Judicial use of social science research

American courts use social science research in three distinct ways: to make law, to determine facts, and to provide context. In this article, we review and critique the approaches that courts have traditionally taken to dealing with each form of social research. We also summarize and integrate a body of work offering a different perspective that treats law-making research associal authority, fact-finding research associal fact, and context-providing research associal framework. We end by proposing a coherent sequence of steps that courts should take when confronted with an empirical question about human behavior.This article was prepared under the auspices of the Task Force on Judicial and Regulatory Decisionmaking of the Carnegie Commission on Science, Technology, and Government. The views expressed are those of the authors rather than of the Task Force or the Commission. We are grateful to David Z. Beckler, Associate Director, for his comments. Requests for reprints should be sent to either author at the School of Law, University of Virginia, Charlottesville, VA 22901.     

A deficit of democratic authenticity: Political linkage and the public in Andean polities

The article argues that Bolivia, Colombia, Ecuador, Peru and Venezuela are political systems suffering from an acute deficit of democratic authenticity, that is, a loss of substance in democratic processes. The deficit in democratic authenticity is a product of malfunctions in the mechanisms of political linkage and multiple barriers that inhibit effective citizen participation in public life. Rather than acceding to minimalist interpretations of democracy that deemphasize the importance, of active citizen participation, the author stresses the importance of maintaining a rigorous normative definition of democracy as the standard by which to assess the state of democractic political development. Catherine M. Conaghan is a Queen’s National Scholar and professor of political studies at Queen’s University. She is the author ofRestructuring Domination: Industrialists and the State in Ecuador (Pittsburgh: University of Pittsburgh Press, 1988) and co-author ofUnsettling Scatecraft: Democracy and Neoliberalism in the Central Andes (Pittsburgh: University of Pittsburgh Press, 1994).     

Citizen-driven reform of local-level basic services: Community-Based Performance Monitoring

Amid growing interest in forms of participatory and decentralised governance, increasing efforts are being made to increase the accountability, responsiveness, and relevance of the state through active citizenship. Drawing on the theoretical basis for social accountability, this article explores bottom–up views of active citizenship which highlight the importance of the intrinsic as well as the instrumental value of participatory social accountability, and thus of active citizenship. One approach to social accountability, Community-Based Performance Monitoring (CBPM), is used to demonstrate these instrumental and intrinsic values in practice, in relation to local public-service delivery.     

The Psychology of Political Extremism

Any attempt to analyse the phenomenon of political extremism must seek to explain why choices are sometimes made to articulate such views through violence. It is proposed that such a choice may have little to do with the specific ideology through which extremism is expressed but instead may reflect deeper psychological considerations. Investigations of persons who grew up in totalitarian systems suggest that the state may invade the psyche, interfering with the normal interplay of ego, superego and id. An explanation depending on the construction of a tripartite model of personal, non-personal and impersonal self was developed to explain the consequences of this process. It is proposed that such models may have a wider relevance and can be applied to the phenomenon of violence arising from contemporary political extremism. The advantage of such models is that they can be subjected to empirical investigation.     

Women Arrested for IPV Offenses: Abuse Experiences Yet Low Trauma Pathology

The purpose of this study is to explore how abuse experienced from a current partner and history of childhood abuse perpetrated by a parent are related to trauma symptomalogy in a sample of 82 women adjudicated for Intimate Partner Violence related offenses. Findings are mixed. Although a majority of the participants report some abuse from their partner and/or parent, both the degree of this violence and the presence of trauma pathology are lower than expected. Additionally, correlations between the three scales of partner abuse and the degree of posttraumatic sequelae are either low or did not meet significance. However, level of childhood abuse perpetrated by a mother is highly correlated with traumatic sequelae while childhood abuse from father is not. A number of reasons for these findings, which have implications for practice and future research, are discussed.