The legitimization and institutionalization of ‘parental alienation’ in the Province of Quebec

ABSTRACT

This article examines the legitimization and institutionalization of ‘parental alienation’ discourse in the Province of Quebec, Canada. It draws upon an analysis of 31 documents (legislation, research reports and articles, training documents, professional documents and media articles) and interviews with 13 key informants, who were selected based on their knowledge of ‘parental alienation’ in research, policies or practices. The research findings reveal that the legitimization and institutionalization of ‘parental alienation’ discourse is a more recent process than in other provinces and countries, but that it has now permeated child custody as well as child protection proceedings. Academic researchers and media have been instrumental in this legitimization and institutionalization process, while the role played by changes to child protection policies is more ambiguous. The findings reveal researchers’ and experts’ tendency to distance themselves from Gardner’s controversial work on ‘parental alienation syndrome’ and to address the critiques by proposing new approaches and new concepts. However, the terms ‘parental alienation syndrome’, ‘parental alienation’ and ‘alienating behaviours’ are often used interchangeably, and assessment practices tend to rely on similar indicators.     

Drug trafficking,the informal order,and caciques. Reflections on the crime-governance nexus in Mexico

ABSTRACT

While Mexico is widely considered as an example of consolidated statehood, the deepening of drug-related violence and insecurity has corroborated the existence and expansion of ‘dark spaces’ governed by coalitions of state and non-state actors driven by criminal and political interests. In contrast to the prevailing interpretations and public narratives, I will argue that it is historically and conceptually flawed to understand such expressions of limited statehood solely in terms of the proliferation of criminal organisations and the exacerbation of the so-called war on drugs only. Instead, I will examine the historical patterns in Mexican state-making, in which actors and practices of political ordering outside the state properly speaking exercise multiple forms of de facto sovereignty and governance. These arrangements, including caciquismo, accommodate distinct crime-governance manifestations. The article substantiates its claims by looking at the examples from different periods and regions such as Sinaloa, Sonora and Michoacán.     

Freedom to think – the value of multiple clinical narratives in women’s prisons†

Abstract

The merits of being multi-lingual are widely recognised. This paper considers the application of this metaphor to the conceptualisation of clinical work in a women’s prison. We suggest that sharing ‘languages’ from different theoretical orientations in open fora enables teams to build deep and nuanced understandings of clinical and systemic complexity, of particular value in secure settings. This discussion reflects the service model developed and used within HMP/YOI Holloway, a large women’s prison in London, which has recently been closed. We utilise a case example, with formulations and recommendations from several perspectives, to illustrate the value of maintaining a rich, inclusive discourse. We describe the benefits of such an approach to staff teams, to institutions and to those we serve, and consider the implications for organisation of services to maximise potential for change and recovery.     

Terms of service and bills of rights: new mechanisms of constitutionalisation in the social media environment?

ABSTRACT

From a cursory look at the terms of service of the main social networking websites, it is immediately possible to detect that Facebook’s show a peculiar configuration. Although they represent a mere contract between private parties, these terms adopt the traditional jargon of constitutional texts and articulate their contents in terms of rights, principles and duties. This curious pairing between norms regulating social media and the constitutional sphere is also apparent in a series of non-binding documents that are unequivocally named ‘bill of rights’ and seek to articulate a set of principles to protect social media users. This paper examines whether the emergence of a constitutional tone in this limited number of texts could be related to the effective, or aspirational, constitutional function that these documents exercise. The identification of a series of significant shortcomings will lead to exclude that social media’s terms of service and bills of rights of social media users currently play a constitutionalising role. Nevertheless, the possibility to theoretically justify the use of these documents as mechanisms of constitutionalisation in the social media environment will be adduced as an evidence of the potential constitutional aspirations of these texts.     

Gangs and governance in Russia: the paradox of law and lawlessness

ABSTRACT

The paper addresses the nature of gang governance. It questions the notion that gangs regulate social and economic transactions and create stable orders in certain territories. It shows that, while presenting themselves as upholders of the ‘law’ in their territory, the gangs also create a climate of uncertainty and fear. The gangs manipulate their own unwritten rules and set up traps for residents and businessmen. These traps are designed to deprive non-gang civilians of presumed rights and identities and extort their money. The paper uses Schmitt’s notion of ‘state of exception’ and Agamben’s idea of ‘bare life’ to explain how gangs function.     

Social rights,child rights,discrimination and devolution: untangling the web

Abstract

This article examines judicial reviews of two areas of social security policy and practice in the UK – the household benefit cap and the restriction of bereavement benefits to bereaved spouses and civil partners. While each case ostensibly concerned discrimination against claimants, in practice much of the legal argument centred on the impact on claimants’ children. The judiciary is revealed to be deeply divided on the lawfulness of the acknowledged discrimination. The article considers what lessons can be drawn about the relative weight that ought to be afforded to claimants’ property rights, the best interests of affected children, anti-discrimination provisions and the state’s stated policy imperatives of cost control and administrative convenience. Insights are also sought into whether devolutionary differences can be identified between the approaches of courts in London and Belfast.     

The impact of license plate recognition technology (LPR) on trust in law enforcement: a survey-experiment

Objectives

We examine the extent to which individuals' knowledge of an advanced police technology (license plate recognition or "LPR") may impact perceptions of police. Technologies with the capacity to track individuals' movements are becoming increasingly common in police practice. Although these technologies may yield positive benefits, their use may also heighten community concerns about increased surveillance, data storage, and data security, thereby potentially negatively impacting community-police relationships.

Methods

We utilize a survey-based experiment with randomized assignment of participants (n=405) to investigate the impact of individuals' knowledge of LPR use on a variety of police perceptions, including trust in police, community approval, respect for citizens, and respect for individual rights.

Results

Most respondents were unaware of LPR use prior to the survey. When compared with a control group, respondents who encountered brief mentions of LPR functions on the survey expressed significantly lower levels of trust in police. Additionally, "strong agreement" with other positive statements about police also appears to have declined in this sample in response to LPR information. Notably, the sample contained high pre-existing levels of trust and support for police, factors which may have moderated the impacts of LPR information.

Conclusions

These results support the hypothesis that awareness of LPR use may negatively impact perceptions of police, including trust in police. More generally, although technologies like LPR represent technological innovations, they may also yield unintended consequences, including the potential to undermine police-community relations if adoption decisions are not accompanied by sufficient transparency or community support.

     

It's patently absurd — benefit sharing genetic resources from the sea under UNCLOS,the CBD and TRIPs

Abstract

The United Nations Convention on the Law of the Sea (UNCLOS) establishes a scheme of sovereignty over parts of the seas. The resources of the seas within state jurisdiction covered by UNCLOS are then accessed and shared according to the scheme set out in the Convention on Biological Diversity (CBD), which relies, in part, on patenting according to the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPs). The key findings of this paper are that patents compliant with TRIPs are unlikely to achieve the objects of sharing the benefits from exploiting the genetic resources of the seas because of the significant gaps in UNCLOS and the failure to take into account broad patent claims by non‐residents in benefit sharing arrangements. Consequently, the reliance by the international community on UNCLOS and the CBD for the regulation of benefit sharing, undermines the internationally agreed mandate that the genetic resources of the seas are to be shared and used for the benefit of all.     

‘Notice and staydown’ and social media: amending Article 13 of the Proposed Directive on Copyright

ABSTRACT

This paper critically assesses the compatibility of content recognition and filtering technology or so-called notice and staydown approach with the right of social network platforms and users to a fair trial, privacy and freedom of expression under Articles 6, 8 and 10 of the European Convention on Human Rights (1950) (ECHR). The analysis draws on Article 13 of the European Commission’s proposal for a Directive on Copyright, the case-law of the Strasbourg and Luxembourg Court and academic literature. It argues that the adoption of content recognition and filtering technology could pose a threat to social network platforms and user human rights. It considers the compliance of ‘notice and staydown’ with the European Court of Human Rights’ (ECtHR) three-part, non-cumulative test, to determine whether a ‘notice and staydown’ approach is, firstly, ‘in accordance with the law’, secondly, pursues one or more legitimate aims included in Article 8(2) and 10(2) ECHR and thirdly, is ‘necessary’ and ‘proportionate’. It concludes that ‘notice and staydown’ could infringe part one and part three of the ECtHR test as well as the ECtHR principle of equality of arms, thereby violating the rights of social network platforms and users under Articles 6, 8 and 10 of the Convention.     

Parental alienation (syndrome) in child custody cases: survivors’ experiences and the logic of psychosocial and legal services in Italy

ABSTRACT

Parental alienation (syndrome) is a controversial issue, criticized by experts in different fields. However, this concept is often used by professionals and is frequently cited in courtrooms. This qualitative study focuses on parental alienation and explores women’s experiences as well as legal and social services’ practices in child custody cases. Semi-structured interviews were conducted with separated mothers who were victims of intimate partner violence, and with social workers and psychologists/psychiatrists designated by courts to evaluate parenting skills. Expert reports, psychological assessments and legal documents were also analysed. Results show that professionals endorsed parental alienation and considered it a ‘feminine problem’. Women were often blamed and labeled as ‘engaging in parental alienation’ when they were trying to ensure their children’s safety. Children’s accounts were interpreted as being a result of their mothers’ manipulation. In contrast, fathers were treated as victims of vindictive women who want to keep children to themselves. Men’s violent behaviours were not considered, and their role as fathers was seen as ‘inviolable’. These practices seem to reflect the ‘good-enough father’ approach, according to which the presence of the father is essential for children’s development, regardless of his violent behaviours.     

New challenges for universities in the knowledge triangle

This paper discusses the role of higher education institutions within the framework of the knowledge triangle between academic education, scientific research and innovation, as it has gained importance in recent years as a framework for innovation policies especially in the OECD and Europe. First, complementary concepts of universities’ outreach activities and extended role model such as ‘third mission’, ‘triple helix’, ‘entrepreneurial or civic university’ models and ‘smart specialization’ are reflected against their fit with the concept of the knowledge triangle, also with respect to new requirements for university governance. Second, a new understanding of spillovers between public sectors research and the business sector according to knowledge triangle is presented.

     

Radical Transactionalism: Legal Consciousness,Diverse Economies,and the Sharing Economy

This article proposes an original theoretical approach to the analysis of community‐level action for sustainability, focusing on its troubled relationship to the sharing economy. Through a conversation between scholarship on legal consciousness and diverse economies, it shows how struggles over transactional legality are a neglected site of activism for sustainability. Recognizing the diversity of economic life and forms of law illuminates what we call ‘radical transactionalism': the creative redeployment of legal techniques and practices relating to risk management, organizational form, and the allocation of contractual and property rights in order to further the purpose of internalizing social and ecological values into the heart of economic exchange. By viewing sharing‐economy initiatives ‘beyond Airbnb and Uber’ as sites of radical transactionalism, legal building blocks of property and capital can be reimagined and reconfigured, helping to construct a shared infrastructure for the exercise of collective agency in response to disadvantage sustained by law.     

Free voting in a provincial parliament: The case of ‘same‐sex’ legislation in Ontario, 1994

Previous research on parliamentary free voting, which has been confined exclusively to national parliaments and almost exclusively to the British House of Commons, has found relatively little constituency impact on members’ voting decisions, even on the most contentious issues of social policy. Since sub‐national parliaments tend to be smaller, less professionalised, and (arguably) ‘closer to the people’, it is possible that a more significant ‘constituency connection’ might be observed in these legislative arenas. This study extends the literature on this topic by empirically examining the fate of a recent homosexual rights bill in the Ontario Legislative Assembly. Contrary to expectations, none of the constituency characteristics used in logistical regression models generates a significant MLE coefficient, suggesting that Canadian provincial legislators may be even less sensitive to constituency preferences than their national counterparts.     

Pornography and the construction of misogyny

Summary

In this paper I return to my work in Pornography: Women, Violence and Civil Liberties, the edited volume published in 1992 by Oxford University Press, and subsequently my work on pornography, harm and human rights (Itzin, 1995, 1996a), and to pornography and child sexual abuse (Itzin, 1996b, 1997a,b, 2000a,b,c). I draw from and build on that work and from the contents of the pornography special issue of the Journal of Sexual Aggression (Itzin and Cox, 2000). This paper covers key issues such as legislation and regulation, censorship' and ‘freedom’, the literature on pornography effects, the role of pornography in the aetiology of sex offending and in the construction of desire. In particular, the paper is concerned with theorising aetiology, causality and the ‘epistemology of public policy’ on pornography. It draws from and builds on the scholarship and activism of radical feminism in conceptualising and campaigning against pornography-related harm.     

Running the gauntlet: An examination of initiation/hazing and sexual abuse in sport

Abstract

When does sport initiation become sexual abuse? What can sport organisations do to ensure that the practice of sport is a safe and high quality experience for all? In this paper research on the initiation practices used by the military and North American universities and sport teams is used to explore links between such practices and physical and sexual abuse. In particular, the dynamics of peer abuse, consent and expressions of masculinity are examined. We question whether there can be acceptable initiation practices in sport (Hoover, 1999) and challenge the place of these ‘macho rituals’ (Weinstein et at, 1995) in sport. We make particular use of an expanded version of the continuum of sexual abuse (Brackenridge, 1997b) and of the sport imperatives identified by Kirby, Greaves and Hankivsky (2000). The paper concludes with recommendations for best practices in athlete-centred sport.     

Restoring Trust: Plachimada,the Human Trust and Anticipatory Negligence as Restorative Justice

This paper argues for proleptic restorative justice in the area of the environment in the form of a ‘human trust’. Drawing inspiration from the Roman public trust, the human trust insists that some ‘goods’ are so important that they can neither be owned nor spoiled; rather, they must be protected. In order to explain this model, water rights will be used as an example, specifically, the case of Plachimada’s battle with Coca-Cola over the use of local ground water in Kerala, India. This case allows consideration of the protection of water for people, the ongoing privatization of natural resources, and the strength of property rights. The human trust questions the merit of seeing the environment as property or in economic terms. Moreover, the human trust urges proleptic restorative justice, as in the case of the environment, restoration after the fact is often impossible. The potential harm is so extreme that one can argue for an action in tort of ‘anticipatory negligence’, a development of the quia timet injunction.     

Making sense of body-worn cameras in a police organization: a technological frames analysis

ABSTRACT

This case study of a small police agency in the United States uses semi-structured interviews, a patrol officer survey, and observations, to examine the technological frames of managers and users for interpreting the implementation and use of body-worn cameras. A technological frames approach allows for an in-depth comparison of the knowledge, assumptions, and interpretations of a new technology between groups and for an examination of the processes that may lead to these perceptions changing over time. Although users were initially wary of managers’ rationale for camera implementation, their frames evolved as they realized that body-worn cameras were not being used to identify instances of minor misconduct or policy violations. This development of a more positive perspective was further strengthened by the discovery of additional benefits of body-worn camera use, including protecting users from frivolous complaints and their evidentiary value. These findings challenge the notion that ‘first impressions last’ and that differences in group frames inevitably lead to conflict and unsatisfactory outcomes.     

Inhumane,cruel, and degrading treatment of criminal prisoners throughout the world

Recent international policy has focused on assuring the human rights of criminal prisoners. Because of the difficulty and cost of comparative research, little is known about the success of these efforts. In this study, by utilizing a secondary data source, we are able to examine various indicators of inhumane and cruel practices in 155 nations. Substandard conditions and violations of basic human rights are found in over one-half of the nations. The levels of economic development, religion, and political structure are found to be related to a nation's prison practices.     

Defining appropriateness in coach-athlete sexual relationships: The voice of coaches

Abstract

The sporting culture, with omnipotent coaches, fierce competition for recognition and funding, and ‘win at all costs’ ethos, creates an environment conducive to sexual exploitation of athletes. Recent increased public awareness and the development of child protection policies in sport have led to the questioning of previously accepted coach-athlete relationships. This study is an exploratory investigation into male swimming coaches' perceptions of appropriateness of coach-athlete sexual relationships. Sexual relationships with athletes under the age of 16 were unanimously considered totally inappropriate. With regard to sexual relationships with athletes above the age of consent, opinions ranged from ‘totally inappropriate’ to ‘it’s a question of civil liberties.' These results are discussed in relation to how coaches have adapted their own behaviours in the face of public scrutiny but are still reluctant to restrict the rights of their fellow coaches.