Law‐Linked Justice and Existence‐Linked Justice

Abstract. Justice as a manifestation of “the just” is an evasive concept. On the one hand there is the law, an operation run by professionals. On the other hand there are the citizens the law is meant for. Generally speaking the law strives for justice. But the law has to protect many different interests and must work through legal devices. Therefore the justice that emerges from it is necessarily a legal compromise. For the citizens the legal rules are a given reality. Generally they will agree that the law is there to achieve justice but legal arguments that justify a rule or decision cannot have the same value for them. In cases that affect them personally, justice will be a personal, existential experience, which may be incompatible with legal justice. It is hard to keep these two forms of justice under one roof. In order to make this easier this paper proposes a conceptual split between “law‐linked justice” and “existence‐linked justice.” It is argued that the law cannot in truth to its rational origin ignore the citizens’ experience of justice, out of the ordinary as they may be.     

Chile's (Inter)National Identities: Framing the Relations with Bolivia and Peru

National identities play a significant role in Latin American international relations. They affect the ways in which policy‐makers view themselves and others, as well as influencing the ways in which their policies are ‘received’ abroad. In this way, identities create opportunities and constraints for foreign policy‐making, framing the relations between Latin American countries. The author argues that, since 1990, three main patterns of Chilean identity recently affected the country's relations with its northern neighbours Bolivia and Peru: a ‘neoliberal identity’, a ‘legalistic identity’ and a ‘progressive identity’. These three patterns of identity have created opportunities for cooperation as well as causes for conflict.     

PROSTITUTION,IV DRUG USE,AND SEXFOR-CRACK EXCHANGES AMONG SERIOUS DELINQUENTS: RISKS FOR HIV INFECTION*

There is mounting evidence that HIV infection among adolescents is increasing, particularly among minorities and inner-city youths involved in certain high-risk activities, such as multiple sex partners and intravenous drug use. Interviews conducted “on the street” with 611 seriously delinquent male and female adolescents (ages 12–17) included questions about their involvement in prostitution, intravenous drug use, and sex-for-crack exchanges. Findings included high percentages of youths engaged in these HIV-risk activities and a consistent association between all of them and greater illicit drug use. This would suggest that these risk behaviors may be surprisingly prevalent among some inner-city adolescent groups. Special AIDS prevention/intervention targeting these groups is warranted and urgently needed. Drug treatment should be a central focus of such programs.     

National parliamentary control and voting in the Council of the European Union

This article explores the different ways governments express dissent in the Council of the European Union (EU) through ‘No’ votes, abstentions and recorded negative statements. A game-theoretical model is presented that studies voting behaviour and analyses how the national parliaments’ levels of control over their governments’ EU policies affect it. It is concluded that governments that are strongly controlled by their parliaments are not more likely to express dissent. However, when they do express dissent, they vote ‘No’ more often. Parliamentary control depends on the presence of formal oversight institutions as well as the motivation of parliamentarians to hold their governments accountable. Empirical support is found in an analysis of votes on 1,387 legislative proposals that represent more than a decade of Council decision making in the period 2004–2014. This article contributes to the discussion on the involvement of national parliaments in EU affairs, and clearly distinguishes the different forms of dissent in Council decision making.     

Gender and the State in Rural Chile

Abstract — This paper focuses on SERNAM, the state institution responsible for the incorporation of gender into public policy in Chile, and the actions taken by the state to benefit women employed in the modern agricultural sector. It charts the emergence of the demands for such an institution by the women's movement, and the creation of SERNAM as an integral part of the transition to democracy. In particular, the paper analyses the Programme for the Children of the Temporeras , which is a unique state-led initiative to provide childcare facilities to enable women to enter the seasonal labour market during the summer months. The paper explores the complex relations between gender, the state, capitalist agriculture and patriarchal structures, with the aim of highlighting the sometimes unexpected convergence of interests, and the points of conflict.     

Opening Pandora's Box: Protecting Children Against Torture or Cruel,Inhuman and Degrading Treatment or Punishment*

Children are rarely perceived as torture victims, although they may be easier targets. International inertia is compounded as not only torture, but also ‘other cruel, inhuman or degrading treatment or punishment’ is prohibited. Some of these occur in the private sphere, which traditionalists erroneously assume outside of international human rights law. Children may also be unprotected because they suffer from trauma in different ways from adults. Jurisprudence of human rights fora based principally on adult victims, despite some dicta to the contrary, risks international standards being inappropriately applied to child victims. This promotes an analysis which fails to address the particular vulnerabilities of children and their role as social actors.     

SELF-REPORTED DELINQUENCY AND A COMBINED DELINQUENCY SERIOUSNESS SCALE BASED ON BOYS,MOTHERS, AND TEACHERS: CONCURRENT AND PREDICTIVE VALIDITY FOR AFRICAN-AMERICANS AND CAUCASIANS*

The Pittsburgh Youth Study is a prospective longitudinal survey of three samples of Pittsburgh boys (each containing about 500 boys) initially studied in first, fourth, and seventh grades. The first two data collection waves yielded self-reported delinquency and combined delinquency seriousness scores (the combined scores based on information from boy, mother, and teacher) for the middle sample (up to an average age of 10.7 years) and oldest sample (up to an average age of 13.9 years). These scores were compared with records of petitions to the Allegheny County Juvenile Court for delinquency offenses before and up to six years after the assessments. The area under the ROC curve was used as a measure of validity. Concurrent validity was higher than predictive validity. The combined scale had similar concurrent validity but greater predictive validity than the self-report scale, and the combined scale also identified a greater number of boys as serious delinquents. Concurrent validity for admitting offenses was higher for Caucasians, but concurrent validity for admitting arrests was higher for African-Americans. There were no consistent ethnic differences in predictive validity. There was an increase in predictive validity, for both African-Americans and Caucasians, by combining self-report data with information from other sources. Afrer controlling for delinquency measures, African-Americans were more likely than Caucasians to be petitioned in the future, but not in the past. In this research, ethnic differences in official delinquency were partly attributable to ethnic differences in delinquent behavior and were not attributable to differential ethnic attrition or differential ethnic validity of measures of delinquent behavior.