Beyond the multiple‐choice v. essay questions controversy: Combining the best of both worlds*

The increasingly diverse cohorts of students studying at new generation universities pose new curriculum challenges for disciplines such as law. These challenges are most visible in written assignments and thus interpreted as “writing problems”. As a consequence, much of the advice available to assist students focuses on “elements of good writing”, advising them primarily on expression and grammar and, in some instances, on the different purposes of legal writing. This paper offers, however, a quite different perspective on what underlies the writing problems of these students, arguing that students need to be knowingly inducted into the different positions or identities embodied in these written tasks, as well as instructed in the language required to “realise” these identities. This approach is explored through analysis of a standard problem scenario assessment task and student responses to the task. Finally, the paper suggests that designing a curriculum to assist these students' entry into the disciplinary practices of the law rests on more collaboration and mutual learning between law lecturers and language and learning lecturers.     

Feeling guilty to remain innocent: the moderating effect of sex on guilt responses to rule-violating behavior in adolescent legal socialization

Legal socialization researchers have ignored the role of emotions such as guilt to explain rule-violating behavior (RVB). The purpose of Study 1 was to determine if anticipated guilt or guilt proneness was a better predictor of RVB. Participants were 325 university students who completed an online questionnaire. Correlations indicated that both measures were related significantly to RVB; however, when both were entered into a multiple regression as predictors, only anticipated guilt was significant. This suggested that anticipated guilt was a stronger predictor of RVB than guilt proneness. The purpose of Study 2 was to investigate the effects of anticipated guilt on future RVB while controlling for the integrated legal socialization variables. Participants were 283 middle school and 187 high school students. Multiple regression analyses were conducted to predict students' future engagement in RVB. Anticipated guilt predicted RVB for middle school and high school students. However, sex moderated these effects. Male students low in anticipated guilt committed more RVBs than male students high in guilt. Female high school students showed a similar effect but not at the same magnitude as the male students. Guilt had no significant effect on RVB for female middle school students. Implications for the findings are discussed.     

Written records of police interrogation: differential registration as determinant of statement credibility and interrogation quality

Abstract

The backbone of Dutch criminal procedure is the case file including a large number of written records. In Dutch courts the focus is primarily on evaluation of written records. The written record of police interrogation is a mediated account of the interrogation itself. In this study we explore how individual differences in the production of written records by police officers affect the jurists' evaluation of the suspect's story and of the quality of the interrogation itself. In the first study, five police officers produced written records of one and the same interrogation on video of a denying suspect. In the second study, three of those written records are evaluated by jurists. They are asked to determine story acceptability of the suspect and procedural fairness of the interrogation. Findings show that a short and simple interrogation of a suspect results in written records that are quite different (Study I). It is further shown that these differences affect the jurists' evaluation of some of the core issues addressed in a criminal process (Study II). Implications of these findings are discussed as well as a number of possible ways to improve the current state of affairs.     

Prison sentences: last resort or the default sanction?

ABSTRACT

This paper discusses the sentencing purposes for penal penalties, judges’ perceptions of sentencing purposes and prison sentences, and the effects of penal sanctions. We examine judges’ positions towards different penalties, with a focus on imprisonment, since their views on the different penalties are related to their sentencing decision-making. Understanding these views is then critical for several practical and political purposes, including bridging the gap between academic discourse and legal practice. We accessed judges’ views on penal sanctions through a questionnaire and an interview. Our sample is compounded by the judges of the criminal courts from the three major cities in Portugal. Despite the most recent criminological empirical knowledge, judges valued imprisonment as the most adequate sentence, both for different crimes and for different judicial purposes. This result is not consistent with viewing imprisonment as a ‘last resort’ solution. Indeed, we did not find this ‘last resort’ position in our data, and it is not apparent in the judicial statistics on imprisonment rates. Our data highlight the importance of increasing judges’ training on criminological and sociological issues as well as the importance of changing the influence of their personal beliefs regarding penal sanctions into research-based positions.     

Children in the 20th-century family economy: From co-providers to consumers

The position of children in the family economy changed fundamentally from the 19th century onward. In the Netherlands, the first child labor act was introduced in 1874; compulsory schooling was established in 1901. Since then, the economic contribution to the family income by children has gradually disappeared. Until the 1960s, in working-class families, the financial contribution of adolescents to the family income remained of great importance. Young workers gave their whole wage to the family in exchange for housing, food, clothes, and some pocket money. This article describes how the economic role of teenagers has changed since then. Nowadays, children and adolescents do not contribute to the family purse any longer.     

Birth spacing as a family strategy: evidence from 19th century Leuven,Belgium

This article investigates the hypothesis that 19th-century working class families in Leuven, Belgium, were controlling their fertility by means of birth spacing for household economic reasons. Detailed life-course data were collected in order to construct, on one hand, a set of covariates that represent the influences of natural fertility on birth intervals and, on the other, a number of family variables that represent the hypothetical, household economic motivation to space births. The findings strongly suggest that birth intervals were not merely a function of natural fertility differences and that family strategic spacing behavior also played a role.     

Naming for kin and the development of modern family structures

It is generally assumed that the conjugal family—the family that lived independently from extended kin—came into existence in the Netherlands relatively early, and that a new attitude towards children, characterized by an emphasis on the individuality of the child, developed at more or less the same time. To test whether this more narrow range of kin and the stronger emphasis on the individuality of the child translated itself also in a deviation from the traditional practice of naming newborn children for kin, the article analyzes naming patterns in a rural area of the Netherlands during the nineteenth and early twentieth centuries. The conclusion is that the rise of the conjugal family and the new attitude that recognized the child as an autonomous individual had no impact on the degree of naming for kin. In a more general sense, the findings raise doubts about the idea that changes in family structures and mentality directly express themselves in changes in naming practices.     

Migration and Livelihoods in Historical Perspective: A Case Study of Bihar,India

Whereas other contributions in this volume focus on contemporary migration, this article explores the role migration has played over a long period of time, in western Bihar, India. By doing so, it reinforces one of the central themes in this volume, regarding the importance of migration for livelihoods: this case study challenges the assumption that migration would be a recent phenomenon, and argues that to understand the history of this area one needs to take account of the complex interaction between migration and development. Migration has been a livelihood strategy for many groups within the area, and the study explores how migration has been caused by and in turn influences poverty and livelihoods for men and women, and how these relationships have changed over time.     

Book reviews

United States Development Assistance Policy: The Domestic Politics of Foreign Economic Aid. By Vernon W. Ruttan. Baltimore, MD and London: The Johns Hopkins University Press, 1996. Pp.xxiv + 657. £54. ISBN 0 8018 5051 7

India: Economic Development and Social Opportunity. By Jean Dreze and Amartya Sen. Oxford: Clarendon Press, 1996. Pp.292. £25. ISBN 0 19 829012 8

Regaining Marxism. By Ken Post. Basingstoke: Macmillan Press for Institute of Social Studies, 1996. Pp.x + 393. £45. ISBN 0 333 65444 7

Inflation and Investment Controls in China: The Political Economy of Central‐Local Relations during the Reform Era. By Yasheng Huang. Cambridge: Cambridge University Press, 1996. Pp.xviii + 371. £40. ISBN 0 521 55483 7

The Village Concept in the Transformation of Rural Southeast Asia: Studies from Indonesia, Malaysia and Thailand. Edited by Mason C. Hoadley and Christer Gunnarsson. Richmond, Surrey: Curzon Press, 1996. Pp.xviii + 229. £35. ISBN 0 7007 0350 0

African Industry in Decline: The Case of Textiles in Tanzania in the 1980s. By Peter de Valk. Basingstoke: Macmillan, 1996. Pp.xii + 370. £45. ISBN 0 333 65445 5

The Urban Opportunity: The Work of the NGOs in Cities of the South. Edited by Nicolas Hall, Rob Hart and Diana Mitlin. London: Intermediate Technology Publications, 1996. Pp.xv + 128. £9.95 ISBN 1 85339 347 9

Doctrines of Development. By M.P. Cowen and R.W. Shenton. London: Routledge, 1996. Pp.xv + 554. £18.99. ISBN 0 415 12516 2

Democracy, Development and the Countryside: Urban‐Rural Struggles in India. By Ashutosh Varshney (Cambridge Studies in Comparative Politics). Cambridge: Cambridge University Press, 1995. Pp.xi + 214. £35. 0 521 44153 6

Ethnicity and Development: Geographical Perspectives. Edited by Dennis Dwyer and David Drakakis‐Smith. Chichester: J. Wiley &; Sons, 1996. Pp.296. £35. ISBN 0 47196354 2

Indigenous Organizations and Development. Edited by Peter Blunt and D. Michael Warren. London: Intermediate Technology Publications, 1996. Pp.xv + 253. £16.95. ISBN 1 85339 321 5

Sustainable Tourism in Islands and Small States: Issues and Policies. Edited by Lino Briguglio, Brian Archer, Jafar Jafari and Geoffrey Wall. London: Pinter, 1996. Pp.xiii + 226. £45. ISBN 1 85567 371 1

Sustainable Tourism in Islands and Small States: Case Studies. Edited by Lino Briguglio, Richard Butler, David Harrison and Walter Leal Filho. London: Pinter, 1996. Pp.xiv + 317. £45. ISBN 1 85567 371 1

Citizen and Subject: Contemporary Africa and the Legacy of Late Colonialism. By Mahmood Mamdani (Princeton Studies in Culture/Power/History). Princeton, NJ: Princeton University Press, 1996. Pp.xii + 356. (Also published: Kampala: Fountain Publishers. ISBN 9970 02 090 0; Cape Town: David Philip. ISBN 0 85255 399 4; London: James Currey. £14.95. ISBN 0 852555 399 4)     

The Fungibility of Health Aid Reconsidered

This article draws further attention to the importance of taking into account off-budget aid when estimating the degree of foreign aid fungibility. It does so by re-evaluating the results of a recent, influential paper which concluded that health aid is fully fungible in the long run. Allowing for the presence of off-budget aid indicates that the degree of fungibility of health aid is much more uncertain than at first blush appears. Under plausible assumptions about the role of off-budget aid, the conclusion of full fungibility is overturned and at most only a limited degree of fungibility is found.