Taking Stock: An Analysis of Negotiation Pedagogy across Four Professional Fields

This essay analyzes the results of an informal, though extensive, interview-based survey of how negotiation is taught in four distinct fields — law, business, public policy and planning, and international relations. Beyond their similarities, the author points out key underlying differences among the four areas; suggests ways in which insights might be transferred from one context to another; and speculates on some ideas that lie on the horizon for negotiation courses in the decade ahead.     

China's troubled culture

Abstract

China has spent the twentieth century at repeated efforts, in Ezra Pound's phrase, to “make it new.” But it has repeatedly fallen back on tightly controlled political power and organization as the only means it knows—in the process always discouraging individual initiative and forestalling free expression of ideas, qualities perceived by those in power as twin threats to the order of the state. The use of military force against Chinese citizens on 4 June 1989 is only the most recent example that China has seldom allowed itself to experience the creative chaos that might arise from a true “hundred flowers” era, a protected arena of competing voices. This, at least, is the theme that tugs at the cuff of each of the books grouped here—two cultural studies, three memoirs, and a manifesto.     

Utilising an Ubuntu-Centred Communication Management Framework to Analyse CSR Messages on SNSS

ABSTRACT

This article is the result of qualitative research conducted on the corporate social responsibility (CSR) communication disseminated by two financial institutions, FNB and Capitec, on their social networking sites (SNSs). The research employed a phenomenological research paradigm to explore the interactions between the financial institutions and their stakeholders on Facebook and Twitter. Collected data were analysed by means of interpretative discourse analysis as well as two computer-aided qualitative data analysis software programmes, Leximancer and Centim. The authors categorised the financial institutions’ CSR communication in themes and coded it according to a newly formulated theoretical framework of Ubuntu-centred communication practices on SNSs. It was found that FNB's CSR communication was based on Ubuntu values whereas Capitec's CSR communication did not exhibit key characteristics, such as the inclusion of narratives and archetypes, sound conflict resolution strategies, and the presentation of mutually beneficial solutions to societal issues. Based on the findings, it is proposed that organisation-stakeholder interactions can be facilitated when organisations disseminate CSR messages and constructively engage with stakeholders on SNSs. Moreover, culturally-specific communication management strategies, such as Ubuntu-centred communication, should be infused in holistic communication models to foster participatory online communities which are characterised by dialogue, mutual trust and reciprocity.     

Sexually abusive behaviour in juveniles: Deviant and non-deviant pathways

Abstract

In this paper a theoretical framework is presented in an attempt to find an answer to the question of why some juveniles display sexually abusive behaviour and others do not. Until recently, this question has been approached mainly in terms of the presence of psychiatric illness, deviant sexual interests and/or impaired psychosocial development. Empirical research has as yet generally failed to demonstrate this approach to be adequate. It is estimated that only about 40% of juvenile sex offenders appear to show some kind of psychological or developmental deviance. The theoretical framework that is presented here approaches sexual abuse committed by juveniles in terms of normal developmental processes, next to deviant processes. It describes this behaviour, and its presence or absence, as a result of the interaction of biological, psychological and situational factors.     

Choice in a World of New School Types

As school choice options have evolved over recent years, it is important to understand what family and school factors are associated with the enrollment decisions families make. Use of restricted‐access data from the Early Childhood Longitudinal Study allowed us to identify household location from a nationally representative sample of students and to match households to the actual schools attended and other nearby schools. This matching is significant as previous research generally has not been able to link individual households to school enrollment decisions. Using these data, we examined the role that socioeconomic status, race, and ethnicity play in school enrollment decisions. One of our more interesting results suggests that the newest public alternative, charter schools, attracts families with higher socioeconomic status than those that traditional public schools attract. The attraction of charter schools, however, unlike traditional public schools, appears to be racially and ethnically neutral. Families do not choose a charter school because of its racial or ethnic composition, nor do race and ethnicity within a household influence its choice of charter schools. Other socioeconomic factors influencing charter school choice are more similar to factors explaining private school choice than to those factors explaining the choice of traditional public schools. The findings suggest that policies governing the design of charter schools should focus on broader socioeconomic diversity rather than race only.     

The mutuality of risk and community: the adjudication of community notification statutes

Although it has drawn significant attention in the legal literature, the adjudication of community notification statutes (often referred to as 'Megan's Law' in the United States) demonstrates a centrality of both risk and community that deserves attention from a governance perspective. In this paper, I focus on the ways in which concepts of risk and community are mutually constitutive, and how the adjudication of community notification statutes relies on particular visions of 'community' to engage particular ways of conceiving of 'risk', much of which relies on a rejection of expertise and a focus on 'common sense'. This focus on 'common sense', opens up new problematics of government: courts adjudicating community notification cases are working to define the particular mechanics of a state-civil society partnership, and thereby operationalize the preventive state without rendering the state redundant or obsolete, and without opening the state to new forms of legal and political accountability. While providing a case study in the move to advanced liberal governance in the area of criminal law, this adjudication also reveals the contingent nature of risk, and the ways in which judicial invocation of 'risk' and its management can constitute liberal subjects who continue to rely on the state, while no longer expecting the state to be accountable for crime or its control.     

Current psychopathology in previously assaulted older adults

Older adult women age 55+ years (N = 549) were interviewed as part of a population-based epidemiological research study of lifetime experiences with physical and sexual assault and current mental health problems. Although overall rates of psychopathology were low, producing very small cells for comparison, women who reported experiencing physical assault an average of 28 years previously were more likely to present with past year substance abuse, depression, and avoidance and reexperiencing symptoms of posttraumatic stress disorder (PTSD) than those with no previous physical or sexual assault. Women who reported experiencing sexual assault an average of 50 years previously were more likely to present with autonomic arousal and avoidance symptoms of PTSD than those with no prior sexual assault. The aforementioned findings should be considered with caution, however, as sample cell sizes were minimal for all but the PTSD symptom subtypes. Mental health service implications for older adults are discussed.     

Generational Substance Abuse among Male Sexual Offenders and Paraphilics

This study examines three hypotheses: (1) there is an association of parental and offspring substance abuse for sex offenders and paraphilics; (2) there is a higher occurrence of substance abuse among the parents of sex offenders and paraphilics than seen in the general population; (3) substance abuse among the parents will be associated with a higher frequency of birth and developmental abnormalities, learning disabilities (LD), mental retardation, attertion deficit hyperactivity disorder (ADHD), and school learning problems (school dropouts, grade failures, and placement in special education) common in sex offenders and paraphilics. A sample of 1,012 male sex offenders and paraphilics were asked about substance abuse among their parents and about their own birth and developmental abnormalities and school learning problems. Three in five families had a parent who was a substance abuser and there was a significant concordance of parental and offspring substance abuse. Substance abusing parents more often than nonabusing parents had sons with developmental and learning problems on every measure examined. Results suggest that parental substance abuse appears to play a role in the neurodevelopment, associated learning problems, and substance abuse reported in studies of sex offenders and paraphilics and it should be explored as a possible factor in the genesis of sexual disorders.     

Studying Law by Association: Bruno Latour Goes to the Conseil d'État

This essay provides an overview of actor-network theory (ANT) and its potential interest for sociolegal scholars. It focuses on Bruno Latour's 2002 ethnography of La fabrique du droit: une ethnographie du Conseil d'État [The factory of law: an ethnography of the Conseil d'État] (2002b), which provides an analysis of the workings of the French Conseil d'État. The essay seeks to introduce non-French-reading sociolegal researchers to this work and draws out methodological and theoretical implications for research on legal institutions, legal knowledge, and bureaucracies.