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121.
Chris Reed 《The Modern law review》2010,73(6):903-932
There is a clear trend for law and regulation, particularly in cyberspace, to become increasingly precisely specified. The perceived benefit of this approach, increased certainty as to compliance, may be illusory. Over‐complex laws have serious disadvantages, particularly a greatly weakened normative effect, and problems of contradiction and too‐frequent amendment. The combined effect of these disadvantages can be to produce a ‘bad’ law system, assessed in terms of Fuller's internal morality of law. It may also result in a law‐system which substantially fails to achieve its intended aims. This article proposes that these defects can be cured by abandoning the search for precision and substituting a method of lawmaking which requires the law's subjects to make their own qualitative assessments of whether they are meeting the obligations imposed on them. This will make the law more easily understandable by those to whom it applies, and will also increase the normative effect of cyberspace law. 相似文献
122.
Chris Kottler Jared G. Smith Annie Bartlett 《The journal of forensic psychiatry & psychology》2018,29(4):617-634
Self-harm and violence in women’s prisons in England are common and occurring with increasing frequency. We aimed to describe the characteristics and patterns of violent and/or self-harming behaviours in women in prison by conducting a retrospective analysis of routine data about self-harm incidents and adjudications. Incidence rates of self-harm and violence were calculated and associated factors explored using logistic regression. We found that only 6.7% of 5486 women prisoners self-harmed and 7.9% had been violent. Eighty per cent of all self-harm incidents related to 70 women. Almost 4 in 10 women prisoners who self-harmed were also violent. Multiple incarcerations and court movements are associated with incidents of self-harm and violence. Women with high-frequency self-harm (≥6) began self-harming early in their custodial period. We conclude that women prisoners who are very behaviourally disturbed can and should be identified early. They warrant clinical formulation and multi-agency responses to risk. Those with high-frequency self-harm should be cared for by external health services. 相似文献
123.
Iryna Rud Chris van Klaveren Wim Groot Henriëtte Maassen van den Brink 《Journal of Quantitative Criminology》2018,34(1):139-166
Objective
We examine the relationship between early criminal involvement and school dropout, and analyze which factors underlie this relationship, making use of administrative data from the Netherlands.Methods
We start by determining the unconditional correlation between early criminal involvement and school dropout, using a basic ordinary least squares model. As this association is likely to be driven by different factors, we proceed by including an extensive set of observable family and individual characteristics into the estimation model. We further proceed to models that account for the influence of unobservable heterogeneity by estimating school, class, sibling and twin fixed effects.Results
Criminal involvement is associated with an 11 percentage point higher probability of school dropout. The magnitude of this relationship decreases gradually when we account for larger shares of observed and unobserved heterogeneity. The coefficient in the same-gender twin fixed effects model indicates a 3 percentage point higher probability of school dropout, which is statistically significant at a 10 % level. We also find that the association between criminal involvement and school dropout is stronger if juveniles are involved in severe criminal activities.Conclusions
We conclude that the observable and unobservable factors for which we account explain around 73 % of the unconditional correlation between criminal involvement and school dropout. The remaining variation likely reflects individual-specific characteristics that are different between same-gender twins. A true treatment effect, if existing, is likely to be relatively small. At the same time, serious criminal behavior appears to causally affect school dropout.124.
Chris King-Chi Chan 《当代亚洲杂志》2013,43(2):308-327
While a new working class is in the process of remaking itself in China, the latest trend in labour studies has rejected the Marxist tradition which sees the social relations of production as the point of departure for analysing workplace conflict. According to the new current, influenced by post-structuralism, class is only one of the identities articulated by workers, and it can be understood only with reference to their discourses. By critically evaluating an important book by Ching Kwan Lee (Against the Law: Labor Protests in China's Rustbelt and Sunbelt), this article suggests that her approach generalising workers' protests with the notion of citizenship cannot satisfactorily explain the changing pattern of labour protests in China since 2004. By using fieldwork data and connecting the analysis of the social relations of production with the changing patterns of workers' struggle, this paper argues that migrant workers protests are a significant part of the emerging class conflict in China. 相似文献
125.
Chris Alden 《South African Journal of International Affairs》2013,20(1):62-81
With the dramatic changes in the international and domestic environment, the African National Congress (ANC) has been faced with reconciling the policies of liberation with those of a political party. In response, the ANC has taken up a series of positions representing a new foreign policy outlook, one which takes cognizance of both the changing international environment and the ANC's new role as an emergent political party on the verge of taking power. This paper will investigate this transformation of ANC foreign policy by first examining the broad outlines of policy during the period of the liberation struggle; secondly, looking at the nature and effect of the crisis induced by both the end of the Cold War and the implementation of the South African government's radical reform programme; and finally, examining the preliminary contours of a new foreign policy as the organization emerges out of the transitional period and into the role of governing power. 相似文献
126.
127.
Chris Alden 《South African Journal of International Affairs》2013,20(2):80-95
When President Nelson Mandela abruptly announced on 27 November 1996 that South Africa would no longer recognise the Republic of China but would open official diplomatic relations with the People's Republic of China in its stead, he caught the world by surprise. In what was a fittingly bizarre end to a situation that continued to defy all expectations, the post‐apartheid government made its first significant foreign policy decision. The remarkable level of public debate, the inter‐departmental conflicts, the role of interest groups and party politics which accompanied the decision to switch recognition gave the South African government and the public as a whole its first exposure to the vagaries of conducting foreign policy in a democracy. This article will examine the decision to recognise the People's Republic of China by investigating the historical relationship between the South African state, non‐state actors and their Chinese counterparts, the debate itself and the role of interest groups ‐ both within and outside the formal policy making process ‐ in seeking to influence the decision and analysing the dynamics of the recognition decision. In so doing, it hopes to shed some light on the policy decision making process in the new democratic South Africa. 相似文献
128.
The article explores the bidding process for the European Capital of Culture (ECOC) award, an aspect of local regeneration policy reliant upon a specific conception of culture. The process is examined in terms of changes in urban layout, manifestations of cultural and community identity, media representations, and the spectacle of culture, gender, and locality. The process is viewed as an urban managerialist project, driven by private and public sector elites in pursuit of economic rather than cultural goals. A narrow and particular view of culture was employed in the bidding process to achieve essentially managerial goals, and cut adrift from significant issues of gender, identity, and class. “Culture,” as conceived within the ECOC process, is viewed as a policy product of local government, regeneration partnerships, government agencies, and business interests, in contrast to culture as a way of life or lived urban experience. As an elite process, the voices of local culture were largely excluded. 相似文献
129.
Chris Heffer 《International Journal for the Semiotics of Law》2013,26(2):459-485
Over the past thirty years or so, theoretical work in such fields as legal semiotics and law and literature has argued that the legal process is profoundly rhetorical. At the same time, a number of communication-based disciplines such as semiotics, sociolinguistics and linguistic anthropology have provided, particularly in interdisciplinary combination with law, a wealth of empirical evidence on, and insight into, the micro-contexts of language and communication in the legal process. However, while these invaluable nitty-gritty analyses provide empirical support for a rhetorical thesis, work in these areas has tended to ignore rhetoric as an explanatory principle. This article introduces an overarching rhetorical framework for the discursive construction and management of cases in contemporary Anglo-American legal processes. Taking ‘forensic’ as relating to the conduct of cases and ‘discourse’ as semiosis-in-practice, I argue that the practices within which forensic discourse is embedded are not, as the received legal view would have it, aimed at revealing an impartial truth but are deeply rhetorical practices aimed at persuading decision-makers to provide a remedy for a claimed wrong. By looking across forensic texts and contexts, I identify common elements of forensic discourse that can be found both in classical forensic orations and throughout the modern legal process and consider how these intersect with critical forces of agency and structure and the particularities of semiosis in situated context. An awareness of commonalities across forensic discourse can help sharpen our focus on the critical causes and consequences of individual and structural difference and point to consequential suggestions for reform. 相似文献
130.