Expert Testimony Pertaining to Battered Woman Syndrome: Its Impact on Jurors' Decisions

Participants (N = 200) were presented with a criminal homicide trial involving a battered woman who had killed her abuser. Within the trial, both the response history (passive, active) and presence of expert testimony pertaining to battered woman syndrome (present, absent) were systematically varied. As well, half of the participants in each of these conditions were provided with a nullification instruction informing them that they were free to disregard the law and acquit should a strict application of the law result in an unjust verdict. Results indicated that, compared to the passive response condition, the mock jurors were no less receptive to the expert testimony in the active response condition. The impact of the testimony on participants' verdicts, however, was moderated by the nullification instruction. That is, although the presence of the testimony did result in greater verdict leniency, this only occurred when the mock jurors had been released from a strict application of the law. The implications of these findings are discussed.     

"新农村"背景下农民工就业权之法理分析

农民工是伴随着中国改革开放而产生的新兴社会群体,在劳动力市场中处于弱势地位,其就业权益的保障和实现不同程度地受到了旧体制的制约,有的甚至还存在法律的盲区。深入探讨农民工就业权的法理依据,透析我国农民工就业权的保护现状,进而寻求促进和保障实现农民工就业权的对策,对实现建设社会主义新农村的目标,保障整个社会和谐有序发展具有重要意义。     

THE SEXUAL SUBALTERN IN CONVERSATIONS “SOMEWHERE IN BETWEEN”: LAW AND THE OLD POLITICS OF COLONIALISM

Ratna Kapur’s recent book entitled Erotic Justice proposes a new politics of postcolonialism whereby the sexual subaltern disrupts the normative principles of the universal, liberal, legal domain. Kapur traces legal strategies regarding censorship, sex-work, homosexuality, sexual harassment, trafficking and migration which travel a treacherous path, countering allegations of ‘unIndian’ and Western practice with cultural histories of ‘authentic’ sexual legitimacies, towards a new politics of desire. Kapur frames her analysis through postcolonial feminist theory as providing a tool for feminist struggle, yet distinct from and disruptive of a liberal project of global sisterhood. This review deeply values the role of the sexual subaltern which disrupts the tenets of a linear, progressive liberalism. Drawing upon Indian feminist and Western feminist perspectives, the review considers how the distinct position of the postcolonial sexual subaltern subject informs the generic role of law as a tool constructing relations of domination regarding gender, sexuality, caste, property and religion. Kapur observes that both the West and the Hindu Right have engaged with liberal legal principles. This engagement, I argue, exposes and informs law as a historical and contemporary tool of gendered legal colonialism, for sisters to disrupt across the Western and Eastern terrains.Review of Ratna Kapur’s Erotic Justice, Law and the New Politics of Postcolonialism, London: Glasshouse Press, 2005, 219 pp., ￡26, ISBN 1-90438-524-9     

评《安娜·卡列尼娜》中的三个女性形象

《安娜·卡列尼娜》中的三个女性形象安娜、陶丽和吉娣,陶丽主要是作为母亲而存在,吉娣是好妻子的范本,家庭中的天使,而安娜则是一个摆脱了女人三种固有身份的原初状态的女人,她为自己而活然而却终究无法摆脱对男人的内在依附性。三个女人各自散发出了独特的光芒,但她们在不同程度上都受着男权社会形式各异的束缚。这是她们共同的悲哀。     

The Process of Recovery and Rebuilding among Abused Women in the Conservative Evangelical Subculture

This study utilized a naturalistic methodology to develop a grounded theory of the process of recovery and rebuilding among abused women situated in the conservative evangelical subculture. Among all the women, spirituality and church participation were an integral part of their identity and generated culture-specific issues that needed to be addressed in therapy. The women's faith functioned as a meaning-making framework that could either engender shame and guilt or inspire hope and empower transformative change. The church functioned as an extended family system that could minimize, deny, and enable abuse or provide much-needed social support, spiritual encouragement, and practical assistance. The recovery process required that these women rebuild their personal and spiritual identity, redefine their relationship with the religious community, and find ways of expressing their new identity within the religious subculture.     

Work and Family Life among Migrant Factory Workers in China and Vietnam

ABSTRACT

Through on-site interviewing, a comparative study has been carried out about migrant factory workers in industrialised parts of China’s Guangdong province and in Vietnam’s Ho Chi Minh City. Even though China and Vietnam possess similar legacies of socialist transformation and have household registration regulations that restrict rural migrants’ access to urban social services and impede their settlement in cities, there exist marked differences in Guangdong and Ho Chi Minh City in migration patterns, factory work conditions and migrant worker family livelihoods. In particular, migrant families in Ho Chi Minh City largely stay intact and tend to settle there permanently, while married migrant workers in Guangdong normally need to split up their families and remain trapped in circular rural–urban migration. As shall be seen, the national and local governments play important roles in determining the inclusion or exclusion of migrants from urban life, the wages they are paid and their standard of living and, most important of all, their children’s access to education. Each of the two countries’ differences in implementing policies is examined and comparatively analysed.     

Battered women's shelters and older women: The Florida experience

This article describes a study of 25 battered women's shelters located throughout Florida. The research question asked whether older abused women were being served by the state's domestic violence shelters. Although older women were found to be well-represented among shelters' paid and volunteer staff and Boards of Directors, they were poorly represented among the population served by these shelters. Results also indicated that only two shelters of-fered special programming for older women despite the fact that Florida is known for its high percentage of elderly residents. Ways in which shelters might become more involved in meeting the needs of older battered women are suggested.     

Racism and sexism at work

Both racism and sexism have had the effect of handicapping selected groups in terms of salary and access to jobs, promotions, and power. However, the categories of race and gender, and the experience of racism and sexism, differ in many ways. This article reviews the differences resulting from definitions of race and gender, as well as those differences stemming from historical, legal, and demographic factors. In particular, we focused on the interactive effects of racism and sexism in the experience of women of color. We examine the assumption that affirmative action operates equivalently for all racial and gender groups, and suggest some directions for further research.     

统筹城乡发展 引导农民工有序流动——石家庄市农民工流动与户籍改革调查

统筹城乡发展,是解决"三农"问题的重要举措,也是各级政府的一项重要工作.要增加农民的收入,就必须提高农业的生产效率,减少农民的数量,引导农民向城镇和非农产业转移.分析农民工流动的利弊及制约因素,加大户籍改革制度的力度,规范和加强对农民工的管理,在今天具有重要的现实意义.     

Selective Sexual Harassment: Differential Treatment of Similar Groups of Women Workers

If male workers categorize different groups of women coworkers and, subsequently, treat them differently, the experiences of women from one of these groups would not be indicative of the experiences of women from another group. When this different treatment involves hostile environment sexual harassment of one group, but not the other, then the law must recognize the possibility of "selective sexual harassment." Without this understanding of the nuances of the workplace dynamics, a court could mistake the women of the unharassed group as representing "reasonable women" and the women of the harassed group as simply oversensitive. This paper draws on empirical data to demonstrate such a situation and advocates for a version of the "reasonable victim" standard to facilitate a closer analysis of hostile environment sexual harassment suits.