Ethics of Emotions as Ethics of Human Rights: A Jurisprudence of Sympathy in Adorno, Horkheimer and Rorty

This article considers in a different light the relationship between legal theory and ethics by means of an interpretation of the thought of Adorno and Horkheimer, and of the writings of Richard Rorty, as two moments of a marginal stream of ethics of passions that runs beneath the history of rationalist Western philosophy. It departs from the critique of Modernity as a dialectic of barbarism and civilisation, and from a genealogy of Auschwitz that finds its antecedents in Kantian morality. It also characterises modern culture as one of apathy and bourgeois stoicism, and establishes a link between the cold modern ethos and the dynamics of Nazi hardness. The article turns then to a consideration of some of the responses to the comprehensive crisis of Modernity: the imperative ‘Auschwitz never again’, Adorno’s ‘general enlightenment’ and Horkheimer’s ethics of sympathy. Finally it reflects upon Rorty’s proposal of sentimental education as an effective strategy to foster a human rights culture in Postmodernity, with the aim of bridging the tradition of moral sentiments and contemporary struggles for human rights. I am very grateful to Costas Douzinas, Sonia Romero, Shaun Haselhurst, David-Alexander Smith, José Bellido and the two anonymous referees for their comments, and to Alexander García-Düttman for his suggestions. This text is dedicated to Paul Gready.     

Analyzing Multiple-Item Measures of Crime and Deviance I: Item Response Theory Scaling

Multiple-item measures of self-reported offending typically provide the principal outcome measures for individual level research on the causes of crime and deviance. This article directs attention to the substantial problems presented by the task of forming composite scores for these measures, and it presents a possible solution to those problems. We consider scaling by means of the graded response model from item response theory (IRT) as a potential means of overcoming the shortcomings of traditional summative scaling and of obtaining valuable information about the strengths and weaknesses of our measures. We illustrate this strategy through a scale analysis of a fourteen-item, self-report measure of delinquency, using three years of data from the Monitoring the Future study, an annual national survey of high school seniors. The graded response model proves to be consistent with the data, and it provides results that address important substantive questions about self-report measures. The findings are informative about the strengths and weaknesses of alternative strategies for developing self-report instruments, indicating that there is little to be gained by making fine distinctions in the frequency of individual delinquent acts.     

“Sex change” in skeletal remains: Assessing how heat-induced changes interfere with sex estimation

The true impact of heat-induced changes in human bone regarding their sex estimation has not been comprehensively documented having a potentially negative impact on forensic anthropology. The objective of this paper was to evaluate how heat exposure affects sex estimation based on both morphological and metric features. The study focused in both low-to-medium intensity burns and high intensity burns. Selected sexually dimorphic features were analysed in 51 experimentally burnt skeletons from the 21st Century Identified Skeletal Collection. Bones were burnt to maximum temperatures between 450 °C and 1050 °C achieved after 75 to 257 min. Morphological methods tested in this study comprised the recommendations for hipbone features from Buikstra and Ubelaker (1994) and from Bruzek (2002). On the other hand, metric references tested here were the ones from Wasterlain (2000), Curate et al. (2016) and Gonçalves et al. (2013) focused on the humerus, femur, calcaneus and talus. Agreement was tested with Gwet’s AC1 test and was further assessed by calculating the relative amount of perfect agreements. Results demonstrated that heat-induced changes affected not only the scoring of morphological features burnt at high temperatures but also the scoring of features burnt at lower intensities. On the other hand, metric features were only considerably affected in high intensity burns, no major changes being documented for low-to-medium intensity burns. For low-to-medium intensity burns, the Bruzek and Curate et al. methods revealed a better agreement between the pre- and post-burning scores. For high intensity burns, better agreement was obtained by using the Bruzek (2002) and Gonçalves et al. (2013) methods. As expected, heat-induced warping, fracture and metric change had a major impact on the pre- and post-observations’ agreement. Contrary to what has been systematically assumed over the years, this impact is also quite substantial in bones burnt at low-to-medium burn intensities so caution is advised during the analysis of this kind of burnt skeletal material.     

DNA-based and taxonomic identification of forensically important Sarcophagidae (Diptera) in southeastern Spain

Studying dipterans at the scene of a death can provide essential information for interpreting the evidence and help to reconstruct the events happened to a corpse in the past. Molecular tools have been employed for identification at specific levels in the cases of cryptic species or poorly conserved specimens. Identification of specimens is essential in forensic entomology since each species has a specific growth rate, which determines the calculation of the minimum post mortem interval (minPMI). In addition, phylogeographic reconstruction within a species can help to differentiate the haplotypes from a geographic area, thereby helping to clarify the possible relocation of a corpse. The morphological identification of Sarcophagidae species is often difficult, especially for the females. This is an important Diptera family since some of its species are among the first to reach a corpse, especially in warm areas. In this study, we compared the sarcophagids found in human corpses in forensic cases in Alicante (southeast of Spain) with specimens collected from baited traps in the same area and surrounding provinces. In total, 189 specimens were collected, comprising 72 from forensic cases and 117 from baited traps. Molecular identification was conducted by sequencing the cox1 mitochondrial gene and analyzing the sequences using ABGD, GMYC, and BIN species delimitation methods. The median joining algorithm in the PopART program was used to construct phylogeographic networks. Eight species in the family Sarcophagidae were identified. The most widely collected species were Sarcophaga argyrostoma and Sarcophaga tibialis. The haplotype networks obtained for these species did not indicate a clear geographic distribution of haplotypes. The S. argyrostoma samples from Alcoy were clearly isolated. The results demonstrated that this method is useful for identifying Sarcophagidae samples in forensic investigations and it can be employed for minPMI estimation.     

Brazilian judges in-between professionalism,gender and difference

This paper analyzes how Brazilian judges experience difference, focusing on how professionalism, gender, generation and diversity intersect in identity formation among women and men who are judges in the state of São Paulo, Brazil. In attempting to avoid attaching one fixed meaning to the concept of difference, we work with Avtar Brah's typology; this in turn enables us to capture how difference is perceived and experienced by our interviewees. Our results provide a look at how the specificities of the professionalization process influence the composition of the two courts we have studied (one at state and another at federal level), and how they increase or reduce the gender stratification within these careers. Being a judge is experienced through difference, in particular as the ‘Other' to those outside the career, and wherein identification is intersected by questions of gender, sexuality and generation. Although professionalism establishes boundaries between ‘us' and ‘them', it is also diluted through the ways in which the above-mentioned social markers and attributes permeate the self and professional groups. We interviewed 18 judges (women and men) from the São Paulo State Courts (Tribunal de Justiça de São Paulo) and 10 judges from the Regional Federal Courts (Tribunal Regional Federal) from the São Paulo circuit.     

Effects of Homeopathic Mother Tinctures on Breath Alcohol Testing

In some countries, it is illegal to drive with any detectable amount of alcohol in blood; in others, the legal limit is 0.5 g/L or lower. Recently, some defendants charged with driving under the influence of alcohol and have claimed that positive breath alcohol test results were due to the ingestion of homeopathic mother tinctures. These preparations are obtained by maceration, digestion, infusion, or decoction of herbal material in hydroalcoholic solvent. A series of tests were conducted to evaluate the alcoholic content of three homeopathic mother tinctures and their ability to produce inaccurate breath alcohol results. Nine of 30 subjects gave positive results (0.11–0.82 g/L) when tests were taken within 1 min after drinking mother tincture. All tests taken at least 15 min after the mother tincture consumption and resulted in alcohol-free readings. An observation period of 15–20 min prior to breath alcohol testing eliminates the possibility of false-positive results.