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Edwin Bikundo 《Law and Critique》2012,23(1):21-41
This is a theoretical and empirical investigation into the causal link (if any) between international criminal trials and
preventing violence through exemplary prosecutions. Specifically how do representative trials of persons accused of having
the greatest responsibility for the most serious crimes of concern to the international community as a whole, supposedly bind
recurrent violence? The argument pursued is that by using an accused as an example, a court engages in an indirect and uncertain
substitution of personal rights for social harmony and order. These prosecutions combine a peculiar rhetoric, logic and aesthetic,
all which substitute the responsibilities for a society in general to a particular individual in order to redeem that society
by transferring its communal responsibility onto the individual punished as a form of atonement or expiation. International
and domestic trials, as well as truth and reconciliation commissions, are part of a suite of options addressing communal mass
violence that can work in tandem. However, because those convicted do not have a monopoly on criminality, nor do those merely
reconciled have a monopoly on virtue, exemplification through punishment only targets a few on behalf of the many. Indeed
such a redemptively sacrificial economy distinguishes legal justice from mere vengeance. 相似文献
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In the nineteenth century, British and American parties competed by hiring electoral agents to bribe and treat voters. British parties abruptly abandoned this practice in the 1880s. The conventional explanation is that legislation put an end to agent‐mediated distribution. But this explanation leaves many questions unanswered. Why did the parties use agents for decades, even though they imposed great expense on candidates and were viewed as untrustworthy? And why, after decades of half‐hearted reforms, did the House of Commons pass effective antibribery reforms only in 1883? In our formal model, parties hire agents to solve information problems, but agent‐mediated distribution can be collectively suboptimal. Legislation can serve as a credibility device for shifting to less costly strategies. 相似文献
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Theo Toonen 《Public administration review》2010,70(2):193-202
This essay examines the remarkable careers of Elinor and Vincent Ostrom, exploring polycentricity and human management of common property resources from the “no‐name fields” of public administration in the late 1950s, through the metropolitan public service industries and public choice approach to democratic administration in the 1960s and 1970s and the institutional analysis of common pool resource management of the 1980s and 1990s. It continues with the diagnosis of the self‐governing capabilities of socio‐ecological systems in the 2000s. Many continuities underlie focal shifts in attention. Their work will be related to developments in the public administration field along with illustrations of their pioneer example for public administration on research as a collaborative enterprise. The 2009 Nobel Laureate in economics, Elinor Ostrom has been working from an academic background and intellectual tradition that, particularly through her long‐term collaboration with Vincent Ostrom, is strongly rooted in the classical and prevailing institutional concerns that may be seen as core to public administration as an academic field of education and research.
相似文献
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Marleen Spaans Marc L. Molendijk Edwin de Beurs Thomas Rinne Philip Spinhoven 《心理学、犯罪与法律》2017,23(1):56-78
The current study covers a systematic review and meta-analysis of the prevalence of self-reported deviant or disruptive personality traits: anger, aggression, hostility, antisocial traits, psychopathy, and impulsivity in forensic populations worldwide. A computer-based search of titles was carried out using the PubMed electronic database for articles published in English that included a self-report instrument for personality characteristics in combination with a forensic population (i.e. detained in remand, sentenced and/or in enforced treatment, or on parole). The final sample consisted of 39 studies (N?=?11,716) that together used 17 different instruments and reported on 32 subscales or constructs that fitted our current interest. Results showed significantly higher levels of self-reported antisocial and psychopathic features in forensic samples, including a significant effect of the assessment instrument and subscale used. No significant differences were found for self-reported impulsivity, anger, aggression, or hostility in forensic populations compared to norm scores of non-forensic samples. Possible explanations, including suggestions that forensic populations are prone to providing socially desirable answers on self-report questionnaires, possibly to gain advantages such as a lower prison sentence or to avoid enforced treatment, are discussed, as well as limitations, and suggestions for future research and clinical practice. 相似文献
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In this article a comparison is drawn between the historical Western European marriage pattern (WEMP), and more recent trends in nuptiality in Arab countries. This comparison makes clear that marriage behavior in the present-day Arab world shows striking similarities to nuptiality patterns which have been described by Hajnal and adherents as typically Western European. Due to a combination of economic hardship, ever growing costs in the marriage ceremony, prolonged education and the emancipation of women, people in the Arab world have started to marry at ever higher ages during the past decades. Moreover, there are indications that universal marriage is in decline. Just as Western European couples in the nineteenth century had to spend years of saving in order to meet the economic requirements for marriage, young couples in today's Arab world have to postpone marriage as they are only at a more advanced age able to bear the economic burden involved in getting married. Striking is also the fact that marriage restriction in both societies started at a moment when the social and legal position of women was improving (in late Medieval Western Europe and today in the Arab world). However, in some ways the historical Western European marriage pattern differs from the contemporary Arab pattern. No other marriage regime has been able to completely reduce fertility and balance population growth to economic development. Whereas population growth in pre-twentieth century Europe was only restricted by nuptiality control, demographic expansion in present day Arab society is also restricted by modern family planning. Declining nuptiality in the Arab world can however not, as some might assume, be put under the header of the Second Demographic Transition observed in Western societies, from the 1960s on. After all, until today, a rise in cohabitation and extra-marital births has not occured in the Arab world. 相似文献
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Karen L. Amendola David Weisburd Edwin E. Hamilton Greg Jones Meghan Slipka 《Journal of Experimental Criminology》2011,7(4):407-442