The Responsible Subject As Citizen: Criminal Law, Democracy And The Welfare State

This paper seeks to explain two problems posed by the history of criminal law doctrine by situating them in the context of the political sociology of citizenship. First, the paper outlines the logical connection between the rise to doctrinal orthodoxy of the idea of the responsible subject and the contemporaneous emergence of universal political citizenship. Secondly, it argues that subjectivist orthodoxy in doctrine may be reconciled with the apparently antithetical forms of regulatory strict liability law within the terms of 'modern democratic citizenship' as the latter were conceptualised by T. H. Marshall. Finally, by means of a comparison with Alan Brudner's recent philosophical rationalisation of the modern criminal law, it proposes that situating the criminal law in its environment of citizenship will help us to understand better the tensions that underlie contemporary challenges to its doctrine.     

REVIEWS

Beyond Complacency; Administrative Law (Fifth Edition). By H. W. R. Wade. Principles of Public International Law. Third Edition. By Ian Brownlie. An Introduction to the Principles of Morals and Legislation. Jeremy Bentham. Edited by J. H. Burns and H. L. A. Hart. Courts, Prosecution, and Conviction. By M. McConville and J. Baldwin. Making Good: Prisons, Punishment and Beyond. By Martin Wright.     

Dual-System Families: Cash Assistance Sequences of Households Involved With Child Welfare

Dual-system families, those involved with the child welfare system and receiving public cash assistance, may be more vulnerable than families connected to only one of the two systems. This study advances our understanding of the heterogeneous and dynamic cash-assistance histories of dual-system families in the post–welfare reform era. With merged administrative data from Washington over the period 1998–2009, we use cluster analysis to group month-to-month sequences of cash-assistance use among households over the 37-month period surrounding child removal. Close to two thirds of families who received any assistance either had a short spell with Temporary Assistance for Needy Families (TANF) or lost TANF. Smaller percentages had steady support. Families who lose assistance are less likely than average to reunify while those who connect to benefits are more likely, suggesting that coordination between systems may serve dual-system families well.     

Viewing Low-Income Fathers' Ties to Families through a Cultural Lens: Insights for Research and Policy

Policy makers have become increasingly interested in addressing the cultural dimensions of child support, "responsible fatherhood," and marriage in poor communities. However, policy studies have primarily focused on identifying economic determinants of these issues, with a substantial amount of variation in their statistical models left unexplained. This article draws on in-depth interviews the author conducted with disadvantaged mothers and fathers to illustrate how a systematic investigation into the meaning of low-income men's ties to families may fill in or provide alternative explanations for some important questions related to paternal involvement. In particular, it suggests that analyzing fathers' relationships through a cultural lens may not only reveal new information about the meaning of their emotional involvement, informal support, care of children, and conflicts with mothers which future policy studies should consider but may also inform policy initiatives by reducing the risk that they will be misdirected or have unintended consequences for poor families.