Unsettled Times for American Families

In Caring for Our Own: Why There Is No Political Demand for New American Social Welfare Rights (2014), Sandra Levitsky reveals how an enduring ideology of family responsibility and a decoupling of social support groups from organized advocacy constrains mass legal mobilization to address long‐term elderly care in the United States. This essay argues that American families have entered an unsettled period linked to social inequality, young adult living arrangements, immigration, and institutional shifts related to LGBTQ families, workplace‐family conflict, and the criminalization of elder abuse. These changes to the family may create the conditions for questioning the ideology of family responsibility and new possibilities for collective action with potentially contradictory meanings and lines of action, including politicization and legal mobilization.     

An Integrated Theoretical Model of Sibling Violence and Abuse

Drawing on three theoretical perspectives (feminist, conflict, and social learning), an integrated analytical model of adolescence sibling violence and abuse is proposed. The model suggests that certain characteristics of the parents' relationship, various aspects of parent–child relations, and characteristics of the sibling relationship are major components in explaining sibling violence and abuse. These are mediated by individual sibling characteristics and sibling verbal conflict. The model should enable researchers to systematically examine, in a more holistic way, the factors related to violence and abuse, and to assess their relative importance in accounting for these phenomena.     

High Risk Behaviors Among Victims of Sibling Violence

Despite the fact that sibling abuse has been documented as the most common form of intrafamilial abuse, it has been largely overlooked. Using data from the 2007 Delaware Secondary School Student Survey (N = 8,122), this paper focuses on four objectives: to estimate prevalence of sibling abuse, examine the relationship between sibling violence and high risk behaviors such as substance use, delinquency and aggression, explore the interplay of sibling abuse and other forms of family violence in predicting high risk behaviors, and test theory. Results suggest that sibling violence occurs more frequently than other forms of child abuse. Results also confirm that sibling violence is significantly related to substance use, delinquency, and aggression. These effects remain significant after controlling for other forms of family violence. The data suggest support for feminist theory and social learning theory.     

Treating Adult Survivors of Sibling Sexual Abuse: A Relational Strengths-Based Approach

Sibling sexual abuse is a far more common manifestation of family violence than is often recognized. Researchers agree that it has received less attention than other forms of child abuse trauma despite the fact that good evidence suggests it is no less injurious than child sexual abuse when a parent or other adult is the perpetrator. This paper describes a relational, strengths-based approach to psychotherapy with adult survivors of sibling sexual abuse guided by trauma-informed principles. Cultural considerations are discussed as well as an overview of the clinical research on sibling sexual abuse and its harmful effects. Clinical case material, treatment strategies and a case illustration demonstrate therapeutic principles of the approach in action.     

Parental and Others’ Responses to Physical Sibling Violence: a Descriptive Analysis of Victims’ Retrospective Accounts

Although sibling abuse may be the most common form of family violence, relatively few studies have been conducted on this topic. The current exploratory study addressed this gap in the literature through analyses of thematic categories in sibling abuse narratives gathered from an online survey of sibling violence victims. All data was collected via an online survey. Participants who reported being victimized by physical sibling violence were asked to reflect on how others—family members, professionals, and friends—responded to knowledge of the abuse. Results demonstrate a need for general education about sibling violence, particularly for parents who might minimize or normalize their children’s violent conflicts. Additionally, parents need assistance in developing appropriate responses to sibling violence, as participants often perceived their parents to be ineffective at preventing or stopping the abuse. Finally, this study suggests that negative or unhelpful parental responses can be as harmful as the sibling violence itself.     

Medical and Familial Claims to Long‐Term Care: Institutional Gaps and Shifting Jurisdictions

In light of the contemporary long‐term care crisis, Sandra Levitsky's book Caring for Our Own examines why there has been no movement to secure state support for caregivers. Speaking to sociolegal and social movement audiences, Levitsky reveals how lack of collective identity, the power of family‐based ideologies, and the separation of support organizations from political ones help to repress mobilization. In this essay I refract Levitsky's findings through the lens of organizational theory and medical sociology. I argue that the social problem of long‐term care is caught in an institutional gap since it does not readily fall under the purview of either medicine or family. I also discuss the implications of lay caregivers' provision of sophisticated medical care for theories of professional jurisdictions and gatekeeping.     

Conceptions of Agency in Social Movement Scholarship: Mack on African American Civil Rights Lawyers

This essay examines the theory of individual agency that propels the central thesis in Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer (2012)—namely, that an important yet understudied means by which African American civil rights lawyers changed conceptions of race through their work was through their very performance of the professional role of lawyer. Mack shows that this performance was inevitably fraught with tension and contradiction because African American lawyers were called upon to act both as exemplary representatives of their race and as performers of a professional role that traditionally had been reserved for whites only. Mack focuses especially on the tensions of this role in courtrooms, where African American lawyers were necessarily called upon to act as the equals of white judges, opposing counsel, and witnesses. Mack's thesis, focused on the contradictions and tensions embodied in the performance of a racially loaded identity, reflects the influence of postmodern identity performance theory as articulated by Judith Butler and others. Mack and others belong to a new generation of civil rights history scholars who are asking new questions about contested identities related to race, gender, sexuality, and class. This essay offers an evaluation of this new direction for civil rights scholarship, focusing especially on its implicit normative orientation and what it contributes to the decade‐old debate over how to conceive of agency in social movement scholarship.     

Activist Lawyers in Post‐Tiananmen China

What do the activities of twenty‐first‐century Chinese lawyers tell us about the origins and prospects of legal activism under authoritarianism? This essay fits China's Human Rights Lawyers (2014) into an emerging literature on authoritarian legality. The book offers an insider view of a circle of lawyers interested in using China's newly accessible courts as a platform for social activism. It highlights the difficulty of rights lawyers’ day‐to‐day work against the backdrop of the Chinese state's long‐term experiment in how to harness the power of law without ceding political control.     

Post-secular Messianism Against the Law: Judith Butler on Walter Benjamin and ‘Sacred Life’

This essay focuses on Judith Butler’s configuration in Parting Ways: Jewishness and the Critique of Zionism (2012a) of sacred life from the mystical motifs that traverse Walter Benjamin’s writings as the pivot of an anti-identitarian ethics committed to non-violent resistance. To gain critical leverage on Butler’s post-secular stance, my analysis turns to Talal Asad’s ‘Redeeming the “Human” Through Human Rights’ chapter from Formations of the Secular (2003), where he enunciates a disparity between a ‘pre-civil state of nature’ and the notion of ‘inalienable rights’ that informs the subject’s rights under secular law. In underscoring the secular state’s inability or refusal to ascribe sacredness to ‘real living persons’ over and against ‘“the human” conceptualized abstractly, or imagined in a state of nature’ as presumed by natural law, Asad indirectly articulates what is at stake in Butler’s explication in Parting Ways of Benjamin’s ‘Critique of Violence’. In this context, Butler unpacks Benjamin’s remarks about the sixth commandment’s non-coercive disposition and the inner struggle its provisional applicability prompts. A conception of ‘sacred life’ crystallizes through Butler’s emphasis on the open-endedness of this struggle, which encourages us to abandon a solipsistic investment in our own suffering in the process of acknowledging its eternally transient rhythm. I argue that Butler supplements this motif by drawing upon Hannah Arendt’s grounding of the political in cohabitation. My contention is that while ‘sacred life’ forms the backbone of Butler’s affirmation of civil disobedience, Arendt empowers Butler’s ethics to transcend Benjamin’s Jewish-messianic melancholy by radicalizing the passivity that refracts it.     

Sibling Sexual Abuse: An Exploratory Study of Long-term Consequences for Self-esteem and Counseling Considerations

Great advances have been made regarding the study of child sexual assault since the 1970’s. In spite of these advances, the gravity of sibling sexual abuse has largely been overlooked in sexual abuse literature. This paper uses peer reviewed research to highlight some of the major issues and unique long-term consequences associated with sibling sexual abuse. Specifically, an altered version of the Conflict Tactics Scale Straus (Journal of Marriage and the Family 41:75-88, 1979) and The Rosenberg Self-Esteem Scale Rosenberg (1965) were used to explore the long-term impact on self-esteem for those having experience with sibling sexual abuse as a child. In addition, clinical considerations for working with survivors, offenders, and families are provided.     

Child Sexual Abuse in Turkey: An Analysis of 1002 Cases

This study investigated the characteristics of abuse suffered by children, the dimensions of the psychiatric effects associated with abuse, and the factors affecting these. One thousand two cases aged under 18, exposed to sexual abuse, and referred over a 7‐year period were assessed. Girls represented 80.8% of cases, and the numbers rose with age. The aggressors were all male, and 88.2% were known to their victim. Approximately half the children were exposed to sexual abuse involving penetration. Psychological pathology was identified in 62.1%. Female gender, the presence of penetration, physical violence, and incest significantly increased the development of psychological pathology. Levels of awareness in people close to and trusted by the child must be raised to minimize the adverse effects of trauma in the long term, preventive measures must be taken, and medical and social support units from which victims can receive assistance need to be established.     

Scale of negative family interactions: a measure of parental and sibling aggression

This article examines a measure of received emotional, physical, and sexual aggression within the family: the Scale of Negative Family Interactions (SNFI). Unlike traditional familial violence scales that measure parental aggression alone, the SNFI simultaneously measures sibling violence for a more comprehensive examination of familial aggression. Although a variety of scales may be used in researching parental abuse, the SNFI is uniquely intended for (a) examining sibling violence while controlling for parental aggression, (b) examining parental abuse while controlling for sibling violence, and (c) comprehensively examining family violence to include aggression from both parents and siblings. Test-retest and internal consistency reliability were demonstrated, and evidence for validity is presented. In addition to offering a measure of sibling and parental aggression, the SNFI has the advantages of including everyone in the role of parent or sibling and of measuring a wide variety of emotional, physical, and sexual aggression within the family.     

Assessing for bruises on the soul: identifying and evidencing childhood emotional abuse

The term ‘emotional abuse’ is acknowledged by law in the Children Act 1989 and refers to the wider social concept of harm that occurs in the psychosocial domain. Emotional abuse is a contested notion and a form of harm that statutory child protection social workers find difficult to recognise and gather evidence of. Early preventative intervention approaches, which occur outside the legal system, are the preferred course of action in work with emotional abuse. However, child protection social workers may use their statutory powers and duties to implement interventions when cases are deemed to require attention within legal frameworks.Professionals routinely fear legal work in cases of emotional abuse, feeling inadequately equipped to engage effectively with the law. This article draws on rich research data, gathered for an Economic and Social Research Council funded doctoral project. The data offers an original perspective on the interaction between social work and law, adding to existing literature on the frictions that exists. Using psychosocial methods, the research explores social worker experiences of identifying and evidencing emotional abuse, with particular attention to the application of ‘attachment theory’. The article shines a light on some practice complexities of identifying and evidencing emotional abuse.     

The Impact of Trauma on Child Development

A growing body of research links childhood experiences of abuse and neglect with serious life‐long problems including depression, suicide, alcoholism and drug abuse, and major medical problems such as heart disease, cancer, and diabetes. Two basic processes, neurodevelopment and psychosocial development, are affected by early abuse and neglect. Scientists have begun to understand the mechanisms through which these adverse experiences alter child development and produce pernicious mental, medical, and social outcomes. These insights have opened opportunities to intervene to prevent maltreatment and to mitigate its effects. Future success depends on the greater dissemination and refinement of these interventions.     

Negative governmentality through fundamental rights: The far side of the European Convention on Human Rights

This essay analyses those statements that mention legal norms in negative terms. Specifically, it analyses those statements that define a legal system by mentioning how legal protection does not work and where legal protection ends, and those statements that identify what rights‐holders do not have to with their legally protected free capacities. This essay argues that these statements address a systemic question. It calls such a dynamic as negative governmentality. The argument proceeds in four steps. It introduces the concept of negative governmentality by arguing that the idea of freedom requires both the positive affirmation of moral agency and the constraining of moral agency (Section 2 ). It then explores how rights constitute freedom by limiting rights or making exceptions to them (Section 3 ). Later, it analyses how rights‐based norms prevent abuse of rights by holders of rights (Section 4 ). Finally, it sees how rights‐based norms constrain the legal guarantor of rights, i.e., a state (Section 5 ). The essay concludes by mentioning the importance of negative governmentality (Section 6 ).     

THE FORGOTTEN BONDS: THE ASSESSMENT AND CONTEMPLATION OF SIBLING ATTACHMENT IN DIVORCE AND PARENTAL SEPARATION

Attachment theory is increasingly being considered when contemplating post‐divorce parenting plans. Historically, there has been a strong emphasis on assessing the strength of the parent‐child bond as well as a child's attachment style. Surprisingly little research has focused on sibling bonds and the implications for post‐divorce parenting plans. This article provides an overview of sibling attachment theory, sibling attachment considerations in foster care decisions, and the limited research examining sibling attachment in divorce and parenting schedules. Several key questions are offered for mental health and legal professionals to consider when factoring sibling relations into post‐separation parenting plans.     

Coffee House: Habitus and Performance Among Law Students

Drawing on the work of Pierre Bourdieu and Judith Butler, we develop a detailed ethnography of a social space in a major law school and explore its socialization of the students there. "Coffee House" is a weekly social event sponsored by Canadian law firms and offering free drink and food to the students present. We argue that this event and the actors involved profoundly change student identities and alter educational aspirations. Although the students themselves insist that "nothing is going on," our ethnography suggests that in "Coffee House" identity is developed through performances, and in the accumulation of symbolic capital, until ultimately students come to feel their future career path is not a matter of choice, but destiny. We explore the important work of Bourdieu through this setting, but ultimately we resist his determinism, and suggest instead that, following the work of Butler, identity is a more complicated and fluid dynamic between space, repetition, and performance. It appears that a personal unconscious transformation among law students attending Coffee House is underway; yet opportunities to change the meaning of this space and these performances remain.     

In Defence of Quasi‐Contract

Restitution scholars are almost unanimous in rejecting the term quasi‐contract. This essay challenges this view. It begins by demonstrating that many debates among restitution scholars are in fact debates about the boundaries of consent‐based liability. This serves as an introduction to the main thesis advanced, which is that the idea of quasi‐contract, which is supposed to cover cases in which the parties would have made a contract if conditions allowed them to do so, helps to explain the doctrine better than the conclusory language of unjust enrichment. The essay concludes by situating the argument within the growing literature on the normative foundations of restitution. It argues that quasi‐contractual liability should be understood not as part of unjust enrichment, but as a different basis of liability that can help us see what liability for unjust enrichment might be: liability grounded in notions of fairness.     

Repeated Abuse during Childhood and Adolescence Leading to Suicidal Behavior in an Adolescent: A Case Report

Children in all societies are often neglected, maltreated, abused, intentionally or otherwise by their parents, siblings and in school. One of the most important and preventable long term consequences of childhood abuse is the development of suicidal tendencies in adolescence or adulthood. We report such a case of childhood abuse leading to repeated suicidal attempts in an adolescent. Individual and family therapy, coupled with other specific interventions, has helped the teenager and his family lead a normal life. Thus, proper treatment and counseling will be helpful to cope with difficult family and social situations.