Editorial: Evolving Norms of Constitutionalism

Constitutionalism offers an academically constructed framework that allows us to assess processes of constitutional change in their respective societal contexts. This article offers insights into different perspectives within the debate over 'European' constitutionalism and their potential consequences. It makes the point for a societal approach to assess the emergence and role of both, constitutional and sociocultural norms, pointing to the key role of social practices in this process. It proposes an approach to constitutionalism which elaborates on a shift of analytical focus from the 'type of polity' towards 'social practices' as key to evolving, interpreting, and implementing norms. It is argued that this choice of perspective matters. It has implications for subsequent moves including the selection of case studies and methodology. The distinct analytical choices are presented as four positions of constitutional choice.     

Tackling invisible frontiers of global justice: an extension of Sen’s ‘Comparison View of Justice’ into IR

A central challenge of Amartya Sen’s comparative view of justice is to bring cultural diversity to bear on conceptualizing global justice, which includes building bridges across cultures that enable effective action, and rendering compatible the most beneficent of Rawlsian (or transcendental) intentions with irreducible cultural diversity. For social scientists meeting this challenge requires, first, taking account of variation of social practices in the social construction of meaning, and second, uncovering invisible frontiers of global justice that remain hidden due to conceptual or empirical oversight. The latter is especially true for contemporary International Relations (IR) theory, which assumes state actors to be the main interlocutors in the global realm, and thus precludes consideration of micro-level forms of inter-national relations (understood as interaction among all types of actors that takes place across country borders and that bears traits of national identity). Alternatively, Sen’s micro-perspectival approach offers a welcome support for pluralist approaches that both appreciate non-state access to contestation in the international arena, and account for the meaning-in-use of fundamental norms (democracy, rule of law, human rights) in different cultural and inter-national contexts.     

Dealing with mentally ill domestic violence perpetrators: A therapeutic jurisprudence judicial model

People suffering from mental illness are increasingly referred to the domestic violence court. Yet the typical diversion programs available, including batterer's intervention programs, are inappropriate for those with serious mental illness. As a result, the Miami-Dade Domestic Violence Court has developed a new approach for dealing with this population that applies mental health court techniques in domestic violence court. This article will describe and discuss this pioneering model. It also will situate this model within the context of other problem-solving courts and discuss how the court uses principles and approaches of therapeutic jurisprudence. The paper presents some preliminary data that describe the social and legal characteristics of 20 defendants in the Domestic Violence Mental Health Court followed over a two year period between 2005 and 2007.     

Social analytic investigation of hostile work environments

This paper presents a brief psycholegal analysis of hostile work environment sexual harassment law especially as it distinguishes between the reasonable person and reasonable woman tests of severity and pervasiveness. We tested two hypotheses: (1) women (but not men) would show stronger judgments of harassment when using the reasonable woman standard, and (2) this relationship would be strongest for women who identified with harassed victims and men who did not. We presented to a sample of undergraduates an in-group identification measurement task followed by the fact patterns in two cases and asked them to make legally relevant decisions under either the reasonable woman or person standard. Although we found gender and in-group identification effects, we found no legal standard effects. The results are discussed from the perspectives of law and psychology.     

The Embedded Acquis Communautaire: Transmission Belt and Prism of New Governance

The European Union offers crucial insights into the gradual shift from a Weberian form of modern 'government' towards the institutionalisation of post-Weberian 'governance'. The article argues that the emerging 'polity of polities' context, not only threatens the constitutional basis of democratic rule but also raises the questions of what exactly the new institutions of governance beyond the nation-state are, and what they imply for the functioning (rules of the game) and legitimacy (democratic processes) of the political order. In an effort to elaborate on these questions, the article develops two themes. First, it raises critical questions about the conceptual boundedness of 'governance' in the discussion of constitutional and policy studies within the field of European integration. Secondly, it advances a methodological access point for the study of the institutionalisation of governance in the Euro-polity. It suggests situating the legal concept of acquis communautaire at the boundary of legal studies and politics. The concept is then applied to a case study of citizenship policy in the EU to demonstrate how the acquis communautaire–more precisely, the 'embedded acquis communautaire'–facilitates methodological access to the study of the institutionalisation of governance beyond the state and despite states.     

From the Editor

Law and Human Behavior -     

Point and Counterpoint: A Discussion of Jury Research in the Civil Arena

Law and Human Behavior -     

AIDS and health care deficiencies

He is author of many books and articles including Images of the American City; Professions, Work, and Careers; Psychiatric Ideologies and Institutions; Where Medicine Fails;and most recently Creating Sociological Awareness: Collective Images and Symbolic Representations;all published by Transaction. He and the co-authors have also written The Social Organization of Medical Work.