A Survey: Children’s Rights Post Termination of Parental Rights and Pre-Adoption

This survey of the statutory provisions and case law of all 50 states and the District of Columbia includes the rights of children to parental support, inheritance, and familial association remaining upon termination of parental rights. A majority of states terminate all the child’s rights at the time parental rights are severed. However, a number of states by explicit statutes or statutory construction have determined that a child’s rights to parental support survives termination of parental rights. This survey examines the prevailing law in each state and suggests statutory reforms to protect the legal status and rights of children.     

Who’s afraid of penal populism? Technocracy and ‘the people’ in the sociology of punishment

Contemporary sociologists of punishment have criticized the rising incidence of incarceration and punitiveness across the Western world in recent decades. The concepts of populist punitiveness and penal populism have played a central role in their critiques of the burgeoning penal state. These concepts are frequently sustained by a doctrine of penal elitism, which delegates a limited right to politicians and ‘the people’ to shape institutions of punishment, favoring in their place the dominance of bureaucratic and professional elites. I argue that the technocratic inclinations of penal elitism are misguided on empirical, theoretical, and normative grounds. A commitment to democratic politics should make us wary of sidelining the public and their elected representatives in the politics of punishment. A brief discussion of Norway’s legal proceedings against Nazi collaborators in the mid-1940s and the introduction sentencing guidelines commissions in Minnesota in the 1980s shows – pace penal elitism – that professional elites may variously raise the banner of rehabilitationism or retributivism. While penal elitism may yield a few victorious battles against punitiveness, it will not win the war.     

Who Fears the HPV Vaccine,Who Doesn’t,and Why? An Experimental Study of the Mechanisms of Cultural Cognition

The cultural cognition thesis holds that individuals form risk perceptions that reflect their commitments to contested views of the good society. We conducted a study that used the dispute over mandatory HPV vaccination to test the cultural cognition thesis. Although public health officials have recommended that all girls aged 11 or 12 be vaccinated for HPV—a sexually transmitted virus that causes cervical cancer—political controversy has blocked adoption of mandatory school-enrollment vaccination programs in all but one state. An experimental study of a large sample of American adults (N = 1,538) found that cultural cognition generates disagreement about the risks and benefits of the vaccine through two mechanisms: biased assimilation, and the credibility heuristic. We discuss theoretical and practical implications.     

Who Sees What as Fair? Mapping Individual Differences in Valuation of Reciprocity,Charity, and Impartiality

When scarce resources are allocated, different criteria may be considered: impersonal allocation (impartiality), the needs of specific individuals (charity), or the relational ties between individuals (reciprocity). In the present research, we investigated how people’s perspectives on fairness relate to individual differences in interpersonal orientations. Participants evaluated the fairness of allocations based on (a) impartiality, (b) charity, and (c) reciprocity. To assess interpersonal orientations, we administered measures of dispositional empathy (i.e., empathic concern and perspective taking) and Machiavellianism. Across two studies, Machiavellianism correlated with higher ratings of reciprocity as fair, whereas empathic concern and perspective taking correlated with higher ratings of charity as fair. We discuss these findings in relation to recent neuroscientific research on empathy, fairness, and moral evaluations of resource allocations.     

Saṅghabhadra’s and Śubhagupta’s Defence of Atomism,Their Similarities and Differences

Journal of Indian Philosophy - As Buddhist externalists, both Sa?ghabhadra and ?ubhagupta claim the existence of an external object on the basis of atomism. In this paper, I will show...     

Ironic Animals: Bestiaries,Moral Harmonies,and the ‘Ridiculous’ Source of Natural Rights

The Bible recounts that in Eden, Adam gives names to all the animals. But those names are not only representations of the animals’ nature, rather they shape and constitute it. The naming by Adam contains in itself the divide between the human and non-human. Then, there is the Fall: Adam falls and forgets Being. Though he may still remember the names he gave to the animals in Eden, he is no longer sure about their meaning. Adam will have to try to remember his own intentions. Through this effort he can also become aware of how he thinks, who he is, and what was the natural order he knew before the Fall. Medieval bestiaries tell us this story. Bestiaries are works of word play populated by animal figures. They depend on back-and-forth anthropomorphization, or circular metaphor. Animal figures are portrayed as both a mirror of human nature and a window on it. Bestiaries served as means for the moral education of human beings and, at the same time, a way to criticize the current state of humanity, including political and ethical habits. Within the moral irony of medieval bestiaries we can find the origin of the invented nature that modernity will try, subsequently, to insert into natural rights discourse through the teleological oxymoron of their naturalized and naturalizing counter-factuality (natural rights will be simultaneously “being” and “ought,” nature and values/ends). I will propose a historical-semiotic journey through the ironic representations of the human-beasts from the ancient world to contemporaneity. The proposal resulting from this cultural excursion is that the words included in the many national and international Rights declarations operate much like the names Adam gave to the animals and still more as they were re-read in medieval bestiaries, both textual and musical. So, can the words of Rights still serve as musical scores, open to an infinite play of re-signification? If we were able to overcome the modern culture/nature and human being/animal dualisms, we could cast, today as in the past, a zoological gaze on human rights by means of contemporary bestiaries and, in this way, perhaps find the gist of rights’ names and our ever regained and ever lost again humanity.     

A Two-Way Street for Alcohol Use and Partner Violence: Who’s Driving It?

Using lifetime data from two waves of the National Epidemiologic Surveys on Alcohol and Related Conditions, this study sought to examine sex- and race-specific risks in the temporal relationship between adult onset severe physical intimate partner violence (IPV) victimization and alcohol misuse (binge drinking) and alcohol use disorders (abuse and dependence) and whether or not childhood trauma moderated these relationships among U.S. non-Hispanic White and Black women and men. IPV predicted most alcohol outcomes among White and Black women and White men. Conversely, binge drinking among White and Black women and alcohol abuse among Black women and men predicted IPV. Childhood trauma moderated the relationship between IPV and alcohol misuse mainly among Black respondents, with an increased risk of either outcome among those without childhood trauma. These findings suggest a reciprocal relationship between IPV victimization and alcohol misuse, with implications for sex- and race-specific prevention and intervention efforts.     

Taking Care of Strasbourg: The Status of the European Convention on Human Rights and the Case-Law of the European Court of Human Rights in Kosovo’s Domestic Legal System

This paper addresses the position of the European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR) case-law in Kosovo’s domestic legal order. To begin with, it reviews the background of the issue of human rights in Kosovo highlighting its distinct position and perspective. This article then analyses the position held by the European Convention on Human Rights and its protocols in Kosovo’s legal order while also addressing the ECHR’s constitutionalization, its direct effect and the constitutional review on basis of it. The paper then examines whether the case-law of the ECtHR is binding in Kosovo, whether it is directly effective, and whether Kosovo’s Constitutional Court can use it as a ground in the conduct of constitutional reviews. This paper argues that the ECHR and the case-law of the ECtHR both hold a privileged status under Kosovo’s constitutional law, despite Kosovo not being a party to the ECHR and, therefore, having no international liability to implement the ECHR. In addition, the paper offers certain arguments regarding the relative positions of the ECHR and the case-law of the ECtHR within the current practice of Kosovo’s judicial system. This paper concludes with the argument that the ECHR and the case-law of the ECtHR hold a privileged status in the context of Kosovo’s domestic legal order—one which could serve as a precedent in respecting human rights and freedoms.     

Space and Law, Gender and Land: Using CEDAW to Regulate for Women’s Rights to Land in Vanuatu

International laws such as The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) promise a universal system of rights to varied people in varied places. In many Pacific states this has been translated to mean that women should have the same privileges as men to control, possess and use land. This could not be further from the truth as evidenced by women’s experiences in Vanuatu, which bring home the visible and invisible spaces of international law. The insights of legal geographers into the spatialised dimensions of social, political and economic activities, together with those of feminist legal scholars into the gendered nature of law, are invaluable in understanding how some spaces are prioritized while others are devalued. We rely on these insights to uncover the prioritized legal spaces of Vanuatu and to locate them against the lived-in spaces of Vanuatu’s women. Becoming aware of the multispatiality of law is the first step in contemplating a landscape where justice can play a part.     

Capacity as Philosophy: A Review of Richard Lippke’s, The Ethics of Plea Bargaining

Plea bargaining is a response to capacity overload in the criminal justice system. It both preserves and belies the right to trial, making possible its glorious display but only by denying it in most cases. While plea bargaining has been documented and analysed copiously in historical, sociological and legal terms, its ethical status as an institutional practice are hazy. Richard Lippke offers an account of plea bargaining that draws on the normative debates over responsibility, culpability and desert, in aid of a holistic proposal for a morally defensible system of pre-trial adjudication. In proposing an ethical system of plea bargaining, and working through the normative challenges to this, two bigger questions become visible. These are: what are the implications of developing, in essence, an ethics of efficiency, and, how should the criminal justice system be held to account for the inequalities (and iniquities) that exist before and outside it? In this review essay, I show how these questions are constructed in the book and make some attempt at analysing them, thus engaging with the more urgent and general issue of the complicated relationship of the ideal to the real when it comes to penal practice.     

Animal cruelty and firesetting as behavioral markers of fearlessness and disinhibition: putting two-thirds of Macdonald’s triad to work

The purpose of this study was to determine whether animal cruelty and firesetting can serve as markers of fearlessness and disinhibition, respectively. File data gathered on 496 male sex offenders were analyzed in an effort to test two hypotheses, a countervailing hypothesis and a narrowness hypothesis. Results pertaining to the countervailing hypothesis revealed that animal cruelty correlated significantly better with fearlessness than with disinhibition and firesetting correlated significantly better with disinhibition than with fearlessness. A multiple regression analysis controlling for age at time of discharge, participant race, and offender category (pure rapist and pure child molester) also confirmed this hypothesis. Corroborating the narrowness hypothesis, animal cruelty and firesetting failed to predict violent offending after controlling for fearlessness and disinhibition, respectively. These results suggest that animal cruelty may serve as a marker for fearlessness and callous–unemotional traits, whereas firesetting may serve as a marker for disinhibition and low self-control.     

COVID,crisis, and unordinary order: A critical analysis of Australia’s JobKeeper wage subsidy scheme as an exceptional measure

Carl Schmitt’s famous articulation of the relation between sovereignty and the exception emphasises not simply the basis for a suspension of the law in a state of emergency, but the role of the sovereign in deciding upon the existence of the ‘normal situation’, the ‘everyday frame of life’ which the law requires to function. Our pandemic times have included extreme biopolitical measures deployed to manage the health crisis, but also unprecedented political responses to regularise or stabilise the economic order. One example is Australia’s historic JobKeeper wage subsidy scheme. As law, it was given life by an executive power predicated on nationhood and enlivened by crisis. As policy, it was intended to help businesses retain workers through targeted, proportionate support. In reality, it also provided significant protections and even windfalls to corporations and their investors, leading to critiques of the scheme as corporate welfare. However, rather than highlighting deficiencies of the JobKeeper programme, these outcomes underscore its ultimate function. This article analyses the relationship between norm, exception, and order in the context of Australia’s flagship economic-policy response to the pandemic. First, by analysing the mutually constitutive relationship between norm and exception, employing the theories of Carl Schmitt and Giorgio Agamben. Second, by critically examining the legislative basis for JobKeeper, its political narrative and practical outcomes. Third, by demonstrating that the scheme, though an extraordinary departure from policy, can be understood as fundamentally a different and exceptional method to secure and reproduce our neoliberal corporate order in a state of exception.

     

Children’s Perceptions of Intimate Partner Violence: Causes,Consequences, and Coping

Children’s appraisals of conflictual and aggressive parental interactions mediate their effect on children’s adjustment. Previous studies have relied almost exclusively on self-report questionnaires to assess appraisals; consequently we know little about perceptions that occur naturally when children witness interparental aggression. This study employed a semi-structured interview to assess the thoughts and feelings of 34 children (ages 7–12) whose mothers were receiving services at domestic violence agencies, and mothers reported on interparental aggression that took place in the home. Children’s thoughts centered on consequences and efforts to understand why fights occurred. They generally viewed their mother’s partner as responsible for violence, though a significant number viewed both parents as playing a role. Sadness and anger were more common than anxiety, and children often attempted to stop or withdraw from fights or both. When asked why family violence occurs, most focused on perpetrators’ lack of control of anger or personal characteristics, but approximately one-third viewed victims as provoking aggression. These findings support the idea that children actively attempt to understand the causes and consequences of interparental violence and suggest that their perceptions and interpretations are important for understanding the development of beliefs regarding the use of violence in close relationships.     

Who pays more “tributes” to the government? sectoral corruption of China’s private enterprises

Which industry sectors bribe the government and, in turn, are exploited by the government the most in China? Or, as commonly satirized by the people, which sectors pay the most “tributes” (shanggong) to government officials? This article attempts to answer these questions by proposing a meso-level approach, which examines corruption in China at the sectoral level. We use a firm-level survey from 1997 to 2006 in China and treat two types of payments by private enterprises—public relations–building fees (yingchou) and forced apportionment of funds (tanpai)—as indicators of potential corruption in a sector. We find that the most corrupt sectors are those that rely on scarce and less mobile resources controlled by the government. Thus, further reform in the factor markets is necessary to reduce corruption caused by government intervention in the allocation of important resources.