Differences in Empathy Between Offender and Nonoffender Youth

The purpose of this study was to examine differences in empathy between offender and nonoffender youth. Seventy-six male and 33 female juvenile offenders between the ages of 12 and 18 years and 33 male and 33 female nonoffenders between the ages of 15 and 19 years comprised the samples for this study. Measures of empathy, altruism, and social support were administered to all participants and then the participants were analyzed for status group differences. Only 1 dimension of empathy, emotional tone, was found to be significantly different based on group status. Gender differences were found for both status groups for another dimension of empathy, personal distress. Among offender and nonoffender youth, females yielded higher scores in personal distress than did males. Emotional tone and family structure were found to be the most predictive variables of offender status. Findings were discussed based on previous research and implications for interventions were addressed.Evaluation and Special Programs     

The Effects of Pathological Gaming on Aggressive Behavior

Studies have shown that pathological involvement with computer or video games is related to excessive gaming binges and aggressive behavior. Our aims for this study were to longitudinally examine if pathological gaming leads to increasingly excessive gaming habits, and how pathological gaming may cause an increase in physical aggression. For this purpose, we conducted a two-wave panel study among 851 Dutch adolescents (49% female) of which 540 played games (30% female). Our analyses indicated that higher levels of pathological gaming predicted an increase in time spent playing games 6 months later. Time spent playing violent games specifically, and not just games per se, increased physical aggression. Furthermore, higher levels of pathological gaming, regardless of violent content, predicted an increase in physical aggression among boys. That this effect only applies to boys does not diminish its importance, because adolescent boys are generally the heaviest players of violent games and most susceptible to pathological involvement.     

The question of marital rape

The legal definition of rape most commonly used in the United States — ‘sexual intercourse by a male with a female not his wife without her consent’ — gives legal permission for men to rape their wives. This article integrates the legal and psychosocial aspects of marital rape and the marital rape exemption. That rape is an act of aggresion against women is established, and the effects of intimate rape are explored. A brief legal history of the marital rape exemption is included, followed by a look at the arguments both for maintaining and for abolishing this rape exemption. The societal influences that make rape and abuse seem ‘okay’ are discussed, and steps that have been taken towards change in the United States are outlined. Suggestions for further change in the rape laws and penalties are offered in the conclusion.     

Barriers to Gender Equality in the Canadian Legal Establishment

In this paper we trace the historical exclusion of women from the legal profession in Canada. We examine women’s efforts to gain entry to law practice and their progress through the last century. The battle to gain entry to this exclusive profession took place on many fronts: in the courts, government legislature, public debate and media, and behind the closed doors of the law societies. After formal barriers to entry were dismantled, women continued to confront formidable barriers through overt and subtler forms of discrimination and exclusion. Today’s legal profession in Canada is a contested one. Women have succeeded with large enrolments in law schools and growing representation in the profession. However, women remain on the margins of power and privilege in law practice. Our analysis of contemporary official data on the Canadian legal profession demonstrates that women are under-represented in private practice, have reduced chances for promotion, and are excluded from higher echelons of authority, remuneration, and status in the profession. Yet, the contemporary picture of the legal profession also reveals that women are having an important impact on the profession of law in Canada by introducing policy reforms aimed at creating a more humane legal profession. This revised version was published online in July 2006 with corrections to the Cover Date.     

Video Game Violence Use Among “Vulnerable” Populations: The Impact of Violent Games on Delinquency and Bullying Among Children with Clinically Elevated Depression or Attention Deficit Symptoms

The issue of children’s exposure to violent video games has been a source of considerable debate for several decades. Questions persist whether children with pre-existing mental health problems may be influenced adversely by exposure to violent games, even if other children are not. We explored this issue with 377 children (62 % female, mixed ethnicity, mean age = 12.93) displaying clinically elevated attention deficit or depressive symptoms on the Pediatric Symptom Checklist. Results from our study found no evidence for increased bullying or delinquent behaviors among youth with clinically elevated mental health symptoms who also played violent video games. Our results did not support the hypothesis that children with elevated mental health symptoms constitute a “vulnerable” population for video game violence effects. Implications and suggestions for further research are provided.     

Unequivocal Victims: The Historical Roots of the Mystification of the Female Complainant in Rape Cases

Historically, numbers of women complainants in rape trials have been regarded suspiciously, or prejudiced in that their credibility has been seriously called into question, or undermined, both from within and outside the courtroom. Arguably, public and legal perceptions as to the expected conduct and behaviour of the stereotypical rape victim have been grounded in the belief that genuine women who allege rape should act and portray themselves as unequivocal victims. This suggests that the contemporary construct of the female rape victim and her associated stereotypical image should be considered not solely as a legal derivative but also within a wider cultural context. This article explores the historical influences that shaped the cultural construct operating in the U.K., in particular, the societal and legal attitudes of the mid-Victorians towards women and sexual violence, creating an historical mystification around the construct of the female rape victim and the crime of rape itself. Reference is made to a number of cases reported in The Times newspaper between 1850–1885 which underline the requisite portrayal of the rape complainant as an unequivocal victim. It is argued that the relocation of this historical and socially constructed mythological imaginary within the context of the law and the trial process has disproportionately contributed to the modern scepticism which surrounds the female complainant. This revised version was published online in July 2006 with corrections to the Cover Date.     

Sentencing Domestic Homicide Upon Provocation: Still `Getting Away with Murder

Sentencing practices in cases of domestic homicide have been the object of critical scrutiny on previous occasions across a number of jurisdictions. It has been suggested by some that these practices reveal judges to be taking a more lenient approach to women who kill their violent male partners than to men who kill allegedly unfaithful female partners. This note evaluates claims of gender bias in sentencing practices in UK cases of domestic homicide following the Court of Appeal sentencing decision in R. v. Suratan, R. v.Humes and R.v. Wilkinson (Attorney General's Reference No.74, No. 95 and No. 118 of 2002) [2002]E.W.C.A. 2982 concerning three men who killed their female partners. It will argue that in the wake of this decision current proposals to review both the substantive law of provocation and sentencing practices are to be welcomed. This revised version was published online in July 2006 with corrections to the Cover Date.     

Legal Violence Against Syrian Female Refugees in Turkey

Turkey hosts the world’s largest community of Syrians displaced by the ongoing armed conflict. The object of this article is to explore the damaging effects of a hostile legal context on female Syrian refugees in Turkey. I base my analysis on scholarship that theorises immigration legislation as a system of legal violence and I argue that the Temporary Protection Regulation and the Law on Foreigners and International Protection that govern the legal status of refugees in Turkey inflict legal violence on Syrian female refugees. This legislation keeps them in the regime of temporary protection and prevents their access to international protection. The temporary protection regime serves furthermore as the main determinant for other forms of legal violence inflicted by various actors. I explore the effects of the Turkish government’s inaction in terms of preventing and sanctioning the abuse of Syrian female refugees as unpaid sex and household workers. I show that the extended legal limbo on the conditions of employment of Syrian refugees secures female Syrians as the most precarious workforce for Turkey’s various sectors. Finally I claim that the forced confinement of Syrian beggars in refugee camps is instrumentalised for their disciplinary regulation.     

Violent Victimization and Perpetration During Adolescence: Developmental Stage Dependent Ecological Models

Using a variant of the ecological-transactional model and developmental theories of delinquency on a nationally representative sample of adolescents, the current study explored the ecological predictors of violent victimization, perpetration, and both for three different developmental stages during adolescence. We examined the relative influence of individual and family characteristics, peers, and neighborhood characteristics on the odds of experiencing violent victimization and perpetration over time with two waves of the National Longitudinal Study of Adolescent Health for those adolescents who reported no exposure to violence at Wave 1 (N = 8,267; 50% female; 59% Caucasian; 17% African-American; 14% Hispanic). We found that more proximal factors differentiated between different experiences with violence at Wave 2. Also, negative peers significantly differentiated between violent victimization and perpetration, and this influence was strongest in early adolescence. In exploratory analyses, we found that middle adolescents were particularly vulnerable to their disadvantaged neighborhoods for a high-risk group. This analysis is one of the few that considers multiple ecological contexts simultaneously and provides support for developmental differences within adolescence on the influence that peers and neighborhoods have in predicting violent victimization and perpetration.     

Should female circumcision continue to be banned?

Conclusion This paper has attempted to steer a middle course between two opposing views. Although the examination tilts in favour of the conservationist, by proposing legal regulation of the practice, it also seeks to contain the fear of the abolitionist. The proposed regulation will make it illegal for minors to undergo female circumcision, and only those adults who wish to have it done will be permitted under the strict scrutiny of the law.Female circumcision has returned to mainstream debate again and one hopes that this time a compromise acceptable to the abolitionists and the conservationists will be forged. The latter group should be given the opportunity of expressing its view without fear of being regarded with contempt. Such a cordial approach will foster a fair debate between the various interest groups that is long overdue.This paper is a modified version of an earlier one delivered at Exeter College, Oxford, at the forum of The Oxford Civil Liberties Society in November 1994. I would like to thank the reader forFeminist Legal Studies for the comments made and to James Peniston for the editing.     

Shocking Thoughts: A Reply to Anne Bottomley

This is a response to an article published in an earlier issue of this journal (Bottomley, A., Feminist Legal Studies 12/1 (2004), 29–65) in which an article by this author was cited as a prime example of a dangerous emerging 'orthodoxy' in feminist legal theory and subjected to a sustained and critical analysis. The purpose of this response is to reflect briefly on the rhetorical style and the theoretical orientation of that article, and to consider their worrying implications for the practice of feminist legal theory as a whole. This revised version was published online in July 2006 with corrections to the Cover Date.     

Not `Social Justice': The Housing Association, the Judges, the Tenant and his Lover Fitzpatrick v. Sterling Housing Association [1997] 4 All E.R. 991; [1998] 1 F.L.R. 6 (C.A.); [1999] 4 All E.R. 705 (H.L.)

This note analyses the decision of the House of Lords in Fitzpatrick, which held that gay partners could fall within the legal definition of ‘family’ for some purposes. The note argues that despite the real (if overstated) benefits that this case bestows on gay partners in the form of legal rights, under analysis, the decision self-deconstructs to reveal that it is grounded on the principle of discrimination on the basis of sexuality. However, it is also suggested that the encounter between discursive legal reasoning (underpinned by normative heterosexuality), and aversion of the family which is ‘other’ to this discourse, is one which leaves its mark on law, as the potential undermining or deconstruction of law’s normative assumptions. The note further argues that although this decision is properly seen as a moment in the struggle for gay rights, it also serves as a reminder that the fortunes of critical theories and political movements that seek to challenge the legal paradigm of the white, heterosexual male are inextricably linked. Fitzpatrick, whatever else it is, is also an object lesson in the debt that current campaigns for gay legal rights owe to feminist critiques of, and campaigns that have successfully challenged, the role of this norm in legal discourse. This revised version was published online in July 2006 with corrections to the Cover Date.     

Not Worth the Fuss After All? Cross-sectional and Prospective Data on Violent Video Game Influences on Aggression, Visuospatial Cognition and Mathematics Ability in a Sample of Youth

The United States Supreme Court’s recent decision relating to violent video games revealed divisions within the scientific community about the potential for negative effects of such games as well as the need for more, higher quality research. Scholars also have debated the potential for violent games to have positive effects such as on visuospatial cognition or math ability. The current study sought to extend previous literature by using well-validated clinical outcome measures for relevant constructs, which have generally been lacking in past research. Cross-section data on aggression, visuospatial cognition, and math achievement were available for a sample of 333 (51.7 % female) mostly Hispanic youth (mean age = 12.76). Prospective 1-year data on aggression and school GPA were available for 143 (46.2 % female) of those youth. Results from both sets of analysis revealed that exposure to violent game had neither short-term nor long-term predictive influences on either positive or negative outcomes. A developmental analysis of the cross-sectional data revealed that results did not differ across age categories of older children, preadolescents or adolescents. Analysis of effect sizes largely ruled out Type II error as a possible explanation for null results. Suggestions for new directions in the field of video game research are proffered.     

The `Ideal' Victim v Successful Rape Complainants: Not What You Might Expect

This article proposes that feminist legal critics need to be able to explain how some rape cases succeed in securing convictions. The means by which rape cases are routinely disqualified in the criminal justice system have received widespread attention. It is well established in feminist legal critique that female complainants are discredited if they fail to conform to an archaic stereotype of the genuine or ‘real’ rape victim. This victim is not only morally and sexually virtuous she is also cautious, unprovocative, and consistent. Defence tactics for discrediting rape testimony involve exposing the complainant's alleged failure to comply with the sexual and behavioural standards of the normative victim. This understanding of how rape complain(an)ts are disqualified is not predictive, however, of the complainants whose cases succeed in securing convictions. This article reviews some successful Australian rape cases and considers the ways in which they disturb feminist understandings of how rape complaints are discredited in the criminal justice system. It proposes that recent research analysing the discourse of rape trials provides a way of explaining the apparent discrepancies between the ‘ideal’ rape victim and successful complainants. This revised version was published online in July 2006 with corrections to the Cover Date.     

More than a Woman? Embodiment and Sexual Difference in Medical Law

This article examines law’s representation of embodied female identity in the context of two medical law cases, R. v. Human Fertilisation and Embryology Authority, ex parte Blood andB v. Croydon Health Authority. Through an examination of contemporary critiques of female embodiment, in particular the work of Judith Butler, two discursive strategies are suggested for their potential to reconfigure the sexed subject within legal discourse. Firstly, the act of transgression – the flight from purportedly fixed subject positions – can be read in the case of Bloodand calls into question law’s ability to contain and sustain sexed identity as prediscursive and immutable. Secondly, the exposure of the historical formation of the female subjects of legal discourse, demonstrated through a genealogical reading of B v. Croydon Health Authority, contributes to the feminist theoretical project to destabilise traditional gender categories and enables us to think beyond the category of ‘Woman’. This revised version was published online in July 2006 with corrections to the Cover Date.     

Social Connections,Trajectories of Hopelessness,and Serious Violence in Impoverished Urban Youth

Youth living in impoverished urban neighborhoods are at risk for becoming hopeless about their future and engaging in violent behaviors. The current study seeks to examine the longitudinal relationship between social connections, hopelessness trajectories, and subsequent violent behavior across adolescence. Our sample included 723 (49% female) African American youth living in impoverished urban neighborhoods who participated in the Mobile Youth Survey from 1998 through 2006. Using general growth mixture modeling, we found two hopelessness trajectory classes for both boys and girls during middle adolescence: a consistently low hopelessness class and an increasingly hopeless class with quadratic change. In all classes, youth who reported stronger early adolescent connections to their mothers were less hopeless at age 13. The probability of later adolescent violence with a weapon was higher for boys and was associated with the increasingly hopeless class for both boys and girls. Implications for new avenues of research and design of hope-based prevention interventions will be discussed.     

Pathways from Childhood Adversity to Problem Behaviors in Young Adulthood: The Mediating Role of Adolescents’ Future Expectations

Adverse childhood experiences and pessimistic future expectations about college attendance or mortality are established risk factors for problem behaviors among youth. Data were from the National Longitudinal Study of Adolescent to Adult Health (N?=?14,800; 49?% female). Participants were 11–17-years-old at baseline and 24–32-years-old at outcome. Adolescents’ college expectations and fatalistic expectations mediated the effect of childhood adversity on violent behavior in young adulthood. Neither college nor fatalistic expectations were significant mediators in models predicting substance use and nonviolent antisocial behaviors. Although observed mediational effect sizes were small, they survived models that included multiple controls designed to rule-out alternative explanations. Intervening on adversity-exposed adolescents’ college and fatalistic expectations may reduce risk for violent behaviors.     

Capitalism obscured: the limits of law and rights-based approaches to poverty reduction and development

The Commission on the Legal Empowerment of the Poor (CLEP) was established by the United Nations in 2005 and concluded in 2008. Although inspired by Hernando de Soto's analysis of the role of property rights in economic development, the scope of the Commission was defined as ‘legal empowerment’ in general. This commentary offers a critique of the CLEP report, and argues that its underlying assumptions rest on an idealised version of liberal democratic capitalism in which a dynamic market economy assures ‘win-win’ solutions for all. This implies that there are no tensions between the four ‘pillars’ of legal empowerment identified by CLEP (the rule of law, property rights, labour rights, and business rights). However, in the real world of capitalism, in both democratic and authoritarian versions, there are structural tensions between classes of capital and classes of labour, which result in the economy and its underlying institutional order becoming a key site of contestation. The case of farm labour in rural South Africa is used to illustrate this argument. A focus on legal rights can, however, be ‘empowering’ to a degree, when it helps defend poor people from exploitation and abuse, or is located within broader strategies to eradicate systemic poverty.     

Associations Between Violent Video Gaming,Empathic Concern,and Prosocial Behavior Toward Strangers,Friends, and Family Members

Exposure to media violence, including violent video gaming, can have a cognitive desensitization effect, lowering empathic concern for others in need. Since emerging adulthood offers increased opportunities to volunteer, strengthen relationships, and initiate new relationships, decreases in empathic concern and prosocial behavior may prove inhibitive to optimal development during this time. For these reasons, the current study investigated associations between violent video gaming, empathic responding, and prosocial behavior enacted toward strangers, friends, and family members. Participants consisted of 780 emerging adults (M age = 19.60, SD = 1.86, range = 18–29, 69% female, 69% Caucasian) from four universities in the United States. Results showed small to moderate effects between playing violent video gaming and lowered empathic concern for both males and females. In addition, lowered empathic concern partially mediated the pathways between violent video gaming and prosocial behavior toward all three targets (at the level of a trend for females), but was most strongly associated with lower prosocial behavior toward strangers. Discussion highlights how violent video gaming is associated with lower levels of prosocial behavior through the mechanism of decreased empathic concern, how this association can affect prosocial behavior differently across target, and finally what implications this might have for development during emerging adulthood.     

The Ethic of Care, Female Subjectivity and Feminist Legal Scholarship

The object of this essay is to explore the central role played by the ‘ethic of care’ in debates within and beyond feminist legal theory. The author claims that the ethic of care has attracted feminist legal scholars in particular, as a means of resolving the theoretical, political and strategic difficulties to which the perceived ‘crisis of subjectivity’ in feminist theory has given rise. She argues that feminist legal scholars are peculiarly placed in relation to this crisis because of their reliance on the social ‘woman’ whose interests are the predominant concern of feminist legal engagement. With the problematisation of subjectivity, the object of feminist legal attention disappears and it is in attempts to deflect the negative political consequences of this that the ethic of care has been invoked, the author argues, unsuccessfully. The essay concludes with suggestions as to how the feminist project in law might proceed in the wake of the crisis of subjectivity and the failure of the ethic of care to resolve it. This revised version was published online in July 2006 with corrections to the Cover Date.