Judicial Sense Research Articles

Churches, Memory and Justice in Post-Communism

Churches, Memory and Justice in Post-Communism

الصوت والصورة ومدى الاعتداد بهما في الإثبات الجنائي

Evidence and disclosure of the truth is one of the most important issues of concern to the judge to establish sufficient evidence to the commission of the crime and to assign it to the perpetrator, because the right without evidence is nothing. In view of the decline of traditional means and means of proof in proving crimes, harnessing the use of modern scientific means of proof based on scientific arguments is now more than a necessity. Despite the fact that these means, whatever the strength of their argument, require a judicial sense that only the judge has, which serves the case, satisfies justice and achieves the desired goal, in condition of being providedwith differentscientific knowledge so that he can understand and exploit it properly. Keywords - Image, Sound, Crime, Criminal Evidence.

SOCIALINIS KONFLIKTAS IR TEISINĖ PRAKTIKA LIETUVOJE

Straipsnyje analizuojama socialinio konflikto plačiuoju požiūriu – valstybės valdžios institucijų tarpusavio santykio, visuomenės santykio (nepasitikėjimo) teismu, konflikto „populiarumo“, t. y. bylų gausos teismuose, tema. Straipsnyje parodomas teisinės praktikos plačiuoju požiūriu (įstatymų leidybos, teismų praktikos, socialinės ir teisinės tradicijos) ir socialinio konflikto ryšys, atskleidžiama pirmosios įtaka antrajam.

The Role of Forestry in the Development and Reform of Green Belts

Forests and forestry have played an important role in the implementation of green belts. They offer important lessons for green belt planning reform. Experiences have been gained with multi-stakeholder approaches and overcoming stakeholder resistance to open space allocation. Forestry near towns has had to balance the interests of different levels of government, crucial in a time of deregulation and decentralization. Integrative approaches such as urban forestry and community forestry contribute to green space planning beyond the urban–rural divide. Finally, urban forests and community forests are multifunctional landscapes, where ‘forest’ in a judicial sense is only one element.

<i>Dirt for Art’s Sake: Books on Trial from “Madame Bovary” to “Lolita”</i> (review)

Reviewed by: Dirt for Art’s Sake: Books on Trial from “Madame Bovary” to “Lolita” Gregg Mayer (bio) Dirt for Art’s Sake: Books on Trial from “Madame Bovary” to “Lolita,” by Elisabeth Ladenson. Ithaca: Cornell University Press, 2007. 272 pp. $17.95. Dirt for Art’s Sake, a title conspicuously playing on the famous “dirt for dirt’s sake” in Judge John M. Woolsey’s opinion regarding Ulysses,1 offers an engaging history of literary censorship in the nineteenth and twentieth centuries. Writing with a plain style and a touch of humor, Elisabeth Ladenson embarks on a wonderful exploration of how books (and movies) travel from literary obscenity to undisputed classics, her analysis never losing sight of the senseless repetition of the journey.2 [End Page 372] Not surprisingly, James Joyce and Ulysses are a central part of the analysis. Ladenson is an associate professor of French and comparative literature at Columbia University. With a comparativist’s eye, she traces what she defines as two lines of defense to a charge of obscenity: (1) art for art’s sake, elevating art above the chains of societal censorship, and (2) realism, an understanding that art must engage every aspect of life, even at its crudest. Ladenson begins with Gustave Flaubert, including a keen discussion of the 1949 film version of Madame Bovary that collided with the Motion Picture Production Code, requiring departures from Flaubert’s text, and even an actress change so as not to be “too sexy” (39). Ladenson moves through Charles Baudelaire and “The Flowers of Evil” (47), Joyce, Radclyffe Hall, D. H. Lawrence, Henry Miller, and Vladimir Nabokov’s “Lolitigation” (187). Other authors considered include the Marquis de Sade and John Cleland. As is well known, Ulysses first appeared in the United States in March 1918 in the Little Review (91).3 Publication stopped after the thirteenth episode in 1920 because of an obscenity suit. The Little Review’s editors lost their case and could not continue publishing, and Ulysses was an illegal novel when it was published in full in 1922, an act that ultimately reinvigorated the national censorship debate.4 In 1933, Woolsey issued his hallmark opinion, famously opining that the book is “somewhat emetic, [but] nowhere does it tend to be an aphrodisiac” (185). Because of the difficulty in reading Ulysses, Ladenson reminds us, it is “the most unlikely of dirty books” (80). Further complicating the matter is the law’s inability successfully to grapple with obscenity: “An assignment of what art is cannot be comprehended in a judicial sense, although attempts have been made historically to define the concepts of what art is not. . . . [Obscenity statutes] can lead to slicing up areas of creativity based upon the slimmest of emotional causes.”5 Ladenson identifies through Ulysses the separation between “dirty” words used in a sexual sense and “dirty” words that are simply vulgar without sexual overtones: Literary “dirt” is in fact a twofold category, referring alternatively—and often simultaneously—to the “four-letter words” that took on great importance in the trials of Lady Chatterley’s Lover and Tropic of Cancer, for instance, and to the depictions of sexuality that were no less at issue in those same trials. The persistent metaphors of “dirt” and “filth” as well as related terms such as “sewage” to refer to sex in literature and art, all of which were deployed unsparingly when Ulysses was first published, are, moreover, ample testimony to the degree to which eroticism and excretion are conflated not just for the Leopold Blooms of fiction but for their would-be censors as well. In works such as Lawrence’s and Miller’s, as in Ulysses, the use of vulgar terms is for the most part [End Page 373] inseparable from the representations of sexual situations they accompany. (89) Grappling with this troubling conflation further muddies the scope (at least as it is relatively defined) of obscenity. Censorship today seems unlikely to reach the breadth sought at the time of Ulysses,6 but one painful observation in Ladenson’s book refers to the recurrence of foolish censorship prosecutions. The most illustrative case may be her discussion of Flaubert’s Madame Bovary, a book subjected...

Insights From Ricoeur’s Hermeneutics on Best Practice In Professional Service Firms: On Perpetual Myth Creation?

Drawing on the work of Ricoeur, this paper contributes to theorisation of the organisational field in understanding of how structural power operates through professional langue in shaping a construction of individual judgement in professional service firms. As Ricoeur argued that judicial sense may be envisaged as one of the best examples of hermeneutic application (1991: 493), I explore practitioners’ sense making and their interaction with the surrounding structures and its discourse, learned and assimilated during the formative years in the context of audit practice. The interviews-based story provides an illustration of (1) the processes of socialisation that are geared towards conceptions of what constitutes professional best practice, where the professional learns to use judgement and follow structure in particular ways (a perpetuated myth of best practice), and (2) the effects of such formation on the working process. The paper contributes insights into organisational theory in areas of negotiating a balance between institutional requirements (structural conditioning of professional epistemology) and technical demands of hermeneutic function (purposive expert activities) in decision making process. The paper concludes that practitioners assume the appearance of professionalism by adopting a particular professional langue where judgement becomes normative in its own terms. These re-production processes in accordance with organisational frames of references for action may be in opposition to the decisional autonomy, where there may be a space for simultaneously creating (agency) and sharing (structure) on the job. The study reveals that professional langue itself is a place of prejudice and bias on the job.

Argumentative Arbitrariness and Legal Discourse

To make sense of the legal decisions courts offer, oftentimes we cannot rely on a strict judicial sense. Sometimes our explanations require us to engage in juridic-political speculation. This I call argumentative arbitrariness. This concept can serve us well in helping us to make sense of matters of justice as well as in developing critiques of legal order.

Strange Case of Dr Jekyll and Mr Hyde:A Case-Study in Translation?

Translation is able to put the hard question simply. The title itself of Stevenson's Strange Case ofDrJekyll and Mr Hyde forces the translator to decide: what kind of case is the strange one in which Dr Jekyll and Mr Hyde are implicated? For a French translator the question is interestingly vexed, since the English 'case' has a breadth of reference which no French equivalent enjoys. A medical or psychological case is best rendered as un cas. Cas does also have a judicial sense, but does not translate 'case' in the sense of a detective case.2 This is more accurately translated by the word affaire? Both the medical and detective uses of 'case' are clearly available to Stevenson, since, as we shall see, he uses them in his text. So which should it be? The translator is right to pause over the word in Stevenson's title. The local problem of how to translate a single word raises here the fundamental question of what kind of story the novel tells. Is Strange Case of Dr Jekyll and Mr Hyde, to borrow the definitions of the OED, 'a record of the progress of disease in an individual', or is it rather an account of 'a set of circumstances requiring investigation by the police or other detective agency'? Is it, in other words, un cas or une affaire} Translations of Strange Case ofDrJekyll and Mr Hyde in the word's widest sense of critical summaries and film versions as well as translations into other languages have overwhelmingly assumed the answer to be cas. The novel emerges from these translations as a psychological case-history of Jekyll with a wider social significance. Rosemary Jackson's description of the novel sets out this view: it is 'usually seen as the clearest allegory of Victorian hypocrisy and repression ... The other side of the human returns to act out latent libidinal

The Scales of Injustice: Comments on Heinrich Boll's Die Waage der Baleks

Heinrich B611's novella Waage der Baleks from the collection So war Abend und Morgen of 19551 has generally been regarded as an unequivocal indictment of the ills besetting a corrupt society and its economic structure. The decisive event in the story-the discovery by the narrator's grandfather, little Franz Briicher, that the ancestral scale on which the Balek family had for five generations based its calculations in meting out payments for the herbs collected by the children of the local citizenry, was defective-lends credence to the view expressed originally by H. W. Waidson that the author's sympathies are with the oppressed, and the short story . .. makes his attitude to the old-time feudal aristocracy abundantly clear.2 This hypothesis of 1959 persisted for almost a decade, so that Wilhelm J. Schwarz could declare in the second edition of his monograph on B611 (1968): Die Geschichte enthiilt Blls Forderung nach sozialer Gerechtigkeit, wie wir sie in vielen seiner Werke finden.3 That the conflict of socio-economic forces would provide grist for the dialectical mills of communist criticism-which, as is well known, grind exceeding small-might be expected. In Giinter Wirth's opinion, for instance, the rival camps-capitalist exploiter on the one side, oppressed proletariat on the other-are clearly delineated: Diese Erzlihlung B6lls, Wirth comments, wird noch bemerkenswerter dadurch, dafB es eine der wenigen aus B611s Feder ist, in der die echten Klassenkampffronten deutlich sichtbar werden-und nicht nur die Fronten des Klassenkampfes; es findet sogar eine Art 'Klassenschlacht' statt ... .,4 One common feature shared by these critical voices-whether from East or West-is the view that the conflict is sharply silhouetted and that the means to remedy the situation can be deduced on the basis of prima facie evidence. The purpose of the present analysis, on the contrary, is to demonstrate that there are numerous aspects of the story which do not lend themselves to comfortable pigeonholing, and that certain facets of the narrative even defy such neat categorization. The case against the Baleks, for instance, is by no means established beyond the shadow of a doubt, at least not in the judicial sense of the term. Neither are the measures of retaliation taken by the irate

AN APPRAISAL OF OVARIAN THERAPY.

An appraisal of ovarian therapy, or of any other subject, must of necessity be tinctured with the personal element of the appraiser, so that it represents merely the point of view of an individual, based on such knowledge of facts as he may happen to possess. It presents more difficulty than does a mere survey of the literature, from which it differs to the same degree that the critique of a book differs from a mere synopsis of the book's contents. An accurate evaluation of such an undeveloped branch of therapeutics as that which forms the subject of this paper presupposes a finer judicial sense than the present writer can lay claim to. It is not easy to steer safely and sanely between the Scylla of over-enthusiasm and the Charybdis of undue skepticism. I may anticipate somewhat by saying that, of the two, Scylla looks much more dangerous to me than does Charybdis,