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81.
Abstract Immature moral judgements, cognitive distortions and low empathy could contribute to criminal offending and are often targeted in interventions aimed at reducing risk of recidivism. We compared 58 delinquent 13–18-year-olds, incarcerated in youth homes in Sweden (29 males, 29 females) with 58 (29 males, 29 females) community control adolescents individually matched on age, gender, ethnicity and socio-economic position. Self-report questionnaires examined moral judgement, cognitive distortions, and empathy. Delinquent adolescents exhibited less mature moral judgements and more cognitive distortions than control adolescents. However, no association between delinquency status and self-reported empathy was found. In addition, girls reported more mature moral judgements, less cognitive distortions and more empathy than boys did. Moral judgement and empathy were positively correlated and both measures were negatively correlated with cognitive distortions. Our data support the idea that moral judgement and cognitive distortions are important treatment targets for juvenile delinquents, whereas empathy may be less meaningful to address directly. 相似文献
82.
Recent debates regarding the effectiveness of regulatory policymaking in the European Union (EU) focus on the merits of soft, non-binding forms of regulation between public and private actors. The emergence of less coercive forms of regulation is analyzed as a response to powerful functional pressures emanating from the complexity of regulatory issues, as well as the need to secure flexibility and adaptability of regulation to distinctive territorial economic, environmental, administrative, and social conditions. In this article we empirically assess the above normative claims regarding the effectiveness of soft regulation vis-à-vis uniformly binding legislation. We draw on an exploratory investigation of the application of the Integrated Pollution Prevention and Control Directive of the EU in four countries. Our study reveals that effectiveness in the application of soft policy instruments is largely contingent upon strong cognitive, material, and political capacities of both state regulators and industrial actors involved in regulatory policymaking. In the absence of those conditions, the application of soft, legally non-binding regulation may lead to adverse effects, such as non-compliance and the “hollowing out” of the systems of environmental permits to industry. In the medium term, such developments can undermine the normative authority of the EU. 相似文献
83.
行政混合过错具有实践的现实需求性与理论的研究滞后性,其诞生乃是民事混合过错模式在行政行为实践中融合之结果。要认定行政混合过错应当具备主体、事实、过错和对象四大要件。行政混合过错的理论模式化及理论适用是其实现现实功效的前提。我国当前可以通过司法解释的形式实现对行政混合过错的高成效、低成本规制。 相似文献
84.
This article makes recommendations as to “Best Practices” for the training of mediators in court‐connected settings. The authors’ findings cover issues including the design of training programs, the importance of experiential learning through role‐plays, teaching methods for adult learners, class size and length, training ethical mediators, suggested trainer qualifications, and recommended regulatory practices for administrators. Data comes primarily from an assessment of mediation training and regulation in Florida, but the findings hold insights for court‐connected mediation programs throughout the United States. Additionally, the authors highlight the benefits of a collaborative assessment approach involving all stakeholder groups and facilitating smooth implementation of any needed changes. 相似文献
85.
Rebecca Kristen Wrock 《Contemporary Justice Review》2016,19(2):267-279
AbstractIn America, we like to say that we live in a democracy. Yet, it is difficult to believe that the majority would allow current practices to continue if citizens knew how the food animals they eat are treated – both during their short lives and during slaughter. The problem is that the citizens don’t know, and it is not a case of willful blindness. Take a moment to recall what you know about our meat industry. Can’t think of much? That is the goal of the meat industry: out of sight, out of mind. In several states, so called ‘Ag-Gag’ laws are designed to keep the truth from the public. In those states, it is a felony to obtain a job with the intent of being a whistle blower. The meat industry knows that if it were to be exposed, the public would demand better treatment of animals, a demand that would decrease profits for the meat industry. This paper will explain these ‘Ag-Gag’ laws in detail, explore their effect on our society, shed light on the practices that the meat industry tries – very successfully – to hide from voters and consumers, and examine the scary results that can occur when an industry is allowed to regulate itself. 相似文献
86.
Jodi L. Short 《Regulation & Governance》2021,15(3):653-685
There is broad consensus in the literature on regulatory enforcement and compliance that politics matters. However, there is little scholarly convergence on what politics is or rigorous theorization and empirical testing of how politics matters. Many enforcement and compliance studies omit political variables altogether. Among those that address political influences on regulatory outcomes, politics has been defined in myriad ways and, too often, left undefined. Even when political constructs are explicitly operationalized, the mechanisms by which they influence regulatory outcomes are thinly hypothesized or simply ignored. If politics is truly as important to enforcement and compliance outcomes as everyone in the field seems to agree, regulatory scholarship must make a more sustained and systematic effort to understand their relationship, because overlooking this connection risks missing what is actually driving regulatory outcomes. This article examines how the construct of “politics” has been conceptualized in regulatory theory and analyzes how it has been operationalized in empirical studies of regulatory enforcement and compliance outcomes. It brings together scholarship across disciplines that rarely speak but have much to say to one another on this subject in order to constitute a field around the politics of regulation. The goal is to sharpen theoretical and empirical understandings of when and how regulation works by better accounting for the role politics plays in its enforcement. 相似文献
87.
For many social scientists, government intervention is linked to low levels of social trust and corruption, while others associate it with high trust and low corruption. We aim to reconcile these contrasting views by distinguishing the opposing effects of trust on two alternative types of government intervention: regulation and redistribution. We argue that distrusting individuals demand more governmental regulation (H1) but less government redistribution (H2), and this could be one of the mechanisms explaining why countries with low levels of trust tend to both overregulate and under-redistribute. And the effects of trust on policy preferences are conditional on the quality of institutions. The higher the level of quality of government in a particular region, the more high-trusting individuals will like government redistribution and dislike government regulation that restricts the operations of free markets (H3). We test these hypotheses with data from the latest round of the European Quality of Government Index (EQI) survey, which covers 77,000 individuals from 185 regions of 21 EU member states. 相似文献
88.
Is experimentalist governance (XG) self-limiting or self-reinforcing by virtue of its relationship to strategic uncertainty as an essential scope condition? This article tackles this important but understudied question by elaborating a series of idealtypical pathways for the temporal evolution of XG in specific policy domains, ranging from reversion to hierarchical governance through endogenous reduction of strategic uncertainty at one extreme to institutionalization of experimentalism as a multipurpose governance architecture at the other. It then goes on to test the empirical validity of these contrasting theoretical expectations about the long-term relationship between XG and strategic uncertainty through a process-tracing analysis of electricity regulation in the European Union over a series of policy cycles since the 1990s. Building on and extending previous research in this domain, this article's findings strengthen empirical confidence in the theoretical expectation that XG is self-reinforcing, while diminishing confidence in the claim that it is self-limiting. 相似文献
89.
Genia Kostka 《Regulation & Governance》2016,10(1):58-74
In the existing literature there is general agreement that the effectiveness and efficiency of command and control instruments versus market‐based instruments is highly context specific. A country's particular regulatory environment and state capacity, as well as the features of given environmental problems, play an important role in ascertaining what the “right” set of policy instruments for environmental management might be. This article examines how command and control instruments are used as an environmental enforcement mechanism in China's authoritarian state. Based on extensive fieldwork, this paper shows that the reliance on binding environmental targets as the main domestic policy instrument in China has generated numerous undesirable consequences. While China's target‐based approach to implementation has incentivized local officials to strictly enforce environmental mandates, there are numerous shortcomings in the system. In particular, target rigidity, cyclical behaviour, poor data quality, and the absence of an independent monitoring agency have generated adverse effects and contribute to a yawning gap between regulatory goals and outcomes. The paper concludes that binding environmental targets as the main command–control instrument in China can be more accurately described as “command without control” as the target‐setting central government does not exercise a high degree of control over implementation and monitoring processes. But command and control instruments can be suited for managing “first‐generation” environmental problems and addressing environmental issues that have easily identifiable pollution sources and which are easy to verify. 相似文献
90.
Over the last decade, Chinese citizens, judges, and prosecutors have started to take action against industrial pollution, pluralizing a regulatory landscape originally occupied by administrative agencies. Regulatory pluralism here has an authoritarian logic, occurring without the retreat of party‐state control. Under such logic, the party‐state both needs and fears new actors for their positive and negative roles in controlling risk and maintaining stability. Consequently, the regime's relation to regulatory pluralism is ambivalent, shifting between support and restriction. This prevents a development of a regulatory society that could bypass the regulatory state. Theoretically, this special edition argues for a subjective definition of regulation in a context of pluralism. Moreover, it finds that regulatory pluralism need not coincide with a decentring of regulation. Finally, it highlights how entry onto the regulatory landscape affects the non‐regulatory roles of new actors, creating unintended consequences for regulatory pluralism. 相似文献