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431.
ROBERT ALEXY 《Ratio juris》1989,2(2):167-183
Abstract. The author's thesis is that there is a conceptually necessary connection between law and morality which means legal positivism must fail as a comprehensive theory. The substantiation of this thesis takes place within a conceptual framework which shows that there are at least 64 theses to be distinguished, concerning the relationship of law and morality. The basis for the author's argument in favour of a necessary connection, is formed by the thesis that individual legal norms and decisions as well as whole legal systems necessarily make a claim to correctness. The explication of this claim within the frame of discourse theory shows that the law has a conceptually necessary, ideal dimension, which connects law with a procedural, universalistic morality. 相似文献
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ROBERT GRANFIELD 《Law & policy》1994,16(1):1-26
Essentialist views reporting the existence of distinct gender differences have received much criticism. Despite these critiques, there is little empirical research on the limitations of these approaches in institutions such as law schools. While studies of legal education have been informed by gender difference theory, few have sought to contextualize difference. This study examines gender difference among students attending Harvard Law School. Using survey and interview data, this study demonstrates that difference is mediated by such variables as occupational goals, social class, and race. Implications of differences among women are discussed as they relate to reforms in legal education. 相似文献
434.
Two landmark policy interventions to improve the lives of youth through neighborhood mobility—the Gautreaux program in Chicago and the Moving to Opportunity (MTO) experiments in five cities—have produced conflicting results and have created a puzzle with broad implications: Do residential moves between neighborhoods increase or decrease violence, or both? To address this question, we analyze data from a subsample of adolescents ages 9–12 years from the Project on Human Development in Chicago Neighborhoods, a longitudinal study of children and their families that began in Chicago—the site of the original Gautreaux program and one of the MTO experiments. We propose a dynamic modeling strategy to separate the effects of residential moving across three waves of the study from dimensions of neighborhood change and metropolitan location. The results reveal countervailing effects of mobility on trajectories of violence; whereas neighborhood moves within Chicago lead to an increased risk of violence, moves outside the city reduce violent offending and exposure to violence. The gap in violence between movers within and outside Chicago is explained not only by the racial and economic composition of the destination neighborhoods but also by the quality of school contexts, adolescents' perceived control over their new environment, and fear. These findings highlight the need to simultaneously consider residential mobility, mechanisms of neighborhood change, and the wider geography of structural opportunity. 相似文献
435.
In a recent paper we proposed a strategy for incorporating threats of shame and embarrassment, along with the threat of legal sanctions, into a rational choice perspective on illegal behavior. In this paper we use that approach in an attempt to account for a reduction in self-reported drunk driving observed in a community between identical surveys conducted in 1982 and 1990. The interval between the two surveys was a period of intense legislative activity and moral crusading at the national and local levels. Our analysis indicates that the reduction in self-reported drunk driving in the community is primarily attributable to an increase in the threat of shame for this offense. 相似文献
436.
Theoretical and empirical work concerning socioeconomic status (SES) and delinquency has mainly been devoted, throughout the past decade, to specifying the conditions under which SES and delinquency are likely to be highly related. Three broad categories of conditions, with 12 particular subconditions, have been hypothesized as specifiers of the SES/delinquency relationship. Here, we review the recent empirical literature as it bears on these potential specifications. The results do not support any of the conditional hypotheses about SES and delinquency, and they again challenge the idea that a negative SES/delinquency relationship is general and pervasive. Almost all of the recent research finds some condition under which SES and delinquency are significantly related, however, and several of the specification hypotheses have not been thoroughly enough investigated to permit firm conclusions about their potency. This poses a quandary for scholars trying to understand delinquent behavior. Possible responses to the situation are discussed. 相似文献
437.
DOES CORRECTIONAL TREATMENT WORK? A CLINICALLY RELEVANT AND PSYCHOLOGICALLY INFORMED META-ANALYSIS *
D.A. ANDREWS IVAN ZINGER ROBERT D. HOGE JAMES BONTA PAUL GENDREAU FRANCIS T. CULLEN 《犯罪学》1990,28(3):369-404
Careful reading of the literature on the psychology of criminal conduct and of prior reviews of studies of treatment effects suggests that neither criminal sanctioning without provision of rehabilitative service nor servicing without reference to clinical principles of rehabilitation will succeed in reducing recidivism. What works, in our view, is the delivery of appropriate correctional service, and appropriate service reflects three psychological principles: (1) delivery of service to higher risk cases, (2) targeting of criminogenic needs, and (3) use of styles and modes of treatment (e.g., cognitive and behavioral) that are matched with client need and learning styles. These principles were applied to studies of juvenile and adult correctional treatment, which yielded 154 phi coefficients that summarized the magnitude and direction of the impact of treatment on recidivism. The effect of appropriate correctional service (mean phi = .30) was significantly (p <.05) greater than that of unspecified correctional service (.13), and both were more effective than inappropriate service (?.06) and non-service criminal sanctioning (?.07). Service was effective within juvenile and adult corrections, in studies published before and after 1980, in randomized and nonrandomized designs, and in diversionary, community, and residential programs (albeit, attenuated in residential settings). Clinical sensitivity and a psychologically informed perspective on crime may assist in the renewed service, research, and conceptual efforts that are strongly indicated by our review. 相似文献
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The prestige of professional journals is an important element in the academic world because of the relationship of journal prestige to the careers of individuals and to the reputations of academic institutions. This study investigates the system of journal prestige in the field of criminology and criminal justice, using the ratings of professional journals obtained from a sample of respondents who are members of professional associations in criminology and criminal justice. The results show that there is a relatively high degree of agreement about the relative prestige of journals in the field, despite the fact that criminology and criminal justice is a multidisciplinary field involving professionals from a wide variety of occupational settings. 相似文献