Messages from a rarely visited island: Duress and lack of consent in marriage

If we fear repetition in the signs that come to us from the world, it is because in that repetition we discover that the world's powers are always there, dozing perhaps, and surely somewhat removed, but still present and ready to swallow us as if we were a word in their language. If we feel strangely uneasy when we note that a word, automatically repeated, seems to lose all connection with its meaning, it is because at the very moment we sense the weakness, the precarious nature of the act on which all culture is based.I would like to thank the following for reading and commenting upon my work at various stages: Kate Green, Jeremy Roche and Qudsia Mirza.     

Demythologizing inaccurate perceptions of the insanity defense

Public opinion data show that the most prevalent concern expressed regarding the insanity defense is that it is a loophole through which would-be criminals escape punishment for illegal acts. This article examines the extent to which the public's perceptions of the insanity defense are consistent with newly collected empirical data. Specifically, it compares perceptions of the use, success, and outcomes associated with the insanity defense to data derived from a large-scale study of insanity pleas in eight states. The analysis reveals that the public overestimates the use and success of an insanity defense and underestimates the extent to which insanity acquittees are confined upon acquittal. The role of selective media reporting in the formation of public perceptions is discussed.An earlier version of this paper was presented at the 1992 meetings of the Society for the Study of Social Problems. Special thanks go to John Monahan and Joel Dvoskin for reviewing an earlier draft and to Sharon Steadman for providing editorial comments.     

Elmer's case: A legal positivist replies to Dworkin

Conclusion I have argued that Legal Positivism can accommodate the existence oftheoretical disagreements in law and that Ronald Dworkin is wrongto claim otherwise. As far as Legal Positivists are concerned, evenjudges who differ over both the truth of propositions of law and thegrounds or sources of law can have a legal duty to resolve their dis-agreements on the basis of legal arguments. The duty exists whenconventional legal practice creates it. Moreover, all Anglo-Americanlegal systems impose the duty on judges because all such systemscontain legal practices of the right sort: practices creating expectationsthat cases will be decided on the law even when they raise doubtsabout the content or proper formulation of a rule of recognition.Thus, Elmer's Case poses no threat to Legal Positivism. To the con-trary, it reveals the richness of that theory as few other cases can.Only if Elmer's Case is detached from the context of Anglo-American adjudication can it be said to undermine Legal Positivism.But then no theory of positive law could withstand its challenge.A draft of this essay was presented at a political theory workshop at the University of Chicago. I am grateful for comments received from Russell Hardin, Leo Katz, Steven Fletcher and Thomas Christiano on that occasion. I also thank Steven Walt and Jules Coleman, two of the better dressed philosophers I know.     

Neighborhood Characteristics, Peer Networks, and Adolescent Violence

Although ecological researchers consistently find high rates of crime and violence within socioeconomically disadvantaged neighborhoods, there is little consensus as to why this pattern exists. To address this question, we use data from the National Longitudinal Study of Adolescent Health (n=12,747) to examine three related research questions. Are neighborhood characteristics associated with adolescent violence net of compositional and selection effects? Are neighborhood characteristics associated with adolescents’ exposure to violent and prosocial peers? Does peer exposure mediate the neighborhood characteristics–violence association? Results indicate that across a wide range of neighborhoods, socioeconomic disadvantage is positively related to adolescent violence net of compositional and selection effects. Additionally, neighborhood disadvantage is associated with exposure to violent peers, and peer exposure mediates part of the neighborhood disadvantage–violence association. Joining structural and cultural explanations for violence, our findings suggest that neighborhood disadvantage influences adolescent violence indirectly by increasing opportunities for youth to become involved in violent peer networks.     

'I've lost the plot': an everyday story of legal aid lawyers

This paper examines the impact on a specific group of solicitors in the United Kingdom of recent changes in the delivery of legal services. These changes are seen as a form of the New Public Management (NPM), and the paper explores the proposition that NPM is producing a public sector characterized by high output but low morale, through an analysis of qualitative data from a group of 'political' legal aid practitioners. The data is seen to support the high-output/low-morale thesis, and the paper argues that one effect therefore of legal aid reform may be to damage the 'political' lawyer's project of empowering the client and countering social injustice.