bluuebunny/crossref_metadata_2025_split huggingface dataset:
Spousal Abuse, Children and the Courts: The Case For Social Rather Than Legal Change
Authors: Neilson Linda 
Published: July 2014

AbstractThis article explores arguments for and against proposals for statutory changes that would require Canadian judges to consider partner or “spousal” abuse when making decisions about child custody and access, in terms of the likely implications for women. The author discusses, in historic context, the relationships of social change to the evolution of social ideology and professional “knowledge” about gender and family and the influences of these on the evolution of family law, in order to demonstrate that legal changes alone are unlikely to produce positive benefits for abused women and their children. Moreover, an analysis of the legal discourse of judges as reported in the Canadian Reports on Family Law between 1983 and 1996 suggests the need for caution. Instead of judicial sensitivity to the special vulnerabilities of women in abusive situations, the case law indicates that judges are applying an “objective” incidents-based approach to assessments of abuse. Because this approach ignores the special vulnerabilities of women and makes it appear that abuse is symmetrical by gender, women may be disadvantaged if judges are required to deny or limit abuser's access to, or custody of, their children. The author concludes that, if what is intended is the protection of abused women and children, the solution lies less in giving more power to judges than in promoting social change through collective action, the evolution of professional “knowledge” that ultimately will find reflection in law, and the allocation of tangible resources for the benefit of abused women and their children.
The Myth of Rapists and Other Normal Men: The Impact of Psychiatric Considerations on the Sentencing of Sexual Assault Offenders
Authors: Dinovitzer Ronit 
Published: July 2014

AbstractCanadian sentencing commissions have recommended that mental illness be considered as a mitigating factor in sentencing. With respect to sexual assault, some feminist literature asserts that over-reliance on psychiatric factors not only absolves the offender, but also serves to reinforce the myth that “normal” men do not rape women and children. In this study, data were collected on 97 Canada-wide sexual assault sentencing decisions from 15 August 1992 through 15 August 1993. This research does not find support for the hypothesis that sexual offenders are typically characterized as suffering from a mental disorder. Furthermore, using multiple regression, an interaction between judicial perception of the severity of the crime and judicial mention of psychiatric factors is found. The data show that psychiatric factors interact with perceptions of force, actually leading to harsher sentences. The impact of this variable turns out to be the opposite of what the literature would expect one to find: judicial perceptions of mental disorder act as aggravating factors in the sentencing of sexual assault offenders when a judge also believes that force has been used in the commission of the offence. The results of this research are then interpreted within the context of labelling theory.
Temporary Protection, Continuing Insecurity: A Regime Replacing Convention Protection of Refugees in Violation of International Law
Authors: Crépeau François , Holland Leanne 
Published: July 2014

AbstractThe system of temporary protection set out in accordance with the conclusions of the Executive Committee of the United Nations High Commissioner for Refugees (Excom) offers the necessary guarantees for the protection of the refugee under such a system. However, regimes of temporary protection recently established in a number of states (for example Germany and the United States) do not respect the conclusions of Excom nor theConvention Relating to the Status of Refugees of 1951and are based on the objective of controlling migratory flows.
What is aCriticalLegal Pluralism?
Authors: Kleinhans Martha-Marie , Macdonald Roderick A. 
Published: July 2014

AbstractLegal pluralism is a contemporary image of law that has been advanced by sociolegal scholars in response to the dominant monist image of law as derivative of the political state and its progeny. The pluralistic image redirects law and society research toward the myriad normative orders outside the circle of “the Law.” This essay considers the epistemological foundations of both legal pluralism and the legal monist image of law against which its proponents are reacting. It argues that contemporary pluralistic imaginations rest on the same impoverished view of law and its subjects that sustains the traditional claim that law comprises only the processes and institutions emanating from the modern political state. The authors propose an alternative image of law in an effort to redirect the sociolegal studies research agenda.Challenging the traditional social-scientific legal pluralism of reified cultures and communities, the idea of critical legal pluralism presented in this essay rests on the insight that it is knowledge that maintains and creates realities: a critical legal pluralism imagines legal subjects as “law inventing” and not merely “law abiding.” The authors argue that, once the constructive, creative capacities of legal subjects are recognized alongside the plurality of these same subjects, the relationship between laws and selves reveals its complexity. They acknowledge that their approach is only one of many possible critical legal pluralist approaches; but they maintain that any reconception of law within a framework of critical legal pluralism is a form of emancipatory prescription. As definitions of law are revised and rejected, new vistas are opened for sociolegal scholarship.
Le Pluralisme juridique comme lutte pour le droit: La folie théorique et méthodologique d'une récente proposition
Authors: Olgiati Vittorio 
Published: July 2014

RésuméCertains auteurs ont récemment fait la proposition de mettre au rancart le «pluralisme juridique» en sociologie du droit et en anthropologie juridique. Selon eux, l'utilisation de cette notion a une connotation qui trahit la dynamique constitutive de l'expérience juridique, jusqu'au point d'empêcher l'avancement de la compréhension scientifique du droit sur la société.Tout en reprenant sérieusement les arguments an soutien de cette proposition – entre autres le manque de clarté entourant la conceptualisation des opérations du droit dans les pays avancés – l'auteur soutient la valeur heuristique de cette notion en tant qu'indicateur de l'éternelle «lutte pour le droit» qui pénètre les stratégies fondées sur l'action tant des autorités que des constituants en opposant les arrangements légaux respectifs tant officiel qu'informel. À cette fin, un certain nombre de variables théoriques et épistémologiques ayant une place centrale dans la littérature classique ou contemporaine de la sociologie du droit seront discutées. De plus, l'importance de cette notion est soulignée non seulement pour le rôle central qu'elle joue dans les grandes écoles de pensée de la culture occidentale, mais aussi comme un outil analytique permettant d'appréhender les changements actuels et futurs de la société occidentale contemporaine : à savoir le déclin et la fragmentation du droit étatique, la mise en cause dans le cadre normatif des standards de référence, la montée des expectatives pseudo-normatives et efin l'émergence de processus extra-légaux de légitimation.
Une analyse pluraliste des conceptions juridiques autochtones devant les tribunaux de juridiction pénale au Canada
Authors: Melanon Hugues 
Published: July 2014

RésuméCet article consiste en une brève synthèse des résultats d'analyse des décisions jurisprudentielles canadiennes en matière pénale à l'égard des accusés autochtones au cours des cent dernières années. L'objectif de cette analyse est de mesurer l'ouverture du droit canadien à certaines formes de pluralisme juridique, à l'aide du concept de «dialogisme», c'est-à-dire une situation où l'ordre juridique étatique (le droit criminel canadien) intègre ou reconnaît l'application de valeurs ou de normes émanant d'un autre ordre juridique (les conceptions juridiques des peuples autochtones). L'analyse des décisions à révélé une lente évolution du droit criminel canadien vers un pluralisme juridique à faible intensité. D'abord, les premiers contacts entre les tribunaux canadiens et les autochtones se caractérisent par une absence de dialogue culturel, à l'exception des décisions de la Cour itinérante des Territoires du Nord-Ouest. Les décisions plus récentes révèlent quant à elles une réticence de la part des tribunaux à accepter que les valeurs autochtones aient une influence sur la composition du jury, l'emplacement du procès et la responsabilité criminelle. En revanche, en matière de détermination de la peine, on dénote une ouverture à l'égard du pluralisme juridique dans les cas de plus en plus nombreux où les tribunaux délèguent une partie de leur pouvoir décisionnel aux communautés autochtones.
Property, Pluralism and the Gentrification Frontier
Authors: Blomley Nick 
Published: July 2014

AbstractThe author seeks to make sense of the political and ethical cleavages associated with inner city gentrification in Vancouver, by an examination of the differing perspectives on real property deployed by the opposing constituencies. He identifies a marked division between dominant and community-based readings of property as an economic, political and legal category, associated with opposed visions of space, place and history. Conclusions are drawn relating to the significance of a geographically informed theorisation of decentred legalities, and the complex politics of power, resistance and domination.
The Juridification and Technicisation of Alternative Dispute Resolution Practices
Authors: Langer Rosanna 
Published: July 2014

AbstractMediation and other forms of Alternative Dispute Resolution as conflict resolution mechanisms are being embraced widely by legal regimes in criminal law, family law, labour law, administrative law, and civil law areas. In this way, frustration with inadequacies of the legal system and an incipient crisis in legitimacy due to delay, expense and impersonality are contained, and control over dispute resolution is reasserted by the legal system. But in the process, these community-based practices also undergo an institutionalising transformation or “rationalisation” which removes them from their social framework and makes them into technical forms of conflict dispute resolution. This article uses an Habermasian analysis to contend that policymakers, legislators, professional and quasi-professional practitioners are thus systemically colonizing potentially liberatory social practices and transforming them into a “technique” where practices are formalised and strategies are imposed on conflict to produce determinable outcomes.
Evaluating FuncSION: A software for automated synthesis of design solutions for stimulating ideation during mechanical conceptual design
Authors: Pal Ujjwal , Liu Ying-Chieh , Chakrabarti Amaresh 
Published: July 2014

AbstractThe goal of the work reported in this paper is to use automated, combinatorial synthesis to generate alternative solutions to be used as stimuli by designers for ideation. FuncSION, a computational synthesis tool that can automatically synthesize solution concepts for mechanical devices by combining building blocks from a library, is used for this purpose. The objectives of FuncSION are to help generate a variety of functional requirements for a given problem and a variety of concepts to fulfill these functions. A distinctive feature of FuncSION is its focus on automated generation of spatial configurations, an aspect rarely addressed by other computational synthesis programs. This paper provides an overview of FuncSION in terms of representation of design problems, representation of building blocks, and rules with which building blocks are combined to generate concepts at three levels of abstraction: topological, spatial, and physical. The paper then provides a detailed account of evaluating FuncSION for its effectiveness in providing stimuli for enhanced ideation.
Comparing two evolutionary algorithm based methods for layout generation: Dense packing versus subdivision
Authors: Koenig Reinhard , Knecht Katja 
Published: July 2014

AbstractWe present and compare two evolutionary algorithm based methods for rectangular architectural layout generation: dense packing and subdivision algorithms. We analyze the characteristics of the two methods on the basis of three floor plan scenarios. Our analyses include the speed with which solutions are generated, the reliability with which optimal solutions can be found, and the number of different solutions that can be found overall. In a following step, we discuss the methods with respect to their different user interaction capabilities. In addition, we show that each method has the capability to generate more complex L-shaped layouts. Finally, we conclude that neither of the methods is superior but that each of them is suitable for use in distinct application scenarios because of its different properties.
A gender-balanced approach to the study of peer victimization and aggression subtypes in early childhood
Authors: Ostrov Jamie M. , Kamper Kimberly E. , Hart Emily J. , Godleski Stephanie A. , Blakely-McClure Sarah J. 
Published: July 2014

AbstractA short-term longitudinal study during early childhood (N= 301; 155 girls;M= 44.76 months old,SD= 8.20) investigated the prospective associations between peer victimization and aggression subtypes. Specifically, observations of relational and physical victimization as well as teacher reports of the forms (i.e., relational and physical) and functions (i.e., proactive and reactive) of aggression were collected at two time points during an academic year. Within- and between-group gender differences were examined as part of the preliminary analyses. In order to address key study questions, both directions of effect between peer victimization and aggression subtypes were examined. We found that teacher-reported proactive relational aggression predicted decreases in observed relational victimization over time, whereas reactive relational aggression predicted increases in observed relational victimization over time. Ways in which these and other findings extend the literature are discussed.
Heightened emotional sensitivity intensifies associations between relational aggression and victimization among girls but not boys: A longitudinal study
Authors: Zimmer-Gembeck Melanie J. , Duffy Amanda L. 
Published: July 2014

AbstractFounded in the social process model, the aim of this study was to identify whether the associations of relational aggression with concurrent and subsequent relational victimization differed depending on early adolescents' personal vulnerabilities and gender. The vulnerabilities of interest were social-information processing variables that convey greater emotional sensitivity, including rejection sensitivity, fear of negative evaluation, and avoidance of intimacy. Participants were 358 early adolescents (176 boys, 178 girls) aged 9 to 13 years. Relational aggression and victimization were assessed via peer nominations, whereas the three indicators of emotional sensitivity were assessed via self-report. Overall, results revealed greater relational aggression at Time 1 to be associated with greater relational victimization at both Time 1 and Time 2. However, this finding was qualified by both emotional sensitivity and gender. When considered separately, girls who were relationally aggressive and emotionally sensitive were at increased risk of victimization at both assessment points. In contrast, no link was found between relational aggression and victimization for boys, although relational vulnerabilities did have unique associations with boys' relational victimization. These findings have implications for our understanding of relational aggression and victimization, as well as for the development of interventions aimed at reducing these problems.
Why the bully/victim relationship is so pernicious: A gendered perspective on power and animosity among bullies and their victims
Authors: Rodkin Philip C. , Hanish Laura D. , Wang Shuai , Logis Handrea A. 
Published: July 2014

AbstractThe bully/victim relationship was studied in a sample of elementary school children (N= 1,289 in first, third, and fifth grades). Three questions were tested. Does bullying involve apower differentialbetween bully and victim? Are bully/victim dyads participants in arelationship, whether mutual liking or disliking? Does thegender compositionof the bully/victim dyad moderate power differential and relational context patterns? Hierarchical linear modeling was used to analyze predictors of the reputational strength of bully/victim ties. The findings revealed that the bully/victim dyads most frequently nominated by peers were characterized by asymmetries in social status, where bullies were increasingly more popular than their victims, and by asymmetries in aggression, where bullies were increasingly less aggressive than their victims. Bullies and victims were likely to select one another as among the children that they least like. Most effects with respect to aggression, popularity, and relationships were moderated by the gender composition of the bully/victim dyad. Implications for a developmental psychopathology perspective on peer bullying and victimization are highlighted.
Relational aggression and psychological control in the sibling relationship: Mediators of the association between maternal psychological control and adolescents' emotional adjustment
Authors: Campione-Barr Nicole , Lindell Anna K. , Greer Kelly Bassett , Rose Amanda J. 
Published: July 2014

AbstractThe association between mothers' psychological control and their children's emotional adjustment problems is well documented. However, processes that may explain this association are not well understood. The present study tested the idea that relational aggression and psychological control within the context of the sibling relationship may help to account for the relation between mothers' psychological control and adolescents' internalizing symptoms. Older (M = 16.46, SD = 1.35 years) and younger (M = 13.67, SD = 1.56 years) siblings from 101 dyads rated the psychological control they received from mothers and siblings, and the relational aggression they received from siblings. Despite some similarities between psychological control and relational aggression, confirmatory factor analyses provided evidence that the two sibling processes are distinct. Maternal psychological control was related to psychological control and relational aggression within the sibling relationship, which were related to adolescents' anxiety and depressed mood. In addition, sibling relational aggression was a more powerful mediator of the relationship between maternal psychological control and adolescent adjustment than sibling psychological control.
Predicting borderline personality disorder symptoms in adolescents from childhood physical and relational aggression, depression, and attention-deficit/hyperactivity disorder
Authors: Vaillancourt Tracy , Brittain Heather L. , McDougall Patricia , Krygsman Amanda , Boylan Khrista , Duku Eric , Hymel Shelley 
Published: July 2014

AbstractDevelopmental cascade models linking childhood physical and relational aggression with symptoms of depression and attention-deficit/hyperactivity disorder (ADHD; assessed at ages 10, 11, 12, 13, and 14) to borderline personality disorder (BPD) features (assessed at age 14) were examined in a community sample of 484 youth. Results indicated that, when controlling for within-time covariance and across-time stability in the examination of cross-lagged relations among study variables, BPD features at age 14 were predicted by childhood relational aggression and symptoms of depression for boys, and physical and relational aggression, symptoms of depression, and symptoms of ADHD for girls. Moreover, for boys BPD features were predicted from age 10 ADHD through age 12 depression, whereas for girls the pathway to elevated BPD features at age 14 was from depression at age 10 through physical aggression symptoms at age 12. Controlling for earlier associations among variables, we found that for girls the strongest predictor of BPD features at age 14 was physical aggression, whereas for boys all the risk indicators shared a similar predictive impact. This study adds to the growing literature showing that physical and relational aggression ought to be considered when examining early precursors of BPD features.
Moderation of maltreatment effects on childhood borderline personality symptoms by gender and oxytocin receptor and FK506 binding protein 5 genes
Authors: Cicchetti Dante , Rogosch Fred A. , Hecht Kathryn F. , Crick Nicki R. , Hetzel Susan 
Published: July 2014

AbstractIn this investigation, gene–environment–gender interaction effects in predicting child borderline personality disorder symptomatology among maltreated and nonmaltreated low-income children (N= 1,051) were examined. In the context of a summer research camp, adult-, peer-, and self-report assessments of borderline precursor indicators were obtained, as well as child self-report on the Borderline Personality Features Scale for Children. Genetic variants of the oxytocin receptor genotype and the FK506 binding protein 5 gene CATT haplotype were investigated. Children who self-reported high levels of borderline personality symptomatology were differentiated by adults, peers, and additional self-report on indicators of emotional instability, conflictual relationships with peers and adults, preoccupied attachment, and indicators of self-harm and suicidal ideation. Maltreated children also were more likely to evince many of these difficulties relative to nonmaltreated children. A series of analyses of covariance, controlling for age and ancestrally informative markers, indicated significant Maltreatment × Gene × Gender three-way interactions. Consideration of the maltreatment parameters of subtype, onset, and recency expanded understanding of variation among maltreated children. The three-way interaction effects demonstrated differential patterns among girls and boys. Among girls, the gene–environment interaction was more consistent with a diathesis-stress model, whereas among boys a differential-sensitivity interaction effect was indicated. Moreover, the genetic variants associated with greater risk for higher borderline symptomatology, dependent on maltreatment experiences, were opposite in girls compared to boys. The findings have important implications for understanding variability in early predictors of borderline personality pathology.