Breaking Silos of Legal and Regulatory Risks to Outperform Traditional Compliance Approaches

European Journal on Criminal Policy and Research - The ever-evolving legal and regulatory landscape and resulting pressure on organizations to adapt and comply is just one of many factors that have...     

The Ends of Innocence: Age as a Mode of Inquiry in Sociolegal Studies

This article considers two recent books in the history of childhood, youth, and the law: Holly Brewer, By Birth or Consent and Stephen Robertson, Crimes Against Children . It argues that these works mark the emergence of age as a category of analysis in sociolegal studies. It calls for further investigations in the legal history of childhood and youth, outlines several areas of interest, and suggests that attention to age will alter how scholars look at the law by complicating key concepts such as innocence, authority, and citizenship. Studies of age and the law could benefit from cross-cultural and transnational approaches.     

<Emphasis Type="Italic">Sheldon S. Wolin:</Emphasis> Tocqueville between two worlds: The making of a political and theoretical life

Ohne Zusammenfassung

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Sheldon S. Wolin: Tocqueville between two worlds: The making of a political and theoretical life Princeton/Oxford: Princeton University Press 2001, 650 S., $ 24,95

     

Victims and new wars

Interpretations of ‘new wars’ are contradictory. While some stress the asymmetry of intentions, strategies, and capabilities of antagonists, others emphasize the identity of warring parties in sharing the same space of political violence. Introducing elements of a political anthropology of victimhood, this paper suggests that the polarity in new wars is driven by self-representations of collective victimhood. Modes of total warfare in the twentieth century shifted the moral centre of gravity towards representations of humanity as a transcendent victim. The universalist sacred of protecting humanity as a victim, however, masks the polarity between antagonists who legitimize aggression by defensive propositions in the name of suffered victimhood. On the one hand, moral justifications of revenge for victimhood support claims for the asymmetry of polarity. On the other hand, this asymmetry of proliferating victims conceals an ongoing symmetry of rivalry. Ultimately, the focus on political agency and on moral justifications maintains the illusion that the other is the aggressor. A new moral economy requires acknowledging the deep interdependence of rivals. The aggressor has always been aggressed. If the moral core of warfare is in the de-humanization of the enemy, possible paths of reconciliation require the moral recognition of the enemy's same humanity.     

Overlooking Feigning Behavior May Result in Potential Harmful Treatment Interventions: Two Case Reports of Undetected Malingering

Clinicians tend to overestimate their ability to recognize feigning behavior in psychiatric patients, especially if it concerns patients who have been admitted for observation. Feigning can be either externally motivated (e.g., for financial compensation, known as malingering) or internally motivated (e.g., to assume the “sick role,” known as factitious disorder). Persistent presentation of severe symptoms is usually associated with the factitious disorder. We present two patients with strong external incentives who consistently and convincingly feigned severe psychiatric symptoms during a protracted period of inpatient observation in a specialized center; both were engaged in a procedure for medical asylum. The first case presented with the clinical picture of a psychotic depression with severe motor symptoms, and the second case showed symptoms of a chronic post-traumatic stress disorder with secondary psychotic symptoms. Both cases were thoroughly investigated but feigning was overlooked, and unnecessary and harmful treatment interventions were given. To prevent iatrogenic damage, we recommend a critical attitude that takes malingering as an option into account in settings where patients are often involved in high stake legal procedures. A clinical sign that might indicate feigning is therapy-resistant symptoms. To rule out feigning a comprehensive, multimethod approach is required, but an active stance toward collateral information is essential. Specialized psychological tests may be useful for preliminary screening, but for their use in culturally diverse populations as in refugee mental health more research is needed.