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An ongoing discussion in the partner violence (PV) literature exists concerning the respective roles of perpetrator and victim. Most of it is gender based. The classical feminist argument is that women are victims of the violence and this is sustained by the social perception of them as victims. More recently increased recognition of mutual violence has taken place, calling into question the gender-based victim/perpetrator model. Recent research further calls into question this role differentiation through findings indicating that a majority of the protagonists in the PV drama view themselves as victims. A corollary to this controversy is that whether a man or a woman is the victim, the principal client in conventional intervention with PV is the woman. This paper will argue that the relevancy of gender-based role differentiation for most PV cases is not supported by recent data, and that incorporating an interactive perspective enables a more complex view than the classical victim/perpetrator one, and may improve our practice with PV populations.  相似文献   

3.
This paper discusses what kinds of conflicts arise when a crime has been committed, and with whom—and in which of their possible roles—the offender should be seen as having such conflicts. The possible roles of the victim are in focus, as is the constitutive role of the act of criminalizing a certain kind of behavior. It is argued that while in the tort conflict the victim should be seen as a party qua him- or herself in a ‘fuller’ sense (and with full freedom on how to handle the conflict, including dropping it), in the criminal law conflict it is community, the ‘we’, that should be looked upon as the party to the conflict with the offender. The victim should not be seen as excluded from the criminal law conflict, though: to the contrary, he or she is a member of community and has an important role to play. This role, however, needs to be strictly defined in a way that gives the victim the function of a certain kind of representative for ‘us’, the community. This role should not allow the victim much room to influence how the criminal law conflict is handled. The model I am suggesting presupposes—I think, at least—that criminal law conflict and tort conflict should be handled together at the same trial.  相似文献   

4.
Peacemaking is particularly challenging in family conflicts. Deeply held feelings about identity, fair treatment, moral issues, and protecting social capital often cause people in conflict to make self‐defeating decisions. There are, however, techniques that enable mediators, Collaborative Practice professionals, and other peacemakers to overcome the settlement barriers created by these strongly held views. These techniques include those pioneered by psychotherapists using the Internal Family Systems model, which enables parties to see that their strongly held views comprise only part of the constellation of feelings that they have about the conflict.
    Key Points for the Family Court Community:
  • Parents who feel that their role as father or mother is in danger often find it difficult to focus on the children's best interests.
  • The “rule of reciprocity” causes people who feel wronged to exact even harsher punishment on those who harmed them.
  • The concept of “social capital” explains why people care so passionately about whether they are treated fairly and about their reputation for fairness.
  • The Internal Family Systems model helps peacemakers to understand how to work with the parties’ ambivalence about settlement versus courtroom vindication.
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5.

Child welfare may be regarded either as a tool used by the authorities to exercise social control over family life, or as a weapon supporting the cause of children, striving to emancipate them from both parental and societal neglect or oppression. Research into Norwegian child welfare in the period since the Second World War reveals an ambiguous picture: the intervention of the state into family life signals both tightening social control of all family members and emancipation of the less powerful from patriarchal rule. As the rights and needs of children are considered more important, the control of parents, especially the mother, is increased. The central position of children and their interests have been strengthened in child welfare legislation. However, it is not the child, but the child welfare officials who define what is 'in the best interest of the child'. Post-war development has not granted children autonomy. Child welfare legislation is still mainly paternalistic. In child welfare casework, there is a danger that the lived experience of the child never emerges from the shadows cast by the interaction between adults. In relation to older children who came in contact with child welfare primarily because of their own problem behaviour, the ambiguity of emancipation and control has taken a somewhat different shape. The authorities wanted to keep these children out of prison. Humanitarian considerations, however, have been coupled with hopes of more effective crime prevention. In the postwar years, misbehaving children were also embraced by the increasing importance of 'the best interest of the child' as the main objective in child welfare decisions. In order to secure both emancipation and control, 'the best interest of the child' and the state's interest in preventing crime had to be understood as one and the same.  相似文献   

6.
This work evaluates policy recommendations on medical error reporting systems presented in, To err is human, a report published by the Institute of Medicine. Here mandatory reporting should be applied for adverse events, while voluntary reporting is recommended for near misses. This analysis shows that an error reporting scheme of this type is not an optimal one since both near misses and adverse events may remain unreported. This work makes evident that penalising health care providers for not reporting errors, independent of error category, is crucial for reaching the first-best solution.JEL D82, I18, K42  相似文献   

7.
In recent years many academics, social activists and NGOs have turned to international bodies in an attempt to hold corporations accountable for their harmful and illegal acts. Significant amongst these is the UN Special Representative of the Secretary-General on issues of human rights and transnational corporations. In 2008, following extensive research and consultation with states, corporations and civil society groups, the Special Representative released a series of guidelines outlining the responsibilities of states and corporations to respect human rights, and of both to ensure access to effective judicial and non-judicial remedies for victims. This paper argues that the UN guidelines fail to recognize or incorporate the empirically and historically demonstrated imperatives that guide transnational global capitalism. While global capitalism is complex and rife with contradictions, its raison d’etre is rooted in profit maximization. The paper sets out alternative provisions with, we argue, greater potential to subject global capital to the rule of law.  相似文献   

8.
After the earthquake, tsunami, and nuclear disaster that struck Japan in March 2011, overall rates of reported crime, already low in international comparative terms, went further down. A relative absence of crime was accompanied, however, by a great awareness of the possibility of crime—as illustrated by emergency policies and numerous crime prevention initiatives and activities by both the police and groups of (local) volunteers. This article will show that the large scale and persistence of crime prevention campaigns and activities can be understood against the background of more general, persistent preoccupations with, and concerns about crime. Based on statistics, media reports, and interviews with (former) inhabitants of the struck Tōhoku area as well as members of NGO’s, it will furthermore show that crime prevention activities, that up until now have received hardly any scholarly attention, were purposely employed to strengthen community ties, as well as to bring about ties between members of communities torn apart by the disasters. Focusing on crime and crime prevention activities after March 11, 2011 in Miyagi prefecture and specifically the town of Ishinomaki, this article will show that amidst overwhelming loss and uncertainty crime constituted and constitutes an opportunity for the (re-)building of social capital.  相似文献   

9.
Conclusion In this paper we have undertaken what we regard as a preliminary critique of the concept of social control and its utility for a critical criminology in Canada. In tracing its emergence and historical development as a key concept in American sociology, we have illustrated that its ascendancy represented a victory for liberal sociology. The recent attempts by critical criminologists and sociologists to rehabilitate the concept of social control by insisting upon the essentially coercive nature of control have not resulted in an advance over traditional theorizing.By examining the women, law and social control literature, in particular the use of the formal/informal dichotomy, we have attempted to illustrate the limited utility of the concept for developing an historically and theoretically informed understanding of the complex and contradictory relationship of women to the state and law. The concept of social control is ahistorical: when coupled with law, moreover, it lends itself to instrumentalism. It is our view that the concept of social control ought to be abandoned by critical scholars in favour of one attentive to the dynamic complexity of history, struggle and change.Paper presented at the Annual Meeting of the Canadian Association of Sociology and Anthropology, 4–7 June 1986, Winnipeg, Manitoba. Equal authorship.  相似文献   

10.

Objectives

Social disorganization states that neighborhood social ties and shared expectations for informal social control are necessary for the exercise of informal social control actions. Yet this association is largely assumed rather than empirically examined in the literature. This paper examines the relationship between neighborhood social ties, shared expectations for informal social control and actual parochial and public informal social control actions taken by residents in response to big neighborhood problems.

Methods

Using multi-level logistic regression models, we integrate Australian Bureau of Statistics census data with the Australian Community Capacity Study survey data of 1310 residents reporting 2614 significant neighborhood problems across 148 neighborhoods to examine specific informal social control actions taken by residents when faced with neighborhood problems.

Results

We do not find a relationship between shared expectations for informal social control and residents’ informal social control actions. Individual social ties, however, do lead to an increase in informal social control actions in response to ‘big’ neighborhood problems. Residents with strong ties are more likely to engage in public and parochial informal social control actions than those individuals who lack social ties. Yet individuals living in neighborhoods with high levels of social ties are only moderately more likely to engage in parochial informal social control action than those living in areas where these ties are not present. Shared expectations for informal social control are not associated with the likelihood that residents engage in informal social control actions when faced with a significant neighborhood problem.

Conclusion

Neighborhood social ties and shared expectations for informal social control are not unilaterally necessary for the exercise of informal social control actions. Our results challenge contemporary articulations of social disorganization theory that assume that the availability of neighborhood social ties or expectations for action are associated with residents actually doing something to exercise of informal social control.
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11.
Victims of intimate partner violence (IPV) often encounter negative societal reactions to their abuse. A quantitative self-report study examined the existence of these potential identity-threats to former IPV victims (N?=?345, n?=?106 males, n?=?239 females). Biological sex, abuse type (i.e., psychological, physical) and severity, and IPV relationship type (i.e., situational couple violence, intimate terrorism) were each modeled as predictors of IPV stigma and its social management strategies. Results indicated differences in how IPV stigma was experienced and communicatively managed by diverse victims. Findings, interpreted through an applied lens for IPV practitioners and victims, also add nuance to existing theories of IPV, interpersonal communication, and social stigma.  相似文献   

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Although recent U.S. Supreme Court decisions regarding the death penalty (e.g., Atkins v. Virginia, 2002) have renewed interest in mental health issues, one topic that has not received much attention recently is the ongoing use of expert testimony to support claims that defendants represent a continuing threat to society. In this article, we (a) review prior research relevant to determining the accuracy of clinical predictions that capital defendants will commit future acts of criminal violence; (b) summarize new data from current and former death row inmates in Texas that bolster the claim that such predictions are gross overestimates of risk; and (c) review extant research addressing the potential utility of various risk assessment instruments that increasingly are being used to reinforce clinical predictions in capital trials. Despite significant recent advances in the field of risk assessment, clinical assertions that a defendant is likely to commit future violent acts appear to be highly inaccurate and ethically questionable at best. Moreover, available research offers little support for the claim that the accuracy of these predictions will be appreciably improved by relying on more structured risk assessment measures that have some demonstrated predictive validity in other contexts.Portions of this article were written while the first author was a member of the Department of Psychology at Sam Houston State University. The prison inmate data reported in this study also are described in a report by the Texas Defender Service, available at:  相似文献   

15.
Many Western-style democracies have witnessed a general shift in the distribution of crime prevention responsibility, away from the state and increasingly to citizens themselves. Civil society is today more and more often called upon as an additional policing resource. This article explores the phenomenon of voluntary citizen participation in policing in Sweden, based on an analysis of 9280 news-media articles. One state-sanctioned (the Volunteers of the Police) and one autonomous civic (Missing People Sweden) initiative were examined, from their respective start until 2017, to understand the role played by police–citizen partnerships in the establishment and legitimation of voluntary policing forms in Sweden. A high degree of integration between police and volunteer work was found, enabling not only effective citizen participation, but also having an influence on police operations. The more effective and publicly visible the voluntary policing bodies were, the more pressure there was on the police to defend its legitimacy, ally itself with the volunteers and regulate the latter’s activities while holding them responsible for their actions. Arguably, however, with the police–citizen relationship being one of integration and mutual dependence, the division of labour and the accountability of both parties risk becoming blurred or even confused.  相似文献   

16.
Despite wide recognition that increased social support is associated with positive parenting behaviors, there is limited understanding regarding the mechanisms through which the neighborhood context can increase or hinder social connections. In a sample of 1,050 parents in Franklin County, OH, this study examines the role of availability of social services in child maltreatment. Through negative binomial regression, the study finds that greater availability of social services is associated with lower levels of child abuse and neglect. Additionally, the availability of social services moderates the relationship between social support and child maltreatment, such that the relationship between social support and child maltreatment is weaker for parents in neighborhoods with greater availability of services. The findings suggest that increasing services and awareness of such services might be an opportunity for child maltreatment prevention.  相似文献   

17.
Despite generous public funding, arts institutions in Germany are primarily serving a small, educated section of the German population. This article presents findings from arts participation surveys, research from an empirical study on “Intercultural Audience Development” in public theaters and museums, and an analysis of cultural policy debates to reveal the role of audience development in overcoming the social imbalance of audiences in German cultural institutions. Research findings suggest that traditional concepts of audience development do not lead to sustainable changes in the social structure of the audience. More substantial institutional changes are necessary, supported by new cultural policies.  相似文献   

18.
The dynamics of mass consciousness in Russia, formed in the wake of the 2014 events in Ukraine and Crimea, testify to the consolidation and radicalization of the popular majority. The national consensus has shaped a high level of public optimism even in the face of deteriorating socioeconomic conditions. However, this process brings to the fore archetypal traits that in many ways run contrary to the modern desire for mass consumption, which in many ways is also contrary to social mobilization. This contradiction will affect the political process, if not in the short- then in the long term, and will significantly affect the sociopolitical situation, making it less stable than in the first decade of the present century.  相似文献   

19.
Reflecting on the Occupy movement, particularly Occupy Wall Street, this article begins by addressing two major questions: how are social movements understood by legal academics; and how do social movements engage with law? Our aim is to present an alternative frame to understanding law and social movements. We draw on the work of Jean-Luc Nancy to explore law as both present and constituted in the coming together of persons in common which occurs in social movements. While the Occupy movement does engage with a form of law that is legislated and enacted through the government and legal system of a nation-state, the movement also forms and enacts law as part of its own processes. In this article we shift perspectives and attempt to think law within social movements. This involves a critical reading of some dominant approaches that explore social movements and law. Rather than situate our discussion within boundaries that seek to identify what is inside or outside a law and legal system that is determined and enforced by a nation-state (government and judicial system), our discussion of law involves a re-thinking of law. This law is part of a constant negotiation and it is involved in the dynamic processes of movements. Law involves establishing a limit and tracing this limit, but this limit is un-working itself as soon as it is constituted. The Occupy movements live law by existing not outside the law, but by rethinking the role and function of law in the movement and processes of community.  相似文献   

20.
Lay sentencing attitudes are considered in the light of two theoretical perspectives. The first perspective views sentencing attitudes as parts of broader sets of social representations anchored in one’s position in the social structure. The second perspective explains sentencing attitudes by their subjective experiences of crime. This paper tests both theories by performing a series of multiple regressions on two dimensions of sentencing: punishment goals and severity of punishment. Empirical data comes from a quantitative survey conducted in Switzerland. Findings reveal that indicators of subjective proximity to crime largely account for sentencing attitudes. Nevertheless, social representations of crime measured by causes of crime also have a significant impact on sentencing attitudes. Implications of these findings for sentencing in Western democracies are discussed.  相似文献   

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