Knowing and the truth: Three histories of Daugo Island,Papua New Guinea

Courts of law in Melanesian countries, particularly in the aftermath of the colonial period, have attempted to accommodate ‘custom’. In Papua New Guinea they commonly hear land claims under terms of reference that acknowledge the wide variety of customs among the many ethno‐linguistic groups comprising the nation. A corollary of this liberalism is that, in theory, they admit ‘traditional evidence’ including legends and myths. Yet as courts of law they are required to apply some criteria of proof and to search for the ‘truth’ by examining the ‘facts’. A long‐running land case from Papua New Guinea and its aftermath raises interesting questions about what happens when oral history encounters these legal imperatives, and may help us appreciate why Melanesians often do not regard a court's decision as final.     

Can freshwater mites act as forensic tools?

Determination of post-mortem interval often employs analysis of age structure and diversity of saprophilic arthropods (including mites) that have colonized corpses. The majority of research has focused on decomposition processes in terrestrial situations, with relatively few studies on the utility of freshwater invertebrates as forensic agents. Most freshwater mites are predators, detritivores or algivores, and hence seem unlikely candidates as tools for aging or determining original placement of corpses or other bodily remains. The main exceptions to this are some aquatic Astigmata, which have occasionally been observed feeding on the tissues of moribund aquatic animals. Here I investigate Canadian law literature and published forensic research to determine how frequently freshwater mites are included in court cases or are found attending dead bodies. I found only one questionable report of aquatic mites in over 30 years of material from legal databases. Three published research papers reported mites associated with vertebrate flesh in fresh water. Only one paper provided an identification of mites finer than ‘Acari’ or ‘water mites’. In this case, the mites were identified as Hydrozetes (Oribatida). In none of these papers were mites reported to be high in abundance or biomass, and in two of the three publications methodological problems and/or poor reporting of data raised doubts about interpretation of results. I conclude that based on their biology, there is little expectation that freshwater mites should be of great value as forensic tools, and this survey of legal and scientific literature supports my argument.     

Karl Popper,Forensic Science,and Nested Codes

This paper utilizes the framework of Karl Popper’s 3-world ontology to make the case that forensic science is a specialized coding system that establishes meaningful connections between the world of biology (world 1) and the world of human society (world 3). Forensic science is a cross-disciplinary endeavor that uses scientific methods to determine what transpired in a crime so the legal system can determine how to prosecute the offender(s). On a Popperian analysis of forensic science, world 1 consists of evidence gathered at the crime scene, which enables investigators to develop a detailed reconstruction of the incident for consideration under the legal and ethical codes of society, which are products of world 3. Understanding forensic science in this way serves two purposes: first, it extends Marcello Barbieri’s code biology into the realm of philosophical considerations in science, law and ethics; and second, it situates forensic science within the larger context of debates in contemporary philosophy of science.     

Review: domestic animal forensic genetics – biological evidence,genetic markers,analytical approaches and challenges

This review highlights the importance of domestic animal genetic evidence sources, genetic testing, markers and analytical approaches as well as the challenges this field is facing in view of the de facto ‘gold standard’ human DNA identification. Because of the genetic similarity between humans and domestic animals, genetic analysis of domestic animal hair, saliva, urine, blood and other biological material has generated vital investigative leads that have been admitted into a variety of court proceedings, including criminal and civil litigation. Information on validated short tandem repeat, single nucleotide polymorphism and mitochondrial DNA markers and public access to genetic databases for forensic DNA analysis is becoming readily available. Although the fundamental aspects of animal forensic genetic testing may be reliable and acceptable, animal forensic testing still lacks the standardized testing protocols that human genetic profiling requires, probably because of the absence of monetary support from government agencies and the difficulty in promoting cooperation among competing laboratories. Moreover, there is a lack in consensus about how to best present the results and expert opinion to comply with court standards and bear judicial scrutiny. This has been the single most persistent challenge ever since the earliest use of domestic animal forensic genetic testing in a criminal case in the mid‐1990s. Crime laboratory accreditation ensures that genetic test results have the courts’ confidence. Because accreditation requires significant commitments of effort, time and resources, the vast majority of animal forensic genetic laboratories are not accredited nor are their analysts certified forensic examiners. The relevance of domestic animal forensic genetics in the criminal justice system is undeniable. However, further improvements are needed in a wide range of supporting resources, including standardized quality assurance and control protocols for sample handling, evidence testing, statistical analysis and reporting that meet the rules of scientific acceptance, reliability and human forensic identification standards.     

Fleck and the social constitution of scientific objectivity

Ludwik Fleck’s theory of thought-styles has been hailed as a pioneer of constructivist science studies and sociology of scientific knowledge. But this consensus ignores an important feature of Fleck’s epistemology. At the core of his account is the ideal of ‘objective truth, clarity, and accuracy’. I begin with Fleck’s account of modern natural science, locating the ideal of scientific objectivity within his general social epistemology. I then draw on Fleck’s view of scientific objectivity to improve upon reflexive accounts of the origin and development of the theory of thought-styles, and reply to objections that Fleck’s epistemological stance is self-undermining or inconsistent. Explicating the role of scientific objectivity in Fleck’s epistemology reveals his view to be an internally consistent alternative to recent social accounts of scientific objectivity by Harding, Daston and Galison. I use these contrasts to indicate the strengths and weaknesses of Fleck’s innovative social epistemology, and propose modifications to address the latter. The result is a renewed version of Fleck’s social epistemology, which reconciles commitment to scientific objectivity with integrated sociology, history and philosophy of science.     

Forensic culture as epistemic culture: The sociology of forensic science

This paper explores whether we can interpret the notion of ‘forensic culture’ as something akin to what Knorr-Cetina called an ‘epistemic culture’. Can we speak of a ‘forensic culture’, and, if so, how is it similar to, or different from, other epistemic cultures that exist in what is conventionally called ‘science’? This question has important policy implications given the National Academy Science’s (NAS) recent identification of ‘culture’ as one of the problems at the root of what it identified as ‘serious deficiencies’ in U.S. forensic science and ‘scientific culture’ as an antidote to those problems. Finding the NAS’s characterisation of ‘scientific culture’ overly general and naïve, this paper offers a preliminary exploration of what might be called a ‘forensic culture’. Specifically, the paper explores the way in which few of the empirical findings accumulated by sociologists of science about research science seem to apply to forensic science. Instead, forensic science seems to have developed a distinct culture for which a sociological analysis will require new explanatory tools. Faithful sociological analysis of ‘forensic culture’ will be a necessary prerequisite for the kind of culture change prescribed by external reformist bodies like the NAS.     

Forensic cultures in historical perspective: Technologies of witness,testimony, judgment (and justice?)

This article explores the history of forensic science in terms of ideologies and institutions rather than developing technique. It presents an analytical framework for characterising forensic institutions and practices, past and present. That framework highlights the distinct issues of means of witness, accredited testimony, and the reaching of juridical decisions. The article applies the framework by comparing four forensic ‘formations,’ (or ‘cultures’) which have been prominent at various times and places in the western world from the early modern period onward: these are the central European heritage of the Caroline code, a eugenically-oriented forensic enterprise of late nineteenth-century America, the forensic perspective in nineteenth-century British India, and the representation of forensic certainty in contemporary American popular culture. The article concludes with a critique of what seems an increasingly common expectation: that forensic science evolves independently of legal institutions, and can ultimately displace them.     

The weaker sex: Is being male a legally cognizable defect,impairment, or disability?

Compared with women, men die from cancer and coronary artery disease in disproportionately higher numbers and are more susceptible to a host of emotional and developmental disorders. The authors of this article consider what scientific proof or evidence would be required to legally recognize “being male” as a disability, based on the overwhelming number of physical deficiencies to which males are genetically predisposed. The article summarizes major scientific findings on male health problems and explores various laws and policies that might be implicated by treatment of males as a special category recognized by the law. How the law creates categories of individuals and the reasons why these categories are created for legal classification are reviewed. In addition, the potential for a “maleness” defense in the context of criminal law and procedure is assessed. Lastly, the authors examine the policy implications of treating men as a disabled class, and consider how judges, juries, and legislators would view a scientifically based approach to the creation of a class. Given the many false starts in the past, in which the law had embraced what later was shown to be bad science, substantial historical baggage will have to be overcome to convince judges, juries, and legislators that science has now got it in the sense of having established a valid, causal, genetic or biological determinant for behavior. The consideration of a “male deficiency” theory under the law would have to rely on a more inclusive view of legal “disability” and a willingness to allow technologic advances in genetics to inform our understanding of criminal behavior.     

Protecting Future Children from In‐Utero Harm

The actions of pregnant women can cause harm to their future children. However, even if the possible harm is serious and likely to occur, the law will generally not intervene. A pregnant woman is an autonomous person who is entitled to make her own decisions. A fetus in‐utero has no legal right to protection. In striking contrast, the child, if born alive, may sue for injury in‐utero; and the child is entitled to be protected by being removed from her parents if necessary for her protection. Indeed, there is a legal obligation for health professionals to report suspected harm, and for authorities to protect the child's wellbeing. We ask whether such contradictory responses are justified. Should the law intervene where a pregnant woman's actions risk serious and preventable fetal injury? The argument for legal intervention to protect a fetus is sometimes linked to the concept of ‘fetal personhood’ and the moral status of the fetus. In this article we will suggest that even if the fetus is not regarded as a separate person, and does not have the legal or moral status of a child, indeed, even if the fetus is regarded as having no legal or moral status, there is an ethical and legal case for intervening to prevent serious harm to a future child. We examine the arguments for and against intervention on behalf of the future child, drawing on the example of excessive maternal alcohol intake.     

Renegotiating forensic cultures: Between law,science and criminal justice

This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science’s basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable—and may be neutralised—by paying closer attention to criminal adjudication’s normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law.     

Assessing the responses of aquatic macrophytes to the application of a lanthanum modified bentonite clay,at Loch Flemington,Scotland, UK

Loch Flemington is a shallow lake of international conservation and scientific importance. In recent decades, its status has declined as a result of eutrophication and the establishment of non-native invasive aquatic macrophytes. As previous research had identified the lake bed sediments as an important source of phosphorus (P), the P-capping material Phoslock^® was applied to improve water quality. This article documents the responses of the aquatic macrophyte community by comparing data collected between 1988 and 2011. Summer water-column total P concentrations decreased significantly and water clarity increased following treatment. Aquatic plant colonisation depth increased and plant coverage of the lake bed extended. However, the submerged vegetation remained dominated by the non-native Elodea canadensis Michx. Aquatic macrophyte community metrics indicated no significant change in trophic status. Species richness and the number of ‘natural’ eutrophic characteristic species remained broadly similar with no records of rare species of conservation interest. Loch Flemington is still classified as being in ‘unfavourable no change’ condition based on its aquatic macrophytes despite the water quality improvements. The implications of these results are discussed in relation to the future management of Loch Flemington and in the wider context of trying to improve our understanding of lake restoration processes.     

Sperm cell mediated transgenesis: A review

Abstract

Transgenesis would be greatly streamlined if sperm cells could be used as transgene vectors. Attempts to ‘force’ sperm cells to take up transgenes may be more worthy of further study than ‘autouptake’ attempts. However, thorough proof of its effectiveness will be required if sperm cell‐mediated gene transfer is to be accepted, given the evolutionary implications associated with the possibility of sperm cells being able to transfer exogenous DNA.     

Making space for criminalistics: Hans Gross and fin-de-siècle CSI

This article explores the articulation of a novel forensic object—the ‘crime scene’—and its corresponding expert—the investigating officer. Through a detailed engagement with the work of the late nineteenth-century Austrian jurist and criminalist Hans Gross, it analyses the dynamic and reflexive nature of this model of ‘CSI’, emphasising the material, physical, psychological and instrumental means through which the crime scene as a delineated space, and its investigator as a disciplined agent operating within it, jointly came into being. It has a further, historiographic, aim: to move away from the commonplace emphasis in histories of forensics on fin-de-siècle criminology and toward its comparatively under-explored contemporary, criminalistics. In so doing, it opens up new ways of thinking about the crime scene as a defining feature of our present-day forensic culture that recognise its historical contingency and the complex processes at work in its creation and development.     

Where Did Information Go? Reflections on the Logical Status of Information in a Cybernetic and Semiotic Perspective

This article explores the usefulness of interdisciplinarity as method of enquiry by proposing an investigation of the concept of information in the light of semiotics. This is because, as Kull, Deacon, Emmeche, Hoffmeyer and Stjernfelt state, information is an implicitly semiotic term (Biological Theory 4(2):167–173, 2009: 169), but the logical relation between semiosis and information has not been sufficiently clarified yet. Across the history of cybernetics, the concept of information undergoes an uneven development; that is, information is an ‘objective’ entity in first order cybernetics, and becomes a ‘subjective’ entity in second order cybernetics. This contradiction relegates the status of information to that of a ‘true’ or ‘false’ formal logic problem. The present study proposes that a solution to this contradiction can be found in Deely’s reconfiguration of Peirce’s ‘object’ (as found in his triadic model of semiosis) into ‘thing’ and ‘object’ (Deely 1981). This ontology allows one to argue that information is neither ‘true’ nor ‘false’, and to suggest that, when considered in light of its workability, information can be both true and false, and as such it constitutes an organism’s purely objective reality (Deely 2009b). It is stated that in the process of building such a reality, information is ‘motivated’ by environmental, physiological, emotional (including past feelings and expectations) constraints which are, in turn, framed by observership. Information is therefore found in the irreducible cybersemiotic process that links at once all these conditions and that is simultaneously constrained by them. The integration of cybernetics’ and semiotics’ understanding of information shows that history is the analytical principle that grants scientific rigour to interdisciplinary investigations. As such, in any attempt to clarify its epistemological stance (e.g. the semiotic aspect of information), it is argued that biosemiotics does not need only to acknowledge semiotics (as it does), but also cybernetics in its interdisciplinary heritage.     

Genes,genomes and identity. Projections on matter

This paper aims to show that references to genes and genomes are counterproductive in legal and political understandings of what it is to be human and a unique individual. To support this claim, I will give a brief overview of the many incompatible meanings the term ‘identity’ has gathered in reference to genes or genome in the contexts of biology and family ancestry, personal identity, species identity. One finds various and incompatible understandings of these expressions. While genetics is usually considered to deliver definitive knowledge about history and the future, genomics seems to work with more complicated relations between DNA, inheritance and phenotype. In genomics, ‘identity’ is no longer about identification and status markers but about individualization. Regulatory and legal documents project from traits to genomes, implying that the individuality is at least represented, if not created, in a unique genome. Boundaries between humans and other animals, between different ‘kinds’ of humans, and between all individual humans are re‐established via reference to the chemical matter of DNA. My analysis will show how this trend is a reactionary response to modern understandings of identities as social products and that it ignores new biomedical understandings of human bodies.     

Labs and slabs: Television crime drama and the quest for forensic realism

This essay examines how crime dramas produced during, and since, the 1990s became marked by the quest for ‘forensic realism’. In particular, the essay traces a landmark shift in the development of forensic realism in the form of the ground-breaking British police drama Prime Suspect in 1991. It is argued that this television series not only represents a turning point in television history, but that it also constitutes a key text in the broader cultural turn towards forensic fascination. Prime Suspect vividly revealed and displayed corpses, crime scenes and post-mortem photos in an unprecedented fashion for television. This essay shows how in the process it established new standards and expectations regarding the aesthetics and thematic content of the perceived ‘realism’ of the crime genre. Through an analysis of the reception and impact of Prime Suspect the essay also demonstrates how crime drama’s increasing fascination with forensic realism has driven debate over just what kinds of stories and images constitute acceptable or appropriate subject matter for popular entertainment, and for the medium of television itself.     

European stem cell research in legal shackles

Advances in stem cell biology have raised legal challenges to the patentability of stem cells and any derived technologies and processes. In 1999, Oliver Brüstle was granted a patent for the generation and therapeutic use of neural cells derived from human embryonic stem cells (hESCs). The patent was challenged and put before the European Court of Justice, which ruled that inventions involving the prior destruction of human embryos cannot be patented. The legal maneuvering around this case demonstrates that the future of stem cell‐based patents in Europe remains unsettled. Furthermore, owing to the European Court's broad definition of hESC as ‘any cell that is capable of commencing development into a human being,’ novel technologies that could eliminate the need for hESCs, such as induced pluripotent stem cells (iPSCs), are at risk of being included under the same ruling. Advances in the in vitro development of germ cells from pluripotent stem cells may one day provide a direct developmental path from iPSC to oocyte and sperm, and, according to the European Court's reasoning, legally equate iPSCs with human embryos. In this review, we will briefly discuss the Brüstle v Greenpeace case and the implications of the European Court of Justice's ruling. We will identify potential risks for stem cell research and future therapeutics resulting from the broad legal definition of the human embryo. Finally, we will broach the current legal landscape, as this broad definition has also created great uncertainty about the status of human iPSCs.     

A single nucleotide polymorphism melt curve assay employing an intercalating dye probe fluorescence resonance energy transfer for forensic analysis

The characterization and use of DNA sequence polymorphisms are an important aspect of forensic analysis. A number of approaches are being explored for single nucleotide polymorphism (SNP) genotyping, but current detection methods are subject to limitations that adversely impact their utility for forensic analysis. We have developed a novel method for genotyping both single and multiple SNPs that uses an intercalating dye and a probe labeled with a single fluorophore to affect a fluorescence energy transfer. Melting curve analysis is then used to distinguish true alleles from mismatched alleles. We term the new method dye probe fluorescence resonance energy transfer (dpFRET). In the current work, development proceeded at first with synthetic DNA template testing to establish proof of concept for the chemistry involved, followed by the design of polymerase chain reaction (PCR)-based genomic DNA assays to demonstrate potential forensic applications. The loci chosen for testing included both nuclear (MHC DRB) and mitochondrial DNA (cytochrome b) genes. A preliminary assessment of the sensitivity limits of the technology indicated that dpFRET was capable of accurately genotyping DNA from one single diploid cell equivalent. This technology could also potentially impact a wide range of nonforensic disciplines to aid in discovery, screening, and association of DNA sequence polymorphisms.     

Spectacles of migrant ‘illegality’: the scene of exclusion,the obscene of inclusion

Abstract

Border policing and immigration law enforcement produce a spectacle that enacts a scene of ‘exclusion’. Such spectacles render migrant ‘illegality’ visible. Thus, these material practices help to generate a constellation of images and discursive formations, which repetitively supply migrant ‘illegality’ with the semblance of an objective fact. Yet, the more these spectacles fuel anti-immigrant controversy, the more the veritable inclusion of the migrants targeted for exclusion proceeds apace. Their ‘inclusion’ is finally devoted to the subordination of their labour, which is best accomplished only insofar as their incorporation is persistently beleaguered with exclusionary campaigns that ensure that this inclusion is itself a form of subjugation. At stake, then, is a larger sociopolitical (and legal) process of inclusion through exclusion. This we may comprehend as the obscene of inclusion. The castigation of ‘illegals’ thereby supplies the rationale for essentializing citizenship inequalities as categorical differences that then may be racialized.