Grief reactions and effective negotiation

Conclusion In the event of death, society has in place a wide range of rituals and supports designed to help mourners deal with their grief. It may be that assigning blame and seeking legal recourse has become a significant ritual for those who have sustained other types of losses and, in some situations, loss through death as well. However, unlike societal death rituals, which guide the mourners, no guidelines exist to help negotiators address the impact of grief on their clients. Thus, in this article, insights gleaned from studies of grief, loss, and separation have been examined in an effort to develop an awareness of the impact of grief reactions on the parties to negotiation.Grief reactions—ranging from denial, bargaining, anger, depression, and guilt to acceptance—serve a useful purpose for those who have sustained grievous losses. Consequently, a better understanding of grief factors may be advantageous to negotiators and, more importantly, to their clients. Such considerations may help challenge perceptions of other parties that may otherwise be prejudicial to one's client (as in the Lindy Chamberlain case) and assist negotiators in trying to anticipate, and thus protect their clients from, grief-related reactions of other parties. In the large number of cases where negotiation and settlement discussions are not only critical but also decisive, grief theory may provide negotiators with better insight into client, and other party, interests and may help them to formulate advice and intervention strategies that take the impact of various grief reactions into account. Nancy Lewis Buck is an attorney and social worker, currently completing a doctoral dissertation at Yale Law School. Her mailing address is 9 Surrey St., Cambridge, Mass. 02138.     

Using the Delphi process to analyze social policy implementation: A post hoc case from vocational rehabilitation

This study uses a Policy Delphi to discern differences in perspective among and within groups responsible for formulating and implementing vocational rehabilitation policy. Four groups of players were chosen for our analysis: government officials, academics, directors of rehabilitation centers, and the staff who interface with program participants. Significant differences were found between the groups regarding the relative importance of possible legislative goals. This suggests that the failure of vocational rehabilitation policy to promote a work agenda may be attributed to a lack of consensus among policy implementors. The Delphi technique could help policy planners understand the different perspectives within the implementation community, and hence craft more realistic legislation.     

Searching for graves using geophysical technology: field tests with ground penetrating radar,magnetometry, and electrical resistivity

Field experiments were conducted using three types of geophysical equipment in a variety of situations. The goal of the study was to ascertain the relative utility of this technology for non-geophysical expert forensic professionals searching for buried human remains. The study concludes that the equipment should be used with caution after a critical evaluation of specific field conditions, and more refinement of technical methods and skills should be developed.     

Personality Traits are Related to Intimate Partner Violence Among Securely Attached Individuals

The general assumption has been that male batterers from clinical samples were mostly insecurely attached as compared to non-batterers. Recently, a large group was found (39.4 % of batterers in a clinical sample) whose main attachment style was secure. No previous studies have examined specifically the securely attached batterer. The aim of the present study was to test whether antisocial personality disorder (ASPD) and narcissistic personality disorder (NPD), but not borderline personality disorder (BPD), traits may be related to battering among securely attached individuals. Twenty-seven securely attached batterers, 45 insecurely attached batterers, 40 securely attached controls, and 22 insecurely attached controls who lived in the Netherlands, filled in self-report measures of personality disorder traits (i.e., antisocial, narcissism, borderline) and attachment (i.e., avoidant and anxious). Results showed that ASPD traits explained 19 % of the variance of battering in securely attached individuals. NPD and BPD traits are related to battering among securely attached individuals when NPD and BPD traits were entered alone in the equation.     

Expert Testimony Regarding Child Witnesses: Does It Sensitize Jurors to Forensic Interview Quality?

Does expert testimony on forensic interviews with children help adults distinguish between poorly conducted and well-conducted interviews? This study evaluates the effects of social framework expert testimony regarding child witnesses in a case involving allegations of child sexual abuse. A 2 (Expert Testimony: present or absent) × 3 (Child Forensic Interview Quality: poor, typical, or good) × 2 (Child’s Age: 4- or 10-year-old) factorial design was used to examine whether expert testimony is prejudicial or beneficial to jurors (N = 463). The results revealed that, without expert testimony, mock jurors did not consider the forensic interview quality when reaching a verdict. However, with expert testimony, mock jurors were more likely to render guilty verdicts if the interview quality was good versus poor. Further expert testimony increased mock jurors’ knowledge about child witnesses. These findings suggest that expert testimony related to the impact of interview techniques on the reliability of children’s reports may assist fact-finders in evaluating child abuse cases.     

The Special Case Thesis and the Dual Nature of Law

In this article, I take up two arguments in favor of the discursive model of legal argumentation: the claim to correctness argument and the dual nature thesis. The argument of correctness implies the dual nature thesis, and the dual nature thesis implies a nonpositivistic concept of law. The nonpositivistic concept of law comprises five ideas. One of them is the special case thesis. The special case thesis says that positivistic elements, that is, statutes, precedents, and prevailing doctrines, are necessary for law in order to achieve legal certainty. Without this, law would not be as perfect as it could possibly be. But it says, at the same time, that this alone would not be enough to fulfill the claim to correctness. The claim to correctness refers not only to the real dimension of law, defined by statutes, precedents, and prevailing doctrines, but also to its ideal dimension, defined, first and foremost, by justice. The special case thesis is my oldest thesis. It has remained an essential element of my system over the years. Its connection with four other theses—the Radbruch formula, the human rights thesis, the idea of deliberative democracy, and principles theory—does not change this at all. On the contrary, this connection has lent greater strength to the special case thesis.     

The Nature of Legal Philosophy

Abstract. Philosophy is general and systematic reflection about what there is, what ought to be done or is good, and how knowledge about both is possible. Legal philosophy raises these questions with respect to the law. In so doing, legal philosophy is engaged in reasoning about the nature of law. The arguments addressed to the question of the nature of law revolve around three problems. The first problem addresses the question: In what kinds of entities does the law consist, and how are these entities connected such that they form the overarching entity we call “law”? The answer is that law consists of norms as meaning contents which form a normative system. The second problem addresses the question of how norms as meaning contents are connected with the real world. This connection can be grasped by means of the concepts of authoritative issuance and social efficacy. The latter includes the concept of coercion or force. The third problem addresses the correctness or legitimacy of law, and, by this, the relationship between law and morality. To ask about the nature of law is to ask about necessary relations between the concepts of normative meaning, authoritative issuance as well as social efficacy, and correctness of content.     

Haptics in forensics: The possibilities and advantages in using the haptic device for reconstruction approaches in forensic science

Non-invasive documentation methods such as surface scanning and radiological imaging are gaining in importance in the forensic field. These three-dimensional technologies provide digital 3D data, which are processed and handled in the computer. However, the sense of touch gets lost using the virtual approach. The haptic device enables the use of the sense of touch to handle and feel digital 3D data. The multifunctional application of a haptic device for forensic approaches is evaluated and illustrated in three different cases: the representation of bone fractures of the lower extremities, by traffic accidents, in a non-invasive manner; the comparison of bone injuries with the presumed injury-inflicting instrument; and in a gunshot case, the identification of the gun by the muzzle imprint, and the reconstruction of the holding position of the gun.The 3D models of the bones are generated from the Computed Tomography (CT) images. The 3D models of the exterior injuries, the injury-inflicting tools and the bone injuries, where a higher resolution is necessary, are created by the optical surface scan.The haptic device is used in combination with the software FreeForm Modelling Plus™ for touching the surface of the 3D models to feel the minute injuries and the surface of tools, to reposition displaced bone parts and to compare an injury-causing instrument with an injury.The repositioning of 3D models in a reconstruction is easier, faster and more precisely executed by means of using the sense of touch and with the user-friendly movement in the 3D space. For representation purposes, the fracture lines of bones are coloured. This work demonstrates that the haptic device is a suitable and efficient application in forensic science. The haptic device offers a new way in the handling of digital data in the virtual 3D space.