论1990年代以来乡土小说的新趋向

1990年代以来,中国乡村发生了巨大的改变,以之为题材的乡土小说创作也出现了许多新的趋向.在创作姿态上,作家们更热衷于对乡村文化的感伤式怀恋,或站在乡村立场上为乡村代言;在创作观念上呈现出更复杂和多元的面貌;题材范围从传统的乡村领域拓展到在城市边缘谋生的"打工族",艺术表现也有许多新的变化.它的主要缺陷,一是对乡村苦难的淡漠,二是缺乏深刻的哲学意蕴.     

Getting the story from child witnesses: exploring the application of a story grammar framework

Abstract

Investigative interviews with children about alleged abuse were analysed to determine the degree to which the child's responses adhered to a story grammar framework, and whether the presence of story grammar elements was associated with interviewers’ adherence to best-practice (i.e. open-ended) questioning. The sample included 51 interviews with child witnesses from across Australia. The interviews were administered by a police officer with children (37 girls and 14 boys) aged 3–16 years (M age = 103.82 months, SD = 34.21 months). The interviewers’ questions were categorised as open-ended or specific and the children's responses were classified as a story grammar element, context/background information, or ‘don't know’ responses. The majority of interviewer questions were specific in nature and the majority of children's responses were context/background details. Open-ended questions were more successful in eliciting story grammar from children. Of the story grammar elements, the interviewers’ specific questions usually targeted setting and attempt details. These findings suggest that improvement in the narrative coherence of children's reports of abusive events can potentially be achieved by increasing interviewers’ use of open-ended questions.     

A love of justice: the legal and political thought of William Godwin

William Godwin was one of the most highly regarded of late English Enlightenment radicals. Yet today, he remains one of the least appreciated, and least understood. The purpose of this article is to present a broad introduction to Godwin's legal and political thought, focusing both on his various political essays and novels, as well as his more renowned Enquiry Concerning Political Justice. It will be suggested, in conclusion, that the ‘species of anarchly’ which Godwin espoused resonates very particularly with contemporary debates surrounding the shape of a distinctive postmodern legal humanism.     

Associations between Parent and Child Reports Of Interparental Conflict/Violence And Child Difficulties in A Family Mediation Setting*

We examined the association between parents’ (N = 52 mothers and 52 fathers) and children's (N = 27) reports of interparental conflict and child difficulties in a family mediation setting. Parents’ reports of conflict were moderately associated with children's reports of exposure to parental conflict, but only fathers’ reports of conflict were associated with children's reports of negative responses to parent conflict. While mothers and fathers agreed on their child's difficulties, only mothers’, not fathers’, report of child difficulties were moderately related to child reports of child difficulties. Mothers’ and fathers’ reports of conflict generally were not strongly associated with reports of child difficulties. In contrast to parent reports, children's reports of exposure to parents’ conflict were moderately and significantly related to self‐reported child difficulties and moderately related to parents’ reports of child academic difficulties. The magnitude of the association between the child's report of interparental conflict and self‐report of difficulties was stronger than the association between parent report of conflict and parent report of child difficulties, suggesting that parents may not fully understand their child's exposure to parent conflict/violence or the problems their child is experiencing.

Key Points for the Family Court Community:
• Family law stakeholders prioritize the creation of parenting arrangements that are in the best interest of the child; however, it is unclear how to gather information about the child and the child's perspective in order to inform such arrangements.
• The study results suggest that parents may not agree with each other or with the child about important family issues, such as parent conflict and child difficulties. For example, parents may not fully understand their child's exposure to parental conflict/violence when in the midst of custody negotiations.
• More research is needed to determine the best method for gathering information about the child during custody proceedings. In the meantime, it is important to gather information from multiple sources and to consider the agreement and differences across such sources of information.

     

When More than Property Is Lost: The Dignity Losses and Restoration of the Tulsa Riot of 1921

Bernadette Atuahene's We Want What's Ours focuses on deprivations that go beyond property losses. Her focus is on the dignity harms to South Africans over centuries, such as denial of citizenship, that accompanied the theft of their land. I focus here on one grotesque episode of violence, the Tulsa race riot of 1921, to gauge dignity takings in a US context. Thousands were, in the parlance of the times, run out of town in a “negro drive.” They lost property, but also their community, and they could not assert their rights after the riot. This article turns to the ways in which African Americans in Oklahoma obtained rights through the courts that should have been protected around the time of the riot. This expands our sense of the range of responses, from apologies and compensation, to additional judicial process and substantive rights, that are needed for past racial crimes.     

Beyond Endogeneity: How Firms and Regulators Co‐Construct the Meaning of Regulation

What role do regulators and firms play in the construction of open‐ended regulatory terms? The new institutional legal endogeneity model posits that organizations respond to legal uncertainty by adopting formal structures to symbolically signal their compliance. These structures, however, tend to embody businesses' managerial and commercial values, as opposed to regulatory goals. Law becomes endogenous insofar as legal actors then defer to businesses' institutionalized ideas about regulation and compliance. Professionals, such as lawyers and human‐resource managers, and their strategic deployment of framing, are portrayed as the engines of the above process of legal endogeneity. By comparison, administrative agencies' strategies in shaping the meaning that corporations attach to the law are practically ignored. Building on a detailed case study of British financial firms' responses to the Financial Services Authority's Treating Customers Fairly initiative, this article problematizes the supposition of regulatory deference to business constructions of law. Instead, it develops a more balanced model that recognizes business professionals' and regulators' co‐construction of regulation and compliance. The process of regulatory meaning co‐construction, as depicted by this model, involves alignment and disputes between regulators' and professionals' strategic framing of regulatory concerns with tangible consequences for the enactment of regulation.     

俄国现代主义小说的流变

俄国现代主义小说随着俄国现代主义文学思潮兴起于白银时代,成果显著,甚至像高尔基这样的现实主义作家的某些作品也具有现代主义因素.20世纪30至50年代初,现代主义小说的发展受到阻遏,但仍有一些作家写出了现代主义杰作.从60年代末期起,现代主义小说再度出现,同时后现代主义小说也接踵而来,成为现代主义小说在上世纪晚期俄罗斯文学中的变体.     

Impact of deception detection errors on public's trust in the police

Purpose. The present study explored the public's attitude towards errors in police officers’ detection of deception. Based on findings on trust in the police after responses to terrorist threats, we predicted a positive influence of a correct credibility assessment and of a risk‐averse response bias of police officers on public's trust. Methods. A general population sample (N= 151) read a hypothetical scenario concerning a credibility judgment and indicated their trust in the officers making the judgment. Decision outcome was manipulated by varying the four outcomes of a signal‐detection task, namely, Hit, Miss, False Alarm, and Correct Rejection. Results. In line with findings on trust in the police following responses to terrorist threats, people trusted police officers more if they judged the credibility of a suspect correctly. Moreover, officers who disbelieved the suspect's statement were trusted more than officers who believed, independently of outcome correctness. Furthermore, this effect was moderated by individual differences in error weighting. Conclusions. In sum, these findings indicate that lie‐biased credibility judgments made by police officers are supported by the public and increase their trust in the police. In addition, the present findings suggest that an asymmetrical weighting of judgment errors is a relevant factor in explaining the development of and attitude towards lie bias.     

The alibi‐generation effect: Alibi‐generation experience influences alibi evaluation

Purpose. Post‐conviction DNA exonerations demonstrate a failure of alibis to protect innocent suspects. We contend one reason alibis are not believed is because evaluators underestimate how difficult it is for an innocent person to generate a convincing alibi. We hypothesized that asking evaluators to first generate an alibi of their own would lead evaluators to consider a suspect's alibi as more believable. Methods. Participants (N= 147) were randomly assigned to either evaluate a suspect's alibi before generating their own alibi (evaluate‐first) or generate their own alibi before evaluating the suspect's alibi (generate‐first). Participants provided alibis from either 3 days previous or 30 days previous. In Experiment 2, participants (N= 255) were randomly assigned to either generate‐first, evaluate‐first, or read‐experience (in which they read about alibi‐generation difficulty) conditions. Half the participants were primed to think empathetically with Interpersonal Reactivity Index (IRI) subscales, and half were not. All participants evaluated the believability of the suspect's alibi as well as their own alibis. Results. Across both experiments, participants who generated their own alibi first rated the suspect's alibi as more believable. This alibi‐generation effect overshadowed alibi latency in Experiment 1 and the empathy manipulation in Experiment 2. Conclusions. Alibi‐generation experience seems to change the expectations evaluators have of alibis from criminal suspects. This effect likely emanates from increased awareness that alibis are difficult for innocent people to generate and from the emotional experience of having difficulty generating alibis.     

Women's Rights Issues Among Bombay Parsis: A Legal Anthropologist's Thoughts on Mitra Sharafi's Law and Identity in Colonial South Asia

I focus in this essay on legal issues related to women's rights in the British colonial period that are discussed in Mitra Sharafi's 2014 book, Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772–1947. Beginning in the early nineteenth century, the Parsi leadership actively lobbied for laws related to intestate inheritance, women's property rights, divorce, and child marriage that were consistent with their community's customary values and practices. During the same period, legal reform movements were also underway on behalf of Hindu and Muslim women and, to a lesser extent, Christian women. This essay highlights some of the common themes in those movements and discusses, in particular, the similarities and differences in what was achieved for Parsi women and their Hindu sisters, as they and their respective male leaders traversed the road toward greater gender equality under the law.     

Citizen's psychological knowledge,legal knowledge,and attitudes toward participation in the new Japanese legal system,saiban-in seido

A new procedure, saiban-in seido, was introduced in the Japanese criminal court in 2009.1 1. This article was written before the Saiban-in seido started. A mixed tribunal of three professional judges and six lay people selected from a list of voters deliberate the verdict in serious criminal cases such as murder, rape, and arson. This study researched lay people's attitudes toward the new system, their psychological knowledge (e.g. the reliability of eyewitness testimony) and legal knowledge (e.g. ‘presumed innocent’), and the relationship between attitude and knowledge. Study 1 examined the responses of 294 citizens to a questionnaire; 90 responses were examined in Study 2 (both samples consisted of two age groups, i.e. (1) 20s and (2) 40s and 50s, and two education levels, i.e. (1) college or below and (2) university or more. In both studies, respondents showed concerns about their lack of ability and knowledge to become a lay judge. Although legal knowledge was related to attitude – i.e. the more legal knowledge, the less negativity – no relationship was found between psychological knowledge and attitude. Relevant support for citizens to become lay judges was discussed.     

中国现代知识分子的边缘心态与感伤体验

现代作家的感伤倾向,很大程度上来自于他们创伤性的体验,尤其是童年时期的缺失性体验,形成了一种潜在而固定的心理结构.如果说感伤记忆主要带有个人色彩,那么边缘体验则更多地烙上了时代的印记.伴随着国家危机和社会的急剧转型,现代知识分子的政治地位、社会地位被快速边缘化,这是现代感伤生成的一个深层因素.中国现代知识分子的感伤还与中国的现代性追求紧密关联.现代性的建立过程,也是传统价值和美感不断受到冲击的过程,当传统的美感正无可挽回地远去时,挽歌般的感伤情调也就不可避免地产生了.     

Mock jurors’ perceptions of a child witness: the impact of the presence and/or intervention of a registered intermediary during cross-examination

ABSTRACT

In recent years Registered Intermediaries (RIs) have been involved in facilitating communication in children's investigative interviews and trial proceedings. Their presence and interventions are generally deemed to have a positive impact on child engagement, but their impact on jury appraisal of evidence, during cross-examination is unclear. This study addressed this issue in a more ecologically valid context than that previously used. Adult mock juror participants (N?=?217) watched a video-recording of a mock cross-examination of a child witness in which a RI was present or absent, and in which RI type interventions were either included or omitted. The participants rated the quality of the cross-examination and the child's responses in relation to child credibility, child understanding, legal professional's behaviour, and trial progression. Findings indicated that RI presence or absence, and inclusion or omission of interventions had no effect on mock juror ratings. However, an interaction between these variables demonstrated that mock jurors rated trial progression towards a guilty verdict according to which court professional did, or did, not intervene. The findings also demonstrated that mock jurors based their assessment of trial progression towards a guilty verdict on the evidence presented, and that child understanding per se was irrelevant.     

Qualification and Disqualification in Rape Cases

Between 1946 and 1950, the police in Stockholm interrogated almost 150 men about their involvement in alleged rapes and attempted rapes. The results of these investigations eventually led to seventeen prosecutions and eleven convictions. It was not easy to convict someone of rape. However, a consequence of the way the court operated was also that only certain men could be convicted, only certain women regarded as reliable witness, and only certain kinds of attack regarded as plausible. The question of whether the alleged crime was considered possible to prove was dependent upon who reported whom for what. For the complainants it was a matter of qualifying for inclusion within the protection of the law. But what appeared as a rejection of someone's credibility, was in actual fact a result of a prior rejection of the individual's person and character. From the point of view of the legal system, some individuals were more fitted than others for the role of credible victim or likely offender. The sexually immoral woman and the man at the mercy of his sexuality were both in danger of having their credibility questioned: the former a poor victim and the latter all too suitable an offender.     

Ethics of Emotions as Ethics of Human Rights: A Jurisprudence of Sympathy in Adorno, Horkheimer and Rorty

This article considers in a different light the relationship between legal theory and ethics by means of an interpretation of the thought of Adorno and Horkheimer, and of the writings of Richard Rorty, as two moments of a marginal stream of ethics of passions that runs beneath the history of rationalist Western philosophy. It departs from the critique of Modernity as a dialectic of barbarism and civilisation, and from a genealogy of Auschwitz that finds its antecedents in Kantian morality. It also characterises modern culture as one of apathy and bourgeois stoicism, and establishes a link between the cold modern ethos and the dynamics of Nazi hardness. The article turns then to a consideration of some of the responses to the comprehensive crisis of Modernity: the imperative ‘Auschwitz never again’, Adorno’s ‘general enlightenment’ and Horkheimer’s ethics of sympathy. Finally it reflects upon Rorty’s proposal of sentimental education as an effective strategy to foster a human rights culture in Postmodernity, with the aim of bridging the tradition of moral sentiments and contemporary struggles for human rights. I am very grateful to Costas Douzinas, Sonia Romero, Shaun Haselhurst, David-Alexander Smith, José Bellido and the two anonymous referees for their comments, and to Alexander García-Düttman for his suggestions. This text is dedicated to Paul Gready.     

Initial emotional response to childhood sexual abuse: Emotion profiles of victims and relationship to later adjustment

A sample of 137 college women's retrospective reports of childhood sexual abuse were examined in order to identify the emotional responses these victims experienced at the time of abuse and to investigate the relationship between these responses and the long-term effects of abuse. Results identified three important dimensions of responding including guilt/fear, anger/disgust, and positive emotions. Further, five groups of victims displaying unique emotion profiles were identified. These include: (a) guilty/fearful individuals, (b) low responders, (c) angry/disgusted individuals, (d) ambivalent individuals, and (e) positive individuals. It was determined that victims' responses to abuse were associated with abuse severity. Finally, victim's affective responses to abuse were related to subsequent adjustment. Individuals experiencing high levels of guilt/fear were identified as exhibiting poorer social adjustment than either individuals reporting primarily anger or disgust or individuals reporting low levels of all emotions. Possible mechanisms through which these experiences have their effects are discussed.     

Anatomy of Judicial Backlash: Southern Leaders,Massive Resistance,and the Supreme Court, 1954–1958

Exploiting a range of archival materials, we argue that state‐level variation in judicial backlash to Brown was as much the result of strategic choices by southern political elites as it was the ingrained prejudices of the region's white voters. Presenting case studies of massive resistance in Mississippi, Louisiana, Virginia, and Arkansas, we show that elite agency profoundly shaped the patchwork development of grassroots resistance to integration across the South. These findings challenge the prevailing view that backlash to Brown signaled the unequivocal triumph of racial conservatives. Rather, we argue that the region's response offered individual members of the southern elite significant autonomy to direct massive resistance in their home states. We also argue that southern lawmakers were responsible for the South's embrace of popular constitutionalism post‐Brown, and thus that it may not have been “popular” at all. We conclude that studies of judicial backlash would do well to reevaluate the assumption that backlash is necessarily a grassroots phenomenon.     

Coping with Conway v. Rimmer [1968] AC 910: How Civil Servants Control Access to Justice

The article, based on a review of files in the National Archives, examines the role of civil servants in claims for the suppression of state documents at trial on grounds of public interest immunity (PII). Government lawyers solicited responses from other ministries to the landmark Lords decision in Conway v. Rimmer and coordinated the civil service campaign against this unwelcome judicial intrusion into their professional domain. The decision was seen as a threat to confidentiality and the secret cultivation of administrative expertise. Academic debate on the evolution of the PII doctrine has centred on the allocation of responsibility between an overly deferential judiciary and ministerial concern to avoid political embarrassment. The role of civil servants may have been more coherent and ideologically motivated than previously appreciated. As the courts increasingly challenge government claims for suppression of material at trial, the article highlights the historical factors determining the executive's innate instinct for secrecy.