Transitional Justice in the Twenty-First Century: Beyond Truth Versus Justice, Naomi Roht-Arriaza and Javier Mariezcurrena * Reconciliation in Divided Societies: Finding Common Ground, Erin Daly and Jeremy Sarkin

It took a long time to get there but, near the close of thelast millennium, humanity embraced measured accountability –instead of the extremes of impunity or vengeance – asthe appropriate fate for perpetrators of mass atrocity. Thisembrace has prompted the construction of institutions, suchas the International Criminal Court and the various ad hoc internationalor internationalized tribunals, to actualize this accountabilityimperative. But this institution-building is only the start of the justicematrix. It is not the end point. A newer second generation ofscholars and activists presses on. Agreeing on the need foraccountability does not mean that existing methods of accountabilityshould become insulated from study or critical inquiry withregard to their progress toward justice goals. Transitional Justice in the Twenty-First Century and Reconciliationin Divided Societies are bold trendsetters for this second-generationliterature. Edited by Naomi Roht-Arriaza and     

English Pluralism, Functionalism and Corporatism: The Legacy of Paul Hirst

Paul Hirst began his career as a Marxist, and in his later work he made important contributions to numerous debates, the most notorious of which was his pronounced scepticism towards the idea of globalisation. However, Hirst's principal legacy to political theory was the development of his normative theory of 'associative democracy'. This article presents a critique of Hirst's theory emphasising his indebtedness to the tradition of English political pluralism. On a preliminary analysis, Hirst's project appears to have been predicated on a normative defence of voluntarism, individualism and pluralism. However, I make the case that on closer examination this is undermined and contradicted in his work – and in the work of the earlier English pluralists – by an implicit assumption of social unity. This assumption is manifest in the functionalism and corporatism that Hirst presented as necessary components of pluralism, which in turn reflect his unwarranted presumption that industrial productivity, efficient economic governance and welfare provision represent impartial and incontestable axioms of social organisation.     

An empirical assessment of the AIDS Risk Reduction Model (ARRM) employing ordered probit analyses

The AIDS Risk Reduction Model (ARRM) is a conceptual model designed to explain the influence of knowledge and attitudes about AIDS/HIV on risk-related behaviors. This article measures the influence of the primary concepts associated with the ARRM (labeling, commitment, and enactment) on high-risk adolescent's knowledge, attitudes, and self-reported behaviors. Data were collected from 393 adolescents incarcerated in juvenile detention facilities. Ordered probit and ordinary least squares (OLS) analyses were conducted to determine which of several independent variables have the most impact on acceptance of the ARRM. Results indicated that the ARRM is effective for understanding the factors that influence AIDS risk avoidance. Findings also indicate that previous life experiences should be formally integrated into the model. Moreover, specific forms of enactment are associated with different factors. Suggestions as to how the ARRM may prove useful for promoting behavioral change among high-risk adolescents are provided.     

Consensual or Dominant Relationships with Parliament? A Comparison of Administrations and Ministers in Scotland

The study of administrations and ministers and their relationships with UK Parliaments has tended to focus on the issues of accountability and responsibility, levels of legislative dissent or broad performance indicators supported by anecdotal examples. This paper addresses the lack of systematic analysis of executive/legislative relations in the policy‐making process by examining the dominance of different administrations and ministers in the Scottish Parliament. Two questions are addressed. First, is there any variance in the legislative dominance of different administrations in the parliamentary arena? Second, do individual ministers make a difference to the degree of policy dominance? Controlling for both initial authorship and quality of amendments to Executive policy, we analyse the nature and extent of Executive dominance during the legislative process of the First Session of the Scottish Parliament. We find some evidence to suggest that Executive dominance varies both by administration and by individual minister.     

Supporting Accountability in the Field of Mediation

Over time, many fields of work - law, medicine, and teaching - matured from informal bodies of knowledge and skills, passed from one practitioner to another, into professions. In the process each began enumerating and affirming their intellectual and practical roots. Each also began testing practitioners to insure comprehension of relevant knowledge and an ability to demonstrate relevant skills. Family mediators in Canada have moved in this direction. In the United States, people who mediate interpersonal disputes also feel pressured to take additional steps to assure the quality of our work. This article summarizes what mediation organizations in the United States have done and could do to vouch for work in our field. But, taking additional steps calls for a clearer understanding of what a mediator should know and what they are expected to do. These two critical pieces of information remain nebulous. So, this article goes beyond describing ways of insuring accountability by also describing a recently completed job analysis, a tool frequently used in other fields of work to describe the skills and knowledge relevant to a particular job.     

Jurisprudential Regimes and Supreme Court Decisionmaking: The Lemon Regime and Establishment Clause Cases

In this research note, we apply the construct of jurisprudential regimes as described in our recent article in American Political Science Review to the area of Establishment Clause jurisprudence. We hypothesize that Lemon v. Kurtzman represented a jurisprudential regime in the Supreme Court's decisionmaking in this area of law. Our analysis shows that the predictors of the Court's decisions in the two periods differed in ways that are very consistent with the types of changes one would expect the hypothesized regime shift to produce.     

The correctional melting pot: Race, ethnicity, citizenship, and prison violence

The United States prison population is becoming more diverse and comprised of increasingly more violent inmates. Although race has been cited as a risk factor for inmate violence, most prior research had narrowly investigated White/Black differences in inmate misconduct. Using a sample of 1,005 inmates from the southwestern U.S., the current study explored racial, ethnic, and citizenship correlates among male and female prisoners. Negative binomial regression models indicated that net of controls, Hispanics and Native Americans were the most violent male prisoners, while African Americans and Native Americans were the most violent female inmates. The current study was admittedly modest in scope; however, the findings were couched within a broader, imperative sociological framework that lamented the increasing interplay between communities and prison and the role of prison as a social institution.     

Peer pressure and adolescent substance use

Peer influence is regarded as one of the strongest determinants of juvenile delinquency and particularly adolescent substance use. A commonly held view is that social pressure from friends to use drugs and alcohol is a major contributor to substance use. Yet the notion of peer pressure, implied by the association between peer-group associations and drug behavior, is seldom tested empirically. As a crucial test of the group pressure model, this research examines the role of peer pressure in mediating the effect of differential association on individual use. Moreover, few studies examine the nature of the relationship between peers and substance use as it relates to the processes leading toand from use. Drawing on differential association and social learning theories, our research specifies the social processes (socialization, group pressure, social selection, and rationalization) which dictate particular causal pathways leading to and from substance use and then estimates the reciprocal influences among differential association, social pressure from peers, attitudes favorable toward substance use, and individual use. Using the 1977–1979 National Youth Survey panel data, we estimate a covariance structural equation model allowing for correlated measurement error. In the cross-sectional analyses, we find no main effects of overt peer pressure on substance use. Estimation of the reciprocal effects model also reveals that overt peer pressure does not significantly influence substance use and does not mediate the effect of differential association. Instead, the influences of socialization, social selection, and rationalization play significant roles in understanding substance use.An earlier version of this paper was presented at the 1994 American Society of Criminology meetings in Miami, Florida.