民间法与国家法视野下的出嫁女土地补偿款案

出嫁女土地补偿款案频频发生,并非因为农民法律意识缺乏,问题的根源在于"出嫁女户口跟着男方走"的习俗存在着深刻的社会基础。法院对出嫁女案从最初的不受理到最终受理的发展过程,是法院面对民间法与国家法的激烈冲突,根据双方力量对比情况的变化所采取的从妥协、回避到侍机而动,积极应对的调适国家法与民间法关系的过程。     

当代中国女性就业权利的现状分析及救济机制的完善

目前我国关于女性就业方面的法律规范保障不够全面,加上现实中职场中的不公正的潜规则的影响,致使损害女性这一社会弱势群体的合法权益的现象时有发生。本文在对我国目前女性就业权利的现状进行考察和分析的基础上,提出相应的保护和救济机制的完善建议。     

试论“南洋姐”的生存实态及历史定位

19世纪70年代至20世纪20年代,日本的“南洋姐”席卷世界上大部分的卖春市场,对她们人生命运的悲剧性解读,构成“南洋姐”研究的主流视角。但事实上,“南洋姐”奔赴海外,多多少少是一种主体性、主动性的选择。将“南洋姐”视为“被剥夺主体性的女性”,是很难准确捕捉到历史的全部真实的。“南洋姐”以娇弱之躯,在创造自己的历史的同时,为近代日本的海外扩张开辟了道路,也为日本日后的“南进”运动奠定了第一座坚实的基石。     

Patterns of violence and self-harm in women prisoners: characteristics,co-incidence and clinical significance

Self-harm and violence in women’s prisons in England are common and occurring with increasing frequency. We aimed to describe the characteristics and patterns of violent and/or self-harming behaviours in women in prison by conducting a retrospective analysis of routine data about self-harm incidents and adjudications. Incidence rates of self-harm and violence were calculated and associated factors explored using logistic regression. We found that only 6.7% of 5486 women prisoners self-harmed and 7.9% had been violent. Eighty per cent of all self-harm incidents related to 70 women. Almost 4 in 10 women prisoners who self-harmed were also violent. Multiple incarcerations and court movements are associated with incidents of self-harm and violence. Women with high-frequency self-harm (≥6) began self-harming early in their custodial period. We conclude that women prisoners who are very behaviourally disturbed can and should be identified early. They warrant clinical formulation and multi-agency responses to risk. Those with high-frequency self-harm should be cared for by external health services.     

The Needs of Women Offenders

Abstract

Recent corrections research indicates that programs and community services providing assistance and training for women offenders are lacking. Using a sample of 402 female felony offenders, women's needs, including those thought to be criminogenic (i.e., characteristics and circumstances that heighten an individual's recidivism risk), are examined to determine whether certain groups of women possess similar sets of needs. Cluster analysis is used to identify combinations of needs shared within subgroups of female felons. Identification of common and co-occurring needs, particularly those associated with high risk for recidivism, can assist program staff, advocates for women offenders, and correctional administrators in determining what combination of program elements should be available to women, and the degree to which programming must address multiple domains.     

Defeminizing and Dehumanizing Female Murderers

Abstract

Case studies of the 35 women on death row in 1993 suggest that hetero-feminine image is important in engendering chivalry and thus leniency toward female offenders. Lesbians in particular were over-represented in atypical death sentence cases. Featured are media and prosecutorial representations of the cases of five lesbians on death row. These offenders were depicted as manly and man-hating women who occupy additional marginalized statuses, and who vent their rage and irrational desire for revenge through killing. Argued is that this homo-sexualized portrayal of female evil may affect sentencing decisions as an additional “aggravating circumstance” in an already heinous crime.     

Modeling Substance Use and Related Risk Behaviors Leading to Criminal Justice Involvement Among Young Adult Women

Abstract

Using structural equation modeling, two models of the relationship between trauma, attachment, substance use, risk behavior, and criminal justice involvement among young adult women were tested. Overall, the model constructs explained approximately 23% and 36% of the variance in Illicit Substance Use and Risk Behavior, respectively, and 28% of the variance in Criminal Justice Involvement. Data were taken from a longitudinal study of pregnant and parenting adolescents (N = 239). This population is important because they may be at increased risk for involvement in problem behaviors across adolescence and adulthood. Findings suggest that patterns of emotional dysregulation are significant contributors to women's illicit substance use and risk behavior. Implications for intervention and prevention are addressed.     

Rehabilitating serious violent adult offenders: an empirical and theoretical stocktake

Extensive meta-analyses of the correctional programme evaluation literature have generated developments in the technology of programme design. However, the risk, need and responsivity principles do not constitute a rehabilitation theory and cannot answer specialist offender programme design questions. After more than a decade of involvement in programmes for seriously violent offenders, we decided to reassess the empirical evidence underpinning violence rehabilitation in adult men. We focused on both mixed and violent offender samples, reviewing the outcome data from nine evaluations of cognitive–behavioural interventions. Despite a plethora of methodological difficulties, it appears that most of the programmes had small to large effects on violent and non-violent recidivism. Little could be concluded from these evaluations about the most promising theoretical framework for future programme development. Most programmes contained only scant information on their underlying theory base. None referred to multivariate aggression or crime theories. We conclude that there is a pressing need for additional evaluative research, and theory development. To date, the case for specialist violent offending programmes has not been made.     

Reproducing plantation society: Women and land in colonial South Carolina

Some women in colonial South Carolina inherited, possessed, and sold real property. This article examines how and why women took on roles as landowners. Such practices were part of a range of innovative strategies designed to hand down plantation capital to the next generation. High mortality rates in the region challenged white families as they sought to establish their children within the planter class. Recent scholarship on women in South Carolina has identified instances in which “female planters” wielded control over land and slaves, temporarily assuming authority otherwise reserved for men. Tracing the presence of female landowners in land records, plantation advertisements, and court records reveals that although women made up only a small minority of landowners, they performed an important role in transmitting land and bringing it into production. Unlike their counterparts in other slave societies, white women in the Lowcountry were engaged directly in managing the domestic economies of plantation businesses. Even the archetypical female planter, Eliza Lucas Pinckney, conceived of her influential experiments with indigo production as an extension of her primary, domestic responsibilities as a planter's daughter and as a planter's wife. Such intensive and extensive domestic experience accounts for the unusually active roles South Carolina women undertook as family agents tasked with reproducing plantation society.     

Crime Victims and the Social Services: Social Workers' Viewpoint

The aim of this article is to analyse how social workers in the social services describe crime victims and their role in supporting these victims. Based on focus groups with social workers in the social services, it is established that social workers discriminate between a categorical understanding of crime victims and an assessment of individuals in need. The categorical understanding of crime victims is connected to weakness and innocence, and the discussions are constructed with a focus on women and children. However, when the social workers move beyond this idea and describe individual victims of crime they have met, they attribute a more complicated picture and acknowledge the complexity of crime and victimization. The social workers give themselves a vague role regarding support to victims of crime. They consider themselves as able to connect individuals in need with helping resources, but they do not regard themselves as resources in this area. According to the social workers, an individual should not receive support from the social services just because he or she is categorized by them as a victim of crime. One conclusion is that the category ‘crime victims’ has not gained acceptance among the social workers.