浅析传染病病人和传染病疑似病人的人身自由权利

本文通过对传染病病人和传染病疑似病人人身自由权利内涵和外延的分析 ,论证了限制传染病病人和传染病疑似病人人身自由的法律依据.同时,本文从制定法的角度评述了传染病病人和传染病疑似病人的法律责任以及对侵害传染病病人和传染病疑似病人人身自由权利的法律救济方式.     

浅析传染病病人和传染病疑似病人的人身自由权利

本文通过对传染病病人和传染病疑似病人人身自由权利内涵和外延的分析 ,论证了限制传染病病人和传染病疑似病人人身自由的法律依据。同时 ,本文从制定法的角度评述了传染病病人和传染病疑似病人的法律责任以及对侵害传染病病人和传染病疑似病人人身自由权利的法律救济方式。     

Women murderers and victims of abuse in a southern state

We consider the hypothesis that abused women who kill their abusers are not socially different from other abused women. Comparing two groups of women from a Deep South state, one group incarcerated for killing their partners (n=21) and the other served by a shelter for battered women (n=273), we find mixed support for the conclusion that the two groups represent a homogeneous general population of abused women. The women incarcerated for killing their male partners appear to be more isolated from the social mainstream and in greater perceived danger than the women who used the shelter. An earlier version of this paper was presented at the 1990 Southern Sociological Society Annual Meetings. Invaluable comments on earlier versions of the paper were received from Judith Stitzel, Shirley Dowdy, Ann Paterson, Sally Maggard, Janet Curry, Jon Conte, Mary Jo Ullom, and Lorrie Hardy.     

A comparative model of the psychological effects on the victims of state and anti-state terrorism

This paper has examined and compared the psychological impact of both state and anti-state terrorism on the victim. In this regard, three dimensions to this issue were discussed: (a) the effects that are common to anti-state terror and state-terror; (b) the effects that are unique to anti-state terror; and (c) the psychological effects and sequelae specifically associated with state-terror. Given the paucity of empirical research together with the complexity of the subject matter, definitive statements are difficult to advance. Despite this, however, a number of tentative conclusions can be made. With respect to psychological reactions during the incident, many similarities seem to hold for victims of a hostage-taking, concentration camps, and torture. That is, the incident begins with a period of initial shock accompanied by extreme fear and anxiety. This is followed by a phase characterized by outward acceptance of the perpetrator's control while inside the victim is experiencing extreme fright. Gradually, a period of adaptation sets in, whereby the victim may resort to a number of coping strategies. Although similarities continue after the incident--the post-traumatic stress syndrome, for example--the intensity and duration of psychological sequelae appear to be much greater in victims of state-terror. Given the extreme brutality that invariably accompanies state-terror, this is not surprising. While the methods of anti-state terrorists may take a number of different forms, usually their resources and techniques are limited in comparison to state-terror. It is only more recently in the Middle East that anti-state terrorists more routinely are engaging in long-term detention and torture of victims. On the other hand, regimes that employ state-terror have a wide range of violent techniques at their disposal, most importantly concentration camps. It appears that prolonged physical and emotional violence combined with little hope of relief or escape is critical to understanding why victims of state terrorism are more likely to suffer more serious mental disorders than victims of anti-state terrorism.     

Penal harm medicine: state tort remedies for delaying and denying health care to prisoners

In prison and jail subcultures, custodial personnel are committed to the penal harm movement, which seeks to inflict pain on prisoners. Conversely, correctional medical personnel are sworn to the Hippocratic Oath and are committed to alleviating prisoners' suffering. The Hippocratic Oath is violated when correctional medical workers adopt penal harm mandates and inflict pain on prisoners. By analyzing lawsuits filed by prisoners under state tort law, this article shows how the penal harm movement co-opts some correctional medical employees into abandoning their treatment and healing mission, thus causing denial or delay of medical treatment to prisoners. This revised version was published online in July 2006 with corrections to the Cover Date.     

Social harm future(s): exploring the potential of the social harm approach

The notion of social harm has sporadically interested critical criminologists as an alternative to the concept of crime. In particular, it has been viewed as a means to widen the rather narrow approach to harm that criminology offers. More recently, the publication of Beyond Criminology: Taking Harm Seriously has renewed interest in the notion of social harm. The book asserted a number of very valid reasons for a social harm approach that provoked a number of interesting critical responses. The article seeks to respond to five recurring questions: Should the social harm perspective move beyond criminology? If so, where should the perspective locate itself? From this position, how will the perspective continue to engage within ‘law and order’ debates and address the concerns of those affected by crime? If the notion of crime is problematic, how will the perspective form an alternative definition of harm? Moreover, without a notion of crime and the accompanying concept of criminal intent, how would the perspective allocate responsibility for harm? The article is not offering definitive answers to these questions, but possible directions for the perspective’s future development.     

Males and females as victims of childhood sexual abuse: An examination of the gender effect

The data for this study were provided by a poll of 2627 adult Americans carried out by The Los Angeles Times in 1985. Five hundred and eighty five respondents (416 females and 169 males) reported having been victims of sexual abuse before they were 18 years of age. A portion of this subsample was used to systematically explore gender differences in the nature and context of abuse. Abusers where overwhelmingly male; however, differences were apparent among their victims. Males were more likely to report being victims of nonrelatives, with the abuse taking place outside of their home. Males were older than females at the time of first abuse and their abuser tended to be relatively close in age to them. Their abuse was more likely to be more severe than that of females but they were less likely to have reported it. Dichotomizing the sample into those abused by relatives and nonrelatives revealed that a number of differences in the profiles of male and female victims relate to the nature of their relationship to the abuser.     

Risk of harm: inmates who harm themselves while in prison psychiatric treatment

In this study, 242 randomly selected male offenders who were receiving psychiatric treatment in prison were administered psychological and neuropsychological evaluations and were followed during their treatment in a prison psychiatric hospital. Offenders who harmed themselves in treatment were compared to those who did not harm themselves. Eighteen percent of offenders harmed themselves, the severity of which required medical intervention. Young age, drug abuse, absence of Axis I mental disorder but presence of Axis II borderline personality disorder identified offenders who harmed themselves. Psychopathy checklist-revised (PCL-R) total rating > or = 30 and PCL-R Factor 2 (antisocial lifestyle) rating also identified offenders who harmed themselves. Additionally, offenders who harmed themselves also were 8.36 times more likely than their cohorts to harm treatment staff. Theoretical understanding of offenders who harm themselves, the importance of considering the environmental context in identifying risk factors for self-harm, and implications for treatment are suggested.     

Constitutional Irresolution: Law and the Framing of Civil Society

Abstract: Against the constitutional optimism that pervades our political rationality, I will argue the case for a disorganised civil society, genuinely plural, resistant to dominant representations that call it into line and thus undercut its radical potential. I will explore some of the more adventurous and persuasive such attempts to argue for an inclusive constitutionalism, one that supposedly reaches out to civil society and in order to do so relaxes the rigidity of its own terms, to harbour and host the diversity it aspires to represent. I will argue that these attempts at inclusion create constitutional irresolutions either forcing impossible demands on constitutionalism or dispelling the disorganisation it is meant to give expression to. I will then argue that in spite of the inability to capture them as constitutional moments, politics of ‘pure presence’ and real self‐determination are possible, and against constitutional mystifications, resistance might find its opportunity in praxis, understood in the language of praxis philosophy (more specifically the work of Antonio Negri).     

Offenders as victims: post-traumatic stress disorder and substance use disorder among male prisoners

Background: Comorbid substance use disorder(s) and post-traumatic stress disorder (SUD-PTSD) is common among prisoners and linked to an increased risk of criminal recidivism; however, little is known about the characteristics of prisoners with this comorbidity. Aim: This study provides a preliminary examination of the clinical and criminal profile of male inmates with symptoms of SUD-PTSD, and examines whether this profile differs according to whether a person has experienced a trauma while in prison. Methods: Thirty male inmates from two correctional centres in Sydney, Australia, were recruited and assessed using a structured interview. Results: The sample reported extensive criminal, substance use and trauma histories. A history of substance dependence was almost universal (90%) and 56.7% met diagnostic criteria for PTSD with the remainder experiencing sub-threshold symptoms. Forty-three per cent reported a traumatic event while in prison. Those who had experienced trauma in prison, compared to those who had not, were more likely to nominate heroin as their main drug of concern and to be receiving drug treatment in prison. There was also a trend toward inmates who had experienced a trauma in prison being more likely than inmates who had no prison trauma to have experienced a physical assault. Conclusion: Male prisoners with SUD-PTSD are a high-needs group yet treatment responses are poor. Further research examining treatment options for this comorbidity may improve prisoner well-being and reduce recidivism.     

经济法的部门法理学建构

法理学与部门法学在基础知识领域的互通交融印证了经济法法理学命题的正当性和合法性。部门法哲理化思潮的涌现与经济法的时代转型为开展经济法法理学研究奠定了坚实的理论基础和现实基础。建构经济法法理学体系,首先需要探寻经济法部门的存在基础。在具体的研究实践中,则需要以调整对象问题的探索为视点,着力从经济法的法律关系理论出发,以主体—行为—责任范式框架为基本路径,完成经济法的部门法理学建构。考察经济法之存在基础与经济法法理学命题之间的内在关联可以看出,未来的经济法法理学研究,正在由宏大叙事向微观论证转变,由追求体系独特性向探索哲理化之路靠拢。