Being Ms B: B, autonomy and the nature of legal regulation

In this article, we question the apparent simplicity of medical law's construction of 'life and death' cases as a clash between the sanctity of life principle and patient autonomy. Our main purpose in doing so is to try to understand more fully the nature of law's regulation of the existence and non-existence of life. Specifically, we argue that, by broadening the understanding of autonomy in this area beyond a simple concern for patients' rights and self-determination, to include a focus on the individual generally, it becomes possible to identify some of the legal practices that are central to the manner in which law regulates the threshold between life and death. Through an analysis of a recent case in English law--Re B (an adult: refusal of medical treatment)--(although Australian jurisdictions presently disclose no similar, authoritative case, ours presently is almost an arbitrary choice)--we demonstrate the central role played in this regulation by tests for mental capacity, questions of character, explanation, and imagination. We conclude that medical law, at least in this context, can be theorised as a normalising practice--one in which the determination of norms often occurs through patients.     

Particle size analysis of sediments, soils and related particulate materials for forensic purposes using laser granulometry

Particle size is a fundamental property of any sediment, soil or dust deposit which can provide important clues to nature and provenance. For forensic work, the particle size distribution of sometimes very small samples requires precise determination using a rapid and reliable method with a high resolution. The Coulter trade mark LS230 laser granulometer offers rapid and accurate sizing of particles in the range 0.04-2000 microm for a variety of sample types, including soils, unconsolidated sediments, dusts, powders and other particulate materials. Reliable results are possible for sample weights of just 50 mg. Discrimination between samples is performed on the basis of the shape of the particle size curves and statistical measures of the size distributions. In routine forensic work laser granulometry data can rarely be used in isolation and should be considered in combination with results from other techniques to reach an overall conclusion.     

A case history of the application of social judgment theory to policy formulation

Social judgment theory provides (1) a theoretical framework for understanding the origin of policy quarrels and (2) methods for their resolution. Social judgment theory asserts that differences in policy are often cognitive in origin. Such cognitive differences are produced by the highly interdependent aspects of the more or less unreliable environments within which policies are made. Discussion alone is often insufficient for resolving policy differences because the covert, inconsistent nature of human judgment prevents individuals from accurately describing their cognitive processes. Consequently, judgmental aids, such as computer graphics technology and input-output analysis, are necessary in order to externalize and thus to clarify the causes of disagreement. Social judgment theory, computer graphics technology, and input-output analysis were successfully employed both in formulating an agency-wide policy as well as specifying how this policy would be implemented. Empirical support for the theoretical position was thus obtained.     

Improving data utilization: the case-wise alternative

Both research and practical experience suggest that alternative forms of data analysis and presentation may affect their use in the policy arena. The variable-wise alternative produces estimates of population parameters through conventional statistical techniques. The case-wise alternative defines and identifies qualitatively distinct types of cases through techniques of numerical taxonomy. In the experiment reported here, variable-wise and case-wise presentations of Census data on poverty were used to compare the effects of the alternatives on policy makers in a priority-setting task. The results show that the case-wise alternative can improve utilization, assimilation, recall, and recognition of the data. Under the circumstances examined here, the case-wise alternative is a practical means of increasing the return on the public's investment in data resources to improve policy decisions.     

The effects of outlier presence,plaintiff population size,and aggregation of plaintiffs on simulated civil jury decisions

An experiment was performed to determine the effects of the size of the plaintiff population, the presence or absence of an outlier, defined as a plaintiff whose injuries were significantly more severe than other plaintiffs, and whether plaintiffs were tried individually or were aggregated in a group. Sixty-six person juries were assigned to one of eleven experimental conditions, listened to a 4-h toxic tort tria, and after deliberating, delivered verdicts on liability, and damage awards. The verdicts were increased significantly by the presence of an outlier and by an increase in the plaintiff population. While the punitive awards were higher in the outlier condition, there was also a tendency for juries to find the company not liable.The meaning of the above findings, as well as the fact that juries exhibited great variability in their verdicts was discussed. Evidence as to the decision-making process of the juries was also gathered and discussed.This research was supported by National Science Foundation Grant SES 860 9892 and by a University of Toledo College of Arts and Sciences Faculty Development Grant. Special thanks to members of the Toledo Repertoire Theatre and University of Toledo Theatre Department for their assistance in preparing the materials for this study.