The Role of Legitimizing Ideologies as Predictors of Ambivalent Sexism in Young People: Evidence from Italy and the USA

The studies presented here focus on the relationship between legitimizing ideologies and ambivalent sexism. 544 Italian students (Study 1) and 297 US students (Study 2) completed several scales: social dominance orientation (SDO), system justification (SJ), political orientation, religiosity, and the Glick and Fiske (J Pers Soc Psychol 70(3):491–512, 1996) Ambivalent Sexism Inventory. Zero-order correlations revealed all facets of ideological attitudes to be positively related to each other and correlated with ambivalent sexism. In particular, the SDO was related to both ideology components of SJ and political orientation and to ambivalent sexism (hostile and benevolent). Moderated regressions revealed that SDO has a positive impact on hostile sexism for men only, while SJ has a positive impact on hostile sexism for women only. While the first result was stable across the two studies, the last moderated effect has been detected only in Study 1. We discuss the results with respect to different facets of social ideologies and cultural differences between the two countries.     

Calculating and Believing: Ideological Norms in the Cradle of Utility Maximization

An individualist approach to political phenomena is not necessarily an economic approach. We can assume that beliefs and commitments as well as selfishness motivate individuals. Ideology provides a basis for individual choice for policy makers and for citizens and is as much a micro-foundation as narrow “self-interest.” Employing a “least-likely” case approach this paper shows that we can find legitimacy and norm-sensitive behavior in the cradle of utility maximization, the firm. In this paper I will lay out some puzzles found in the general areas of business, politics, and policy-making and show how the particular piece of behavior can be understood within the logic of ideological frameworks and the normative acceptability or legitimacy of actions. The purpose is more an “analytical narrative” than a systematic empirical investigation. It suggests the critical importance of examining the normative as well as the self-interest foundation of behavior. To that end, the empirical context of the discussion is provided by business social responsibility, by business participation in elections, by a snapshot of an ideologically driven political career, and by an antibusiness policy decision. The narrative moves from the generosity of business corporations, to foreign-owned corporations' political activity decisions in the host country, to Mrs. Thatcher and the median voter, and finally to the decision to abolish the slave trade.     

Hands-on Killing of Intimate Partners as a Function of Sex and Relationship Status/State

Guided by evolutionary psychology and a situational perspective on violence, we generated three hypotheses to investigate whether the percentage of intimate partner homicides by beating, a hands-on homicide method, varies with the victim-offender relationship. We tested these hypotheses with a national database that includes incident-level information on over 50,000 intimate partner homicides. Results indicate that: (1) men are more likely than women to kill a partner by beating, and (2) men are more likely to kill their partners by beating when the relationship is dating or non-marital cohabiting (versus legal marriage). We argue that the lack of commitment in these non-marital relationships may produce greater jealousy in men, driving the perpetrator to kill his victim in a more violent manner (i.e., beating), relative to men who kill their wives.     

我国应当尽快确立电子商务证据的法律地位

随着电子商务的普及推广,电子商务证据与现行法律规定发生冲突,已在司法实践中显现出来。在我国,这种冲突主要体现在电子商务证据的种类、形式等方面,借鉴世界各国和国际社会的不同做法,我国应对其合法地位作出相应的法律规定,以适应电子商务发展的需要。     

转型期见义勇为英雄的社会支持现状及原因分析

转型期见义勇为英雄的社会支持不仅事关见义勇为英雄本身的生存和发展,而且还关系到社会主义思想道德建设的成效。本文以社会支持理论为视角,总结梳理了转型期见义勇为英雄的社会支持现状,分析了目前出现这一现状的原因,旨在对构建转型期见义勇为英雄的社会支持体系有所启示。     

System-Justifying Functions of Complementary Regional and Ethnic Stereotypes: Cross-National Evidence

According to system justification theory, stereotyping is an ideological process that serves to justify the status quo and bolster the legitimacy of the existing social order. The present research investigates the system-justifying role of complementary stereotypes in which high-status groups are represented as agentic and achievement-oriented and low-status groups as communal and interpersonally oriented. We demonstrate that such complementary stereotypes: (a) reflect a high degree of consensus across high- and low-status perceiver groups; (b) are endorsed more strongly to the extent that system justification motives are chronically or temporarily activated; and (c) serve an ideological function by enhancing the perceived legitimacy of the existing social system. Evidence concerning regional and ethnic stereotypes in Italy, England, and Israel provides converging evidence for the system-justifying function of complementary stereotypes and reveals remarkable similarity in the contents of stereotypes of different groups that happen to occupy similar status positions in their respective societies.     

国际刑事法院检察官的地位与功能研究

被赋予国际刑事案件调查、起诉权的检察官 ,在国际刑事法院运作程序中是最活跃最积极的因素 ,对于国际刑事犯罪的惩治起着关键性作用。其组织和功能上的特点是 :审检合署的机构设置 ;“检警一体”的功能结构 ;在检察事务和内部管理上实行“检察长负责制” ;受刑事预审法庭的司法审查等。但在检察官行使职权时 ,存在与相关国家主权协调 ,克服直接调查取证可能遇到的障碍 ,以及合理对待国际政治因素对刑事检控的影响等问题     

家庭的民事主体地位

家庭是一种独立的社会组织,为了自身的生存和履行其社会职能,家庭在客观上具有作为民事主体的必要性,事实上也已经是民事法律行为的实施者。家庭具有独立的意志和财产,在法理上具备作为民事主体的一般条件,现行的国内外法律也在一定程度上承认了家庭的民事主体地位。     

Dissent,Legitimacy, and Public Support for Court Decisions: Evidence from a Survey‐Based Experiment

Scholars often argue that whereas unanimous rulings should boost public support for court decisions, dissents should fuel public opposition. Previous studies on public responses to U.S. Supreme Court decisions suggest that unanimity does in fact bolster support. However, a recent study has also found that dissents may increase support among opponents of a court decision by suggesting evidence of procedural justice. By examining how individuals react to dissents from the Supreme Court of Norway, this article is the first study outside the U.S. context of the public's reaction to unanimity and dissent. Breaking with the common notion of the negative effects of dissent on public support, the article shows that when the Supreme Court handles cases of higher political salience, the formulation of dissenting opinions can be a meaningful way of securing greater support for its policy outputs by suggesting evidence of procedural justice. Contrary to recent studies, however, this positive influence of dissent is irrespective of individuals' ex ante policy views.     

Identifying and measuring juror pre-trial bias for forensic evidence: development and validation of the Forensic Evidence Evaluation Bias Scale

Abstract

Previous research has provided support for the impact of juror pre-trial bias on judicial decision making, particularly in cases where the evidence presented at trial is of weak or ambiguous probative value. In an effort to identify whether a pre-trial bias for forensic evidence exists, the Forensic Evidence Evaluation Bias Scale (FEEBS) was developed and tested. The results of a principal components analysis suggested that two distinct constructs were being measured, corresponding to a pro-prosecution and pro-defence bias toward forensic evidence. In a second validation study, scores on these two subscales were compared with other existing juror bias measures (Juror Bias Scale and Belief in a Just World) and in a mock juror decision making task only the pro-prosecution subscale of the FEEBS predicted the perceived strength of forensic evidence. A partial mediation model is presented which explains the relationship between this bias and verdict preferences. The implications of this potential juror bias are discussed in the context of real juries, the CSI Effect (which refers to anecdotal claims that jurors are biased by the popularity of fictional representations of forensic science on television) and peremptory challenges, as well as future research directions.     

动物法律地位刍议——私法视野下的分析

在动物法律地位问题上,存在"肯定论"和"否定论"两种观点。"肯定论"的观点在认识论上忽视了动物不可能具有道德判断能力的事实,在本体论上曲解了法律主体据以享有权利的"内在价值"的含义,在私法理论上带来一系列的难题,在法律制度上缺乏可操作性,故不足取。"否定论"中的"义务论"观点则认为,需要人类保护的动物乃是人类的保护义务的客体。"义务论"既可以达到"肯定论"拟保护动物的目的,又完全不与现有的法律理论和制度相冲突,还具有可操作性,所以是解决动物法律地位问题的最佳方案。     

Perceiving Self-Interest: Power,Ideology, and Maintenance of the Status Quo

We explore the perception of self-interest based on the social position of the person making a persuasive argument, and whether the argument challenges peoples representation of the social world. More self-interest is perceived when it is made on behalf of a small rather than a large group (Experiment 1), comes from a low status rather than a high status group (Experiment 2), and when it benefits an outgroup more than an ingroup (Experiment 3). We show that attempting to change the political status quo, no matter whose interests it may serve, leads to perceptions of self-interest (Experiment 4). We discuss these findings in terms of beliefs, social ideologies, and attitudes, and argue that perceptions of self-interest are often a marker of the defense of the status quo from perceived threats.     

The effects of marital status and social isolation on adult male homicides in the United States: Evidence from the National Longitudinal Mortality Study

With data from the 1979–1985 Longitudinal Mortality Study, we examine the effects of marital status and social isolation on adult male homicide (ICD-9 Codes E960-E978). Cox proportional hazards models were fitted to a 1979–1981 population cohort of approximately 200,000 adult men and their mortality experiences were followed until 1984–1985. Multivariate hazards regression analysis showed that marital status and social isolation are associated with significantly higher risks of homicide victimization. Controlling for age and other socioeconomic covariates, single persons were 1.9 times, and divorced, separated or widowed persons were 1.7 times, more likely to die from homicide than married persons. Socially isolated persons were 1.6 times more likely to become homicide victims. Other adult males with increased risk of homicide victimization were African Americans and those who lived in the inner city.     

论辩护律师的法庭地位——以律师与法官的关系为视角

有关辩护律师法庭地位的理论学说,大体可归纳为辩护人系司法机关、辩护人系当事人的利益代理人和辩护人系限制的司法机关三种类型。我国对辩护律师法庭地位认识的变化,总体上经历了从司法机关理论到当事人利益代理人理论的转变过程。综合考虑我国对律师的管理及定位、我国刑事司法对实体真实主义的追求、刑事审判模式的职权主义传统及未来的改革走向等因素,我国刑事审判程序中辩护人的地位宜建立在限制的司法机关之理论基础上。     

Psychopathy and Violent Crime: A Prospective Study of the Influence of Socioeconomic Status and Ethnicity

The relationship between psychopathy and violence is well-established. However, few studies have examined the extent to which this relationship is influenced by sociodemographic predictors of violent criminality. In this prospective study we examine the power of psychopathy to predict criminal violence across ethnicity and levels of socioeconomic status in 199 European American and African American U.S. county jail inmates. A Psychopathy x SES x Ethnicity interaction was identified such that among European Americans psychopathy predicted recidivism at lower levels of SES but was unrelated to recidivism at higher levels of SES. The predictive power of psychopathy was relatively stable across SES among African Americans. The implications of our results for psychopathy and violence prediction are discussed.     

权力规范学术的思想史实践——从“焚书令”看意识形态对知识形态的区分与控制

“焚书令”字里行间体现出来的是一种精密的专制主义知识分类体系。在它所包括的政治法律、历史典籍、人文价值和实用技术这四种知识中,前三种皆属于意识形态知识范畴,也可以视为广义的价值知识。这说明,“焚书令”所依托的是一个价值理性和工具理性都同样发达的意识形态秩序。正因为价值理性发达,所以它能对区分各种价值知识制定出明确的判断标准;正因为工具理性发达,所以它能对控制各种价值知识制定出严格的操作规则。     

弘扬与培育人的主体性:当代思想政治教育的主题

人的主体性的生成和发展是多种因素综合作用的结果。思想政治教育在人的主体性的生成和发展中起着十分重要的作用。随着我国社会主义市场经济的发展和世界上知识经济的兴起 ,着力弘扬和培育人的主体性 ,已经成为思想政治教育的主题。为此 ,思想政治教育必须进一步更新观念、完善目标、改进方法。     

论我国刑事诉讼中的证据使用禁止——以证据取得禁止和证据使用禁止之间的关系为中心

通过比较研究发现,就证据取得禁止与证据使用禁止之间的关系而言,我国虽采取的是规范保护目的理论的立场,但和德国学说和实务见解相比,具有明显的中国特色,即只有那些旨在担保所获证据真实性和可靠性的重要取证规定被违反时,我国相关法律才会科以明确的证据使用禁止后果。此外,我国证据使用禁止呈现立法上的积极主动、司法上的消极保守、阶段上的层层把关、论证上的简单恣意四个特点,这些特点皆与德国相关法律规定相背离,这一现象从另一侧面反映出,尽管我国与德国同属大陆法系,共享职权主义传统,但在刑事诉讼制度方面却存在着较大的差异。     

Human Rights Watch v Secretary of State for the Foreign and Commonwealth Office: Victim Status,Extraterritoriality and the Search for Principled Reasoning

In Human Rights Watch v Secretary of State for the Foreign and Commonwealth Office the UK Investigatory Powers Tribunal found that the relevant standard of ‘victim status’ that applies in secret surveillance cases consists in a potential risk of being subjected to surveillance and that the European Convention on Human Rights does not apply to the surveillance of individuals who reside outside of the UK. This note argues that the Tribunal's finding regarding the victim status of the applicants was sound but that the underlying reasoning was not. It concludes that the Tribunal's finding on extraterritoriality is unsatisfactory and that its engagement with the European Court of Human Rights case law on the matter lacked depth. Finally, the note considers the defects of the Human Rights Watch case, and the case law on extraterritoriality more generally, against the backdrop of the place of principled reasoning in human rights adjudication.     

论民族法律文化视角下“法律多元”的含义与现状

在民族法律文化及少数民族习惯法研究者的学术话语当中,“法律多元”是一个常用的词汇,它通常被用以描述各族习惯法与国家法多元并存的法律现实状况。值得注意的是,“法律多元”本身并不是一个具有统一和明确含义的概念,在当代中国国家法制统一的背景之下,对“法律多元”的使用尤需慎重。当借助“法律多元”的理论对多重法律体系的状况进行描述时,应当根据特定的语境和视角,对“多元”的含义加以必要的说明。立足于少数民族法律文化研究的视角,语境化地对我国“法律多元”的含义以及现实状况进行描述和分析时,亦应如此。