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191.
The Intensionality behind Legal Concepts and Their Extensional Boundaries: Between Conventionalism and Interpretivism
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This article constitutes an attempt to reexamine a crucial issue of legal theory from the perspective of philosophy of language and of social ontology: by analyzing a jurisprudential case recently decided by the U.S. Supreme Court, we explain how Searle's account on rules in The Construction of Social Reality constitutes an important starting point for the clarification of the old jurisprudential debate between conventionalism and interpretivism. In a nutshell, we show that Searle's framework, while strictly conventionalist, makes it possible to conceive of the distinction between the semantic content of rules (their intended purpose) and their extension, by drawing a parallel with the idea of “deep conventions” (and “essential rules”) as well as with the semantic conventions in natural language. The paper thus touches on the broader problem of the relations between legal concepts and nonlegal values (law and morality). 相似文献
192.
Emma Riseley Angela Vidic David Towl Andrew Joyce Kiros Hiruy 《Australian Journal of Public Administration》2021,80(1):152-160
Homelessness is a complex social problem with significant health and economic consequences. Prevention-based responses seek to reduce the number of people who go on to experience homelessness, but effective homelessness prevention is challenging to implement and can require service integration across mainstream referral organisations and specialist homelessness service agencies. The ‘At-Risk Screening Tool’ was piloted over August 2018 to March 2019 to enable such mainstream and specialist organisations to coordinate their screening and referral process in the context of homelessness prevention. The tool was used by mainstream referral agencies to assess a client's risk of homelessness, and a tailored referral pathway to a specialist homelessness agency was produced based on this assessment. This article discusses the evaluation of the pilot, exploring three key insights around service integration in a community service context. These insights emphasise the importance of embedding an awareness of staff needs and organisational constraints into the design and application of similar tools. 相似文献
193.
Lanfranchi A 《Issues in law & medicine》2008,24(1):61-69
Informed patient consent for medical treatment is required by both law and medical ethics. Yet, both federal agencies and academicians are participating in the suppression of information about the heightened risk of breast cancer posed by oral contraceptives and induced abortion. There is historical precedent in the long-delayed acknowledgement of the smoking/lung cancer link. By law, a patient has the right to be fully informed of the nature of her medical condition and any proposed course of therapy. It is assumed that a patient will be given the complete and true scientific basis of her diagnosis and treatment, to ensure that her well-being and her autonomy in decision-making are protected. Informed consent is the process by which a patient can participate in choices about medical treatment. It originates from the legal and ethical right of the patient to direct what is done to her body, and from the ethical duty of the physician to involve the patient in her medical care. Our federal government has become a barrier to informed consent concerning oral contraceptive drugs and induced abortion. 相似文献
194.
Angela R. Gover Wesley G. Jennings Richard Tewksbury 《American Journal of Criminal Justice》2009,34(1-2):103-115
A substantial amount of scholarship has been devoted to examining the relationship between gang membership and criminal offending. This research has produced a wealth of qualitative and quantitative studies indicating that gang membership increases the likelihood of criminal offending for both males and females. Less research, however, has examined the relationship between gang membership and violent victimization. The present study adds to the literature by examining the relationship between gender, gang membership, and three types of victimization. Specifically, this paper focuses on whether self-reported gang membership is uniquely related to victimization experiences for females compared to males. Results from a statewide survey of public high school students in South Carolina indicate that gang membership is significantly related to the risk of victimization for both males and females. The implications of these findings for research and policy are discussed. 相似文献
195.
196.
Juan M. Peña Luz M. Garcini Angela P. Gutierrez Monica D. Ulibarri Elizabeth A. Klonoff 《Journal of immigrant & refugee studies》2017,15(1):36-52
Research on traumatic events experienced among Mexicans deported from the United States is scant. Using clinical interviews, this study assessed the frequency of traumatic events and symptoms of post-traumatic stress disorder (PTSD) among 47 Mexican deportees in a U.S.-Mexico border community. The majority of participants (98%) reported having experienced one or more traumatic events (M = 9, SD = 5) and nearly half met DSM-IV-TR criteria for PTSD. Meeting criteria for PTSD was associated with a higher number of traumatic events. Results suggest that prevention, intervention, and policy efforts are necessary to improve the well-being of this understudied immigrant subgroup. 相似文献
197.
It has long been an established view that children who attend high-quality early learning programs are more likely to be school ready. However, some studies have found that program quality is not as important to child outcomes as is participating in some form of early learning. This study aimed to compare 2 early learning classrooms in the same school with different quality standards to determine whether the differences in quality significantly affected children's developmental gains during the academic year. Results indicated no significant differences in the developmental outcomes of children on the basis of classroom type. One possible explanation for the lack of differences is that both classrooms were in the same school. Other studies have found that child care programs benefit from partnerships with programs that have higher quality standards. The findings demonstrate a need for further research about the benefits of child care program partnerships. 相似文献
198.
Parent-child acculturation discrepancy has been considered a risk factor for child maladjustment. The current study examined parent-child acculturation discrepancy as an ongoing risk factor for delinquency, through the mediating pathway of parental knowledge of the child's daily experiences relating to contact with deviant peers. Participants were drawn from a longitudinal project with 4 years between data collection waves: 201 Chinese immigrant families participated at Wave 1 (123 girls and 78 boys) and 183 families (110 girls and 73 boys) participated at Wave 2. Based on the absolute difference in acculturation levels (tested separately for Chinese and American orientations) between adolescents and parents, one parent in each family was assigned to the "more discrepant" group of parent-child dyads, and the other parent was assigned to the "less discrepant" group of parent-child dyads. To explore possible within-family variations, the mediating pathways were tested separately among the more and less discrepant groups. Structural equation modeling showed that the proposed mediating pathways were significant only among the more discrepant parent-adolescent dyads in American orientation. Among these dyads, a high level of parent-child acculturation discrepancy is related to adolescent perceptions of less parental knowledge, which is related to adolescents having more contact with deviant peers, which in turn leads to more adolescent delinquency. This mediating pathway is significant concurrently, within early and middle adolescence, and longitudinally, from early to middle adolescence. These findings illuminate some of the dynamics in the more culturally discrepant parent-child dyad in a family and highlight the importance of examining parent-child acculturation discrepancy within family systems. 相似文献
199.
PD Dr. Susanne Rippl Anke Petrat M.A. Dr. Angela Kindervater Prof. Dr. Klaus Boehnke 《Berliner Journal für Soziologie》2009,19(1):79-103
The article focuses on transnational relations in border regions. Social capital theory assumes that in border regions special opportunity structures exist for the social integration of the population of old and new member states of the European Union based on the specific possibilities for cross-border cooperation. Border regions may be seen as “laboratories of social integration”. The article discusses whether “transnational social capital” actually develops and to what extent it adds to the social integration of the regions and of Europe. Representative survey data from the German-Polish, German-Czech, and German-French border regions – gathered on both sides of the border – serve as the basis of the analysis. Results show that currently – especially on the old outer borders of the EU – the accumulated transnational social capital adds very little to social integration at the regional and European level. 相似文献
200.
Benjamin Nyblade Angela O’Mahony 《Studies in Comparative International Development (SCID)》2014,49(1):44-66
Elections in developing countries have increasingly become international events. Previous scholarship identifies many examples in which migrants from developing countries have played a role in financing elections in their home countries and provides cross-national evidence that migrants increase remittances in election years. However, previous cross-national analyses have been limited by their reliance on annual national-level data. This article provides statistical analyses of quarterly subnational data of remittance inflows to Mexican states and new monthly national-level data on remittance inflows for nine countries. These analyses demonstrate that political remittance cycles appear in the quarter prior to an election, can exist both for national and subnational elections, and are influenced by both economic conditions in migrants’ host countries and political conditions in their home countries. 相似文献