Forensic psychiatry and the birth of the criminal insane asylum in modern Italy

This paper focuses on the creation of the criminal insane asylum in Italy between unification in 1861 and World War I. The establishment of criminal insane asylums was a triumph of the positivist criminology of Cesare Lombroso, who advocated for an institution to intern insane criminals in his classic work, Criminal Man (1876). As a context for the analysis of the birth of the criminal insane asylum in Italy, this essay also outlines the history of the insanity plea in Italian criminal law and the young discipline of psychiatry during the fifty years after Italian unification.     

Gaps in knowledge about local peacebuilding: a study in deficiency from Jos,Nigeria

ABSTRACT

The emphasis on local or hybrid efforts in peacebuilding literature brings front and centre the importance of being rooted within a particular context, with leadership and vision for social change and justice proffered by local actors. This is the same emphasis found in development literature and a necessary foundation for transformation. Scholars and practitioners nevertheless also note a role for outsiders in supporting local efforts (eg Lederach in 2005). Yet a significant challenge arises for outsiders, and to some extent local actors: how do you know what was tried or is underway that you might support or from which you might learn? This paper reports findings from a collaborative research project that examined the gap between the practice of peacebuilding locally and internationally available ‘knowledge’ via publications produced on local peacebuilding in Jos, Nigeria, between 2001 and 2008. It identifies a staggering gap between efforts and knowledge in the form of publications. The paper discusses the implications of the findings in terms of what it means for outsiders when thinking about helping resource local transformation efforts.     

The future of parenting plan evaluations: A view from the trenches

As expectations rise for parenting plan evaluators to be well-trained, skilled, and knowledgeable in numerous subject areas, and scrutiny of evaluators' work intensifies, the pool of qualified evaluators is shrinking nationwide. The future of parenting plan evaluation as a forensic subspecialty relies upon the availability of competent and committed professionals to do this challenging work, yet few are entering the field. Five experienced parenting plan evaluators from various regions of the United States, including the authors, met for a roundtable discussion to ponder the future of parenting plan evaluations. The panel discussed what drew them to the work, their experiences “in the trenches,” and what has kept them committed to doing evaluations despite daunting challenges. Their views of the rewards and risks of doing the work, barriers and disincentives to newcomers entering the field, recommendations to new evaluators, and outlook for the future are presented.     

Irish civil society: rearranging the deckchairs on the Titanic? A case study of fighting Irish social security retrenchment

Examining the politics of Irish responses to crisis-related social security cuts gives insight into Irish agency and how crisis has shaped the contours of Irish civil society. Despite assertions of lack of protest, Irish retrenchment was resisted and sometimes partially defeated. Using political sociology frameworks to explore interactions between institutional, ideological and interest variables in three case studies of defending cuts enables analysis of resistance strategies. There are tensions when short-term defensive resistance strategies undermine or limit offensive political coalition-building that might offer greater long-term solidarity and more sustainable resistance to intensification of the neoliberal Irish welfare state.     

Gender dimensions of decision-making on production assets and challenges facing women

This article investigates gender dimensions of decision-making on access to, and control over, productive assets for agricultural development in selected communities in Ghana. The men were more educated, resourced, and economically empowered than the women. This resulted in differential access to, and control over, resources by gender and a low level of female participation in decision-making. The study identified a land access gap by gender and crop acreage gap of up to 80% for women as compared to men. Challenges limiting women in agricultural production and processing include inadequate land access, inadequate capital, inefficient processing technologies, and unattractive markets.     

Subjects with agency? Children’s participation in family law proceedings

Galvanised by the UN Convention on the Rights of the Child, many jurisdictions now recognise children’s rights to participate in decisions that affect them. While such legal rights have increased, research on family law proceedings shows how children’s views can still be undermined, ignored or not even sought in decisions about them. This article uses the academic resources of childhood studies, to consider dominant and alternative narratives of children’s participation within Scottish family law. Drawing upon reported case law and empirical research, the article concludes that children’s participation gains protection by being institutionalised but children’s participation is attenuated because it is not recognised as relational and contextual. As rationality, consistency and autonomy are privileged, the weight given to children’s views is lessened by concerns about children being manipulated or distressed. Courts and their decisions may be child-focused, centring on children’s welfare, but they are not child-inclusive, involving children in decision-making.     

Reunification in Intrafamilial Child Abuse Cases: A Model for Intervention

In response to a growing number of requests to help reunify parents and children separated by allegations of child abuse, we developed a model for intervention informed by clinical experience, feedback from clients and professionals, and insights from a growing body of interdisciplinary literature. This article presents a retrospective analysis of 29 intrafamilial cases describing the intervention, outcomes, and problems presented by these challenging situations. The safety and protection of the child was the paramount consideration in determining success, whether or not reunification was achieved. Using informal follow‐up data, 24 of the 29 cases were categorized as successful, 21 resulted in full or partial reunification, and 3 cases resulted in the voluntary or court‐ordered withdrawal of an accused father believed to pose a risk to the child. In 5 cases, the nonaccused parent thwarted efforts at reunification, and the case returned to the court of relevant jurisdiction.     

The Relevance of Intention to Criminal Wrongdoing

In this paper, we defend the general thesis that intentions are relevant not only to moral permissibility and impermissibility, but also to criminal wrongdoing, as well as a specific version of the Doctrine of Double Effect that we believe can help solve some challenging puzzles in the criminal law. We begin by answering some recent arguments that marginalize or eliminate the role of intentions as components of criminal wrongdoing [e.g., Alexander and Ferzan (Crime and culpability: a theory of criminal law. Cambridge University Press, New York, 2009), Chiao (Crim Law Philos 4:37–55, 2010), Walen (Crim Law Philos 3:71–78, 2009)]. We then turn to some influential theories that articulate a direct role for intentions [e.g., Duff (Answering for crime: responsibility and liability in the criminal law. Hart Publishing, Portland, 2007), Husak (Crim Law Philos 3:51–70, 2009)]. While we endorse the commitment to such a role for intentions, we believe that extant theories have not yet been able to adequately address certain objections or solve certain puzzles, such as that some attempt convictions require criminal intent when the crime attempted, if successful, requires only foresight, and that some intended harms appear to be no more serious than non-intended ones of the same magnitude, for example. Drawing on a variety of resources, including the specific version of the Doctrine of Double Effect we have developed in recent published work, we present solutions to these puzzles, which in turn provide mutual support for our general approach to the role of intentions and for thinking that using others as means is itself a special kind of wrongdoing.