Retributive and Restorative Justice

The emergence of restorative justice as an alternative model to Western, court-based criminal justice may have important implications for the psychology of justice. It is proposed that two different notions of justice affect responses to rule-breaking: restorative and retributive justice. Retributive justice essentially refers to the repair of justice through unilateral imposition of punishment, whereas restorative justice means the repair of justice through reaffirming a shared value-consensus in a bilateral process. Among the symbolic implications of transgressions, concerns about status and power are primarily related to retributive justice and concerns about shared values are primarily related to restorative justice. At the core of these processes, however, lies the parties’ construal of their identity relation, specifically whether or not respondents perceive to share an identity with the offender. The specific case of intergroup transgressions is discussed, as are implications for future research on restoring a sense of justice after rule-breaking.     

The normalization of intolerance: The 2019 presidential election in Indonesia

The perceived social acceptability of intolerance is believed to drive individual intolerance, a process we refer to as normalization. Social intolerance can be particularly high during election campaigns, when divisive candidates are likely to disparage minorities and outgroups in their rhetoric. Despite the electoral connection, it remains unclear how normalization interacts with partisanship. Does normalization only affect supporters of intolerant candidates, or does normalization spread across the population—even among supporters of the opposition? Relatedly, are the targets of intolerance group-specific, or are all minorities and outgroups at risk? To address these questions, this paper draws on results from a survey experiment conducted during the 2019 Indonesian presidential election. Our findings suggest that normalization affects all voters, albeit in ways that reflect partisan affiliation and rhetoric, which has implications for the study of identity politicization and the conditions under which intolerance is likely to propagate.     

“自造男人”之梦的三重误导——基伦斯《随后我们听到了雷声》对美国男性气质的反思

In John Killens's novel And Then We Heard the Thunder, the protagonist Solomon Sanders could not make the right decision both in his career and marriage, and his personality is often in a split state. This paper maintains that Sanders's practical difficulties and psychological predicaments are closely related to his wrong perception of male identity. All signs indicate that what Sanders identifies is a kind of “Self-Made Man” masculinity which has long been advocated by the mainstream society of America. This model of masculinity's most serious defect lies in the fact that it pays much attention to men's external performance and banishes the spiritual and moral claims in terms of its judgment standard and value orientation. With a full display of Sanders's psychological and practical predicaments, the novel carries out an incisive introspection upon this model of masculinity.     

论身份关系协议对民法典合同编的参照适用

婚姻、收养、监护等有关身份关系的协议存在"参照适用"民法典合同编的空间。"身份关系协议的性质"是身份法律行为及相应身份权利义务关系所展现出的身份共同体特点,也是"参照适用"时对被引用法条限制或者修正变通的判断标准和解释依归。"身份关系协议的性质"具体包括鼓励缔结婚姻、维护夫妻等身份关系和谐安定、实现夫妻乃至家庭共同利益、养老育幼、未成年子女利益最大化等价值追求。应该区分不同类型的身份关系协议、区分同一类型身份关系协议中不同内容约款、区分身份关系协议的内部效力与外部效力,分别讨论"参照适用"的空间。不能脱离身份关系协议的"整体"来看待忠诚协议、离婚财产分割协议或者夫妻财产约定中的所谓"赠与条款"这个"部分",身份关系协议原则上应该作为一个整体,且形成继续性民事法律关系。     

Daily identity practices: Belarus and potato eaters

Food cultivation, preparation and consumption are important references for shaping national identity. Food is a crystallization of the history of a national or ethnic group, of its traditions, mentality, and religious adherence and of very pragmatic material elements reflecting the way of life of the group, for instance, climatic conditions and socio-economic levels. All elements of the history of a group are transmitted and experienced in daily rituals relating to food. Food has strong symbolic, quasi-sacred associations in many cultures: for Slavic peoples bread is a very important symbol, and in Belarus potatoes are known as "the second bread".The role played by banal everyday identity rituals is very important in complex political contexts, where identity building processes aimed at the transformation of a community into a nation-state with common identification denominators are not endorsed by political elite. Belarus is an extremely difficult case from the point of view of identity building: a country without a history (Zaprudnik, 1993), without a nation (Marples, 1999), without an identity (Bekus, 2010). In the Belarusian context, food - especially food which is cheap, rustic and simple to cultivate, such as potatoes - is an important identity marker.     

Identity orientation and stakeholder engagement—the corporatisation of elite schools

Identity orientation provides a means to understand the social motivations of organisational relationships and organisational policy and practices. This study uses identity orientation to understand the highly marketised context of independent ‘elite’ schools in Australia and how they relate to stakeholders to straddle their roles as social institutions that are increasingly required to operate in a corporate manner. Interviews with managers in quite new school roles such as marketing communication and business management were conducted in non‐government schools to understand the schools' external orientations, coveted internal member traits, and frames of reference. The study shows that, in contrast to existing literature on the rhetoric of schools as focusing on ‘the child’, there was a strong emphasis on individualistic orientations in schools that saw stakeholders in instrumental terms of resources and connections, saw teachers as providing an innovative and leading edge, and used other prestigious schools as their frame of reference. To a lesser extent, schools would also be interested in the relationships with families, teachers, and the community for their own means. There were very few instances where the identity orientation was contributing to society, instead, focusing on university and network outcomes for pupils. Using identity orientation provides a theoretical lens to connect organisational governance to stakeholder engagement by providing insights into an organisation's identity including practices and behaviours, in relation to others. Copyright © 2014 John Wiley & Sons, Ltd.     

The politicization of education: Identity formation in Moldova and Transnistria

This article examines how education, linguistic and citizenship policies have influenced the development of Moldovan identity and relations with the breakaway region of Transnistria. The article explores the influence of three specific education policies (Russian language instruction, an integrated history course and Romanian language school closures in Transnistria) on the debate concerning Moldovan identity and ultimately Moldovan statehood. The Romanian language school closures in Transnistria demonstrate that education is not only an important agent of identity formation, but also that such crude political tactics as school closures ultimately affect other education policies, reinforce negative stereotypes and make meaningful dialogue impossible. The larger issue than the school closures in Transnistria is whether devolution of authority on issues such as education policy is possible no matter how autonomy is granted.     

Kinship assignment with the ForenSeq™ DNA Signature Prep Kit: Sources of error in simulated and real cases

Kinship recognition between anonymous DNA samples is becoming a relevant issue in forensics, more so with the increasing number of DNA profiles in databanks. Also, NGS-based genotyping is being increasingly used in routine personal identification, to simultaneously type large numbers of markers of different kind. In the present work, we explored computationally and experimentally the performance of the ForenSeq™ DNA Signature Prep Kit in identifying the true relationship between two anonymous samples, distinguishing it from other possible relationships. We analyzed with Familias R series of 10,000 pairs with 9 different simulated relationships, corresponding to different degrees of autosomal sharing. For each pair we obtained likelihood ratios for five kinship hypotheses vs. unrelatedness, and used their ranking to identify the preferred relationship. We also typed 21 subjects from two pedigrees, representing from parent-child to 4th cousins relationships. As expected, the power for identifying the true relationship decays in the order of autosomal sharing. Parent-child and full siblings can be robustly identified against other relationships. For half-siblings the chance of reaching a significant conclusion is already small. For more distant relationships the proportion of cases correctly and significantly identified is 10% or less. Bidirectional errors in kinship attribution include the suggestion of relatedness when this does not exist (10–50%), and the suggestion of independence in pairs of individuals more than 4 generations apart (25–60%). The real cases revealed a relevant effect of genotype miscalling at some loci, which could only be partly avoided by modulating the analysis parameters. In conclusion, with the exception of first degree relatives, the kit can be useful to inform additional investigations, but does not usually provide probatory results.     

从基础规范看现代立宪转型之道

效法西方国家立宪是后发现代国家的通例却往往效果不彰,如何诊断这一现代病就变得非常关键。凯尔森的基础规范概念为此提供了重要工具。文章由此出发,先是批判性重述这一理论,认为凯尔森内容中立的基础规范无法胜任从实然向应然转换的功能;进而探讨基础规范证立所经历的三阶段,这实际上构成了立宪转型的内在逻辑结构;之后考察49年《共同纲领》的立宪实践。最后再次回到立宪转型之功能,当代思想中有两个与之相对应的典型范式：契约合意与商讨合意。在检讨了康德所代表的契约合意论之后,文章最终指出,通过商讨合意来实现立宪转型是更为优选的理论范式。     

Theory and Practice of Public Administration in the Philippines: Concerns for an Identity Crisis

Abstract

The discipline of public administration in the Philippines has been undergoing its version of an ‘identity crisis’ over the past decade. This crisis has been manifested in four areas: (1) the inordinate influence of mostly American public administration theories and concepts upon Philippines public administration has led Filipino academics in the early to mid-1980s to ask the question ‘is there a Philippine public administration?’; (2) the perceived disconnect between theories of public administration as taught in schools and the realities in the outside world has raised questions of the relevance of the discipline to real world challenges; (3) the continued frustration over the perception that in spite of many public administration and governance reforms, the Philippines continues to be among the more corrupt nations in the region; and (4) the recent fascination of academics in other disciplines, especially economists, that ‘institutions matter’, has led some public administration scholars to argue that their discipline has been arguing precisely the same point since the 1950s.