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1.
《Justice Quarterly》2012,29(1):142-167
Sociolegal research indicates that when citizens perceive that legal processes and procedures are fair, both positive and negative legal outcomes will be viewed as acceptable. However, little is known about perceptions of fairness in informal contexts such as in restorative justice (RJ) practices and with victims (and offenders) who participate in these programs. Drawing on interviews with key actors engaged in post-conviction RJ programs for serious crimes in Australia and the USA, this paper asks, do post-conviction therapeutic RJ programs for violent crimes enhance procedural justice for victims and offenders? The data reveal that RJ is compatible with procedural justice for both victims and offenders. Specifically, RJ aids in correcting the harms created by the formal criminal justice system and, thus, satisfies and even greatly enhances procedural justice goals for both victims and offenders.  相似文献   

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This paper identifies the law’s failure to recognise and protect the human–companion animal relationship in the housing arena. The nature of the human–companion animal relationship has striking similarities to human–human relationships in the socially supportive aspects of the relationship such as attachment, nurturance and reliable alliance. This contributes to the social life and sense of well-being of the owner. There is also evidence that the human–companion animal relationship can have physical health benefits such as lowering the risk of death by cardiovascular disease. It is clear that society benefits from the human–companion animal relationship, which many owners perceive as akin to family, in the form of healthier, less isolated people with better social networks. Yet in the key area of housing, the law does nothing to protect or even recognise this relationship. In consequence, every year thousands of tenants in both the public and private sector are faced with ‘no pet’ covenants in their leases and grapple with difficulties such as reduced housing options, higher rents or the traumatic decision to give up their companion animal for rehoming or euthanasia. This is especially prevalent amongst vulnerable people, like the elderly and mentally ill, who are more likely to need to move into supported accommodation. This article examines housing law in countries, such as France and Canada, that prohibit ‘no pet’ covenants in residential leases and provides arguments for the effective formulation and implementation of such law in the UK.  相似文献   

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First developed by human rights lawyers and activists, transitional justice emerged from the so-called third wave of democratisations in Latin America. Over the last 30 years, transitional justice has risen to become a ‘global project’ of global governance. Locating the emergence of transitional justice within the global rise of neoliberalism, this article shows that transitional justice serves an important function in regards to the particularly neoliberal contours of many transitions. Understanding this relation, the article argues, is best served with recourse to what Wendy Brown describes as neoliberalism’s practice of omnus et singulatim, a double process through which ‘communities’ are gathered together as stakeholders to take part in economic activities whilst simultaneously being individualised as ‘responsibilised’ and self-sufficient entrepreneurial units. Taking this concept, I argue that transitional justice also undertakes a process of omnus et singulatim that usefully prefigures and supports processes of neoliberalisation during ‘transition’. Transitional justice, it concludes, does the necessary work of bringing conflictual, traumatised, societies back together, whilst doing so on terms that do not threaten but instead prefigure the individualising demands made upon subjects at the sites of neoliberal transition.  相似文献   

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Social Justice Research -  相似文献   

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The psychological bases of ideology have received renewed attention amid growing political polarization. Nevertheless, little research has examined how one’s understanding of political ideas might moderate the relationship between “pre-political” psychological variables and ideology. In this paper, we fill this gap by exploring how expertise influences citizens’ ability to select ideological orientations that match their psychologically rooted worldviews. We find that expertise strengthens the relationship between two basic social worldviews—competitive-jungle beliefs and dangerous-world beliefs and left–right self-placement. Moreover, expertise strengthens these relationships by boosting the impact of the worldviews on two intervening ideological attitude systems—social dominance orientation and right-wing authoritarianism. These results go beyond previous work on expertise and ideology, suggesting that expertise strengthens not only relationships between explicitly political attitudes but also the relationship between political attitudes and their psychological antecedents.  相似文献   

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Although procedural justice has been a key predictor of police legitimacy, recent findings illustrate that other factors influence this outcome (i.e., low self-control and ethnic identity). However, no research to date has evaluated whether individual-level informal social controls impact police legitimacy evaluations. Survey data are used to examine the influence of parental attachment, school commitment and procedural justice on perceived police legitimacy. While procedural justice significantly predicted legitimacy evaluations, no significant relationships were observed between parental attachment, school commitment and police legitimacy. The effects of procedural justice on legitimacy assessments, however, were modestly significantly moderated by parental attachment and school commitment. To maintain legitimacy, police officers should interact with citizens in procedurally fair manners. These results should also be of value concerning how parents and schools legally socialize adolescents.  相似文献   

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Australia is currently undergoing fundamental and far-reaching reforms in water management that have been prompted by wide-spread environmental degradation caused by past water management practices. This paper is an extract of a wider study that explores how governments incorporate social justice into water reform policies and how that effort is perceived by non-government stakeholders. Using a comprehensive Social Justice Framework, we used a mixed methods approach that combines a quantitative content analysis of key water reform documents with a qualitative semistructured interview process to identify and analyse three principles of social justice that apply to the environment as a water stakeholder: need as a distributive justice principle, representativeness and accuracy as procedural justice principles. We found that the environment is identified as a legitimate water stakeholder whose needs are meant to be assured through the water reform process. However, the environment suffers from a crisis of identity. Other water stakeholders claim to speak for the environment but say different things. Thus, due to a diversity of voices, strong government intention to satisfy environmental needs is diluted in practice. Furthermore, the prerogative to define and measure environmental needs through science, while deemed to be fair and objective, leads to unintended consequences that complicate management and disenfranchise less scientifically capable stakeholders. Overall, we believe that the formal recognition of the environment as a stakeholder in water reform is a significant forward step but its crisis of identity must be resolved before the environment can fully utilise its new role as a stakeholder.  相似文献   

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《Justice Quarterly》2012,29(3):439-468
This article proposes an alternative vision for what criminal justice can represent such that its interests in becoming a full‐fledged academic discipline are advanced. Linked to philosophical inquiry (the under‐laborer), emphasis is placed on explicating how insights derived from ontology, epistemology, aesthetics, and ethics underscore the field. Coupled with this more probing excursion is psychoanalytic reflexivity (the criminology of the shadow). The manner in which the philosophical lens informs criminal justice is delineated, and the logic of this shadow criminology is described. As dimensions of an inclusive organizing scheme, their potential for fostering integration in crime and justice studies consistent with the goals of disciplinary identity and legitimacy is explored. The implications of the proposed model—especially for charting a new direction in theory, research, policy, and pedagogy—are also highlighted.  相似文献   

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The relationship between disorder and violence has generated much debate in the field of criminology. While advocates of the broken windows thesis believe disorder is the root cause of crime, other researchers view both disorder and crime as analogous behaviors resulting from the breakdown of collective efficacy. Scholars from both sides of this debate, however, assume a long-term correlation between disorder and crime at places. This assumption has not been tested with a longitudinal dataset at a relatively small geographic unit of analysis. The current study used data collected in Seattle, Washington and utilized Group-based Trajectory Analysis and Joint Trajectory Analysis to explore the longitudinal relationship between disorder and violence. The results showed that disorder, just like crime, concentrates in a few “hot spots.” Additionally, the results showed that while the lack of disorder problems guarantees places to be violence free, having high levels of disorder predicts having violence problems only about 30% of time. As such, these findings point out the need for future theorization efforts on the disorder-violence nexus to include contextual factors which could explain this imperfect association between the two.  相似文献   

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This article uses data gathered by the University of London, Centre for Metropolitan History's recent project ‘Londoners and the Law: Pleadings in the Court of Common Pleas’, which sampled London-related cases pleaded before the fifteenth-century court of Common Pleas, to analyze the use of arbitration by sub-gentry and mercantile class disputants. It examines the relationship between arbitration and litigation at common law, the volume of London-related cases pleaded at common law which cited a prior failed arbitration, and in what types of disputes arbitration was employed. It presents the hypothesis that the use of arbitration by sub-gentry and mercantile class disputants in cases relating to London and Londoners may have declined between 1400 and 1468, and that arbitration was most widely used in certain types of multifaceted and exceptional disputes. This article tentatively suggests that developments in disputants' use of common law remedies may have related to changes in the frequency with which arbitration was employed, calling for further study.  相似文献   

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This study explored contextual influences in determining whether psychologically aggressive actions constitute abuse. One hundred and thirty-one undergraduates completed measures of key experiences, attitudes, and traits, and rated abusiveness of behaviors in a series of vignettes. Vignettes varied contexts in which behaviors occurred, including whether the behavior was a pattern, whether there was harm to the recipient, characteristics of the initiator-recipient relationship, and whether behavior was normative. Results showed no effects for participants’ gender, past experiences with psychological aggression, and traits or attitudes. Findings indicated that behaviors were rated as more abusive when harm to the recipient was evident. Findings regarding patterns of behavior, relationship, and normative contexts were less consistent. Implications for measurement of psychological abuse are discussed.  相似文献   

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This article examines the domestic impact of supranational human rights litigation on acknowledgment of state violence in the context of macroprocesses of global governance. The article's argument is that the impact of supranational human rights litigation on the process of acknowledgment must be seen through counternarratives on state violence. The article undertakes a detailed textual analysis of the truth claims and denial strategies that emerged from the European Court of Human Rights proceedings on state violence during Turkey's struggle against the armed group the Kurdistan Workers Party (PKK). It assesses these in the context of the human rights reforms that were created following pressure from European-level governance processes. The article argues that attention must be paid to agency in acknowledgment and truth-telling processes, and points to the limits of technical-bureaucratic forms of human rights reform interventions in the context of state violence.  相似文献   

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This article sets out to offer a new reconceptualisation of the common good as the mechanism providing the temporal coordinates for revolutionary politics. The first section investigates the pairing of commonality and goodness, revealing its nature as a synthesis of apparently irreconcilable opposites. The second section examines how this irreconcilability is overcome, advancing the argument that to heal the divide, a double movement of definition and concealment is necessary, whereby the process of definition of what constitutes the common good is accompanied by an expropriation, or hollowing out, of meaning. The third section offers a proposal for overcoming this epistemological impasse about the nature of the common good, by contrasting chronos and kairós, chronological time and what in English can be translated as ‘opportune time’, and offering kairós as the chance to create, within the fissures of the totalitarianism of chronological time, the timescape for revolutionary politics. This proposal is carried on in the second part of this article, starting with ‘ Chronos and Kairós ’ section, where the concept of kairós is expanded upon and coupled with the Epicurean and Lucretian idea of the clinamen, the swerve of the atoms that introduces the element of chance against Democritean determinism. With the support of Antonio Negri’s reading of kairós and clinamen, the article argues in ‘Alma Venus: Love, Desire and Revolution’ section that these two concepts provide the spatial and temporal coordinates for revolutionary politics, in tension and critical engagement with Ackerman’s idea of constitutional moments, to conclude in ‘Conclusions: Kairós and Revolutionary Politics’ section, that the common good is to be defined as that which takes place and is identified/identifiable within these coordinates.  相似文献   

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