The Law beneath Rights' Feet. Preliminary Investigation for a Study of the Charter of Fundamental Rights of the European Union

This article is meant as a philosophical preface to the study of the European Charter of Fundamental Rights. In particular, attention is focused on a particular legal positivistic reading of legislation as a political moment which would not allow for transcendental rights. This view is rejected by pointing out how much the notion of citizenship and consequently of fundamental rights is central for the democratic, and in some case even for the legal positivistic, celebration of legislation. In the last section a few conclusions are drawn as far as the scope of the Charter is concerned. In particular, any interpretation of it in the framework of the so–called regulatory paradigm (which gives up the democratic connection between deliberation and representation) is considered incoherent and self–defeating. In addition the principle of indivisibility of rights is evoked in defence of the validity of social rights within the Charter.     

THE POLICY IMPACT OF NO-FAULT AUTOMOBILE INSURANCE

This study examines the impact of four different types of no-fault automobile insurance laws on the risk adjusted price of insurance. No-fault insurance plans are in operation in 23 states. Using data from 1976 to 1984 for 49 states, the study found that no-fault plans limiting litigation result in lower prices for automobile insurance. This relationship holds even under controls for several variables that also affect the price of automobile insurance.     

Government stewardship and primary health care in Guatemala since 1996

This article analyzes the role of government stewardship in the expansion of primary health care in post‐conflict Guatemala. By the time the Peace Accords were signed in 1996, the country's primary health care system was scarcely functioning with virtually no services available in rural indigenous areas. To address this gaping void/deficiency, the Ministry of Public Health and Social Assistance (MSPAS) embarked on a progressive expansion of primary services aimed at covering the majority of rural poor. Through a series of legal, policy, and program reforms up to 2014, the MSPAS dramatically expanded primary coverage and greatly improved basic health indicators for the entire population. To succeed in this effort, the MSPAS and its partners needed to simultaneously grow their stewardship capacity to oversee and develop the primary health system. On the basis of recent health systems strengthening literature, we propose a stewardship framework of 6 critical functions and use it to analyze the gains in government capacity that enabled the achievement of many of the country's primary health goals. Of the 6 stewardship functions, “building relationships, coalitions, and partnerships” especially with civil society organizations stands out as one of the keys to MSPAS success.     

“The Long and Winding Road”: A Comparative Policy Analysis of Multilevel Judicial Implementation of Work‒Life Balance in Spain

ABSTRACT

This article studies how processes of policy implementation and the impact of a multilevel European legal order shape social policies. By using an interdisciplinary approach to comparative policy analysis that investigates policy implementation through the critical study of judicial litigation, the article analyses the case of García Mateos on work?life balance in its different stages before Spanish and supranational courts. It shows that the implementation of work?life balance policy through litigation in Spain is a “long and winding road” paved with discursive and material opportunities and obstacles. While multiple pressures, actors, and framings at different governmental levels contributed to a favourable judicial decision on gender equality, norms about the gendered division of labour limited its transformative potential.     

Fatal intoxication with labetalol (Trandate)

The dead body of a 44-year-old woman, previously known for depression and alcoholism, has been discovered at her place of residence by her husband. A forensic autopsy has been carried out. The results indicated unspecific histological lesions (alveolar oedema, liver steatosis and interstitial nephritis) but did not reveal any apparent cause of death. Several boxes of medicines have been found near the body, justifying a toxicological analysis. This has been performed on peripheral blood and urine samples using liquid chromatography with diode array and mass spectrometric detections, in conjunction with gas chromatography coupled with mass spectrometry. Ethanol has been found (1.24 g/L in blood, 2.63 g/L in urine and 1.33 g/kg in gastric content), as well as therapeutic concentrations of meprobamate (14.1mg/L) and low concentrations of nordazepam (0.12 mg/L) in blood. On the other hand, particularly high levels of labetalol, a widely used beta-blocker, have been found both in blood (1.7 mg/L) and urine (20.2mg/L), which led us to measure labetalol levels in available viscera samples (liver, heart, kidney, and lung) and gastric content. Measured concentrations were 14.2 microg/g, 7.8 microg/g, 5.4 microg/g, 5.2 microg/g and 31.1 microg/g, respectively. We describe here the first report of a fatal intoxication attributed to labetalol that is linked to its acute toxicity, with tissue distribution of this beta-blocker.     

Sexually violent predator laws and the liberal state: an ominous threat to individual liberty

No other country has taken the idea of the liberal state - a government that relies on the rule of law to limit state power and maximize individual liberty - as seriously as the United States. But now many states are manipulating the government's civil commitment authority to indefinitely confine sex offenders who have served their criminal sentences and are entitled to their freedom in the community. This new system of preventive detention masquerading as civil commitment poses an ominous threat to individual liberty and to the continued vitality of the liberal state.     

Intentional Homicide: A Fifteen-Year Study (2000–2014) at the Department of Forensic Medicine,University of Rome “Sapienza”

This study analyzes postmortem records from 260 homicide cases autopsied by the Department of Forensic Medicine in Rome from 2000 to 2014. The victims were mainly males (74%) and young (61% aged from 21 to 50 years). Although the victims were mostly Italians, the number of foreign victims (33%) has increased since 1990, primarily due to immigration. The offenders frequently used firearms (39%), particularly in multiple murders. An increase in blunt (20%) and sharp force (32%) weapons was also seen. The primary crime scene was residential (42%), and the head was the most frequently injured body region. Male victims occurred frequently in the context of organized crime (7.6%). In family or intimate-sexual relationships, women were the majority of victims (8%). Forensic pathologists play an important role during investigation. They should consider all the information available to them, including autopsy information, crime scene information, and crime investigation data.     

Somewhere Between Love and Justice: a Roman Catholic Church in Paris Responds to the European Migration Crisis

The European migration crisis has had a transformative impact on many transit and destination localities in Europe, and in doing so it has mobilised many faith-based communities. This paper analyses the social action of Saint Bernard de La Chapelle, a Roman Catholic parish in northern Paris, which hosts a semi-formal association called Solidarités Saint Bernard (SSB) involved in support and relief activities for indigent migrants in the local area. Based on ethnographic research conducted within the parish and the association, I analyse how the topic of migration has become a point of exchange between the parish community and local civil society, how religious and secular discourses and motivations co-exist within SSB, and how these influences shape SSB’s social action. Through this micro-scale approach, and drawing on Luc Boltanski’s theoretical framework of regimes of action, my aim is to identify conceptual elements to better understand the broad convergence between religion, social action, and migration, and to better understand the relation between charity and justice within faith-based social action in the domain of migration advocacy more specifically.     

Thomas Paine's influence on the Girondin constitutional project of 1793

This article aims to investigate what may have been Thomas Paine's influence on the Girondin constitutional project presented by Marie-Jean-Antoine-Nicolas de Caritat Condorcet to the French National Convention, of which he was a member, on 14 and 15 February 1793. Indeed, the English radical was part of the nine-member committee, by the majority Girondin faction, in charge of drafting a new constitution for France. That project, which was accompanied by a Declaration of Rights, never came to fruition, but it has always been recognized as an important document for the interpretation of the evolutionary dynamics that characterized the French revolutionary period. Many of the provisions in the constitution recall Painite political thought, and studying this element can also be useful for understanding the links between the American and French Revolutions, given the fact that Paine actively participated in the experience of institutional upheaval initiated by the American colonists in 1775. The English thinker elaborated a political theory in his writings inspired by the most important democratic principles and based on respect and protection of fundamental human rights, all elements that, in their different mode of expression and declinations, can be found again in the Girondin constitutional charter of 1793.