Social stratification: Individual importance and social welfare

A method to estimate a household's social status in a stratified society is described. We do not leave it up to the respondents what is to be understood by status, as most methods do, but define it as the weight of the household with respect to social welfare. In order to operationalize this individual relative importance concept we measure and utilize the individual welfare evaluations. Our empirical results for a data set collected in the Boston area in 1983 show the dependency of social status and social stratification on individual characteristics. A comparison made with some other methods shows the feasibility of our approach.     

Social meanings of terrorism: Reification,violence, and social control

Conclusion Terrorism as a force in social and international relations appears to some as a relapse into barbarism, a peculiar and dismal aberration of civilized life, and a step backward in the conduct of war. Whether terrorism as a way of settling disputes is better or worse than what preceded it is a value question that cannot be adequately addressed here. Most changes or innovations in war tactics have been regarded as unfair, sneaky, or unsporting upon their introduction, but circumstances usually force their acceptance and the sophistication of violence escalates. When set against the tapestry of a thousand years of military history, terrorism can be seen as a tactic frequently employed by both governments and individuals. It is modern industrial society's increased vulnerability to this form of violence which makes it appear so horrendous, and subjects it to moral indignation [27].In a behavioral sense, official and individual terrorism achieve similar results, although governments usually have greater resources on hand. It is above all a reified conception of governments, nation-states, and the legitimacy of official terrorism that permits the social meaning process to function as it does, i.e. individual terrorism is condemned as morally repugnant, while official terror is accepted as severe but necessary. With this bifurcation in mind, the sociologist has a choice — banish the term,terrorism altogether since it amounts to little more than moralized name-calling, or save the concept since it does in fact make an important distinction between types of violence, and apply the term even-handedly to both governments and individuals.I wish to thank Deirdre Daly for her editorial assistance     

权利的社会本原——在社会冲突与社会合作的视野下

在权利产生、存在与发展的动态过程中,权利的实现能吸纳或者消解相当一部分社会冲突, 促成一系列社会合作,使社会秩序得以形成、维系并协调发展。社会冲突在伸张主体利益的同时,有利于提升权利意识;其在重划利益格局的同时,有利于创设新的权利规范。社会合作所具有的消除社会冲突、促进社会有序的功能为权利的实现提供了可能性,安全、和平、有序的社会状态有利于权利的实现。而且, 社会合作为权利的实现增加了有效性。在社会合作中,行为规则的确立和行为理性的运用使行为结果具有可预测性,从而降低了行为成本,增加了权利实现的顺畅性和有效性。     

简论社会控制与司法行政的社会作用

一、社会控制与司法行政社会是人类摆脱孤立走向联合、摆脱愚昧走向文明的必然选择,恩格斯指出:“由于随着完全形成的人的出现而产生了新的因素——社会。这种发展一方面获得了有力的推动力,另一方面又获得了更确定的方向。①”阶级和国家的出现,使人类社会迈入了更为高级和复杂的社会形态,从而造就了辉煌的文明成果,但与此同时,频繁发生的社会动荡、混乱乃至战争,却又常常对人类文明造成不同程度的破坏,延缓和阻碍社会的发展。“一切政体可以被内部的变故所毁弃,一般地也可以被外力所破坏。②”因此,进行社会控制,达至社会的秩序和稳定,是…     

Social junk,social dynamite and the rabble: Persons with AIDS in jail

The issues surrounding AIDS in corrections have forced administrators to develop policy which accurately reflects the realities of the AIDS crisis. Moreover, administrators must base their policy decisions on available research findings, much of which is generated by government agencies and research policy groups. Whereas this research does serve the proper function of guiding policy, it is somewhat removed from the theoretical implications that AIDS has to societal reaction and social class. This article introduces a theoretical framework comprised of Irwin’s (1985) concept of the rabble and Spitzer’s (1975) notes on social junk and social dynamite. In addition to discussing this framework as it relates to social metaphors and social control, the implications to correctional policy are also be presented. The author gratefully acknowledges Marie Mark for her assistance in preparing the final version of this article.     

The Denigration of Rights and the Persistence of Rights Talk: A Cultural Portrait

The following two themes emerge in an investigation of legal culture in the United States: (1) a denigration of rights and yet (2) a persistent notion that rights are important and should be salvaged. The discourse of rights continues to act as an important frame of reference throughout legal culture. The open-ended nature of rights discourse plus the powerful cultural resonance of rights encourage the use of rights talk to frame issues even when the framers are severely critical of the use of rights. Even if many people agree, however, there are reasons to assess this consensus negatively.     

Social and social scientific perspectives in judicial interpretations of the constitution

It has been traditional to demarcateMuller v. Oregon as the first Supreme Court case to benefit from a social science perspective andBrown v. Board of Education of Topeka as the first case to rely on social science evidence. This article explores the hypothesis that social perspectives have long been a part of the Court's decisionmaking when it has confronted difficult social issues. Two 19th-century race opinions,Dred Scott v. Sandford andPlessy v. Ferguson, are used to support this position. The authors suggest that the social perspectives contained in the other articles in this special issue reflect a long-standing association between social science information and law.We appreciate the suggestions made by Michael J. Saks on an earlier draft of this article.     

禁毒的综合治理要在落实和坚持上下功夫

毒品祸害是当今世界的重要社会问题。从广东省禁毒现状的调查可知,禁毒斗争虽然取得了很大成绩,但形势还是严峻的。因而要总结禁毒斗争的基本经验,探讨综合治理的对策,从根本上杜绝毒品的祸患。     

The judicial response to crime and the criminal: A utilitarian perspective

This paper examines the hypothesis that the sentencing decision of the criminal court is consistent with utilitarian principles and that the judiciary uses the length of incarceration as an instrument for the maximization of societal well-being. A theoretical model is developed, whose principal arguments are offender and offense attributes, resource costs, the availability of alternative sanctions, and the general crime rate. Four questions are considered: (i) How does a utilitarian court respond to a general increase in crime? (ii) How does the availability of alternative sanctions affect the length of incarceration ? (iii) How does a utilitarian court respond to offenders who are more likely to recidivate? (iv) How does the court respond to offenders who commit more serious offenses? The model is empirically evaluated, using cross-sectional data for the state of Georgia for individuals sentenced to prison in 1978 for a UCR index offense. The theoretical model provides few specific behavioral rules for the court to follow. Answers to the foregoing four questions are shown to depend upon both the efficacy of sanctions and the cost of the administration of those sanctions. It is not possible to predict, for example, how a utilitarian court should respond to a rise in crime or how it should respond to offenders who are likely to commit more serious offenses. The empirical analysis shows that, in fact, the sentence length varied inversely with the general offense rate, with the likelihood of imprisonment, and with the length of postprison probation. The evidence also indicates that sentences vary with the individual's original record but not with the offender's age or race. With the exception of possible gender bias, the court's sentencing behavior was consistent with utilitarian principles.     

什么是法学家的社会责任?

本文从法学家的社会责任着手,集中阐述了法学家社会责任的意义,作者认为,法学家作为以从事法学研究为职业的知识分子,应当尽可能为国家、社会的发展提供所需要的法学智力成果,从而为推进中国法治建设作出贡献.由于法学家是通过自己的学术研究成果来实现这些社会责任的,为此,法学家应当努力推出创造性的学术成果,也应当提倡勤奋治学、辛勤耕耘的科研精神.     

美国对社会思潮冲击的应对模式及其启示

美国流派纷呈的社会思潮对其思想政治教育有着复杂的影响。美国在应对社会思潮冲击的过程中,形成了包括美国资本主义制度及其优越性的教育、责任公民的教育和美利坚民族精神教育等在内的较为完备的思想政治教育体系。美国还通过采用显性教育与隐性教育相结合的方式,走学校教育与社会教育相结合的路径,实现了数量众多的外来移民的"美国化"。美国的这些做法对我国具有重要启示。我们要坚持用社会主义核心价值体系引领社会思潮;加强应对社会思潮时的"无意识教育";增强应对社会思潮时的"教育合力"。     

Uses of Macro Social Theory: A Social Housing Case Study

This article reflects on the use of macro social theoretical perspectives to explain micro social issues, using social housing allocations as a case study. In contrast to a number of social theoretical examinations of social housing allocation schemes in recent years, spanning socio‐legal studies, we argue that ‘cookie‐cutter’ theories may overlook other positions and counter‐factual scenarios. We draw on a sample of local authority allocation schemes to reflect on the growing category of households (commonly termed ‘unhouseables’ by housing officers) which are excluded from appearing on such schemes because of their former housing deviance or some other disqualification. We offer a set of reflections grounded in our data, which focus on sustainability. Thus, rather than point to particular rationalities or the like, we offer particular housing issues as explanatory factors – including the declining stock and financial ‘competitiveness’ of social housing management – as well as a rise in punitiveness.