仪式与暴力——论卡夫卡《在流放地》

卡夫卡的《在流放地》展示了新旧时代交替过程中，仪式与暴力的运行方式的变迁。在古旧的刑罚体系中，绘制仪、耙等工具以不同的功能在十二个小时的行刑仪式中展演暴力；而人则在仪式化的暴力下，被降级为动物性、工具性的存在，丧失反抗能力，臣服于暴力。作品中新指挥官上任后的新时代，仪式式微，权力空间从公共景观转向封闭场所，惩罚对象从肉体转向灵魂，暴力隐匿。但是，式微的仪式仍有着潜在的力量，暴力终会以某种形式复归。     

THE PRIVATIZATION OF VIOLENCE*

Norbert Elias's (1939) work on “the civilizing process” highlighted the long‐term decline in violence within Western societies. A substantial amount of more recent anthropological and historical evidence suggests that violence has evolved not just quantitatively but qualitatively as well. In particular, the social characteristics of the parties to violence have changed over time. Drawing on Donald Black's (1976, 1993a) theoretical ideas on conflict management, the present paper proposes that as intimate social ties weakened and the state strengthened, collective and nonintimate forms of (nonpolitical) violence declined significantly. Consequently, violence increasingly became less public, more private. Pockets of residual public violence can, however, still be found within modern state societies. Privatization varies, then, across time and social space.     

The arts of refusal: tragic unreconciliation,pariah humour,and haunting laughter

ABSTRACT

This paper investigates Hannah Arendt’s writings on tragic unreconciliation and pariah humour as offering creative strategies for confronting the deadening of emotion that enables people to become reconciled to what they should refuse or resist. She offers a distinctive contribution to debates on reconciliation and justice, I suggest, by articulating a tragic approach to unreconciliation. Yet Arendt recognised that tragic accounts of violence can reinforce denial and resignation. In writings on the ‘hidden tradition’ of the ‘Jew as pariah,’ Arendt suggests that humour can be an important response to tragic accounts of political violence and a strategy for awakening an emotional response in those who cannot perceive tragedies to which they have become reconciled. As arts of refusal, tragic unreconciliation and pariah humour invoke and subvert the tragic imagination to reveal possibilities for solidarity, responsibility, and transformation that challenge problematic forms of reconciliation – reconciliation to one’s role as a participant in, or bystander to abuse, reconciliation as self-abnegating assimilation, and reconciliation as compromise, scapegoating, or denial.     

Parenting Coordination In Cases Involving Intimate Partner Violence

Parenting Coordination is a “hybrid legal‐mental health role that combines assessment, education, case management, conflict management, dispute resolution and, often times, decision‐making functions (AFCC, 2019, https://www.afccnet.org/Portals/0/PublicDocuments/Guidelines%20for%20PC%20with%20Appendex.pdf?ver=2020-01-30-190220-990 ). This article addresses issues that arise when the case has allegations or findings of intimate partner violence (IPV). Considerations of the type of IPV, the severity, timing, perpetrator and effects on coparenting are discussed in the context of the parenting coordinator's role. Through screening and assessment, we differentiate the kinds of cases with the presence of IPV where a PC may be effective as opposed to other IPV cases that may not predict success for retaining a PC.     

Soviet legacies,organized crime,and economic gangsterism: Russia, 1995–2010

In countries like Russia, where legal institutions providing political accountability and protection of property rights are weak, some elite actors accept the use of violence as a tool in political and economic competition. The intensity of this violent exposure may vary depending on the position the province had had in the Soviet administrative hierarchy. The higher the province's position before 1991, the greater the intensity of business violence one is likely to observe there in post-communist times, because the Soviet collapse left a more gaping power vacuum and lack of working informal rules in regions with limited presence of traditional criminal organizations. Post-Soviet entrepreneurs also often find it worthwhile to run for office or financially back certain candidates in order to secure a privileged status and the ability to interpret the law in their favor. Businessmen-candidates themselves and their financial backers behind the scenes may become exposed to competitive pressures resulting in violence during election years, because their competitors may find it hard to secure their position in power through the existing legal or informal non-violent means. To test whether Soviet legacies and Provincial elections indeed cause spikes in commerce-motivated violence, this project relies on an original dataset of more than 6000 attacks involving business interests in 74 regions of Russia, in 1991–2010. The results show that only legislative elections cause increases in violence while there is no firm evidence that executive polls have a similar effect.     

La ñata contra el vidrio: urban violence and democratic governability in Argentina

The article argues that the increase in crime and urban violence in Argentina, especially in Buenos Aires, can be explained as an outcome of the interaction of four factors: the new social relations established by neoliberalism; the incapacity of the state to resolve the social conflicts which have arisen from these new social relations; the failure to democratise the security forces; and the exclusion of a sector of society from the rights of effective democratic citizenship. The increase in crime and urban violence is, thus, analysed as a problem of governability.     

Gender,Culture and the Law: Approaches to ‘Honour Crimes’ in the UK

This article examines the debate on whether to analyse ‘honour crimes’ as gender-based violence, or as cultural tradition, and the effects of either stance on protection from and prevention of these crimes. In particular, the article argues that the categorisation of honour-related violence as primarily cultural ignores its position within the wider spectrum of gender violence, and may result in a number of unfortunate side-effects, including lesser protection of the rights of women within minority communities, and the stigmatisation of those communities. At the same time it is problematic to completely dismiss any cultural aspects of violence against women, and a nuanced approach is required which carefully balances the benefits and detriments of taking cultural factors into account. The article examines the issues within the context of the legal response to cases involving honour-related violence, arguing that although the judiciary has in a number of cases inclined towards viewing ‘honour’ as primarily cultural rather than patriarchal, in some cases they have begun to take a more gender-based or ‘mature multiculturalism’ approach.

社会变迁中的“暴动操作—暴动解除”刍议——读《新秩序下的混乱:从印尼暴动看华人的政治社会关系》有感

本文利用台湾杨聪荣博士的著作<新秩序下的混乱:从印尼暴动看华人的政治社会关系>, 分析有关暴动发生的过程,发现其中存在着统治精英和社会上的抗争力量从不同方面利用华人问题, 进行 "暴动操作",以之为政治斗争的一种特殊手段;并相应地寻找理论与实践模式来做 "暴动解除" 的设计,根据一定的方案来加以防患,减少其祸害的程度."暴动操作-暴动解除"可以当作一种客观存在的事物来加以调查研究;值此全球化区域协作、以人为本和人权主义的时代, 印度尼西亚华人可以利用境内外、国内外的社会网络, 对印度尼西亚国内少数极端主义分子的行动加以暴露, 挫败其"暴动操作";特别是, 可以利用中国和东盟的交流合作体系等平台, 参与印度尼西亚的社会发展、国家建设.这一切既敏感又复杂的活动,如能达到理想效果,则是以非政治化、非意识型态化、非族群体化的原则, 用公共行政、公共管理的方式进行操作的一种公共事务.     

The Family Court–Based Stepping Stones Model of Triage: Some Concerns About Safety,Process, and Objectives*

This article critically evaluates the recommendation that family court–based mandatory mediation incorporated in a tiered service delivery model be replaced by a mandatory screening process incorporated in a stepping stones triage model in which couples are matched with an appropriate conflict resolution proceeding. My conclusion is that implementation of this recommendation should be made contingent upon the willingness of its advocates to address concerns with the safety, process, and objectives as described herein.

Key Points for the Family Court Community:
• Domestic violence screening should be incorporated in the larger triadic process of screening–risk assessment–risk management.
• A Safety First Rule should be followed in screening couples into or out of conflict resolution proceedings.
• Screening decisions must be grounded in an empirically validated method of matching couples with appropriate conflict resolution proceedings.
• Causal mechanisms must be included as items in any risk assessment instrument used in family courts.