Thinking like a lawyer/acting like a professional: communities of practice as a means of challenging orthodox legal education

Increasingly, there is pressure upon law schools, in Australia and elsewhere, to impress upon students the significance of the ethical and professional obligations of legal practice. The recent Carnegie Report explicitly looked to law schools “to initiate novice practitioners to think, to perform, and to conduct themselves (that is, to act morally and ethically) like professionals”. Many law students, however, have little appreciation of legal ethics and any concept they may have of professionalism tends to be envisaged as applying only after graduation. In this paper, we explore the idea of a “community of practice”. Lave and Wenger, who coined the phrase, contend that “learning is conceived as a trajectory in which learners move from legitimate peripheral participant to core participant of the community of practice”. We will argue that law students should appreciate that they are entering the legal profession's community of practice and that all aspects of their conduct relevant to professionalism – not only academic integrity, but matters such as time management, teamwork, relationships with peers and staff – relate to this transition into a legal professional community. Such an approach may not only serve to impress upon students the significance of “professionalism” and ethics, but inculcate in them a sense of belonging to a professional community.     

Comparison of MMPI psychopathic deviate scores of battered and nonbattered women

Despite the voluminous research using the Minnesota Multiphasic Personality Inventory, little research has been done evaluating the MMPI for assessing personality profiles and psychopathology in victims of domestic violence. The current study focused on the Psychopathic Deviate scale (scale 4), and the Harris and Lingoes subscales measuring specific aspects of this concept. The objective was to evaluate whether a clinical population of battered women differed from a nonbattered group drawn from a similar clinical setting. The battered group scored higher on the full scale (p .001), the Authority Problems scale (p .001), the Social Alienation scale, (p .01), and the Social Imperturbability scale (p .05). There was no difference on Self-Alienation. The score on Family Discord (Pd1) was the most elevated for the battered group, falling just below moderately elevated. Within the battered group, the score on Family Discord (M =69.11) was significantly more highly elevated than the score on Self-Alienation (M =60.4) (the next most highly elevated score). These findings suggest that there is an association between elevated scale 4 scores and victimization by domestic violence. However, it is essential that clinicians carefully evaluate such scores in the context of each individual situation before attributing causation.     

Brazilian judges in-between professionalism,gender and difference

This paper analyzes how Brazilian judges experience difference, focusing on how professionalism, gender, generation and diversity intersect in identity formation among women and men who are judges in the state of São Paulo, Brazil. In attempting to avoid attaching one fixed meaning to the concept of difference, we work with Avtar Brah's typology; this in turn enables us to capture how difference is perceived and experienced by our interviewees. Our results provide a look at how the specificities of the professionalization process influence the composition of the two courts we have studied (one at state and another at federal level), and how they increase or reduce the gender stratification within these careers. Being a judge is experienced through difference, in particular as the ‘Other' to those outside the career, and wherein identification is intersected by questions of gender, sexuality and generation. Although professionalism establishes boundaries between ‘us' and ‘them', it is also diluted through the ways in which the above-mentioned social markers and attributes permeate the self and professional groups. We interviewed 18 judges (women and men) from the São Paulo State Courts (Tribunal de Justiça de São Paulo) and 10 judges from the Regional Federal Courts (Tribunal Regional Federal) from the São Paulo circuit.     

The university and the human sciences

The current malaise affecting the university in general and the human sciences in particular has a deeper origin than is usually recognized. It has to do with the gap between science and culture, between the scientific way of dealing with things and the ordinary-lifeway of dealing with them. The more the university is seen as the bastion of science, the less those sciences, which traditionally deal with human affairs as seen from the ordinary, common sense point of view, are taken seriously. It is particularly the Geisteswissenschaften which are de facto depreciated. The usual reaction is an attempt to ever more professionalism and methodological rigidity also in these sciences. This leads to disastrous consequences both for the Geisteswissenschaften and for the university as a whole. This revised version was published online in July 2006 with corrections to the Cover Date.     

法律职业主义

律师制度起源于西方,法律职业主义是其主流指导理念。法律职业主义由三大基石构成。随着现代批判性思潮对其批判的展开,有必要重新审视国家主义、商业主义以及技术性职业主义和公共性职业主义的利弊。我国学术界和律师界所持的多是技术性职业主义的观点,政府的管制理念存在一定的模糊与混乱。以容纳多种伦理观为己任的“市民公共领域”理论,可能是建构我国律师职业定位新模式的可行路径。     

Conceptualizing police professionalism

Police professionalism is a term that has seen wide usage in recent years. However, much confusion has been generated by the distinct and often contradictory usages of the concept. This paper attempts to clarify the concept by examining three competing conceptualizations which have been most frequently subscribed to. Criminal justice researchers have followed sociologists, operational zing professionalism through application of the dimensional approach. Fundamental problems with this approach are discussed as well as specific problems with its’ application to the police. Given the conceptual problems which have plagued the concept of police professionalism, recommendations for future research are made.     

The police education qualification framework: a professional agenda or building professionals?

ABSTRACT

Given the growing complexity in British policing, the College of Policing are implementing a Police Education Qualification Framework through a professionalization agenda. This aims to standardise entry to the police and allow serving officers to gain accreditation for their previous training and experience. Part of this process involves the development of a national police curriculum for higher education institutions to deliver to new recruits. Different definitions of what constitutes professionalism can impact on officers’ interpretations of this concept and how they subsequently engage with the proposed reforms. This paper, which is based on in depth qualitative interviews with serving officers who have undertaken an academic qualification in policing, suggests that the relationship between police education and the development of professionalism is complex. Officers need to be trusted and encouraged to use their learning in a way that develops their own personal sense of professionalism. However, this paper will argue that current perceptions amongst officers are sceptical of the wider agenda and brings into question the development of a standardised curriculum which may ultimately be viewed as further governance over officer behaviour.     

Implications of electronic developments for distance and face to face learning. Ten statements on the use of electronics in law teaching

ABSTRACT

This paper explores the teaching of legal professionalism in Ireland using interview data from the principal stakeholders in the legal profession education system including students (the trainee solicitors). The data was analysed phenomenographically in order to determine the extent to which there was variation in perceptions among these stakeholders as to what professionalism means and how best to teach or instil the notion. The findings indicate diverse perceptions among stakeholders that reflect a lack of shared understanding of professionalism and how to teach or instil professionalism. The study critically discusses the findings in light of relevant literature and concludes that a coordinated approach to understanding and fostering professionalism will help bridge this gap in perceptions and raise professional standards.     

Professionalism, Organizations, and Compliance

Earlier studies haw shown that professional orientations are related to individual compliance with laws and regulations. However, no quantitative studies have focused on compliance at the organizational level and the professional orientations of the chief executive officer. Studies on dues and law breaking at the individual level have focused on professional orientations, but within an organization there are other aspects of professionalism that will be of import in determining the organization's compliance with the law. We posit that professionalism is a more complex notion for individuals located in an organizational setting. Utilizing data collected from 410 Australian nursing homes, which are characterized by a flat management structure, the data show that of three aspects of professionalism—orientation, values, and autonomy—it is professional autonomy that directly affects organizational compliance. However, the data do suggest that the relationship between professional orientations and organizational compliance are mediated by the complexity of the organization. Organizational culture is also shown to be an important factor in explaining compliance with the law.     

A Multidimensional Definition of Partner Abuse: Development and Preliminary Validation of the Composite Abuse Scale

The lack of definitional consistency about domestic violence and the absence of a well-validated comprehensive abuse screening questionnaire have been major methodological flaws in domestic violence research. While there are several screening questionnaires in use, they either are narrowly defined and do not have discrete measures of physical, emotional, and sexual abuse or have not been validated on both abused and nonabused samples. This study presents the development and preliminary validation of a new partner abuse screening questionnaire (Composite Abuse Scale; CAS). Items measuring the three areas of partner abuse were extracted from four published scales: the Conflict Tactics Scale, Measure of Wife Abuse, Inventory of Spouse Abuse, and Psychological Maltreatment of Women Inventory. A survey using these items was sent to all nurses working at a large Australian public, inner-city teaching hospital. Factor analyses of the responses of 427 participants revealed four dimensions: Severe Combined Abuse, Emotional Abuse, Physical Abuse, and Harassment. Preliminary evidence is presented on validity and a high scale reliability is reported fof each subscale.     

Professionalism in higher education: important not only for lawyers

This article considers how, in light of the changing legal profession and higher education, academia could address professionalism training. The authors put forward an argument that, if professionalism is to be understood as a set of skills, values and attitudes required for any lawyer, it is now a good time to consider how these could be taught and assessed in law and non-law degrees. The formation of professional values and attitudes is a long process that continues throughout a person’s life. The earlier students are exposed to professional values, attitudes and skills, the better the quality of service these future lawyers will provide to the public. Taking into account the Legal Education and Training Review (LETR) recommendations, the article suggests some practical ways as to how professionalism could be developed in higher education.     

Knowledge of police and court procedures and respect for the law a survey

Data were collected measuring knowledge of procedures and civil liberty protections in the juvenile justice system. In addition, questions from the Rundquist-Sletto Respect for Law Scale were used to assess attitudes toward the system. Three hundred ninety-six subjects, selected through stratified random sampling, were instructed to answer twenty-eight forced-choice questions on procedures and six Guttman-type scale questions on attitudes toward authority, all presented in the context of a brief scenario. Subjects were also asked to indicate age, sex, race, and previous arrest. Several questions were identified as applications of the Miranda decision, and the hypothesis was confirmed that these would be most often answered correctly by all subjects.A brief survey of the development of a separate juvenile justice system is presented. The authors concluded that by relying on informal channels of communication about its role, the court does not meet its obligation to educate the public.     

职业性与学术性：司法考试应并重

司法考试出台后,理论界、实务界以及现实举行的司法考试,都过分偏重了它的职业性,而忽视了其学术性。文章指出,司法考试应并重职业性和学术性,并对司法考试协调职业性和学术性的实现途径提出了建设性的举措。     

中国法官职业化改革的立场和策略

法官职业化是中国司法改革和发展的重大主题之一,处理这样一个宏大而复杂的问题,需要在理想和现状、目标和方法方面进行艰难的立场选择和策略安排。本文选自作者近年来发表的相关文章,以探讨法律职业在法治社会中的合理定位开篇,以《法官法》与法官的职业化进程收尾,其中论及中国法官职业化改造过程中的一系列备受关注的问题。     

Staff‐Prisoner Relationships,Staff Professionalism,and the Use of Authority in Public‐ and Private‐Sector Prisons

Prison privatization has generally been associated with developments in neoliberal punishment. However, relatively little is known about the specific impact of privatization on the daily life of prisoners, including areas that are particularly salient not just to debates about neoliberal penality, but the wider reconfiguration of public service provision and frontline work. Drawing on a study of values, practices, and quality of life in five private‐sector and two public‐sector prisons in England and Wales, this article seeks to compare and explain three key domains of prison culture and quality: relationships between frontline staff and prisoners, levels of staff professionalism (or jailcraft), and prisoners' experience of state authority. The study identifies some of the characteristic strengths and weaknesses of the public and private prison sectors, particularly in relation to staff professionalism and its impact on the prisoner experience. These findings have relevance beyond the sphere of prisons and punishment.     

Games guards play: a self-report study of institutional deviance within the Texas Department of Criminal Justice

While most correctional officers adhere to the highest level of professionalism, some engage in institutional deviance during the course of their eight-hour shifts. In the present study, we administered 501 self-report questionnaires to correctional officers within the Texas Department of Criminal Justice. Respondents who reported that their supervisors were not supportive tended to admit to higher levels of institutional deviance than their peers, though peer support did not contribute to correctional officer deviance. Additionally, respondents who perceived their jobs to be less dangerous than other officers were more likely to have attitudes that were conducive to institutional deviance. Moreover, a perception of deviance among others also helped ‘normalize’ these acts in the prison setting and contributed to more favorable attitudes toward institutional deviance by correctional officers. Theory X and Theory Y is used to explain the lack of supervisory support that leads to institutional deviance among correctional officers. These findings have important policy implications toward reducing deviance among correctional officers, thereby making prison facilities safer and more secure.     

法律职业话语的解析

职业主义、精英主义和民粹主义构成了现代社会关于法律职业的三种话语系统和意识形态。职业主义是一种描绘和论证法律职业的理想图景的话语,精英主义是一种论证法律职业的正当性和合法性的话语,而民粹主义则是一种批判法律职业之弊害的话语。三种话语系统和意识形态之间的良性互动,是法律职业健康发展的有效保证。     

A More Efficient Method for Synthetic Textile Fiber Analysis Using Polarized Light Microscopy

The efficiency of conventional polarized light microscopy (PLM) methods for analyzing synthetic fiber evidence analyses is improved. Historically, using PLM for fiber identification relied on measuring refractive index. This prior PLM technology is reliable, but it is not efficient. Most fibers are optically anisotropic, having two principal refractive index values, N_(High) and N_(Low). When the fiber is mounted in intermediate refractive index medium, efficiency is improved by observing the change in contrast while the polarized light’s vector is rotated relative to the fiber’s axis. Minimum contrast occurs when the refractive indices of the mounting medium and fiber are equal. This angle of equality is determined by orienting the fiber’s highest refractive index parallel to the polarized light’s electric field vector, rotating the fiber or polarizing element, observing minimum contrast and measuring the angle of equality. This method is rapid, reduces remounting fibers in different mounting media and provides a quantitative measure for fiber comparisons.     

Authoritariansim as indicated by measures of acceptance of authority and directiveness among police officers,students and townspeople

Conclusion Recently theory and scales measuring authoritarianism and cynicism of police have come into close scrutiny. In particular, Langworthy (1987:28,33) has concluded from his review of 21 empirical studies that police cynicism appears to have several different dimensions and that the “failure to detect cynicism or a factor closely related to it is a product of reliance on a very flawed instrument the Niederhoffer index.” To address that criticism of a faulty instrument, this research has utilized scales measuring directiveness and proauthority. For reasons of alpha coefficients, only the scores on the pro-authority scale were analyzed. Mean scores on the pro-authority scale between law officer, students, townspeople and police officers were not significantly different. When investigating variables relating to the high scores of proauthority of police officers, rank was statistically significant while age was not. For future research, separate population should be continued as well as random sampling. In addition, variables of age, sex, ethnic, rank and departmental/organizational dimensions should be explored.