Trial and Error – Failing and Learning in Criminal Proceedings

This paper addresses the selective mechanisms by which criminal proceedings produce strong arguments. It does so by focusing on the failing of argument themes (topoi) in the course of criminal proceedings, rather than on their career. In a further step, the notion of failing is bound to learning: different forms of failing point at different ways and places of learning. The study is comparative, relating cases from four different legal regimes (England, USA, Italy and Germany) that are taken from four extensive ethnographic studies in defense lawyer’s firms. We will track down the failures of topoi at three different stages (pre-trial, trial, and deliberation) in our different legal regimes. Failing occurs in all proceedings in various modes and at different stages. We argue that those modes as well as the different stages at which they occur point at the spots in the respective procedures that allow for learning about the inherent conceptions of “good reasons.”     

Constructing Population Control: Social and Material Factors in Norm Emergence and Diffusion

To demonstrate that norms have independent causal power, constructivists de-emphasise material factors related to state interests and highlight social factors. Similarly, they conceptualise international organisations as autonomous from state influence, and focus on cases featuring non-state actors that stimulate a “tipping point” of norm diffusion among states in advance of state sponsorship. By contrast, this article utilises an historical materialist approach that admits both social and material data to examine the contrasting case of population control. It finds that US corporate foundations, eugenist demographers, feminist birth control activists and related NGOs conceptualised and promoted population control in the United States, at the United Nations, and across developing countries. However, the tipping point of norm diffusion occurred only after the United States publicly advocated population control. Indeed, material and social factors were inextricably bound together.     

Moral Rights,Judicial Review,and Democracy: A Response to Horacio Spector

Law and Philosophy -     

Custody decisions in Alabama before and after the abolition of the tender years doctrine

This study investigated the impact of the abolition of the tender years doctrine on custody decisions in divorce cases. This doctrine supported the presumption that the mother is the more suitable parent for young children. In March of 1981, the Supreme Court of the State of Alabama found this doctrine to be unconstitutional. To assess the hypothesis that this ruling had a significant effect on custodyrelated decisions, a sample of court records for divorce cases in an Alabama county was examined as representative of the state on a number of key variables. Overall, no significant differences were found on indicator variables for the comparisons before and after the ruling. There was neither an increase in custody grants to fathers nor an increase in custody requests by fathers.     

Between a rock and a hard place: The Swedish social democratic party into Europe

Goran Therborn, European Modernity and Beyond: The Trajectory of European Societies, (Sage, London 1995). 403pp. ISBN 8039 8934 2.

John McGany and Brendan O'Leary, Explaining Northern Ireland, (Blackwell, Oxford 1995). 535pp. ISBN 0–631–18349–3.     

The hospice movement and its implications

Hospices, unheard of in this country a few years ago, have become a fast-growing American phenomenon. They promise effective pain relief for terminal cancer patients as well as a warm, homey atmosphere where fear and loneliness are minimized. Hospices are basically a creation of the British and it is still unclear how--or even whether--the principles they embody can be successfully incorporated into American medicine. However, hospices can make an important philosophical contribution by showing the way toward removing the stigma attached to death. Hospice principles also have implications for all of health care, in emphasizing the importance of treating the whole person rather than just the disease.     

Decommodification and the Workfare State

Two related concepts have been used to understand the welfare state –'decommodification' and the 'workfare' or the 'competition' state, as it relates to processes of 'recommodification'. I show how these related literatures may be integrated in order to enhance our understanding of current labour market policies. Applying these concepts to an analysis of the ideas and policies of New Labour leads to the conclusion that state welfare services are being reconfigured to serve more effectively the needs of the market, through a process of 'administrative recommodification'.