The Common Law and the Forms of Reasoning

The purpose of this article is to examine how various forms of reasoning both can and should be used to decide cases in the common law tradition. I start by separating positive questions about what the law is from normative questions about what the law ought to be. Next, I present a Peircean account of three main forms of reasoning – deduction, induction and abduction – and examine how they can be used by judges to decide cases in the common law. Finally, I argue that the three forms of reasoning can be used to answer both kinds of questions, but in different ways. All three forms of reasoning can be used to answer questions of positive law, while questions of normative law present a special case that may require the use of aesthetic judgments of taste in the formation of a legal hypothesis.     

Law Enforcement Lessons Learned from Hurricane Katrina

Major disasters represent infrequent events that often require response organizations to vicariously learn from the experiences of others in order to improve their operations. A primary mechanism for such knowledge diffusion is the different practitioner and empirical journals for the organizational fields that comprise disaster response. A review of the literature for the law enforcement field, however, reveals that little attention is given to how these organizations manage actual disasters. In particular, the presentation of organizational experiences, whether through case studies or other methodologies, is very limited in the practitioner and empirical literature of this field. This represents a considerable problem for improvements of disaster response operations given that law enforcement agencies represent a key component in such efforts. The research presented in this article is an effort to fill this knowledge gap and thereby facilitate organizational learning to improve future law enforcement disaster response activities. The authors traveled to Mississippi and Louisiana after Hurricane Katrina to examine the response efforts of state and local law enforcement agencies to the storm. The findings from this research are reported here in a lessons‐learned format to inform law enforcement disaster response policy.     

Low-level Radioactive Waste Compacts: Lessons Learned from Theory and Practice

The interstate compact as a policy tool has a long history ofuse in the United States. Yet some observers feel that interstatecompacts have never lived up to their potential. Nevertheless,in 1980, the compact was chosen as the policy instrument tosolve one of the thorniest environmental policy issues of thedecade: the siting of low-level radioactive waste (LLRW) disposalfacilities. Drawing from research on interstate compacts andon alliance theory developed in international relations, thisarticle applies five key questions to the case of LLRW: Whydo states join compacts? Which compacts will they join? Howstable are the compacts? How important are outside factors?What types of situations are compacts most suited to address?It concludes with lessons that should be useful to future policymakersabout the use of interstate compacts to solve salient, nationwidepolicy problems.     

Adolescence terminable and interminable: When does adolescence end?

The question of when adolescence ends and young adulthood begins is considered. Throughout, it is addressed in terms of the theory of broad and narrow socialization, which emphasizes the cultural context of development. The question is approached from cognitive, emotional, and behavioral perspectives, then from the perspective of role transitions (such as marriage and parenthood). The idea of an extended path from adolescence to adulthood is discussed, and the concept of emerging adulthood is presented. It is suggested that in most non-Western cultures the entrance to adulthood is socially defined and marked by a social event, usually marriage. In the contemporary West, however, where there is a strong emphasis on independence and individualism, the entrance to adulthood is defined and marked individually. Consequently, it is likely to be based on the achievement of residential and financial independence as well as on the attainment of cognitive self-sufficiency, emotional self-reliance, and behavioral self-control. Thus in the contemporary West the passage from adolescence to young adulthood is a process that is gradual and may take many years.This research was funded partly by an institutional training grant from the National Institute of Mental Health 5T32 MH14668-14, for the Clinical Research Training Program in Adolescence, jointly sponsored by the Department of Psychiatry at Northwestern University and the Committee on Human Development at the University of Chicago.Received Ph.D. from University of Virginia, Research interests include adolescent reckless behavior, adolescents' uses of media, and the transition to adulthood.Research interests include the transition to adulthood and development in young adulthood.     

Heterogenous demand for public goods: Behavior in the voluntary contributions mechanism

Numerous laboratory experiments have investigated the performance of several processes for providing public goods through voluntary contributions. This research has been able to identify features of the institution or environment which are reliably likely to produce outcomes “close” to the free riding outcome or “substantially” greater than the pessimistic prediction of standard models. One such feature is the “marginal per-capita return” (MPCR) from the public good. Various authors have altered MPCR between groups or for an entire group at the same time. The experiments reported here address a different question, “What would happen if, within a group, some persons faced a ‘high’ MPCR while others faced a ‘low’ MPCR?”     

PARLIAMENTARY COMMITTEES,PUBLIC SERVANTS AND DUE PROCESS

Abstract: The parliamentary system of government in its Australian form has a number of unresolved problems, notwithstanding its many virtues. One such problem is that of the role of public servants when called before parliamentary committees as witnesses. The current guidelines are mainly advice to public servants as to how they should avoid or defer questions which neither the minister nor the departmental secretary has authorised them to answer. Of course, this is useful and proper within its limits. However, it fails to address many of the dilemmas and career-threatening choices which can face public servants who find themselves being questioned in an aggressive, hostile manner by members of a parliamentary committee. Unfair treatment of witnesses is not a trivial matter and there are more than isolated instances. This article deals with an episode involving the Joint Parliamentary Committee of Public Accounts in 1982. The case is now some years in the past, but it is still worth examining for what it teaches about gaps in our constitutional conventions. At the end of the article we suggest action in four areas. Intensive training and retraining is needed, first in the upper ranks of the public service, and secondly for chairpersons and members of parliamentary committees. Thirdly there is a need for MAB-MIAC to revisit yet again their guidelines on accountability and to instigate a review of the government's guidelines for public servants appearing as witnesses. Both sets of guidelines are anachronisms. Finally, we suggest that, in any future review of government policy in this area, consideration be given to the amendment of relevant legislation to bring due process and the protection of witnesses more closely into line with the rights available to persons appearing before a court.     

EVERYONE'S DOING IT! CODES OF ETHICS AND NEW SOUTH WALES PARLIAMENTARIANS‘ PERCEPTIONS OF CORRUPTION

Abstract: Everyone is doing a code of ethics. But when can codes do good? To find out we interviewed New South Wales parliamentarians about their perceptions of corruption in 10 scenarios weighted from least to most corrupt. The cases were drawn from John Peters and Susan Welch's theory of corruption. We note similar studies in the United States and Canada. There is confusion about ethics, and we note that the episodes of corruption in the 1980s suggest ethical standards could be elevated. Perhaps the most significant conclusion is that parliamentarians come to think alike about corruption in the middle of their careers. Those who want to see ethics enhanced should aim at induction, education, and counselling within parliament. Here codes, if supported, have a role to play. Improvement will not be achieved by searching for a saintly parliamentarian. We found those most sensitive to corruption to be the least and most senior members.