Rights, Legal Reasoning and Rational Discourse

Abstract
The first part of this article contains an analysis of the concept of a right, which implies a rational structure of reasoning about rights, elaborated in the second part. In the third part both the concept of a right and reasoning about rights are connected with the theory of rational discourse. The author's thesis is that there exists an internal relation between the theory of rights and the theory of legal reasoning.     

RESIDENTIAL SUCCESSION AND DELINQUENCY A Test of Shaw and McKay's Theory of Cultural Transmission

The impact of neighborhood cultural and institutional lye upon rates of delinquency among black male adolescents is examined. Focusing on three adjacent black neighborhoods at varying levels of black population change, this paper presents direct tests of three corollaries derived from a causal model adapted from Shaw and Mc Kays cultural transmission theory of delinquency. The preliminary results are compatible with the model: the level of delinquency is higher in a racially changing than in two more racially stable neighborhoods. Other findings. however, fail to support the cultural transmission interpretation of these results. Contrary to Shaw and Mc Kay, delinquency is lowest in the area where criminal influences are the most pronounced. This anomaly is discussed and interpreted in a manner consistent with De FIeur and Quinney's (1966) reformulation of differential association theory.     

DELINQUENCY AND SPECIAL DETERRENCE

The research reported herein is a replication of Cluster's (1967) work. The deference is that we recast the interpretation into a framework of special deterrence. The results are paradoxical: relative to others, training school boys give higher estimates of the likelihood of offenses culminating in arrest and conviction, but they are more likely to say that they would commit such offenses in the future.     

SOCIAL INTEGRATION, VICTIMIZATION, AND ANOMIA

Durkheim argues that anomie occurs as a result of some temporary or longterm crisis that disturbs the collective order. Yet, at the individual level an event or events must be perceived as affecting immediate social relationships before anomia occurs. Previous victimization research reports suggest that crimes may cause interaction problems for the victims. This passibility was analyzed using two notional samples collected by the Notional Opinion Research Center in 1973 and 1974. Using regression to analyze the impact of robbery and burglary on anomia scores no significant relations were found. Bath are usually non-recurrent experiences that either do not have long-term effects on individuls, or anomia as measured here is too far removed to serve as an adequate measure.