Mental Disorder, Violence, and Gender

Recent studies have reported comparable rates of violence among men and women with mental disorder, raising important issues for clinical risk assessment. This study examines the relationship between gender and violence using data from the MacArthur Violence Risk Assessment Study. Patients in acute psychiatric wards were interviewed 5 times over the year following their discharge to the community. Results showed some differences between men and women in the violence committed immediately following discharge, with rates for men being higher. But the prevalence of violence over the 1 year was similar for female and male discharged patients. However, there were substantial gender differences in the situational context of the violence committed. Men were more likely to have been drinking or using street drugs, and less likely to have been adhering to prescribed psychotropic medication, prior to committing violence. The violence committed by men was more likely to result in serious injury than the violence committed by women, and men were more likely than women to be arrested after committing a violent act. Women were more likely to target family members and to be violent in the home.     

Gender, Threat/Control-Override Delusions and Violence

This study brings together the threat/control-override perspective and the literature on gender and stress coping to argue that gender moderates the association between threat delusions and violence. We suggest that men are more likely than women to respond to stressors such as threat delusions with violence. We test these ideas using data from the MacArthur Violence Risk Assessment Study, a multi-wave study of post-discharge psychiatric patients. Within-person results from two-level hierarchical models support the idea that men and women cope with threat delusions differently. Specifically, we find that men are significantly more likely to engage in violence during periods when they experience threat delusions, compared with periods when they do not experience threat delusions. In contrast, women are significantly less likely to engage in violence during times when they experience threat delusions, compared with periods when they do not. We discuss these findings in light of the literature on gender and stress coping.     

Anti-Domestic Violence Legislation Based on the Gender Mainstreaming

社会性别主流化是联合国推动性别平等、性别公正的主要战略,强调国家立法和政府决策应遵循社会性别平等理念;社会性别主流化追求“性别平等”是对传统“男女平等”的提升,是男女平等的实现保障;社会性别主流化理念在我国反家暴立法中已有初步尝试,并面临诸多障碍;应继续坚持社会性别主流化理念,立足社会性别平等立场,检视现行反家暴法律规范,正视女性的弱势地位,推动我国反家暴立法进程.     

社会性别主流化理念与我国反家暴立法

社会性别主流化是联合国推动性别平等、性别公正的主要战略,强调国家立法和政府决策应遵循社会性别平等理念;社会性别主流化追求"性别平等"是对传统"男女平等"的提升,是男女平等的实现保障;社会性别主流化理念在我国反家暴立法中已有初步尝试,并面临诸多障碍;应继续坚持社会性别主流化理念,立足社会性别平等立场,检视现行反家暴法律规范,正视女性的弱势地位,推动我国反家暴立法进程。     

针对妇女的暴力以及社会性别规范

与性别 (sex)概念不同 ,社会性别 (gender)概念 〔 1〕 表明 ,社会性别的区分并非“自然”形成的 ,它是男女定型角色或社会对于两性差异的认知的结果。自 2 0世纪 80年代以来 ,女权主义法理学运用社会性别概念作为分析工具 ,超越了 60年代追求形式平等、倡导“社会性别中立”范畴的局限 ,转而质疑传统的社会性别中立目标 ,指出由于存在性别盲点 ,致使自 1 9世纪以来的妇女运动非但没有提升妇女地位 ,反而使妇女处于更糟糕的境地。社会不平等的现实———女性贫困化、就业歧视和不平等的报酬、对妇女的暴力 ,都印证了形式平等不能产生事实平…     

Review Symposium: Interdisciplinary Readings of Ari Z. Bryen's Violence in Roman Egypt: Where Law,Violence, and Culture Collide: A Sociolegal Reading of Violence in Everyday Life

Bryen, Ari Z. 2013 . Violence in Roman Egypt: A Study of Legal Interpretation . Philadelphia, PA: University of Pennsylvania Press. Pp. 376. $75.00 cloth; $75.00 eBook. This comment considers Ari Bryen's Violence in Roman Egypt (2013) from sociological and sociolegal perspectives. Although Bryen is a historian, and his site of inquiry is second‐century Roman Egypt, he turns to contemporary sociologists and law and society scholars to highlight the interplay between law and the social world in the construction of violence. In doing so, he finds a new way to analyze the role of law as a cultural resource for nonelites to make sense of their social world but also to change it (albeit with limits) through law.     

The Impact of Officer and Agency Characteristics on the Likelihood of Arrest in Domestic Violence Situations among Rural Law Enforcement Officers

Domestic violence cuts across all demographic groups. The factors related to why police officers arrest in some domestic violence situations but not others have been often studied. Little research, however, has been conducted on the arrest views of rural police officers. One hundred seventy line officers in six rural Midwestern counties were surveyed to determine the impact of officer personal characteristics and agency type on arrest decisions in various hypothetical domestic violence scenarios. First, the same situational factors appeared to be important in shaping the arrest decision in domestic violence calls of rural officers as have previously been found with urban officers. Second, the characteristics of officers and the type of agency had some impact on the likelihood of arrest, particularly if there was evidence of a physical assault. Third, the presence of evidence of a physical assault helped shape the arrest decisions of rural officers. Fourth, situational factors were more important than officer characteristics and the type of agency. Nancy Hogan and Shannon Barton contributed equally to the paper. The authors thank Janet Lambert for editing and proofreading the paper. The authors also thank the anonymous reviewers for their comments and suggestions.     

《反垄断法》与行业立法、反垄断机构与行业监管机构的关系之比较研究及立法建议

如何处理《反垄断法》与行业性规制立法、反垄断机构与行业监管机构的关系是《反垄断法》起草中所需要解决的重要问题。参照其他国家(地区)的相关立法及在结合我国实际的基础上,本文提出了理解《反垄断法》和行业立法在反垄断规制问题上的“一般法”和“特殊法”关系的基本原则,及合理配置反垄断机构与行业监管机构管辖权的具体思路,并在上述分析借鉴的基础上提出了相应的立法建议。     

国际代理法律适用研究

代理作为一项古老的法律制度 ,在商品经济活动中起着十分重要的作用。在国际代理的法律适用方面 ,国际上的做法主要有 :代理权方面 :内部关系准据法说 ;本人营业地或住所地法说 ;行为地法说和代理人营业地或住所地法说。至于国际代理的内部关系和外部关系各国大都将之纳入一般合同中加以讨论。     

Agency Law and Contract Formation

Various issues in the common law arise when agents make contractson behalf of principals. Should a principal be bound when hisagent makes a contract on his behalf that he would immediatelywish to disavow? The tradeoffs resemble those in tort, so theleast-cost avoider principle is useful for deciding which agreementsare binding and can unify a number of different doctrines inagency law. In particular, an efficiency explanation can befound for the undisclosed-principal rule, under which the agent'sagreement binds the principal even when the third party withwhom the contract is made is unaware that the agent is actingas an agent.     

第一届知识产权、标准与反垄断法国际研讨会纪实报道

2011年5月26-27日，由工业与信息化部电子知识产权中心主办的第一届知识产权、标准及反垄断法国际研讨会在京召开。此次研讨会是《2011年工业与信息化部知识产权工作推进计划》的重要活动之一，由工信部科技司、国家发改委价格监督检查司、商务部反垄断局、国家工商总局反垄断与反不正当竞争执法局、国家知识产权局保护协调司和国标委工业标准二部担任指导单位。     

社会性别与婚姻暴力实证研究

婚姻暴力受害者多为女性。婚姻暴力循环会导致妇女面临更多经济与精神困惑,从而使妇女成为需要法律特别关注的弱势群体。我国应构建预防与制止婚姻暴力的社会措施与法律体系。在立法与执法中,应充分导入社会性别视角,才能有效保障妇女的合法权益。