Thomas Craig’s Aetiology of Law and Society: Literary Dependence and Independence in the Jus Feudale

While Craig's relationship to, and emergence from, the French legal humanist tradition has always been widely recognized, this paper constitutes a deeper analysis of the specific threads connecting Craig to the humanist literature of the sixteenth century. It examines the first chapter to the Jus feudale and, by studying Craig's aetiology of law and society, assesses the literary and cultural influences on his historiographical product. It demonstrates that Craig's understanding of the earliest human society and of law's evolution was highly dependent on continental humanist literature and, above all, on the writings of Jean Bodin. Yet it also shows that Craig was capable of independent thought and rigorous critical analysis of sources. The article examines Craig's relationship to the writings of his fellow Scot and humanist, George Buchanan, whose De jure regni apud Scotos constitutes a vital intertextual frame for many aspects of Craig's thought, particularly as it relates to sovereignty, monarchy and the limits of royal power. Moreover, it will be seen that the first chapter, though seemingly an antiquarian digression, actually reflects Craig's thoughts on many significant political issues that were current in Scotland at the time he was writing.     

Predictors of Women’s Same-Sex Partner Violence Perpetration

The present study examined family of origin, individual characteristics, and intimate relationship variables as predictors of women’s reports (N?=?209; M?=?29.5 years) of physical aggression toward their current or most recent same-sex partner in the past year. Participants completed measures that assessed a series of family of origin, individual, and intimate relationship variables. Results of a least-squares regression revealed that identifying as heterosexual (as opposed to lesbian), higher levels of relationship fusion, more experiences of psychological aggression victimization, and having more prior physically aggressive relationships were associated with more frequent perpetration of partner violence. Results of exploratory models testing whether internalized homophobia or dominance/accommodation were indirectly related to physical aggression perpetration revealed that fusion (i.e., enmeshment with one’s partner) mediated the relationship between internalized homophobia and perpetration of partner violence. Similarly, fusion mediated the association between dominance/accommodation and the perpetration of partner violence. Findings underscore the importance that individual and relationship characteristics have in predicting partner violence perpetration in women’s same-sex relationships.     

How Economic Stress Impacts Risky Sex among African American Adolescents

Journal of Youth and Adolescence - Given the potential for unintended pregnancy and exposure to sexually transmitted infections, both of which can have long-term deleterious health consequences,...     

Geographical access to treatment for sex offenders under community supervision in Kentucky

Abstract

As sex offenders are probated or paroled into the community, sex offender treatment and monitoring is often a condition of their release. In Kentucky, sex offenders are required to participate in community-based treatment for two years or more. However, some sex offenders are disadvantaged in accessing mandated treatment. This is a result of decisions concerning the placement of treatment programmes, the sex offenders' preference to return to communities where they can rely on family and other indigenous support networks, and some statutes (e.g. sex offender registration and residency restriction laws). This study utilises spatial methodologies, including an origin–destination (OD) matrix, to determine the time, in minutes, that sex offenders travel to sex offender treatment providers and non-spatial ordinary least squares (OLS) regression techniques to determine the association between family, neighbourhood and community characteristics on sex offenders’ travel time to treatment. Findings suggest that there is substantial disadvantage in treatment access, measured by travel time, for sex offenders who live in impoverished rural communities.     

Sustainable use of wildlife: The role of private contracts as a conservation tool

Abstract

This paper focuses on the ability of local communities to make effective use of private legal tools as a means of assuring sustainable wildlife use. Using recent legal developments in Kenya as a case study, the paper examines a series of contracts entered into between local communities in the Samburu District and tour operators wishing to bring wildlife “photo safaris”; onto Samburu lands. These contracts, typically referred to as “Eco‐tourism contracts,”; are designed simply to allow tour operators to lead tour groups through community property without trespass. The authors argue that to achieve their true potential, these contracts must be treated, in essence, as “wildlife easements,”; or “eco‐easements,”; that can become publicly‐recorded mutual conservation commitments, and as such must incorporate conservation principles with a focus on environmental impact and wildlife management. Moreover, these contracts must be linked both conceptually and financially to the communities’ governance structure and to its broader conservation efforts.     

Afghans have their memories: A reflection on the recent experience of assistance in Afghanistan

As the international community re-engages in Afghanistan, there is an opportunity to make good on commitments to the Afghan people in a principled and transparent manner. But Afghanistan comes with a history, and unless this history is understood and taken into account, both the political process and reconstruction are likely to end in failure. This article looks at the legacy of the way in which the donors and aid organisations operated in the past, and the manner in which they dealt with both the Mujaheddin and Taliban administrations. It examines how, in a period characterised by progressive hardening of political positions, accompanied by increasing aid conditionality, efforts to achieve greater coherence between political and aid strategies and to establish 'principled' positions often led to conflict and contradictions and at times seemed to undermine the impartiality of the international community. It then explores the extent to which the present pace and nature of international support for political and reconstruction activities are enabling--or not--the emergence of an administration in Kabul that has domestic legitimacy and can effectively manage reconstruction.     

Frustration: The mold of judicial philosophy

Abstract

The Framers understood the Constitution to be the fundamental expression of the rule of law over against the arbitrary, intemperate, and unjust “rule of men” that all too frequently existed in the political world, unfortunately both democratic as well as monarchical. Accordingly, the rule of law requires a well functioning political and legal system that includes legislative checks and balances, the separation of power between the President and Congress, an independent judiciary, federalism, etc. What happens when this “Madisonian” constitutional system, designed to express “the deliberate sense of the community,” runs into a Judicial branch that, in effect, claims we live under a Constitution, but the Constitution is what we say it is. Must the Judiciary itself be subject to the rule of law, and the decisions of a constitutional majority, or does their “independence” extend to being independent of the constraints of the rule of law and, thus, decent majority rule? How did the original John Marshall Court answer these questions, and what light do the leading cases and controversies shed on the relationship between the Marshall Court and the Madisonian System? Are we facing a situation of Marshall v. Madison?     

Women in IPV Treatment for Abusers and Women in IPV Survivor Groups: Different or Two Sides of the Same Coin?

The Calgary Counselling Centre offers therapy groups for both women whose partners abuse them, “You’re Not Alone” (YNA) and women who abuse partners, “Responsible Choices for Women” (RCW). The study examines 262 group members (157 RCW & 105 YNA), comparing their demographics and scores on measures of physical and non-physical partner abuse, and mental health symptoms. At pretest, women in YNA reported significantly more problematic depression, anxiety, general distress and trauma symptoms than women in the RCW program. Nevertheless, the factorial repeated measures analysis of variance on pretest/posttest data from 177 women found statistically significant improvements on all four outcomes measures for women in both groups, although women in the YNA survivor groups made the most improvements on depression, stress and general distress. Clinical implications are described.     

Predicting Recidivism Amongst Sexual Offenders: A Multi-site Study of Static-2002

The predictive accuracy of Static-2002 (Hanson & Thornton, Notes on the development of Static-2002 (Corrections Research User Report No. 2003-01), 2003) was examined in eight samples of sexual offenders (five Canadian, one U.S., one U.K., one Danish; total sample of 3,034). Static-2002 showed moderate ability to rank order the risk for sexual, violent and general (any) recidivism (AUCs of .68, .71, and .70, respectively), and was more accurate than Static-99. These findings support the use of Static-2002 in applied assessments. There were substantial differences across samples, however, in the observed sexual recidivism rates. These differences present new challenges to evaluators wishing to use actuarial risk scores to estimate absolute recidivism rates.     

Maintaining the Legal Status of People with Intellectual Disabilities as Parents: The ADA and the CRPD

People with intellectual disabilities face proceedings to terminate their parental rights with disturbing regularity, with protecting the interests of offspring the primary justification. Although protecting children from harm is surely critical, these termination proceedings involve problematic assumptions about how fitness to parent is understood, how parenting is legally constructed, and what nondiscrimination requires for parents with intellectual disabilities. Using Article 12 of the Convention on the Rights of Persons with Disabilities as a model, it suggests two alternatives to the all‐or‐nothing termination processes in place today that might better realize the enjoyment of legal capacity as parents on an equal basis with others for people with intellectual disabilities: limited terminations analogous to limited guardianships and supported parenting along the lines of supported decision making proposed in the CRPD.