Conscience in public administration: More than just a chirping cricket?

The policy and practice of public administration are caught between two seemingly incommensurate goals. Public servants are expected to be responsible to the oversight and control of democratically elected governments, yet, as the policy space becomes more complex, are forced to exercise more judgment and discretion in their responsibilities. Individual, collective, and professional conscience is motivated across this spectrum of challenges. This article explores the concepts of discretion and conscience in theory and practice in the Canadian context. It offers insights into how conscience can, and perhaps must, be both accommodated and supported more appropriately in the practice of 21^st‐century public administration and service. At root, we argue that an array of strategies and approaches may help to build relational reciprocity to a broader set of norms that are necessary for efficient and effective governance.     

The Future of Fair Use

Despite the warnings of copyright scholars at the turn of the twenty-first century, the future of the fair use doctrine is bright. This essay considers the recent trend of fair use cases and offers specific examples of changes in fair use jurisprudence regarding courts’ use and definitions of transformativeness that belie the earlier doomsday scenarios and suggest instead the promise of further expansion of fair use. These trends should give hope for the future to those who believe a robust fair use doctrine is necessary to keep the proper balance between copyright owners and the public interest.     

How binding are binding guidelines? An analytical framework

Guidelines are a type of “soft law” that play an important role in contemporary public administration. Despite the propagation of guidelines in recent decades, their legal effects are often difficult to classify. Clearly, guidelines are neither legislation nor delegated or subordinate legislation, but they are nonetheless designed to influence people's behaviour. Distinguishing binding from non-binding guidelines is an important issue because the permissible scope of their use often depends on bindingness. Yet there is no analytical framework available to determine bindingness. To fill this gap in the literature, I develop an analytical framework consisting of three indicia which help to distinguish binding guidelines from non-binding guidelines: the presence or absence of imperative language, the level of detail and precision and the extent of effects on third parties. With the help of numerous examples drawn from the Canadian legal system, I explain how to distinguish binding from non-binding guidelines, bringing analytical clarity to an important area of contemporary public administration.     

Measuring the Difference Between Parental Alienation and Parental Estrangement: The PARQ-Gap

Parental alienation (rejection of a parent without legitimate justification) and realistic estrangement (rejection of a parent for a good reason) are generally accepted concepts among mental health and legal professionals. Alienated children, who were not abused, tend to engage in splitting and lack ambivalence with respect to their parents; estranged children, who were maltreated, usually perceive their parents in an ambivalent manner. The hypothesis of this study was that a psychological test—the Parental Acceptance–Rejection Questionnaire (PARQ)—will help to distinguish severely alienated from nonalienated children. The PARQ, which was used to identify and quantify the degree of splitting for each participant, was administered to 45 severely alienated children and 71 nonalienated children. The PARQ-Gap score—the difference between each child's PARQ: Father score and PARQ: Mother score—was introduced and defined in this research. Using a PARQ-Gap score of 90 as a cut point, this test was 99% accurate in distinguishing severely alienated from nonalienated children. This research presents a way to distinguish parental alienation from other reasons for contact refusal. The PARQ-Gap may be useful for both clinicians and forensic practitioners in evaluating children of separating and divorced parents when there is a concern about the possible diagnosis of parental alienation.     

Legal Consciousness in Marginalized Groups: The Case of LGBT People

Studies of legal consciousness have flourished over the last few decades, but these studies and the very concept of legal consciousness have recently come under critique. This article uses the case of studies of the legal consciousness of lesbian, gay, bisexual, and transgender (LGBT) people to demonstrate that legal consciousness has been a valuable conceptual tool for exploring experiences of sociolegal marginalization. Research on LGBT people advances the study of legal consciousness without sacrificing a critical stance or reading lack of overt resistance as evidence of law's hegemonic power. Consideration of this research highlights that focusing on marginalized populations is a way to retain a critical edge in legal consciousness research. Future research should include more exploration of the relationship between marginalization and legal consciousness, further theoretical elaboration of the forms and conditions of resistance to law, and greater attention to how social interactions and institutions produce legal consciousness.     

Iranian women's pathways to imprisonment

Using official data and interviews with 101 women in Evin prison, Tehran, this article explores prisoners' pathways to incarceration. The concept of “intersection” is used to help understand how traversing and diverging networks of power position women in ways that encourage their criminal actions, criminalization, and contribute toward their imprisonment. The term also highlights points of overlap and distinction between Iranian and Western women's experiences. Importantly, it encourages us to consider the global context of criminal justice.     

Corruption and Popular Support for Democracy and Government in Transitional Contexts: The Case of Kyrgyzstan

Abstract

Many studies have argued that corruption undermines perceived democratic legitimacy, trust in state institutions, and government support. However, few prior studies have included transitional or hybrid regimes in their analyses, or simultaneously examined multiple aspects of this relationship. Using focus groups and a nationally representative survey conducted throughout a tumultuous transitional period in Kyrgyzstan, we find evidence for our hypotheses that citizens with greater corruption concerns will be more pro-democratic when evaluating democracy or its institutional components in the abstract; yet, they distrust existing government institutions. Even in a hybrid regime lacking democratic experience, citizens exhibit attributes of distrusting democrats.     

Parent–Child Relationships,Parental Psychological Control,and Aggression: Maternal and Paternal Relationships

Few studies have examined both maternal and paternal parenting practices in the prediction of child outcomes despite evidence that underscores the salience of fathers throughout their children’s development. This study examined the role of the quality of mother–child and father–child relationships in buffering the influence of ineffective parenting practices on subsequent adolescent aggression. Measures of parental psychological control, the quality of the parent–child relationship, and youth aggressive behavior were completed by 163 (49 % female) mostly White and Asian adolescents and their parents during the eighth and ninth grades. Paternal psychological control predicted aggression when adolescents perceived low-quality relationships with their mothers. Similarly, maternal psychological control predicted aggression when adolescents perceived low-quality relationships with their fathers. Maternal psychological control was also associated with lower levels of aggression among adolescent males who reported a high-quality relationship with their father. These findings indicate that, when one parent exerts psychological control, the low-quality relationship the adolescent shares with the opposite gender parent increases risk for adolescent aggression. The findings also suggest that, as mothers exert psychological control, the high-quality parent–child relationship a son shares with his father decreases risk for adolescent aggression.     

Our kids: Unaccompanied minors and the question of care

The question of care and what it means both conceptually and practically in the designated arena of child and youth care is a vexing one in the 21st century. Without a doubt, there are increasing numbers of young people who are either demonstrably in need of care or perceive themselves to be either lacking adequate care or simply existing outside those social spaces where care is available. Perhapsthere is no better exemplar of the contested set of relations that is contemporary childhood than those young people traversing national borders. Some of these young people travel with family members, but an ever-increasing number travel unaccompanied by parents or any other form of adult relation. Of these, a group particularly at risk are those without legal documentation. We would argue that this group of young people is urgently in need of our attention as child and youth care workers and scholars.