Another nation-building bloc? Integrating nationalist ideology into the EU and ASEAN

The article examines the compatibility of nationalist ideology and regional integration within the European Union (EU) and the Association of South-East Asian Nations (ASEAN). In exploring nationalist ideology as a third alternative to functional and identity-based approaches to regional integration, it contributes to debates on the necessity and desirability of a common supranational identity. Despite a hitherto largely transaction-based approach to integration, political elites in South-East Asia have expressed support for ‘ASEAN awareness’ or ‘cognitive regionalism’ in the hope of increasing the organisation’s social cohesion and solidarity. These constructs seek to supplement political and economic co-operation with a sense of imagined (regional) community, despite the lack of strong supranational institutions within ASEAN. Their aim is thus to replicate a quasi-national construct at the regional level, something which has met with relatively little resonance within EU member states. The similarities between government attempts to foster a sense of regional belonging and nation-building principles, let alone their interplay, have yet to be fully explored in the South-East Asian context. The article tackles the question of whether EU and ASEAN member states can learn from each other in developing approaches to regionalisation.     

Cruelty and the Imperative to Wage Virtuous War

This paper considers the newly imperative force of the jus ad bellum, when it acts as a guarantee of the moral. An emotive sense of cruelty now mobilizes as legitimate some forms of virtuous killing, whether in the 'war on crime' waged upon a country's own citizens, or in the conduct of war upon other nations. The recoil against cruelty authorizes virtuous wars against 'brutal' regimes, and underwrites the imposition of maximal penalties for atrocious crimes. Cruelty obliges military force, that naked arm of sovereign power, to be placed at the service of an ailing humanity. This turn towards a pitiful virtuous war suggests a jurisprudence critical of those intimations of cruelty that tend to secure compassion as an authorizing stamp, or guarantor, of the moral.     

Judicial scrutiny of gender-based employment practices in the criminal justice system

Purpose

This article examines employment practices of criminal justice agencies within state and federal court decisions that have interpreted sex discrimination claims under Title VII of the 1964 Civil Rights Act.

Methods

After collecting and analyzing appellate court cases through the LEXIS-NEXIS and WESTLAW databases, the article examines lower state and federal court decisions that have been applied by the U.S. Supreme Court to criminal justice workplaces.

Results

The findings show that employment practices are valid if the employer can demonstrate: first, the disputed discriminatory action is based on considerations not solely dependent on the plaintiff's gender; and second, such considerations are more than mere pretext, making them justifiable under the circumstances.

Conclusions

Courts have considered a wide range of employer practices in both law enforcement and corrections agencies at various stages of the employment process, such as hiring, assignment of duties, promotion, discipline, and termination. Title VII is violated when the employers’ adverse employment action is motivated by discriminatory intent and is based on gender stereotypes. Even so, employment actions are legal when employers prove their employment actions are not based on sex stereotypes, but are either business-related or justified by “legitimate,” “important,” or “compelling” interests.     

Assaults in the elderly--a population-based study with victim and perpetrator characteristics

The aim of the present epidemiological study was to investigate characteristics of assaults in the elderly aged 65 years and above from the perspective of the victim and perpetrator. This population-based study included 23,142 assaults (according to §§ 224/226 StGB of German criminal law) that were recorded in Bavaria, Germany, from 1999 to 2005. The population-based ratio of serious crimes of battery for the elderly in comparison with the reference population was markedly lower (0.10; 95% CI: 0.09-0.11) in suspects aged more than 65 years and 0.08 (95% CI: 0.07-0.09) for the injured above 65 years. Elderly perpetrators differed significantly concerning the manner of the assault (p < 0.001). They committed less crimes in urban areas (56.1% vs. 68.8%) and were victimized significantly more in rural areas (p < 0.001; 41.2% vs. 30.2%). Violence in the elderly differs from that of the younger population. Further research is warranted to establish prevention measures.     

Child Abuse in a Disciplinary Context: A Typology of Violent Family Environments

The objectives of this study were to identify and validate types of violent family environments based on child abuse in a disciplinary context. The study is original in that it simultaneously takes into account the cognitive and behavioral dimensions of the parental role as it relates to the degree of family violence in a child??s life. Cluster analyses were performed on a representative sample of 3,148 families. The Abusive profile applied to families who reported at least one severe assault on a child within the past year. This profile also had the highest levels of domestic violence, psychological aggression, and corporal punishment. The Harsh profile is nevertheless similar to the Abusive profile, despite the fact that these families reported no severe assault. The key difference is the lower score levels: the attributes are the same, but less intense. The Nonabusive profile accounted for the families with the lowest rates of domestic and parental violence, together with a negative attitude towards corporal punishment and a heightened awareness of the consequences of violence. Although the families who matched the Paradoxical profile reported very little violence, they are the least aware of the consequences of violence and the most in favor of corporal punishment. The four profiles were replicated with another cluster analysis performed on an independent representative sample of 2,465 families. Then the profiles were compared with regard to the variables used to create the clusters and other variables theoretically associated with the appearance of maltreatment. These validation methods enhance the credibility of the proposed typology.