The Ecological Validity of Jury Simulations: Is the Jury Still Out?

Despite the need to assess the ecological validity of jury simulation research before generalizing from simulations to the behavior of real jurors, surprisingly little jury research has directly addressed issues of validity. The present paper reviews the extant research on two aspects of the validity question—specifically, research that has compared different samples of mock jurors, and research that has manipulated the medium of trial presentation. In addition, jury simulation research published in the first 20 years of Law and Human Behavior is analyzed with respect to these variables. The majority of simulations used student-jurors and presented the trial in written form. Additionally, the methodology of simulation research has actually become less realistic over time. However, this trend is not necessarily cause for concern, as a review of the literature reveals little research that has obtained differences between different mock juror samples or different trial media.     

Justice for All? Factors Affecting Perceptions of Environmental and Ecological Injustice

Moving beyond the typical focus on individual injustices, we examine individual-level and contextual factors affecting perceptions of justice with regard to the environment. Specifically, we examine decision-making procedures pertaining to environmental resource use and harms across groups of people; the distribution of environmental harms; and the direct treatment of the natural environment (i.e., procedural environmental justice, distributive environmental injustice, and ecological injustice, respectively). To test our hypotheses, we use data from a survey administered to a cohort of first-year college students at a southeastern university. Results demonstrate that environmental identity and perceptions of the extent to which the university context encourages sustainability consistently enhance perceptions of all three types of justice. Other factors differentially affect each type of justice. We discuss the importance of the patterns that emerge for environmental and sustainability education and speculate on the implications of moving from thinking about (in)justice related to the environment as an individual issue to one of the collectivity.     

Neighborhood Social Ties and Shared Expectations for Informal Social Control: Do They Influence Informal Social Control Actions?

Objectives

Social disorganization states that neighborhood social ties and shared expectations for informal social control are necessary for the exercise of informal social control actions. Yet this association is largely assumed rather than empirically examined in the literature. This paper examines the relationship between neighborhood social ties, shared expectations for informal social control and actual parochial and public informal social control actions taken by residents in response to big neighborhood problems.

Methods

Using multi-level logistic regression models, we integrate Australian Bureau of Statistics census data with the Australian Community Capacity Study survey data of 1310 residents reporting 2614 significant neighborhood problems across 148 neighborhoods to examine specific informal social control actions taken by residents when faced with neighborhood problems.

Results

We do not find a relationship between shared expectations for informal social control and residents’ informal social control actions. Individual social ties, however, do lead to an increase in informal social control actions in response to ‘big’ neighborhood problems. Residents with strong ties are more likely to engage in public and parochial informal social control actions than those individuals who lack social ties. Yet individuals living in neighborhoods with high levels of social ties are only moderately more likely to engage in parochial informal social control action than those living in areas where these ties are not present. Shared expectations for informal social control are not associated with the likelihood that residents engage in informal social control actions when faced with a significant neighborhood problem.

Conclusion

Neighborhood social ties and shared expectations for informal social control are not unilaterally necessary for the exercise of informal social control actions. Our results challenge contemporary articulations of social disorganization theory that assume that the availability of neighborhood social ties or expectations for action are associated with residents actually doing something to exercise of informal social control.

     

Do Social Services Matter for Child Maltreatment Prevention?: Interactions between Social Support and Parent's Knowledge of Available Local Social Services

Despite wide recognition that increased social support is associated with positive parenting behaviors, there is limited understanding regarding the mechanisms through which the neighborhood context can increase or hinder social connections. In a sample of 1,050 parents in Franklin County, OH, this study examines the role of availability of social services in child maltreatment. Through negative binomial regression, the study finds that greater availability of social services is associated with lower levels of child abuse and neglect. Additionally, the availability of social services moderates the relationship between social support and child maltreatment, such that the relationship between social support and child maltreatment is weaker for parents in neighborhoods with greater availability of services. The findings suggest that increasing services and awareness of such services might be an opportunity for child maltreatment prevention.     

Privacy and Search Engines: Forgetting or Contextualizing?

This article considers the much‐criticized ‘right to be forgotten’ in the context of the European Court of Justice's judgment in the Google Spain case. It defends the ‘right to be forgotten’ as a metaphor that can provide us with a better understanding of the particular privacy concerns of the search‐engine age and their interaction with the freedom to access information, and draws on Goffman's idea of ‘information games’ and Nissenbaum's theory of ‘contextual integrity’. While supporting the principles that underpin the judgment, the article rejects the Court's binary approach of ‘forgetting’ versus ‘remembering’ personal information. Instead, it argues that the EU legislator should introduce more nuanced means of addressing modern privacy concerns. By establishing two remedies – ‘delisting’ or ‘reordering’, depending on the nature of the information – online information flows can be adjusted to preserve both the right to privacy and the freedom to access information in more contextually appropriate ways.     

Beyond State Consent? International Legal Scholarship and the Challenge of Informal International Law-Making

Netherlands International Law Review - The article explores scholarly attempts to come to terms with the phenomenon of informal international law-making in its multiple manifestations. It is shown...     

Social Citizenship,Housing Wealth and the Cost of Social Care: Is the Care Act 2014 ‘Fair'?

This article assesses the extent to which it is ‘fair’ for the government to require owner‐occupiers to draw on the equity accumulated in their home to fund their social care costs. The question is stimulated by the report of the Commission on Funding of Care and Support, Fairer Care Funding (the Dilnot Commission) and the subsequent Care Act 2014. The enquiry is located within the framework of social citizenship and the new social contract. It argues that the individualistic, contractarian approach, exemplified by the Dilnot Commission and reflected in the Act, raises questions when considered from the perspective of intergenerational fairness. We argue that our concerns with the Act could be addressed by inculcating an expectation of drawing on housing wealth to fund older age: a policy of asset‐based welfare.     

Beyond the Law?: The Justice of Deconstruction

This paper offers a close reading of Derridas essay Force of Law that emphasises the twin strengths of a deconstructive approach to questions of law and justice -- textual analysis and political context. Derridas interest is in limit or test cases, and so he engages with the fraying edges of the law, its borders, the frontiers that are most heavily policed because they are most fragile, for example capital punishment, genocide, general strikes and terrorism. Derrida undertakes an exploration of violence through a reinterpretation of Walter Benjamins Critique of Violence. At the heart of Derridas difficult argument is a demand for justice that goes beyond the cataloguing of specific injustices, and beyond the terms of Benjamins critique. The utopian impulse that underpins Force of Law is carried over into Specters of Marx, Derridas recent explicit grappling with the legacy of Marxism. The links between these two texts by Derrida implies a sustained politics of radical commitment on the part of deconstruction, a commitment to future forms of legality and egalitarianism, a theory of justice posited upon prescience rather than precedent.     

Family Law: Values Beyond Choice and Autonomy?

Law and Philosophy -     

What do Alternative Measures of Peer Behavior Tell Us? Examining the Discriminant Validity of Multiple Methods of Measuring Peer Deviance and the Implications for Etiological Models

Deviant behavior tends to be more strongly correlated with respondents’ perceptions of peer deviance than with actual peer deviance. However, research has yet to discern between two interpretations of this finding. On one hand, respondent perceptions of peer deviance may simply be “biased” indicators of actual peer behavior or alternative measures of one’s own deviance. On the other, respondent perceptions and actual peer deviance may reflect fundamentally separate constructs. The present study uses two separate statistical methods to discern the empirical validity of each interpretation. It then illustrates the importance of the measurement results with a series of cross-lagged panel analyses assessing how a researcher’s operationalization of peer deviance impinges upon conclusions about the bidirectional relationship between personal and peer deviance. Measurement results across two separate behavioral domains (property crime and substance use) suggest that actual peer deviance items reflect a construct fundamentally separate from both personal and perceived peer deviance. Likewise, results fail to support the claim that peer deviance items are simply alternative measures of one’s own deviance. Cross-lagged structural equation results are consistent with the notion that personal deviance affects both later perceptions of peer deviance and actual peer deviance. Yet, null or very weak effects of either peer deviance measure on personal deviance are observed. In light of our findings, we discuss the necessity for new theorizing concerning the complex relations among personal behavior, perceived peer behavior, and actual peer behavior.     

Interdisciplinarity and the Authority Paradigm: Should Law Be Taken Seriously by Scientists and Social Scientists?

This article questions whether those outside law should take law seriously as an intellectual discipline capable of contributing to the development of epistemological thinking in the natural and social sciences. The discipline is approached from a diachronic and synchronic position with emphasis on the civil law tradition. It will be shown that the governing paradigm in legal studies has always been the 'authority paradigm', which results in law being closer to theology than to the social sciences. Its principal actors (judges) make assertions free from the normal constraints of scientific method; accordingly, the idea of a 'legal science' (imported into the common law tradition after 1846) must be treated with great caution. It is not a science dedicated to enquiring about the nature of the physical world, society or social relations. Its epistemological development remains trapped in the seventeenth and eighteenth centuries: thus, as a discipline, law has little to offer other social sciences.     

Beyond the European void? Reflections on Peter Mair's legacy

Peter Mair was one of the world's leading scholars of party politics. Though he wrote at some length about the European Union, there has been no systematic exploration of the implications of his comparative work on political parties for European integration. His writings on the EU have generally been studied in isolation from his wider oeuvre, with the result that we have missed the important analytical and logical connections between Mair's work on parties and his writings on the EU. This article argues that Mair's path‐breaking middle‐range theoretical and empirical work on the decline of party democracy can form the basis of a radical reappraisal of the project of ‘ever closer union’. The article studies Mair's arguments against the backdrop of more recent empirical evidence and evaluates the normative implications of his work for the future of the European project.     

‘Mastaans’ and the Market for Social Protection Exploring Mafia Groups in Dhaka,Bangladesh

This paper presents a study of mafia groups in Bangladesh. Drawing on the views and experiences of 22 street children, 80 interviews with criminal justice practitioners, NGO workers and community members and over 3 years of participant observation of the criminal justice system, the paper considers the ‘mastaans’: Bangladeshi mafia groups. The article draws on both theories of protection and behaviour to develop a social protection theory of the mafia. The article considers the social networks of mastaan groups, their prevalence, where they operate, divisions of labour, the crimes that they commit and the associations that they have with politicians and the police. The paper demonstrates that mastaans work in alliance with corrupt members of the state and they provide access to services, resolve disputes, commit extortion and carry out a wide array of criminal activity, much of which relies on their monopolisation of violence to protect their illegal industries. The paper demonstrates—for the first time—that mafias operate in Bangladesh and draws on data gathered from both adults and children, the implications of which are discussed.     

Social Control and Emancipation ? Ambiguities in Child Welfare

Child welfare may be regarded either as a tool used by the authorities to exercise social control over family life, or as a weapon supporting the cause of children, striving to emancipate them from both parental and societal neglect or oppression. Research into Norwegian child welfare in the period since the Second World War reveals an ambiguous picture: the intervention of the state into family life signals both tightening social control of all family members and emancipation of the less powerful from patriarchal rule. As the rights and needs of children are considered more important, the control of parents, especially the mother, is increased. The central position of children and their interests have been strengthened in child welfare legislation. However, it is not the child, but the child welfare officials who define what is 'in the best interest of the child'. Post-war development has not granted children autonomy. Child welfare legislation is still mainly paternalistic. In child welfare casework, there is a danger that the lived experience of the child never emerges from the shadows cast by the interaction between adults. In relation to older children who came in contact with child welfare primarily because of their own problem behaviour, the ambiguity of emancipation and control has taken a somewhat different shape. The authorities wanted to keep these children out of prison. Humanitarian considerations, however, have been coupled with hopes of more effective crime prevention. In the postwar years, misbehaving children were also embraced by the increasing importance of 'the best interest of the child' as the main objective in child welfare decisions. In order to secure both emancipation and control, 'the best interest of the child' and the state's interest in preventing crime had to be understood as one and the same.     

In Search of Moral Recognition? Policing and Eudaemonic Legitimacy in Ghana

Ghana is widely considered as “a beacon of hope for democracy in Africa” (Gyimah‐Boadi 2010, 137). Yet substantive democratic transformations of policing have stagnated mainly because the police continue to act as a handmaiden of the state and powerful elites. Consequently, the reliance on performance in crime control and order maintenance as the bedrock of colonial police legitimacy (as judged by colonial administrators) has survived unscathed. Anxieties about violent crime, mainly in urban areas, have accompanied the pursuit of neoliberal economics and politics. Having staked their legitimacy on performance, the police view these anxieties and doubts about their effectiveness as potentially de‐legitimating. They have responded in a highly dramatic but violent fashion, including the extrajudicial killing of suspected violent offenders believed to be the cause of feelings of insecurity. This article examines the nature of this pathway to legitimacy.