Legal Feminism and Foucault – A Critique of the Expulsion of Law

Contemporary theorists have become increasingly receptive to the selective incorporation of Foucaultian theory within feminist frameworks. However, the reception of Foucault within feminist legal critique has been less enthusiastic. The most celebrated theorist to argue for the incorporation of Foucaultian insight within the feminist analysis of law is Carol Smart. While conceding the significant contribution of her work, this article will argue that her interpretation of the Foucaultian thesis on law is considerably more problematic. Illustrating the extent to which she adopts an unnecessarily pessimistic prognosis for the development of Foucault within legal analysis and reform, this article will examine an emerging counter-interpretation of Foucault that presents the possibility for a more promising application, seeking to provide a defence both of the utility of Foucault for feminist jurisprudence, and of the utility of legal reform strategies being exercised for feminist purposes.     

Deceptive behaviour and instrumental violence among psychopathic and non-psychopathic violent forensic psychiatric patients

Deceptive behaviour and instrumental violence are well-known psychopathic features and as such play important roles in the assessment of psychopathy. This study examined first, the nature of the violence committed by offenders that have been admitted to forensic psychiatric care and whether scores on the Psychopathy Checklist: Screening Version (PCL:SV), Part 1, were associated with the instrumentality of violence. Second, we examined the proneness of offenders to re-frame the instrumentality in their past violent crimes, and whether this was associated with scores on the PCL:SV. The results show that the PCL:SV, Part 1 (interpersonal/affective features), was positively related to the officially coded instrumentality of the violent crimes. As expected, this association disappeared when the instrumentality was self-reported. However, the majority of the patients tended to exaggerate the reactivity of their violent crimes when it was self-reported, indicating that most offenders, independently of level of psychopathy, used deception when questioned about the characteristics of their past violent crimes. The reasons for, and implications of, the use of deception are discussed.     

Portrait of the North American runaway: A critical review

Runaway behavior has been viewed as a psychopathological problem by many. However, a review of the available research literature questions this perspective. An examination of the reported psychological profile of runaways suggests no clear relationship between personality and runaway behavior. Further, a multiplicity of factors can be noted which are potential causal agents for running away. These factors range from sociocultural values to school problems. Runaway research is shown to be methodologically limited by several factors, but the data are suggestive. Also, the authors conclude that future research on this growing social problem might utilize an “alternative values” or “deindivuation model” in generating testable hypotheses about runaway behavior.     

When Does Transparency Generate Legitimacy? Experimenting on a Context‐Bound Relationship

We analyze the main rationale for public administrations and political institutions for supplying transparency, namely, that it generates legitimacy for these institutions. First, we discuss different theories of decision making from which plausible causal mechanisms that may drive a link between transparency and legitimacy may be derived. We find that the common notion of a straightforward positive correlation is naïve and that transparency reforms are rather unpredictable phenomena. Second, we test the effect of transparency on procedure acceptance using vignette experiments of representative decision making in schools. We find that transparency can indeed generate legitimacy. Interestingly, however, the form need not be “fishbowl transparency,” with full openness of the decision‐making process. Decision makers may improve their legitimacy simply by justifying carefully afterward the decisions taken behind closed doors. Only when behavior close to a deliberative democratic ideal was displayed did openness of the process generate more legitimacy than closed‐door decision making with postdecisional justifications.     

When Managerialism Meets Internationalism: Administrative Reform in the United Nations in the 1970s

This article examines whether reform ideas that gained influence in national-level bureaucracies in the 1970s were also on the United Nations’ internal agenda. The Joint Inspection Unit (Bertrand) Report of 1971 is the focus of this analysis, as it addressed personnel problems in the UN Secretariat and identified structural shortcomings. Our analysis shows that New Public Management ideas were in circulation in the UN at this time. It also demonstrates the different pressures that international bureaucracies face in regard to their personnel. This is likely to make their responses to reform pressures, such as those experienced in the 1970s, unique.     

Transgendering Mother's Day: blogging as citizens' media,reproductive rights and intimate citizenship

Citizenship is fast emerging as a central concern for transgender politics. This article approaches the topic of transgender citizenship by investigating empirically how the practice of blogging has served as a way of claiming, or practicing, intimate citizenship for transgendered people. Theorization of intimate citizenship helps us to further our understanding of the ways in which our most private decisions and practices are inextricably linked with public institutions, law and state policies. Significantly, this development is also tied up with other characteristically late modern technological advancements, ranging from new reproductive technologies to new Information and Communication Technologies. In the case of transgender politics, such interlacings become particularly perspicacious, not only due to modern discourses concerning diagnosis and treatment, but also because the presence of social media resources affords new possibilities for the sharing of personal and political narratives about ‘being transgendered’. In this article, I investigate an event in the Swedish blogosphere, namely the way in which the national celebration of Swedish Mother's Day became a site for the contestation of the current limitations of the reproductive legal rights for transgendered people, providing an opening for a more general debate on transgender reproductive rights.