Brief for 885 law professors in support of maintaining adherence to the Roe decision

This brief opposes the overturn of "Roe v. Wade" and resists weakening "Roe's central holding" that would allow states to overturn legal abortion. The brief was written for 885 law professors. "Roe" was not a "constitutional aberration," or "an exercise of raw, judicial power." Some members of the Supreme Court seem to think that the state has "an overriding interest" in protecting fetal life. Some Court members have questioned "Roe's" trimester framework. A person's decision to abort should be done privately. If women are not free to choose abortion, they will not have equality. There is an absence of "express rights of privacy and procreational freedom" in the Constitution. "Roe" was 1 instance of the Court's recognition of constitutional rights that are not named explicitly. Historical materials are drawn on to show the link between trends in society and the "judicial recognition of unenumerated rights." The most serious questions about "Roe" deal with its trimester framework. Justice Blackmun's majority opinion said that the 1st trimester of pregnancy was personal. "Roe" said that abortions created a medical risk at the beginning of the 2nd trimester. Therefore, the government was more interested in the health of the mother at that time. The state could then regulate abortion "in ways that are reasonable related to maternal health." The start of the 3rd trimester was when the fetus was viable. The right of a woman to end her pregnancy "offends powerful moral forces." Some of "Roe's" critics had their scientific facts wrong. Medical authorities think Justice O'Connor is mistaken when she says that "Roe" is "on a collision course with itself." The 23rd to 24th week of pregnancies where the fetal organs can "sustain life outside the womb." This has not changed since "Roe" was decided in 1973, nor is it likely to in the future. Some "amici" believe that the state can never have an interest in the fetus. The state can not have an interest in the fetus distinct from the woman who will give birth to it. During previability, restricting a woman's procreational rights would not be scientifically supportable. The state does have an interest in "upholding the value of human life." "Roe" is "within the mainstream" of constitutional jurisprudence and should be reaffirmed.     

Empathic emotions and justice in society

Empathy is defined as an affect more appropriate to another's situation than to one's own. The paper (i) summarizes different modes of empathic affect arousal; (ii) shows how empathic affect may interact with social-cognitive development, to produce four levels of empathy development; (iii) suggests that causal attributions may transform empathic affect into sympathy, guilt, and empathic anger, which are major moral affects; (iv) discusses how these affects may influence moral judgment and behavior; (v) points up empathic morality's limitations and the need to embed empathy in relevant moral principles; (vi) discusses possible links between empathy and justice principles, with special focus on Rawls; (vii) illustrates the interplay of empathy, moral judgment, and justice; and (viii) suggests that moral principles may become hot cognitions.     

Aednet: A single-discipline network in a multi-national setting

The computer-mediated network is a moderately expanding phenomenon. A major reason for this growth is the need for transferring technology to developing nations. But because many of these nations are not traditional users of advanced technology and because even the purveyors are not yet fully comfortable with the networks, the medium is not being used as much as perhaps it ought to be. In establishing a multinational network, one should be careful to treat all potential users with equity and not create an informational elite. Part of the challenge of such a system is making it accessible to operatives in the field. An effective way of introducing a network is to blend it with existing technologies, keep the costs down and the quality of information up, provide a usable information-retrieval system, and pay attention to microand macro-ergonomics. The Adult Education Network (AEDNET) of the Kellogg Project at Syracuse University has started working on a next-generation computer-mediated network system. It is proposed that AEDNET involve three action groups in the project: researchers, those interested in social implications, and users.     

Introduction

The Federal Republic of Germany celebrated its fortieth anniversaryin May 1989. In spite of the devastation brought by World WarII, the division of the country between East and West, and theloss of one-fourth of its territory, the Bonn Republic was foundedunder more propitious circumstances than was its democraticpredecessa after World War I, the Weimar Republic. Togetherwith an "economic miracle" that brought about economic growthand a high standard of living. West Germany experienced a "politicalmirracle" that led to governmental stability and a system asdemocratic as any other in Europe. Federalism has contributedto this miracle, and, in contrast to the nineteenth century,is now identified closely with democracy in Germany. The articlescontained in this volume provide a broad overview of postwarfederalism in Germany, from its origins, organization, strengths,and weaknesses, to interpretations and assessments of currenttrends and developments.     

Consulting critics: A new role for academic policy analysts

It is by now widely accepted that social science research has only an indirect and general impact on public policymaking. Academic social science research, it is often argued, is antithetical to policy research: the former is animated by traditional scientific canons while the latter is specific and problem-oriented. Moreover, modern bureaucracies are now understood as political environments within which pure research will be routinely ignored if it does not serve someone's interests. For these and other reasons, social scientists are being encouraged either to eschew policy research or not to expect much influence. This article provides an alternative model of social scientists in the policy process, as consulting critics reviewing, analyzing and commenting upon substantive policy research. This model holds benefits for both scholars and clients, turns the canons of scientific inquiry into assets instead of liabilities, and responds to some of the concerns recently raised in the literature concerning the role of social science in the policy process.     

A precise method for evaluating election schemes

A previously published paper evaluated election schemes under a wide variety of election circumstances. This paper improves upon the previous work by refining the measures used to rate the election schemes and increasing the statistical significance of those ratings. With these modifications, we can now draw some new conclusions:

1. In general circumstances, the Borda System outperforms the Copeland System which outperforms Approval which outperforms Majority Rule.
2. The Maximin Rule — strongly supported by Rawls's — turns out to be a reasonable election rule if the number of election alternatives is large relative to the number of voters.
3. With two exceptions, all our election systems performed quite well given a society with highly correlated utilities.
4. Given a polarized society, a serial dictatorship was better than every other election system except Borda.

Perhaps even more importantly, we now have the possibility of conducting some cost/benefit analyses of different proposals for electoral changes.     

Community midwifery and state measures: the new midwifery in British Columbia

The New Midwifery, a form of community midwifery rooted in home birth and intensive prenatal and postnatal care, has attracted great controversy since its appearance in British Columbia in the early 1970s. On the one hand, this form of community midwifery has endured despite legal prohibition. Midwives derive an income from their practices, obtain necessary supplies and equipment, and are active in lobbying for recognition through the State. On the other hand, community midwifery is marginalized and illegal. Out-of-hospital births comprise less than one percent of births in British Columbia (and nationwide). Community midwives are excluded from the provincal Medical Services Plan and they lack hospital privileges if their clients are transferred to hospital. Community midwives are more likely than medical personnel to be tried for criminal negligence causing death and subject to prosecution under theMedical Practitioners Act of practicing medicine without a license.Community midwifery illustrates the structural limits placed on female birth attendants working outside the norm of professionally accredited, hospital situated childbirth. It is concluded that State measures in Canada structure power relations in a dialectical fashion. This includes measures to consolidate the monopoly status of the medical profession and the nursing profession, while temporizing about demands for independent midwifery practice. State powers are however relatively autonomous of dominant economic groups such as the Medical profession. Not all prosecutions of community midwives are successful, and contradictions in State policies surrounding monopolistic powers and civil liberties, and gender relations are evident.An earlier version of this paper was presented at the Canadian Sociology and Anthropology Association Meetings, University of Manitoba, June 1986. The author is grateful for resources provided through the Social Sciences and Humanities Research Council of Canada, the Department of Anthropology and Sociology (University of British Columbia), and the School of Criminology, Simon Fraser University. Comments from Carol Bullock, Nanette Davis, Bob Ratner, Livy Visano and the Journal referees have been helpful in revising this paper.     

Chicano youth gangs and crime: the creation of a moral panic

The relationship between Chicano gangs, crime, the police, and the Chicano community is complex. Neither the problem of youth gangs nor the specialized police units created to cope with this problem arises in a social vacuum. Rather, both emerge from a particular historical structuring of social, economic, and political relations. This paper investigates how and why a moral panic arose concerning Chicano youth gangs in Phoenix in the late 1970s and early 1980s. A variety of qualitative and quantitative data from media reports, interviews, and juvenile court records are used to assess whether it was the actual behavior of Chicano youths or the social imagery surrounding them that formed the basis for the gang problem in Phoenix. I suggest that the image of gangs, and especially of Chicano gangs, as violent converged with that of Mexicans and Chicanos as different to create the threat of disorder. In addition, it was in the interests of the police department to discover the gang problem and build an even greater sense of threat so as to acquire federal funding of a specialized unit.