Retributivism and Legal Moralism

This article examines whether a retributivist conception of punishment implies legal moralism and asks what liberalism implies about retributivism and moralism. It makes a case for accepting the weak retributivist thesis that culpable wrongdoing creates a pro tanto case for blame and punishment and the weak moralist claim that moral wrongdoing creates a pro tanto case for legal regulation. This weak moralist claim is compatible with the liberal claim that the legal enforcement of morality is rarely all‐thing‐considered desirable. Though weak moralism has some plausibility, it does not follow from weak retributivism if legitimate state functions are limited in certain ways.     

Exploring Lawyer–Client Interaction

Personal injury victims involved in compensation processes have a worse recovery than those not involved in compensation processes. One predictor for worse recovery is lawyer engagement. As some people argue that this negative relation between lawyer engagement and recovery may be explained by lawyers’ attitude and communications to clients, it seems important to investigate lawyer–client interaction. Although procedural justice and therapeutic jurisprudence had previously discussed aspects relevant for lawyer–client interaction, the client’s perspective has been rather ignored and only few empirical studies have been conducted. In this qualitative study, 21 traffic accident victims were interviewed about their experiences with their lawyer. Five desirable characteristics for lawyers were identified: communication, empathy, decisiveness, independence, and expertise. Communication and empathy corresponded with aspects already discussed in literature, whereas decisiveness, independence and expertise had been addressed only marginally. Further qualitative and quantitative research is necessary to establish preferable lawyer characteristics and to investigate what would improve the well-being of personal injury victims during the claims settlement process.     

Endogenous development: some issues of concern

This article aims to provide knowledge and practical guidance to managing and implementing within the framework of endogenous development. The paper gives a theoretical overview of endogenous development, linked to issues of globalisation and poverty, and ongoing work among European institutions and academics that suggest shifts in Europe from exogenous to endogenous development approaches. It then makes a case for a paradigm shift – an African alternative to modernisation and development, namely endogenous development – using experiences with two NGOs in Ghana and Zimbabwe to locate theory in practice. The paper concludes with some empirical pre-requisites for conducting endogenous development with rural communities.

This article is prompted by the requests of my students at the University for Development Studies, Ghana, for knowledge and information, and practical guidance to managing and implementing within the framework of endogenous development. I start by giving a theoretical overview of the concept of endogenous development and link it with current issues of globalisation and poverty. I briefly mention current work among European institutions and academics that suggest shifts in Europe from exogenous to endogenous development approaches. Encouraged by such developments, I then make a case for a paradigm shift – an African alternative to modernisation and development, endogenous development. I bring to light the experiences with endogenous development in two NGOs – CECIK (Ghana) and AZTREC (Zimbabwe) – in order to locate theory in practice (praxis). I conclude by providing some empirical prerequisites for conducting endogenous development with rural communities, which demonstrate one way of conducting experimentation with farmers within the context of endogenous development.     

American evangelicals and domestic versus international climate policy

Because a significant portion of the American electorate identify themselves as evangelical Christians, the evangelical position on climate policy is important to determining the role the United States could play in global climate cooperation. Do evangelicals oppose all climate policies, or are they particularly opposed to certain types of policies? We argue that American evangelicals oppose climate policy due to their distrust of international cooperation and institutions, which has been a prominent feature of evangelical politics since the beginning of the Cold War. Using data from the 2011 Faith and Global Policy Challenges survey and the 2010 Chicago Council Global View survey, we find support for the theory. Evangelicals are equally likely to support domestic climate policy as other Americans, but they are significantly less likely to support international treaties on climate cooperation. The findings suggest that proponents of climate policy could win more evangelicals to their side by focusing on domestic action, instead of multilateral negotiations or international institutions.     

Collecting and Analyzing DNA Evidence from Fingernails: A Comparative Study,,

Forensic practitioners and crime laboratories regularly collect and analyze fingernail evidence; however, the best techniques for processing such evidence have not been established. In this study, numerous aspects of fingernail evidence processing—collection of exogenous cells, transportation, purification of DNA, and STR analysis—were analyzed using fingernails harboring applied blood or epithelial cells from scratchings. Autosomal STR mixtures resulted when fingernails were soaked or swabbed, while scrapings rarely generated mixtures but exhibited allelic dropout. Y‐STRs yielded single source profiles, with scrapings again showing dropout. A silica‐based kit extraction recovered significantly more exogenous DNA than did organic extraction, neither of which was affected by nail polish. Swabbing nails in succession resulted in some cross‐contamination from exogenous material, while transporting nails together did not, although there was loss of exogenous cells. Optimized nail processing produced complete Y‐STR profiles of male volunteers from female fingernails following scratchings.     

Good Faith and the Ubiquity of the ‘Relational’ Contract

The judgment of Leggatt J in Yam Seng Pte Ltd v International Trade Corporation Ltd shows the common belief that the English law of contract does not have a doctrine of good faith to be mistaken. That law does not have a general principle of good faith, but its doctrine of good faith, articulated through numerous specific duties, is more suitable for the interpretation of contracts according to the intentions of the parties than a general principle which invites the imposition of exogenous standards. That Yam Seng involved a relational contract does not mean that paternalistic exogenous standards should be imposed. It means that the good faith obligations essential even to a commercial contract of this sort must be implied in order to give efficacy to the fundamentally co‐operative contractual relationship.     

‘Factual causation’ and ‘scope of liability’: What's the difference?

According to a dominant view, for the negligent defendant to be held liable for the plaintiff's harm the plaintiff must establish first, that the breach was the ‘factual cause’ of the harm, and second, that the harm is within the ‘scope of liability’. On this view, factual causation is purely factual, while scope of liability is normative and non‐causal. This article accepts the basic two‐step approach, but argues that the distinction is overstated. A close analysis of the principles shows that factual causation may require value judgment, and that scope of liability often involves an assessment of the strength and nature of the causal connection between breach and harm.     

Treating alcohol-related violence: a feasibility study of a randomized controlled trial in prisons

Purpose: There is a lack of good-quality outcome evaluations of interventions for offenders whose crimes are alcohol-related. Randomized controlled trials (RCTs) are considered gold standard in treatment evaluations. Here, we report on a feasibility study for an RCT of an alcohol-related violence intervention, Control of Violence for Angry, Impulsive Drinkers (COVAID). Method: 115 adult male prisoners were randomly allocated to COVAID plus treatment as usual (TAU) or TAU only. Results: Most participants (84%) found COVAID useful. Reconviction data at six months were accessed for 109 (95%) participants. There were no differences between the two groups on violent reconvictions or all reconvictions at the six-month period, but at 17?months the COVAID group had 13% fewer people reconvicted for violence, and 20% fewer had reconvictions for any offence. Conclusion: The results indicate that an RCT is feasible and provides parameters for designing a full RCT. Differences in reconviction between groups favoured COVAID and were clinically important.     

The law of concentrations of crime at place: the case of Tel Aviv-Jaffa

Weisburd, Groff, and Yang argue that there is a ‘law of concentrations of crime at place’ within cities. In this paper, we provide a test for this proposition in Tel Aviv-Jaffa. We found that crime concentrations at street segments in 2010 were remarkably similar to those observed in American cities. About 4.5% of the street segments produced approximately 50% of the crime, and about 1% of street segments produced 25% of crime. Our study provides important verification of the broad applicability of the law of crime concentrations at place.