Political Practices of Care: Needs and Rights*

Abstract. In this paper the authors argue that the exploration of the nature of needs and rights should begin with the actually existing organization of care and of justice in society. The authors raise two key concerns with this organization: 1) the invisibility of care to some, and 2) the inaccessibility of rights to others. Recent work by care scholars has called attention to the ways the current organization of care work perpetuates the myth of self‐sufficiency for some, while reducing others to mere dependents. Law and Society scholars have demonstrated the problems of uneven access to legal remedies within the current organization of the legal system. Addressing these concerns simultaneously reveals both the problems of the current organization of needs and rights as well as illuminating alternative possibilities. The authors argue, first, that a justice perspective, based on rights is inadequate because its presumed universality is belied by the reality of the inaccessibility of rights to many. Second, the authors argue that a care perspective, currently formulated upon the assumption that only some people have needs, is also flawed because its presumed particularity distorts the human experience and subsequent policies. Instead, the authors need to conceive of care in a public way that permits both rights and needs to be understood as applicable to all. The authors propose some initial thoughts about how to create such a public concept of care.     

刑事政策视野中的司法理念

刑事政策具有追求效率的本性,刑事政策视野中的司法理念应当是有效率的正义。以社会为本位的刑事司法理念重视解决犯罪问题的社会效果,体现了刑事政策的价值目标。刑事司法要关注刑事政策的需要,刑事政策才能借助法律手段来完成自己的使命。     

Linking informal social control and restorative justice: moving social disorganization theory beyond community policing

Much of what is at the heart of social disorganization theory’s approach to neighborhood crime prevention has been ignored in favor of policies that are more closely associated with deterrence and rational choice theories. Specifically, ideas of informal social control and collective efficacy have often been translated into policies of community surveillance and the reporting of suspicious behaviors to the police. While these policies may make neighborhoods less attractive to offenders because they create higher certainty levels of recognition, and subsequently arrest, social disorganization theory, at its heart, suggests crime prevention policies of a very different nature: policies that are more closely associated with restorative justice, re‐integrative shaming and peacemaking criminology. These associations are highlighted and provide a conceptual model for a community crime prevention program that is more consistent with the underlying nature of social disorganization theory.     

Procreation,family and ‘progress’: Administrative and economic aspects of Ottoman population policies in the 19th century

The making of the modern Ottoman state in the 19th century was closely interrelated with population issues and policies. ‘Population’ became an important component of Ottoman history throughout the 19th and early 20th centuries. As the state identified the ‘population’ as a source of income after the Tanzimat, it tried to protect and procreate it through certain institutional arrangements and regulations. These policies consisted of protecting the existing population, controlling population movements, promoting procreation, and giving subsidies and lending money at interest to peasant families. The procreation policies included enforcement of marriages and encouragement of reproduction within marriages while they discouraged traditional birth control methods and practices. As in any other context, Ottoman families resisted the policies of procreation and pressures coming from the central government. This paper will examine the state's policies toward families and individuals as well as the responses of the people to these policies. I will attempt to construct a model based on the protection and the procreation policies of the modern Ottoman state, which will be an important springboard toward building a basis for conducting comparative analysis with other European states. By doing this, I will try to challenge some of the established assumptions on the nature of the ‘modern state’ in the 19th century.     

People with special needs and sexual behaviour problems: balancing community and client interests while ensuring effective risk management

Abstract

Deinstitutionalisation movements of the mid-1900s led to changes in policy and practice in the management of people with special needs (defined for this article as people with severe and persistent mental illness, intellectual disabilities and high levels of personality factors that interfere with treatment participation). Although the majority of clients with special needs receive care in community settings and interact more with family, friends and others in the community, some such clients require more rigorous case management. For clients who have offended, especially sexually, community-based services are scarce, and concerns regarding reoffence potential often supersede traditional understandings of diminished capacity. Recent reports suggest that jails and prisons have replaced hospitals as the institutions-of-choice for clients with special needs who engage in inappropriate conduct. This paper examines policies and practices regarding community risk management of people with special needs who have sexually offended. Vignettes are provided to illustrate how some clients and agencies have been affected, and suggestions are made to ensure best practices in risk management and public safety.     

行政公开的权利保障功能

行政公开 ,是指行政机关以民主、开放的精神从事行政管理 ,依法保障公民知政权、参政权和督政权的活动原则与方式。行政公开的理论与实践在我国已开始受到重视 ,但对于行政公开的理解和运用则存在简单化和片面性。因此 ,本文力求从行政公开的本质层面上弄清行政公开的性质、范围、内容和功能 ,以期有助于我国行政公开理论与实践的发展。为此 ,作者认为 ,行政公开从功能上看主要应该包括知政权、参政权和督政权的保障。     

Labor Policy and the Social Meaning of Parenthood

The article explores an aspect of the debate over the place of women in the paid labor force. Focusing on disputes over "protective" labor policies, "fetal protection" policies in particular, the essay discusses the implications of such policies for the social meaning of parenthood. Using data from inter-views with 49 mothers and 37 fathers of children in neonatal intensive care units, the essay presents evidence suggesting that traditional social values in-herent in female-exclusive labor policies are inadequate when one is dealing with the practical needs of parents. A policy that views women as nurturing and men as economically active resides in assumptions that women have the sole biological connection to children and overly determines a narrow conception of parenthood. The parents in this sample demonstrate the ongoing and complex negotiations involved in parenting, negotiations that labor policies have often ignored.     

Juvenile justice reform and the courtroom workgroup: Issues of perception and workload

Criminal justice policies may be enacted, but the actual implementation of those policies depends upon those working on the frontline. Policies that affect how cases are processed in the courtroom can be thwarted by the efforts of courtroom workgroup members. The present study analyzed how courtroom workgroups adjusted to a new juvenile justice policy. Qualitative interviews demonstrated that while there was widespread agreement on the basic tenets of the reform, perceptions of the reform varied by confidence in workgroup membership. Further, the reform inherently increased the workload for some and decreased the workload for others. Those whose workload increased discussed subverting the reform effort in order to continue with business as usual. These findings demonstrated that effective policies must consider the needs of workgroups as adaptation of policies in actual practice depend upon workgroup members' support.     

Women in Prison in Spain: The Implementation of Bangkok Rules to the Spanish Prison Legislation

This paper aims to take a close look at the reality of female crime in Spain. On the one hand, we will focus on describing the current situation of women incarcerated in Spanish prisons, an especially vulnerable group given their peculiarities and needs. Through secondary sources, we describe the situation of discrimination against women in these prisons. On the other hand, the paper establishes whether the current Spanish prison legislation echoes all or some of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures of Freedom for Women Offenders (Bangkok Rules, 2010). To this end, a detailed analysis of both standards, national and international, is essential. As a general conclusion, although Spain has high standard prison regulations and modern facilities, female prisoners in Spanish prison are subject to discrimination. It is from such a perspective that this article proposes that the necessary changes and appropriate penitentiary policies to meet the specific needs of female prisoners are established.     

Education,Languages and Linguistic Minorities in the EU: Challenges and Perspectives

Although, with the coming into force of the Lisbon Treaty, two provisions of EU primary law now refer to ‘minorities,’ there are no explicit EU competences and policies to promote the rights of minority groups in education. Nevertheless, EU law has a strong potential to impact the educational rights of linguistic minorities in Member States. To evaluate the right to access education, with an emphasis on the needs of minorities to preserve their identity, this paper first discusses the EU's relevant competences in education (Part II) and then in languages (Part III). Based on the analysis of relevant EU provisions, the paper concludes that EU law is unlikely to offer meaningful protection to linguistic minorities without explicitly endorsing their educational rights. However, to do so, the EU needs a stronger competence in education and minority rights.     

Cybercrime: Towards an Assessment of its Nature and Impact

This paper discusses some approaches for a comprehensive analysis of cybercrime for both a better understanding of the phenomenon and policies to control it. We first discuss the nature of cybercrime, and review some of the related research issues. In view of its newness, we develop taxonomies for a more systematic classification of the different types of cybercrimes. Next, we explore some of the main empirical questions that need to be studied regarding cybercrime and describe some modeling approaches as well as the data requirements for a better understanding.     

The emergence of self-managing schools in South Africa: Devolution of authority or disguised centralism?

This paper considers the devolution of authority to public school governing bodies (SGBs) in the context of self-managing schools. It examines the nature of the powers, functions and duties assigned to them in legislation and asks whether the manner in which South African legislation provides for the devolution of authority and power represents authentic devolution of power, or whether it can be characterised as centralisation in disguise. The question is answered by examining, against the backdrop of general and education-specific legal provisions, two examples of functions of SGBs, namely those to determine language and admission policies.     

刑事司法的实体法渊源--罪刑法定原则的刑法解释学分析

将刑事司法的实体法渊源限定为刑法典与刑事司法过程的实际性质严重不符。实际上 ,反映刑法精神的一般法律原则、相对恒定的计划型政策在疑难案件的判决中发挥着巨大的、不可或缺的作用。只要不是在空泛地维护罪刑法定原则 ,依凭于法律解释学 ,我们就必须从罪刑法定的基本精神出发 ,将原则、政策、规则纳入罪刑法定之法的视野中。     

Entrepreneurship and University Technology Transfer

This paper argues that it is important to devote greater attention to the study of entrepreneurship in technology transfer in the light of greater government attention, the growth in the phenomenon, the need to identify how wealth can be created from spin-outs, changes in the cultures of universities and differences with technological entrepreneurship in general. The paper summarizes the contributions made by the papers presented in the special issue in terms of their levels of analysis. At the spin-out level, issues are raised concerning identification of typologies of spin-out firms, the evolution of spin-outs and external resources. At the university level, issues concerning policies, internal resources and processes are discussed. An agenda for further research is elaborated which relates to the need to examine further levels of analysis: the academic entrepreneurs themselves and how they recognize opportunities and shape their ideas to meet the market; the nature of internal university environments, processes and resources; and the nature of the scientific discipline which may have implications for the process of creation and development of spin-out ventures.     

Terrorist victimization: A case study from India

The focus of terrorist victimization is largely upon the people hurt by terrorist groups or by state agencies acting in retaliation. However, victimization also comes from the policies and actions of the state that gives rise to the terrorism in the first place. This paper examines the nature of terrorist victimization in India. It focuses upon left‐wing terrorism in the state of Bihar and describes the anarchic situation prevailing there. The paper argues that victimization is coming both from the brutalities of the terrorist squads as well as the illegal actions of the police agencies. However, underlying these terrorist actions are government policies that have failed to address the democratic concerns of the citizens and which are unable to develop the economy. The paper also argues that it is necessary to ensure that state agencies do not go beyond the purview of legal boundaries. Only a state, dealing fairly, ensuring a rule of law and concerned about the victimization of all kinds can bring about the desired recovery of the people who alone suffer grievously.     

金融危机与财税法的应对

金融危机已经引起世界各国政府的普遍关注，面对金融危机，世界各国政府所能采取的主要是货币政策和财税政策。由於金融危机在本质上是财富重新分配的危机，因此，作为财富重要分配手段的财税政策将发挥更加重要的作用．     

CITES as Global Governance: Paths to Consensus and Defining Nature Through Uncertainty

Abstract

As concern over various environmental issues has risen at the international level, questions regarding what constitutes “nature” and how it should be portrayed and treated have gained a greater sense of urgency. This paper explores varying concepts and attributes of nature articulated by the Convention on International Trade in Endangered Species (“CITES”). Much of the research on CITES comes from the fields of policy and ecology, exploring matters of biodiversity, sustainability, enforcement, functionality, and evaluation of CITES as a “success” or “failure” of policy, with little focus on issues of cultural context and ambiguities. In contrast, within the social sciences, the contemporary literature is broadly dedicated to critiquing the static, dualistic ideas of nature upon which environmental regulations are based. However, what is often missing from this discourse is how environmental policies often have an implicit understanding that these static conceptions of nature are not accurate – that within the environmental legislation process, there is “an awareness, for example, of the messy, improvised character of knowledges about nature”. This paper explores CITES’s understanding of nature, how it characterizes nature, and how these conceptions become implemented in legislative practice. It illustrates CITES as a manifestation of what Krueger calls a regulatory process of “coded and recoded text with material implications” (p. 880), wherein a relatively unchanging set of legislation can create “multiple, even contradictory, outcomes coexisting simultaneously in the same system” (p. 872).     

Planning the health care system in a decade of economic decline: The Ghanaian experience

Health and medical care in Ghana is examined from the broader issues of development and underdevelopment. Ghana's dependent, peripheral standing has created a serious bottleneck in the domestic economy. The mounting debt crisis and the need to respond to International Monetary Fund (IMF) policies on economic stabilization have worsened the precarious health resources of Ghanaians. In an attempt to repond to Western pressures as well as Western taste, Ghana has also blindly followed the Western model of health care with no attempt to address the immediate health needs of her population. This paper concludes by calling for the integration of traditional, and Western medical practices as the foundation for any future effective health planning.     

试论我国的秘密侦查措施

秘密侦查作为在我国侦查实践中的一种行之有效的特殊侦查手段,目前急需解决的问题是操作的不透明性及神秘化倾向。必须研究秘密侦查措施的性质、存在价值、实施秘密侦查行为而导致侵犯公民基本权利的高度危险性,同时,我国法律对秘密侦查的规定有缺失;通过中外比较,探讨如何在立法上对秘密侦查进行授权,如何对秘密侦查适用范围、条件、程序等进行法律规制。