Gender and the law of provocation in the long twentieth century

ABSTRACT

Provocation was an important common law doctrine, separating murder from manslaughter: a matter of life and death. It was particularly significant in the context of ‘domestic violence’. This article examines the doctrine as a lens through which to view gender relations in the long twentieth century. The doctrine developed from its origins in the early modern period until mid-twentieth century. Throughout this lengthy period provocation was narrowly confined for both genders. However, case law developments in mid-twentieth century gave rise to a doctrine which was unforgiving for abused women. At about the same time, statutory and case law changes produced a much broader partial defence of provocation available to men who had killed their wives. It was not until the very end of the century, and the beginning of the twenty-first century, that a more gender-neutral concept of provocation began to emerge as a result of feminist campaigning.     

家庭暴力之“家庭”概念的探讨--以《中华人民共和国反家庭暴力法》为视角

家庭暴力的主体范围的界定，既不可过于狭窄，也不可无限制地延伸扩大，应符合我国法律体系的逻辑，并且考虑到公众的理解与接受程度。以婚姻、血缘为基础的包括姻亲关系在内的亲属关系，以及以一般家庭的生活状态相处，能够表现出彼此的情感信任与依赖的类似家庭关系，如同居关系等，他们之间发生的暴力，无论异性还是同性，均构成对家庭关系网中个体之间亲密关系的破坏，就可以认定为家庭暴力，应该纳入反家暴法的防治范围，给予受害者充分的保护，达到全方位防治家庭暴力的目的，实现家庭领域内的正义。     

农民工权益维护中的工会作用研究

农民工是我国改革开放以来伴随着工业化、城市化、现代化进程而出现的一个规模庞大的特殊群体,他们为城市繁荣、农村发展和国家现代化建设做出了重大贡献。然而其合法权益却屡遭侵犯。作为党联系职工群众桥梁和纽带作用的工会组织,在处理农民工问题、依法维护其合法权益方面,理应发挥其独特的、不可或缺的作用。     

生活垃圾强制分类是否可行?--基于政策工具视角的案例研究

生活垃圾强制分类已在上海正式实施,但强制分类是否可行以及其可行性受哪些条件的制约等问题还需要进行深入的理论探讨。在政策工具的理论视角下,使用政策网络的研究途径,在借鉴国内外已有学术观点的基础上结合"垃圾分类"这一特定主题可概括出本文的分析框架:强制性工具在垃圾分类中的适用性由地方政府和政策网络两组变量决定,其中前者包括地方政府能力和政策营销两部分,后者则由网络规模、网络的开放度、权力关系、凝聚性和连接性等五个具体变量组成。通过对江西省东阳乡和我国台湾地区台北市两地的垃圾分类案例进行研究可以发现:地方政府能力是"强制"的先决条件;地方政府能力强且政策网络适宜时可适用"强制";地方政府能力强但政策网络不适宜时,通过良好的政策营销可以减少来自政策网络的阻力,进而使"强制分类"可行。除本文探讨的主题外,社会治理与垃圾强制分类、差异化的操作模式以及如何通过政策营销重塑政策网络等问题都值得做更进一步的研究。     

新发展阶段实施文化产业数字化战略探究

党的十九届五中全会提出了加快数字化发展的新要求。文化产业数字化有助于扩大内需,满足人民对美好生活的需求;有助于转变经济发展方式,扩大就业;有助于提高文化竞争力,增强文化软实力。转变观念,树立“互联网+”思维;充分发挥市场经济的作用,加强文化体制改革;加强科学规划,完善政策体系;制定并完善适应文化产业数字化发展的法律法规;重视对新型文化业态中的人才培养,为新发展阶段文化产业数字化战略实施的有效路径。     

The Universal Adversary will attack: pigs,pirates, zombies,Satan and the class war

This article explores a category to have recently emerged out of the national security state: the Universal Adversary. The category appears in emergency planning documents and suggests a new way of thinking about the enemy that is becoming embedded in the logic of security and emergency. However, the radical expansiveness of the category offers new possibilities for thinking about the “universality” with which the enemy of bourgeois order has historically been considered and offers new ways of connecting this universality with a particular figure: the disgruntled worker.     

Does Country-Level Social Disorganization Increase Terrorist Attacks?

This study examines the effects of a measure of country-level social disorganization on levels of terrorist attacks and fatalities in 101 countries from 1981 to 2010. We measure social disorganization as the presence of state instability: revolutionary and ethnic war, adverse regime change, and genocide. The classic social disorganization perspective posits that individuals experiencing these types of rapid social change will be freed from the institutional and informal restraints that bind them to society, and keep them conforming to social norms and laws. We examine the extent to which this reasoning applies to the number of terrorist attacks and fatalities from terrorist attacks occurring in countries. To control for the possibility that better functioning states are better able to prevent terrorist attacks, we include two measures of state capacity. We find that controlling for state capacity and a wide variety of other variables, social disorganization is consistently associated with increases in terrorist attacks and fatalities. We consider implications of the results for future research and policy.     

Understanding a New Typology of Batterers: Implications for Treatment

This article reviews early theories of the phenomenology of battering as well as more recent empirical research on batterer personality and behavioral characteristics. These studies yielded inconsistent findings. Most recently, Chiffriller and Hennessy (Chiffriller, 2002; Chiffriller & Hennessy, in press) conducted an extensive study that attempted to expand and correct for the methodological limitations of previous research. Cluster analysis yielded five distinct profiles of men who batter women. Based on the behavioral and personality characteristics that defined each cluster, the following five labels were chosen: (a) pathological batterers, (b) sexually violent batterers, (c) generally violent batterers, and (d) psychologically violent batterers, and (e) family-only batterers. These five profiles, and the implications for understanding battering and developing appropriate interventions, are discussed.     

A review of domestic violence arrest statistics in a police department using a pro-arrest policy: Are pro-arrest policies enough?

This study examined domestic violence arrest statistics in a sheriff's department that does not utilize a community approach and provides little police training on domestic violence. In reviewing all domestic violence reports (n=1870) over a 12-month period, less than one-third (28.8%) of the domestic violence cases ended in arrest. Even the most serious charges (aggravated batteries) were more likely to end without an arrest (62.6%) than with an arrest (37.4%). Although results showed that more men were identified (88.4%) and arrested (91.6%) as batterers than women (11.6% and 8.4%, respectively), closer analyses revealed that arrested women were more often charged with more serious charges (60%) than arrested men (26.0%). Finally, gender and race data indicated that while four-fifths (84.6%) of black females were arrested on felony charges, less than one-fifth (19.5%) of white males were arrested on the same charge. These findings demonstrate a need for further research on factors that may affect pro-arrest policy effectiveness.Forensic psychological resident in private practice in Miami and Fort Lauderdale, Florida.     

工会应努力为职工提供有效服务

当前工会组织在角色定位、服务领域、服务本领等方面存在缺失.要提高服务的有效性,需要更新观念、苦练内功、实化措施.