Psychological Injury and Law: Introduction to the First Issue

In this introductory article to the special series of articles written to initiate the new journal, Psychological Injury and Law, I provide the background and impetus for this fast-growing area as a distinct field of scientific study. Professionals working in the area need to be aware of its diverse components, from evidence law and forensic psychology to disability and assessment, to its three core areas of Posttraumatic Stress Disorder and other distress, chronic pain, and traumatic brain injury, as well as issues such as malingering. I provide summaries of the articles in this special series that appear in this inaugural issue. The remaining articles of the special series of articles to introduce the journal are presented in the next two issues.     

Determining Disability: New Advances in Conceptualization and Research

This special issue of Psychological Injury and Law on disability presents state-of-the-art conceptualization and empirical research that will help psychologists and attorneys in the area of disability determination. This paper constitutes an introduction to and contextualization of the articles in the issue. It focuses on key advances in the field of disability research that are anticipated to move forward the practice of psychological injury and law. These new advances include the following: (1) a theoretical shift toward an integrative and dynamic biopsychosocial framework of health and disability, (2) development of complex multidimensional constructs of motivation, including primary, secondary, and tertiary gains and losses involved in disability claims, (3) increased emphasis on the perception of fairness and justice in disability claims from both psychological and legal perspectives, (4) increased understanding of the functional impact of psychological impairment, (5) inclusion of age-related factors in predicting disability, and (6) the interdisciplinary growth of this field.     

Neuroscience and Neurolaw

At the intersection of neuroscience and psychological science stands neuropsychology, providing patients, triers of fact, and other parties a quantifiable, evidence-based method for understanding cognitive, emotional, and behavioral changes that occur in the context of injury or disease. The purposes of this special issue of Psychological Injury and Law are to (1) illustrate the ways in which neuroscience, psychological practice, professional ethics, and laws are intertwined in the evaluation and treatment of persons who have been injured or are experiencing a neurological disease, (2) demonstrate the ways in which neuropsychological practice is applied to forensic questions, and (3) promote quality neuropsychological practice and services to patients, courts, and other consumers of neuropsychological services. This special issue provides a sample of the types of ways that practitioners integrate neuroscience and clinical psychology, informed by and consistent with relevant laws and professional ethics, to understand people who have cognitive, emotional, and/or behavioral problems stemming from neurological injuries or other disorders.     

Commentary: Promising answers,and the next generation of questions

The papers in this special issue will be immensely valuable in taking forward the agenda of research, practice and theory construction in the field of offender rehabilitation. Some have consolidated existing knowledge in specific areas and analysed its potential implications. Others have identified the key points at issue in the debate between different models of the rehabilitation process. Still others have explored or developed a number of relatively neglected matters, including the delivery of treatment within a coercive framework; the role of labelling in change and desistance processes; the importance of the therapeutic alliance in offence-focused work; and reconceptualisation of the responsivity principle within the framework of therapeutic jurisprudence. The present paper extracts some further principal themes from the spectrum of issues raised. Discussion of these is grouped under the four headings of theory construction, evidence accumulation, practical implementation, and ethical and political dimensions.     

Symposium overview: Accelerating the conversion of science to technology

Conversion of science to technology typically represents a transition across cultures, organizations, time scales, perspectives, personal motivations and philosophies. The purpose of this special issue is to address the specific problem of efficient and effective conversion of science to technology. This special issue will focus on the ideas, concepts and principles (for improving the science to technology conversion) that can be derived from past and present practices, and will complement recent special journal issues on Research Impact Assessment (Evaluation Review, February 1994) and Performance Measures for Government Sponsored Research (Scientometrics, July–August 1996). The theme that permeates this special issue is that efficient science to technology conversion is a contact sport. It is critical that interested parties (from each side of the science-technology barrier) develop early awareness of, and subsequent early involvement in, each other's culture, problems, and potential to maximize opportunities for removing impediments to successful transition. Awareness and involvement can be greatly enhanced through the use of the latest findings and tools resulting from advances in information science and technology. The various papers in this special issue present concepts and successful examples for enhancing mutual awareness and deepening the breadth and period of involvement that eventually result in transition obstacle removal.     

Breaking Bad: DSM-5 Description, Criticisms, and Recommendations

The special issue on the DSM-5 (Diagnostic and Statistical Manual of Mental Disorders, 5th edition, American Psychiatric Association, 2013) in the journal Psychological Injury and Law has considered its changes relative to the DSM-IV-TR (Diagnostic and Statistical Manual of Mental Disorders, 4th edition, text revision, American Psychiatric Association, 2000) from both a clinical utility and scientific point of view. Although the manual did not undergo wholesale change, the changes to diagnostic categories relevant to the area of psychological injuries (especially posttraumatic stress disorder, mild traumatic brain injury, and chronic pain) present both practical and forensic conundrums, complicating clinical and legal work in the area. The articles in the special issue number nine (including the present one), and involve ones on the major psychological injuries, as well as personality. Separate articles deal with forensics and ethics, with a final one considering forensic psychiatric work using the DSMs. The authors collectively indicate that the DSM-5 is rife with utility and scientific difficulties, although it still might be used in practice and for court in the context of careful, comprehensive assessments and critical analysis. More importantly, ongoing and future research should be considered in revising the DSM-5. Some of the articles review in depth the extant research on their topics and all make recommendations that are useful. The articles include those (in order in the special issue) by: Zoellner et al. (Psychological Injury and Law, 6, 2013); Biehn et al. (Psychological Injury and Law, 6, 2013); Schultz (Psychological Injury and Law, 6, 2013); Young (2013); Hopwood and Sellbom (Psychological Injury and Law, 6, 2013); Thomas (Psychological Injury and Law, 6, 2013); Gordon and Cosgrove (Psychological Injury and Law, 6, 2013); and an opinion piece by Frances and Halon (Psychological Injury and Law, 6, 2013), the chief chair of the DSM-IV (Diagnostic and Statistical Manual of Mental Disorders, 4th edition, American Psychiatric Association 1994).     

An introduction to the special issue on ‘counterfeiting’

This paper provides an introduction to the articles and report excerpts included in the special issue of Trends in Organized Crime on ‘Counterfeiting’. The aim of this special issue is to add to the relatively sparse literature currently available that addresses this expansive and complex criminological phenomenon. In particular, the special issue draws together empirical research findings and theoretical accounts on the organization of the counterfeit trade across a broad spectrum of goods, and highlights a number of issues associated with researching counterfeiting.     

高校法治与特别权力关系

依法治校是我国行政法学界新关注的热点问题。近年来一些对高校的诉讼更是将对高校的依法治理问题的讨论置于公众的广泛关注之下。高校法治并不完全排斥特别权力关系理论,而需要吸收其合理内核,并做出一定的改良。通过引入法律保留、司法救济以及正当程序原则和禁止权力滥用原则等,完善我国的高校法治理论,对学生管理权的法治化进行有益的尝试,以期对实践有所指导。     

身份犯之共犯:以比较法为视角的考察

共犯与身份是刑法理论上一个较为疑难的问题,德国、日本以及我国台湾地区刑法典对此都有明文规定,因此形成关于共犯之身份犯的教义学原理。我国刑法并没有关于共犯与身份问题的一般性规定,而只是在刑法分则中存在个别性规定以及在有关刑法解释中存在规定,并且这种规定也经历了一个演变过程。本文采用德日刑法学关于共犯之身份犯的教义学原理,结合我国刑法与司法解释的规定,对共犯之身份犯的定罪及量刑问题进行了较为细致的分析。本文对于从法理上正确理解共犯之身份犯,并为共犯与身份的立法与司法完善,具有一定的参考价值。     

The Dragon’s shadow: an introduction to the special issue on ‘Chinese organized crime’

This paper provides an introduction to the articles submitted to the special issue of Trends in Organized Crime bringing forward numerous empirical research findings and theoretical accounts on Chinese organized crime in China and beyond.     

Josine Junger-Tas: The Life and Works of a Compassionate Criminologist

This article is the editorial introduction to the special issue of the European Journal of Criminal Policy and Research Compassionate Criminology: The Legacy of Josine Junger-Tas (1929–2011). The article consists of four parts and an Appendix (i.e., the bibliography of her publications). In the first section, we provide a brief overview of the highlights of her professional career of 40-plus years, including her contributions to the institutionalization of European criminology. The second section discusses how her focus on comparative criminology and policy relevance run as a red thread through her work as a criminologist. The third part centers around Junger-Tas’s consistent concern with the responsibility of scholars and researchers to “do the right thing” and to speak out for the most vulnerable parts of the population (youth in particular). We believe that as a public criminologist avant la lettre Junger-Tas’s main heritage lies in drawing the contours of what may be called evidence-based compassionate criminology. The fourth section provides a brief introduction to the seven articles in this special issue.     

An introduction to the special issue on ‘Organised crime and illegal markets in the UK and Ireland’

This paper provides an introduction to the articles and report excerpt submitted to the special issue of Trends in Organized Crime on ‘Organised crime and illegal markets in the UK and Ireland’. The aim of the special issue is to draw together empirical research findings and theoretical accounts on various manifestations of organised crime in the particular geographic context(s), the evolution of organised crime, the links between organised crime, the legal sphere and paramilitary groups, as well as an account of the demographic profile and attitudes of citizens in areas in which organised crime groups thrive.     

The regime that FATF built: an introduction to the Financial Action Task Force

This article serves to introduce this special issue of Crime, Law, & Social Change on the Financial Action Task Force (FATF). It provides a primer on the history and purpose of FATF and lays out some of the central debates over FATF and the anti-money laundering (AML) regime. Finally, as a way of giving readers an overview of the articles in the special issue, it proposes a series of themes that academics and practitioners should consider in future research and work with FATF.     

Introduction: Public Participation and Involvement in the Criminal Justice System in Asia

In this introduction to this special issue of the Asian Journal of Criminology, we pay special attention to public participation and involvement in the criminal justice system in Asia. Public support, participation, and involvement in various forms are crucial to normal functioning and effectiveness of the criminal justice system. Given the centralized and often non-democratic nature of the legal system in many Asian nations, studies in this field have lagged behind their Western counterparts. Based on empirical and theoretical studies from China, India, Japan, Macao, and South Korea, papers in this special issue address several key aspects of public participation and involvement in these Asian nations and regions, including the public’s role in crime reduction and prevention, the public’s fear of crime, the public’s involvement with the police in dealing with juvenile delinquencies, the police’s perception of civilian oversight of police work, public opinion on criminal trial procedures, and a comprehensive crime prevention strategy.     

International regimes and environmental policy integration: introducing the special issue

Pressure is mounting for states to become better at integrating its environmental policies into sector policy, a challenge often referred to as environmental policy integration (EPI). Policy research on EPI has grown to become a distinct and substantial field of study at the national and EU levels, where political commitment and interest in the topic have been large. In the study of international regimes, EPI analytical concepts have so far not been applied although the EPI quest is at least as important and critical at this level. This special issue addresses this gap, by combining these two sets of literature and examining various aspects of EPI in international regimes, its manifestations and its challenges. This introductory paper introduces key conceptual discussions underlying the development of this special issue, distils and discusses some of the key findings and messages from the four ensuing research articles and presents directions for future research. It finds that many EPI challenges and institutional barriers are strongly accentuated at international levels of governance, but also that similarities with the national level suggest that closer interactions between the two fields of study are warranted. At both levels, the EPI “game” is full of inherent tensions and goal conflicts, institutional constraints abound, and cognitive interactions and learning processes appear as key mechanisms to advance EPI. Suggestions for how to enhance EPI in international regimes are still tentative, and analysis beyond international relations and regime theory is needed to capture potential institutional innovations for advancing EPI.     

片面共犯若干问题探析

片面共犯在现实生活中客观存在，是共同犯罪的一种特殊形式，也是司法实践无法回避的问题。由于片面共犯仅具有单方合意性，刑法学界对于其归属问题仍无定论。通过对比各家观点、世界趋势，从哲学、刑法理论各方面可证明片面共犯是成立的，属于共同犯罪。     

国际航空产品责任法律问题研究

在国际社会人本化趋向下,以产品缺陷为诉因的航空产品责任争议诉讼是保护消费者权益的重要途径,在平衡产品制造商、航空公司和消费者三者综合利益的基础上,我国未来航空产品责任立法应以保护人权和尊重人的生命价值为中心,侧重保护航空运输消费者的利益,进而促进航空产业的发展。     

Psychological Injury and Law: A Biopsychosocial and Forensic Perspective

The articles in the present special issue on the area of psychological injury and law broaden understanding of the area by considering topics outside the range of the seven major areas that mark the field. In the articles in this special issue, common themes include: (a) having comprehensive, recent literature reviews, (b) presentation of models related to psychological injury and law in which existing models are integrated, (c) integration of biopsychological and forensic perspectives, and (d) consideration of development or change processes, and examination of causality. (e) All the articles discuss possible improvements to the DSM-IV; for example, there should be a separate, sixth axis pertaining to causality.     

论国有企业与国家豁免原则

国家豁免是国际法中一个古老的问题 ,但随着国家政府经济职能的扩展及国家在涉外贸易中地位的不断增强 ,国家豁免原则被赋予新的内容 ,其理论与实践也显现出分歧与新的发展动向。联合国国际法委员会自 1978年开始着手起草《国家及其财产管辖豁免公约》 ,历经二十余年取得不少阶段性成果 ,但目前仍存在若干悬而未决的问题。其中 ,国有企业与国家豁免原则的关系一直是各国普遍关注与争议的焦点问题 ,也是我国代表最关心的问题之一。本文就与此相关的三大基本问题结合我国实际进行分析评述 ,以期对我国在该领域的理论探索与实践应对有所裨益