THE ROLE OF SOLICITORS IN DIVORCE PROCEEDINGS*

“I was walking down the boulevard one day with my sister who was down for a week's holiday. She said off the cuff ‘When are you going to get divorced?’ I said ‘I don't know.’ Seeing a solicitor's office, I said ‘ I'll pop in here’—just the job, just like going in the shop for a loaf of bread. So I sees the receptionist. She said ‘ I'll see if he can see you straight away.’ Well, he gave me an interview straight away. Within an hour everything was done. He told me to bring all the gen I could in a couple of weeks time, which I did and then we got on with the job.”     

Bhaṭṭoji Dīkṣita’s “Small Step” for a Grammarian and “Giant Leap” for Sanskrit Grammar

This paper is devoted to theoretical and methodical considerations on our study and understanding of macroscopic transitions in the world of Sanskrit intellectuals from the sixteenth to the eighteenth century (cf. Pollock, Indian Economic and Social History Review 38(1):3–31, 2001). It is argued that compared to his immediate predecessors Bha??oji Dīk?ita’s contribution to Prakriyā grammars was modest. It was to a large extent on account of changed circumstances—over the centuries mainly a slow but steady decline—in the position of Sanskrit and the general public’s need for a simple definition of authoritatively correct Sanskrit that Bha??oji’s grammar met with success so quickly, so widely, and so solidly. I once knew a little boy in England who asked his father, “Do fathers always know more than sons?” and the father said “Yes.” The next question was, “Daddy, who invented the steam engine?” and the father said “James Watt.” And then the son came back with “But why didn’t James Watt’s father invent it?” Gregory Bateson (1972, p. 21)      

UNEMPLOYMENT AND PUNISHMENT: AN EMPIRICAL ASSESSMENT*

Evidence for a relationship between unemployment and imprisonment has been regarded as “elusive” and “conflicting.” Such conclusions have been based primarily on aggregate-level data. Individual-level data have provided only indirect evidence for this relationship. This research considers prosecution, incarceration, and length of incarceration outcomes for 1,970 criminal defendants arrested in 1982. Multivariate logit and OLS estimates show a significant, strong, and independent impact of unemployment on pretrial and postsentencing incarceration. The interaction of race and unemployment shows that the greatest likelihood of incarceration is for unemployed black defendants, especially those who are young males or charged with violent and public order crimes. Theoretical implications for the control and punishment of “dangerous classes” are discussed.     

Reconciling dualism and non-dualism: three arguments in Vijñānabhikṣu’s Bhedābheda Vedānta

The late 16th century Indian philosopher Vijñānabhik?u is most well known today for his commentaries on Sā?khya and Yoga texts. However, the majority of his extant corpus belongs to the tradition of Bhedābheda (Difference and Non-Difference) Vedānta. This article elucidates three Vedāntic arguments from Vijñānabhik?u’s voluminous commentary on the Brahma Sūtra, entitled Vijñānām?tabhā?ya (Commentary on the Nectar of Knowledge). The first section of the article explores the meaning of bhedābheda, showing that in Vijñānabhik?u’s understanding, “difference and non-difference” does not entail a denial of the principle of contradiction. The second shows how the relation between the individual soul (jīva) and Brahman can be understood as a relation of part and whole. The third section discusses Brahman as cause of the world, and Vijñānabhik?u’s particular formulation of Brahman as “locus cause” (adhi??hānakāra?a). Understanding these arguments enables us to appreciate how Vijñānabhik?u’s Difference and Non-Difference Vedānta is a credible alternative to the Advaita Vedānta schools prevalent in northern India in the late medieval period, and how in his later works Vijñānabhik?u built upon this Difference and Non-Difference metaphysical framework to argue for the unity of Vedānta, Yoga, and Sā?-khya philosophies.     

Catastrophizing Mediates the Relationship Between the Personal Belief in a Just World and Pain Outcomes Among Chronic Pain Support Group Attendees

Health-related research suggests the belief in a just world can act as a personal resource that protects against the adverse effects of pain and illness. However, currently, little is known about how this belief, particularly in relation to one’s own life, might influence pain. Consistent with the suggestions of previous research, the present study undertook a secondary data analysis to investigate pain catastrophizing as a mediator of the relationship between the personal just world belief and chronic pain outcomes in a sample of chronic pain support group attendees. Partially supporting the hypotheses, catastrophizing was negatively correlated with the personal just world belief and mediated the relationship between this belief and pain and disability, but not distress. Suggestions for future research and intervention development are made.     

Effects of Victimization on the Belief in a Just World in Four Ex-Yugoslavian Countries

Levels of support for just world beliefs among young adults (N = 598) from four ex-Yugoslavian countries—Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, and Slovenia—were compared, taking into account victimization experiences and the general belief in a just world. Being a victim affected an individual’s belief in a just world in the two less economically favored contexts: Victims of exclusion in Macedonia and victims of war in Bosnia and Herzegovina were less likely to believe in a just world than non-victims. These victimization variables partly explained why the mean scores of these two countries were less than those of the two others. A deleterious effect of cumulative negative events on belief in a just world was identified, in parallel with a lower endorsement of the belief when the first victimization occurred more recently.     

需要何种法律信任

"法律信任"对"法律信仰"概念的修正,实质走向了一个韦伯式概念,其理论本身在很大程度上也是韦伯命题的理论映照。这一韦伯式的"法律信任"概念,无论是在理论上还是在现实上都面临着巨大的困难,这种双重困难指向同一问题:"法律信任"如何可能?由此,立基于韦伯式的形式法律理论之上,不可能产生真正的"法律信任"。"法律信任"概念要想有意义,就必须建立在一种更具实质性的法律理论之上。     

Social Justice in Love Relationships: Recent Developments

In all societies, people are concerned with justice. “What’s fair is fair!” “She deserves better.” “It’s just not right.” “He can’t get away with that!” “It’s illegal.” “It’s unethical!” “It’s immoral” are fairly common laments. In the 11th century, St. Anselm of Canterbury (Anselem of Canterbury: The major works, 1998) argued that the will possesses two competing inclinations: an affection for what is to a person’s own advantage and an affection for justice; the first inclination is stronger, but the second matters, too. Equity theory, too, posits that in personal relationships, two concerns stand out: firstly, how rewarding are people’s societal, family, and work relationships? Secondly, how fair and equitable are those relationships? According to equity theory, people feel most comfortable when they are getting exactly what they deserve from their relationships—no more and certainly no less. In this article, we will begin by describing the classic equity paradigm and the supporting research. We will then recount the great debate that arose in the wake of the assertion that even in close, loving, intimate relationships, fairness matters. We will end by describing what scientists have learned in the past 35 years about the competing claims of altruism, reward, and fairness in love relationships.     

Belief in a Just World,Causal Attributions,and Adjustment to Sexual Violence

What influence do the personal belief in a just world (i.e., the perception that one usually gets what one deserves) and different kinds of causal attributions have on adjustment to sexual violence? Using a sample of N = 62 victims of sexual aggression (mean age = 21.7) it was shown that respondents were better able to adjust to their experience of sexual violence the higher their personal belief in a just world. Moreover, the more respondents attributed their victimization to situational circumstances (external attributions) and the less they attributed their victimization to their character and personality (characterological self-attributions), the less they felt distressed by past victimization. The degree to which participants attributed their victimization to their own concrete behavior (behavioral self-attribution) was not related to their adjustment. Further analyses showed that the influence of the personal belief in a just world was mediated by the three attribution styles. Additionally, the adaptiveness of external attributions was moderated by participants’ just world belief.     

THE DIVIDED WORLD OF THE CHILD: DIVORCE AND LONG‐TERM PSYCHOSOCIAL ADJUSTMENT

This study evaluated the extent to which divorce creates the “divided world of the child,” as well as consequences of this “divided world” for long‐term adjustment. An ethnically diverse sample of 1,375 young‐adult university students completed retrospective measures of parental nurturance and involvement, and current measures of psychosocial adjustment and troubled ruminations about parents. Results indicated that reports of maternal and paternal nurturance and involvement were closely related in intact families but uncorrelated in divorced families. Across family forms, the total amount of nurturance or involvement received was positively associated with self‐esteem, purpose in life, life satisfaction, friendship quality and satisfaction, and academic performance; and negatively related to distress, romantic relationship problems, and troubled ruminations about parents. Mother‐father differences in nurturance and involvement showed a largely opposite set of relationships. Implications for family court practices are discussed.     

The Significance of Transferred Intent

The doctrine of transferred intent (or transferred “malice” in England) generally provides that if A attempts to harm B but, because of bad aim, misses and accidentally causes the same harm to befall C, A’s harmful intent vis-à-vis B is transferred to C, thus rendering A guilty of intentionally harming C. Commentators acknowledge the doctrine to be a legal fiction, but they differ regarding whether the fiction produces just results, some believing it does, others believing that A is guilty at most of attempting to harm B rather than intentionally harming C. Commentators who agree that the fiction produces just results nevertheless differ regarding whether the fiction should be retained or whether A’s intent to harm “a” person, in this case, B, is the only intent that signifies for crimes of intentional harm, regardless of whom A eventually harms. Doug Husak sought to achieve reflective equilibrium between intuition and theory regarding bad-aim cases by proposing in 1996 that A be punished for attempting to harm B (rather than for harming C) but sentenced as if he had harmed B. I once believed that Husak was correct. But I now have doubts, in part because Husak, along with others, cannot explain why the strength of people’s intuitions regarding A’s responsibility in bad-aim cases depends upon (1) C’s being a reasonably foreseeable victim, and (2) C’s being harmed by the same threat of force that A initially unleashed against B. I argue that one cannot achieve reflective equilibrium in bad-aim cases without inquiring into why resulting harm matters in criminal law, and that when one does, one discovers that just as people’s intuitions regarding whether intentional harms are proximate depend upon how resulting harms occur, so, too, people’s intuitions regarding whether an actor is guilty of intentional harm depend upon how resulting harm comes about.     

If Brain Scans Really Detected Deception,Who Would Volunteer to be Scanned?

Abstract: Recent neuroimaging studies investigating the neural correlates of deception among healthy people, have raised the possibility that such methods may eventually be applied during legal proceedings. Were this so, who would volunteer to be scanned? We report a “natural experiment” casting some light upon this question. Following broadcast of a television series describing our team’s investigative neuroimaging of deception in 2007, we received unsolicited (public) correspondence for 12 months. Using a customized template to examine this material, three independent assessors unanimously rated 30 of an initial 56 communications as unequivocally constituting requests for a “scan” (to demonstrate their author’s “innocence”). Compared with the rest, these index communications were more likely to originate from incarcerated males, who were also more likely to engage in further correspondence. Hence, in conclusion, if neuroimaging were to become an acceptable means of demonstrating innocence then incarcerated males may well constitute those volunteering for such investigation.     

Genealogy and Jurisprudence: Nietzsche, Nihilism, and the Social Scientification of Law

In Twilight of the Idols, Nietzsche presents a history of metaphysics that can also be read as a history of jurisprudence. Nietzsche shows how—via Platonism, Christendom, Kantianism, and utilitarianism—the “real” or “true” world of ideals gives way to an “apparent” phenomenal world that is itself ultimately brought into question. This article shows how 20th-century legal thought, broadly construed, also moves away from “ideals” of law toward an understanding of law as observable social phenomena. It suggests that the move to the “apparent” world in legal thought raises questions similar to those raised by Nietzsche's work: Does sociological law point to a nihilistic destruction of the legal tradition or to a joyous possibility of overcoming that tradition?     

Distributive Justice Antecedents of Race and Gender Disparities in First-Year College Performance

Public education is a sphere of society in which distributive justice with respect to the allocation of opportunities to learn can have profound and lasting effects on students’ educational outcomes. We frame our study in the distributive justice literature, and define just outcomes specifically from a meritocratic and strict egalitarian perspectives in order to investigate how assignment to academic tracks and the availability of opportunities to learn during high school are associated with students’ academic achievement during college. We examine the role of “just” placement into high school academic tracks, “just” access to high-quality teachers, and “just” assignment of secondary schools’ resources in high school, in relation to college freshmen’s grade point averages (GPA). We utilize longitudinal data from a unique dataset with over 15,000 students who spent their academic careers in North Carolina public secondary schools and then attended North Carolina public universities. Our results suggest that “unjust” assignment of students to certain high schools, access to high-quality teachers, and assignment to learn in specific academic tracks result in long-lasting consequences that are reflected in freshman college GPA. Importantly, findings also show that the direction and magnitude of the relationship between distributional injustice at schools and college performance is moderated by students’ own gender and race. Race and gender interact with the high schools’ institutional contexts operationalized by tracking practices, teacher quality, and by school racial and socioeconomic composition. Results show that similar settings do not affect all students in the same ways.     

Are Just-World Beliefs Compatible with Justifying Inequality? Collective Political Efficacy as a Moderator

Previous research demonstrates that the belief in a just world is often accompanied by the justification of social inequality and by low socio-political participation (e.g., Jost and Hunyady, Curr Direct Psychol Sci 14:260–265, 2005). However, studies provide evidence that the relations may be moderated by individual differences such as a person’s self-efficacy expectations to promote justice and equality (Mohiyeddini and Montada, Responses to victimization and belief in a just world, 1998). At the societal level, collective political efficacy has consistently been found to foster political participation (cf. Lee, Int J Public Opin Res 22:392–411, 2010). In our study, we tested whether collective political efficacy may attenuate the negative social impact of the belief in a just world: It is predicted that when collective political efficacy is low, a strong belief in a just world would increase the motivation to justify inequality. By contrast, when collective political efficacy is high, the belief in a just world would not increase, but potentially decrease the motivation to justify inequality. In turn, justification of inequality is expected to negatively affect socio-political participation. Data from 150 university students were analyzed using moderated structural equation modeling. In our study, the expected moderating effect of collective political efficacy on the relation between belief in a just world and justification of inequality was established empirically. When collective political efficacy was high, justification of inequality did not inevitably increase with the belief in a just world. In addition, the impact of belief in a just world on justice-promoting behavior was mediated by justification of inequality. Implications for theory and future research are discussed.     

No way out: crime,punishment and the capitalization of power

The United States is often hailed as the world’s largest ‘free market’. But this ‘free market’ is also the world’s largest penal colony. It holds over seven million adults – roughly 5 % of the labour force – in jail, in prison, on parole and on probation. Is this an anomaly, or does the ‘free market’ require massive state punishment? Why did the correctional population start to rise in the 1980s, together with the onset of neoliberalism? How is this increase related to the upward redistribution of income and the capitalization of power? Can soaring incarceration sustain the unprecedented power of dominant capital, or is there a reversal in the offing? The paper examines these questions by juxtaposing the ‘Rusche thesis’ with the notion of capitalism as a mode of power. The empirical analysis raises an enigma: it suggests that the Rusche thesis holds under the normal circumstances of ‘business as usual’, but breaks down during periods of systemic crisis. During the systemic crises of the 1930s and the 2000s, unemployment increased sharply, but crime and the severity of punishment, instead of rising, dropped perceptibly.     

The World is More Just for Me than Generally: About the Personal Belief in a Just World Scale's Validity

Differences between personal and general belief in a just world were studied in four questionnaire studies and one experiment. Personal just world belief could reliably be differentiated from general just world belief, and subjects endorsed more strongly the personal compared to the general just world belief. Moreover, personal belief in a just world predicted subjective well-being and self-esteem, and this positive impact was independent of general just world belief and favorable self-perceptions. Finally, the more subjects were aware of their own unfairness, the more the personal belief in a just world showed a negative impact on self-esteem. Results give evidence to the just world beliefs' character as world views and as indicators of a personal contract between individual and social world.     

Gringo: a coming-of-age in Latin America

The classic studies of the authoritarian personality imply that free‐and‐just societies would need a different kind of personality. Social structure and personality are interdependent. The whole is greater than the sum of the parts but the nature of the parts is not irrelevant. Without a truly utopian world, we have to guess at what such personalities would look like—an important, often neglected insight of Marx. So we look for hints in a less‐than‐perfect world. Towards that end novelists have offered, intentionally and unintentionally, certain indices or codes of the kind of personality necessary for a just world. Kazantzakis’ Zorba is one such hint, as seen in his autonomy, manifested most importantly in his anti‐nationalism. In Zorba we see that community is possible where he has become “free” (rejection of nationalism, etc.); it is not possible where he is not “free” (vis‐à‐vis women). The paradox is that the just society needs autonomous personalities. Crudely put, real human community might require personalities who do not need it.