Global rights and regional jurisprudence

This article asks whether a “law-as-integrity” approach to human rights adjudication provides a theoretical framework within which to make sense of authoritative regional interpretations of basic human rights for the global community. To focus analysis, I consider U.S. court interpretations of international human rights as an interpretive context. I argue that, with appropriate modification so as to include the world community as a “community of principle” for purposes of human rights adjudication, the law-as-integrity perspective permits disputes surrounding the legality of human rights to revolve around competing interpretive claims backed up by justifying legal theories, rather than as ideological battles external to a juridical philosophy of rights.     

RELIGION AND CRIME REEXAMINED: THE IMPACT OF RELIGION,SECULAR CONTROLS,AND SOCIAL ECOLOGY ON ADULT CRIMINALITY*

Since Hirschi and Stark's (1969) surprising failure to find religious (“hellfire”) effects on delinquency, subsequent research has generally revealed an inverse relationship between religiosity and various forms of deviance, delinquency, and crime. The complexity of the relationship and conditions under which it holds, however, continue to be debated. Although a few researchers have found that religion's influence is noncontingent, most have found support—especially among youths—for effects that vary by denomination, type of offense, and social and/or religious context. More recently the relationship has been reported as spurious when relevant secular controls are included. Our research attempts to resolve these issues by testing the religion-crime relationship in models with a comprehensive crime measure and three separate dimensions of religiosity. We also control for secular constraints, religious networks, and social ecology. We found that, among our religiosity measures, participation in religious activities was a persistent and noncontingent inhibiter of adult crime.     

Legal and ethical issues in the use of antiandrogens in treating sex offenders

Antiandrogen treatment of sexual offenders raises serious legal and ethical considerations in both the medical profession and in the courts. Discussion is offered on the use of antiandrogens in both an involuntary and voluntary context. The potential negative impact of this treatment modality on such constitutional issues as privacy interests, right to procreative freedom, freedom of speech and communication, and freedom from cruel and unusual punishment is explored and notable, germane court cases are presented. The need for clear ethical guidelines for the administration of this treatment is stressed.     

Malpractice issues in heart transplantation

As organ transplantation procedures become accepted as standard medical practice, it is anticipated that the frequency of liability claims against transplant care providers will increase. This article examines current statutory and common law analyses of malpractice issues in transplantation, with particular attention given to issues of informed consent as they arise both for the organ donor and donee.     

The Emergence of Environmental Concerns: Hydroelectric Schemes in Scotland

Regulating the environmental impacts of hydroelectric schemesis of increasing importance in the light of the strong policydrive towards expanding the proportion of energy gained fromrenewable sources. Yet hydroelectric schemes are significantin another way. They provide an unusual example of a technologythat has changed little over the last 100 years and thus offersa real opportunity to judge the impact of a changing regulatoryclimate. In Scotland, three distinct phases can be detected.Earlier controls focussed on the protection of private interests,especially fishing rights, with authorisations secured throughPrivate Acts of Parliament. This was followed by a period wherepromotion of such schemes lay with public bodies; though undergeneral statutory duties, ultimately the balancing of environmentaland other interests lay with such bodies who acted with fewexternal controls. Privatisation of electricity generation in1989, coupled with the growing development of relevant EuropeanCommunity legislation, dramatically shifted the regulatory balances.Environmental Assessment requirements and now the obligationsof the Water Framework Directive have substantially alteredthe concept and scope of environmental concerns in this field.     

Interpersonal violence cases reported to the police: a Nigerian study

The study involves 204 cases of interpersonal assault reported to the police during a period of 1 year. The patterns of domestic violence and community violence involving friends, neighbors, and strangers are described. The most common type of violence reported to the police is community interpersonal violence in which victims are mostly females and perpetrators are mostly males and members of gangs. Cases of rape are reported, whereas spousal violence tends to be underreported. On the whole, female victims are more likely to be younger than their male counterparts, whereas the male perpetrators are more likely to be unemployed. Repeat assault is found in 43 instances. Possible psychological and sociological explanations are offered for violent gang activities. The need to sensitize the police to become more involved is emphasized. The author proposes suggestions that may help reduce the incidence of community violence.