Complexity Theory &; Socio-Legal Studies

The complexity theory paradigm is in the process of being taken up from the natural sciences into the social sciences and humanities. This article introduces complexity theory as a theoretical framework for socio-legal study. Complexity theory is analysed as being developed in non-organic, organic and social registers, and as exhibiting a specific image of thought. The complexity theory of the non-organic register is introduced in terms of Prigogine’s work on order out of chaos and dissipative structures. The complexity theory of the organic register is introduced in terms of Kauffman’s work on edge of chaos self-organisation in morphogenesis and co-evolution. Finally, the complexity theory of the social register is addressed in terms of assemblage theory. Specifically addressing the level of social organisation and the role of law, the work of J.B. Ruhl is considered as the first working through of the implications of complexity theory for socio-legal scholarship. The article goes on to argue that the key starting points of a complexity paradigm for socio-legal study are: an ontogenetic image of thought; complex dynamic dissipative structures and assemblages in phase space; the socio-legal as complex adaptive assemblages in co-evolution with their broader environment; and commitment to emergence and self-organisation at the edge of chaos. In particular, it proposes that the complexity theory of law allows for the search for lost, hidden, local, bottom-up, emergent modes of legality, and for a new conceptual creativity in socio-legal work. The complexity theory theoretical framework is of particular interest and challenge to scholars working in the social sciences with Maturana & Varela based autopoetic systems theory.     

The Intersection of Intimate Partner Violence and Traumatic Brain Injury: A Call for Interdisciplinary Research

An emerging body of research suggests that survivors of intimate partner violence (IPV) are at a high risk for sustaining traumatic brain injury (TBI). However, most scholars and practitioners working on the problem of IPV have not examined how TBI could be related to their familiar subject of study. Concomitantly, little work in the brain injury field has been done to examine TBI in the context of IPV. In this paper, we encourage cross-collaboration among these fields. To that end, we consider the relationship between IPV and TBI; the difficulty in detecting and measuring the IPV-related TBI and ethical concerns that may arise when addressing this issue. Our work emphasizes the need to recognize the complex interplay among psycho-physiological health and socio-cultural contexts. As such, we present a socio-ecological perspective of IPV-related TBI to provide a contextual framework to guide future interdisciplinary research. Finally, we outline directions for future research.     

"Promises and Pineapples": Post-First World War Soldier Settlement at Beerburrum, Queensland, 1916-1929

Queensland's post-First World War Soldier Settlement Scheme, begun with noble and optimistic intentions in 1916, officially terminated in 1929 after ignominious failure. There were a number of factors which contributed to the erosion and ultimate destruction of this phase of land settlement, but Commonwealth-State antagonism and the incompetence of many State agricultural advisers were certainly significant elements. Beerburrum, just north of Brisbane, was one of the largest groups of settlements which characterised Queensland's attempts to turn swords into ploughshares. Beerburrum soldier settlers and their families strove valiantly to extract a basic living in the face of overwhelming adversity, and an examination of their circumstances offers a valuable window into the trials and tribulations of the entire scheme.     

Linguistic and socioemotional influences on the accuracy of children's reports

A basic but largely neglected issue in research on the reliability of children's testimony is the impact of certain questioning tactics (e.g., use of legalese and socioemotional intimidation) on the accuracy of children's reports. In the present study, 5- to 7-year-old children were interviewed about a standardized play event with free-recall cues and detailed questions that were specific or misleading. Linguistic complexity of questions (complex or simple) and socioemotional context of interview (supportive or intimidating) were varied between subjects. Results indicated that children were significantly less accurate in reporting the event when questioned with complex, developmentally inappropriate questions rather than simple questions, yet children rarely voiced their comprehension failures. In addition, children interviewed by a warm, supportive interviewer were more resistant to misleading questions about the event than were children interviewed in an intimidating manner. Theoretical interpretations and implications for investigative interviewing and policy are discussed.