declining support for policies that require ideological sacrifices. Yet pivotal to the effect of trust is the...     

Is the political realm more encompassing than the economic realm?

The political realm is more encompassing than the economic because actions that are political necessarily involve claims on others. At the same time they are more fragile as those claims are always subject to refusal.     

Bone weathering patterns of metatarsal v. femur and the postmortem interval in Southern Ontario

Twenty-five defleshed pig femora and 25 metatarsals were placed outdoors and observed over 291 days to establish: (1) bone weathering patterns for use in estimating time since death in Southern Ontario and (2) whether larger (femora) or smaller (metatarsals) bones provide a better indicator of time since death. Pig hind limbs were observed to determine a timeline for decomposition of soft tissues during the fall and winter. Ambient air temperature, humidity, precipitation, sunlight, soil pH, and freezing and thawing were considered as factors affecting the breakdown of bone. Weathering patterns were observed based on the extent of bleaching, amount of periosteum and soft tissues present, as well as the appearance of greasiness, cracking and flaking of cortical bone. Both entomological activity and climatic conditions affected soft tissue decomposition. Animal activity affected both the process of bone weathering and soft tissue decomposition, causing variability in sample decomposition and bone breakdown. The variation in microenvironment, partially caused by soil composition, introduced variability in bone weathering rates. Four bone weathering stages were established based on patterns observed. Femora proved to be more resilient and showed more degrees of change due to weathering, thus proving to be a better indicator of time since death than metatarsals.