人身损害赔偿:从收益能力到人格尊严

<正> 一、民事责任的基本原则和民事责任的不同种类对实施不法行为所导致的损害承担赔偿义务是民事责任特有的要素。民事责任的基本原则体现为:强制不法行为人恢复原状,或赔偿其所造成的损失。在私法关系中,损害赔偿旨在通过责令不法致损行为人向遭受不法行为侵害并遭受损害之人赔偿损失,从而平衡违法行为造成的恶果。     

THE DELINQUENCY OF CHILDREN BORN TO YOUNG MOTHERS: RESULTS FROM THE ROCHESTER YOUTH DEVELOPMENT STUDY*

This paper examines the relationship between a mother's age at first childbirth and the delinquent behavior of her children. Using data from the Rochester Youth Development Study (RYDS), an ongoing longitudinal study of adolescent development, we found that children born to mothers who began childbearing at a young age were more prone to general delinquency, violence, and arrest than were children born to mothers who began childbearing when they were older. This “early first‐birth effect” was far larger in white and Hispanic families than in African‐American families. Mediating analyses found that the early first‐birth effect was most attributable to the unstable composition of families in which early childbearing occurs. That said, a substantial portion of the effect remains unmediated.     

USING THE EMPIRICAL LITERATURE TO GUIDE THE DEVELOPMENT OF PARENTING PLANS FOR YOUNG CHILDREN

Most infants form attachments to both of their parents at roughly the same age. These relationships are consolidated by continued interactions, ideally in a broad array of contexts, whether or not the parents live together. The mechanisms underlying the formation and consolidation of relationships with both parents appear to be similar, although most infants establish preferential relationship with the persons who take major responsibility for their care. When parents separate, children often experience distress, and their adjustment is adversely affected when the relationship with one of their parents is severed. This can be avoided by developing parenting plans that continue to ensure that children have regular interaction with both parents in a broad array of contexts. Overnight periods provide opportunities for many important interactions.     

CHANGES IN FRIENDSHIP RELATIONS OVER THE LIFE COURSE: IMPLICATIONS FOR DESISTANCE FROM CRIME*

We analyze life history narratives and structured data derived from a study of serious female and male offenders interviewed when incarcerated as adolescents and followed up thirteen years later. We highlight shifts in the influence of friends and in the nature of friendship choices, and suggest how these changes can facilitate desistance processes. While key events (e.g., marriage) are important to an understanding of such changes, shifts in the actor's perspective and identity are also integral to the process of making successful network realignments. Similarities and differences by gender in the effects of adult social influence processes are also examined.     

IMPLICATIONS OF THE DIVORCE MEDIATION ASSESSMENT INSTRUMENT FOR MEDIATION PRACTICE

The development of the Divorce Mediation Assessment Instrument (DMAI), based on six dimensions—commitment, social-psychological factors, values, understanding, skills, and conflict—was in response to the need to systematically assess clients' readiness for divorce mediation and to inform and guide intervention. Tests on DMAI showed high reliability, and reasonable instrument validity. The implication of DMAI for mediation practice is discussed in terms of the various outputs of DMAI: DMAI score, subscale score, and item score. Issues in assessment raised included highlighting strengths, working on agreements, and preventive intervention. DMAI's implication for theory building and research is also discussed. Careful assessment is needed for appropriate use of mediation, and the DMAI provides a model of assessment which has clinical, empirical, and theoretical validity.     

FROM ADDICTION TO ABSTINENCE: MAXIMIZING THE CHANCES OF SUCCESS

While advances in neuroscience have clearly delineated the areas of the brain that are affected by mood-altering drugs, the success rate of treatment for people dependent upon or addicted to these drugs remains essentially unchanged over the last several decades. This is due in large part to paying inadequate attention to the craving that occurs after discontinuing a mood-altering drug that produces physical dependency. This article will review the changes that occur when one becomes physically dependent on a mood-altering drug and the process to follow in order to maximize the chances of success in maintaining abstinence when drug use has been discontinued.