Moral Reasoning in Interactional Context: Strategic Uses of Care and Justice Arguments in Mediation Hearings*

Previous studies of moral reasoning have treated moral reasoning as a product of the individual. This article extends the study of moral reasoning by analyzing its use in strategic interaction. I analyze how participants in a naturally occurring situation of conflict use moral arguments strategically and negotiate over the types of arguments that are acceptable. Gilligan's Care and Justice modes of moral reasoning are identified in participants' justifications for positions taken in nine videotaped mediation hearings. I found that participants may use both modes of reasoning during the course of a hearing, and that the type of moral argument used is often a response to the actions of other participants. Strategic uses of moral arguments included shifting mode to challenge or support another's position, bridging a difference in mode between two disputants, and shifting mode to refocus the topic. Because of their institutional and interactional roles in the hearings, mediators play a major role in negotiations over mode of moral reasoning.     

Rule of law: Sharia panic and the US Constitution in the House of Representatives

In spring of 2011, Peter King (R-NY) convened a hearing titled ‘The Extent of Radicalization among American Muslims’ in the US House of Representatives. Democratic participants critiqued the hearings and contextualized the proceedings within the long history of institutionalized racism in the USA. They argued that the hearings were a threat to the Constitution itself, a violation of the Fourteenth Amendment's equal protection clause and the First Amendment's guarantee of freedom of religion. Republican participants shared concerns about threats to the Constitution but suggested that the hearings were part of a strategy to combat this threat. Numerous Republican participants identified forms of Islamic law, or sharia law, as the primary threat to the integrity of the rule of law (ROL). Despite opposing positions, all actors agreed that the ‘ROL’ is that which will save the nation from threats posed from both outside and inside the nation and, as such, it is the ROL itself that must be protected. In this sense, the ‘ROL’ ensured by the Constitution inadvertently became the primary object of the hearings. In this essay, we bring analytical approaches from performance studies and anthropology to argue that the hearings impel a re-examination of the concept of ‘ROL’ itself. Rather than simply addressing the legislative effects of the hearings, we are interested in what they reveal about the performative and cultural dimensions of the law and the lawmaking process. While critics of the hearings derisively referred to them as ‘political theater’, we suggest that it is the nature of the King Hearings as staged public spectacle that imbue them with a politically performative power. We also identify the specific effects of sharia panic in contemporary US American political and legal discourse.     

Custodial Citizenship in the Omnibus Autism Proceeding

In contemporary processes of citizenship, parents and other caregivers often must make claims to the state on behalf of children with disabilities. In this article, we draw from data on the Omnibus Autism Proceedings (OAP), which were a series of hearings in 2007 and 2008 in which parents of children with autism attempted to receive compensation from a federal program for vaccine injury. During these hearings, parents and their attorneys obfuscated the children's subjectivity and instead showcased the children's physical suffering in order to claim that their children had suffered a legitimate injury from vaccines that warranted compensation. We develop the concept of custodial citizenship to account for the process by which a legible rights‐bearing subject appropriates the bodily suffering of the injured party in order to gain citizenship rights on behalf of that individual. In doing so, we trace the slippages of harm that occur in the lived experience of disability among family members and caregivers, in contrast to the individualizing rights‐granting framework of the court system.     

Systemic Constraints to Ecological Well-Being: The Case of the 1985 Food Security Act1

Abstract Although the conservation title of the 1985 Food Security Act was hailed by many as revolutionary in its attempts to control soil erosion, it has failed to live up to its billing. A theory is used that asserts that the state's systemic commitment to promoting capitalist growth constrains it from establishing and implementing policies that accomplish anything more than displacing one environmental problem onto others. The theory is tested through a discourse analysis of the hearings surrounding the Federal government's attempt to control soil erosion through the 1985 Food Security Act, which revealed that policy recommendations challenging the drive to maximize efficiency and production were declared flawed and unacceptable. Hence, the hearings were systematically distorted in favor of the dominant instrumental rationality. It is concluded that government policy initiatives alone are insufficient and that creating alternative social organizations of production is necessary to promote ecological well-being.     

Rights and the Children's Hearings System: The perceptions of five participant groups

SUMMARY: This article arises out of research conducted between 1990 and 1993 into the Scottish children's hearings system. The research was undertaken over a three-year period in three regions of Scotland and involved five groups associated with hearings system operations: panel members, reporters, social workers, secondary teachers and police officers. Two research techniques were employed-a questionnaire which was distributed to 620 respondents and follow-up semi-structured interviews with 45 of those respondents. This article provides a brief outline of the features of the Scottish children's hearings system, and considers the rights held by children and parents within the system and some possible developments of those rights.     

Legal Ruralism and California Parole Hearings: Space,Place, and the Carceral Landscape*

This article discusses the important relationship between rurality and criminal justice processes, drawing on field observations and in-depth interviews with parole commissioners to argue that California's physical carceral landscape profoundly shapes lifer parole hearings. First, commissioners report that prisons' location in rural areas affects the rehabilitative resources available, which are seen as an important aspect of their readiness for release. Location and perceived rurality of prisons shape commissioners' perception of the inmates at various institutions, creating implicitly different standards for inmates housed at different prisons. Second, spatiality and rurality influence parole commissioners' work lives, exacting a toll that includes onerous travel, early burnout, and challenges to assembling a diverse board. Together, these findings underscore the importance of legal ruralism to the relationship between spatial and carceral landscapes.     

Strategies and Pretrial Hearings for Child Protection

Abstract

There are various tools that attorneys and their clients might use in custody and/or visitation disputes involving family violence. This column sets forth examples of pretrial motions, hearings, and other strategies. These are used to provide the court with detailed information about the abuse that has happened and the impact that the court's decisions will have upon the children involved.     

The fear of public relations in foreign affairs: an examination of the 1963 Fulbright Hearings into foreign agents

Public relations has long been looked at with suspicion given its use of persuasion to influence public opinion. That suspicion turns to fear when public relations is linked to propaganda. The 1963 Senate Foreign Relations Committee's investigation into the Foreign Agents Registration Act provides an opportunity to explore the fear of the public's susceptibility to propaganda and the perceived role of public relations in shaping public opinion. Public relations practitioners working for foreign clients were portrayed in the hearings as mercenaries who worked behind the scenes to influence American foreign policy.     

An Analysis of Labor Union Participation in U.S. Congressional Hearings

Using both a new data set of labor union appearances in congressional hearings and archival data on union organizational resources, this article analyzes factors that determine whether a labor union will be represented in congressional hearing testimony in a given year. Consistent with the expectations of resource mobilization theory, organizational resources are important predictors of participation in congressional hearings. For example, membership is an important predictor of testimony in hearings, as is the number of lobbyists on staff and the character of a union's primary industry. However, membership in the AFL‐CIO federation is negatively related to hearing participation, and some of the benefits of having a large membership base may be diminishing over time. Implications for the study of interest group politics and organizational political strategies are discussed.     

The Administrative Hearing Experience:

Differential treatment of men and women by employers has recieved much attention in recent years. At the extreme, disparity in the treatment of women in the military, federal employment, institutions of higher learning and private employment has been identified, and remedial actions initiated through legal means instituted under various federal laws. Researchers have also investigated disparity in the treatment of men and women within the legal system, although most attention has been focused on criminal judicial processes. Non-criminal legal proceedings constitute an institution in which possible disparity in both the treatment and attitudes of women and men participants has not been fully analyzed. Administrative hearings comprise a large number of legal proceedings in which women claimants face primarily men hearing officers. Hearings involving unemployment insurance and welfare claims, and Social Security, provide the most likely confrontation women will have with the largely male dominated judicial system. This study compares both objective aspects of administrative hearings and claimants' perceptions of the hearings for men and women involved in unemployment insurance claim appeals. Interview data and quantitative analyses of apporximately 350 hearings conducted in a field experiment in New Mexico during 1980 provide the information for the analyses. The findings reported show that women claiments are more prone to lose in appeals than men claimants even when other confounding factors such as issues involved are controlled. Women claimants also tend to talk more than their male counterparts in the hearings. While patterns in questioning did not differ for women and men, women definitely talked more than men, although it did not appear to improve their chances of winning. In contrast to the striking differences in hearing outcome and the length of testimony provided by men and women claimants evaluations of the hearing experience were quite similar for the men and women. This exploratory research suggests that more work should investigate success rates of men and women in other non-criminal legal proceedings, and continue to test explanations for any observed differences in such rates.     

The marginalisation of children by the legal process

A major study carried out in the Melbourne Children's Court, Victoria, Australia, during 1993–1995, of the factors that influence magistrates' decision-making in child abuse cases, found that magistrates relied more on their legal training and individual discretion than on information from the child protection service when making these decisions. Magistrates' emphasis on adversarial procedures meant that the need to establish the facts in a case was the court's primary consideration and that children's interests, and welfare concerns about them, were marginalised in the hearing of child abuse matters. The article reports on this aspect of the larger study: how the adversarial process ill serves the rights, and best interests, of children in the hearing of child abuse matters and provides case examples to illustrate this. The information is drawn from the qualitative and quantitative data gathered for the major study; data collected from the observation of court hearings, interviews with magistrates and court record analysis.     

Fertility and social change: the neglected contribution of men's approaches to becoming partners and parents

Attitude survey and interview data are mobilised to address neglect of men's contribution to low fertility and wider social change in families and relationships. Men's attitudes are as relevant as women's to understanding fertility behaviour. However, fertility behaviour can only be understood in the context of a package of changes in gender relations and family life. Data from a random sample of men aged 18–49 surveyed in the Scottish Social Attitudes (SSA) survey 2005/06 are combined with in‐depth interviews conducted in 2007 with 75 men aged 25–44 identified through the Scottish Household Survey as not living in co‐resident partnership arrangements. Both datasets encompass the age span conventionally associated with having children and men who were the potential partners of women delaying a first child until their 30s. They allow consideration of the impact of social contact with parents and children on men's fertility intentions and how the role of provider features in men's views about parenting. The interviews focus on men who have fallen out of, or have not entered, co‐resident partnerships and examine the relationship between partnering and parenting. In combination the data suggest how men act as a complementary or contradictory downward drag on women's fertility and that their role has been underestimated in understanding the package of family change of which low fertility is a part.     

The justifications for terminating parental rights and adoption in the United States

This article examines the normative basis for prioritizing adoption in the “Adoption and Safe Families Act of 1997” (ASFA) as expressed by legislators and public witnesses in congressional hearings. By examining six congressional hearings in the period that led to the ASFA, the article provides new insights to understand how adoption is justified in the U.S. not only as an acceptable form of public intervention but also as an actively promoted and preferred approach when reunification is not possible. The article uses a discourse theoretical framework based on Habermas that distinguishes pragmatic, ethical–political, moral, and legal arguments. It reveals that U.S. federal adoption policy is based on three pillars. Pragmatic risk-oriented thinking forms the central knowledge base to inform policy. Parent responsibility ethics stresses individual responsibility for rehabilitation, with secondary support from the welfare system. Child refamilialization ethics emphasizes decisive and authoritative action to protect the child's needs for safety and permanence.     

Parents' hopes and expectations for their children's future occupations

Qualitative research has generated important insights into the intersection of social class, parental values and children's experiences of education and their role in the reproduction of inequalities. There has been less analytic engagement with parents' expectations and aspirations regarding their children's future occupations. Such expectations and aspirations have attracted much research and policy interest. Typically, analyses have been quantitative and focused on outcomes for children. Whilst parental expectations are deemed very influential for children's future occupational outcomes, there is relatively little evidence on the shaping of such expectations, or the ways in which future work and occupations are discussed between parents and children. This article reports on an analysis of parents' ideas about their children's future occupations and the contexts in which these ideas accrue meaning. Drawing on primary data from interviews with parents we explore diversity within, as well as across, social classes. First we explore parents' expectations and aspirations for their children's future occupations. Secondly we consider how parents see their own role in shaping such futures. The evidence highlights the salience of parents' own biographies and class backgrounds in shaping their orientations to, and manner of engagement with, their children's futures. Thirdly we briefly explore how parents' expectations and engagement with their children play out in class differentiated ways as their children approach early adulthood.     

Video conferencing applications in social work: Work locally,think globally

Abstract

Video conferencing is a technology that facilitates the provision of high quality education, health-care and consultation to clients and families served by rural area health professionals via visual and audio transmissions. It also plays an important role in the education, and training of rural health professionals and the development of a multidisciplinary team dialogue between rural and metropolitan partners. This paper describes our experience of a video conferencing program conducted at the Goulburn Valley Mental Health Service and St George's Older Persons Mental Health Service. We have found a number of benefits of this technology for clients, their families and for health professionals themselves. The development of expertise in the use of video conferencing technology has empowered social workers in their work places. Video conferencing has been extended to other aspects of social work practice. A pertinent example of this is the use of video conferencing in Guardianship and Administration hearings for patients who would otherwise be unable to attend because of health problems (physical, mental and mobility).     

Globalization and Social Movements: Comparing Women's Movements responses to NAFTA in Mexico,the USA and Canada

The article examines the responses of women's movements in Canada, the United States and Mexico to the North American Free Trade Agreement (NAFTA) from a comparative perspective. It argues that while some women's groups have raised important critiques of trade agreements from a feminist perspective, they have largely failed to make the gendered dimension of regionalization visible in public debate on NAFTA and have had virtually no impact on public policy. The nature of the women's movements in the three countries limited the possibilities of greater contestation of the form of economic liberalization at both the national and transnational levels. Drawing upon the literature on social movements, the article suggests that the ability of women's movements to respond to NAFTA was conditioned by: (1) the shifting universe of political discourse in each country - whether it permits the identification of macroeconomic policy as a gender issue - which is conditioned in part by the diverse forms of engagement with liberalism as a political philosophy in each country, and (2) the organizational structure of women's movements in each country, their relationships with their respective states, and their role within broader coalitions.     

Children's Welfare in the Courtroom: Preparation and Protection of the Child Witness

SUMMARY. This paper summarises recent attempts to safeguard children's welfare in the courtroom. Drawing on international research and practice developments, the paper compares programmes that prepare children for their role as witnesses with reforms designed to protect children once they testify. Benefits and disadvantages associated with both approaches are highlighted, and the paper concludes that all professionals have a responsibility to promote children's welfare in the courtroom.     

Women's Work? The Relationship between Farmwork and Gender Self‐Perception

Women have long been involved in agricultural production, yet farming and ranching have been associated with masculinity and men. In recent years women have become more involved and more likely to take active and equal roles on farms and ranches and thus increasingly are doing tasks that have been associated with masculinity. Prior work indicates that women are perceived by others as more masculine when they do these tasks, but less work has focused on the association between women's involvement in farming and women's own perceptions of their gender (i.e., how masculine or feminine they feel). Using 2006 survey data from a random sample of women in livestock and grain operations in Washington State, we find that women's involvement in farm and ranch tasks is associated with their gender self‐perception, with more involvement being associated with a more masculine self‐perception. Women who view their primary role as independent agricultural producers or full partners also perceive themselves as more masculine than women who view their primary role as homemaker. We discuss the implications of these findings for women's experiences in agriculture.     

Critiquing the goal of autonomy: Towards strengthening the 'relational self' and the quality of belonging in casework practice

An argument re-affirming a progressive role for casework is introduced. This argument seeks to articulate an acknowledgement of the atomising effects of ongoing structural change with the profession's long-standing interest in promoting the quality of interpersonal relations and proceeds in three steps. Firstly, recent theoretical work is brought forward to advance the premise that the self can be understood as 'relational' as well as 'autonomous'. Secondly, a summary is offered of the research concerning the relationship between well-being and the quality of a person's social network which, more recently, has been framed in terms such as 'social connectedness' and 'attachment'. Building on these two propositions it is then suggested that it is possible for caseworkers, particularly those whose roles tend to be concerned with less urgently material and advocacy tasks, to promote the quality of interdependence and connectedness of those service users we work with irrespective of their presenting problem and the practitioner's preferred method and assigned practice role. Preliminary suggestions as to how this may be commenced are then briefly introduced.