Impulse control and criminal responsibility: lessons from neuroscience

Almost all of the world's legal systems recognize the "M'Naghten" exception to criminal responsibility: the inability to appreciate the wrongfulness of action. This exception rests on the assumption that punishment is morally justified only if the defendant was able to choose whether to do wrong. Jurists and jurisdictions differ, however, on whether to extend M'Naghten's logic to cases where the defendant understood the wrongfulness of an act but was incapable of resisting an impulse to commit it. In this article I ask whether contemporary neuroscience can help lawmakers to decide whether to adopt or retain this defense, known variously as the "irresistible impulse" defense or the "control" or "volitional" test for insanity. More specifically, I ask firstly, whether it is empirically true that a person can understand the wrongfulness of an act yet be powerless to refrain from committing it; and second (assuming an affirmative answer to the first), whether the law of criminal responsibility can practically accommodate this phenomenon? After canvassing the relevant neuroscientific literature, I conclude that the answer to the first question is "yes." After examining the varied treatment of the defense in the United States and other nations, I also give an affirmative answer to the second question, but only in limited circumstances. In short, the defense of irresistible impulse should be recognized, but only when it can be shown that the defendant experienced a total incapacity to control his or her conduct in the circumstances.     

The relationship of negative self-schemas and insecure partner attachment styles with anger experience and expression among male batterers

The purpose of the study was to explore how negative self-schemas and partner attachments were related to the experience and expression of anger (i.e., trait anger, inward and outward expression of anger) in a sample of male batterers (n = 40) who participated in court-mandated group services. They completed the Experience in Close Relationships (ECR), the Young Schema Questionnaire-2 (YSQ-2), the State-Trait Anger Expression Inventory-2 (STAXI-2), and a demographic sheet. Male batterers who experienced pervasive anger (i.e., trait anger) tended to experience negative self-schemas associated with the Impaired Limits domain (respecting the rights of others, insufficient self-control, entitlement). Male batterers who tended to suppress their anger tended to feel avoidantly attached to their romantic partner and endorsed negative self-schemas associated with the Disconnection and Rejection domain (abandonment, emotional deprivation, defectiveness/shame). Implications for clinical practice with male offenders and future research are discussed.     

Is Mexican democracy consolidated?

In the wake of Mexico's electoral watershed of 2 July 2000, many scholars are willing to classify the country as an electoral democracy, yet debate persists over whether Mexican democracy is consolidated. This article seeks to advance this debate by clarifying the meaning of the term democratic ‘consolidation’ and how it should be operationalised. It argues that the concept should refer exclusively to a regime with a low probability of democratic breakdown. This avoids the conceptual confusion created by viewing consolidation as any change that improves the quality of democracy. In terms of measuring consolidation, it maintains the importance of placing greater weight on the proximate cause of regime instability, anti‐democratic behaviour, and discounting more remote causes of democratic breakdown, including economic performance, institution building, and attitudinal support. Based on this understanding, the article explains why Mexican democracy is fully consolidated.     

Procurement policy: The missing element in financial management education

This study emphasizes the need to include purchasing, or procurement, as a topic in the graduate-level public administration curriculum. It notes the absence of purchasing research in mainstream public administration journals and in leading public financial management textbooks. The study also reports the results of a survey mailed to the purchasing directors of the 46 largest U.S. counties outside Florida. The survey was designed to familiarize academians and practitioners with various administrative, legal, structural, and procedural dimensions of county procurement policies. Areas of greatest deficiency are those dealing with protest and appeals procedures and contract monitoring, and to a lesser extent procedures for declaring an emergency, entering into intergovernmental purchasing agreements, and contracting with minority businesses. The most comprehensively-covered elements are those delineating award authority, small purchase authority, methods of soliciting bids, definitions of emergencies and professional services, and procedures for contracting professional services.     

Social security in the european community: co-ordination,harmonization or thirteenth state?

As the magical date December 31, 1992 is drawing closer full economic integration in the European Community is becoming a reality. At the same time it is getting clear that the future economic union has no social counterpart. International, as well as European social security law has been developed along the lines of two different techniques: co-ordination and harrnonization. While the former technique leaves the national legislation intact, only regulating cases with international aspects, the latter does have consequences for national law. The co-ordination of national social security law within the European Community is ruled by co-ordination Regulations 140817 1 and 574172. The mere amendment of the existing Regulations seems insufficient to create a social dimension within the European Community.Moreover, the co-ordination technique seems handicapped by its intrinsical complexity. A genuine harmonization, on the other hand, seems both for political and technical reasons impossible

in the short run. The Thirteenth State scenario aims both at offering an alternative for the complexity of co-ordination and providing a first impetus towards harmonization. This scenario was elaborated by a team of specialists at the University of Leuven, Belgium. The result of this research is an extensive blue-print for a European Community social insurance scheme.The authors offer an overview of the main goals of the scenario and a number of basic choices that have been made in develop-ing it. Finally they give some comments on the legal grounds for a European social insurance scheme and on the problems concerned with the elaboration of the administrative structure for such a scheme.     

Dimitar D. Gueorguiev,Retrofitting Leninism: Participation Without Democracy in China

Journal of Chinese Political Science -