Reactions to Perceived Fairness: The Impact of Mortality Salience and Self-Esteem on Ratings of Negative Affect

In correspondence with terror management theory, the findings of two experiments show that reminders of death lead to stronger effects of perceived fairness on ratings of negative affect. Furthermore, in line with the theory's self-esteem mechanism, results of Experiment 1 suggest that state self-esteem may mediate this relationship between mortality salience and fairness. In further correspondence with the self-esteem mechanism, findings of Experiment 2 reveal that introducing an activity (after reminders of death and before the fairness manipulation) with which people can reaffirm positive conceptions of themselves leads people to react less strongly to variations in fairness than not introducing such a self-affirmation activity. These findings suggest that people react especially strongly to perceived fairness when they are in need for a boost in their self-esteem. Implications for the psychology of fairness are discussed.     

Firing Back at the Backfire Effect: The Influence of Mortality Salience and Nullification Beliefs on Reactions to Inadmissible Evidence

Two studies were conducted to explore psychological factors that contribute to the influence of inadmissible evidence (i.e., the backfire effect) on jurors' verdicts. On the basis of hypotheses derived from terror management theory, we predicted that reminders of mortality, in contrast to an aversive control topic, should lead participants to be less punitive when confronted with inadmissible (as opposed to admissible) evidence, when participants were either situationally induced or dispositionally prone to follow their personal sense of justice. In Study 1, control participants who scored high on a measure of nullification beliefs, and thus were prone to relying on their own sense of justice rather than the law, exhibited the backfire effect. However, reminding participants of their mortality reduced the damaging influence of inadmissible evidence. Study 2 extended these findings by showing parallel effects with a manipulation of nullification proneness via judicial instructions. The implications of these factors on the judicial process are discussed.     

Vicarious Annihilation: The Effect of Mortality Salience on Perceptions of Hate Crimes

Previous research has found that reminding participants of their mortality creates a need for individuals to maintain and defend subjective cultural worldviews. As a result, mortality salient participants typically strive to uphold legal sanctions and also react negatively to individuals who espouse alternative worldview beliefs, exhibiting behaviors toward those targets ranging from verbal derogation to physical aggression. This paper extends this line of research by examining perceptions of hate crimes. Hate crimes represent a unique class of crime where both the perpetrator and victim may be viewed as worldview violators. Study 1 revealed that mortality salient participants were more supportive of hate crime legislation than were control participants when hate crimes were described in abstract terms and no specific victim was mentioned. In Study 2, a specific victim who posed a potential worldview threat was identified. In this case, mortality salient participants were less punitive toward offenders who attacked these specific worldview-threatening victims.     

Real Personal Uncertainty Induced by Means of Task-Related Feedback: Effects on Reactions to Voice and No-Voice Procedures

Building and extending on research on uncertainty management and voice and no-voice procedures, we examine how real personal uncertainty moderates the way in which people react to getting or being denied an opportunity to voice one??s opinions about decisions to be made. Specifically, results of two experiments show that conditions in which participants receive task-related feedback that induces personal uncertainty (versus conditions that produce more personal certainty) lead to stronger effects of voice and especially no-voice procedures on participants?? procedural fairness judgments (Experiments 1 and 2). Findings also reveal that in these conditions stronger effects of voice and particularly no-voice procedures can be found on participants?? anger about the way they have been treated, especially when participants are predisposed to react in intense terms to affect-related events (Experiment 2). Implications for the literature on uncertainty management and the social psychology of voice and no-voice procedures are discussed.     

Salience and Symmetry-breaking in the Evolution of Convention

Law and Philosophy -     

Personality and Ability Effects on Reactions to Argumentative Unfairness

The study focusses on the relationship of personality and reactions to unfair argumentative contributions. Unfair contributions were embedded in four argumentative episodes and presented in written, auditory, and role-play mode. Each participant's cognitions, emotions, and verbal responses were assessed and aggregated across the four episodes. Although no differences in evoked cognitive, emotional, and verbal responses arose between the different presentation modes, the identification of unfair contributions and the verbal responses' collaboration depended on the participants' cognitive abilities and personality traits. Implications for theory and practice of social justice research are discussed.     

Perpetrator Personality Effects on Post-Separation Victim Reactions in Abusive Relationships

Previous research has examined the influence of the abusive personality (Dutton, 1994a,b) on relationship dynamics. Men with high scores of abusive personality (borderline personality organization, anger and MCMI8: Negativity) generate more frequent and extreme forms of physical and emotional abuse in intimate relationships. Other lines of research have examined the role of these relationship features in influencing post-separation adjustment in women. The current study combines two data sets; one bearing on the first of these issues, the other on the second issue, in order to connect characteristics of the perpetrator's personality to post separation aspects of victim reaction. Substantial associations are found between abusive personality and relationship dynamics and between the latter and persistent attachment, trauma symptoms, and lowered self esteem in battered women.     

辩护律师有效辩护的评价及其实现

审判中心主义是一个刑事诉讼程序内的话语,在该话语体系中,犯罪嫌疑人、被告人的辩护权有效行使是庭审实质化不可缺失的构成要素。我国《刑事诉讼法》第37条的规定是有效辩护的评价标准。评价主体是当事人和法律职业者。辩护律师有效辩护的评价标准,是律师诉讼程序的过程标准,而不是以案件的司法裁判结果为标准。可视性的辩护律师有效辩护的实现方式,是改革现行法庭审判程序的简单化运作模式,改革刑事判决书、裁定书对辩护律师辩护观点的评述,扩大庭审网络同步直播的案件范围,许可被告人以律师辩护无效为由提起上诉,许可辩护律师将未决案件争议点诉诸于公共领域,接受当事人和社会民众的检视。     

Worldview and Methodology of Advancing the Construction of the Rule of Law in China

This work discusses a worldview and a methodology concerning ideological approaches by which Marxists can understand and transform the world, based on well-defined value truth, theory and philosophy. The work builds on the Report to the 20th National Congress of the Communist Party of China (CPC), which highlights the following priorities to which XI Jinping Thought on Socialism with Chinese Characteristics for a New Era must adhere: putting the people first, maintaining self-confidence and self-reliance, upholding fundamental principles and breaking new ground, adopting a problem-oriented approach, applying system thinking, and maintaining a global vision. Furthermore, this work argues that these priorities should be applied to promote the rule of law in China’s new journey. As the starting points of analysis and understanding, the meta-theory and “six must-dos” follow the general principles of Marxism in interpreting and promoting socialist concepts, theory, law-based path and legal system in the New Era with Chinese characteristics. The metatheory and the “six must-dos” provide the logical foundations and fundamental compliance with XI Jinping Thought on the Rule of Law. Only by applying these “six must-dos” well can we understand and implement XI Jinping Thought on the Rule of Law, enhance the rationality, initiative, foresight and creativity of our work in comprehensively promoting the rule of law in China.     

In Defense of Asbestos Tort Litigation: Rethinking Legal Process Analysis in a World of Uncertainty, Second Bests, and Shared Policy-Making Responsibility

A central question in American policy making is when should courts address complex policy issues, as opposed to defer to other forums? Legal process analysis offers a standard answer. It holds that judges should act when adjudication offers advantages over other modes of social ordering such as contracts, legislation, or agency rule making. From this vantage, the decision to use common law adjudication to address a sprawling public health crisis was a terrible mistake, as asbestos litigation has come to represent the very worst of mass tort litigation. This article questions this view, arguing that legal process analysis distorts the institutional choices underlying the American policy‐making process. Indeed, once one considers informational and political constraints, as well as how the branches of government can fruitfully share policy‐making functions, the asbestos litigation seems a reasonable and, in some ways, exemplary, use of judicial power.     

我国刑事辩护制度的回顾与展望

修改后的《刑事诉讼法》在完善刑事辩护制度方面取得了重大进步,一些困扰刑事辩护的突出问题基本获得解决。值此之际,回顾过去,展望未来,一方面为立法上取得进步而欣慰;另一方面也应当清醒地认识到,完善后刑事辩护制度的切实贯彻实施还任重道远。     

Examining the Salience of Marriage to Offending for Black and Hispanic Men

Despite a considerable body of research demonstrating the beneficial effects of marriage for criminal desistance, data limitations have resulted in much of this work being based on predominantly white, male samples. In light of the rapidly changing demographic landscape of the US—and particularly the tremendous growth in the Hispanic population—the question of whether the benefits of marriage are generalizable to racial and ethnic minorities is an important one. This research extends prior work on the relationship between marriage and offending by assessing whether the benefits of marriage for criminal offending extend to today’s racial and ethnic minority populations. Using a contemporary sample of 3,560 young adult Hispanic, black and white males followed annually for 13?years spanning the transition to adulthood, we find that while marriage is a potent predictor of desistance for all groups, the benefits of marriage vary substantially across both race and ethnicity.     

法律之根与法律之辩

<正>或许柏拉图《法律篇》的任何读者的最现成的假设是——只要由于看到它的标题——它的首要目的就是提供富有哲学批判意义的法典。虽然仅仅是大量篇幅的文字不足以表明一部伟大的书面作品具有引领作用,但它是毫无价值的,正如对《法律篇》的希腊文本最具权威的评论学者E.B.英格兰所发现的,《法律篇》至少三分之二的篇幅都是在"谈论法律",而不是"实际的立法"。如果法理学是"实际的     

Debate on patentability of biotechnological studies in Turkey.

The article examines the legislative attempts to regulate the protection of biotechnological inventions through patent in Turkey. In line with the membership process of Turkey to the European Union, the Turkish Draft Law on the Protection of the Patent Rights is in compatible course with the Directive 98/44 EC of the European Parliament and of the Council on the Legal Protection of Biotechnological Inventions. According to, the present article holds a critical view towards the Turkish Draft Law on the Protection of the Patent Rights and the EU Directive. Concepts of invention, discovery, simple and qualified invention that are in the both instruments are especially examine.     

建立刑事辩护准人制度提高刑事辩护质量——“中国刑事辩护30年暨刑事辩护准入材度”国际研讨会综述

2008年11月1日-2日,由中国社会科学院法学所、国际司法桥梁与中国行为法学会律师执业行为研究会共同主办的“中国刑事辩护30年暨刑事辩护准入制度”国际研讨会在北京昆泰大酒店成功举办。来自全国人大内务司法委员会、法律工作委员会、最高人民法院、最高人民检察院、公安部、司法部、全国律师协会、北京市律师协会以及山东、四川、陕西、河北等公、检、法、司、律师事务所和法律援助中心的实务界人士,专家70余人参加了此次会议的研讨。     

建立刑事辩护准入制度实现刑事辩护专业化——兼与张青松律师商榷

一、问题的提出 从比较法考察的视角，辩护权是一项被普遍承认的权利。尽管世界各国的政治体制、社会制度、意识形态、文化传统不同，但是，被指控人有权获得辩护却是公认的法律原则，并且得到国际社会的高度认同。从历史考察的视角，在固属自然权利之辩护权中，律师辩护权是一项能将被指控人的辩护权真正还原为一种现实权利的派生权利，所以，“刑事诉讼的历史就是扩大辩护权的历史”。     

Religion in the Legislative Arena: Affiliation,Salience, Advocacy,and Public Policymaking

Religion is a complex and multidimensional phenomenon that informs politics in various ways. This article examines the effects of religious affiliation, religious salience, and religious group advocacy on roll‐call voting in the Wisconsin state legislature. Various studies have demonstrated the impact of religious affiliation on legislative politics, but our use of additional religious indicators allows us to model the religious effect in a more accurate and nuanced manner. Using data from an original survey of state legislators, we utilized structural equation modeling to measure the direct and indirect effects of these religious factors on both the general pattern of roll‐call voting and voting on a high‐salience issue, abortion. Ultimately, the findings indicate that, even when we control for political party affiliation, which is a dominant influence on roll‐call voting, conservative Protestant religious affiliation and high religious salience influence legislative voting. We conclude with a discussion of the implications for future studies of religion in the legislative arena.     

Cognitive Salience of Subjugation and the Ideological Justification of U.S. Geopolitical Dominance in Japan

To explore the causal role of cognition about subjugation in the justification of the geopolitical status quo, Japanese attitudes about U.S.–Japan relations were assessed after experimentally making salient either Japan’s dominance or subjugation regarding the United States. In addition, participants completed measures of ideology, including system justification, social dominance orientation, and right-wing authoritarianism. Results demonstrated that those reminded of Japan’s geopolitical subjugation to (but not dominance over) the U.S. endorsed U.S. hegemony to the degree that system justification motivation was high. Findings suggest that (a) international hierarchies have attitudinal consequences that may be especially pronounced among those who endorse the status quo, and (b) current Japanese policy-related attitudes are influenced by the salience of U.S. hegemony in Japan.     

Regulations and organ transplantation in Turkey.

The concrete expression of ethical values in legal arrangements may require a long period. In our experience, this period can sometimes be quite brief when it comes to bioethical issues, as it can be seen in the legal arrangement in Turkey concerning organ transplantations. Turkey can be considered a fortunate country with respect to legal arrangements for organ transplantation in that laws on organ transplantation in Turkey date back to twenty years ago. At the time this law went into effect, the ethical discussion on this issue were yet to begin. The rationale behind the law was to prevent physicians from legal prosecution due to organ transplantation. Yet, the attempt to place organ transplantation into a certain legal framework alleviates our ethical concerns.