On Blame and Punishment: Self-blame,Other-Blame,and Normative Negligence

Law and Philosophy - Punishment should, at least normally, be reserved for blameworthy actions. But to make sense of that claim, we need an account of blame and of why it might license or even call...     

Relativistic Justifications

Law and Philosophy -     

Postmodern politics and the battle for the future

Abstract

The postmodern turn which has so marked social and cultural theory also involves conflicts between modern and postmodern politics. In this study, we articulate the differences between modern and postmodern politics and argue against one‐sided positions which dogmatically reject one tradition or the other in favor of partisanship for either the modern or the postmodern. Arguing for a politics of alliance and solidarity, we claim that this project is best served by drawing on the most progressive elements of both the modern and postmodern traditions. Developing a new politics involves overcoming the limitations of certain versions of modern politics and postmodern identity politics in order to develop a politics of alliance and solidarity equal to the challenges of the coming millennium.     

Interdisciplinarity and the Discipline of Law

This article concerns the effects of interdisciplinary research conducted by academic lawyers on the legal discipline itself. It discusses the intellectual tension between the modes of legal analysis traditionally used by academic lawyers and the approach taken by interdisciplinary scholars, and how this tension is rooted in the challenges interdisciplinarity poses to widely-accepted notions about the purposes of legal scholarship and the relationship between academic lawyers and the legal profession. The article considers the implications of legal interdisciplinarity in light of the cultural context from which legal interdisciplinarians emerge and how the relationship between legal scholarship and legal practice ultimately guarantees the continued existence of a distinct and coherent disciplinary identity for law.     

Issues in Higher Education Quality Assurance

This article examines a range of policy issues which concern the quality assurance of higher education by regulatory bodies. There is a widespread consensus that the benefits of at least some forms of external quality assurance of higher education exceed the costs. This is probably a matter of faith more than the outcome of a considered analysis, but public policy in several countries has accepted it nevertheless.
There are important questions regarding the manner in which such quality assurance should be conducted. Issues to do with self-regulation, the use of independent ratings agencies, the role of the courts, the establishment of a government agency, and the public funding of private quality assurance bodies all deserve consideration.
Process matters become important once structural issues have been decided. These include quality assurance principles, internationalisation and national jurisdiction; the role of a quality assurance system in qualifications' design and development; what precisely is to be 'quality assured' in higher education; the standards to be used in quality assurance; linkages between quality assurance and public funding of higher education; compliance costs; and the utility of a National Qualifications Framework (NQF).
This article places considerable emphasis on a discussion of the deficiencies of the NQF approach. It argues that the emphasis placed on the development of an NQF in several systems of educational quality assurance is misplaced: an NQF cannot embrace the complexity of contemporary qualifications systems.
Claims to the effect that an NQF is a valuable addition to the sources of information available to national and international labour markets must be treated with scepticism. There are logical and practical issues to be considered in this regard. An NQF is arguably likely to mislead labour markets seriously under existing circumstances.     

The Associations Among Family-of-Origin Violence and Young Adults' Current Depressed, Hopeless, Suicidal, and Life-Threatening Behavior

The purpose of the current study was to determine if college students' retrospective reports of family-of-origin physical abuse were related to their current reports of depressed symptomology, hopelessness, and suicidal and life-threatening behavior. Consistent with hypotheses, abuse by a parent (physical and psychological) and physical perpetration toward a parent were associated with increased rates of suicidal and life-threatening behavior. Gender of the parent was also shown to be important as symptoms of depression were related to mother but not father victimization and perpetration. Contrary to expectation, witnessing parental spouse abuse was not associated with young adults' current symptoms of depression, hopelessness, and suicidal and life-threatening behavior. These findings were interpreted with regard to the intergenerational transmission of violence theory.     

" 'These Boots Are Made for Walking' ": A Reply

Erik Craft's comment on our 2000 article takes up a minor point,the impact of no-fault divorce on the gender of the spouse filingfor divorce. In the original article, we related the genderof the filing to rent exploitation during marriage, rent appropriationthrough divorce, and particularly child custody. We tested thehypotheses we generated using a sample of more than 46,000 divorcedecrees from the only four states collecting all the informationwe needed. The type of divorce ground was only a control variable,and not a strong one. We argue that Craft's comment misses ouressential point.