"Show me your impact": evaluating transitional justice in contested spaces

This paper discusses some of the most significant challenges and opportunities for evaluating the effects of programs in support of transitional justice - the field that addresses how post-conflict or post authoritarian societies deal with legacies of wide spread human rights violations. The discussion is empirically grounded in a case study that assesses the efforts of the International Development Research Centre (IDRC) and one of its Guatemalan partners to evaluate the effects of a museum exposition that is attempting to recast historic memory and challenge racist attitudes in post-conflict Guatemala. The paper argues that despite the increasing trend to fund transitional justice programs, many international aid donors are stuck in traditional and arguably orthodox paradigms of program evaluation. This is having a negative effect not only upon the administration of aid but also upon how transitional justice research is perceived and valued by local populations. The case study experience indicates that there is no perfect evaluation model or approach for evaluating transitional justice programming - only choices to be made by commissioners of evaluation, evaluators, and those being evaluated. These are profoundly influenced by the extreme politics and moral values that define transitional justice settings as contested spaces in which calls to remember the tragic past must be balanced with aspirations to re-build a hopeful future.     

在公正与效率之间:证人出庭作证制度的困境和出路

证人出庭作证问题,涉及证明标准与法律假设、法律规则与法律标准、诉讼效率与诉讼成本、自利偏见与社会效应等诸多方面。证人不出庭作证的规范依据仍然存在、证人出庭作证的权利和义务不对等、配套措施不完善等原因,导致证人不愿意出庭。美国辩诉交易制度在很大程度上减少了开庭刑事案件的数量,其关于书面陈述的规定也减少了证人出庭作证的需求,在一定程度上实现了被告人人权保护和公共利益的平衡,值得借鉴。完善证人出庭作证制度,应以案件"客观需要"为标准,以追求事实真相为出发点,以人权保护和人性回归为落脚点,遵循限制性处罚原则和禁止利益冲突原则,提高相关规定的可操作性。因此,不宜盲目追求证人高出庭作证率。     

对中国社会经济改革进程中收入不平等的认知:一个同期群组的分析

不同群组在对收入不平等的态度上是否会因为个人经历不同的时代背景而产生差异?运用2005年中国综合社会调查的数据,比较四组拥有不同时代背景经历的群组,在转型期对收入不平等的看法。研究结果显示,年龄较老的群组对于收入不平等持有更多批评而年轻群组则对收入不平等有着更为宽容的态度,考虑不同群组中的不同自身利益之后并不能大幅度降低人们对收入不平等的态度上的差异。研究进一步表明,更重要的中介因素是人们对社会公正的信念。     

Forensic Evaluation of Deaf Individuals: Challenges and Strategies

ABSTRACT

Forensic evaluation of deaf individuals presents unique challenges due to many examinees’ fund of information deficits, potential for language deprivation, and examiners’ frequent lack of creativity regarding communication methods. This article describes challenges most frequently encountered in competency to stand trial and criminal responsibility evaluations and offers strategies for overcoming them. The value of employing multiple communication methods, especially the use of illustrations, is emphasized. Suggestions also are offered regarding preparing evaluation reports and effectively communicating “key deaf fundamentals” to legal personnel. Encouragement is offered for qualified, sign-fluent professionals to engage in forensic work.     

A life of one’s own: republican freedom and disability

This article outlines a republican perspective on disability. We argue that a commitment to ensuring the republican freedom of disabled citizens offers a promising account of what disabled citizens are owed as a matter of justice. A republican perspective offers a particular diagnosis of the injustice of disability disadvantage, both in relation to individuals (dominium) and the state (imperium), that is congenial to prominent concerns voiced by the disability rights movement. This article also offers a brief outline of three republican remedies: the right of social participation, the right of opportunities for civic contribution, and the right of democratic contestation. These remedies constitute key guidelines for the robust institutional protection of disabled citizens’ republican freedom.     

Oestrogen Rising 2016: Ireland’s stained and bloodied cloths

A weaver, seamstress, laundress and artist, in this essay I shall spin a yarn, tangle a web, and construct a text(ile) of the inter-weave of narrative and identity that I define as my intellectual, textual, somatic and material/visual practice obsessions. My work explores ‘the places in-between’ in the entanglements of Irish and Northern Irish gender and identity, and in the abject fabrics of death and of desire. As an Irish feminist, sense-making of the complexities, conundrums, challenges and contradictions of my land, my cloth, my body and my culture owes much to Irish women before me who fought for female suffrage, and Irish women now – north and south of the border that divides the island of Ireland – who still struggle for equality of citizenship, social justice, human rights, and full reproductive autonomy. My contention is that when we accept that Ireland herself is a many-layered cloth, a stained and bloodied cloth, a cloth marked irreversibly by history, conflict, denial and abuse, stained by its own repression, marked through denial of all its people’s rights and needs, and bloodied by its greatest export, the haemorrhage of its people, then – polemical, didactic or reflective, with more compassion, empathy, humility and heart – we just might make peace with our past.     

Disability,personalisation and community arts: exploring the spatial dynamics of children with disabilities participating in inclusive music classes*

This paper uses personalisation and the capabilities approach to explore inclusive music classes for children with disabilities in Scotland. It provides a unique insight into the impact of participation through the voices of the disabled young musicians, their parents and tutors. The study highlights the power of inclusive spaces to transform lives, to build confidence and contest disabled identities. It engages in the spatial dynamic of opening up inclusive spaces, as well as exposing emerging tensions in the liminal space that is created through movement between safe and supported spaces and the antithesis, spaces that disempower and marginalise. The findings suggest good practice around personalisation, when conceived of from a social justice perspective, as a template for working with other marginalised groups and in other professional settings.     

Attitudes toward poverty among exit students of undergraduate social work programs in eight Latin American countries

What is the attitude of Latin American undergraduate social work students toward poverty? An earlier study from Europe and other countries worldwide found that most graduating social work students who participated in the research were clear about the socio-structural causes of social problems such as poverty. Still, no data on this topic is available for Latin American countries. The aims of this study were: (1) to describe and to compare eight Latin American graduating undergraduate social work student groups regarding their attitudes toward poverty, as measured by two scales: Causes of poverty scale and Ways of dealing with poverty; and (2) to discuss some of the implications of the study for social work education and practice. Using a quantitative transnational-comparative design, a total sample of 525 nonrandomly selected, graduating undergraduate social work students from eight Latin American countries responded to a self-administered questionnaire. An individualistic attitude to understanding and to dealing with poverty emerged in the majority of the student groups. Multivariate procedures and inferential analyses demonstrated variations across the student groups. Implications for social work education and practice are discussed.     

地下钱庄行为的定性与防控——刑法与经济法互动的视角

地下钱庄并非规范的法律概念，我国对地下钱庄法律价值的判断是基于其组织的非正规性而非其行为的违法性，对地下钱庄行为更多地是借助刑法规制和执法严惩而非制度规范和监管指引。以刑法与经济法互动为视角，对地下钱庄所从事的三类主要业务进行具体分析，对相关法律法规予以细致梳理和客观评价，并结合我国金融生态环境和地下钱庄行为特点提出相应的立法建议和防控对策。提出在治理地下钱庄的过程中应当做到经济法规制在前、刑法惩治在后，监管在前、执法在后，宽严相济、疏堵结合。     

Being Judged,Being Assessed: Young People’s Perspective of Assessment in Youth Justice and Education

Research from the Economic and Social Research Council programme on Pathways Into and Out of Crime prioritised young people’s ‘voices’ in exploring experiences of crime and a range of intervention services. Drawing on data from interviews with 110 young people, this paper explores their perspectives of professional assessment. Embedded within neo‐liberal youth welfare policies are a number of contradictions. Policies encourage ‘individualisation’, ‘responsiblisation’ and ‘self‐realisation’ while also needing to maintain control and regulation of ‘risky’ populations. This paper explores the implication of these contradictions through examining the experiences of young people being assessed in youth justice and education. The impact on their identities as neo‐liberal citizens is discussed in the conclusion.