Legal Audiences

This paper approaches legal argumentation from a rhetorical perspective. It discusses the nature of the audiences that are (and should be) targeted by judges in the legal process. Judicial opinions reach diverse groups of people with very different attitudes and expectations: other judges, lawyers, litigants, concerned citizens, etc. One important way in which these groups differ is that some of them are more likely to be persuaded by legalistic, precedent or statute-based arguments, while others expect judges to decide on grounds of justice or equity. So, judges face the challenge of determining whether they should select particular groups for special attention, or whether they have alternative rhetorical means to approach the problem of audience diversity. One strategy that is likely to be recommended by rhetorical scholars is that judges should not try to accommodate the various preferences of their actual readership, but that they should rather invoke an idealized audience or some version of Chaïm Perelman’s universal audience. However, the paper tries to show that the universal audience is of limited value for a discussion about how judges ought to proceed in the face of audience diversity. In particular, the idea of a universal audience does not help judges to make the choice between a legalistic or an equity-based approach to legal decision-making. By showing that this is so, the paper also raises doubts about the common thought that to invoke the universal audience in law is to appeal to natural law (as distinct from written, positive law).     

Immobility reaction at birth in newborn infant

Objective

To describe an immobility reaction (IR) that was not previously reported at or immediately after birth in human newborns.

Method

We analyzed 31 videos of normal term vaginal deliveries recorded from Time 0 of birth defined as the as the moment that lies between the birth of the thorax and the pelvis of the infant. We searched for perinatal factors associated with newborn's IR.

Results

IR at birth was observed in 8 of the 31 newborns. The main features of their behavior were immobilization, frozen face, shallow breathing and bradycardia. One of the 8 newborns had sudden collapse 2 h after birth. We found significant relationships between maternal prenatal stress (PS) and IR (p = .037), and a close to significant one between infants’ lividness at Time 0 and IR (p = .053). The first breath of the 31 newborns occurred before and was not associated with the first cry (p < .001).

Discussion

The main features of IR at birth are similar to those of the universal most severe response to severe stress or danger. The relationship with PS suggests that children who had IR at birth might be at risk for similar disorders as those associated with PS. Sudden neonatal collapse of one of the IR newborns needs further research to determine if they are at risk for sudden infant death syndrome.

Conclusion

This first report of an IR reaction at birth in human infants could open up new paths for improving early neonatal care. Further research is needed for maternal PS, stress hormones, umbilical cord blood pH measurements in IR newborns. The challenge of education and support for parents of IR newborns is outlined.     

Spelling,reading and adult illiteracy

Summary This is a study of the relationship of spelling to reading in adults. The spelling of six adult literacy students who read well or poorly was analysed to discover whether error patterns resembled those previously reported for children. Three tasks were administered, including dictation and free writting of real words, and dictation of nonsense words. Good readers made many more phonetic errors than poor readers did, indicating that their cognitive processes in spelling are similar to children's. In the nonword task, poor readers were less able than good readers in translating phonemes to graphemes. It is argued that implicit knowledge of the relationships of letters to sounds provides a strategy for dealing with unfamiliar written material and it is in this process that poor readers are impaired.     

Book reviews

Bloom, A. H. The Linguistic Shaping of Thought : A Study of the Impact of Language on Thinking in China and the West. Hillsdale, N.J.: Erlbaum. 1981. Pp. 106. £9.95. ISBN 0 89859 089 2.

Fodor, J. A. Representations : Philosophical Essays in the Foundations of Cognitive Science. Brghton: Harvester. 1981. Pp. 343. £22.50. ISBN 0 85527 977 X.

Sanford, A. J. and Garrod, S. C. Understanding Written Language: Explorations in Comprehension Beyond the Sentence. Chichester: John Wiley & Sons. 1981. Pp. xiv + 224. £ 11.30. ISBN 0 471 27842 4.

Springer, S. P. and Deutsch, G. Left Brain, Right Brain. San Francisco: W. H. Freeman & Co. 1981. Pp. 243. £4.95 (paperback). ISBN 0 7167 1270 9.

Crystal, D. Introduction to Language Pathology. London : Edward Arnold. 1980. Pp. 214. ISBN 0 7131 62759. £5.50.

Hulme, C. Reading Retardation and Multi-Sensory Teaching. London : Routledge & Kegan Paul. 1981. £12.50. Pp. 200. ISBN 0 7100 0761 2.

Liben, I,. S., Patterson, A. R. and Newcombe, N. (Eds). Spatial Representation and Behaviour Across the Life Span. New York: Academic Press. 1981. Pp. 404. ISBN 0 12 447980 4. £17.80.

Coltman, D. Jean Piaget: Experiments in Contradiction. Chicago: University of Chicago Press. 1980. Pp. 310. ISBN 0 226 66779 0. £13.20.

Hofer, M. A. The Roots of Human Behavior. San Francisco: Freeman. 1981. Pp. xiii + 331. Paperback £6.70. ISBN 0 7167 1278 4.