(d) Appellate courts in a case like this, where there is room for legitimate judicial difference, should refrain from interfering unless it is considered that the decision reached was based on the application of wrong principles or the case is clearly wrongly decided. Decision of court Appeal dismissed. 4.8 STATUTORY INTERPRETATION: THE RELATIONSHIP BETWEEN CASE LAW AND LEGISLATION 4.8.1 Introduction The discussion of George Mitchell (Chesterhall) Ltd v finney Lock Seeds (1985) has indicated what happens when a problem about the meaning of a statutory provision goes before a court. In this section, attention will be given to statutory interpretation in court. The courts and tribunals have, as one of their most important tasks, the application of legislative rules to various fact situations. They must decide whether these legislative rules apply to given situations. Already in this text there have been several illustrations of words not meaning what they appear to mean. Despite the supposed certainty of statutory rules, rules in ‘fixed verbal form’. Words can change over time, and courts will disagree over the meaning of words. Choices of meaning, not perceived by the drafters, may lie latent in the words and are drawn out in court in a manner defeating intention, narrowing, extending or making meaningless the ambit of the rule. Many people need to apply statutory rules, often this application will be purely routine but sometimes doubts will arise. Such doubts may, or may not, reach court. How do judges set about deciding the meaning of words? Reference has already been made to the three rules of statutory interpretation. The literal, the mischief and the golden rules (see Figure 3.2, above, in the introduction to Chapter 3). These rules it should be remembered are rules of practice not rules of law. Do judges really use the rules of statutory interpretation? If so, which rule do they use first? Judges rarely, if ever, volunteer the information that they are now applying a certain rule of interpretation. Often, judges look to see if there can be a literal meaning to the words used in the disputed statutory rule. However, there is no rule that states that they must use the literal rule first. Holland and Webb (1994) quite correctly assert that interpretation is more a question of judicial style than the use of interpretational rules. Indeed, should a student attempt to use the rules of statutory interpretation as a guide in the interpretation of a statutory word or phrase, the uselessness of the rules as an interpretational tool becomes immediately apparent. However, as a justificatory label they may have a function. As students gain experience in reading judgments they notice vast differences in judicial styles. Some judgments seem to be based on a blow by blow analysis of precedents and earlier usage of words, others seem based on tenuous common sense rationales. Decisions based on the external context of the statute will be identified. This covers situations where judicial decision making appears to be based on issues of

2012 ◽  
pp. 117-117
Nuncius ◽  
2019 ◽  
Vol 34 (3) ◽  
pp. 602-634 ◽  
Author(s):  
Claudio Pogliano

Abstract In this article two protagonists of nineteenth-century anthropological culture, Samuel George Morton and Paul Broca, are presented as the embodiment of mainstream stances on the relationship between brain and race. More or less close to their successful raciological tenets, a host of other names might be recalled. However, the main purpose here is to point out some ‘deviant’ opinions that challenged the scientific common sense of an epoch, starting with the nigrophilie expressed by the abbé Grégoire early in the century, to then discuss the cautious ‘egalitarianism’ professed by James Cowles Prichard and William Hamilton or the more explicit view sustained, over time, by Friedrich Tiedemann and Luigi Calori. Their focus was the influence of the brain – its shape, volume, and weight – on intellectual and moral manifestations: a tormented issue that for decades was addressed in different ways and with outcomes that always proved inconclusive.


2020 ◽  
pp. 232-254
Author(s):  
Zoe Adams

This chapter draws on the analysis in the previous chapters to illustrate how the courts’ conception of the relationship between law and social practices influences approaches to employment status and, relatedly, the effectiveness of labour law when it comes to securing or coordinating the provision of a ‘social wage’. It does this through the lens of the concept of ‘mutuality of obligation’. The first section explores the concept of ‘mutuality of obligation’ as it is conceived today. The second section then traces the development of this concept over time. The third section concludes with some observations about how the conception of law’s ontology we find implicit in the case law relates to the so-called ‘crisis’ we see today in labour law’s personal scope.


2021 ◽  
Vol 33 (4) ◽  
pp. 221-228
Author(s):  
Xiao Wang

Criminal sentences are rarely reversed for being too long. Of the approximately one million federal sentences imposed in the past fifteen years, appellate courts have only held about two dozen substantively unreasonable. Judges have, even in public statements, described substantive reasonableness review as “functionally nonexistent” and “a waste of time.” Against this backdrop, three decisions from the Sixth Circuit published within the last year are nothing short of remarkable. In each case, the panel concluded that the district court, despite following standard processes and procedures, had nonetheless imposed a substantively unreasonable sentence. This Article examines these cases in detail, to glean lessons for scholars and practitioners. I argue that, in each decision, the Sixth Circuit took a bird’s eye perspective to the issues at hand, reaching a common-sense decision based on aggregative sentencing data, case law, and the defendant’s prior criminal history. These factors, I further argue, provide a model for other appellate courts who hope to engage in more searching substantive reasonableness review. I also acknowledge some limits to the Sixth Circuit’s approach. In each of these three cases, the appellate court reined in district courts for imposing above-guideline sentences. The decisions, however, say little about what—if any—role an appellate court should play in mitigating harsh sentences that are within (or even below) the guidelines. Reform of such sentences may require stakeholders to look elsewhere, including either legislative reform or appointment of a more diverse set of district judges.


2017 ◽  
Vol 13 (2) ◽  
pp. 121-142 ◽  
Author(s):  
Dermot Feenan

AbstractThis paper provides the first overarching exploration and discussion of the relationship between law and compassion, based on a broad review of law and associated literature. The paper reviews the English-language literature worldwide, identifying and analysing key themes. It lays out a number of themes by which the relationship may be examined, including the problematic of defining compassion, addressing the concept of compassion, its components, to whom it is owed and under what conditions it is owed. The paper reviews how compassion is defined in formal law, including in case-law and legislation across a range of common-law and civil-law countries, and in international human rights and humanitarian law−revealing various judicial and legislative approaches to the place, meaning and application of compassion. The discussion of primary and secondary sources suggests a number of ways of thinking about the place or absence of compassion in law: how it helps theorise law, including its normative presuppositions and the conceptualisation of law. The paper concludes with consideration of possible pathways for future research on law and compassion.


2013 ◽  
Vol 34 (2) ◽  
pp. 82-89 ◽  
Author(s):  
Sophie von Stumm

Intelligence-as-knowledge in adulthood is influenced by individual differences in intelligence-as-process (i.e., fluid intelligence) and in personality traits that determine when, where, and how people invest their intelligence over time. Here, the relationship between two investment traits (i.e., Openness to Experience and Need for Cognition), intelligence-as-process and intelligence-as-knowledge, as assessed by a battery of crystallized intelligence tests and a new knowledge measure, was examined. The results showed that (1) both investment traits were positively associated with intelligence-as-knowledge; (2) this effect was stronger for Openness to Experience than for Need for Cognition; and (3) associations between investment and intelligence-as-knowledge reduced when adjusting for intelligence-as-process but remained mostly significant.


2020 ◽  
Vol 19 (3) ◽  
pp. 135-141
Author(s):  
Kenneth D. Locke

Abstract. Person–job (or needs–supplies) discrepancy/fit theories posit that job satisfaction depends on work supplying what employees want and thus expect associations between having supervisory power and job satisfaction to be more positive in individuals who value power and in societies that endorse power values and power distance (e.g., respecting/obeying superiors). Using multilevel modeling on 30,683 European Social Survey respondents from 31 countries revealed that overseeing supervisees was positively associated with job satisfaction, and as hypothesized, this association was stronger among individuals with stronger power values and in nations with greater levels of power values or power distance. The results suggest that workplace power can have a meaningful impact on job satisfaction, especially over time in individuals or societies that esteem power.


Author(s):  
Melanie K. T. Takarangi ◽  
Deryn Strange

When people are told that their negative memories are worse than other people’s, do they later remember those events differently? We asked participants to recall a recent negative memory then, 24 h later, we gave some participants feedback about the emotional impact of their event – stating it was more or less negative compared to other people’s experiences. One week later, participants recalled the event again. We predicted that if feedback affected how participants remembered their negative experiences, their ratings of the memory’s characteristics should change over time. That is, when participants are told that their negative event is extremely negative, their memories should be more vivid, recollected strongly, and remembered from a personal perspective, compared to participants in the other conditions. Our results provide support for this hypothesis. We suggest that external feedback might be a potential mechanism in the relationship between negative memories and psychological well-being.


2013 ◽  
Vol 10 (1) ◽  
pp. 11-22 ◽  
Author(s):  
Peggy Levitt ◽  
Deepak Lamba-Nieves

This article explores how the conceptualization, management, and measurement of time affect the migration-development nexus. We focus on how social remittances transform the meaning and worth of time, thereby changing how these ideas and practices are accepted and valued and recalibrating the relationship between migration and development. Our data reveal the need to pay closer attention to how migration’s impacts shift over time in response to its changing significance, rhythms, and horizons. How does migrants’ social influence affect and change the needs, values, and mind-frames of non-migrants? How do the ways in which social remittances are constructed, perceived, and accepted change over time for their senders and receivers?


2014 ◽  
Vol 12 (2) ◽  
pp. 165-182 ◽  
Author(s):  
Tertia Barnett ◽  
Maria Guagnin

This article examines the relationship between rock art and landscape use by pastoral groups and early settled communities in the central Sahara from around 6000 BC to 1000 AD. During this period the region experienced significant climatic and environmental fluctuations. Using new results from a systematic survey in the Wadi al-Ajal, south-west Libya, our research combines data from over 2000 engraved rock art panels with local archaeological and palaeoenvironmental evidence within a GIS model. Spatial analysis of these data indicates a correspondence between the frequency of rock art sites and human settlement over time. However, while changes in settlement location were guided primarily by the constraints on accessibility imposed by surface water, the distribution of rock art relates to the availability of pasture and patterns of movement through the landscape. Although the reasons for these movements undoubtedly altered over time, natural routes that connected the Wadi al-Ajal and areas to the south continued to be a focus for carvings over several thousand years.


1992 ◽  
Vol 23 (1) ◽  
pp. 13-26 ◽  
Author(s):  
W. H. Hendershot ◽  
L. Mendes ◽  
H. Lalande ◽  
F. Courchesne ◽  
S. Savoie

In order to determine how water flowpath controls stream chemistry, we studied both soil and stream water during spring snowmelt, 1985. Soil solution concentrations of base cations were relatively constant over time indicating that cation exchange was controlling cation concentrations. Similarly SO4 adsorption-desorption or precipitation-dissolution reactions with the matrix were controlling its concentrations. On the other hand, NO3 appeared to be controlled by uptake by plants or microorganisms or by denitrification since their concentrations in the soil fell abruptly as snowmelt proceeded. Dissolved Al and pH varied vertically in the soil profile and their pattern in the stream indicated clearly the importance of water flowpath on stream chemistry. Although Al increased as pH decreased, the relationship does not appear to be controlled by gibbsite. The best fit of calculated dissolved inorganic Al was obtained using AlOHSO4 with a solubility less than that of pure crystalline jurbanite.


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