性别正义:迈向宪治的社会性别

我们对性别身份及其差异已经习以为常,而这或许是一个"可怕的错误"。性别平等的实现有赖于我们对社会性别及其女权主义理论的深刻理解,以期在性别认知的基础上对现存的性别歧视进行矫正。透过妇女的经验,性别化取向和决疑术可以为女性主义法律的理论化、性别化与权利实践策略的企图提供理论与实践的架构。由是,我们对"跨性别"及性别正义充满宪政期待。     

Girls in Traditional and Gender-Responsive Juvenile Justice Placements

There is no shortage of policy, research, or practice recommendations for implementing gender-responsive programming. There is, however, substantial variation in the way in which gender-responsive has been defined and operationalized in practice. This exploratory study represents an examination of girls’ lived experiences in traditional and gender-responsive juvenile justice programs from an insider’s perspective. Participants’ narratives were overwhelmingly positive about gender-responsive programming; however, the findings in this study also suggest that it is critical to incorporate important gender-neutral skills into gender-responsive programming to enable girls to succeed economically and interdependently as they attempt to maintain themselves and their families once they are released from custody.     

Beyond Legalism: Towards a Thicker Understanding of Transitional Justice

The field of transitional justice is increasingly characterized by the dominance of legalism to the detriment of both scholarship and practice. The first part of the paper examines what is meant by legalism and its consequences in the field through a number of overlapping themes: 'legalism as seduction', the 'triumph' of human rights, and the tendency towards 'seeing like a state'. The second part considers a number of correctives to such leanings which are analysed as encouraging legal humility, exploring the human rights as development axis, and finally developing a criminology of transitional justice. As law's place at the heart of transition from conflict is now secure, the time is right for a more honest appraisal of the limitations of legalism and a correspondingly greater willingness to countenance the role of other [non-legal] actors and forms of knowledge. 'Letting go of legalism' will both thicken the subject and deliver more effective change on the ground.     

Towards an Integration of Distributive Justice,Procedural Justice,and Social Resource Theories

The aim of this paper is to formulate new and more precise predictions regarding behavioral reactions to distributive and procedural injustice via insights from resource theory. The three theories share focus on discrepancies between actual and ideal states of existence as well as on psychological and behavioral reactions to discrepancy. But they also differ from each other in their conceptualizations and theorizing about these matters. Equity theory conceptualizes discrepancy as a perceived mismatch between inputs and outcomes; multiprinciple distributive justice and procedural justice theories view discrepancy as a mismatch between expected and applied distribution and procedural rules, respectively. Resulting feelings of inequity/injustice may trigger attempts to restore justice. Within the framework of resource theory, discrepancy concerns an inappropriate match between the nature of the provided and received resources. This leads to frustration which, in turn, may trigger attempts at retaliation. Limitations of the theories are discussed, with particular focus on their inability to match specific discrepancies with appropriate behavioral reactions. Behavioral predictions are based upon established congruence between behavioral reactions and violated procedural rules as well as type of inequity, as determined via their respective resource isomorphism. Limitations of the present integration attempt are discussed.     

Philosophical Criminology and Complex Systems Science: Towards a Critical Theory of Justice

Chaos theory (or complex systems science, CSS) has made considerable inroads across a range of social science disciplines, including criminology. However, little has been done to assess the relevance of chaos theory for advancing a philosophical criminology. This task is significant because it tells us something about where, how, and why most modernist theories of crime are of limited utility when advancing the interests of justice and humanism in society. Accordingly, this article outlines the essential features of a philosophical criminology, including its commitments to ontology, epistemology, aesthetics, and ethics. Moreover, the contexts in which several key chaos theory principles such as iteration, sensitive dependence on initial conditions, bifurcations, attractors, fractal space, and dissipative structures function to promote a philosophical criminology are explored. A number of implications stemming from this analysis for purposes of critical theory building in law, crime, and justice studies are provisionally delineated.

---

Comparing Juvenile Justice Systems: Towards a Qualitative Research Project in East Asia

This paper contrasts the assumptions and methods used by quantitative criminologists with the approach to comparison pursued by the interpretive tradition in sociology. Whereas quantitative studies tend to conceal distinctive legislative or institutional responses in particular countries, interpretive studies make it possible to address internal debates about policy issues, as well as how practitioners exercise professional judgement. The paper considers a variety of ways in which the interpretive traditions of symbolic interactionism and ethnomethodology have approached comparison. It also considers the conceptual and practical issues that might arise in conducting a qualitative comparative study about juvenile justice within East Asia focusing on Japan, South Korea and Taiwan. Whereas quantitative studies tend to ask questions that interest Western researchers, interpretivism makes possible a dialogue between countries that have different institutions, philosophies and cultures.     

Towards Good Practice in Juvenile Justice Policy in the Commonwealth

Any witness who is not able to testify due to lack of support or protection is a loss to the proper functioning of a criminal justice system. In this context it is generally accepted that creating a climate for witnesses to testify truthfully and without fear of reprisals is essential to fulfilling the goals of truth and justice. Accordingly, addressing the issues of witness protection and support is a central aspect of a well-functioning criminal justice system; one that contributes not only to the rule of law through more effective investigations and trials, but also ensures that witnesses are treated with the recognition and care they deserve for their contribution to finding the truth. The principle that victims in the criminal justice system must be treated with courtesy, compassion and respect for their personal dignity entails a responsibility on the part of national authorities to realise this basic principle through the development of appropriate mechanisms designed to provide assistance to the victims. However, building effective national victims/witness support and protection is challenging for any state, and especially so for small Commonwealth jurisdictions due to capacity and other constraints. The Commonwealth seeks to provide technical assistance and capacity building to support its members in promoting the rule of law and has developed and disseminated a best practice guide for the protection of victims and witnesses in the criminal justice system. This article seeks to highlight the valuable findings of the Commonwealth guide and to provide guidance to policy-makers, legislators, police, prosecutors and other stakeholders in criminal justice practice.     

Political Ideology,Perceived Threat,and Justice Towards Immigrants

In multiethnic societies, issues of justice and fairness have become the focus of intense public debate. Although current psychological theories of distributive and procedural justice concentrate on multiple normative rules that guide allocation decisions, there is little research that focuses on the particular relationship between immigrants as recipients and members of the host society as allocators. In the present study Germans were asked about their opinions as to what Turkish immigrants in Germany deserve or are entitled to and to which degree they pose a threat to German culture. Political orientation of the allocator turns out to be an important predictor of how distributive and procedural justice concerns are evaluated. Both conservatives and liberals exhibit a different conception of what counts as distributive justice. With regard to procedural justice, however, liberals and conservatives did not differ much. Moreover, perceived threat to German culture is significantly related to distributive justice but not to procedural justice.     

Criminal Justice in a Democracy: Towards a Relational Conception of Criminal Law and Punishment

This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity, mutual respect and responsibility fits best with a democracy under the rule of law.

Presidential Address: the Declining Significance of the Literature Review in Criminal Justice Scholarship: Towards a New Paradigm

Literature reviews in criminological and criminal justice journal articles have long served as an integral component in our empirical backyard. In this address I explore the value of the literature review in peer-reviewed research articles. I begin by evaluating the merits of the literature review section in empirically refereed research articles. I propose abandoning the literature review, due to its overall insignificance and best practices from other disciplines. Based on reasons outlined in this speech, I elaborate on the strengths and weaknesses of this somewhat controversial notion in the criminological/criminal justice discipline.     

Justice for All: Putting Victims at the Heart of Criminal Justice?

This article considers the claim in the government's White Paper, Justice for All , to put victims and witnesses at the heart of the criminal justice system and argues that there is an unresolved tension within the paper between instrumentalist crime control concerns and intrinsic concerns for the rights of victims and witnesses. It is argued that many of the proposals now contained in the latest Criminal Justice Bill are so preoccupied with rebalancing the system away from offenders that they risk doing injustice to defendants with little tangible benefit to victims and witnesses in terms of rights and remedies.     

On Justice Knowledge Activation: Evidence for Spontaneous Activation of Social Justice Inferences

This article focuses on how people infer the justness of events they encounter. Earlier justice research typically asked participants explicitly for their justice judgments. More recent research provided evidence for the possibility of spontaneous judgment inferences. The present research extends this study in three important ways: it provides strong evidence that (1) spontaneous social justice inferences can occur in multiple research paradigms, (2) these inferences constitute a process separate from spontaneous general evaluation of valence, and (3) spontaneous justice inferences covary with individual differences in sensitivity to justice. We provide evidence for these three conclusions by means of important implicit measurement research paradigms that we specifically tailored to study justice inferences: the probe recognition paradigm and the grid-relearning paradigm. We discuss the implications of our findings for both the literatures on justice and spontaneous inferences.     

Prevention,Crime Control or Cash? Public Preferences Towards Criminal Justice Spending Priorities

We propose and test a new methodology to assess the public’s criminal justice spending priorities. Respondents are asked to trade‐off alternative crime prevention and control policies as well as a potential tax rebate. In a nationally representative sample, we found overwhelming support for increased spending on youth prevention, drug treatment for nonviolent offenders, and police. However, the median respondent would not allocate any new money to building more prisons and would not request a tax rebate if the money were spent on youth prevention, drug treatment, or police. At the margin, we estimate the public would receive $3.07 in perceived value by spending $1.00 on youth prevention; $1.86 in value for every dollar spent on drug treatment; and $1.76 for a dollar spent on police. However, the public would not spend more on prisons, deriving only 71 cents in value for every tax dollar spent.