It’s a man’s world: barriers to gender transformation in the South African judiciary. Perspectives from women advocates and attorneys

The judiciary in South Africa has made great strides in creating a diverse bench. However challenges continue as regards the appointment of women, some of which are attributable to the nature of the legal profession. Currently, there are 86 women judges in the Superior Courts nationally out of a total of 243. Judges are drawn from the professions of advocates, attorneys, magistracy and academia. Women in these areas of law are confronted with issues that have a bearing on any aspirations of future accession to the judicial bench. The aim of this article is to analyse two specific challenges faced by women advocates and attorneys that were identified over the course of the last three years through legal sector meetings. These are the unequal distribution of work and discriminatory perceptions of women’s abilities. I argue that the two factors are directly related to the inadequate representation of women on the bench. My argument will be informed by, amongst others, dialogues from the legal sector meetings, observations of the judicial appointments process and desktop research. I conclude that failing to engage with the identified obstacles will negate any efforts to further increase the number of women judges.     

Transactional Associations between Children’s Socioemotional Difficulties and Parental Aggression toward the Child over a Ten-Year Period in a Lower-Income Population

This study examined the transactional effects of parental physical and verbal aggression and children’s externalizing (EP) and internalizing problems (IP) from early school age to adolescence in lower-income community sample using a multi-informant perspective. Mother-child dyads (n?=?175) from urban low socioeconomic backgrounds that are part of the Concordia Longitudinal Research Project, a prospective intergenerational study, participated. Children’s EP and IP were assessed by mothers and teachers at ages 6–8, 9–11, and 13–17-years-old (Child Behavior Checklist). Mothers also self-reported physical and verbal aggression toward their child (Conflict Tactics Scales Parent-Child). Results from cross-lagged analyses with mothers’ reports of EP and IP revealed a transactional process with EP and physical aggression, and a child-driven effect with IP and verbal aggression. EP at 6–8-years-old were associated with increased physical aggression at 9–11 years of age, that in turn were associated with increased EP in adolescence. IP at 6–8 years old were associated with increased verbal aggression at 9–11 years. Some effects were identified when using teachers’ reports of socioemotional difficulties, including a transactional process from verbal aggression at 6–8 years old, to increased EP at 9–11 years, to increased physical aggression at 13–17 years. Overall, parent-driven and child-driven effects were present, but results differed across informants and behaviour problem types. These results have important implications for research and intervention that are discussed in light of the developmental psychopathology and transactional models of development.

     

Misconduct allegations and higher education in a southern sheriff’s department

The purpose of this research is to determine if a relationship exists between education level and misconduct allegations for patrol deputies. Official data from 231 deputies were collected from a large sheriff’s office in the Southeastern United States. Significant relationships were found between education level and the number of misconduct allegations, administrative referrals, and sustained allegations. While some college exposure may be beneficial for job performance, a four-year degree might not yield the anticipated benefits.     

A Hero’s Welcome? Exploring the Prevalence and Problems of Military Veterans in the Arrestee Population

The potential for veterans to end up in the criminal justice system as a result of physical and psychological problems that may be combat‐related has generated much interest, illustrated most recently by the development of specialized veterans’ courts. However, little is known about how often veterans are arrested and incarcerated, the nature of their problems, or the extent to which their military service has contributed to their criminality. Using interview data from 2,102 arrestees booked in Maricopa County (AZ) during 2009, this paper examines the problems and prior experiences of arrested military veterans and compares veteran and non‐veteran arrestees along a range of measures. Results indicate that veterans comprise 6.3% of the arrestee population, and that more than 50% of veterans report suffering from at least one combat‐related problem including physical injury, post‐traumatic stress disorder (PTSD), other mental health problems, and substance abuse. Multivariate analysis indicates that veteran arrestees differ from non‐veterans on a number of key measures, most notably more frequent arrests for violent offenses and greater use of crack cocaine and opiates. The paper concludes with a discussion of implications for the potential link between military service and criminality as well as for criminal justice policy and practice.     

Race and Women’s Imprisonment: Poverty, African American Presence, and Social Welfare

Female imprisonment rates have increased proportionately more than male imprisonment rates over recent decades. There are substantial race differences in women’s rates, as is the case for men. Yet, there has been little quantitative research on the correlates of women’s imprisonment using data over time, or on potential race differences in those correlates. The present research analyzes data on black and nonblack female imprisonment rates in the 50 states for the period 1981–2003. The analyses are guided substantively by existing research on race, social threat and criminal punishment, and theory and research on the penal-welfare hypothesis. The study uses bivariate-response multilevel modeling to simultaneously examine the factors associated with black and nonblack women’s imprisonment rates. The results show that black female imprisonment rates increase when the concentration of African Americans in metropolitan areas and poverty rates grow, whereas nonblack female imprisonment rates are unaffected by poverty rates and actually decrease when African American populations become more concentrated in metro areas. Both black and nonblack women’s imprisonment rates increase when welfare spending declines. The results are consistent with social threat perspectives and the penal-welfare hypotheses.     

Children’s and parents’ involvement in care order proceedings: a cross-national comparison of judicial decision-makers’ views and experiences

This paper presents the views of judicial decision-makers (n = 1794) in four child protection jurisdictions (England, Finland, Norway, and the USA (California)), about whether parents and children are provided with appropriate opportunities to participate in proceedings in their countries. Overall, the study found a high degree of agreement within and between the countries as regards the important conditions for parents’ and children´s involvement, although the four systems themselves are very different. There was less agreement about children’s involvement than parents’, and the court decision-makers from Norway and Finland were more likely to express doubts about this. Nevertheless, the main message from the judicial decision-makers is that they are relatively satisfied as to how parents’ and children´s involvement is handled in their countries. Whether or not this confidence is justified, the emphasis on achieving effective involvement of children and parents in court proceedings is likely to grow, with major implications for the workers, decision-makers and agencies involved.     

Form and Agency in Raz’s Legal Positivism

As two parts of one overarching legal positivist project, it is likely assumed that the constitutive elements of Joseph Raz’s analysis of the rule of law are compatible with his thinking on the nature of legal authority. The aim of this article is to call this assumption into question by reading Raz in light of the core, if under-recognised, preoccupation of the jurisprudence of Lon Fuller: namely, the latter’s concern to illuminate the relationship between the distinctive form of law and human agency. This not only opens up a new engagement between Raz and Fuller that was far from exhausted within debates about law and morality, but also reveals tensions between Raz’s analysis of the rule of law and his analysis of legal authority that proponents of Raz’s legal positivism need to address.     

Coase’s world and Coase’s blackboard

In this contribution I focus on a particular characteristic of Ronald Coase’s work, as exhibited in “The Problem of Social Cost”: his ability to force upon his audience a clearer grasp of reality than they previously held. More specifically, I aim to consider to what extent the “blackboard economics” that Coase himself derided have been avoided in a Coasean world, taking that expression to refer in some sense to a world where Coasean insights can flourish, and as such to be a world not simply of Coase’s own making but a world that has been developed by others in applying the Coase Theorem. My strategy is to interrogate the nature of a Coasean world through developing a framework that can look more closely at different approaches to theoretical modelling, the different worlds involved in these models, and the different positive and normative applications that can be derived from them. I shall further consider whether the understanding of the law that inhabits a Coasean world reflects a “real-world” legal environment. Finally, I shall seek to assess the impact of Coase’s work on our understanding of the relationship between law and economics, in our world.     

Corruption in China’s economic reform: a review of recent observations and explanations

Corruption is a universal phenomenon of public institutions. It is markedly more pervasive in developing and transitional societies. China, with rapid economic growth for two decades, has been deeply troubled by the problem of official corruption at all levels in the public sector. The paper reviews the literature in the last 15 years which examines Chinese corruption from either a theoretical or empirical approach, by qualitative or quantitative methods in observation. Based on more than 30 studies with a focus on the related topic, the review covers issues of Chinese corruption data and statistics, theoretical explanations and China’s strategies of fighting corruption as well as critique.

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Women’s Productive Role and Marital Violence in Bangladesh

This study assesses the role of womens participation in productive activities in reducing the risk of marital violence. Data were collected from villages where numerous nongovernment organizations (NGOs) had microcredit-based income generating programs for the poor. Both the survey and in-depth interviews were used to collect information from a randomly selected sample of 500 currently married women aged < 50 years living in 70 villages in 10 districts of Bangladesh. Findings reveal that the prevalence of marital violence such as mental torture and physical assault had negative association with womens participation in economic activities. Situation that invoked violence against women had most often been their failure of performing expected role in the household. Womens productive roles not only improved womens position in their household but also significantly reduced both mental torture and physical assault against them. The paper argues that participation in productive activities has the potential to bring a significant reduction in the risk of marital violence among women in the poor community.     

Social Media’s Role in Peacebuilding and Post-Conflict Recovery

Armed conflict can have detrimental and profound effects on the social capital of people and communities affected by violence. Besides the destruction of economic and physical infrastructures, intrastate conflict fractures societies, destroys social capital, and exposes vulnerable populations to mental health disorders such as posttraumatic stress disorder. The restoration of social capital represents a major challenge in achieving sustainable peace in the vast majority of pluralistic societies that have suffered from past conflicts. The emphasis on the reconstruction of the physical infrastructure needed for the survival of agonized communities after a conflict can delay the restoration of social capital, which slows down the recovery process. As a result, the damaged social capital in post-conflict societies remains an obstacle in building sustainable peace. This essay highlights the influence of social media on the restoration of social and psychological capitals in post-conflict recovery.     

Women’s activism in a drug user union in the Downtown Eastside

Marginalized women in Canada who use criminalized drugs are often defined through institutional discourses of addiction, disease, poverty, sex work, and violence. Framed by many researchers as an at risk population, the fullness of these women’s lives is often rendered invisible, and the complexity, diversity, and range of experiences of their political and community work and their movement through the city are less often a topic of interest. This gap is addressed through an exploration of how some marginalized women come to know and experience themselves politically and physically, as part of a reflection upon their movement in and through the Downtown Eastside (DTES) of Vancouver, British Columbia, Canada. Drawing from community-based research in the DTES over a four-month period with women in leadership roles at the Vancouver Area Network of Drug Users, a drug user union, this paper highlights the results from focus groups and brainstorming sessions. The participants disrupt conventional notions of addiction and criminalization through their political and community activities and their ongoing resistance to systemic discrimination.     

Director’s liability and investor protection: a law and finance perspective

This article conducts an analysis of director’s liability in listed firms using modern finance theory. The paper describes how the use of special general clauses in Danish law regulates director’s liability. It is shown how risk and return combinations may assist in determining whether management has violated the business judgment rule. The analysis shows that this legal doctrine is optimal from an economic perspective. The article introduces the concept of “temporal relatively of the shareholder equality principle” which can be used to determine whether the interests of minority shareholders have been set aside. It is shown that the principle of shareholder equality must be subjected to both an ex ante, as well as an ex post assessment. Moreover, courts should be reluctant to interfere in situations where there has been an unequal distribution of gain (or loss) ex post. The theoretical arguments are illustrated by analyzing a leading Danish court case that involved the squeeze out of minority shareholders in the Danish telecom company. The paper also analyzes the incentive effects of derivate suits and suits commenced by individual shareholders. It is shown that the former creates a free rider problem whereas in the latter situation, shareholders are not fully able to internalize their externalities.     

China and India’s participation in global climate negotiations

In this paper, we discuss a range of issues concerning developing country participation in current global climate change mitigation negotiations, especially India and China. We argue that the problem of redefining ‘common yet differentiated responsibilities’ in a way which allows developing countries room to pursue their individual development goals while still achieving the necessary level of carbon mitigation is central to the debate. The choice of negotiating instruments, effective technology transfer and financial support, and other related issues have been raised principally by China and India, and may also be raised by several other countries. Kyoto non-compliance by Annex 1 countries will also greatly impact the negotiating power of China and India and other developing countries. We conclude that, once basic principles are clearly defined, the greatest incentive for China and India to participate in climate change negotiations is the prospect of future negotiating rounds that can be linked to a large number of climate change related issues, such as intellectual property, the potential for financial transfers and trade/market access.     

Making mothers: parenting classes in a women’s jail

In the wake of the War on Drugs, more mothers are incarcerated in US prisons and jails than ever before. Parenting classes have become ubiquitous in penal facilities that incarcerate women, but research about mothers’ experience in parenting class is limited to measures of efficacy about things like parenting attitudes and mental-health indicators. This study supplements existing research by adding an ethnographic lens to women’s experiences with parenting classes during incarceration. Drawing on 18 months of participant observation in the women’s unit of a county jail and 83 interviews with incarcerated mothers, I analyze incarcerated mothers’ experiences with parenting classes. Staff and inmates used parenting classes to create ways for women to do mothering during incarceration. Mothering in your head, longing to mother, and guilt as mothering enabled incarcerated mothers to maintain their identities as mothers despite their separation from their children. However, these practices could also be poor substitutes for spending time with children and did not necessarily reflect the reality of women’s lives outside of jail. These ways of doing mothering from afar were also a form of social control for the penal institution, as these mothering behaviors were consistent with being a good inmate.