Rules,Institutions, Transformations. Considerations on the “Evolution of Law” Paradigm

The article's main objective is to test the merits of the evolutionary paradigm as it has been applied first to social phenomena and then more specifically to the legal domain. In a preliminary move, a set of the available concepts of law is worked out. A discussion of the idea of evolution and of its use in the social sciences follows. Functionalism and systems theory are scrutinized, with a close eye to the new doctrine of “autopoiesis.” Once an institutional and normative concept of law is agreed upon, attempts to introduce an “evolutionary” paradigm are deemed—the article contends—to be unfruitful. The article concludes that, if law needs a metaphysics, it should be one which allows for change, transformation and the emergence of the radically new. A social universe without gaps, all possible forms of which are determined from the beginning, will end up as the opposite of what we are used to considering as the practice of law.     

Special Issue “The Reasonable Interpreter. Perspectives on Legal and Non-Legal Semiotics”. Introduction

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

The Design and Execution of Performance Management Systems at State Level: A Comparative Analysis of Italy and Malaysia

This comparative study analyses the experience of Italy and Malaysia in the design and execution of performance management systems at the state level. The article investigates how performance management systems have changed over the past decades, the motivations behind their metamorphoses, their common elements across the two countries, and what accounts for the respective progress. It also investigates the role that the institutional framework plays in making performance management systems robust. The study presents policy recommendations on how governments can create more robust performance management systems for enhanced accountability and transparency in an age of resource constraint.     

Applying a Dynamic Performance Management Framework to Wicked Issues: How Coproduction Helps to Transform Young People’s Services in Surrey County Council,UK

ABSTRACT

This article explores how a dynamic performance management (DPM) approach can give policy makers a more integrated, time-related understanding of how to address wicked problems successfully. The article highlights how an outcome-based approach to solving wicked policy problems has to balance three very contrasting objectives of stakeholders in the policy making process – improving service quality, improving quality of life outcomes and improving conformity to the principles of public governance. Simultaneous achievement of these three objectives may not be feasible, as they may form an interactive dynamic system. However the balancing act between them may be achieved by the use of DPM. Policy insights from this novel approach are illustrated through a case study of a highly successful co-production intervention to help young people with multiple disadvantages in Surrey, UK. The implications of DPM are that policy development needs to accept the important roles of emergent strategy and learning mechanisms, rather than attempting ‘blueprint’ strategic planning and control mechanisms. Some expectations about the results may indeed be justifiable in particular policy systems, as clustering of quality of life outcomes and outcomes in the achievement of governance principles is likely, because behaviours are strongly inter-related. However, this clustering can never be taken for granted but must be tested in each specific policy context. Undertaking simulations with the model and recalibrating it through time, as experience builds up, may allow learning in relation to overcoming barriers to achieving outcomes in the system.     

Birds of a feather flock together: trust in government,political selection and electoral punishment

Public Choice - Although often at the heart of the public debate, the underlying determinants of political selection and voters’ punishment of corrupt politicians remain poorly investigated....     

Chronic hydrocephalus and alcohol abuse in a young male suicide

The paper describes a case of suicide in a young man affected by compensated chronic hydrocephalus who was subject to alcohol abuse. The case was studied by means of a complex set of analyses, including circumstantial and clinical data, anatomohistopathological findings, and chemicotoxicologic tests. What clearly emerges in the case is the importance of a continuing neuropsychological follow-up in patients with shunted hydrocephalus. The forensic interest in the case is due to the peculiar autopsy findings discussed in relation to the possible causes of sudden death in subjects with hydrocephalus.     

"Volunteering by chance" to promote civic responsibility and civic engagement: does it work?

This study investigated the effectiveness of a program to promote civic responsibility and prevent antisocial behavior in a sample of Italian adolescents. Participants were 83 Italian male adolescents, attending the second year of high school (Mean age = 15.79; SD = 0.87). In order to test the efficacy of different strategies (in-classroom training and service activity in a voluntary organization) we divided students into two experimental groups--one classroom of students participated in both strategies (training + volunteering group) and another classroom only participated in the training (training only group)--and one control group. Process and efficacy evaluations were completed. Data were collected before and following the intervention. The process evaluation revealed that the program was highly accepted and appreciated by students. The efficacy evaluation revealed no intervention effects on civic responsibility. However, the training + volunteering group reported a significant decrease in antisocial behavior after the program. Thus, the program was effective in preventing antisocial behavior but not in promoting civic responsibility in our sample.     

Trigemino‐Cardiac Reflex as Lethal Mechanism in a Suicidal Fire Death Case

In the vast majority of immediate fire deaths, the mechanism of death is inhalation of toxic gases (especially carbon monoxide), direct thermal injury, or neurogenic shock due to the redistribution of the body's blood volume produced by surface heat on the skin. We present a suicidal case that is unusual because the mechanism of immediate fire death could arguably be explained in terms of a primitive autonomic reflex/the trigemino‐cardiac reflex. Although this reflex is well known to surgeons and anesthetists, with possible lethal consequences in the course of invasive surgical procedures on the head and neck region, it is much less familiar to forensic pathologists.