Sociology and the European Court of Human Rights

This article offers a sociological analysis of the jurisprudence of the European Court of Human Rights (ECtHR). Adopting a sociological jurisprudence approach, the article aims to demonstrate the unique and valuable contribution that sociology can make to understanding key aspects of international human rights law. Whilst the article seeks to develop an agenda for critical sociological research on human rights law, it also aims to persuade those charged with the supervision of human rights of the value of sociological analysis. To achieve this, the article focuses on three separate but inter‐related aspects of ECtHR jurisprudence: first, it considers the ECtHR's approach to consensus in its adjudication of human rights complaints; second, it examines the social control implications of the ECtHR's decisions and judgments; and third, it assesses how conceptualizations of social identity are often foundational to the ECtHR's reasoning.     

Diversion From the Juvenile Justice System: Observations of a Teen Court Program

Teen courts are a multidisciplinary intervention used to divert youth with minor offenses from the juvenile justice system. Observations were conducted at 13 hearings in an urban jurisdiction, with information gathered about the youth respondent, peer jurors, and adult volunteers. Peer jurors engaged in the majority of communication with the respondent during hearings. Adult volunteers, often members of the legal or judicial community, fulfilled supporting functions. Findings suggest that a youth-oriented process with support from adult volunteers can result in active participation from youth, and that teen courts provide opportunities for community involvement.     

Respect,equality, and power: A social psychological perspective

In this article I outline a principled social psychological approach to respect. As a first definitional approximation, I suggest that respect for someone involves the willingness to include that person as a factor in the psychological equation underlying self-regulation. I then review and discuss the fairly recent, but thriving, career of the notion of respect in social psychological research, with particular emphasis on intragroup respect. Next, I turn to conceptual specification and purification necessary for a principled approach to respect and discuss promising efforts to identify the critical social psychological principle or active ingredient of respect. In particular, I make out a case for an equality-based conception of respect in which recognition as an equal plays a central role. The final section examines further theoretical and practical implications of this conception including its relation and relevance to issues of social power. Bernd Simon (Dipl.-Psych., Dr. habil.) is Professor of Social Psychology and Evaluation Research and one of the Directors of the Institute of Psychology at the Christian-Albrechts-University in Kiel (Germany). He studied psychology, sociology and philosophy at the University of Münster (Germany) and the University of Kent at Canterbury (England). In his research, Bernd Simon investigates inter-and intragroup processes, with particular emphasis on issues of identity, power, politicization and respect. He is author/co-author of a number of research articles in international journals and books, including Identity in Modern Society (Blackwell Publishing).     

Women Rule: Gendered Leadership and State Supreme Court Chief Justice Selection

ABSTRACT

While women are underrepresented in many political institutions and leadership positions, nearly half of state supreme court chief justices are women. Is there something about the role of state supreme court justice that facilitates the recruitment of women to this important political position? We examine whether the selection of a woman chief is driven by the court’s institutional need for women’s leadership style or simply the supply of qualified justices. We find that ideological diversity drives demand for a woman chief. A supply of experienced women justices also has a significant impact on likelihood of selection.     

Women and social security: a progressive approach

This article explores some major assumptions underlying the Social Security system and alternative approaches to rendering the system more economically viable, meeting the income needs of the elderly and/or providing greater equity under its benefit and taxation provisions. It attempts to show that the current structure of Social Security not only reinforces but also exacerbates the underlying economic inequalities in our nation's political economy under the guise of a social insurance program. In addressing selected benefit and taxation issues, the article focuses on how working and older women are faring in the 1990s under the Social Security system. It argues that although the program theoretically is gender neutral, its impact is not. Women, particularly those who are single, are poorly served. The article concludes that a progressive restructuring of the Social Security system itself is imperative if we are to meet the needs of a large percentage of workers, older people, and the economic and social demands of the 1990s and beyond. It also offers some suggestions for such change.     

Sex,social hygiene,and the state: The double-edged sword of social reform

Theory and Society -     

以县城为起点推进城乡社会保障一体化

一、城乡社会保障制度应该首先在县域对接 城乡社会保障一体化是二元经济一体化不可或缺的组成部分,它的实现需要经历一个漫长的过程.由于全国各地的社会经济发展水平存在较大差异,因此马上推行全国城乡社会保障一体化的可能性几乎为零.当前,最重要的是先要找到一个起点或是一个切入点,然后分阶段采取措施来逐步推进城乡社会保障一体化.然而在很多省份还没有实现城镇基本养老保险的省级统筹,城镇社会保障其他领域的省级统筹也还没有摆上日程的情况下,若想在近期实现各省城乡社会保障一体化是不现实的.     

Cultural diversity and school equality: Intercultural education in Spain from a European perspective

Formerly a country of emigrants, Spain has now become a receptor of immigrants from other countries. In spite of the great diversity that existed in our country's past, reflection, legislation and educational concern pertaining to cultural pluralism developed only after this phenomenon. In this paper we examine the adoption of the intercultural perspective in education in Spain, and the relationship between policy and practice. We first discuss the theoretical framework that we use. Second, we look at European policies in this area and finally we describe how cultural diversity is dealt with in Spain, both from a legislative and a practical point of view.     

Sex and relationship affect social self-grooming

Preening or self-grooming among young adults was observed in this study. Two hypotheses were tested. The first was that females would preen more than males. The second was that people in the presence of others with whom they share an established relationship would preen less than those who are developing a relationship. Both hypotheses were confirmed.     

Legal Mobilisation and Justice: Insights from the Constitutional Court Case on International Standard Schools in Indonesia

Analysis of the role of courts in shaping access to justice in Indonesia has emphasised the role of judges and the incentives created for them by courts' institutional design. Alternatively, it has focused on individual justice-seekers and their capacities to choose between alternative pathways through the legal repertoire. In this paper, we suggest that ‘support structures for legal mobilisation’ (SSLMs) have also played an important role in shaping access to justice by influencing both the potential for legal mobilisation and the type of justice sought. In making this argument, we focus on a recent Constitutional Court case on ‘international standard schools’. In this case, a group of parents were able to mobilise for legal action only because NGOs provided the required technical expertise and financial resources while the central involvement of an anti-corruption NGO in the SSLM shifted the focus from parents' concerns about discrimination to corruption.     

Responsibilisation,social work and inclusive social security in Finland

ABSTRACT

In this article responsibilisation in social work is studied by analysing two Finnish state-level policy documents (called final report and research report) which concern a current activation initiative called inclusive social security (ISS). It is asked how social workers and clients are constructed as responsible subjects in these documents. Responsibilisation refers to the advanced liberal mode of governmentality, which aims to strengthen citizens’ abilities to self-governance through various techniques that include the intertwined elements of surveillance and empowerment. It is demonstrated that the policy documents construct the social workers’ and the clients’ responsibilities partly in different ways. The final report leads activation to be based on shared responsibility and social work to be more community-based, whereas the research report strengthens more individual-based responsibility of clients and social workers. For the clients, the interpretation of ISS based on shared responsibility would probably be less stigmatising and paternalistic than the one based on individual responsibilities, i.e. approaching long-term unemployed citizens as being personally ‘at risk’ and thus a justified target group of individualised techniques for activation. For social workers and clients, future activation appears to be a wide mix of different techniques, moral expectations and possible ways of being a responsible subject.     

Dependency and interdependency: the incomes of informal carers and the impact of social security

Consideration of the income and social security needs of informal carers has remained conspicuously absent from discussions about 'community care'. Similarly, carers have been more or less invisible in the development of social security policies. This paper reports on a study of the financial circumstances of a sample of working age carers, who were living with and providing substantial amounts of help and support to a disabled person in the same household. The study highlights first, the substantial work-related costs incurred by carers with full time employment; and second the financial dependency of carers without full time earnings, on their spouse, sibling or on the person being cared for. The implications of these findings are discussed in the light of recent developments in social security policies.     

Payroll taxes for social security in the United States: The future of fiscal and social policy illusions

This paper examines the validity of common assumptions about the basis of public support for the U.S. social security program. Various rationales for the social insurance approach are summarized and critically assessed. A review of public opinion surveys from 1935–1981 shows: (1) the distinction between social insurance and public assistance was not regarded as important by the public in the program's early years; (2) most Americans are now aware that the system operates on a pay-as-you-go basis; (3) there is widespread feeling that social security payroll taxes are too high, but at the same time a majority of the population thinks program benefits should be maintained or increased; and (4) serious doubt about the program's future is widespread, with many workers believing that there will not be sufficient money left for their own pensions when they retire. The paper concludes that the explanation of social security's enduring popular appeal and the phenomenon of mass toleration of rising payroll taxes is more closely tied to the perception that the program serves a deserving clientele, rather than a result of the social insurance approach.     

Religion and social capital: evidence from European countries

This exploratory study investigates how various aspects related to religion are related to different dimensions of social capital, based on the latest data from the European Values Study. The study intends to include as many religion-related variables as possible and to cover all main dimensions of social capital. In addition to regression analysis, cluster analysis is used for further exploration of religious composition and its consequences for social capital. The broadest conclusions are that religion is highly related to social capital, but the cognitive dimensions of social capital seem to have a closer relationship with social capital than the structural dimensions. Also, many relationships may be overlooked if not enough different religion-related aspects and social capital dimensions are analysed.