Diversion from youth courts in five Asia Pacific jurisdictions: welfare or restorative solutions

Since the 1970s, there has been a trend to move away from punitive and retributive approaches to reintegrative practices. This article provides an account of how young offenders in five Asia Pacific jurisdictions are diverted from being prosecuted in the youth courts and of to where they are diverted. The five cases demonstrate that diversionary measures in the Australasian jurisdictions tend to be more restorative in their practices than are those in Chinese-dominated jurisdictions, which adopt welfare responses. It is concluded that although there is some progress in the areas of decarceration and delegalization, the diversion goals of decategorization and deprofessionalization in Chinese-dominated jurisdictions have yet to be achieved. Such diversionary strategies carry the risk that many more young people committing minor offences may be subject to more intrusive measures and disguised social control in the name of diversion, welfare, or the prevention of future offending.     

Social Norms and the Feeling of Justice about Unequal Family Practices

After briefly retracing the origins of the present day unbalanced division of family work, this paper article summarizes results from three studies conducted with married adults and unmarried young adults from northern Portugal. The data support the idea that (a) unequal family practices do not change because traditional practices are social norms that orientate individuals’ behavior; (b) individuals do not comply passively to these social norms but consider that the normative practices are fair; (c) normative family practices are considered to be fair because women, as well as men, seem to gain benefits from traditional family organization. The social consequences for women of the maintenance of normative family practices are discussed.

Risk factors for violent offending in autism spectrum disorder: a national study of hospitalized individuals

Little is known about risk factors for violence among individuals with autism spectrum disorder (ASD). This study uses data from Swedish longitudinal registers for all 422 individuals hospitalized with autistic disorder or Asperger syndrome during 1988-2000 and compares those committing violent or sexual offenses with those who did not. Thirty-one individuals with ASD (7%) were convicted of violent nonsexual crimes and two of sexual offenses. Violent individuals with ASD are more often male and diagnosed with Asperger syndrome rather than autistic disorder. Furthermore, comorbid psychotic and substance use disorders are associated with violent offending. We conclude that violent offending in ASD is related to similar co-occurring psychopathology as previously found among violent individuals without ASD. Although this study does not answer whether ASDs are associated with increased risk of violent offending compared with the general population, careful risk assessment and management may be indicated for some individuals with Asperger syndrome.     

The Sustainable Development Goals and REDD+: assessing institutional interactions and the pursuit of synergies

This paper analyzes potential synergies between two recent sustainable development initiatives, namely the Sustainable Development Goals (SDGs) and reducing emissions from deforestation and forest degradation (REDD+), a climate mitigation mechanism negotiated under the auspices of the United Nations Framework Convention on Climate Change. The paper elaborates a conceptual framework based on institutional interactions and distinguishes core, complementary, and supplementary synergies that may be realized between the SDGs and REDD+. Potential synergies are analyzed at the global level, as well as within two national-level contexts: Indonesia, with its long-standing REDD+ programme, and Myanmar, which is in the early stages of implementing REDD+. Both are now also engaging nationally with the SDG implementation process. Our research draws on literature review and document analysis, direct observations of global policy processes relating to REDD+ and SDGs, as well as extensive engagement (of one author) at national level in Indonesia and Myanmar. Our analysis reveals that there are currently significant opportunities to pursue synergies in the implementation of these international initiatives at the national level, although pro-active interaction management is necessary, especially to achieve complementary synergies.     

The CCJ decolonizing Caribbean constitutionalism

The Caribbean Court of Justice was conceived to further the Anglophone Caribbean’s decolonization process. Decolonization included not just transitions from colony to independent statehood but also the repudiation of imperial formations. The Court’s capacity to do this is evident in the McEwan Case. Using bold approaches to interpretation, the CCJ effectively erased the general savings law clause (which was previously treated as effective in immunizing colonial laws from inconsistency with the Bill of Rights) and affirmed the fundamental rights of trans persons. Since those clauses tethered post-independence constitutionalism to colonial era legal arrangements, erasure has the effect of bringing the Constitution forward and home. I argue that erasure is the result of proper methods of interpretation and not overreach since savings clauses are now functionally obsolete. The CCJ also signalled its decolonising capacity by articulating Caribbean identity in inclusive terms. It rightly affirmed that trans persons are entitled to full membership in the political community, in circumstances where its position is likely an anti-majoritarian one. The CCJ is demonstrating its decolonizing capacity in a context where, it is argued, the Privy Council cannot. It is hoped that other Caribbean States will be encouraged to accede to the CCJ’s appellate jurisdiction.     

Language,nation and citizenship: contrast,conflict and convergence in Estonia's debate with the international community

This paper investigates the clash of (language) ideologies in Estonia in the post-Communist period. In an analysis of changing Western recommendations and Estonian responses during the transition of Estonia from Soviet Socialist Republic to independent state, we trace the development of the discourses on language and citizenship rights. Different conceptions of the nation-state and of how citizenship is acquired, together with different approaches to human rights, led to disagreement between Estonian political elites and the political actors attached to international institutions. In particular, the Soviet demographic legacy posed problems.

We use a context-sensitive approach that takes account of human agency, political intervention, power, and authority in the formation of (national) language ideologies and policies. We find that the complexities of cultural and contextual differences were often ignored and misunderstood by both parties and that in their exchanges the two sides appeared to subscribe to ideal philosophical positions. In the following two decades both sides repositioned themselves and appeared to accommodate to the opposing view. In deconstructing the role of political intervention pressing for social and political inclusion and in documenting the profound feeling of victimhood that remained as a legacy from the Soviet period and the bargain that was struck, we hope to contribute to a deeper understanding of the language ideological debates surrounding the post-Communist nation-(re)building process.