“我与你”的心理学心理学的三种话语形态

在心理学的研究中存在着三种话语形态,即"我的"心理学,"你的"心理学,"我与你的"心理学.不同的话语形态蕴含了不同的研究模式,研究者与研究对象的关系是"我"、"你"的关系."我"、"你"长期各自为阵,成为两极.话语上的割裂最终导致了心理学的科学性与现实性的割裂.只有在"我与你"的话语形态中,通过对话,才能将心理学研究的科学性与现实性有机地统一起来.     

Dealing with the holocaust and collaboration: The Dutch experience of criminal justice and accountability after World War II

This paper addresses the problem of ``settling accounts' after periods of armed conflict in a given society (be they civil war, insurrection or occupation by foreign forces), when those who took the losing side have come to be defined as collaborators, a process now known as transitional justice. More specifically, it looks at the way in which Dutch citizens who collaborated with the Nazi occupation forces in deporting and murdering about 80% of the Jewish population of the country, were dealt with after the Second World War. There are generally assumed to be three ways of coming to terms with such traumatic events: prosecution and criminal trial, truth and reconciliation commissions or a combination of both. Under present international law, states have a duty to use the criminal law and to prosecute and punish perpetrators of crimes againt humanity and war crimes, specifically because it is felt that prosecution will bring some measure of recognition and healing to victims. After the Second World War in the Netherlands, the emphasis was indeed on criminal law and the manifest aim was swift and just retribution. The author shows how this was frustrated by political considerations; but – and perhaps this is a more important lesson for the future – also by the fact that criminal law, by its very nature, is unable to deal with the problems of collective guilt or to recognise the suffering of collective victimhood.     

Gangs and Coups D' Streets in the New World Disorder: Protean Insurgents in Post-modern War

The mutation of protean “street gangs” to insurgents illustrates that insurgents need not be ideologically oriented, and need not be traditional revolutionary fighters emerging from the mountains and jungles to take down or control a government. Rather, they may have their own specific commercial money-making motives, and can emerge out of the favelas, callampas, villas miserias, and pueblas jovenes (city slums) not so much to replace governments as to gain very lucrative freedom of movement and action within a supposedly sovereign national-state. Also, mature second and third generation gangs have been known to act as proxies and mercenaries for traditional nation-states that want to maintain “plausible deniability,” and to act as mercenaries for warlords, organized criminal organizations, and/or drug-trafficking cartels that—on certain occasions—need additional “fire-power”. The instability and lack of individual and state security generated by gangs phenomenon and their nefarious allies are also known to lead to the radical change of failed state status. In these terms, gangs are no longer a singular law enforcement issue. As crime and war become more and more indistinguishable, gangs must be considered a larger national security issue—that, paradoxically, must be viewed as a local concept.     

Posttraumatic stress disorder in a World War II concentration camp survivor caused by the attack of two German shepherd dogs: case report and review of the literature

A 79-year-old woman suffered from acute posttraumatic stress disorder (PTSD) and a loco typico, non-displaced fracture of her right distal radius due to an incident involving the assault of two unleashed owned dogs, which suddenly ran into her and aggressively jumped on her chest and knocked her down to the ground. Recovery for her damage claim concerning pain and disability due to her right forearm fracture caused by the incident, was not the issue in the litigation concerned. However, the issue of delayed impact of her previous Holocaust experience placed a significant challenge on M.N., as a plaintiff, in establishing a causal link between the posttraumatic stress disorder concerned and the alleged harmful action of the defendants, the owners of the two dogs. The case reported here proved interesting and instructive not only in the sense of addressing main issues relevant to litigation for psychological damage related to reactivated PTSD and delayed PTSD, but also in the sense of pointing at the clinical relevance of dog assaults on humans which, even without dog bite injuries, may result in a severe traumatization and eventual civil lawsuit.     

The Rich Get Richer and the Poor Get Robbed: Inequality in U.S. Criminal Victimization, 1974–2000

This paper investigates inequality in criminal victimization in the United States over the past quarter century. By analyzing data from the National Crime Victimization Survey, it shows that the crime drop since the early 1970s has benefited upper-income households much more than the poor, so that criminal victimization has become more concentrated among the poor (particularly in the area of nonstranger violence). The paper then decomposes this trend statistically in order to investigate factors that may explain it. That analysis finds that demographic changes in each quintile explain a significant share of the growing concentration of criminal victimization among the poor.     

Even Lawyers Get the Blues: Gender, Depression, and Job Satisfaction in Legal Practice

It is an intriguing puzzle that women lawyers, despite less desirable working conditions and blocked career advancement, report similar satisfaction as men lawyers with their legal careers. The paradoxical work satisfaction reported by women and men lawyers obscures a more notable difference in their depressed or despondent feelings. Using a panel study of women and men lawyers practicing in Toronto since the mid-1980s, we find at least three causal pathways through which gender indirectly is connected to job dissatisfaction and feelings of despondency. The first path is through gender differences in occupational power, which lead to differential despondency. The second path is through differences in perceived powerlessness, which directly influence job dissatisfaction. The third path is through feelings of despondency that result from concerns about the career consequences of having children. The combined picture that results illustrates the necessity to include measures of depressed affect in studies of dissatisfaction with legal practice. Explicit measurement and modeling of concerns about the consequences of having children and depressed feelings reveal a highly gendered response of women to legal practice that is otherwise much less apparent. Women are more likely to respond to their professional grievances with internalized feelings of despondency than with externalized expressions of job dissatisfaction. That is, they are more likely to privatize than publicize their professional troubles.     

The War of the Booksellers: Natural Law,Equity, and Literary Property in Eighteenth-Century Scotland

This article analyses the case of Hinton v Donaldson (1773) in which the judges of the Scottish Court of Session refused to follow their English brethren in recognizing an author's right of property outside the Statute of Anne (1710). The decision must be understood against the background of distinct notions of common law and equity in Scots law, drawn from the Natural law tradition of the European jus commune. At the same time the decision reveals developing strands of Enlightenment thought and concepts of the judicial role in relation to legislation.     

Medicolegal Characteristics of Firearm Homicides in Belgrade,Serbia: Before,During, and After the War in the Former Yugoslavia

A comparative analysis of firearm homicides committed in Belgrade was performed including four representative years: 1987 (before the civil war in the Former Yugoslavia), 1991 (beginning of the war), 1997 (end of the war), and 2007 (period of social stabilization). The increase in the number of homicides was established in 1991 and 1997 compared with 1987, with the decrease in 2007, but with the continuous increase in the percentage of firearm homicides in the total number of homicides, from 12% in 1987 up to 56% in 2007. The significant increase in firearm homicides during the last decade of the 20th century can be explained by the social disturbances and the high availability of firearms, while their reduction in 2007 could be linked to the gradual stabilization of social circumstances. The results showed that the actual social, political, and economical changes strongly influenced medicolegal characteristics of homicides and particularly firearm homicides.     

Jihad in a World of Sovereigns: Law,Violence, and Islam in the Bosnia Crisis

This article argues that jihads waged in recent decades by “foreign fighter” volunteers invoking a sense of global Islamic solidarity can be usefully understood as attempts to enact an alternative to the interventions of the “International Community.” Drawing from ethnographic and archival research on Arab volunteers who joined the 1992–1995 war in Bosnia‐Herzegovina, this article highlights the challenges and dilemmas facing such jihad fighters as they maneuvered at the edges of diverse legal orders, including international and Islamic law. Jihad fighters appealed to a divine authority above the global nation‐state order while at the same time rooting themselves in that order through affiliation with the sovereign and avowedly secular nation‐state of Bosnia‐Herzegovina. This article demonstrates an innovative approach to law, violence, and Islam that critically situates states and nonstate actors in relation to one another in transnational perspective.     

The Paradox of Complaining: Law, Humor, and Harassment in the Everyday Work World

This article addresses the question of women's seeming rejection of sexual harassment law by refusing to apply the label "sexual harassment" in the face of incidents that would easily qualify as such. Building on the work of Bumiller (1988) and the tradition of sociolegal studies focusing on understanding the power of the law in its everyday context (e.g., Merry 1979; Engel 1987; Sarat and Kearns 1993), this analysis explores the "tactical milieu" in which both hostile work environment sexual harassment and tactics for its resistance are produced. Using in-depth interviews with both women and men, the author explores the ways a particular form of hostile work environment harassment–dubbed "chain yanking"–poaches on the realm of ambiguous humor to effect male group solidarity and women's disempowerment. A common countertactic–"not taking it personal"– is analyzed for its simultaneous power as resistance and unwitting collaboration. The contradictory effects of this tactic-countertactic pairing on the naming and claiming of the harm of sexual harassment are examined, as well as the implications this has for combating sexual harassment in the workplace.     

Policing the Anticommunity: Race,Deterritorialization, and Labor Market Reorganization in South Los Angeles

Recent decades have seen the rise of both community partnerships and the carceral state. Community policing in Los Angeles arose after the 1992 uprisings and was built on two conceptual building blocks—the territorial imperative and community partnership—which remain central more than 20 years later. At the same time, LA has undergone a significant black‐to‐Latino demographic shift linked with its restructured economy. This article discusses these changes using archival analysis and 5 years of participant observation in one South LA precinct. Police help to reshape the demography of South LA in ways conducive to post‐Fordist economic shifts. The “community” concept appropriated by urban governance initiatives is composed against an unwanted “anticommunity,” which serves to heighten territorial control over black and Latino residents. Rather than encourage community cogovernance over the institution of policing, community rhetoric facilitates racial preference in neighborhood transition under the auspices of an increasingly bifurcated labor market.