论中国古代的宗族刑法

中国古代宗族刑法助长群体意识与道德标准入律,忽视公平与正义,破坏国家法治统一,侵犯国家司法权,有违刑法保障人权机能与刑法保护秩序机能。司法实践中,动用“家法”和私刑代替国家司法权、煽动“民愤”等干扰司法活动的现象以及宗派争诉、情胜于法等宗族刑法观,是对国家司法权的挑衅和破坏,其消极作用不言而喻。     

论佘祥林规则

广为人知的佘祥林冤案,折射出我国当前刑事司法的弊端:缺失司法公正理念,不当行使司法权力,刑事法律制度不健全.以佘祥林案为戒,借鉴美国的米兰达规则,构建符合我国国情的佘祥林规则,对于我国的刑事法治是具有重要意义的事情.我们初步设计的余祥林规则为:尊重和保护犯罪嫌疑人、被告人人权;实行无罪推定,告知犯罪嫌疑人在讯问时有权保持沉默;赋予犯罪嫌疑人、被告人及其辩护人更多权利,实现司法正义.     

A praxis and Research Agenda for Multicultural Human Services Organizations

Human services organizations in the United States are currently faced with the problems of a diminishing and shifting resource base coupled with increasing demands for services. In addition, national demographic changes with increasing social diversity, and a rise in racial, ethnic, gender and other group-based tensions have posed special challenges for human service organizations. By tracing the history of social work approaches to working with ethnic minorities, this paper argues that responses to environmental flux have in fact been inadequate in addressing issues of social inequalities and injustices. We articulate a vision of socially just and diverse human services organizations that are both empowering and empowered. We call these Multicultural Human Services Organizations (MHSO). We spell out praxis and research agendas that continue the social justice-social diversity mission that is central to our vision.     

Assessing the role of hope in processes of transitional justice: mobilizing and disciplining victims in Sierra Leone’s truth commission and reparations programme

Existing studies have not been able to take the role of hope in processes of transitional justice (TJ) into account, as they focus on how TJ changes institutions and the relationships between individuals and therefore conclude that failed processes of TJ have no effect. In contrast to this approach, a different understanding of power as productive helps to understand how TJ-instruments create hope and which effects this has on how people conceive of themselves and the world they live in. A framework for analysing such processes is introduced that brings together individual meaning-making of hope and hopelessness with the role of the state in the provision of hope in the context of uncertainty. Transitional justice is therefore discussed as a performative project that aims at triggering specific emotions among the persons taking part in it and the broader society and at creating a vision of a better future based on social equality through the protection and fulfilment of human rights. By applying this framework to the case of the Sierra Leone truth and reconciliation commission and the reparations programme, it is argued that hope had a mobilizing as well as a disciplining function in these instruments. The promise of support mobilized victims to provide statements to the truth commission, and therefore enabled the commission to work in the first place. However, it failed in its attempt to discipline victims in their feelings about the past violence. The reparations programme constituted the embodiment of these promises, but victims interpreted its inadequate benefits and bad management as a proof that the state still does not care for them and competition over benefits is the norm despite their entitlement to support. This experience destroyed the hopes of many victims and created social envy among them, preventing the development of solidarity among victims and the chance for resistance against this policy.     

Does it get better? LGBTQ social work students and experiences with harmful discourse

Although the field of social work is grounded in social justice, the social work educational experience, including classrooms, may not live up to this value, especially for lesbian, gay, bisexual, transgender, and queer (LGBTQ) students. Using a qualitative phenomenological approach, this study examined the experiences of harmful discourse in social work classrooms for LGBTQ students. Findings indicate that students experienced being misgendered, tokenized, and erased through cis-/heteronormative language and classroom teachings. Although social work is guided by frameworks of social justice, microaggressions and discrimination may be vaguely glossed over, if addressed at all. This study highlights the gap between the values social work teaches and how social work education is delivered.     

The belonging model of trust

Although we know that high‐quality employee–organization relationships are beneficial, these relationships are complex and not fully understood, especially among employees of nonprofit organizations. In particular, we know little about how these employees perceive trust, which may overlook an important contributor to effective management. We begin to address this issue by testing a new theoretical model that conceptualizes perceived insider status, psychological ownership, and organizational identification as foundations for the perception of justice and subsequent trust. Our results indicate that psychological ownership and perceived insider status relate to trust through procedural and interpersonal justice. These results contrast those typically found in for‐profit contexts in that organizational identification did not predict justice and that distributive and informational justice did not predict trust.     

Parents’ perspectives of social support and social cohesion in urban contexts of diversity

Although provisions for young children are increasingly considered as ideal places to foster an inclusive and socially just society by embracing issues of social support and social cohesion, there is no in-depth understanding of the role these provisions can play in enabling supportive and cohesive encounters in contexts of diversity. Even more striking is the absence of parents’ voices in this discussion. Based on an analysis of qualitative interviews with 18 parents who use childcare services in urban contexts of diversity, our findings show the relevance of ephemeral contacts with diverse people that could offer bridging opportunities in terms of social connectedness to familiarise within diversity while decoding the other in urban contexts of diversity. However, neither bonding nor bridging contacts appear as self-evident. Our research shows that the role of childcare services might be vital in creating light and temporal communities as the prerequisite for social cohesion to flourish, in both individual as well as collective dimensions.     

Bioecological Implications of Narrative Exposure Therapy in Low‐Resource Settings: Individual,Family, Community,and Socio‐Political Contexts

Traumatic stress can have detrimental effects on individuals, families, and communities. Narrative exposure therapy (NET) is an evidence‐based intervention for decreasing individuals’ post‐traumatic stress disorder (PTSD) symptoms and has been tested in some of the most challenging contexts, such as in post‐conflict refugee camps. Although the focus of NET is on reducing individual PTSD symptoms, the impact of NET can be seen beyond the individual level. The purpose of this paper is to examine some of the ecological implications of using NET with trauma‐affected populations in low‐resource settings. We describe the implications of NET at the family, community, and sociopolitical levels using several case examples. Finally, we outline limitations and future directions for improving the delivery of NET in settings with limited resources.     

Possibilities towards a socially just pedagogy: New tasks and challenges

This paper contributes to an emerging debate on what it means to transform teaching and learning in higher education and to renew the social justice mission of universities. By focusing on the teaching and learning environment, we set the stage for the special issue, exploring the idea of socially just pedagogy, where it comes from and what it means in the present day. The social justice-pedagogy nexus as taken up in this paper aims at using pedagogy as a change process to transform higher education. We offer new considerations arguing that to adopt socially just pedagogies it is important that teachers consider the personal dimensions of pedagogy, the politics of difference, and the relationship between pedagogy and agency. In doing this, the chance that universities remain places of possibility, rather than turning into divisive spaces, becomes more plausible.