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    Abstract of Forthcoming Article

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    A H\"older-type inequality on a regular rooted tree

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    We establish an inequality which involves a non-negative function defined on the vertices of a finite mm-ary regular rooted tree. The inequality may be thought of as relating an interaction energy defined on the free vertices of the tree summed over automorphisms of the tree, to a product of sums of powers of the function over vertices at certain levels of the tree. Conjugate powers arise naturally in the inequality, indeed, H\"{o}lder's inequality is a key tool in the proof which uses induction on subgroups of the automorphism group of the tree

    Rape in Victoria as a crime of absolute liability : a departure from both precedent and progressivism

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    In recent decades, a disturbing trend has emerged in Victoria and elsewhere that has witnessed the emergence of statutory rules that accord preferential treatment to prosecutors and complainants in instances where allegations of rape are made. This article examines not only the manifestations of such treatment in the form of Victorian crime legislation, but the means by which the statutory crime of rape in Victoria has been transformed into an offence which, though technically one of mens rea, can effectively be prosecuted as an offence of absolute liability. The piece concludes with a discussion of the likely reasons for this trend as well as the implications of allowing such a serious offence to be prosecuted as one of absolute liability.<br /

    Technology And The Tributaries Of Relational Being

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    Comment on Lynch

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    Bialkin offers a comment on Gerard E. Lynch\u27s article on the role of criminal law in policing corporate misconduct

    Human Essence: Toward A Relational Reconstruction

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    This chapter opens with a social constructionist perspective on human essences. As proposed, essences are not given in nature, but constructed within cultural traditions. Thus, the major challenge is not that of “getting it right” about the essence, but generating accounts that may contribute to society. A criterion of reflective pragmatism is proposed in which questions of contribution and critique prevail. In this light the chapter places in critical light the bio-cognitive and neurological explanations of human nature, especially focusing on the ideological and political implications of these orientations. In contrast, discussion opens on relational conceptions of human essence. Several approaches are considered, including symbolic interactionism and object relations theory in psychoanalysis. However, a fully relational account abandons the individual as the fundamental unit of analysis in favor of relational process out of which the very conception of the individual is formed (or not). Several practical implications are treated including the potentials of relational responsibilit
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