An Integrative Perspective on Social Justice: Distributive and Procedural Fairness Evaluations of Positive and Negative Outcome Allocations

This paper presents a theoretical framework for the integration of distributive and procedural justice in positive and negative outcome allocations. The framework consists of seven basic assumptions, seven propositions, and seven groups of interrelated hypotheses. The expected outcome offers a coherent program for future justice research based on the realization that distributive and procedural aspects of fairness cannot be meaningfully treated (1) in isolation from one another, and (2) without taking into account the valence of the allocated outcome. The framework should also reveal the need to reassess existing distributive and procedural justice study conclusions that neglected to examine the interactive effects of the allocation outcome (distribution) and the procedure and the outcome valence.     

试论道德的关爱取向与公正取向

著名道德心理学家卡罗尔·吉利根在研究人类道德的发展时听到了一种不同的声音,提出了道德的关爱取向.虽然关爱道德取向与公正道德取向存在很大的差异,但她认为,关爱取向与公正取向之间是互补的,它们是一种平等对话的关系.而赫克曼从关爱取向和公正取向对"发展"、"自我"的理解以及各自所基于的认识论出发,对吉利根的观点作了另一种阐释:关爱取向是对公正取向的否定,它是一种根本的重新建构.公正取向与关爱取向之间的关系还有待于道德心理学研究者的进一步探索.     

Assessing the Latent Factor Association Between the Dysphoria Model of PTSD and Positive and Negative Affect in Trauma Victims from India

The recent release of the DSM-5 comes with the division of posttraumatic stress disorder (PTSD) symptoms across four symptom clusters (American Psychiatric Association, 2013). This division is based on the support garnered by two four-factor models; Emotional Numbing (King et al., 1998) and Dysphoria (Simms et al., 2002) and a five-factor model; Dysphoric Arousal (Elhai et al., 2011). Much debate centered on the validity of the Dysphoria factor as a non-specific factor of PTSD within the Dysphoria model. In line with this, we assessed relations between the four factors of the Dysphoria model (Simms et al., 2002) and positive (PA) and negative affect (NA) in natural disaster victims (N?=?200) from Leh, India, using the PTSD checklist (PCL-S) and Positive and Negative Affect Schedule (PANAS short form). Confirmatory factor analysis was implemented to assess the best-fitting model for both the PCL (PTSD) and the PANAS (affect). Two optimal models (the Dysphoria model and a two-factor model for affect) were subsequently used to assess latent variable associations across constructs. It was hypothesized that differential associations between latent factors would be evident with the Dysphoria factor being highly correlated with negative affect compared to alternative PTSD factors. Significant correlations were found between factors of the Dysphoria model and NA (0.52–0.65, p?<?0.001). Comparing the association of pairs of PTSD factors with NA and PA, Wald’s tests revealed that no single PTSD factor was more related to NA than the other. Avoidance and Hyperarousal factors were correlated with PA. Results are discussed in line with literature questioning Dysphoria factor’s unique association with general distress.     

Emotional Dysregulation and Negative Affect Mediate the Relationship Between Maternal History of Child Maltreatment and Maternal Child Abuse Potential

Risk for committing child abuse is frequently attributed to an intergenerational “cycle of violence” through which abuse as a child increases risk for committing abuse as a parent. While this hypothesis has support, more research is needed to understand the factors that account for this pattern of risk. Given literature suggesting that adults with a history of child maltreatment have increased risk for a wide range of psychopathology, this study examined the role of two behavioral endophenotypes, emotional dysregulation and negative affect, in the association between maternal experiences of childhood maltreatment and maternal child abuse potential among 83 low-income, primarily African-American mothers of elementary school age children. Results indicate that a mother’s experience of abuse as a child predicts later risk for abusive parenting as measured by child abuse potential scores. However, our data also indicate that the relationship between maternal experience of child abuse and later child abuse potential is mediated by maternal emotional dysregulation and negative affect.     

通过语言体察法律现象:哈特与日常语言分析哲学

语言不一定要反映现实,而是使现实在语言的层面上得到理解. --题记** 为了真正理解一个思想家的思想,我们必须从思想渊源的角度考察该思想家曾经受到哪些思潮的深刻影响,这种影响是如何体现在思想家本人的著述当中的.     

How Employee Race Moderates the Relationship Between Non-Contingent Punishment and Organizational Citizenship Behaviors: A Test of the Negative Adaptation Hypothesis

The negative adaptation hypothesis states that Black employees, but not White employees, have psychologically adapted to the occurrence of interpersonal mistreatment in organizations because they experience more negative events across different domains of social life than Whites. Consequently, Blacks react less strongly to the same level of actual interpersonal mistreatment compared to Whites. The authors applied this prediction to the relationship between non-contingent punishment and organizational citizenship behaviors (OCB). As expected, in a field study among 456 manufacturing plant workers, the relationship between non-contingent punishment and supervisory-rated OCB was negative and significant for Whites, but not for Blacks. Implications for the study of race, interpersonal mistreatment, and the perpetuation of racial inequalities in organizations are discussed.

论依法治国条件下党与司法的关系

在改革的实践中 ,“党政分开”往往注重的是执政党与行政的关系 ,对司法领域的党政关系则未给予足够的重视。而对于社会主义法治国家建设来说 ,执政党与司法之间的关系问题是一个必须解决好的重大理论和实践问题。这个问题的具体内涵是 :建立一种什么样的体制和通过一种什么样的途径既能够实现党对司法工作的领导 ,又能够避免党的各级领导干部对具体司法过程的干预 ,从而实现审判权和检察权的独立行使和司法公正。这个问题又可进一步归结为相互关联的三个命题 :当代中国的司法工作为什么必须坚持共产党的领导 ;理论上如何界定党与司法之间的…     

An Examination of the Relationship Between Media Exposure and Fear of Victimization: Implications of the Superpredator Narrative on Juvenile Justice Policies

The media allow crime to infiltrate the public’s consciousness in every conceivable way, thereby playing a major role in shaping the public’s opinion and attitude toward crime and crime issues (Barak, 1995; Fields & Jerin, 1996; Kappeler & Potter, 2005). Reporters constantly talk about crime, and crime related stories dominate the headlines of local and national newspaper outlets (Dowler, 2003; Pizarro et al, 2007). Some of the most highly rated television programs are based on crime plots and people across social, political, and racial demographics are constantly engaged in crime dialogue generated from local or national news stories. When the focus of these mediums is on youth they become even more profound and contentious. The images portrayed conjure up stereotypes that lead to fear and inflammatory remarks that become entrenched into the national lexicon. The current study uses data from the National Opinion Survey of Crime and Justice to test the relationship between crime-related media viewership and fear of victimization within a nationally representative adult sample. Approximately 42.67% of respondents reported regularly watching crime shows and about the same proportion (42.83%) believed their local media paid too much attention to violent crime. In addition to regular crime-show viewership, confidence in the police, gender, and recent contact with the police were associated with fear of victimization. This article adds to an existing body of research through a largely unexplored area in the administration of justice. It does so within the context of the U.S. juvenile justice system.     

Using Propensity Score Matching to Understand the Relationship between Gang Membership and Violent Victimization: A Research Note

Due to methodological limitations, such as unmatched gang samples and a lack of longitudinal investigations, it remains unresolved whether joining a gang leads to future violent victimization or both share a set of common causes. Guided by selection, facilitation, and enhancement perspectives, the current study applied Propensity Score Matching on data from the Gang Resistance Education and Training longitudinal study to investigate the nature of the gang‐violent victimization relationship. Results indicated antecedent differences between those who did and did not join gangs, particularly violent victimization and delinquency. When gang and non‐gang members with similar propensities for joining were matched, the relationship between gang membership and violent victimization dissipated. Findings suggest policy attention to early delinquency and victimization risk factors generally.     

超越社科法学与法教义学的纷争——特集导读

一、本期专集的内容简介本期“法律与认知科学”专集一共收录了四篇论文。此处,先对其内容作一简要介绍。成凡的《法律认知和法律原则:情感、效率和公平》一文写作于2014年之前。该文只在法律和认知科学的一个学术会议上宣读过——但它却是2014年之后国内诸多法律和认知科学研究成果的基础。在葛岩老师组稿的《法律与社会科学》2017年第2期“法律和认知科学”特集中,成凡所著的《权利来自于哪里:法律与认知的视角》一文是该文的姊妹篇。     

Revisiting the Use of Propensity Score Matching to Understand the Relationship between Gang Membership and Violent Victimization: A Cautionary Note

Previous research has consistently reported that gang members are more likely to experience violent victimization compared to non‐gang members. Recently, however, a study challenged this conventional wisdom using the Gang Resistance Education and Training (GREAT) data. Employing propensity score matching (PSM), this study reported no significant differences in violent victimization between gang and non‐gang members. Upon closer examination of the GREAT data and the PSM process used in this study, we note several theoretical, methodological, and statistical concerns. We reanalyze the GREAT data using both negative binomial regression and PSM. We find that self‐reported gang members were significantly more likely to report subsequent violent victimization compared to non‐gang members. Although contrary to this previous study, our findings are consistent with the bulk of previous empirical research and widely held beliefs about the relationship between gang membership and violent victimization.     

From War to Prison: Examining the Relationship Between Military Service and Criminal Activity

In February of 2008 the New York Times ran a series—War Torn—on Iraq and Afghanistan war veterans and their adjustment to civilian life upon return from the war zone. The authors assessed the criminal involvement of veterans by using newspaper accounts and other open source data to identify homicides in which the offender was an Afghanistan or Iraq war veteran. This particular aspect of the series drew a great deal of criticism, in part because of disagreements about the wisdom of the wars, but also because the sources of data used were perceived as less than systematic and accurate. This series and the debate that it engendered raised once again to prominence the issue of whether veterans are disproportionately involved in crime upon their return from service and specifically from combat assignments. The series also raised the question of whether media accounts of violent behavior by returning combat veterans are simply anecdotal or if they portend a more system-wide problem. This paper uses data from the Surveys of Inmates of State and Federal Correctional Facilities and the Current Population Surveys from 1985 to 2004 to estimate more systematically the prevalence and nature of the offending by military veterans in civilian society. The study seeks to avoid some of the methodological weaknesses of earlier studies that examined the criminal behavior of returning veterans. Specifically, the research considers whether criminal behavior, as reflected in the likelihood of imprisonment, is affected by military service, era of service, or service during wartime after controlling for social and demographic characteristics associated with offending. The findings indicate that military service in general is not predictive of incarceration when key demographic and social integration variables are taken into account. Service during wartime was found to be inversely related to subsequent incarceration, while veterans of the post-1973 All Volunteer Force were more likely to be incarcerated than were civilians and veterans who served during the draft era.     

Between Procedural Impermeability and Constitutional Openness: The Italian Constitutional Court and Preliminary References to the European Court of Justice

On 15 April 2008, the Italian Constitutional Court (ICC) raised for the first time a preliminary question to the European Court of Justice (ECJ). This decision (see judgment No 102/2008 and order No 103/2008) represented a turning point in the ICC's case‐law, and calls for a careful assessment of the motives backing such revirement as well as of the legal reasoning that the Italian judges used to wrap it up without repudiating their previous case‐law. In addition to this preliminary analysis, the aim of this essay is to explore two themes: i) the developments of the ICC's case‐law as regards the role of Community Law and the ECJ, and ii) the appraisal of the interplay between the ICC and the ECJ in the light of the notion of ‘interpretive competition’.     

在合同自由与社会公益之间——特许权配置解析

纵向限制一直是反垄断法规制的难点,这是因为此类行为多有促进品牌间竞争和抑制品牌内竞争的双重效应,如何取舍殊为不易。美国反托拉斯法对地域限制等纵向限制行为的百年规制历史表明:借助普通法合同自由与社会公益的二元分析框架来界定特许权限范围存在知识上的缺陷,只有同时引入经济分析等其他分析工具才可能对特许权的恰当配置作出更为理性的判断,过于膨胀的权利话语无益于复杂经济问题的解决。     

The Time Penalty: Examining the Relationship Between Time to Conviction and Trial vs. Plea Disparities in Sentencing

Although studies of sentencing routinely find that defendants who plead guilty receive relatively lenient sentences compared with similarly situated defendants convicted by trial, we have yet to fully understand the role of “mode of conviction” in the sentencing process. In particular, we know little about how the size of the disparity between guilty pleas and trial convictions may depend upon time in case processing, or the timing of pleas; that is, when during the process defendants plead guilty. This is a considerable issue, as “time” often is central to explanations given for plea-trial disparities. The current study examines this central, yet seldom empirically captured, dimension of the sentencing process. Using information gathered in an ancillary data collection effort operated under the supervision of the American Terrorism Study, we differentiate between the mode of conviction and time to conviction and explore the role of “time” in sentence severity, especially with regard to the plea-trial disparity. While consisting of defendants identified in connection with terrorism investigations, and sentenced in federal courts, our study takes advantages of a unique opportunity to isolate the effects of time from the mode of disposition and to explore time correlates of sentencing outcomes. In doing so, we raise important questions about the multiple ways in which time and mode of conviction may affect sentencing more generally and contribute to the larger theoretical discussions of how punishment decisions are made.     

A Hard Time to Be a Father?: Reassessing the Relationship Between Law,Policy, and Family (Practices)

This article seeks to unpack the way in which a constellation of ideas around what it means to speak of 'good fatherhood' has come to inform a series of debates, after the election of the New Labour government in 1997, around the content and contours of paternal responsibility. Via a focus on family law and recent developments around the idea of 'work-life' balance, it discusses the concepts underpinning present debates. In questioning the still-powerful (if frequently unspoken) influence of social constructionist ideas of sex/gender, it explores and question how men's 'family practices' have been understood.     

增强执政能力与提高参政水平的互动关系

历史证明,中国共产党的执政能力与民主党派的参政能力是相辅相成、不可分割的。中共的执政能力不强,民主党派的参政能力也不会强;反之,如果民主党派的参政能力不强,中共的执政能力也不会强。当中共提出加强执政能力建设问题时,如何提高参政议政水平,也成为作为参政党的各民主党派必须引起高度重视的重大问题。