Intervention for Abusive Fathers: Promising Practices in Court and Community Responses

Fathers who have abused their children or their children's mothers constitute a significant challenge to court and community service providers. Although legislation offers direction for court dispositions, resulting court orders are only the starting point for ensuring children's safety. This article begins with a rationale for expanding services to include intervention for abusive fathers. Using the Caring Dads program as an example, we identify four principles to guide appropriate intervention with abusive fathers and discuss their theoretical and practical implications. Throughout the article we contrast the model we are proposing with more traditional court and intervention program responses to abusive fathers.     

A Critical Analysis of the MND Criteria for Feigned Cognitive Impairment: Implications for Forensic Practice and Research

Forensic neuropsychology continues to grapple with critical determinations of response styles, including the assessment of malingering. The development of the Malingered Neurocognitive Dysfunction (MND) model has been highly influential for both feigning research and neuropsychological practice. In striving to be a comprehensive model of malingering, MND proposes complex criteria for ascertaining possible, probable, and definite levels. In its critical review, this article suggests the possibility of an MND bias towards the over-classification of malingering. It also examines the limits of MND research to adequately test the MND model. The conceptual and empirical limitations of MND are discussed with reference to theory and neuropsychological practice.     

行政法中的法律优先原则研究

法律优先原则是依法行政的重要组成部分,旨在限制行政权之滥用,保障公民的基本权利。它具体包括“根据(法律)”和“不相抵触”两个派生性原则。在我国,法律优先原则已得到运用与体现,但监督机制存在诸多缺失与不足,亟待进一步改进和完善,以充分发挥该原则在我国行政法治实践中的应有作用。     

Requirement‐Sensitive Legal Moralism: A Critical Assessment

Requirement‐sensitive legal moralism is a species of legal moralism in which the legitimacy of turning moral into legal demands depends on the existence of a legitimate moral requirement, producing a legitimate social requirement, which can then ground a legitimate legal requirement. Crucially, each step is defeasible by contingent or instrumental, but not intrinsic moral factors. There is no genuinely moral sphere (e.g., a private sphere) in which the law is not to interfere; only contingent, non‐moral factors can defeat this. Using William A. Edmundson's Three Anarchical Fallacies as a foil, this idea is spelled out; it is shown why considerations based on the harm principle, consent, and the fact of pluralism do not immediately defeat it, but several problems with Edmundson's account are examined to point out where the idea could be further developed.     

农业补贴社区化法律机制研究

传统农业向现代农业转型的重要内容是加大财政支农数量与提高农业补贴质量,以制度市场视角分析农业补贴制度,探究农业补贴低效化源于涉农补贴申间层主体的缺乏.权利群是同质同向和异质同向的权利集合,具有权利结构多元与价值取向同一的本质属性,农村社区与该本质属性相契合,农业补贴社区机制的选择可以最大发挥权利群功效.以利益机制、民主治理、弱者救助和绿色补贴为农业补贴社区化提供经济、政治、文化和生态支撑;遵从主体--行为--责任的法律思维,建构农业补贴社医主体法律制度、农业补贴的行为规范法律制度和农业补贴的法律责任制度.     

European “Freedoms”: A Critical Analysis

Faced with the present migrant crisis and the dismal record of Europe in protecting vulnerable refugees’ and migrants’ rights, what could be the view of the moral philosopher? The contrast between the principles enshrined in the European Charter of Fundamental Rights and the reality of present policies is shocking, but more scrutiny will show that it is the result of a larger trend towards an understanding of freedom mostly in economic terms, at a time when economists such as Amartya Sen have revised their approach to economic growth and prosperity, noting the central role played by a much richer conception of freedom. The paper will scrutinize these inconsistencies and the conception of the person from which they derive and will provide an alternative and more coherent moral vision that could strengthen the legitimacy of the European Charter, at a time of growing dissatisfaction and so-called democratic deficit. Such a vision could help reconnect the Charter with a conception of the human person as in need not solely of passive legal protection, but also of active promotion of her self-respect and capabilities, and of her aspiration to a valuable life.     

Men who batter women: A study in power

The purpose of this study was to determine the relationship between a batterer's perception of his partner's power and the severely of violent tactics. Subjects for this study were 21 males, who had been arrested for domestic assault. Batterers whose educational level was higher than their partners used more severity violent tactics in assault. A correlation was found between reward power and severity of abuse, indicating that batterers perceive their partners as having a high ability to reward.     

Transforming Land‐Taking Disputes in Socialist Asia: Engaging an Authoritarian State

Few studies have responded to the calls by sociolegal scholars to explore how disputes evolve. This article takes up the challenge by examining how intermediaries in socialist Asia resolve land‐taking disputes that are intractable for administrative appeals and courts. Exploring alternatives to state‐based dispute resolution is a pressing issue for conflicts that pit citizens against authoritarian regimes. Using in‐depth interviews, this article investigates how intermediaries such as retired state officials navigate in and around authoritarian regimes, flattening power asymmetries between citizens and land officials. This analysis draws from, links, and advances three literatures that examine dispute resolution in different ways: the sociolegal “naming, blaming, and claiming” literature examines the trajectory of disputes, regulatory studies use legitimacy expectations to analyze how disputants evaluate and prioritize competing regulatory frameworks, and the collective identity literature analyzes how communities respond to disputes. This article contributes to the literature by developing a theoretical framework that explains how intermediaries circumvent conceptual differences and transform disputes. The findings compel researchers to consider the use of intermediaries as an alternative to state‐sponsored dispute resolution in authoritarian settings.     

“Critical Legal Histories Revisited”: A Response

The author responds to comments reappraising “Critical Legal Histories” (CLH) (1984). CLH critiqued “evolutionary functionalism,” the idea that law is a functional response to a typical modernizing process. CLH argued that “society” was partly constituted of legal elements and that law was too indeterminate to have reliably regular functional effects. CLH has been misinterpreted as calling for a return to internal histories of “mandarin” doctrine: all it said was that some doctrinal histories were valuable, without privileging them. This response clarifies that the relations of law to society and social change, and of high‐level official law to everyday local law are distinct issues. CLH is mostly moot today, since social‐legal historians have incorporated its insight that legal concepts are embedded in everyday social practice. But other fields have revived deterministic Whiggish accounts of progressive development and of law functional to it—to which CLH's critique still seems relevant.     

Physical Abuse in a College Setting: A Study of Perceptions and Participation in Abusive Dating Relationships

This study explored the relationships between college students’ self-identification as recipients and/or perpetrators of abuse in their dating relationships and abusive behaviors reported. A cross-sectional examination of 1,530 undergraduate students was conducted. Results indicated that one in four college students were involved in a physically abusive dating relationship (involving at least two acts of physically violent behavior), and that over 85% of them failed to self-identify as ever having received and/or perpetrated any act of physical abuse. College students involved in abusive dating relationships were more likely than those not in abusive dating relationships to be in a relationship of a longer duration, to have been in a previous abusive dating relationship, and to be more accepting, in general, of physical abuse as a means of conflict resolution.     

Implementation of a Contingency Management-Based Intervention in a Community Supervision Setting: Clinical Issues and Recommendations

A cognitive-behaviorally based substance abuse treatment program was implemented within a Community Supervision setting. This program included a goals group that included a contingency management component and included the probation agent as a part of treatment. This paper describes the contingency management component of the treatment and discusses, in detail, issues that arose throughout the course of the study. Possible causes and solutions to the issues are discussed from a contingency management perspective that can result in improved reinforcements to achieve better probationer outcomes.     

Girls and Culture˜ in Delinquency Intervention: A Case Study of RYSE

Given the growing trend of girls in the juvenile justice system, there has been increasing attention toward providing gender‐specific programming. The Reaffirming Young Sisters' Excellence (RYSE) program was one of Alameda County, Calif., Probation Department's intervention programs designed to address both gender and cultural factors in girls programming. ANCOVA analyses of 350 randomized girls did not provide support for the gender‐specific hypothesis that girls who received RYSE intervention will have a lower recidivism score than girls who received traditional probation services. However, the cultural hypothesis was partially supported with African American girls who participated in the RYSE intervention faring better than Hispanic, White, and Asian RYSE girls, and their African American control counterparts.     

Trauma‐Informed Approaches to Juvenile Justice: A Critical Race Perspective

Youth of color experience disproportionate juvenile justice contact and recidivism. Trauma‐informed approaches may provide important support to these youth and improve their future outcomes. This paper describes dynamics of the various levels of the juvenile justice system (i.e., police contact, courts, correctional placement, aftercare) that perpetuate psychological trauma among adjudicated youth of color. This paper explores trauma‐informed approaches from a critical race theory perspective to address issues of systemic racial injustice in the juvenile justice system. Current and emerging models for trauma‐informed juvenile justice and implications for practice, policy, and research are discussed.     

行政公益诉讼中检察介入行政裁量权研究

行政自由裁量权的司法控制是法治实践中的难题,行政公益诉讼制度确立后,为检察权介入行政裁量权从而加强对其监控提供了契机,这是由公益的柔性化、行政与公益的复杂关系、公益诉讼中检察监督的深度、公益诉讼中诉权的广延性所决定的。目前检察机关可介入行政公益中的判断裁量权、选择裁量权、许可和处罚裁量权、行政处置裁量权、行政立法裁量权等。具体而言,检察机关可通过使行政裁量权得到规劝、使行政裁量权得到合理解释、使行政裁量权充实裁量依据、使行政裁量权得到合理建议、使行政裁量权得到拓展等路径介入。     

质化研究与循证实践:心理学中研究与实践的关联及互动

在心理学中,研究难以满足实践的需要,实践者甚至在某种程度上排斥研究,呈现出研究与实践相分裂的局面。近年来,心理学研究领域出现了适合研究实践的质化研究范式,实践领域出现了关注与使用研究证据的循证实践运动,为实现心理学中研究与实践的良性互动提供了新的思路与方法。文章阐述了心理学研究与实践的概念及其关联现状,并在此基础上介绍了质化研究与循证实践的兴起背景、特征及其对心理学研究与实践的关联与互动所带来的影响与启示。     

Brazilian Environmental Laws and Policies, 1934–2002: A Critical Overview

This article describes and analyzes major laws, decrees, regulations, resolutions, and institutional mandates linked to environmental protection policies in Brazil, from 1934 to 2002. It argues that many early regulations resulted basically from centralization and planning policies conducted by a development-oriented state. However, it shows that most recent regulations were demanded by a more environmentally aware and more organized civil society, in the context of a more participatory and democratic political framework and improved scientific knowledge and requirements.     

Bearing Witness: Methods for Researching Oppression and Resistance—A Textbook for Critical Research

This paper forecasts a “fictional” methods textbook for researchers interested in studying social oppression and resistance. The volume moves between historic and contemporary writings on methods, with particular interest in questions of objectivity and subjectivity, history and psychology, relations among units of analysis, expert and construct validity, and the ever-thorny ambition of generalizability. Crafted with inspiration from Kurt Lewin, Carolyn Payton, Ignacio Martín-Baró, and many contemporary critical writers, the book is designed to provoke conversations about social research, asking—For what? With whom? and If not now, when? The essay is written to incite a re-membering, and re-thinking, of critical methods for the social psychological study of oppression and resistance.