The Needs of the Judiciary and Misapplications of Social Research The Case of Female Guards in Men's Prisons

Social scientists have a unique opportunity to generate empirical data to assist legal arguments in a court of law. Unfortunately, most researchers seldom take the initiative to research specific issues that may guide a legal question. Instead, they research issues that may interest them but have no real-world application. This study demonstrates this problem using the example of female guards in male prism. Several suggestions are made that can put the social sciences in a leadership role.     

The Strategic Use of Formal Argumentation in Legal Decisions

In legal decisions standpoints can be supported by formal and also by substantive interpretative arguments. Formal arguments consist of reasons the weight or force of which is essentially dependent on the authoritativeness that the reasons may also have: In this connection one may think of linguistic and systemic arguments. On the other hand, substantive arguments are not backed up by authority, but consist of a direct invocation of moral, political, economic, or other social considerations. Formal arguments can be analyzed as exclusionary reasons: The authoritative character excludes—in principle—substantial counterarguments. Formal arguments are sometimes used to conceal value judgements based on substantial arguments. This paper deals with reconstructing problems regarding this strategic use of formal arguments in legal decisions, with a focus on linguistic argumentation.     

The two facets of female violence: The public and the domestic domains

Violent behavior of women varies significantly in the public and private domains. Criminal statistics indicate a relatively low proportion of women among violent offenders in the public domain, while in the domestic and/or private domain statistics reflect almost no gender difference in violent behavior. The following paper proposes a dynamic model which draws upon psychological and sociological variables and suggests that the clue for understanding the paradoxical phenomenon lies in the relative importance the domestic domain plays in the woman's value structure. Among the variables considered were: social learning patterns regarding violent behavior; perception of danger; and the ways in which women express their frustration and/or anger.     

From Fear to Anxiety: An Exploration into a New Socio-Political Temporality

Modern political reality is increasingly permeated with testimonies and representations of social and personal anxieties. Most often these narratives are accompanied with a desire to identify and implement a ‘cure’ that will either heal or eradicate the source of discomfort. In the political everyday such a ‘cure’ is disguised as a policy or a new law. Thus it comes as a little surprise that the term anxiety is increasingly used by politicians, policy-makers, legal and medical experts as well as scholars to explain an allegedly new social phenomenon. Relying on psychoanalysis and critical theory the contributions in this special issue tackle modern anxieties in the realms of politics and law, and in particular look into how anxiety is manifested in relation to resistance, immigration, nationalism and austerity measures. This introduction firstly, unpacks the idea of anxiety conceptually and offers different ways in which anxiety can be read politically, legally as well as theoretically; and secondly introduces the arguments put forward in individual contributions.     

The core of pure economic loss

Should loss of earnings be compensated? The established law and economics wisdom considers pure economic loss as a transfer of wealth from the victim to a third party, whose earnings increase as a consequence of the accident. Such transfers do not amount to a social loss and, hence, should not be compensated. We revisit these arguments and show that the social loss should be calculated by taking into account that: (a) pure economic loss often involves impairment costs resulting from the fact that valuable resources cannot be temporarily used and (b) the third-party earnings come at the cost of increased capacity. This increased capacity mitigates the expected harm and, hence, is a form of precaution. By taking into account these factors, we show that most pure-economic-loss cases do result in a socially relevant loss. In addition, we argue that the absence of a social loss is a necessary, but not sufficient, condition for the denial of compensation. The victim (or a third party) may have actually paid for protection against purely private losses. Thus, compensation should be awarded irrespective of whether national law treats the case under tort or contract (where compensation is undisputed). Finally, we offer considerations on the optimal design of liability rules.     

Ecological Belief in a Just World

To date, there is considerable evidence that the perception of injustice influences environmental behavior in a positive way. Nevertheless, some people do not take action, even if the injustice seems obvious. Concerning this matter, approaches like the belief in a just world theory or system justification theory provide an explanation. However, so far, there is no scientific research on whether the perception of ecological justice, which is taken for granted, concerning an ecological belief in a just world (EBJW) may lead to differences in people’s environmental behavior. This paper investigates a newly conceived construct of the EBJW, regarding its occurrence as well as its disposition in the context of other constructs. Therefore, a new scale has been developed for the purpose of this study by means of a questionnaire with German citizens (n = 312) examining motives for energy-relevant behavior. The scale analyses confirm the validity of the new scale. Even though the EBJW did not score high in the total sample, possibly due to significant differences between the participants (particularly socio-demographic variables and different group memberships) it can be stated that there is definitely a relationship between the EBJW and justification arguments and, ultimately, a lack of responsibility for energy saving. Regression analyses reveal that the EBJW, together with cognitive and affective appraisals of justice, can explain energy-relevant commitment, such as engagement in behavior that has negative impact on the climate. Based on these findings, it is suggested that the EBJW is measurable and that it seems to warrant further research.     

Interpersonal violence as social construction: the potentially undermining role of claims making and advocacy statistics

The relationship between empirical research inquiry and advocacy efforts is complex and seldom addressed in the interpersonal violence literature. In this article, we first examine how social conditions come to be seen as social problems, using a social constructionist perspective. Next, we focus specifically on the problem of interpersonal violence as viewed through a social constructionist lens, highlighting the many ways in which advocacy has influenced public perceptions of interpersonal violence as a social problem. Finally, this article considers some of the consequences that may result from exaggerated or misleading claims, especially when they are made by social scientists who are presumably engaged in an objective discussion of a problem. These consequences include generating skepticism toward the social sciences, feeding a backlash movement, and diverting attention away from the most severe forms of interpersonal violence. Contrary to the goals of many advocates, some of these consequences may be detrimental to the very social problems they hope to alleviate.     

Posttraumatic Stress Disorder’s Traumatic Stressor Criterion: History, Controversy, and Clinical and Legal Implications

This paper discusses posttraumatic stress disorder’s (PTSD) traumatic stressor criterion (Criterion A) in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV). The history of the stressor criterion is detailed, including how it has changed over time in successive versions of the DSM. We discuss controversy over the stressor criterion, regarding arguments about whether it is too conservative or too liberal. Studies comparing Criterion A and non-Criterion A events in their association with PTSD are discussed, including the finding across studies that non-Criterion A events are just as (or more) likely to result in PTSD. Potential explanations to account for this finding are discussed, including presentation of solutions to Criterion A’s limitations. Finally, legal implications for Criterion A in evaluating individuals presenting with PTSD in civil and criminal cases are discussed.     

A Biosemiotic Body of Law: The Neurobiology of Justice

We offer a theory regarding the symbolism of the human body in legal discourse. The theory blends legal theory, the neuroscience of empathy, and biosemiotics, a branch of semiotics that combines semiotics with theoretical biology. Our theory posits that this symbolism of the body is not solely a metaphor or semiotic sign of how law is cognitively structured in the mind. We propose that it also signifies neurobiological mechanisms of social emotion in the brain that are involved in the social and moral decision-making and behavior that law generally seeks to govern. Specifically, we hypothesize that the symbol of a collective human body in the language of law signifies neural mechanisms of pain empathy which generate a virtual, neurally simulated, emotional sense of sharing the feelings or pain of others and of thereby being one-in-body with or virtually equal to them. We speculate that this may be the neural basis of what is signified in legal and political theory as the “body politic” or “sense of equality,” because neuroscience and psychiatry further suggest that such pain empathy may provide the natural, emotional motivation to think and act in a rights-based manner. We conclude that misunderstanding of these neural mechanisms of pain empathy and related misinterpretation of this corporeal symbolism for the same may have long resulted in legal discourse that misinterprets the function of “pain” in the law and misinterprets the associated positive law, specifically the law regarding individual, equality-based rights and criminal justice, in particular, punishment theory.     

Exploration of the Community Attitude toward Sex Offender Scale in a Chinese Cultural Context

Chinese culture holds very different beliefs regarding sex offenses, violence against women and punishment against offenders. Little is known however about Chinese attitudes toward sex offenders and sex offending policies. The aim of this study was to validate the Community Attitude toward Sex Offender Scale in the Chinese cultural context. Results from a territory-wide telephone survey in Hong Kong revealed a three factor structure that measures perceptions of sex offenders’ social isolation, deviancy and punitive attitudes toward sex offenders. The scale has been renamed as the simplified Community Attitude toward Sex Offender Scale-Chinese (CATSO-C). Each subscale and the total scale showed acceptable internal reliability. This instrument has implications for future cross-cultural studies as well as professionals that work with sex offenders.     

Engendering Imprisonment: The State and Incarcerated Female Subjects in Taiwan

In International feminist perspectives in criminology, Rafter and Heidensohn in International feminist perspectives in criminology: Engendering a discipline. Open University Press, Buckingham, (1995: 4) contended that current mainstream criminology was the most masculine of all social sciences. A look at arguments about penal development confronts us with the fact that most historical studies are not gender-specific. Whether female offenders were victimized or acted as their own agents in the penal institutions can be determined with reference to two considerations: first, women prisoners have persistently been treated differently from their male contemporaries; second, female offenders have typically been burdened with formal penalties and informal gender disciplines as punishments for their wrongdoings. The relationship between women and the state provides some clues regarding how penal institutions, which are authorized to act for the state in imposing penalties, treat female offenders and why women’s imprisonment has taken the forms that are evident historically. This study traces the unique political and social conditions of Taiwan’s history to determine what reformations penal institutions have sought to enforce upon female prisoners and which body-types of female inmates have been ‘docile’, ‘obedient’, and ‘useful’ to the state. From the establishment of women’s care homes and the practice of separating the genders in penal institutions, to the implementation of independent women’s prisons, the state in Taiwan has played a dominant role in penal reforms in various historical contexts. This investigation aims to provide a critical and unique perspective of the penalization of women.     

Social problem solving,anxiety, and depression in adult male prisoners

Objectives. Social problem‐solving ability has been identified as a significant mediator between stressful life‐events and psychological distress in community samples. This study examined the relationships between social problem solving, anxiety, and depression in adult male prisoners. The hypothesis was that a negative problem orientation (NPO) would be the strongest predictor of anxiety and depression. Methods. Participants (N=68) completed the Social Problem‐Solving Inventory–Revised: Short Version (SPSI‐R:S) and the Hospital Anxiety and Depression Scale (HADS). Results. NPO was found to be the sole predictor of anxiety and depression. Conclusion. NPO includes feelings of nervousness, threat, and fear in response to problems. In a prison setting, this may serve to protect the individual against conflict with and abuse by dominant others. However, high levels of fear and anxiety may be disabling both for coping with imprisonment and for effective participation in rehabilitation programmes. While this raises issues regarding prison cultures and the damage imprisonment may cause to individuals, it also indicates that interventions to assist some prisoners to cope are required.     

The role of social learning in adaptiveness: insights from water management

The article introduces the notion of adaptiveness and discusses the role of social learning in it. Adaptiveness refers to the capacity of a social actor or social–ecological system to adapt in response to, or in anticipation of, changes in the environment. We explore arguments both from a theoretical perspective and through illustrations from case studies of water management in the Alps of Europe and Mekong in southeast Asia. We propose and illustrate that social learning processes are important for building adaptiveness in several ways and at different scales. Social learning can help cope with informational uncertainty; reduce normative uncertainty; build consensus on criteria for monitoring and evaluation; empower stakeholders to take adaptive actions; reduce conflicts and identify synergies between adaptations; and improve fairness of decisions and actions. Findings in the case studies provide some support for these generalizations but often with caveats related to diversity of stakeholder interests, levels of shared understanding versus contested knowledge and scale of coordination. For this reason, we suggest that future work pays greater attention to issues of agency, knowledge and scale: What strategies have individuals and organizations pursued in successful examples of social learning? How are the boundaries and interactions between science, policy and practice managed? How does social learning occur across spatial and temporal scales?     

A Bayesian Approach to Age‐at‐Death Estimation from Osteoarthritis of the Shoulder in Modern North Americans

Osteoarthritis (OA) is a marker of degeneration within the skeleton, frequently associated with age. This study quantifies the correlation between OA and age‐at‐death and investigates the utility of shoulder OA as a forensic age indicator using a modern North American sample of 206 individuals. Lipping, surface porosity, osteophyte formation, eburnation, and percentage of joint surface affected were recorded on an ordinal scale and summed to create composite scores that were assigned a specific phase. Spearman's correlation indicated a positive relationship between each composite score and age (right shoulder = 0.752; left shoulder = 0.734). Transition analysis revealed a tendency toward earlier degeneration of the right shoulder. Bayesian statistics generated phase‐related age estimates based on highest posterior density regions. Best age estimates were into the seventh decade at the 90th and 50th percentile. The proposed method supplements traditional techniques by providing age estimates beyond a homogenous 50+ age cohort.     

Securing ourselves <Emphasis Type="Italic">from</Emphasis> ourselves? The paradox of “entanglement” in the Anthropocene

The Anthropocene presents new challenges to the natural and social sciences by claiming that humanity is “entangled” with a myriad of scales, spaces, being(s), and temporalities. Yet, how does this entanglement alter our understanding of security? This article argues that the Anthropocene threatens not our physical security, but our ontological security: our deep and normalized conceptions of humanity and what it means to be a human “self” in a stable and continuous world. By replacing the foundation of ontological security in modernity – the uncertainty of death – with a new uncertainty of anthropos, the result is an existential discontinuity emanating from our own human selves. The Anthropocene thus manifests the need to secure humanity from humanity, or the paradox of securing oneself from oneself. Recent turns to the concept of “quantum entanglement” attempt to resolve this paradox by re-instilling a certain and secure “entangled” human self within an otherwise uncertain and insecure Anthropocene epoch. The article concludes that this move actually illustrates humanity’s separation, or dis-entanglement, from nature. Ethical and moral responsibilities to mediate and safeguard life and the planet derive not from (quantum) science nor from entanglement, but from a social world within which humans possess the agency to mediate and judge how to act through such concepts.     

Prestigious publications and public relevance: Vietnam war and black protest in the ASR and APSR

This study examines the manner and the extent to which the social sciences are prepared to address large scale, long term historical change. Particularly, the American Political Science Review and the American Sociological Review are subjected to a content analysis with regards to their analyses of the Vietnamese war and the Black uprisings of the 1960s. The results identify the fact that the most preeminent social science journals failed to analyze the conflicts; either prior to, during or after their emergence. This suggests, at a general level, that critical reflection of the dominant theoretical paradigms of social science did not take place. Moreover, it is suggested, on a more specific level, that the fundamental problem was the bankruptcy of the 1950s paradigm for the 1960s and the incapacity of the more influential journals to identify, address and overcome this intellectual limitation.     

Correlates of Mortality in a U.S. Cohort of Youth, 1980–98: Implications for Social Justice

This paper reports results of a study based on a nationally representative sample of U.S. youth (N = 11,549) that asked two questions: (1) How does family structure affect the likelihood of adolescent death beyond that of race/ethnicity, sex, socioeconomic status, personal behavior, and other structural factors and (2) under what conditions might appeals for social justice be warranted for relative mortality statuses and for absolute gains in mortality? The study found that marital instability increases the likelihood of dying when controlling for a variety of other factors including class, race/ethnicity, sex, and unemployment rate in area of residence. The author argues that this finding lends support to social justice arguments to redistribute resources in such a way as to ensure the likelihood of absolute gains in mortality. The study also found, however, that race/ethnicity/sex also accounted for the likelihood of dying independently of family structure when controlling for socioeconomic and other factors. The author argues that this finding lends support to social justice arguments to redistribute resources on the basis of relative mortality statuses.     

The social,relational and mental health characteristics of justice-involved men in the south-west England

The aim of this article is to describe the social, relational and mental health characteristics of a sample of offenders serving prison or community sentences in the south-west England. About 100 adult male offenders were screened for anxiety and depressive disorders, post-traumatic stress disorder (PTSD), drug and alcohol dependence, and likely personality disorder using validated instruments. Fifty-eight per cent of the sample reported at least one common mental health problem, of these only 26% reported receiving treatment. Participants exposed to traumatic events and/or participants with past mental health problems were more likely to score positive for current common mental health problems. Our study identified factors that may increase the risk of a first episode or recurrent anxiety and/or depression for offenders. Health and criminal justice services should create partnerships and develop interventions that address the risk factors which lead and/or contribute to offenders' mental health difficulties.     

Global warming and state-corporate crime: the politicalization of global warming under the Bush administration

Global warming is one of the most significant and difficult issues facing the world today. As result, researchers in a number of disciplines have directed their attention to addressing issues relevant to the study of and responses to global warming. This has been less true in the social sciences, and especially within specific social sciences such as criminology, in comparison to the physical sciences. Global warming does, however, have criminological and sociological relevance on several levels. This article examines one of those levels by exploring the politicalization of global warming under the Bush Administration, and addresses this issue as an example of state-corporate crime.     

A Clinical Comparison,Simulation Study Testing the Validity of SIMS and IOP-29 with an Italian Sample

The Inventory of Problems–29 (IOP-29) was recently introduced as a brief, easy-to-use measure of non-credible mental and cognitive symptoms that may be applied to a wide variety of contexts or clinical conditions. The current study compared its validity in discriminating bona fide versus feigned (via experimental malingering paradigm) psychopathology against that of the Structured Inventory of Malingered Symptomatology (SIMS). Specifically, 452 Italian adult volunteers participated in this study: 216 were individuals with mental illness who were asked to take the SIMS and IOP-29 honestly, and 236 were nonclinical participants (experimental simulators) who took the same two tests with the instruction to feign a psychopathological condition. Two main, broad categories of symptom presentations were investigated: (a) psychotic spectrum disorders and (b) anxiety, depression, and/or trauma-related disorders. Data analysis compared the effect sizes of the differences between the patients and experimental simulators, as well as the AUC and classification accuracy statistics for both the SIMS and IOP-29. The results indicate that the IOP-29 outperformed the SIMS, with the differences between the two tools being more notable within the psychotic (IOP-29 vs. SIMS: d?=???1.80 vs. d?=???1.06; AUC?=?.89 vs. AUC?=?.79) than within the anxiety, depression, and/or trauma related subgroup (IOP-29 vs. SIMS: d?=???2.02 vs. d?=???1.62; AUC?=?.90 vs. AUC?=?.86). This study also demonstrates that the IOP-29, with its single cutoff score, is generalizable culturally and linguistically from the USA (English) to Italy (Italian).