当下中国能动司法的知识反思

当下中国的能动司法要充分发挥其积极作用并同时避免不利的实践与后果,就必须要恪守能动司法的限度;也即要处理好“能动”地司法与“依法”司法之间的关系,并在此基础之上型构起能动司法的边界。因而,这不仅意味着,当下中国司法场域里的能动司法,必须要认真对待法治的基本原则,甚至是“法条主义”;而且也意味着当下中国的司法改革,必须要摆脱长期以来西方二元对立的司法知识观对中国司法裁判与司法发展的宰制,以一种新的、当然也是适合于中国社会的司法知识观来引领中国的司法发展。     

Negotiating Access to Land in Nepal

In a rural agrarian economy like that of Nepal, land has traditionally been a primary source of livelihood and security, as well as a symbol of status. Thousands of poor farmers are completely dependent on land for their livelihoods, yet not all of them have access to or control over this fundamental resource. Negotiation for access to land has been a lengthy and complicated process. It remains so in the changed political context of Nepal, where increasing numbers of emerging actors need to be considered, often with conflicting claims and counterclaims. In this context the traditional ways of thinking need to be revised, both with regard to the negotiating process and the mechanisms of land reform, to accommodate the country’s recent and ongoing massive socio-economic transformation.     

Achieving zero hunger: implementing a human rights approach to food security in Ethiopia

A human rights approach to food security seeks to empower vulnerable groups to claim their rights. It also reinforces a government’s obligations to respect, protect and fulfil the right to food. Furthermore, it encourages the integration of the right to food into the design and implementation of food security policies. This article examines the human rights approach to food security, with specific reference to Ethiopia. It assesses the historical causes of Ethiopia’s food insecurity, and examines the legislative and policy measures that the country has adopted over the last three decades in order to achieve food security. Food insecurity in the country is largely explained by the absence of government accountability. In 1973 and 1984, the hunger caused by drought was transitioned to famine not because of overall unavailability of food in the country, but because the government failed to provide food aid to the starved people and concealed the occurrence of famines from the international donors. Despite designing some food security policies over the last three decades, the country has not yet adopted sufficient legislative and judicial measures to enforce the right to food. This article argues that Ethiopia should introduce a framework law on the right to food to end hunger in the context of achieving national food security.     

Informed powerlessness: child marriage interventions and Third World girlhood discourses

Child marriage has gained increased international prominence over the past decades. Organisations working with the issue have promoted empowering girls as the best strategy to address it. Informed by postcolonial feminist theory, this article will locate these discourses in broader ‘turn to the girl’ and ‘turn to agency’ in international development, analysing how Third World girlhood, agency, resistance and voice are conceptualised. Girls are constructed as threatened by their families and communities, with agency exercised through resistance and materialised by their voice. I argue that this ignores the complexity of decision-making processes and broader structural factors related to child marriage, so that interventions providing ‘empowerment-as-information’ for girls to be agents of change instead leave them in a state of informed powerlessness.     

Reaching the Hard to Reach: Drawing Lessons From Research and Practice

Communicating with citizens, stakeholders, or service clients is challenging under normal circumstances. Reaching government audiences who are hard to reach because of language or culture differences, lifestyle unpredictability, mistrust, isolation, or other reasons compounds the difficulty. This article examines who the hard to reach are, addresses reasons why it is important for governments to reach them, explores research and experience, suggests effective approaches for reaching these audiences—drawing upon a social constructionist approach—and proposes lessons and guidelines for public sector communicators. Communication practice and research indicate that more effective strategies include: utilizing knowledge about target audiences; forming partnerships with agencies and individuals that interact with targeted populations; utilizing children to reach parents and older relatives; using ethnic media that effectively reach immigrant and ethnic minority households; and simplifying communication and using feedback techniques.     

Restoring Faith: Resolving the Roman Catholic Church’s Sexual Scandals Through Restorative Justice (Working Paper I)

Two years ago, Independent Academic Research Studies, a UK based international network, started a research and implementation project to explore the potential of restorative justice to help resolve sexual offending cases involving children and young people. One aspect of this project is the use of restorative justice with sexual offending cases that occurred within the Catholic Church. The purpose of this article is to report on the main findings of the first stage of the project, based on desk research into existing or past international projects dealing with the matter. The aim, however, is not to provide a literature review of the main arguments surrounding the topic, but rather a critical overview of the restorative programs and research projects that have been implemented to test the notion’s application in sexual offending cases. The results of these programs will be contrasted with notorious cases that have been processed through the traditional criminal justice system. Therefore, this article is the first in a series on how restorative justice could be applied to help resolve the sexual scandals in the Catholic Church.     

The detection of deception with the reality monitoring approach: a review of the empirical evidence

One of the verbal approaches to the detection of deceit is based on research on human memory that tries to identify the characteristics that differentiate between internal and external memories (reality monitoring). This approach has attempted to extrapolate the contributions of reality monitoring (RM) research to the deception area. In this paper, we have attempted to review all available studies conducted in several countries in order to yield some general conclusions concerning the discriminative power of this approach. Regarding individual criteria, the empirical results are not very encouraging: few criteria discriminate significantly across studies, and there are several variables that moderate their effect. Some of the contradictory findings may have emerged because of differences in the operationalizations and procedures used across individual studies. However, more promising results have been reported in recent studies, and the approach as a whole appears to discriminate above chance level, reaching accuracy rates that are similar to those of criteria-based content analysis (CBCA). Some suggestions for future research are made.     

Hope in the treatment of sexual offenders: the potential application of hope theory

Abstract

The present paper attempts to demonstrate how hope theory is conceptually consistent with current positive approaches to sexual offender treatment. Hope theory and its components of goals, pathways thinking, and agentic thinking is reviewed as defined by Snyder and his colleagues. A theoretical relationship exists between the role of hope and many aspects of sexual offending and treatment. Developmental course, attachment style, and the formation and maintenance of coping styles are reviewed as they relate to hope and sexual offending. A framework by which to apply hope theory to pre-treatment, treatment, and more specifically, self-management or relapse prevention for sexual offenders is proposed. Emphasis is placed on the use of techniques that target hope components, particularly in pre-treatment programs.     

Mock jurors’ perceptions of a child witness: the impact of the presence and/or intervention of a registered intermediary during cross-examination

ABSTRACT

In recent years Registered Intermediaries (RIs) have been involved in facilitating communication in children's investigative interviews and trial proceedings. Their presence and interventions are generally deemed to have a positive impact on child engagement, but their impact on jury appraisal of evidence, during cross-examination is unclear. This study addressed this issue in a more ecologically valid context than that previously used. Adult mock juror participants (N?=?217) watched a video-recording of a mock cross-examination of a child witness in which a RI was present or absent, and in which RI type interventions were either included or omitted. The participants rated the quality of the cross-examination and the child's responses in relation to child credibility, child understanding, legal professional's behaviour, and trial progression. Findings indicated that RI presence or absence, and inclusion or omission of interventions had no effect on mock juror ratings. However, an interaction between these variables demonstrated that mock jurors rated trial progression towards a guilty verdict according to which court professional did, or did, not intervene. The findings also demonstrated that mock jurors based their assessment of trial progression towards a guilty verdict on the evidence presented, and that child understanding per se was irrelevant.