‘A lad tried to get hold of my boobs,so I kicked him’: an examination of attempts by adults with learning difficulties to initiate their own safeguarding

People with learning difficulties are considerably more likely to experience sexual and other forms of violence than non-disabled people. Nevertheless, several respondents in this study have demonstrated some self-protective competencies. Most knew of their right not to be violated and a number of participants described situations when they had attempted to initiate their own safeguarding. Some had asked others for help with this. However, appropriate assistance was not always provided. This indicates that risk may be aggravated by social barriers. This paper focuses on highlighting the resistance skills that are prevalent amongst some people with learning difficulties. It concludes with suggestions on ways in which individuals may be further supported to realise their potential to play a more active role in directing and regaining their own protection.     

Children in immediate danger: Emergency removals in Finnish and Irish child protection

This paper presents a qualitative analysis of front‐line practices regarding emergency removals in Finnish and Irish child protection. It examines how the responses to children's immediate danger are framed by legislation and how front‐line practitioners assess the child's situation and make emergency placement decisions. The data consist of interviews with 16 Irish and 33 Finnish social workers. These child welfare protection systems respond differently to a task that appears to be similar. The Irish team‐based practice rests on the social workers' shared assessment of the child's needs, and the formal decision is made by the courts (or police officers at night‐time); and the Finnish practice involves only one single social worker who makes both the assessment and the removal decision. The Irish system is tightly time regulated, whereas the Finnish system provides a more flexible time frame. Both approaches put a lot of stress on social workers' practice, which also includes creative workarounds (e.g., “planned emergency removals” in Finland). Future research will need to explore these features from the point of view of a child's right to protection.     

A divergence of opinion: how those involved in child and family social work are responding to the challenges of the Internet and social media

This discussion paper suggests that there is possibly a divergence of opinion taking place within the field of child and family social work and that the stated positions are influencing how practitioners identify and deal with risks and opportunities afforded by the Internet and social media. The suggested divergence is examined and the conclusion drawn is that what is taking place mirrors the fact that the introduction of any new technology inevitably brings with it division and debate. In seeking to understand the reaction to digital technology, consideration is given to a series of wider social discourses on childhood and risk, which includes the controversial notion that the profession is a harbinger of moral panic and that the management of risk has been broadened from child protection to child safety. The discussion paper concludes by calling for child and family social work practitioners to have a balanced debate that needs to be informed not only by current research but also by an open and honest discussion about personal use and an acknowledgement that there will be difficult moral and ethical questions to work through.     

Cash Transfers and Children's Education and Labour among Malawi's Poor

This article examines the impact on children's education and labour of monthly cash grants targeted on ultra‐poor households and designed to reduce poverty and enable families to invest in human development. It conducts a randomised community trial, with baseline and endline surveys of intervention and control households; verifies school enrolment; and completes key‐informant interviews and focus‐group discussions. Compared with non‐beneficiaries, intervention children experienced a 5 percentage point difference in enrolment, higher educational expenditures, fewer absences, and a 10 percentage point decrease in labour outside the home. Qualitative data confirm the quantitative findings. Transfers to poor households had a positive impact. However, the Malawian educational system needs to be improved for short‐term impacts to lead to long‐term development in human capital.     

我国民法基本制度生态化探究

生态文明时代要求法律制度进行不同程度的生态化.在各种法律制度生态化历程中,民法制度的生态化起着相当重要的作用.民法基本制度的生态化是民法生态化的重要内容,它包括人格权制度的生态化、物权制度的生态化、合同制度的生态化、侵权责任制度的生态化.这其中,环境人格权是人格权制度生态化的主要内容；生态性用益物权是物权制度生态化的重要组成部分；环境物权交易合同是合同制度生态化的主要方面.以损害风险预防、现实损害救济赔偿、恢复责任承担为切入点,采用无过错责任与过错加重责任并用的原则,贯彻环境损害全程监管与责任追究的理念,对环境污染与生态破坏的源头与过程实行全面的控制与追责是侵权责任制度生态化的基本要素.     

西方平等理论从古典自然法学到新自然法学的嬗变

平等是一个非常复杂和抽象的范畴,西方法学对平等理论的热爱和追逐从未停止过,从古典自然法学追求的抽象的平等的政治理想,到新自然法学对平等的制度设计的现实关怀,平等理论随着自然法学的发展实现了其自身的嬗变,这种改变也是时代的要求、历史的必然。     

信息法学产学研联合培养模式研究——以研究生培养为例

产学研联合培养模式是一种新型研究生培养模式,其特点在于将理论与实践充分结合,能显著提高研究生的综合素质与应用能力,是当前信息法学科研究生教育的重要发展趋势。文章分析了我国信息法学产学研联合培养模式的现状及问题,指出目前我国信息法学产学研首先应该建立联合培养的长效机制,同时还应在导师体系、课程体系、质量评价体系等方面进行完善。     

立法语言的语体(下)

立法语言是准确表达立法意图、立法目的和体现立法政策的一种专门载体,比一般的语言文字严谨、规范、简洁、通俗、明确。法律文本大到行文成篇,小至遣词用字,都应当予以足够的重视,要求既符合作为法律行业特殊语体的习惯和规则,也要符合国家通用语言文字(普通话)的语法、语义要求。根据我国立法文本的用字和用词、立法语言的口语以及立法语言的外来词等方面的统计、分析和研究,我们发现立法语言具有通用语言文字和特殊行业语言的双重特点,自然也要接受、符合通用语言文字和法律行业语言的双重规范。     

Conditional entropy,entropy density,and strong law of large numbers for generalized controlled tree-indexed Markov chains

In this paper, we first introduces a tree model without degree boundedness restriction namely generalized controlled tree T, which is an extension of some known tree models, such as homogeneous tree model, uniformly bounded degree tree model, controlled tree model, etc. Then some limit properties including strong law of large numbers for generalized controlled tree-indexed non homogeneous Markov chain are obtained. Finally, we establish some entropy density properties, monotonicity of conditional entropy, and entropy properties for generalized controlled tree-indexed Markov chains.