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101.
Sally Sheldon 《Feminist Legal Studies》2001,9(2):93-118
Following a Consultation exercise conducted by the Lord Chancellor's Department, the U.K. Government has announced its intention to amend the Children Act 1989 so that the unmarried father who jointly registers the birth with the mother will acquire parental responsibility automatically. In this paper, I draw on the responses made to the L.C.D. Consultation, in order critically to evaluate the arguments for and against reform. A poverty of relevant empirical research makes it impossible to reach a properly informed view on the positive or negative impacts of implementing the proposal. However, the principled arguments: that unmarried fathers and their children are subject to discrimination, or that it is unfair for men to pay child support, yet have no automatic rights with regard to their children, are ultimately unconvincing. I also attempt a more explicitly sociological exploration of the Consultation and reform process, focusing on what it can tell us about evolving social attitudes towards the statuses of `father' and `family' and how they should be valued and protected. 相似文献
102.
Sheldon Leader 《The Modern law review》2000,63(1):55-83
The apparatus of legal principles we use has, far more than we realise, transformed the way we think about the control of private power in the name of social justice. The actual sort of equity that the legal and political system is searching for is not reflected in our major political theories, nor indeed in the official rhetoric of many such systems themselves. The reason for this mismatch has to do with the need to accomodate change – a space opened by the law and unacknowledged by theory.
This article sets out the current theoretical frameworks within which the regulation of private power is analysed, and it contrasts these with a different approach to the problem of justice at work in employment and corporate law that does not find its way into theory. Once that approach is given a formulation, its place within a larger theory of justice is proposed, and its wider implications for the relationship between state and civil society are investigated. 相似文献
This article sets out the current theoretical frameworks within which the regulation of private power is analysed, and it contrasts these with a different approach to the problem of justice at work in employment and corporate law that does not find its way into theory. Once that approach is given a formulation, its place within a larger theory of justice is proposed, and its wider implications for the relationship between state and civil society are investigated. 相似文献
103.
Sheldon X. Zhang Robert E.L. Roberts Kathryn E. McCollister 《Journal of criminal justice》2009,37(4):388-395
This study estimated the impact of an in-prison, therapeutic community (TC) substance abuse treatment program on management costs in a California prison. A deconstruction method was developed to estimate the opportunity cost of staff time and other resources involved in various prison administrative tasks. Compared to “non-treatment” yards within the facility, the TC environment generated lower administrative costs for disciplinary actions, inmate grievances, and major disruptive incidents resulting in lockdowns. These findings suggest that, in addition to their intended rehabilitative outcomes, prison-based TCs may foster institutional environments that help to control prison management costs. 相似文献
104.
The new parenthood provisions set out in Part 2 of the Human Fertilisation and Embryology Act 2008 have been attacked as dangerous and radical, offering a ‘lego‐kit model of family life’ and a ‘magical mystery tour’ in how legal fatherhood is to be determined. In this paper, we explain what is innovative about these new provisions but also explore what they owe to deep‐rooted traditional assumptions about the family. Relying both on published documentation relating to this reform process and a small number of key actor interviews, we trace the imprint of what Fineman has described as the ‘sexual family’ model on the provisions. We conclude that the way that parenthood is framed within the legislation relies on a number of important normative assumptions which received very little scrutiny in this process. We also highlight a number of tensions within this framing which, we suggest, may create future problems for judicial determination. 相似文献
105.
David Farabee Sheldon X. Zhang Benjamin Wright 《Journal of Experimental Criminology》2012,8(3):241-253
Objectives
Describe the authors?? experiences in designing and conducting a randomized field experiment of a community-based, reentry program for ex-offenders.Methods
Two surveys: one with reentry clients not involved in our outcome evaluation, and a follow-up survey of participants who underwent randomization in order to participate in the outcome study. Qualitative input from program staff and clients were also recorded, supplemented with observations of the authors.Results
Having a research staff member located at the program site proved to be a key advantage for monitoring frustrations voiced by program staff and prospective clients, thereby allowing for the modification of the selection procedures over time to minimize resistance. Ultimately, the simplest approach proved to be the most acceptable. The importance of certain procedural justice themes were suggested by the survey results and the observed acceptability of our on-the-spot lottery approach to randomization.Conclusions
The survey results (and our onsite experiences) provided unequivocal evidence that randomization was unpopular, but that resistance can be partially mitigated by adhering to basic principles of procedural justice. 相似文献106.
Distributive and procedural justice are of central importance to past and current theories of the psychology of moral development and the social psychology of justice. In order to explicate the relationships among theories, participants responded to both a measure of moral reasoning and a measure of 15 various justice criteria. Analyses showed that each schema of moral reasoning was significantly predicted by different concerns about social justice. Furthermore, individuals' judgments about justice were best represented by four factors, offering a broader definition of justice in relation to moral schemas. The findings were consistent with Kohlbergian theory; moral reasoning appears to proceed from concerns about self-interest to distributive fairness to procedural justice. 相似文献
107.
The removal of the President of the United States from office is a rare and significant event. This study investigated the influence of procedural fairness and blame attributions on punishment and support attitudes during the 1998 impeachment of President Clinton. This study assessed the influence of the procedural fairness of Clinton's behavior, procedural fairness of the Kenneth Starr/Congress investigation, satisfaction with Clinton policies, and blame attributions on punishment attitudes (i.e., whether Clinton should be removed from office) and support attitudes (i.e., whether individuals would vote for Clinton if an election were held today). Both the procedural fairness of Starr/Congress and procedural fairness of Clinton' behavior significantly influenced punishment and support attitudes. Procedural fairness of Clinton had indirect effects on punishment attitudes (through perceived blame of Clinton) and direct effects on support attitudes. Procedural fairness of Starr/Congress had direct effects on both punishment and support attitudes. 相似文献
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