The foster family in Poland,a custodial and educational environment (XX – the early XXI centuries)

ABSTRACT

A thorough study of the sources made it possible to conduct a retrospective analysis as well as outline normative and legal principles of the foster family in Poland as one of the main forms of child custody in the XX – early XXI centuries rooted in national traditions and social legacy. Foster family formation and early functioning indicate that its value depends on who is entrusted with a child to care for, what child is to be placed in foster care, what kind of support a foster family could expect, what control is exercised over it. The second half of the XX – the early XXI centuries mark the evolution of the legal and regulatory framework underlying foster care, one of the main institutional forms of child custody in Poland. It appears that the foster family provides a child with proper living conditions and a favourable environment for its education and socialisation, closest possible to those in a natural family. To this end, the state is to make sure that potential foster parents are properly trained. The development of foster care speeds up in the 1970’s and 1990’s. We have discovered that at the turn of the century, foster family functioning, provision of care and adequate conditions for a child’s development and upbringing etc. are defined by the social policy of the state. Of great significance for the international community is the Polish experience regarding the requirements for foster family candidates, children’s placement in such families, material assistance, foster parent salary calculations; the amount of money biological parents must pay for their child’s placement in a foster family. In modern Poland the foster family is an important social institution which promotes the development of a child deprived of parental care and is prioritized over other institutional forms of care.     

The Social Issue Courtroom Drama as an Expression of American Popular Culture

Drawing on recent works of commercial Hollywood cinema and topical made-for-television movies, this paper explores the cultural implications of two distinct varieties of the American courtroom picture: the problem film in the guise of a legal drama and the trial movie which may take the form of a social issue film. Both types merge into a category that overtly abounds with liberal stances and humanitarian attitudes, films that portray actual or – only rarely – fictional excesses of rigid conservative orthodoxy, movies that have also succeeded in capturing the interest of the public on both sides of the Atlantic. Further, the aesthetics of the documentary tradition related to this generic strain is examined in such a way as to cast light on the quality of critical reflection and certain ideological inferences thereof.     

The sins of the father: The destruction of the Republican family in Franco's Spain

The postwar years in Spain were little more than the perpetuation of the Civil War on an ideological terrain, as the Franco Regime consistently vilified the memory of the Second Republic and remorselessly persecuted the defeated Republicans. In fact, nationalist diatribes against communism and its attendant ills of separatism and laicism were invariably expounded in medical terminology, referring as they did to the “cancer” and “virus” which had devastated the nation during the Civil War. This empirically unverifiable theory sustained that a large scale extermination (the Civil War) had to be carried out to rid Spain of this “virus” thus preempt the contagion of this fervently Catholic and patriotic nation. Horkheimer affirms that the family is the microcosm of the fascist state, as the relationship between siblings and parents replicates the obedience of the citizen to the fascist state. As Republican traits were at antipodes to the prescribed national attributes, the Francoist State sought to destroy the Republican family by a myriad of measures such as the inculcation of a zealous National Catholicism in their children, which in turn precipitated both selfhatred and the children's outright rejection of their parents. However, the social persecution of the defeated transcended indoctrination: in the postwar years, the horrendousness of life for the Republicans was compounded by the State's quasi reconversion policy, which resulted in Republican children being forcibly removed from their homes, and been adopted by pro-Francoist families, or in many cases, rehoused by religious orders which, within a decade, witnessed a huge increase in the number of supposed orphans becoming seminarists. In this article, I intend to elaborate on both the means by which the Francoist State eradicated the Republican family, and its long-term consequences.     

Law in Film: Globalizing the Hollywood Courtroom Drama

The courtroom drama is a prominent film genre. Most of the movies in this category are Hollywood productions, dealing with the legal system in the United States of America. What they have in common is that essential parts of their stories take place in court. These movies have a tremendous influence on the public's concept of justice even though very few of them accurately reflect legal reality. Anyone with legal training who watches films of this sort will notice in them all sorts of absurdities which are not thoroughly investigated in this paper. Our concern here is to inquire why even movies that take place in continental Europe follow patterns of the American system and also why certain elements from American movies are repeated over and over again.     

The sins of the father: The destruction of the Republican family in Franco's Spain

The postwar years in Spain were little more than the perpetuation of the Civil War on an ideological terrain, as the Franco Regime consistently vilified the memory of the Second Republic and remorselessly persecuted the defeated Republicans. In fact, nationalist diatribes against communism and its attendant ills of separatism and laicism were invariably expounded in medical terminology, referring as they did to the “cancer” and “virus” which had devastated the nation during the Civil War. This empirically unverifiable theory sustained that a large scale extermination (the Civil War) had to be carried out to rid Spain of this “virus” thus preempt the contagion of this fervently Catholic and patriotic nation. Horkheimer affirms that the family is the microcosm of the fascist state, as the relationship between siblings and parents replicates the obedience of the citizen to the fascist state. As Republican traits were at antipodes to the prescribed national attributes, the Francoist State sought to destroy the Republican family by a myriad of measures such as the inculcation of a zealous National Catholicism in their children, which in turn precipitated both selfhatred and the children's outright rejection of their parents. However, the social persecution of the defeated transcended indoctrination: in the postwar years, the horrendousness of life for the Republicans was compounded by the State's quasi reconversion policy, which resulted in Republican children being forcibly removed from their homes, and been adopted by pro-Francoist families, or in many cases, rehoused by religious orders which, within a decade, witnessed a huge increase in the number of supposed orphans becoming seminarists. In this article, I intend to elaborate on both the means by which the Francoist State eradicated the Republican family, and its long-term consequences.     

Graffiti goes to the movies: American fictional films featuring graffiti artists/writers and themes

Since the early 1980s, in addition to the increase in graffiti and street art in many urban contexts, a number of movies have been made that have either examined this phenomenon and the people who engage in this activity, or used graffiti and street art as a backdrop to tell a story. This article briefly reviews the scholarly literature that examines movies that portray criminals and criminal actions, and then analyzes seven American-produced fictional (drama) films using graffiti writers/artists as major characters and then draws generalizations about them. Although this is not a semiotic analysis of the films, to the extent possible, it delves into the settings, plots, characters, dialog, and how realistic the movies appear to be. In general, most of the films include unrealistic aspects and/or are of poor quality, and this contributes to misrepresentations of and stereotypes about graffiti writers/writing.     

A history of the use of the concept of parental alienation in the Australian family law system: contradictions,collisions and their consequences

ABSTRACT

This paper presents insights into the history and current deployment of the concept of parental alienation in the Australian family law system. It begins in 1989, when an article on parental alienation syndrome was first published in an Australian law journal. It then traces aspects of the socio-legal and social science research, gender politics, law reform and jurisprudence of the following 30 years, paying attention to moments of significant change. The impacts of major amendments that emphasise the desirability of post-separation shared parenting outcomes in 1996 and 2006 are specifically considered. More recently, in 2012, reforms intended to improve the family law system’s response to domestic and family violence were introduced. The history reveals an irreconcilable tension between the ‘benefit’ of ‘meaningful’ post-separation parent-child relationships and the protection of children from harm. When mothers’ allegations of violence in the family are disbelieved, minimised or dismissed, they are transformed from victims of abuse into perpetrators of abuse – alienators of children from their fathers. Their actions and attitudes collide with the shared parenting philosophy. This is arguably an inescapable consequence of a family law system that struggles to deal effectively with family violence in the context of a strong shared parenting regime.     

American Criminal Trial Films: An Overview of Their Development, 1930–2000

The history of American trial films – and I am speaking of trial films in general at the moment, not of the sub-division of criminal trial films – has been shaped both by changes in public attitudes toward law and lawyers and by shifts in viewer tastes. These same factors have necessitated changes in the way we define 'American trial films'. In earlier years one could recognize a trial film with relative ease: it was a drama in which a heroic lawyer or lawyer surrogate solved the film's dilemmas in the course of a civil or criminal trial, usually a trial held within a courtroom. Contemporary movies, in contrast, are more interested in action than in debate and oratory, and they are more cynical about the effectiveness of legal processes. Thus they tend to embed a short trial scene in a longer adventure story, and they seldom depict lawyers as heroes on the grand scale or courts as places where fundamental social and moral issues are settled. In sum, the trial film genre is undergoing major change, if not dissolution.     

Narratives on World War II in Poland: When a life story is family history

Memories of the World War II in life stories about its events and experiences are part of every Polish family history. The analysis of life stories of wartime helps to discover the meaning of past events and experiences to individuals, as well as to whole social strata. The role of family affiliations in Polish narratives about the war is briefly discussed, and chosen details of historical background are characterized in one case, using the biographical narrative interview. Two sisters, when telling their own biographies, present the history of their family. Their reasons for concentrating on the collective aspect of their war experiences are explained, and significant social and historical processes exemplified in their story are described. The sisters' family history represents a part of tradition that has been forgotten in postwar Polish society. Pauperization of the landowner stratum prevented the process of transmitting this part of cultural heritage to forthcoming generations. Communist authorities welcomed this process of forgetting, whereas the important aspect of Polish cultural and social heritage based on the lifestyle of the countryside estates was emasculated.     

An empirical test of social control theory

A test of social control theory was operated on a random sample of about 2000 juveniles aged 12 to 18 years. A second test was performed 2 years later on a subsample of the original one, taking into account changes in the life situation with respect to the family, school, work, leisure, peers, and some values connected with delinquency. Both self-report data and official data were collected. Using the HOMALS technique, scales were constructed of family integration (parental control, communication with parents, family activities, and family climate), school integration (liking school, commitment to school values, school performance, and social behavior), leisure and peers (nature and involvement in leisure activities, bravado), and some normative statements. Changes in social integration were measured over a period of 2 years and compared to the impact of official intervention in delinquency cases by police or prosecutor. On the basis of path analysis and a LISREL model, we were able to conclude that there was no impact of police or prosecutor intervention on later delinquency, but there appeared to be a strong and inverse relationship between changes in social integration, or the bond with society, and the frequency of offending.This article is based on two Dutch research reports, which have been published in English inJuvenile Delinquency in the Netherlands (Junger-Tas and Block, 1988).     

Urbs and Civitas: Stone Order and Civil Order Collapsing in Some Cinematographic Examples

The assimilation of the architectural sign to the linguistic one, is the way that allow us to analyze the architectural element of the city, according to the symbolic and conventional way, but giving to the architectural sign an iconic value that we could read through reconstruction of city in films. It is possible if we consider city as artwork seen according to the definition of Lynch. There is a temporal and special dimension, the urban dimension, which would otherwise not be ‘visible’ to the naked eye or perceivable with hearing. City as an artwork can be read for more reasons, through the cinema in the translation of an architectural semiotics that finds a double correspondence of Urbs and Civitas, in the real building of the city and in its re-construction. In this contest, some Italian movies of Rossellini, De Sica, Antonioni, for example, beyond the traditional interpretations, can give us indications about the moments and ‘points’ of collapse that we can find in ‘signs’ and ‘singular points’. It’s in these points that we found the signs of evolution, breakdown and collapse of relationship between Urbs and Civitas.

     

The Exclusion of (Failed) Asylum Seekers from Housing and Home: Towards an Oppositional Discourse

‘Housing’– the practical provision of a roof over one's head – is experienced by users as ‘home’– broadly described as housing plus the experiential elements of dwelling. Conversely, being without housing, commonly described as ‘homelessness’, is experienced not only as an absence of shelter but in the philosophical sense of ‘ontological homelessness’ and alienation from the conditions for well‐being. For asylum seekers, these experiences are deliberately and explicitly excluded from official law and policy discourses. This article demonstrates how law and policy is propelled by an ‘official discourse’ based on the denial of housing and the avoidance of ‘home’ attachments, which effectively keeps the asylum seeker in a state of ontological homelessness and alienation. We reflect on this exclusion and consider how a new ‘oppositional discourse’ of housing and home – taking these considerations into account – might impact on the balancing exercise inherent to laws and policies concerning asylum seekers.     

Strong and weak family ties revisited: reconsidering European family structures from a network perspective

Family systems appear to be an important factor framing people's individual behavior. Thus far, family systems have been primarily addressed on a macro regional level with indirect measures. Revisiting Reher (1998) and the family ties criterion, the main question of this paper is to examine to what extent we perceive family structures differently in Europe by taking direct measures of the structures of people's broader social networks into consideration. Based on the Survey of Health, Ageing and Retirement in Europe (SHARE), we derived two indicators of family regimes based on individual-level data regarding the density of ego social networks: contact frequency and geographic proximity among network members. We aggregated these data and mapped them on the NUTS 2 level regions for various locations in Europe. The results of our analyses exhibit that, based on these two network indicators, significant differences in family structures between European regions exist. These results confirm the classification of strong family Southern and comparatively weaker family Northern European regions to a large extent, though substantial regional differences in and between countries are also revealed. Our findings demonstrate that the classification of European regions largely depends on which indicator of network density we consider. This is particularly obvious in the Eastern European regions where the classification markedly differs according to the type of network indicator. Intriguingly, social networks in Central European regions can be characterized as rather loose, often even looser than the ‘traditional’ weak ties in Scandinavia. Family regimes can, therefore, be regarded as a construct of multiple dimensions of which one dimension may be classified as weak while the other can be strong at the same time.     

"Not the Normal Mode of Maintenance": Bureaucratic Resistance to the Claims of Lone Women in the Postwar British Welfare State

Because of the expansion of the postwar welfare state and its rhetoric of inclusion, the British National Assistance Board (NAB), which provided means-tested relief, faced a dramatic increase in the number of lone women with children claiming assistance in the 1950s and 1960s. In trying to restrict the state's role in social provision, the NAB relied on and tried to extend familial obligations for women's support that had been institutionalized in family law and in the poor law. The largely unsuccessful efforts of the NAB to prevent such women from turning to the welfare state included various forms of persuasion, coercion, and intimidation. Scholars of social policy in the postwar period have called attention to later efforts to discourage applications by lone women between the late 1960s and the 1990s. But the defensive posture against such women was adopted much earlier, in a relatively unexamined portion of the NAB's history. In its early, formative years, the NAB devised new strategies based on the rationales of female dependence that had long been entrenched in family law and the poor law. These methods and rationales became fixed in the postwar bureaucratic repertoire and were later available to bolster gendered attacks on the welfare state itself, particularly those made so aggressively under Thatcherism.     

Child protection as surveillance of African American families

The over-representation of black children in US out of home care results from racial bias in placement decisions and a political choice to address startling rates of child poverty by investigating parents instead of tackling poverty's societal roots. The impact of state disruption and supervision of African American families is intensified when it is concentrated in inner-city neighbourhoods – the system's ‘racial geography.’ A small case study of a black neighbourhood in Chicago with high rates of out of home placement found profound effects on both family and community social relationships, as well as reliance on child protective services for financial assistance, linking surveillance of black families to the neoliberal shrinking of public programmes. The surveillance of African American women by the child welfare system is also intensified by these women's disproportionate involvement in the prison system. Acknowledging racial bias in child welfare reveals the need to radically transform the system from one that relies too much on punitive disruption of families to one that generously supports them.     

Doing family

This paper draws on how constructions of ‘the migrant family’ in political discourse influence migrants' and their families' lives. In specific national contexts, ‘the migrant family’ is determined according to the national and European debates and expressed by their respective rules and regulations. By ‘doing family’, migrants and their families develop strategies in order to fit these requirements of living a certain family life. Fulfilling specific norms and perceptions which are not necessarily required for the majority of society is a precondition to succeed. Who is and who is not part of the family, who holds responsibility — such aspects have to be proved and repeatedly reproduced by migrants and their families. This not only affects their position in society, but also has strong implications on their lives as a couple and family, since it requires the continuous adaptation and reconstructions of their everyday reality.     

THROUGH A DIFFERENT LENS: USING FILM TO TEACH FAMILY LAW

This article discusses the aspects of narrative and character development that make films a useful tool to supplement classroom legal education. Moreover, utilizing film is particularly effective for learning and exploring the dynamics of human relationships at the center of family law cases. When designing a film and family law course instructors should seek to promote creative thinking, cultural competence, student exploration of bias and assumptions and best practices for attorneys based on the examples provided in the film. Films make the learning process more fun, but still provide substantial opportunities to broaden students' concept of the impact of law on family members.     

Family reproduction and stem-family system: From Pyrenean valleys to Norwegian farms

The article presents a comparative study of two stem-family European systems: on the one hand, the well-known central Pyrenean family as found in the Barony of Esparros, and, on the other hand, the one prevalent in highland farms of South-East Norway. In the two communities, the continuity of the “house” was maintained over generations through non-egalitarian practices of transmission to a privileged heir or heiress. Other siblings received compensations or stayed at home unmarried. Comparing long-term mechanisms of the Norwegian odal farm and of the Pyrenean house permits identification of similar strategies of co-residence and more-or-less controlled family reproduction through choice of marriage partner and regulated fertility. These mountainous rural communities developed efficient responses to preindustrial and early-industrial demographic changes, facing and absorbing demographic growth and transition. They had to open to new markets, new techniques of production and exploitation of natural environment – particularly the forest – and adapt to social and legislative change. In both agro-pastoral systems, population pressure created a large group of landless or semi-landless families-cottars, day labourers or servants-whose reproduction strategies (age at marriage and fertility rates) diverged from those of the owners of land.     

论中国电影表现知识分子的三次浪潮

在中国电影中外，知识分子题材出现过三次浪潮，即４０年代后期、７０年代末至８０年代中期和９０年代。第一次浪潮出现的知识分子分为三类，即刚正不阿的正义，随波逐流和为情所困。第二次浪潮出现的知识分子也分为三类，即国政治所困，为日常生活所困。第三次浪潮出现的知识分子分为两类，即为家庭所困和茫然的求索。其成就和不足，都为今后知识分子题材的电影作提供了启示。