Une justice plus commerciale qu'industrielle ? Comparaison des attentes d'une « bonne justice » en Suisse

Le but de cet article est triple. D'abord, nous identifions les qualités d'une bonne justice en Suisse, telles que défi nies par les différents acteurs qui forment le tribunal au sens large (juges, gestionnaires de tribunaux, avocats, journalistes, politiciens). Deuxièmement, nous vérifions si ces qualités peuvent coexister avec les valeurs véhiculées par le monde managérial (NGP). Enfin, nous évaluons la manière dont elles cohabitent (hybridation, dominance des unes sur les autres, etc.). Pour ce faire, nous avons analysé une série d'entretiens (56) semi-structurés menés dans des tribunaux de première et seconde instance dans des cours civiles, administratives et criminelles, dans les trois régions linguistiques du pays. Les résultats montrent que les groupes d'acteurs interviewés ont des attentes relativement similaires et qu'elles ne semblent pas être incompatibles avec celles de l'univers managérial. Cependant, lorsqu'ils décrivent la bonne justice, les participants font plus souvent appel à des notions liées au monde commercial qu'au monde industriel contrairement à d'autres études menées auprès d'employés du secteur public suisse, mais dans la lignée de ceux du Québec. L'article ouvre la voie à des recherches ultérieures dont l'objectif sera de tester ces conclusions. Abstract The purpose of this paper is threefold. First, we identify the qualities of good justice in Switzerland, as defi ned by the various actors who form the tribunal in a broad sense (judges, court managers, lawyers, journalists, politicians). Second, we verify if these qualities are compatible with the values conveyed by the managerial universe (NPM). Finally, we evaluate how they coexist (hybridization, dominance over each other, etc.). To do this, we analysed a series of semi-structured interviews (56) conducted in tribunals of fi rst and second instance in civil, administrative,and criminal courts in the three linguistic regions of the country. The results show that the groups of actors interviewed have relatively similar expectations that do not seem to be incompatible with those of the managerial world. However, when describing good justice, the participants refer more frequently to concepts related to the commercial than the industrial world, contrary to other Swiss public servants but in line with those of Quebec, as uncovered by former studies. The article opens up the path to further research whose objective will be to test those conclusions.

Judicialisation and Direct Democracy. Switzerland's Ban on Minaret Construction

Launched by representatives from the Union démocratique du centre (UDC) with the aim of circumventing political and judicial decisions made at both local and national levels, the 2009 federal popular initiative calling for a ban on the construction of minarets rekindled the stigmatisation of Muslims living in Switzerland. Within the prevalent institutional configuration it moreover revived controversies surrounding issues such as direct democracy versus fundamental rights, or "the will of the people" versus "the power of the judges", whether national or international. "Judicialisation" is a polysemous concept. It is not understood here as the transfer to the courts of matters of political significance - in this instance the public regulation of religion - but as a process of juridification (or juridicalisation) in which court rulings were constantly anticipated in the political debate provoked by the popular initiative.

Les Neurosciences au Tribunal: de la responsabilité à la dangerosité

In recent years, an explosion of interest in neuroscience has led to the development of "Neuro-law," a new multidisciplinary field of knowledge whose aim is to examine the impact and role of neuroscientific findings in legal proceedings. Neuroscientific evidence is increasingly being used in US and European courts in criminal trials, as part of psychiatric testimony, nourishing the debate about the legal implications of brain research in psychiatric-legal settings. During these proceedings, the role of forensic psychiatrists is crucial. In most criminal justice systems, their mission consists in accomplishing two basic tasks: assessing the degree of responsibility of the offender and evaluating their future dangerousness. In the first part of our research, we aim to examine the impact of Neuroscientific evidence in the assessment of criminal responsibility, a key concept of law. An initial jurisprudential research leads to conclude that there are significant difficulties and limitations in using neuroscience for the assessment of criminal responsibility. In the current socio-legal context, responsibility assessments are progressively being weakened, whereas dangerousness assessments gain increasing importance in the field of forensic psychiatry. In the second part of our research we concentrate on the impact of using neuroscience for the assessment of dangerousness. We argue that in the current policy era of zero tolerance, judges, confronted with the pressure to ensure public security, may tend to interpret neuroscientific knowledge and data as an objective and reliable way of evaluating one's dangerousness and risk of reoffending, rather than their responsibility. This tendency could be encouraged by a utilitarian approach to punishment, advanced by some recent neuroscientific research which puts into question the existence of free will and responsibility and argues for a rejection of the retributive theory of punishment. Although this shift away from punishment aimed at retribution in favor of a consequentialist approach to criminal law is advanced by some authors as a more progressive and humane approach, we believe that it could lead to the instrumentalisation of neuroscience in the interest of public safety, which can run against the proper exercise of justice and civil liberties of the offenders. By advancing a criminal law regime animated by the consequentialist aim of avoiding social harms through rehabilitation, neuroscience promotes a return to a therapeutical approach to crime which can have serious impact on the kind and the length of sentences imposed on the offenders; if neuroscientific data are interpreted as evidence of dangerousness, rather than responsibility, it is highly likely that judges impose heavier sentences, or/and security measures (in civil law systems), which can be indeterminate in length. Errors and epistemic traps of past criminological movements trying to explain the manifestation of a violent and deviant behavior on a biological and deterministic basis stress the need for caution concerning the use of modern neuroscientific methods in criminal proceedings.

Dial M for Murder: A Case of Passion Killing, Criminal Evidence and Sultanic Power in Medieval India

This paper considers the structures and applications of the criminal judicial system in the Islamic Later Middle Period as it developed in India under the sultans of Delhi (1200-1400 CE). A fundamental issue in crime and punishment is the relationship between sultanic power and religious authority. Particularly at stake in this relationship is the question of who can sanction the highest form of punishment, i.e. the death penalty (siyāsa). Contemporary historians and scholars in the study of religion investigating the relationship between sharīʿa and siyāsa to reveal the extent and limits of sultanic power show a system of governance that allowed for the delegation of authority, particularly in the area of the judiciary, from the sultan down to viziers and judges. Some scholars depict the relationship between the ʿulamāʾ and the sultan as a kind of stand off. The actual dynamics of legal jurisdiction were much more complex. This study proposes a new interpretive framework for understanding the relationship between political power and religious authority through a critical analysis of the criminal judicial system, law, and historical narrative. In particular, I consider a murder case described by Shams al-dīn Sirāj ʿAfīf in one of the most significant histories written in the later Delhi Sultanate, the Tārīkh-i Fīrūzshāhī.

Weight of evidence

Evidence-based Medicine (EBM) has become a major source of medical knowledge. It handles complexities of virtually every method or technique used in research. The knowledge on how the EBM researcher retrieves information, judges for relevance and analyzes derived data is invaluable for the skillful reader of medical scientific reports.

Alterations in The States and Contents of Consciousness: Empirical and Theoretical Aspects

The main purpose of the present doctoral thesis is to investigate subjective experiences and cognitive processes in four different types of altered states of consciousness: naturally occurring dreaming, cognitively induced hypnosis, pharmacologically induced sedation, and pathological psychosis. Both empirical and theoretical research is carried out, resulting in four empirical and four theoretical studies. The thesis begins with a review of the main concepts used in consciousness research, the most influential philosophical and neurobiological theories of subjective experience, the classification of altered states of consciousness, and the main empirical methods used to study consciousness alterations. Next, findings of the original studies are discussed, as follows. Phenomenal consciousness is found to be dissociable from responsiveness, as subjective experiences do occur in unresponsive states, including anaesthetic-induced sedation and natural sleep, as demonstrated by post-awakening subjective reports. Two new tools for the content analysis of subjective experiences and dreams are presented, focusing on the diversity, complexity and dynamics of phenomenal consciousness. In addition, a new experimental paradigm of serial awakenings from non-rapid eye movement sleep is introduced, which enables more rapid sampling of dream reports than has been available in previous studies. It is also suggested that lucid dreaming can be studied using transcranial brain stimulation techniques and systematic analysis of pre-lucid dreaming. For blind judges, dreams of psychotic patients appear to be indistinguishable from waking mentation reports collected from the same patients, which indicates a close resemblance of these states of mind. However, despite phenomenological similarities, dreaming should not be treated as a uniform research model of psychotic or intact consciousness. Contrary to this, there seems to be a multiplicity of routes of how different states of consciousness can be associated. For instance, seemingly identical time perception distortions in different alterations of consciousness may have diverse underlying causes for these distortions. It is also shown that altered states do not necessarily exhibit impaired cognitive processing compared to a baseline waking state of consciousness: a case study of time perception in a hypnotic virtuoso indicates a more consistent perceptual timing under hypnosis than in a waking state. The thesis ends with a brief discussion of the most promising new perspectives for the study of alterations of consciousness.

Sensory evaluation of rice fortified with iron

The objective of this study was to examine sensory differences between conventional rice and iron-fortified Ultra Rice rice (UR) and determine consumer acceptance. Differences between both types of rice were analyzed using the Duo-Trio Test on 37 non-trained judges. The Acceptance Test evaluated general rice appearance, color, aroma and taste by 43 non-trained judges, using a 7-point hedonic scale with extremes ranging from "really disliked" and "really liked." There were no significant differences between the analyzed samples of conventional rice and UR rice using Duo-Trio Test. Mean values from the Acceptance Test for the evaluated attributes (general appearance, color, aroma e taste) were 5.6 and 5.9, corresponding to "liked" and "really liked" according to the hedonic scale, respectively. The iron did not alter the sensory characteristics of the final product, and the iron-fortified rice was well accepted.

Psychophysical estimation of acid intensity and determination of sweet-acid interaction in a fish paste containing glycerol

In a fish paste made with cooked Brazilian flathead (Percophis brasiliensis), glycerol (17%), sodium chloride (1.5%) and potassium sorbate (0.1%) the following acid percentages: 0.2; 0.4; 0.6; 0.8, 1 and 1.5% w/w were incorporated to determine the relationship between added acetic acid and the sensorially perceived intensity, and the effects of the combination of sweet-acid tastes. Tests for paired comparison, ranking and structured verbal scales for sweet and acid attributes and psychophysical test were carried out. There was a perceptible difference among samples for differences of 0.4 units of acid concentration. Samples indicated as sweeter by 89.47% of the judges were those containing a lesser acid concentration. A reduction in glycerol sweetness when increasing acid levels was observed. Acetic acid reduced the sweetness of glycerol and inversely glycerol reduced the acidity of acetic acid. The data obtained with the magnitude estimation test agree with Steven's law.

Sensory profile of Italian salami with coriander (Coriandrum sativum L.) essential oil

The descriptive terminology and sensory prolife of four samples of Italian salami were determined using a methodology based on the Quantitative Descriptive Analysis (QDA). A sensory panel consensually defined sensory descriptors, their respective reference materials, and the descriptive evaluation ballot. Twelve individuals were selected as judges and properly trained. They used the following criteria: discriminating power, reproducibility, and individual consensus. Twelve descriptors were determined showing similarities and differences among the Italian salami samples. Each descriptor was evaluated using a 10 cm non-structured scale. The data were analyzed by ANOVA, Tukey test, and the Principal Component Analysis (PCA). The salami with coriander essential oil (T3) had lower rancid taste and rancid odor, whereas the control (T1) showed high values of these sensory attributes. Regarding brightness, T4 showed the best result. For the other attributes, T1, T2, T3, and T4 were similar.

Influence of color on acceptance and identification of flavor of foods by adults

The sensory characteristics color and flavor of food play an important role not only in the selection, but also in the determination of consumption, satiation, and ingestion. With the objective to determine and evaluate the influence of color on the acceptance and identification of flavor of foods for adults, sensory analysis was performed on jellies by non-trained tasters of both sexes aged between 18 and 60 years (1750 tests). A hedonic scale and combinations of five colors (red, yellow, green, blue and purple) and three flavors (strawberry, pineapple, and limes) were used in the acceptance test totaling 15 samples. In the duo-trio discrimination test, together with the reference sample (R), one sample identical to the reference and another of identical color and different flavor were offered, and the judges were requested to identify the sample that was different from the reference sample. The colors used did not influence the acceptance of the samples (P > 0.05), and as there was not significant interaction between color and flavor. However, the limes flavor negatively influenced acceptance when compared to the other flavors. With regard to flavor differentiation, the colors used did not influence flavor identification (P > 0.05); However, differentiated behavior was identified between females and males, and the latter were more error-prone. Therefore, under the experimental conditions tested, color did not influence the acceptance and identification of the flavor of the samples by adults.

Physicochemical and sensory changes in aged sugarcane spirit submitted to filtering with activated carbon filter

Sugarcane spirit is a drink considered as a national symbol of Brazil. It is produced by large producers and by about 30 thousand small and medium home-distilling producers dispersed throughout the country. The copper originating from the home-distillers can become a serious problem since at high concentrations in beverages it may cause serious human health problems. Therefore, the objective of this study was to investigate the influence of the activated carbon used in commercial filters on the physicochemical and sensory characteristics of aged sugarcane spirit. Analyses of copper, dry extract, alcoholic degree, higher alcohols, volatile acids, aldehydes, esters, furfural, and methanol were performed. The sensory evaluation was performed by seven selected trained judges, who analyzed the yellow color, woody aroma and flavor, and intensity of alcoholic aroma and flavor of the cane spirit before and after the filtration process. The sensory tests were carried out using a 9 cm non-structured intensity scale. A reduction was observed in all compounds analyzed physicochemically, except for the esters, which increased after filtration. This increase is probably due to the esterification of the alcohols and acids present. According to the sensory results obtained, a reduction was observed in the intensity of the yellow color, aroma, and wood flavor characteristics, the major characteristics of the aging process.

"Petit suisse" cheese from kefir: an alternative dessert with microorganisms of probiotic activity

"Petit Suisse" is a creamy cheese. Kefir is a symbiotic mixture of lactic acid bacteria and yeasts with probiotic activity including immunomodulation and balance of intestinal microflora. The present study aims to develop "Petit Suisse" cheese from kefir. Kefir grains were grown in pasteurized cow milk, and after the separation of kefir the serum was discarded and the "Petit Suisse" cheese was prepared using strawberry, mangaba, herbs, and dried tomatoes. The acceptance of the different preparations was evaluated using a nine-point hedonic scale followed by ANOVA. The sweet and salty products were compared by the Student's t-test. Purchase intent was evaluated by the means test and frequency distribution. All products were well accepted by the judges. The product was characterized by low yield, but it can be prepared at home at low cost. The nutritional composition analyses and the variety of flavors as well as the range of age of the judges are alternatives for further studies.

Artificial neural networks (ANN): prediction of sensory measurements from instrumental data

The objective of this study was to predict by means of Artificial Neural Network (ANN), multilayer perceptrons, the texture attributes of light cheesecurds perceived by trained judges based on instrumental texture measurements. Inputs to the network were the instrumental texture measurements of light cheesecurd (imitative and fundamental parameters). Output variables were the sensory attributes consistency and spreadability. Nine light cheesecurd formulations composed of different combinations of fat and water were evaluated. The measurements obtained by the instrumental and sensory analyses of these formulations constituted the data set used for training and validation of the network. Network training was performed using a back-propagation algorithm. The network architecture selected was composed of 8-3-9-2 neurons in its layers, which quickly and accurately predicted the sensory texture attributes studied, showing a high correlation between the predicted and experimental values for the validation data set and excellent generalization ability, with a validation RMSE of 0.0506.

Volatile profile and sensory quality of new varieties of Capsicum chinense pepper

The objective of this study was to compare the sensory quality and the volatile compound profile of new varieties of Capsicum chinense pepper (CNPH 4080 a strain of'Cumari-do-Pará' and BRS Seriema) with a known commercial variety (Biquinho). Volatiles were isolated from the headspace of fresh fruit by SPME and identified by GC-MS. Pickled peppers were produced for sensory evaluation. Aroma descriptors were evaluated by Check-All-That-Apply (CATA) method, and the frequency data were submitted to Correspondence Analysis. Flavor acceptance was assessed by hedonic scale and analyzed by ANOVA. BRS Seriema showed the richest volatile profile, with 55 identified compounds, and up to 40% were compounds with sweet aroma notes. CNPH 4080 showed similar volatile profile to that of Biquinho pepper, but it had higher amounts of pepper-like and green-note compounds. The samples did not differ in terms of flavor acceptance, but they showed differences in aroma quality confirming the differences found in the volatile profiles. The C. chinense varieties developed by Embrapa proved to be more aromatic than Biquinho variety, and were well accepted by the judges.

Labneh with probiotic properties produced from kefir: development and sensory evaluation

The labneh or labaneh is a popular fermented milk in the Middle East. Another fermented product that deserves special mention is kefir since it has probiotic activity and unique sensory, nutritional, and therapeutic properties. The aim of the present study was to develop a functional probiotic labneh using kefir as a fermenting agent and to perform a sensory analysis of the obtained product. Kefir was obtained by growing grains in pasteurized milk. Samples of skimmed and whole labneh were prepared from the inoculation of 5% kefir milk (skimmed/whole) at 28 ºC for 24h, followed by cooling (12-18h) and whey drainage (12-24h), both at 4 ºC. Sensory analysis was performed with 70 untrained panelists using a 9-point scale hedonic in the acceptance tests. The paired t-test was used to compare the differences between the means of the scores obtained, with the significance level of 5%. The labneh prepared showed good acceptance by the judges, and the whole labneh samples had the highest scores in the acceptance test. Further studies on the analysis of microbiological viability, nutritional composition, and determination of shelf life, also to improve acceptability of the low-fat version of the product, are needed.