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1.
Despite renewed interests in the labeling perspective and the impact of official intervention on individuals’ future outcomes, scant attention has been given to potential conditioning factors for theorized labeling processes. We argue that, when viewed through a symbolic interactionist lens, variations in the nature of primary social groups, through which individuals filter official labels like arrest, may generate patterns for subsequent self-concept and delinquency that are contrary to what labeling theory indicates. To test our rationale, we offer a moderated mediation model in which gang membership is expected to differentially impact the effect of arrest on future delinquency through an intermediary mechanism: self-esteem. We test a gang–nongang dichotomy and then probe further to test whether hypothesized effects are gang specific or occur similarly for nongang youths with highly delinquent peer groups. Analyzed using Rochester Youth Development Study (RYDS) data (N = 961), comparisons between gang members and nonaffiliated youths with similarly highly delinquent peer groups revealed no significant differences in conditional indirect effects of arrest on self-esteem and future delinquency; the two groups were similarly insulated from any negative impact of arrest on self-esteem. For nongang youths with fewer delinquent peers, however, arrest significantly reduced later self-esteem, which in turn increased their future delinquency.  相似文献   

2.
《Justice Quarterly》2012,29(1):116-141
Despite the longevity of labeling theory, there remains a need for further empirical validation. We examine three ways that official intervention may lead to secondary (that which occurs following the fixation of a label) deviance: self-concept, pro-social expectations, and association with deviant peers. We examine a sample of labeled and non-labeled individuals, utilizing data from the Children at Risk study. Based on our analytical view of a three-year panel of 677 randomly selected juveniles, ordinary least squares regression shows that official intervention with the criminal justice system leads to an increased delinquent self-identity, decreased pro-social expectations, and an increased association with delinquent peers, which then lead to an increased likelihood of engaging in subsequent delinquency. While validating the theory, we suggest a revised model of labeling that better depicts the complicated association between formal labeling and subsequent delinquent behavior. We conclude with policy suggestions based on less formal interventions for offenders.  相似文献   

3.
This paper examines the legal consciousness of same-sex couples with respect to marriage. Data from an interview-based study of 71 members of same-sex couples reveal strong consensus on the desirability of having samesex relationships legally recognized, and considerable variation in couples'attempts to enact marriage culturally through various practices, including the use of marriage-related terminology and public commitment rituals. I argue that some of these efforts to enact marriage culturally should also be read as attempts to enact legality in the absence of official law. The findings from this study challenge the idea that marginalized social actors will tend toward a resistant legal consciousness: Rather than seeking to avoid and evade legality in their everyday lives, most same-sex couples seem to embrace legality for its practical and symbolic resources, even as they stand "against the law" in their opposition to the exclusion of same-sex couples from the institution of legal marriage. Approaching marriage from the perspective of same-sex couples, this research demonstrates that the legal and cultural aspects of marriage are deeply intertwined. Cultural enactments of marriage enact legality even in the absence of official law, and many actors ascribe to law a cultural power that transcends its specific benefits and protections, the power to produce social and cultural equality.  相似文献   

4.
《Justice Quarterly》2012,29(3):359-394

The labeling theory of deviance was extremely popular during the 1960s and 1970s. After a series of influential critiques, however, the validity of the theory had fallen into question by 1980 and was pronounced dead by 1985. In this paper we examine the application of the labeling perspective to one particular area, juvenile delinquency. We discuss the general theoretical origin of labeling theory in both conflict theory and symbolic interactionism, and use it to present two main labeling hypotheses: 1) that status attributes are influential in determining who is labeled (the “status characteristics hypothesis”) and 2) that labeling experiences are instrumental in producing problems of adjustment and in causing subsequent commitment to further deviance (the “secondary deviance hypothesis”). We note that what is often passed off as a critique of labeling theory itself is frequently a caricature of the theory. The major point of the paper is an elaboration of the full complexity of each labeling hypothesis, a suggestion for empirical research to test it, and a review of the extant literature. We suggest that labeling theory is not as invalid as its critics have claimed, and that what is needed is a restatement and revitalization of a labeling theory of delinquency.  相似文献   

5.
GARY F. JENSEN 《犯罪学》1980,18(1):121-129
This article is both a response to criticism of some of the aurhor's work on Abstract the relevance of labeling to adolescent self-conceptions and an attempt to reconcile divergent findings. Through a reanalysis of the data under question, it was found that both official labeling and self-reporred delinquency are related to delinquent self-images but that self-reported delinquency is more closely associated with such images than official labels. In an effort to reconcile divergent findings, there was some indication in the data that the impact of official labeling may vary depending on the extent of involvement in delinquency. The most pressing task regarding this issue is further study of the variable meaning of labels and sanctions in different sociocultural and group contexts.  相似文献   

6.
方乐 《法律科学》2007,25(5):17-31
转型司法中的中国法官,其司法行为不仅会受当下中国特定的社会--文化情境的影响,而且还更多地要受到一种"清官文化"的因素制约;也即在公共的法律生活中,其任何司法行为的做出,除了回应特定的社会--文化情境系统的要求之外,也更反映出了法官对自身名誉的特别爱惜以及对社会评价的特别注意,同时也是为了尽可能好地完成司法任务并尽可能少的给自己惹麻烦.正是在"清官文化"这一文化容器中,不仅社会--文化的情境性因素作用到了法官的身上,而且,也正是在这一文化的信仰网络里,达致了纠纷中的民众以及其他社会力量对于法官角色期待的均衡.  相似文献   

7.
当代中国法治进程中的文化阻滞力   总被引:1,自引:0,他引:1  
杨昌宇 《北方法学》2011,5(5):20-27
当代中国的法治进程正处于特殊的历史情境中,社会转型带来了前所未有的文明冲突和文化碰撞,不同的文化精神同时影响着这个寻求现代化的国家。以理性化、契约化为核心文化精神的现代法治,要在有着千百年宗法伦理文化积淀的中国社会扎下根来,需要克服来自传统之中内在的文化阻滞力,这种阻滞力通过个体的行为和社会结构表现出来,通过人们的日常生活潜移默化地渗透到政治、经济、法律等各种非日常的社会领域,阻碍了法治社会的形成。中国在寻求适合自己发展道路的过程中,越来越意识到自身文化问题的重要性。在法治发展的现阶段,要真正打破困境,必须从根本上逐渐限制和消除来自于中国社会内部的具有结构性特征的文化阻滞力,变不利为优势和特色,从而为法治建设的进一步深化创造条件。  相似文献   

8.
ROBERT AGNEW 《犯罪学》1984,22(3):421-440
This article examines the relationship between appearance and self-reported delinquency. Based on prior research, it is hypothesized that (1) unattractive individuals will be more delinquent, and (2) strain, labeling, and social control variables will mediate the relationship between appearance and delinquency Data from a national sample of adolescent boys support the first hypothesis. Only partial support is provided for the second hypothesis, with social control variables explaining from 9% to 31% of the association between appearance and delinquency. Theoretical and methodological reasons for the limited support of the second hypothesis are discussed.  相似文献   

9.
Dental forensic organizations world wide have recommended that dental prostheses should be labeled with at least the patient's (wearer's) name and preferably with further unique identifiers such as social security number. A range of methods are available and the purpose of this study was to determine, via the means of a visual questionnaire, which are the most preferable to those patients who wear complete dentures. One hundred edentulous patients attending the Manchester Dental Hospital were shown a range of denture labeling methods and asked to rank these according to their preference. The most preferred method was that of an embedded radio frequency identification microchip (38% rated this as first) and the second was an inclusion technique using onion paper (24% rated this as first). The least preferred method was the use of a groove cut into the denture flange with 71% of patients rating this as the poorest in terms of esthetics. The study demonstrates that the method of denture labeling is important to patients and to ensure that denture labeling is performed routinely esthetic preferences must be considered.  相似文献   

10.
Institutional reform and social changes in northeast China during the late Qing period are usually attributed to the Qing dynasty changing its policy on immigration to northeast China. However, institutional reform because of debt appeals between civilian creditors and the Mongolian princes is often overlooked. Using administrative cases from Fengtian Governor Archives and Kirin Prefecture Archives, this study identifies how the governor officers of northeast China changed Mongolian land rights and official finance institutions through appeal judgments in the late Qing dynasty. Appeals were related to Mongolian land rights reform and promoted the financial institutional reform in northeast China. This study concludes by arguing that the judgments affected the profits of the litigants and changed the local society.  相似文献   

11.
Scholars have recently revitalized labeling theory as a developmental theory of structural disadvantage. According to this approach, official intervention increases the probability of involvement in subsequent delinquency and deviance because intervention triggers exclusionary processes that have negative consequences for conventional opportunities. The theory predicts that official intervention in adolescence increases involvement in crime in early adulthood due to the negative effect of intervention on educational attainment and employment. Using panel data on urban males that span early adolescence through early adulthood, we find considerable support for this revised labeling approach. Official intervention in youth has a significant, positive effect on crime in early adulthood, and this effect is partly mediated by life chances such as educational achievement and employment.  相似文献   

12.
Violence in Western societies has received increased public and legal attention during the past few decades, while simultaneously, evidence of decreased violent behaviour has been identified. A specific type of violence that has undergone changes in visibility and increased legal intervention is domestic violence (DV). Have people become more sensitive to all kinds of violence? In this case, DV would not stand out as a crime demanding increasing police intervention. In this article, the public’s perceptions of the importance of intervening in DV as a police task are analysed. Comparisons with the assessed importance of other types of police tasks are made to evaluate the changes in a broader attitudinal context, and official police statistics are reflected against the trends identified from the survey data. In the results, DV stands out in the comparison of change in the importance of police tasks. The hypothesis of increased cultural sensitivity is not confirmed concerning all types of crimes – or even violent crimes. The results can be understood to support the theory about increased cultural sensitivity concerning an issue previously seen as a private matter rather than a criminal act and police matter – DV.  相似文献   

13.
In recent years a substantial literature has emerged on the alleged deprofessionalization and proletarianization of physicians. The contention is that corporatization is transforming the practice of medicine, divesting physicians of control over many features of their work, consistent with the needs of advanced capitalism. I examine the hypothesis skeptically, differentiating between the cultural role of medicine, the political and social legitimacy of medical concepts, and the personal autonomy of the individual physician. I suggest that while physicians are less autonomous than they used to be, the constraints imposed on them fall within a medical paradigm. From a cultural or social perspective, medicine is more central to the economy and more powerful than ever before. As its centrality and importance increase, there is more at stake, and interests compete more aggressively. I conclude that there is little evidence in support of the hypothesis.  相似文献   

14.
唐永春 《法学研究》2002,(2):148-160
苏联法学对中国法学产生过深刻的消极影响 ,其原因除了社会制度、意识形态、国际环境等直接因素外 ,还存在着更深层次的历史传统的因素 ,这就是两国传统政治文化的同质性———基于古代东方亚细亚生产方式而形成的东方专制主义传统———的遗存及其影响。马克思东方社会理论是理解这一同质性的钥匙。认识这种深层原因 ,对我国今后法学研究及法治建设的发展具有重要意义。  相似文献   

15.
The aim of this paper is to focus on the factors that can significantly contribute to the presence of criminal social identity within a sample of recidivistic prisoners (N?=?312) using structural equation modelling. Six latent variables were identified: criminal associations with close friends, positive self-esteem, negative self-esteem, cognitive centrality, in-group affect, and in-group ties. Results suggest that criminal social identity is characterized by various internal and external factors including the direct effects of associations with criminal friends, which is influenced by insufficient or absent parental supervision at an early stage of development. It was also found that early peer rejection is not a sufficient predictor of associations with criminal friends and the criminal social identity. This study also provides further support for Social Identity Theory with regards to the role of self-esteem in the development of criminal social identification.  相似文献   

16.
Elder abuse is an increasingly prevalent issue in South Korea. The current study examines the association between functional impairment and emotional abuse victimization in Korean adults 65 and older. We also examines the mediating roles of diverse aspects of family resources (i.e., older adult’s self-esteem, family cohesion, family assistance, contact with friends/neighbors, and participation in social activities) in the aforementioned association. We analyzed 9691 community-dwelling older Koreans from a population-based survey of the 2009 Survey of Elderly Care and Welfare Need. We conducted a path analysis to analyze the mediational hypothesis. About 11% of the study sample reported experiencing emotional abuse by a family member in the past year (n?=?1082). The results of the mediational analysis showed that greater ADL/IADL limitations were associated with (a) reduced self-esteem and (b) receiving more assistance from family, which were ultimately associated with increased risk of emotional abuse victimization. Elder abuse is a family crisis that may occur as a result of maladaptation to the heightened long-term care needs of older family members. Practitioners should take into account older adults’ vulnerability in terms of the loss of adaptive resources in the face of functional decline. This study further supports the importance of relieving the burden of family caregivers to avoid the incidence of emotional elder abuse.  相似文献   

17.
Abstract:  Forensic organizations worldwide have recommended that dental prostheses should be labeled with at least the patient's name and preferably with further unique identifiers such as social security number, etc. The practice of denture marking has been conducted over many years and several denture marking systems have been reported in the dental literature. However, very little is known about the resilience of such systems to conditions experienced in the majority of post- and perimortem assaults. The purpose of this investigation therefore, was to expose a selection of 10 denture labels to a series of hostile environments. Results of the study indicate that the majority of the denture labeling systems appear capable of withstanding a range of common, and not so common postmortem assaults. With regard to thermal insult, however, most performed badly with the exception of a label constructed from stainless steel orthodontic band. However, another label in the form of an electronic RFID-tag performed above expectations in the majority of experiments. Furthermore, its cosmetic appearance has proven most popular with many patients.  相似文献   

18.
Recent scholarship in social psychology suggests that individuals with an elevated sense of self-esteem may respond aggressively or violently when this heightened egoism is threatened. The present study explores differences in self-esteem, aggression, and violent behavior among a sample of 644 male state prison inmates. The results indicated that Black inmates expressed higher levels of self-esteem than White inmates. Although Blacks and Whites did not differ on a psychological measure of aggressive personality, Black prisoners reported more violent behavior than Whites. Moreover, high self-esteem predicted violent behavior inside prison, but only for Whites. This finding suggests that the relationship between high self-esteem and violence may be race-specific.  相似文献   

19.
China??s Internet development has experienced an explosive growth in the last two decades. As China became the largest Internet user in the world, cyber crimes presented a new challenge. In its efforts to combat cyber crimes, the Chinese government singled out online pornography and labeled it ??online narcotics.?? Using the reports of online pornography found in the People??s Daily, a leading national newspaper, this study examines the extent and nature of online pornography in China??s unique context and how the Chinese government has worked to counter such crimes. The analyses of the official reports indicate that the number of China??s porn users has reached millions and continues to grow. To combat such behavior, the Chinese government has adopted a number of countermeasures such as increased law-making, strengthened law enforcement, and the use of new technology. While these countermeasures parallel those of other nations, China??s regulation also presents a number of unique features, such as its broad and sweeping control of online pornographic and unhealthy material for both adults and juveniles, its campaign-style policing, and its emphasis on building consensus with little dissenting opinion. China??s overreaching and proactive approach indicates substantial differences in national standards, value systems, and legal practices between China and many other nations.  相似文献   

20.
Although social support has been found to attenuate psychological symptoms in victims of sexual abuse, literature does not identify the specific forms of social support that mitigate maladjustment following a sexual abuse experience. This study sought to distinguish the specific types of perceived social support that buffer the development of post-traumatic stress disorder (PTSD) in victims of childhood sexual abuse (CSA). One hundred and seventy-two adult females reporting CSA were administered the Interpersonal Support Evaluation List (ISEL) and the Impact of Events Scale (IES). The ISEL measures the perceived availability of 4 support types. The IES measures core PTSD symptoms of intrusion and avoidance. Regression analysis indicated that social support significantly buffered PTSD development. The best model was one which contained self-esteem and appraisal support. Tangible and belonging support added little to prediction. Further, self-esteem support was identified as the most important variable in preventing PTSD development.  相似文献   

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