59,997 research outputs found
A H\"older-type inequality on a regular rooted tree
We establish an inequality which involves a non-negative function defined on
the vertices of a finite -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
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 /
Comment on Lynch
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
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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