Europe’s new deal: a new version of an expiring deal

The article elaborates upon the reasons of institutional default (Part 1) and, in turn, upon the implications of economic default in Europe (Part 2). In relation to the reasons of institutional default, the paper cast light on three broadly interrelating elements: First, the conceptual issue that the EU has been operating as a community without democracy, which was clearly illustrated in the case of the economic crisis (Sect. 2.1). Second, the structural issue that EU democracy, where applicable, was deprived of politics, in the sense that founding ideology has been completely superseded by the inflexible dominance of free market (Sect. 2.2). And, third, the technical issue that EU politics, where applicable, especially after the Euro-zone launching, lacked principles that could keep the community intact (Sect. 2.3). In relation to the implications of economic default, the paper reveals three salient features. First, the political impact, namely that Europe seems to be puzzled by a sharp division between stability/cohesion and growth/monetarism, which mutates the essential mainstays of a Community (Sect. 3.1). Second, the social impact, i.e. increase of discrepancies within the EU, mostly as a result of diminution of labour rights and the correlating destruction of cohesion (Sect. 3.2). And, third, the psychological impact, which revolves around two antithetical poles, namely stereotyping and nationalism (Sect. 3.3). The epilogue reflects the view that the current depression is both a disaster and an opportunity for Europe, therefore the old messianic deal of the European integration needs an afresh look within the frame of democratic legitimacy and accountability and with an essential preservation of social state.     

Religion, law and development: Islam and Christianity—Why is it in Occident and not in the Orient that man invented the institutions of freedom?

This article answers the following question: why were institutions of freedom not invented in the Orient but in occident? It upholds that Christianity predisposed the West to discover institutions of freedom when Islam didn’t. In the first section it explains the decline and economic rise of the Orient and Occident as derived from Kant’s hypothesis (2.1) and geographical conditions (2.2). It explains in the second section the invention of institutions of freedom in Europe by two moral innovations: the secularising of law and the invention of the individual (3). The secularising of law was the result of Christian property theology which recognised man’s place in God’s creation (3.1). Secularising of politics and the Christians’ desire for autonomy vis-à-vis political authorities originated in individual rights being conceived as normal and incited man to insist upon respect from public authorities. The advent of individual rights was at the origin of the implementation of a secular constitutional right applying to all men, even the sovereign (3.2). The third section explains why political and social Islam did not predispose Muslims to discover the institutions of freedom, capitalism. Islamic law distanced the Orient from capitalism as it developed a religion of community salvation hostile to individualism and its rights (4.1); it never disassociated the rule of God from the rule of law (4.2) and it did not consider individual rights sacred or private property (4.3). The article concludes with the way in which economic theory could conceive of the religion variable in economic growth and development (5).     

Aid, governance and corruption control: a critical assessment

If the OECD??s Development Co-operation Report for 2009 is correct in its claim that ??The international aid effort now adds up to less than the sum of its parts??, then continued rapid growth in aid transfers is likely to contribute to further aid absorption problems, as well as institutional atrophy and deteriorating governance and corruption control among aid recipients. This article considers aid for good governance and anti-corruption, using Tanzania as an example. ??The supply side of aid?? sketches the bigger picture in which such aid is located, stressing collective action problems facing the aid industry in the current period of growth and diversification. ??The consequences of aid proliferation on corruption control in an aid-dependent state?? provides some empirics from Tanzania. ??Conclusions: whither ??corruption control????? draws some conclusions for the future of aid for governance and corruption control. A key message is that donor-driven governance and corruption control initiatives have failed to address the governance weaknesses that excessive and uncoordinated aid has helped to create.     

The Direction of Deception: Neuro-Linguistic Programming as a Lie Detection Tool

There is a myth in popular psychology, often echoed in police literature, but as yet untested, that specific eye movements pertain to lying and truth telling. According to this line of thought, eye movements to the sender??s right indicate lying, as the sender??s eyes are drawn to the side of his/her brain where their fabrication is being created. We have put this hypothesis, derived from ??Neuro-Linguistic Programming?? to the test in two experiments. In Experiment 1, a total of 204 participants (all air passengers) were interviewed at an international airport about their forthcoming trip. All participants answered one question truthfully and one question deceptively. Some participants answered a third question truthfully, whereas others answered the same question deceptively. No conclusive evidence was found for a relationship between specific eye movements and deception. In Experiment 2, a total of 31 participants discussed their real occupation in one interview and a pretend occupation in another interview. Only three of the 31 participants revealed the eye movement pattern predicted by NLP. Reasons for the existence of the myth that liars display specific eye movements are discussed.     

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).     

Identity-Lineup Location Influences Target Selection: Evidence from Eye Movements

Eyewitnesses often have to recognize the perpetrators of an observed crime from identity lineups. In the construction of these lineups, a decision must be made concerning where a suspect should be placed, but whether location in a lineup affects the identification of a perpetrator has received little attention. This study explored this problem with a face-matching task, in which observers decided if pairs of faces depict the same person or two different people (Experiment 1), and with a lineup task in which the presence of a target had to be detected in an identity parade of five faces (Experiment 2). In addition, this study also explored if high accuracy is related to a perceptual pop-out effect, whereby the target is detected rapidly among the lineup. In both experiments, observers?? eye movements revealed that location determines the order in which people were viewed, whereby faces on the left side were consistently viewed first. This location effect was reflected also in observers?? responses, so that a foil face on the left side of a lineup display was more likely to be misidentified as the target. However, identification accuracy was not related to a pop-out effect. The implications of these findings are discussed.     

Kairós and Clinamen: Revolutionary Politics and the Common Good

This article sets out to offer a new reconceptualisation of the common good as the mechanism providing the temporal coordinates for revolutionary politics. The first section investigates the pairing of commonality and goodness, revealing its nature as a synthesis of apparently irreconcilable opposites. The second section examines how this irreconcilability is overcome, advancing the argument that to heal the divide, a double movement of definition and concealment is necessary, whereby the process of definition of what constitutes the common good is accompanied by an expropriation, or hollowing out, of meaning. The third section offers a proposal for overcoming this epistemological impasse about the nature of the common good, by contrasting chronos and kairós, chronological time and what in English can be translated as ‘opportune time’, and offering kairós as the chance to create, within the fissures of the totalitarianism of chronological time, the timescape for revolutionary politics. This proposal is carried on in the second part of this article, starting with ‘ Chronos and Kairós ’ section, where the concept of kairós is expanded upon and coupled with the Epicurean and Lucretian idea of the clinamen, the swerve of the atoms that introduces the element of chance against Democritean determinism. With the support of Antonio Negri’s reading of kairós and clinamen, the article argues in ‘Alma Venus: Love, Desire and Revolution’ section that these two concepts provide the spatial and temporal coordinates for revolutionary politics, in tension and critical engagement with Ackerman’s idea of constitutional moments, to conclude in ‘Conclusions: Kairós and Revolutionary Politics’ section, that the common good is to be defined as that which takes place and is identified/identifiable within these coordinates.     

Evaluation technology transfer: Some problems and solutions

Evaluation of technology transfer is an important part of the total transfer process. Sound results require a practical approach, which avoids use of the research model. The evaluation process is often expensive and time consuming. However, good evaluation will improve:motivation,knowledge,decisions, andaccountability. Evaluation must be based on use of reliable data. Technology transfer evaluation data can be classified — based on accuracy — aslow,medium, orhigh order — data. Evaluation problems can be designated — according to origin — as being related tonew information,human elements, orinstitutional structure. In each area, the more common evaluation problems can be solved with careful attention to detail. Technology transfer evaluation can be a complicated, but rewarding process. There is nosingle, correct way for Technology Transfer evaluation, but rather there is a wide variety of techniques which all have merit, depending on local circumstances.     

Tensions for Green Criminology

This article examines tensions that for the most part exist outside green criminology that could—and should—be brought under the green criminological gaze—issues that are not necessarily the province of green criminology but which have implications for the study of environmental crime and harm. Examples include: the conflicting messages that Western society encounters with respect to “victims” and “survivors”; claims of a lack of future orientation (Hayward 2012) in contrast to assertions of a risk-aversion in late modernity (Giddens 1999); frictions between the “precautionary principle” (Magnus 2008) and “precautionary logic” (Aas 2013); and the peculiarities of the “war on youth” (Grossberg 2001) in an era of “overparenting” (Kamenetz 2015) and “overindulged youth” (Kolbert 2012). The goal of the article is less to promulgate an agenda for green criminology than to heighten awareness of issues and contradictions that may contribute to environmental despoliation and degradation or frustrate efforts to address such harm.     

Early Intervention with Compensated Lower Back-Injured Workers at Risk for Work Disability: Fixed versus Flexible Approach

Low back pain (LBP), a leading cause of disability, has been linked with profound economic, personal, and social costs (Hills 2006; World Health Organization 2003). This significant effect propels research in identifying modifiable risk factors that protract LBP; these factors can be targeted in early intervention (EI) (Pransky, Journal of Occupational & Environmental Medicine, 49(3):249–251, 2007; Schultz et al., Journal of Occupational Rehabilitation, 17:327–352, 2007, Journal of Occupational Rehabilitation, 18(2), 140–151, 2008; White et al. 2013). This randomized controlled study evaluated the effectiveness of two approaches, fixed versus flexible, in delivering proactive, interdisciplinary EI with 63 workers within a workers' compensation interdisciplinary case management setting (i.e., WorkSafeBC, Canada). Off-work 4 to 10 weeks post-back injury, the workers were also at risk of protracted work disability (N?=?24 at high risk; N?=?39 at moderate risk). Fixed, protocol-driven, interdisciplinary, multimodal, clinical, occupational, and case management-based EI was compared with a flexible, individual need-driven EI with the same modalities as the fixed approach. Results showed a significant narrowing of the outcome gap between the two interventions. High-risk injured workers tended to benefit more from a fixed, protocol-driven approach, as shown in the pilot study (Schultz et al. Journal of Occupational Rehabilitation, 18(2), 140–151, 2008). The results indicated that moderate-risk workers benefitted from a more flexible, need-based, individual, and low-intensity approach as compared with a fixed approach. The flexible approach for moderate-risk workers was also less costly and consumed fewer rehabilitation and health care resources. Recommendations for future research and practice included larger sample sizes, controllability of research interventions, risk for disability-EI matching, and conditions under which a flexible delivery of multimodal EI is more efficacious than a fixed approach, and vice versa.     

A Sensitivity Analysis of Egocentric Measures of Peer Delinquency to Latent Homophily: A Research Note

Objectives

Egocentric measures of peer delinquency, obtained through a census of a social network, have become the preferred operationalization for examining the relationships between social influence and delinquency. Studies regressing ego’s delinquency on the delinquency of nominated friend/s (i.e. alter/s) conclude that a statistically significant coefficient provides evidence of social influence. However, the inferences drawn from these studies may be biased by the introduction of artificial statistical dependence as a consequence of using social network data in a regression framework. Recent work (Shalizi and Thomas Sociol Methods Res 40:211–239, 2011) shows that latent homophily, or unmeasured confounding of observables, may lead to nonzero estimates of social influence, even if there is no causal significance. To examine this possibility, sensitivity analyses have been created (e.g. VanderWeele and Arah Epidemiology 22:42–52, 2011; VanderWeele Sociol Methods Res 40:240–255, 2011) to determine the robustness of an estimated coefficient to latent homophily.

Methods

In this research note, I examine the robustness of estimates for social influence from two articles (Haynie Am J Sociol 106:1013–1057, 2001; Meldrum et al. J Res Crime Delinq 46:353–376, 2009) using egocentric measures of peer delinquency.

Results

Findings indicate that for large, precise point estimates, highly improbable conditions are needed to explain away the effects of social influence. However, less precise point estimates (i.e. large standard errors) are more sensitive to latent homophily.

Conclusions

The analyses indicate that studies using egocentric measures should conduct sensitivity tests, particularly when the estimated effect is weak and/or has a relatively large standard error. Scripts written in the free programming language R (R Core Team R: a language and environment for statistical computing. R Foundation for Statistical Computing, Vienna, 2012) are provided for researchers to conduct such analyses.     

Reentry Within the Carceral: Foucault, Race and Prisoner Reentry

Early research on prisoner reentry was largely practical and applied, oriented to policymakers responding to the myriad challenges presented by having millions of people leaving prisons and jails each year. More recently, scholars have drawn on critical theoretical frameworks to reformulate the problem as bound up with large-scale shifts in the nature of social control (Wacquant in Dialect Anthropol 34(4):605–620, 2010a), deep racial divisions (Nixon et al. in Race/Ethnicity: Multidiscip Glob Contexts 2(1):21–43, 2008), and transformations of the United States political economy (Hallett in Crit Criminol. doi:10.1007/s10612-011-9138-8, 2011). This paper continues the work of theoretical elaboration through two avenues: (1) examining the contribution that Michel Foucault’s Discipline and Punish can make to the conceptual development of reentry scholarship, and (2) reworking Foucauldian concepts and themes important to the study of reentry to account for their racialized characteristics.     

Ambiguous Measures of Unknown Constructs: The MMPI-2 Fake Bad Scale (aka Symptom Validity Scale, FBS, FBS-r)

The Fake Bad Scale (FBS; Symptom Validity Scale) has fundamental psychometric flaws, interpretive problems, and potentially adverse societal consequences that are not appreciated by Ben-Porath et al. (Psychological Injury and Law 2(1), 62–85, 2009a, b). The FBS was constructed without due consideration to scientifically based guidelines for scale development (Clark and Watson, Psychological Assessment 7, 309–319, 1995; Jackson, Psychological Review 78, 229–248, 1971; Nunnally 1978; Holden and Troister, Canadian Psychology 50, 120–130, 2009). After almost two decades in existence, its face, content, and construct validity have not been established in the empirical literature. Oft-cited discriminant studies that appear to support the FBS are premature because of the scale’s unestablished psychometric foundation. In addition, these studies have significant methodological weaknesses that preclude definitive conclusions about what the scale actually measures. We review these weaknesses and recent legal cases that challenge the scale. We recommend that the FBS’s validity and fairness be addressed in an independent scientific review by the Buros Mental Measurement Test Evaluation System, a non-profit center specializing in the evaluation of commercially available tests.     

Guardianship for crime prevention: a critical review of the literature

Cohen and Felson??s (Cohen and Felson American Sociological Review 44(4):588?C608, 1979) routine activity theory posits that for a crime to occur three necessary elements must converge in time and space: motivated offenders, suitable targets, and the absence of capable guardianship. Capable guardians can serve as a key actor in the crime event model; one who can disrupt, either directly or indirectly, the interaction between a motivated offender and a suitable target. This article critically reviews the literature on guardianship for crime prevention. Our specific focus is two-fold: (1) to review the way guardianship has been operationalized and measured, and (2) to review experimental and quasi-experimental evaluations and field tests of guardianship. Research on routine activities has had an uneven focus resulting in the neglect of the guardianship component (Reynald Crime Prevention and Community Safety 11(1):1?C20, 2009; Sampson et al. Security Journal 23(1):37?C51, 2010; Tewksbury and Mustaine Criminal Justice and Behavior 30(3):302?C327, 2003; Wilcox et al. Criminology 45(4):771?C803 2007). Evaluations of guardianship-related interventions demonstrate support for the theoretical construct; however, high-quality field tests of guardianship are wholly lacking. Implications for theory and research are discussed.     

Erratum to: Trends in Psychological/Psychiatric Injury and Law: Continuing Education, Practice Comments, Recommendations

This literature review of the major topics in the field of psychological/psychiatric injury and law is aimed at developing practice in the area. The field is a fast-developing one, with over ten major topics that it needs to integrate. In particular, the present review focuses on current work on: law (evidence, tort); forensic psychology; assessment and testing; psychological injuries (posttraumatic stress disorder, chronic pain, traumatic brain injury, other); the APA DSM-5 draft (Diagnostic and statistical manual of mental disorders; American Psychiatric Association 2010); malingering; causality; multicultural considerations; disability; the American Medical Association (AMA) Guides to the evaluation of permanent impairment (Rondinelli et al. 2008); models; and treatment. At the end of each section of the article, practice comments introduce critical issues in applying the research to psychological work in the area. Whether undertaking tort evaluations, disability, and treatment plan assessments or treating individuals with psychological injuries, the professional needs state-of-the-art information in all the areas listed in order to remain scientifically informed, comprehensive, and impartial. The article concludes with recommendations for an integrated field in psychological/psychiatric injury and law, study in the field, research in its major areas, best practice policies, for example in assessment and treatment, and model building.     

Grasping Snakes and Touching Elephants: A Rejoinder to Garfield and Siderits

Some time ago I advanced on the pages of this journal a critique of the interpretation given by Jay L. Garfield and Mark Siderits (hereafter GS) of Nāgārjuna’s doctrine of the two truths (Ferraro, J Indian Philos 41(2):195–219, 2013.1); to my article the two authors responded with a ‘defense of the semantic interpretation’ of the Madhyamaka doctrine of emptiness (GS, J Indian Philos 41(6):655–664, 2013). Their reply, however, could not consider my personal understanding of Nāgārjuna’s notions of ?ūnyatā and dve satye. My interpretation of these notions was in fact absent in the paper GS responded, and was only related in a second paper of mine (Ferraro, J Indian Philos 41(5):563–590, 2013.2), still unpublished at the time of GS’s drafting of their ‘defense’. Therefore, in the present rejoinder, I found it appropriate, rather than responding point by point to the passages of GS’s reply, to advance a comparison between the semantic interpretation and my ‘realist antimetaphysical’ understanding of Nāgārjuna’s thought.     

Luhmann: Law,Justice, and Time

Time is central to Luhmann’s writings on social systems. Social systems, as systems of meaning, operate within three dimensions: factual, social and temporal. Each of these dimensions entails selections of actualities from potentialities (or contingencies) within horizons. Whilst the factual dimension involves selections based on distinguishing ‘this’ from ‘something else’, and the social distinguishes between alter and ego (asking with respect to any meaning whether another experiences it as I do), the temporal dimension operates with the primary distinction of before and after. In the temporal dimension, everything is ‘ordered only according to the when and not to the who/what/where/how of experience and action’ (Luhmann in Social systems. Stanford University Press, Stanford, 1995, p. 78). In this paper, we explore the connection between the temporal dimension of meaning within the legal system and its connection to justice. We begin by setting out succinctly the role played by justice within the legal system, as presented by Luhmann, particularly in his book Law as a social system (2004). From this beginning, we move on to consider the relationship between law, justice and time, taking two examples. The first is the temporality of judicial decisions. The second concerns the relationship between the temporal meaning of law’s own operations, and the presumption of innocence.     

Race and Gang Affiliation: An Examination of Multiple Marginality

Criminological research has historically drawn a connection between race/ethnicity and gang membership. The focus on specific racial/ethnic groups and particular gangs in distinct geographical locations within ethnographic research, along with the lack of a comprehensive explanation, however, has limited this research. Thus, the true nature of the relationship between race/ethnicity and gang membership remains unclear. This research expands the contemporary literature regarding race/ethnicity and gang membership by utilizing multisite survey data to examine Vigil’s (1988 Vigil, J. D. 1988. Barrio gangs: Street life and identity in southern California, Austin, TX: University of Texas Press.  [Google Scholar], 2002 Vigil, J. D. 2002. A rainbow of gangs: Street cultures in the mega‐city, Austin, TX: University of Texas Press.  [Google Scholar]) multiple marginality framework of gang involvement for Whites, African Americans, and Hispanics. Results suggest that multiple marginality is a viable explanation for current gang membership. When examining the applicability of this theory for members of various racial/ethnic groups, important differences appear when examining current versus ever gang membership. For current gang membership, significant differences between racial/ethnic groups exist, with ecological/economic stress variables being significant for Whites and social control/street socialization elements representing the important predictors for African Americans and Hispanics. This pattern changes when examining those reporting ever being in a gang. For “ever” gang membership, social control/street socialization elements predict membership for all groups. Policy implications of these results are discussed.     

The Admissibility of the R-PAS in Court

The admissibility of the Rorschach has been a concern of forensic psychologists for many years. The focus of this debate has been the Comprehensive System, which is the most researched of the current Rorschach Systems available in the USA. However, recently, a new, competing system has been published: the Rorschach Performance Assessment System (R-PAS; Meyer et al., Rorschach Performance Assessment System: Administration, Coding, Interpretation, and Technical Manual, 2011). Using Heilbrun’s (Law and Human Behavior 16:257–272, 1992) guidelines as a framework, we examine the admissibility of this new system according to the standards outlined in Daubert (1993) and Frye (1923). We conclude that we have reservations about the admissibility of the R-PAS in court at the present time, notwithstanding ongoing work on this system.