Toward a Theory of Law in Society

Abstract

Interest group conflict, power, and values have been prominent in recent attempts to analyze law as social control. The role of fact beliefs in creating, interpreting and administering legal norms has been relatively neglected, especially in the few efforts toward theories of law in society. Both fact beliefs and value beliefs are here related to legal norms, and also to group interests, power and conflict. Law is conceived of as the formal social control of the political state, a definition that does not at all require acceptance of Austin's view of law as commands of the sovereign. The forced choice between power elite and structural-functional theories is avoided, since law operates in a wide variety of power situations. The subjective meanings of interest group actions directed toward legal norms are seen as consisting of value and fact beliefs, an approach of particular promise in analyzing law and social change.     

Stalking perpetrators and psychological maltreatment of partners: anger-jealousy, attachment insecurity, need for control, and break-up context

Two studies of the correlates of self-reported courtship persistence, stalking-like behaviors following a relationship break-up, and psychological maltreatment of partners were conducted in samples of male (N = 46 and 93) and female (N = 123 and 110) college students. Approximately 40% (38.5% and 44.6%) engaged in at least one stalking behavior following a break-up. A total of 10.7% (study 1) and 7.6% (study 2) engaged in 6 or more stalking behaviors. Stalking was significantly related to psychological maltreatment of the partner (PMP) prior to the break-up. Being the recipient of the breakup was associated with feelings of anger, jealousy and obsessiveness and with higher levels of courtship persistence, and stalking. A replicated path model showed that anxious attachment and need for control were related to PMP and that need for control had a direct contribution to stalking. For anxious attachment, its connection to stalking was indirect, mediated by the degree of anger-jealousy over the break-up.     

Research on stalking: what do we know and where do we go?

Findings of the article in this two-volume series on stalking are reviewed. Building on the findings of the National Violence Against Women Survey (Tjaden & Thoennes, 1998), this series of studies adds to the literature in defining and measuring stalking behaviors. Repeated stalking victimization is reported by up to 62% of young adults, although frequencies depend on the sample and the precise definition used. Self-definitions of stalking victimization may be quite different from legal definitions. Although the majority of legally defined stalkers (where victim fear is a key component) are men stalking women, studies utilizing other definitions find many more women as stalkers, with no significant gender differences in many studies. In many cases, it does appear that stalking is one part of a larger pattern of relationship physical and psychological abuse. Data on emotional reactions and coping strategies of victims are also reviewed, along with findings on characteristics of stalkers.     

Some aspects of price strategy

A firm's success, within a rapidly growing and dynamic market, depends upon its ability to respond to market demand and to react to competitive forces. A key factor determining success is the pricing policy employed by the firm. Product pricing, however, is not simple; supply and demand, as well as the interaction and reaction of competitors, must be taken into consideration. By simulating a competitive market environment, however, a firm should be able to evaluate different pricing strategies prior to employing a strategy in practice. The goal of this research was to propose a simulation model to serve this purpose. Particularly, the objective was to demonstrate that if an industry can be characterized as one in which cost as well as price decline with cumulative volume, a pricing policy leading to market dominance exists. A simulation model is desirable for evaluating the proper pricing strategy for achieving such a market position.     

Alcohol Consumption and Self-Control of Gambling Behaviour

This paper reports the results of a preliminary investigation into whether the drinking of alcohol contributes to impaired control of gambling behaviour. The sampling method consisted of a two-phase survey design, collecting data both prospectively within session and retrospectively via a take-home questionnaire. One hundred sixteen people were interviewed while in a gaming venue playing on an electronic gaming machine (egm) of whom 34 men and 11 women also returned take-home surveys. Comparisons of the sample to previous studies suggested that the sample was representative of the population of egm players. Results indicated a consistent theme of alcohol use contributing significantly to impaired control of gambling behaviour, with level of involvement (Corless & Dickerson, 1989) contributing the most significant variance in the independent variables. Limitations of the study are discussed, but the case is argued that this type of process research is essential in better understanding how these two types of popular leisure activities may interact, possibly leading to the previously recorded chronic, excessive alcohol intake and problematic gambling (e.g. McCormick, Russo, Ramirez & Taber, 1984).     

Commitment in same-sex love relationships

This study sought to desribe and compare commitment structures among lesbian and gay male living-together relationships, and to develop an instrument which would measure different dimensions of commitment among gay dyads without some heterosexual biases inherent in traditional measures of interpersonal commitment. Questionnaire data collected from 32 lesbians and 50 gay males who had lived together for at least six months were factor analyzed, yielding three factors: (1) intradyadic commitment, (2) extradyadic commitment, and (3) commitment-as-trust. On all three of these indices the lesbians scored somewhat higher than did the gay males, but in fact there were surprisingly few significant differences between the gay men and the lesbians. Suggestions in the data that lesbians report somewhat less social supports and are more concerned with couple boundary maintenance, whereas gay males report somewhat more jealousy and dependency, are discussed in terms of their implications for such relationships.     

Johann Gottfried Herders philosophische Grundlegung der Iernenden Organisation

Herder’s philosophical model of the learning organisationThe author describes Johann Gottfried Herder’s education philosophy and his plans for an ?alternative“ school. His ?alternative school concept“ shows how the teacher as supervisor of the learning process should take the individual needs into account and adapt the didactics and methods of teaching to these needs. This practice conforms to the rules of today’s reformed schools. Learning as an extension of subjective experiences and life possibilities requires an open organisational structure, and this is what Herder designed.     

In sickness but not in health: self-ratings, identity, and mortality

Self-rated health as a predictor of mortality has been studied primarily in large, representative populations, with relatively little progress toward understanding the information processing that individuals use to arrive at these ratings. With subsamples of National Health and Nutrition Examination Survey (NHANES) Epidemiologic Follow-up Study (NHEFS) data for respondents with circulatory system disease (N = 3,709) and respondents with no diagnosable disorders (N = 1,127) at baseline, we test the idea that individuals with experience of chronic disease of the circulatory system will have more predictive self-ratings of health than healthy individuals. Poor or fair self-rated health increased the adjusted hazard of all-cause mortality for respondents with circulatory system disease, but not for respondents who were healthy. Additional analyses confirm that poor or fair self-rated health is particularly predictive for respondents with self-reported history of circulatory system diagnoses and perception of symptoms, but not for respondents without symptoms or diagnoses prior to the NHANES physical exam.     

Family therapists' ethical decision-making processes in two duty-to-warn situations

This quantitative study investigated the ethical decision-making process of 177 Missouri members of the American Association for Marriage and Family Therapy using two in-session duty-to-warn scenarios of child abuse and HIV transmission. The components of the critical-evaluative level of ethical decision making include the lower-level decision components of personal/therapeutic response, professional ethics, and legal considerations/laws of the State, and the components of the higher-level decision base, the meta-ethical principles, which are nonmaleficence, autonomy, beneficence, fidelity, and justice. Statistical results indicated that in the child abuse scenario, professional ethics and legal considerations/laws of the State were considered most important, whereas in the HIV scenario, professional ethics were the preferred lower-level decision base. Across scenarios, the preferred higher-level decision base was nonmaleficence. There were differences across the child abuse and HIV scenarios in the perceived significance of the remaining lower-level decision base items as well as differences in perceived significance and ordering of the remaining meta-ethical principles. Limitations are discussed.