Nancy Whittier
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195325102
- eISBN:
- 9780199869350
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195325102.003.0007
- Subject:
- Political Science, American Politics
This chapter looks at countermovement organizing, focusing on the False Memory Syndrome Foundation (FMSF). It highlights the struggles over the social construction of knowledge that came with the ...
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This chapter looks at countermovement organizing, focusing on the False Memory Syndrome Foundation (FMSF). It highlights the struggles over the social construction of knowledge that came with the rise of the FMSF and its allies, and analyzing the political and cultural reasons for the movement's gains. It traces the frames used by the FMSF and analyzes the success of the frame emphasizing “memory science” and the unreliability of “recovered memories.” The chapter discusses the countermovement's tactics and its coalitions across the political spectrum, including with conservative, anti‐feminist, and progressive groups. It argues that the social construction of knowledge is an important part of social movements.Less
This chapter looks at countermovement organizing, focusing on the False Memory Syndrome Foundation (FMSF). It highlights the struggles over the social construction of knowledge that came with the rise of the FMSF and its allies, and analyzing the political and cultural reasons for the movement's gains. It traces the frames used by the FMSF and analyzes the success of the frame emphasizing “memory science” and the unreliability of “recovered memories.” The chapter discusses the countermovement's tactics and its coalitions across the political spectrum, including with conservative, anti‐feminist, and progressive groups. It argues that the social construction of knowledge is an important part of social movements.
John E. B. Myers
- Published in print:
- 2006
- Published Online:
- April 2010
- ISBN:
- 9780195169355
- eISBN:
- 9780199893348
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195169355.003.0004
- Subject:
- Social Work, Children and Families, Crime and Justice
This chapter describes the formation of the modern child protection system. The most critical date in the process was 1962, when pediatrician Henry Kempe and his colleagues published their seminal ...
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This chapter describes the formation of the modern child protection system. The most critical date in the process was 1962, when pediatrician Henry Kempe and his colleagues published their seminal article describing “The Battered Child Syndrome.” Kempe agitated for a more robust response to child abuse, and became an effective spokesperson for the renaissance of interest in child abuse and neglect in the 1960s and 1970s. The law of every state requires professionals to report suspicions of child abuse to authorities, and this chapter describes the creation of reporting laws in the 1960s. Prior to the 1970s, the federal government played a useful but minor role in child welfare and protection. In 1974, Congress assumed a leadership role with passage of the Child Abuse Prevention and Treatment Act (CAPTA). CAPTA was followed by additional federal laws, especially the Indian Child Welfare Act of 1978, the Adoption Assistance and Child Welfare Act of 1980, the Multiethnic Placement Act of 1994, and the Adoption and Safe Families Act of 1997. By the 1980s, the government-funded and -operated child protection familiar to us today was in place.Less
This chapter describes the formation of the modern child protection system. The most critical date in the process was 1962, when pediatrician Henry Kempe and his colleagues published their seminal article describing “The Battered Child Syndrome.” Kempe agitated for a more robust response to child abuse, and became an effective spokesperson for the renaissance of interest in child abuse and neglect in the 1960s and 1970s. The law of every state requires professionals to report suspicions of child abuse to authorities, and this chapter describes the creation of reporting laws in the 1960s. Prior to the 1970s, the federal government played a useful but minor role in child welfare and protection. In 1974, Congress assumed a leadership role with passage of the Child Abuse Prevention and Treatment Act (CAPTA). CAPTA was followed by additional federal laws, especially the Indian Child Welfare Act of 1978, the Adoption Assistance and Child Welfare Act of 1980, the Multiethnic Placement Act of 1994, and the Adoption and Safe Families Act of 1997. By the 1980s, the government-funded and -operated child protection familiar to us today was in place.
Nancy Whittier
- Published in print:
- 2018
- Published Online:
- January 2018
- ISBN:
- 9780190235994
- eISBN:
- 9780190236038
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190235994.003.0003
- Subject:
- Sociology, Politics, Social Movements and Social Change, Gender and Sexuality
Chapter 3 shows how ideologically diverse activists and legislators converged around a narrow, single-issue opposition to child sexual abuse and defined it as a politically neutral issue. The chapter ...
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Chapter 3 shows how ideologically diverse activists and legislators converged around a narrow, single-issue opposition to child sexual abuse and defined it as a politically neutral issue. The chapter shows how three challenges to this consensus emerged and were resolved: a 1981 Republican attempt to kill CAPTA; 1992‒1996 feminist organizing around child custody cases and False Memory Syndrome Foundation attempts to weaken CAPTA; 2000 forward, expansions of sex offender registration and notification requirements. Narrow neutrality facilitated the passage of legislation and pulled policy toward criminal justice and away from feminist challenges to the patriarchal family and conservatives’ emphasis on preserving the traditional family. Federal engagement shifted over time from a focus on violence within the family to a focus on child pornography and the control of sex offenders; although framed in terms of dangerous strangers, the new focus affected the larger number of familial offenders as well. Legislators and advocates downplayed race and gender while constructing an implicitly white victim, producing predominantly white offenders because of the prevalence of familial abuse. Experiential and expert knowledge and shared emotional rituals produced and maintained narrow neutrality in Congress, activist and professional groups, and media representations.Less
Chapter 3 shows how ideologically diverse activists and legislators converged around a narrow, single-issue opposition to child sexual abuse and defined it as a politically neutral issue. The chapter shows how three challenges to this consensus emerged and were resolved: a 1981 Republican attempt to kill CAPTA; 1992‒1996 feminist organizing around child custody cases and False Memory Syndrome Foundation attempts to weaken CAPTA; 2000 forward, expansions of sex offender registration and notification requirements. Narrow neutrality facilitated the passage of legislation and pulled policy toward criminal justice and away from feminist challenges to the patriarchal family and conservatives’ emphasis on preserving the traditional family. Federal engagement shifted over time from a focus on violence within the family to a focus on child pornography and the control of sex offenders; although framed in terms of dangerous strangers, the new focus affected the larger number of familial offenders as well. Legislators and advocates downplayed race and gender while constructing an implicitly white victim, producing predominantly white offenders because of the prevalence of familial abuse. Experiential and expert knowledge and shared emotional rituals produced and maintained narrow neutrality in Congress, activist and professional groups, and media representations.
Ross E. Cheit
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199931224
- eISBN:
- 9780199355853
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199931224.003.0009
- Subject:
- Law, Criminal Law and Criminology
The final chapter examines recent developments, addressing three questions: What is the significance of well-known sex abuse scandals involving the Catholic Church and Pennsylvania State University? ...
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The final chapter examines recent developments, addressing three questions: What is the significance of well-known sex abuse scandals involving the Catholic Church and Pennsylvania State University? How has the word of a child fared since 1995? What are the continuing effects of the academic battle over child suggestibility? The chapter argues that recent scandals are not easily generalized. Although there have been some signs of overreacting to sex offenders who have finished their prison sentences, there is also evidence of continuing underreaction to sexual abuse in general. Moreover, those who originally argued that child suggestibility claims belong only in cases with extremely coercive interviewing are now applying those arguments in cases with strong corroboration and without coercive interviews. There has also been a surprising effort to undermine the professionals who provide front-line services to victims of child sexual abuse. Thus the witch-hunt narrative continues to endanger children.Less
The final chapter examines recent developments, addressing three questions: What is the significance of well-known sex abuse scandals involving the Catholic Church and Pennsylvania State University? How has the word of a child fared since 1995? What are the continuing effects of the academic battle over child suggestibility? The chapter argues that recent scandals are not easily generalized. Although there have been some signs of overreacting to sex offenders who have finished their prison sentences, there is also evidence of continuing underreaction to sexual abuse in general. Moreover, those who originally argued that child suggestibility claims belong only in cases with extremely coercive interviewing are now applying those arguments in cases with strong corroboration and without coercive interviews. There has also been a surprising effort to undermine the professionals who provide front-line services to victims of child sexual abuse. Thus the witch-hunt narrative continues to endanger children.
Sarah-Anne Buckley
- Published in print:
- 2013
- Published Online:
- May 2015
- ISBN:
- 9780719087660
- eISBN:
- 9781781706275
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719087660.001.0001
- Subject:
- Society and Culture, Cultural Studies
The Cruelty Man represents the first comprehensive account of the National Society for the Prevention of Cruelty to Children (NSPCC) in Ireland, from its foundations in 1889, to the passing of ...
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The Cruelty Man represents the first comprehensive account of the National Society for the Prevention of Cruelty to Children (NSPCC) in Ireland, from its foundations in 1889, to the passing of responsibilities to the Irish Society for the Prevention of Cruelty to Children (ISPCC) in 1956. In both Britain and Ireland, the NSPCC was at the forefront of the child protection movement, yet the history of the Society in Ireland has not been fully addressed. This book aims to fill this vacuum. It provides a study of the Society, while also utilising it as a vehicle to examine the treatment of poverty-stricken children and families by the State. More broadly, it contains a comprehensive history of child welfare from the introduction of the Poor Law in 1838 to the publication of the Kennedy Report in 1970. It addresses issues surrounding institutionalisation, welfare, family violence, compulsory education, child abuse and the role of charity in the provision of welfare. Based on research of the available records of the NSPCC archive, and court records, the text also explores changing concepts of childhood. It will appeal to both an academic and general audience, as it uses case studies of families investigated by the Society and the State. It will be essential to students of Irish social history, gender studies, social work and social policy. More generally it will interest those observing recent reports into child abuse in State institutions and in particular the history of Ireland’s industrial school system. The foreword by Vincent Browne also demonstrates its contemporary relevance.Less
The Cruelty Man represents the first comprehensive account of the National Society for the Prevention of Cruelty to Children (NSPCC) in Ireland, from its foundations in 1889, to the passing of responsibilities to the Irish Society for the Prevention of Cruelty to Children (ISPCC) in 1956. In both Britain and Ireland, the NSPCC was at the forefront of the child protection movement, yet the history of the Society in Ireland has not been fully addressed. This book aims to fill this vacuum. It provides a study of the Society, while also utilising it as a vehicle to examine the treatment of poverty-stricken children and families by the State. More broadly, it contains a comprehensive history of child welfare from the introduction of the Poor Law in 1838 to the publication of the Kennedy Report in 1970. It addresses issues surrounding institutionalisation, welfare, family violence, compulsory education, child abuse and the role of charity in the provision of welfare. Based on research of the available records of the NSPCC archive, and court records, the text also explores changing concepts of childhood. It will appeal to both an academic and general audience, as it uses case studies of families investigated by the Society and the State. It will be essential to students of Irish social history, gender studies, social work and social policy. More generally it will interest those observing recent reports into child abuse in State institutions and in particular the history of Ireland’s industrial school system. The foreword by Vincent Browne also demonstrates its contemporary relevance.
Kevin H. Wozniak
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780195393583
- eISBN:
- 9780190603946
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195393583.003.0008
- Subject:
- Psychology, Developmental Psychology
Many authors see child abuse as a very important cause of violent behavior. In this chapter we examined published evidence on the association between physical abuse, neglect, sexual abuse and trauma ...
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Many authors see child abuse as a very important cause of violent behavior. In this chapter we examined published evidence on the association between physical abuse, neglect, sexual abuse and trauma and behavior outcomes in victims. The comprehensive review indicates that all forms of abuse, as well as indicators of trauma, are associated with violent offending, but they are also consistently associated with nonviolent offending. The findings also strongly indicate that physical abuse experience is more prominent among violent offenders than nonviolent offenders, however, leading to questions about aspects of physical abuse that lead to violent behavior in victims, rather than general antisociality.Less
Many authors see child abuse as a very important cause of violent behavior. In this chapter we examined published evidence on the association between physical abuse, neglect, sexual abuse and trauma and behavior outcomes in victims. The comprehensive review indicates that all forms of abuse, as well as indicators of trauma, are associated with violent offending, but they are also consistently associated with nonviolent offending. The findings also strongly indicate that physical abuse experience is more prominent among violent offenders than nonviolent offenders, however, leading to questions about aspects of physical abuse that lead to violent behavior in victims, rather than general antisociality.
Wendie Ellen Schneider
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780300125665
- eISBN:
- 9780300216554
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300125665.003.0005
- Subject:
- History, British and Irish Modern History
Nearly fifty years passed between the reform allowing parties to testify in civil cases and the Criminal Evidence Act of 1898 that allowed defendants to testify in criminal cases. This delay was a ...
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Nearly fifty years passed between the reform allowing parties to testify in civil cases and the Criminal Evidence Act of 1898 that allowed defendants to testify in criminal cases. This delay was a byproduct of the reform and experimentation that characterized the Victorian legal system’s approach to the possibility of witness deceit. The Act also marks the triumph of cross-examination as the guarantor of veracity in the courtroom. Several highly publicized in which the respectable defendants were accused of scandalous crimes helped drive the Act’s passage.Less
Nearly fifty years passed between the reform allowing parties to testify in civil cases and the Criminal Evidence Act of 1898 that allowed defendants to testify in criminal cases. This delay was a byproduct of the reform and experimentation that characterized the Victorian legal system’s approach to the possibility of witness deceit. The Act also marks the triumph of cross-examination as the guarantor of veracity in the courtroom. Several highly publicized in which the respectable defendants were accused of scandalous crimes helped drive the Act’s passage.
Lesley Henderson
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780748625314
- eISBN:
- 9780748651177
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748625314.003.0003
- Subject:
- Film, Television and Radio, Television
Family loyalty, inheritance and kinship are dominant and recurring themes in television soap opera and drama serials, along with issues concerning secret affairs, concealed births and dubious ...
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Family loyalty, inheritance and kinship are dominant and recurring themes in television soap opera and drama serials, along with issues concerning secret affairs, concealed births and dubious paternity. Although plot twists involving the return of estranged family members suggest that incest has been touched upon by many soap opera storylines, they are, however presented in terms of the threat of brother–sister incest. Child sexual abuse within the family arguably takes the programme into different, uncharted territory. This chapter examines how television soap opera, where the narrative revolves so tightly around the family, develops storylines on child sexual abuse. It aims to consider different accounts of sexual violence stories, and to discover the different processes by which different production teams confronted and attempted to resolve problems raised by such material. The chapter and the two that follow it are arranged into the following sections: generating the story; casting and characterisation; the role of suspense and narrative pace; ‘on screen’ advice from outside agencies; language; taking audience behind closed doors; and source power. These sections offer a useful point of comparison across different programmes and diverse stories, and permit the examination of the importance of story topics in the chapters that following. In this chapter, the focus is on the storylines and production background of Brookside, EastEnders and Emmerdale.Less
Family loyalty, inheritance and kinship are dominant and recurring themes in television soap opera and drama serials, along with issues concerning secret affairs, concealed births and dubious paternity. Although plot twists involving the return of estranged family members suggest that incest has been touched upon by many soap opera storylines, they are, however presented in terms of the threat of brother–sister incest. Child sexual abuse within the family arguably takes the programme into different, uncharted territory. This chapter examines how television soap opera, where the narrative revolves so tightly around the family, develops storylines on child sexual abuse. It aims to consider different accounts of sexual violence stories, and to discover the different processes by which different production teams confronted and attempted to resolve problems raised by such material. The chapter and the two that follow it are arranged into the following sections: generating the story; casting and characterisation; the role of suspense and narrative pace; ‘on screen’ advice from outside agencies; language; taking audience behind closed doors; and source power. These sections offer a useful point of comparison across different programmes and diverse stories, and permit the examination of the importance of story topics in the chapters that following. In this chapter, the focus is on the storylines and production background of Brookside, EastEnders and Emmerdale.
Roger Davidson
- Published in print:
- 2018
- Published Online:
- September 2019
- ISBN:
- 9781474441193
- eISBN:
- 9781474459877
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474441193.003.0003
- Subject:
- Society and Culture, Scottish Studies
Chapter 3 examines child sexual abuse in early twentieth-century Scotland and the competing discourses surrounding its prosecution. At the heart of the study is a set of High Court cases of sexual ...
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Chapter 3 examines child sexual abuse in early twentieth-century Scotland and the competing discourses surrounding its prosecution. At the heart of the study is a set of High Court cases of sexual assault upon children involving the aggravated offence of communicating VD, and the role played by the enduring superstition that ‘having connection with a virgin’ was a cure for the affliction. The chapter traces how this ‘pernicious delusion’ figured in medical testimony to legal proceedings and government enquiries throughout the period. It explores the impulses and constraints shaping the response of the law to ‘child outrage’. The impact of these cases on the campaign by feminists, rescue workers, and purity activists to amend the criminal law and the conduct of investigation and trial in respect to sexual offences against women is documented, as is the growing importance of forensic medicine in securing convictions. Continuing resistance is revealed within the medical profession and judiciary, as well as within the family and local community, to recognising child sexual abuse. The chapter illustrates the many layers of denial that operated to deny the child victims justice and the extent to which the legal process stigmatised them as sexual dangers to be institutionalised..Less
Chapter 3 examines child sexual abuse in early twentieth-century Scotland and the competing discourses surrounding its prosecution. At the heart of the study is a set of High Court cases of sexual assault upon children involving the aggravated offence of communicating VD, and the role played by the enduring superstition that ‘having connection with a virgin’ was a cure for the affliction. The chapter traces how this ‘pernicious delusion’ figured in medical testimony to legal proceedings and government enquiries throughout the period. It explores the impulses and constraints shaping the response of the law to ‘child outrage’. The impact of these cases on the campaign by feminists, rescue workers, and purity activists to amend the criminal law and the conduct of investigation and trial in respect to sexual offences against women is documented, as is the growing importance of forensic medicine in securing convictions. Continuing resistance is revealed within the medical profession and judiciary, as well as within the family and local community, to recognising child sexual abuse. The chapter illustrates the many layers of denial that operated to deny the child victims justice and the extent to which the legal process stigmatised them as sexual dangers to be institutionalised..
Erin K. Hogan
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9781474436113
- eISBN:
- 9781474453622
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474436113.003.0003
- Subject:
- Film, Television and Radio, Film
Chapter Two examines ventriloquism within economic and sexual scenarios, noting the top-down appropriation of the child’s voice and body and the carnivalesque bottom-up resistance. This chapter ...
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Chapter Two examines ventriloquism within economic and sexual scenarios, noting the top-down appropriation of the child’s voice and body and the carnivalesque bottom-up resistance. This chapter analyzes the child musical film of the cine con niñoEl pequeño ruiseñor (Del Amo 1956) and follows the trace to the nuevo cine con niño’s La mala educación (Almodóvar 2004). Symbolism within and across Almodóvar’s intertexts El pequeño ruiseñor, Mi último tango (Amadori 1960), and canonical playwright-poet Federico García Lorca’s non-canonical work El retablillo de Don Cristóbal (1934) converges upon the carnivalesque, puppetry, and violence. The economic vocal exploitation of altar boy Joselito’s (José Jiménez Fernández) ‘golden voice’ in El pequeño ruiseñor is followed with the sexual appropriation of the boy singer by his pedophilic priest lyricist and literature teacher in Almodóvar’s film. Both films expose the ideological and ritual function of the Francoist cine con niño. La mala educación’s pessimistic plot first offers an imaginative alternative to the Francoist legacy through the former child victim’s blackmail scheme, but the carnivalesque inversions of victim and aggressor lead to the demise of both.Less
Chapter Two examines ventriloquism within economic and sexual scenarios, noting the top-down appropriation of the child’s voice and body and the carnivalesque bottom-up resistance. This chapter analyzes the child musical film of the cine con niñoEl pequeño ruiseñor (Del Amo 1956) and follows the trace to the nuevo cine con niño’s La mala educación (Almodóvar 2004). Symbolism within and across Almodóvar’s intertexts El pequeño ruiseñor, Mi último tango (Amadori 1960), and canonical playwright-poet Federico García Lorca’s non-canonical work El retablillo de Don Cristóbal (1934) converges upon the carnivalesque, puppetry, and violence. The economic vocal exploitation of altar boy Joselito’s (José Jiménez Fernández) ‘golden voice’ in El pequeño ruiseñor is followed with the sexual appropriation of the boy singer by his pedophilic priest lyricist and literature teacher in Almodóvar’s film. Both films expose the ideological and ritual function of the Francoist cine con niño. La mala educación’s pessimistic plot first offers an imaginative alternative to the Francoist legacy through the former child victim’s blackmail scheme, but the carnivalesque inversions of victim and aggressor lead to the demise of both.
Stuart A. Wright and Susan J. Palmer
- Published in print:
- 2016
- Published Online:
- December 2015
- ISBN:
- 9780195398892
- eISBN:
- 9780190269982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195398892.003.0002
- Subject:
- Religion, Religion and Society
This chapter describes the plan developed in 1983 by deprogrammer Galen Kelly to assail the Northeast Kingdom Community Church (NKCC) in Island Pond, Vermont (also known as the Twelve Tribes). The ...
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This chapter describes the plan developed in 1983 by deprogrammer Galen Kelly to assail the Northeast Kingdom Community Church (NKCC) in Island Pond, Vermont (also known as the Twelve Tribes). The plan, commissioned by Priscilla Coates, Executive Director of the Citizens Freedom Foundation (CFF), was designed to discredit the religious group they disparaged as a “cult.” The chapter outlines how the “Kelly Plan” exploited new concerns and changes in the law regarding child abuse in the 1980s; what Phillip Jenkins calls “the Child Abuse Revolution.” The “experiment” in social control in Vermont signaled a shift in ACM framing and strategy toward child abuse, and away from deprogramming. It created a more effective set of legal tools to attack second generation NRMs and helps to explain the dramatic increase in government raids. This strategy became institutionalized in the ACM and adopted by an international network of anticult organizations.Less
This chapter describes the plan developed in 1983 by deprogrammer Galen Kelly to assail the Northeast Kingdom Community Church (NKCC) in Island Pond, Vermont (also known as the Twelve Tribes). The plan, commissioned by Priscilla Coates, Executive Director of the Citizens Freedom Foundation (CFF), was designed to discredit the religious group they disparaged as a “cult.” The chapter outlines how the “Kelly Plan” exploited new concerns and changes in the law regarding child abuse in the 1980s; what Phillip Jenkins calls “the Child Abuse Revolution.” The “experiment” in social control in Vermont signaled a shift in ACM framing and strategy toward child abuse, and away from deprogramming. It created a more effective set of legal tools to attack second generation NRMs and helps to explain the dramatic increase in government raids. This strategy became institutionalized in the ACM and adopted by an international network of anticult organizations.
Kenneth McK Norrie
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861193
- eISBN:
- 9781474406246
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861193.003.0021
- Subject:
- Law, Family Law
Discusses two cases: Chief Constable of West Yorkshire Police v A [2005] 1 AC 51, in which the House of Lords recognised that a transgender individual must be treated as belonging to her new gender, ...
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Discusses two cases: Chief Constable of West Yorkshire Police v A [2005] 1 AC 51, in which the House of Lords recognised that a transgender individual must be treated as belonging to her new gender, even without a Gender Recognition Certificate, if for particular purposes; and Re U (A Child) (Standard of Proof) [2004] 3 WLR 753 which illustrated that the same factual basis for legal action following harm caused to a child might fail to satisfy the criminal standard of proof but at the same time satisfy the civil standard of proof in child protection proceedings.Less
Discusses two cases: Chief Constable of West Yorkshire Police v A [2005] 1 AC 51, in which the House of Lords recognised that a transgender individual must be treated as belonging to her new gender, even without a Gender Recognition Certificate, if for particular purposes; and Re U (A Child) (Standard of Proof) [2004] 3 WLR 753 which illustrated that the same factual basis for legal action following harm caused to a child might fail to satisfy the criminal standard of proof but at the same time satisfy the civil standard of proof in child protection proceedings.
James Gallen
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9781526114556
- eISBN:
- 9781526124241
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781526114556.003.0006
- Subject:
- Law, Legal History
James Gallen’s chapter reviews the case and the contributions of Adrian Hardiman and Conor O’Mahony to this book. Gallen argues that their discussion reveals the tension between the principle of ...
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James Gallen’s chapter reviews the case and the contributions of Adrian Hardiman and Conor O’Mahony to this book. Gallen argues that their discussion reveals the tension between the principle of subsidiarity and the right to effective protection and an effective remedy in the European Convention on Human Rights. The chapter argues that the case of O’Keeffe v Ireland also raises concerns about the European Court of Human Right methodology for the historical application of the Convention and about the interaction of Article 3 positive obligations with vicarious liability in tort. A further section examines the impact of the decision for victims of child sexual abuse and identifies that the decision provides the potential for an alternative remedy to the challenging use of vicarious liability in Irish tort law.Less
James Gallen’s chapter reviews the case and the contributions of Adrian Hardiman and Conor O’Mahony to this book. Gallen argues that their discussion reveals the tension between the principle of subsidiarity and the right to effective protection and an effective remedy in the European Convention on Human Rights. The chapter argues that the case of O’Keeffe v Ireland also raises concerns about the European Court of Human Right methodology for the historical application of the Convention and about the interaction of Article 3 positive obligations with vicarious liability in tort. A further section examines the impact of the decision for victims of child sexual abuse and identifies that the decision provides the potential for an alternative remedy to the challenging use of vicarious liability in Irish tort law.
Derek Hirst
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781526113894
- eISBN:
- 9781526138897
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781526113894.003.0007
- Subject:
- Literature, Criticism/Theory
It comes as little surprise that Andrew Marvell in his verse should have endangered as well as touched with eros the figure of the child, though the potential implications often escape attention. We ...
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It comes as little surprise that Andrew Marvell in his verse should have endangered as well as touched with eros the figure of the child, though the potential implications often escape attention. We tell ourselves that our attitudes to what we call child abuse are distinctively modern, but how different might early modern imaginings have been? To address that unsettling question, this chapter considers seventeenth-century applications of familiar categories like ‘child’ and ‘abuse’. Focusing on the position of the tutor – well known of course to Marvell – and on passages in the schoolroom, it finds in print controversy signs of early modern awareness of what seemed then, as now, an unmistakably sexualised violence, with its predatory gratifications and its shame. The conclusion, that some contemporaries could apprehend and even articulate not just suffering but even subjectivity, can only further perplex the question of Marvell’s sexual identity and the meaning for him of the child.Less
It comes as little surprise that Andrew Marvell in his verse should have endangered as well as touched with eros the figure of the child, though the potential implications often escape attention. We tell ourselves that our attitudes to what we call child abuse are distinctively modern, but how different might early modern imaginings have been? To address that unsettling question, this chapter considers seventeenth-century applications of familiar categories like ‘child’ and ‘abuse’. Focusing on the position of the tutor – well known of course to Marvell – and on passages in the schoolroom, it finds in print controversy signs of early modern awareness of what seemed then, as now, an unmistakably sexualised violence, with its predatory gratifications and its shame. The conclusion, that some contemporaries could apprehend and even articulate not just suffering but even subjectivity, can only further perplex the question of Marvell’s sexual identity and the meaning for him of the child.
Mark O'Brien
- Published in print:
- 2017
- Published Online:
- May 2017
- ISBN:
- 9780719096136
- eISBN:
- 9781526121004
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719096136.003.0013
- Subject:
- Society and Culture, Media Studies
This chapter examines the seemingly unending revelations of political, religious, and financial corruption that dominated the 1990s. It surveys the banking and policing scandals that dominated this ...
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This chapter examines the seemingly unending revelations of political, religious, and financial corruption that dominated the 1990s. It surveys the banking and policing scandals that dominated this decade and examines the struggles that journalists engaged in to expose this corruption. It also devotes considerable attention to the church scandals that were finally exposed by journalists – in particular the child abuse scandal that was to change forever the relationship between the once all-powerful Catholic Church and journalism.Less
This chapter examines the seemingly unending revelations of political, religious, and financial corruption that dominated the 1990s. It surveys the banking and policing scandals that dominated this decade and examines the struggles that journalists engaged in to expose this corruption. It also devotes considerable attention to the church scandals that were finally exposed by journalists – in particular the child abuse scandal that was to change forever the relationship between the once all-powerful Catholic Church and journalism.
Alisa Bierria and Colby Lenz
- Published in print:
- 2019
- Published Online:
- September 2019
- ISBN:
- 9781479805648
- eISBN:
- 9781479888733
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479805648.003.0005
- Subject:
- Law, Family Law
The integral relationship between carceral violence and gender violence has led to the criminalization of thousands of survivors. The criminal prosecution of domestic violence survivors for being ...
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The integral relationship between carceral violence and gender violence has led to the criminalization of thousands of survivors. The criminal prosecution of domestic violence survivors for being unable to prevent their batterers’ abuse of their children, also known as “failure to protect,” reflects this punitive trend. This chapter recommends a paradigm shift from a “mitigating factors” strategy that attempts to provide explanatory context for survivors’ “failure,” to a structural critique that exposes the ideological foundations of “failure to protect.” Considering two case studies, it examines how these prosecutions create a spatial continuity of violence between domestic space and court space, revealing how the violence of punitivity and confinement becomes violence that is co-threatened by batterers and court actors. It proposes Battering Court Syndrome (BCS) as a framework from which to theorize the criminalization of survivors, a political diagnosis of the institutionalization of domestic violence, and a possible legal defense strategy.Less
The integral relationship between carceral violence and gender violence has led to the criminalization of thousands of survivors. The criminal prosecution of domestic violence survivors for being unable to prevent their batterers’ abuse of their children, also known as “failure to protect,” reflects this punitive trend. This chapter recommends a paradigm shift from a “mitigating factors” strategy that attempts to provide explanatory context for survivors’ “failure,” to a structural critique that exposes the ideological foundations of “failure to protect.” Considering two case studies, it examines how these prosecutions create a spatial continuity of violence between domestic space and court space, revealing how the violence of punitivity and confinement becomes violence that is co-threatened by batterers and court actors. It proposes Battering Court Syndrome (BCS) as a framework from which to theorize the criminalization of survivors, a political diagnosis of the institutionalization of domestic violence, and a possible legal defense strategy.
Kevin H. Wozniak
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780195393583
- eISBN:
- 9780190603946
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195393583.003.0013
- Subject:
- Psychology, Developmental Psychology
In this chapter, we conclude from the body of findings in previous chapters that the “differential etiology of violence” hypothesis, as a general matter, is supported. Thus, we argue that using ...
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In this chapter, we conclude from the body of findings in previous chapters that the “differential etiology of violence” hypothesis, as a general matter, is supported. Thus, we argue that using general theories of criminality to predict violence, in particular, is not defensible. We also explore the policy implications of the findings reported in this book. We make the case that the timing for significant policy changes is propitious, and we advocate holistic and comprehensive approaches. Returning to the substantive chapters, we provide specific policy implications tuned to violence prevention. The recommendations emphasize developmental prevention, in the form of academic aid, cognitive therapies, and parent interventions. We also emphasize abuse prevention and treatment for abused children. Additional information about poverty and community programs is provided, and we explore some of the difficulties that arise when drug policy is used in attempts to prevent violence.Less
In this chapter, we conclude from the body of findings in previous chapters that the “differential etiology of violence” hypothesis, as a general matter, is supported. Thus, we argue that using general theories of criminality to predict violence, in particular, is not defensible. We also explore the policy implications of the findings reported in this book. We make the case that the timing for significant policy changes is propitious, and we advocate holistic and comprehensive approaches. Returning to the substantive chapters, we provide specific policy implications tuned to violence prevention. The recommendations emphasize developmental prevention, in the form of academic aid, cognitive therapies, and parent interventions. We also emphasize abuse prevention and treatment for abused children. Additional information about poverty and community programs is provided, and we explore some of the difficulties that arise when drug policy is used in attempts to prevent violence.
Ara Francis
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9781447304432
- eISBN:
- 9781447307884
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447304432.003.0005
- Subject:
- Sociology, Marriage and the Family
This chapter draws attention to the tensions and ‘divides’ concerning methodological approaches to researching family troubles, focusing on qualitative methodologies and arguing that they share a ...
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This chapter draws attention to the tensions and ‘divides’ concerning methodological approaches to researching family troubles, focusing on qualitative methodologies and arguing that they share a concern with meanings and staying close to everyday contexts, underpinned by a primarily inductive epistemology. In relation to family troubles, the author suggests that qualitative methodologies are particularly well-suited to ask two core questions: how people construct ‘family troubles’ and how these constructions are related to social systems of power and inequalities. Using the example of the emergence of child abuse as a significant publicly-defined family trouble in 20th century Western societies, the author argues that qualitative methodologies can consider the processes through which such troubles are recognized and constructed, including historical considerations of the parts played by particular professional interests and the (classed) resistance to and support for the definitions of child abuse that emerged. Close examination of the social constructions of particular family troubles can be important in helping to frame appropriate interventions.Less
This chapter draws attention to the tensions and ‘divides’ concerning methodological approaches to researching family troubles, focusing on qualitative methodologies and arguing that they share a concern with meanings and staying close to everyday contexts, underpinned by a primarily inductive epistemology. In relation to family troubles, the author suggests that qualitative methodologies are particularly well-suited to ask two core questions: how people construct ‘family troubles’ and how these constructions are related to social systems of power and inequalities. Using the example of the emergence of child abuse as a significant publicly-defined family trouble in 20th century Western societies, the author argues that qualitative methodologies can consider the processes through which such troubles are recognized and constructed, including historical considerations of the parts played by particular professional interests and the (classed) resistance to and support for the definitions of child abuse that emerged. Close examination of the social constructions of particular family troubles can be important in helping to frame appropriate interventions.
Brendan Geary
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780719091674
- eISBN:
- 9781781707197
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719091674.003.0004
- Subject:
- Political Science, European Union
The demise of the Celtic Tiger has shattered a set of assumptions regarding the identity of the ‘New Ireland’, and this chapter explores how the Child Sexual Abuse crisis has had a similar shattering ...
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The demise of the Celtic Tiger has shattered a set of assumptions regarding the identity of the ‘New Ireland’, and this chapter explores how the Child Sexual Abuse crisis has had a similar shattering effect effect on the role and perception of the Irish Catholic Church. Geary explores the profound consequences of this crisis for the sense of Irish identity and the place of religion in Irish life. The process of secularization and the demise of folk religion were already under way, but the abuse crisis both hastened the change and demolished beliefs of clergy and many lay people regarding the nature and role of the Church. Making use of Fowler's stages of faith as an analytical lens, the chapter suggests that Ireland, until the end of the twentieth century, was at ‘stage 3’ of faith development, a period that is characterised by conformity. That social conformity has shifted to a different Ireland, with different values. There has been a shift of interest by some people to ‘spirituality’ rather than ‘religious practice’; this is one element in a transition to a smaller, less socially powerful church, as it requires a new religious language and identity and church leaders are not prepared for this.Less
The demise of the Celtic Tiger has shattered a set of assumptions regarding the identity of the ‘New Ireland’, and this chapter explores how the Child Sexual Abuse crisis has had a similar shattering effect effect on the role and perception of the Irish Catholic Church. Geary explores the profound consequences of this crisis for the sense of Irish identity and the place of religion in Irish life. The process of secularization and the demise of folk religion were already under way, but the abuse crisis both hastened the change and demolished beliefs of clergy and many lay people regarding the nature and role of the Church. Making use of Fowler's stages of faith as an analytical lens, the chapter suggests that Ireland, until the end of the twentieth century, was at ‘stage 3’ of faith development, a period that is characterised by conformity. That social conformity has shifted to a different Ireland, with different values. There has been a shift of interest by some people to ‘spirituality’ rather than ‘religious practice’; this is one element in a transition to a smaller, less socially powerful church, as it requires a new religious language and identity and church leaders are not prepared for this.
Joanne Savage and Kevin H. Wozniak
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780195393583
- eISBN:
- 9780190603946
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195393583.001.0001
- Subject:
- Psychology, Developmental Psychology
Why do some individuals commit violent offenses while others restrict themselves to nonviolent crime? Most people probably assume that criminologists know a great deal about the causes of violent ...
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Why do some individuals commit violent offenses while others restrict themselves to nonviolent crime? Most people probably assume that criminologists know a great deal about the causes of violent offending. It might surprise them to know that there is little consensus about what distinguishes violent offenders from those who commit less serious crime. Further, most criminological theory and research applies mainly to lesser criminal offenses and most of the work published in developmental psychology applies best to general conduct problems, not necessarily physical aggression. The purpose of this book is to narrowly delineate the causes of violence and physical aggression as they contrast with the causes of other forms of antisocial behavior. In each substantive chapter, we select one potential cause of violence (attachment insecurity, parental rejection, low intelligence, school problems, child abuse, poverty, community disorder, and substance use) and assess the state of published evidence related to its ability to differentially predict violent behavior. To that end, we conducted extensive literature searches to unearth all existing relevant empirical work, published in English, for each topic. While the book is first and foremost a scholarly contribution to the fields of developmental psychology and criminology, the early chapters introducing the problem, discussing the development of violent behavior, and reviewing the sociological views of violence and motivation, will make it suitable for use as a text for an advanced course on violence or as a secondary text in an introductory criminology course.Less
Why do some individuals commit violent offenses while others restrict themselves to nonviolent crime? Most people probably assume that criminologists know a great deal about the causes of violent offending. It might surprise them to know that there is little consensus about what distinguishes violent offenders from those who commit less serious crime. Further, most criminological theory and research applies mainly to lesser criminal offenses and most of the work published in developmental psychology applies best to general conduct problems, not necessarily physical aggression. The purpose of this book is to narrowly delineate the causes of violence and physical aggression as they contrast with the causes of other forms of antisocial behavior. In each substantive chapter, we select one potential cause of violence (attachment insecurity, parental rejection, low intelligence, school problems, child abuse, poverty, community disorder, and substance use) and assess the state of published evidence related to its ability to differentially predict violent behavior. To that end, we conducted extensive literature searches to unearth all existing relevant empirical work, published in English, for each topic. While the book is first and foremost a scholarly contribution to the fields of developmental psychology and criminology, the early chapters introducing the problem, discussing the development of violent behavior, and reviewing the sociological views of violence and motivation, will make it suitable for use as a text for an advanced course on violence or as a secondary text in an introductory criminology course.
