Morality and pretextuality, psychiatry and law: of "ordinary common sense," heuristic reasoning, and cognitive dissonance

The thesis of this paper is that we will not make significant progress in understanding the tensions between the legal and mental health systems until we look carefully at a series of dissonances that affect both systems. We must consider the way that the law frequently condones pretextuality as a way of dealing with troubling or cognitively dissonant information, and the way that mental health professionals encourage a self-referential concept of morality as a way of subverting legal doctrines with which they disagree. These dissonances must be considered contextually in connection with the ways that courts generally read social science data and the ways that jurors and legislators employ such cognitive devices as "ordinary common sense" and heuristic reasoning in their judgments of cases involving mental disability questions. To ameliorate the current dilemma, we must redefine institutional and professional roles, reconsider the way we privilege expertise, recalibrate our allocation of "moral jurisdiction" over these matters, and consciously confront the way our simplifying thinking mechanisms distort the underlying social and political issues.     

The liberty of free riders: the minimum coverage provision, Mill's "harm principle," and American social morality

A direct requirement for most Americans to purchase any product or service .... certainly is an encroachment on individual liberty, but it is no more so than a command that restaurants or hotels are obliged to serve all customers regardless of race, that gravely ill individuals cannot use a substance their doctors described as the only effective palliative for excruciating pain, or that a farmer cannot grow enough wheat to support his own family. The right to be free from federal regulation is not absolute, and yields to the imperative that Congress be free to forge national solutions to national problems, no matter how local--or seemingly passive--their individual origins.     

The prison control structure and its effects on work attitudes: The perceptions and attitudes of prison guards

Recent observers have noted the frequently voiced complaint of prison guards that they have too little influence on decisions about the operations and goals of prisons. This lack of influence, moreover, is thought to be associated with such work-related attitudes as job satisfaction, role strain, and alienation. Yet, it is unclear from previous analyses whether this complaint (1) is based solely on the actual amount of control guards believe they have, (2) arises from a perceived disparity between their amount of control and that held by prisoners and administrators, or (3) reflects a felt discrepancy between the guards' actual and ideal amounts of control in the prison. The present study examined survey data from four prisons to quantify the guards' perceptions of the prison control structure and to assess the relative contributions of the perceived amount, distribution, and discrepancy between actual and ideal control for guards to the work-related attitudes of job satisfaction, role strain, and alienation. The results indicated that guards perceive the total amount of control in the prison as finite, that they desire an increase in their own level of control commensurate with the decrease they desire in the prisoners' amount of control, and that the perceived amount, distribution, and discrepancy between guards' actual and ideal control have a significant effect on guards' work-related attitudes.     

The nonlinear effects of parental and teacher attachment on delinquency: Disentangling strain from social control explanations

Social control and general strain theory (GST) both predict that parental and teacher attachment will affect delinquency, but differ in their predictions about the form of this effect. Social control theory predicts that positively attached individuals will be much less deliquent than neutral and negatively attached individuals, with there being little difference in delinquency between the neutral and negatively attached individuals. GST predicts that negatively attached individuals will be much more delinquent than neutral and positively attached individuals, with there being little difference in delinquency between the neutral and positively attached individuals. These competing predictions are tested with data from a national sample of adolescent males. Results support the GST prediction, and thereby shed important light on the relationship between two of the central variables in the field and delinquency. This study also questions the tendency for criminologists to assume that effects are linear, and provides some guidance for investigating nonlinear effects.