Abstract To create a programming environment for contract dispute resolution, we propose an extension of assumption-based argumentation
into modular assumption-based argumentation in which different modules of argumentation representing [...]
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Abstract According to the EU Consumer Protection Directive a purchaser has the right to ask for either repair or replacement of a defect
product, whereas before in some member countries only one of these remedies were available. It seems to be taken for granted in the Directive and in Green Papers that such a reform is an advantage to the consumers. An analysis of a case at the Supreme Court of Norway demonstrates that the opposite might be true. It will be argued that both purchasers and vendors will be better off if the Directive is interpreted in accordance with economic theory. Harmonization of consumer protection across EU countries might be counterproductive. The analysis is of general interest in the sense that it demonstrates that mandatory changes in rights and obligations among contracting parties may have distributive effects different from what is commonly assumed.
Michael Thomson, Endowed: Regulating the Male Sexed Body Abstract An examination of case law on forced marriage reveals that in addition to physical force, the role of emotional pressure is Vanessa Munro, Law and Politics at the Perimeter: Re-evaluating Key Debates in Feminist Theory Tsachi Keren-Paz, Torts, Egalitarianism and Distributive Justice Journal Feminist Legal [...]
Abstract Considering constitutional judicial review of policy, the power of courts to annul legislation, as a political insurance mechanism
to protect against losses from adverse election outcomes, the paper analyzes three questions: First, under what circumstances a political ruler, who wins an election and the right to propose measures of policy, subjects those measures to the checking powers of an independent judiciary. Second, the net expected gains of a political ruler from granting binary choice to the reviewing judiciary rather than open choice. Third, the equilibrium degree of policy review power granted to the judiciary. Differences in the policy preferences of competing politicians, the judiciary and the status quo, the probability of winning an election and the probability that the judiciary confirms legislation passed by the incumbent emerge as the main determinants of judicial review and its political independence.
Abstract Most industrialized countries have seen part-time employment as a percentage of total employment increasing in the last decade.
This paper presents the results of a comparative study of part-time employment in Spain and the Netherlands. The project comprises a legal comparative study of the effectiveness of the normative solutions provided by the Dutch and Spanish legal orders regarding the protection of part-time workers and the promotion of part-time employment, with special attention paid to the gender dimension of part-time work in both countries; and an analysis, based on data extracted from the European Community Household Panel (1995–2001), of the determinants of part-time employment in both countries and an examination of the extent to which part-time jobs are used as stepping-stones to full-time positions. We have found significant country differences regarding females’ decisions to take part-time jobs. We also have found that, in general, Dutch females are not less likely than their male counterparts to increase the number of hours they work. However, this applies only to those females who are part of a couple or have children younger than 12 years. In Spain, females are 2.6 times less likely than their male counterparts to switch from a part-time to a full-time job.
Abstract
The predictive accuracy of Static-2002 (Hanson & Thornton, Notes on the development of Static-2002 (Corrections Research User
Report No. 2003-01), 2003) was examined in eight samples of sexual offenders (five Canadian, one U.S., one U.K., one Danish; total sample of 3,034). Static-2002 showed moderate ability to rank order the risk for sexual, violent and general (any) recidivism (AUCs of .68, .71, and .70, respectively), and was more accurate than Static-99. These findings support the use of Static-2002 in applied assessments. There were substantial differences across samples, however, in the observed sexual recidivism rates. These differences present new challenges to evaluators wishing to use actuarial risk scores to estimate absolute recidivism rates.
Abstract In Eichmann in Jerusalem, Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer
legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the question of freedom in a binary way. The article argues that Adorno’s philosophy of freedom provides the resources to diagnose and overcome Arendt’s shortcomings. Adorno’s position provides a way of embracing the antinomical character of judgment, by emphasising the need for elements of reason and nature in the phenomenon of freedom. In Adorno’s lights, judgment becomes an attempt to express a ‘spirit of solidarity’ with the tragic status of the potentially free but actually unfree subject of modernity.
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