Franklin E. Zimring
- Published in print:
- 2005
- Published Online:
- May 2012
- ISBN:
- 9780195181166
- eISBN:
- 9780199943302
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195181166.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
This volume discusses criminology and policy analysis of adolescence. The focus is on the principles and policy of a separate and distinct system of juvenile justice. The book opens with an ...
More
This volume discusses criminology and policy analysis of adolescence. The focus is on the principles and policy of a separate and distinct system of juvenile justice. The book opens with an introduction of the creation of adolescence, presenting a justification for the category of the juvenile or a period of partial responsibility before full adulthood. Subsequent sections include empirical investigations of the nature of youth criminality and legal policy towards youth crime. At the heart of the book is an argument for a penal policy that recognizes diminished responsibility and a youth policy that emphasizes the benefits of letting the maturing process continue with minimal interruption. The book concludes with applications of the core concerns to five specific problem areas in current juvenile justice: teen pregnancy, transfer to criminal court, minority overrepresentation, juvenile gun use, and youth homicide.Less
This volume discusses criminology and policy analysis of adolescence. The focus is on the principles and policy of a separate and distinct system of juvenile justice. The book opens with an introduction of the creation of adolescence, presenting a justification for the category of the juvenile or a period of partial responsibility before full adulthood. Subsequent sections include empirical investigations of the nature of youth criminality and legal policy towards youth crime. At the heart of the book is an argument for a penal policy that recognizes diminished responsibility and a youth policy that emphasizes the benefits of letting the maturing process continue with minimal interruption. The book concludes with applications of the core concerns to five specific problem areas in current juvenile justice: teen pregnancy, transfer to criminal court, minority overrepresentation, juvenile gun use, and youth homicide.
F. A. R. Bennion
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199564101
- eISBN:
- 9780191705465
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199564101.003.0011
- Subject:
- Law, Constitutional and Administrative Law
A principle of statutory interpretation embodies legal policy, which is based on public policy. The content is what judges think and say it is, though they are guided by relevant legislation. Legal ...
More
A principle of statutory interpretation embodies legal policy, which is based on public policy. The content is what judges think and say it is, though they are guided by relevant legislation. Legal policy consists of principles the judges consider the law must uphold, such as: that law should serve the public interest, that it should be fair and just, etc. Different elements of legal policy, for example the safeguarding of personal liberty and the need for state security, may conflict. On some aspects legal policy may change drastically over a period. The court ought not to enunciate a new head of policy where Parliament has demonstrated its willingness to intervene. It is a principle of legal policy that domestic law should conform to public international law. This has been given statutory effect in relation to the European Convention on Human Rights by the Human Rights Act 1998 s 3(1).Less
A principle of statutory interpretation embodies legal policy, which is based on public policy. The content is what judges think and say it is, though they are guided by relevant legislation. Legal policy consists of principles the judges consider the law must uphold, such as: that law should serve the public interest, that it should be fair and just, etc. Different elements of legal policy, for example the safeguarding of personal liberty and the need for state security, may conflict. On some aspects legal policy may change drastically over a period. The court ought not to enunciate a new head of policy where Parliament has demonstrated its willingness to intervene. It is a principle of legal policy that domestic law should conform to public international law. This has been given statutory effect in relation to the European Convention on Human Rights by the Human Rights Act 1998 s 3(1).
RICHARD W. PAINTER
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195378719
- eISBN:
- 9780199869619
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378719.003.0009
- Subject:
- Law, Constitutional and Administrative Law
This chapter focuses on organizations other than lobbying firms and corporate in-house lobbyists that also engage in lobbying. These include advocacy groups, think tanks, public policy organizations, ...
More
This chapter focuses on organizations other than lobbying firms and corporate in-house lobbyists that also engage in lobbying. These include advocacy groups, think tanks, public policy organizations, legal policy organizations, single-issue advocacy organizations, religious organizations, trade associations, and labor unions. The chapter then discusses the overall influence of these advocacy groups and other organizations.Less
This chapter focuses on organizations other than lobbying firms and corporate in-house lobbyists that also engage in lobbying. These include advocacy groups, think tanks, public policy organizations, legal policy organizations, single-issue advocacy organizations, religious organizations, trade associations, and labor unions. The chapter then discusses the overall influence of these advocacy groups and other organizations.
Adam Benforado and Jon Hanson
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199737512
- eISBN:
- 9780199918638
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199737512.003.0019
- Subject:
- Psychology, Social Psychology
This chapter explores the way in which dispositionism maintains its dominance as an attributional framework despite failing to capture accurately the causes of human behavior. The answer lies in a ...
More
This chapter explores the way in which dispositionism maintains its dominance as an attributional framework despite failing to capture accurately the causes of human behavior. The answer lies in a subordinate dynamic and discourse, naïve cynicism: the basic subconscious mechanism by which dispositionists discredit and dismiss generally more accurate situationist insights and their proponents. Without the operation of naïve cynicism, dispositionism would be far more vulnerable to challenge and change. Naïve cynicism is, thus, critically important to explaining how and why certain legal policies manage to carry the day. As a case study, the chapter considers the naïve cynical backlash against situationist accounts of the causes of prisoner abuses at Abu Ghraib, Guantanamo Bay, and other detentions centers.Less
This chapter explores the way in which dispositionism maintains its dominance as an attributional framework despite failing to capture accurately the causes of human behavior. The answer lies in a subordinate dynamic and discourse, naïve cynicism: the basic subconscious mechanism by which dispositionists discredit and dismiss generally more accurate situationist insights and their proponents. Without the operation of naïve cynicism, dispositionism would be far more vulnerable to challenge and change. Naïve cynicism is, thus, critically important to explaining how and why certain legal policies manage to carry the day. As a case study, the chapter considers the naïve cynical backlash against situationist accounts of the causes of prisoner abuses at Abu Ghraib, Guantanamo Bay, and other detentions centers.
Adam Benforado and Jon Hanson
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199737512
- eISBN:
- 9780199918638
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199737512.003.0012
- Subject:
- Psychology, Social Psychology
This chapter describes a major rift extending across many important debates over our legal structures, policies, and theories of law. It argues that the divide is based, to a significant extent, on ...
More
This chapter describes a major rift extending across many important debates over our legal structures, policies, and theories of law. It argues that the divide is based, to a significant extent, on contrasting attributional tendencies: the less accurate dispositionist approach, which explains outcomes and behavior with reference to people’s dispositions (that is, stable personalities, preferences, and the like), and the more accurate situationist approach, which bases attributions of causation and responsibility on unseen influences within us and around us (that is, cognitive proclivities and structures and external environmental forces). As this chapter summarizes, research on the underlying motives and conceptual metaphors behind conservatism and liberalism help explain the vital connections between those attributional styles and political ideologies.Less
This chapter describes a major rift extending across many important debates over our legal structures, policies, and theories of law. It argues that the divide is based, to a significant extent, on contrasting attributional tendencies: the less accurate dispositionist approach, which explains outcomes and behavior with reference to people’s dispositions (that is, stable personalities, preferences, and the like), and the more accurate situationist approach, which bases attributions of causation and responsibility on unseen influences within us and around us (that is, cognitive proclivities and structures and external environmental forces). As this chapter summarizes, research on the underlying motives and conceptual metaphors behind conservatism and liberalism help explain the vital connections between those attributional styles and political ideologies.
Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199286485
- eISBN:
- 9780191730894
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199286485.003.0019
- Subject:
- Law, EU Law, Constitutional and Administrative Law
Within European administrative law, single-case implementation of European Union legal policy can occur not just through unilateral measures, but also by means of agreements or contracts concluded by ...
More
Within European administrative law, single-case implementation of European Union legal policy can occur not just through unilateral measures, but also by means of agreements or contracts concluded by EU or Member State authorities. In the EU, administrative law agreements have always featured as a commonly used form of act. Europe's developing integrated administration has increased the need for, and the sophistication of, the use of such measures. Despite their substantial relevance in practice for the implementation of EU policy and law, however, agreements as form of action in EU administrative law have so far remained largely unexplored. This chapter focuses on their use in the context of the regulation of single-case situations.Less
Within European administrative law, single-case implementation of European Union legal policy can occur not just through unilateral measures, but also by means of agreements or contracts concluded by EU or Member State authorities. In the EU, administrative law agreements have always featured as a commonly used form of act. Europe's developing integrated administration has increased the need for, and the sophistication of, the use of such measures. Despite their substantial relevance in practice for the implementation of EU policy and law, however, agreements as form of action in EU administrative law have so far remained largely unexplored. This chapter focuses on their use in the context of the regulation of single-case situations.
Jane Mcadam
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199587087
- eISBN:
- 9780191738494
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199587087.003.0002
- Subject:
- Law, Public International Law
There is now a considerable amount of literature about how the phenomenon of the climate change-related movement should be ‘conceptualized’ — that is, how it should be understood as an area of ...
More
There is now a considerable amount of literature about how the phenomenon of the climate change-related movement should be ‘conceptualized’ — that is, how it should be understood as an area of academic inquiry and a subject of legal and policy development. This chapter does not rehearse the debates on this issue, but rather synthesizes contemporary approaches and explain why the ‘lens’ through which the phenomenon is viewed can dramatically change the way it is perceived and regulated. Conceptualization is therefore key to presenting the ‘issue’ to be tackled, and devising appropriate policy responses to address it. The chapter draws on fieldwork undertaken in three countries which have become synonymous with the notion of climate change-related displacement in Kiribati, Tuvalu, and Bangladesh.Less
There is now a considerable amount of literature about how the phenomenon of the climate change-related movement should be ‘conceptualized’ — that is, how it should be understood as an area of academic inquiry and a subject of legal and policy development. This chapter does not rehearse the debates on this issue, but rather synthesizes contemporary approaches and explain why the ‘lens’ through which the phenomenon is viewed can dramatically change the way it is perceived and regulated. Conceptualization is therefore key to presenting the ‘issue’ to be tackled, and devising appropriate policy responses to address it. The chapter draws on fieldwork undertaken in three countries which have become synonymous with the notion of climate change-related displacement in Kiribati, Tuvalu, and Bangladesh.
F. A. R. Bennion
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199564101
- eISBN:
- 9780191705465
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199564101.003.0010
- Subject:
- Law, Constitutional and Administrative Law
The guides to legislative intention, otherwise known as interpretative criteria, are: (1) common law and statutory rules; (2) principles derived from legal policy; (3) presumptions based on the ...
More
The guides to legislative intention, otherwise known as interpretative criteria, are: (1) common law and statutory rules; (2) principles derived from legal policy; (3) presumptions based on the nature of legislation; and (4) general linguistic canons applicable to any piece of English prose. Rules of statutory construction are those laid down at common law and those laid down by statute. The basic rule, laid down at common law, is that enactments shall be construed according to the general guides laid down by law; and that where these conflict there must be weighing and balancing the interpretative factors concerned. Rules laid down at common law also include: (1) regard must be had to the juridical nature of an enactment; (2) the plain meaning rule; (3) the commonsense construction rule. Statutory rules are laid down either by the Interpretation Act 1978 (applicable generally) or by an individual Act (for that Act only).Less
The guides to legislative intention, otherwise known as interpretative criteria, are: (1) common law and statutory rules; (2) principles derived from legal policy; (3) presumptions based on the nature of legislation; and (4) general linguistic canons applicable to any piece of English prose. Rules of statutory construction are those laid down at common law and those laid down by statute. The basic rule, laid down at common law, is that enactments shall be construed according to the general guides laid down by law; and that where these conflict there must be weighing and balancing the interpretative factors concerned. Rules laid down at common law also include: (1) regard must be had to the juridical nature of an enactment; (2) the plain meaning rule; (3) the commonsense construction rule. Statutory rules are laid down either by the Interpretation Act 1978 (applicable generally) or by an individual Act (for that Act only).
Amanda K. Baumle and D’Lane R. Compton
- Published in print:
- 2015
- Published Online:
- September 2016
- ISBN:
- 9781479857647
- eISBN:
- 9781479879656
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479857647.003.0008
- Subject:
- Sociology, Marriage and the Family
The authors conclude by examining their emergent theory, and the contributions that their study makes to studies of legal consciousness and to social and legal policy. They indicate that their ...
More
The authors conclude by examining their emergent theory, and the contributions that their study makes to studies of legal consciousness and to social and legal policy. They indicate that their research reveals how LGBT individuals frame their access to the creation and maintenance of families; the legal, social, and geographic obstacles to those goals; and their responses and reactions to those obstacles. The authors find that individual factors such as demographics and familial desires; mediating factors such as social networks, legal actors, and organizations; and legal context all interact with cultural discourses about the law in order to shape LGBT parents’ legal consciousness. Their findings thus illustrate that there is no single experience of LGBT parents with regard to legality. Their legal consciousness as part of the parenting process is as varied and contextual as the legal and sociopolitical environments in which they reside.Less
The authors conclude by examining their emergent theory, and the contributions that their study makes to studies of legal consciousness and to social and legal policy. They indicate that their research reveals how LGBT individuals frame their access to the creation and maintenance of families; the legal, social, and geographic obstacles to those goals; and their responses and reactions to those obstacles. The authors find that individual factors such as demographics and familial desires; mediating factors such as social networks, legal actors, and organizations; and legal context all interact with cultural discourses about the law in order to shape LGBT parents’ legal consciousness. Their findings thus illustrate that there is no single experience of LGBT parents with regard to legality. Their legal consciousness as part of the parenting process is as varied and contextual as the legal and sociopolitical environments in which they reside.
Chen Chao-ju
- Published in print:
- 2013
- Published Online:
- November 2016
- ISBN:
- 9780824837150
- eISBN:
- 9780824869472
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824837150.003.0008
- Subject:
- History, Asian History
This chapter examines tensions in Japanese colonial legal policy toward the widespread Taiwanese custom of sim-pua marriage, whereby a girl was adopted at a very young age and raised in the family of ...
More
This chapter examines tensions in Japanese colonial legal policy toward the widespread Taiwanese custom of sim-pua marriage, whereby a girl was adopted at a very young age and raised in the family of her intended husband and then married in her teens to that adoptive brother. It contextualizes colonial policy toward this practice within the debate on whether the Japanese civil code should be extended to Taiwan. In the aftermath of the 1923 decision to continue to use customary law to rule on family matters, courts struggled to reconcile the “civilizing mission” that authorized Japanese colonial rule with the requirement to respect custom. Through the careful reading of cases, this chapter explores how sim-pua, their natal families, and adoptive brothers/would-be husbands used the colonial courts to assert their agency.Less
This chapter examines tensions in Japanese colonial legal policy toward the widespread Taiwanese custom of sim-pua marriage, whereby a girl was adopted at a very young age and raised in the family of her intended husband and then married in her teens to that adoptive brother. It contextualizes colonial policy toward this practice within the debate on whether the Japanese civil code should be extended to Taiwan. In the aftermath of the 1923 decision to continue to use customary law to rule on family matters, courts struggled to reconcile the “civilizing mission” that authorized Japanese colonial rule with the requirement to respect custom. Through the careful reading of cases, this chapter explores how sim-pua, their natal families, and adoptive brothers/would-be husbands used the colonial courts to assert their agency.
M. Dinesh Kumar
- Published in print:
- 2010
- Published Online:
- October 2012
- ISBN:
- 9780198065364
- eISBN:
- 9780199081219
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198065364.003.0009
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter focuses on the institution and policies for water management in India. It analyses data on sustainable water use index and explores the range of economic instruments and institutional ...
More
This chapter focuses on the institution and policies for water management in India. It analyses data on sustainable water use index and explores the range of economic instruments and institutional options for managing water economies. It explains the legal, policy, and administrative measures for implementing the economic and market instruments and discusses the institutional framework for water management in a river basin, using the example of Sabarmati River Basin for greater clarity of the issues and approaches.Less
This chapter focuses on the institution and policies for water management in India. It analyses data on sustainable water use index and explores the range of economic instruments and institutional options for managing water economies. It explains the legal, policy, and administrative measures for implementing the economic and market instruments and discusses the institutional framework for water management in a river basin, using the example of Sabarmati River Basin for greater clarity of the issues and approaches.
- Published in print:
- 2004
- Published Online:
- March 2013
- ISBN:
- 9780226983578
- eISBN:
- 9780226983592
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226983592.003.0001
- Subject:
- Law, Criminal Law and Criminology
This chapter presents three case studies illustrating the extraordinary recent history of legal responses to problematic sexual activities of children and teens in the United States. It intends to ...
More
This chapter presents three case studies illustrating the extraordinary recent history of legal responses to problematic sexual activities of children and teens in the United States. It intends to provide an introduction to that part of the legal system concerned with child and adolescent sexual misconduct and to some troublesome trends in legal policy. Like other states in recent years, Idaho passed legislation in 1998 establishing the Sexual Offender Registration, Notification, and Community Right-to-Know Act. The first section of this statute contains a set of legislative findings which rehearses the factual assumptions that are the premises on which the regulatory scheme is based. The Idaho offender registration findings assert that sexual offenders present a significant risk of re-offending and that providing public access to information about such offenders assists parents in the protection of their children.Less
This chapter presents three case studies illustrating the extraordinary recent history of legal responses to problematic sexual activities of children and teens in the United States. It intends to provide an introduction to that part of the legal system concerned with child and adolescent sexual misconduct and to some troublesome trends in legal policy. Like other states in recent years, Idaho passed legislation in 1998 establishing the Sexual Offender Registration, Notification, and Community Right-to-Know Act. The first section of this statute contains a set of legislative findings which rehearses the factual assumptions that are the premises on which the regulatory scheme is based. The Idaho offender registration findings assert that sexual offenders present a significant risk of re-offending and that providing public access to information about such offenders assists parents in the protection of their children.
- Published in print:
- 2004
- Published Online:
- March 2013
- ISBN:
- 9780226983578
- eISBN:
- 9780226983592
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226983592.003.0006
- Subject:
- Law, Criminal Law and Criminology
This chapter aims to use the known facts about juvenile sex offending as the basis for proposing reforms in juvenile court policies toward sexual offenses and offenders, but it begins with a more ...
More
This chapter aims to use the known facts about juvenile sex offending as the basis for proposing reforms in juvenile court policies toward sexual offenses and offenders, but it begins with a more typical academic ploy: a research agenda for filling gaps in the knowledge base about children and adolescents who commit sex offenses. The first section addresses three key issues that research must resolve in the near future, and the second section considers the basic principles and policies that are appropriate to responding to three different classes of sex offenders in the juvenile justice system. The chapter then explores a series of more detailed legal and policy questions that concern the juvenile sex offender.Less
This chapter aims to use the known facts about juvenile sex offending as the basis for proposing reforms in juvenile court policies toward sexual offenses and offenders, but it begins with a more typical academic ploy: a research agenda for filling gaps in the knowledge base about children and adolescents who commit sex offenses. The first section addresses three key issues that research must resolve in the near future, and the second section considers the basic principles and policies that are appropriate to responding to three different classes of sex offenders in the juvenile justice system. The chapter then explores a series of more detailed legal and policy questions that concern the juvenile sex offender.
Franklin E. Zimring
- Published in print:
- 2005
- Published Online:
- March 2013
- ISBN:
- 9780226319889
- eISBN:
- 9780226319919
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226319919.003.0013
- Subject:
- Law, Family Law
This chapter identifies some of the key policy choices that must be made in reducing injustices found in American juvenile courts. A clear definition of goals and priorities is absolutely essential ...
More
This chapter identifies some of the key policy choices that must be made in reducing injustices found in American juvenile courts. A clear definition of goals and priorities is absolutely essential to intelligent policy planning. Reducing the hazards of juvenile court processing may be a better approach to protecting minority youths than just trying to reduce the proportion of juvenile court cases with minority defendants. The chapter presents the conceptual equipment necessary to assess the impact of legal policies on minority populations and discusses whether it is best to consider the minority concentrations in juvenile justice as a special problem in the juvenile justice system or as part of the generally higher risk exposures found in criminal justice and other state control systems. Harm reduction is proposed as the principal criterion by which policies designed to respond to minority disproportion should be judged.Less
This chapter identifies some of the key policy choices that must be made in reducing injustices found in American juvenile courts. A clear definition of goals and priorities is absolutely essential to intelligent policy planning. Reducing the hazards of juvenile court processing may be a better approach to protecting minority youths than just trying to reduce the proportion of juvenile court cases with minority defendants. The chapter presents the conceptual equipment necessary to assess the impact of legal policies on minority populations and discusses whether it is best to consider the minority concentrations in juvenile justice as a special problem in the juvenile justice system or as part of the generally higher risk exposures found in criminal justice and other state control systems. Harm reduction is proposed as the principal criterion by which policies designed to respond to minority disproportion should be judged.
- Published in print:
- 2011
- Published Online:
- March 2013
- ISBN:
- 9780226039541
- eISBN:
- 9780226039565
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226039565.003.0001
- Subject:
- Political Science, American Politics
This chapter introduces judicial specialization, and also considers the book's first question: The extent of judicial specialization in the United States. People assume that specialization is both ...
More
This chapter introduces judicial specialization, and also considers the book's first question: The extent of judicial specialization in the United States. People assume that specialization is both inevitable and desirable, a source of benefits to the organizations. Judicial specialization is sufficient in extent to constitute a significant feature of the judiciary, one that merits the attention of people who seek to understand the courts. The extent of specialization in the courts and the growth in specialization make it an important phenomenon. Judicial specialization is best thought in terms of the link between individual judges and fields of legal policy. The chapter turns to the landscape of specialization in the federal and state court systems. A significant portion of the work of federal courts is handled by specialized bodies. Finally, an overview of the other chapters included in the book is given.Less
This chapter introduces judicial specialization, and also considers the book's first question: The extent of judicial specialization in the United States. People assume that specialization is both inevitable and desirable, a source of benefits to the organizations. Judicial specialization is sufficient in extent to constitute a significant feature of the judiciary, one that merits the attention of people who seek to understand the courts. The extent of specialization in the courts and the growth in specialization make it an important phenomenon. Judicial specialization is best thought in terms of the link between individual judges and fields of legal policy. The chapter turns to the landscape of specialization in the federal and state court systems. A significant portion of the work of federal courts is handled by specialized bodies. Finally, an overview of the other chapters included in the book is given.
David S. Roh
- Published in print:
- 2015
- Published Online:
- September 2016
- ISBN:
- 9780816695751
- eISBN:
- 9781452953670
- Item type:
- chapter
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816695751.003.0002
- Subject:
- Literature, Criticism/Theory
Chapter 2 shifts focus to underground writing communities that borrow from popular culture to influence canonicity. Roh compares American fan fiction and dojinshi to illustrate how a favorable or ...
More
Chapter 2 shifts focus to underground writing communities that borrow from popular culture to influence canonicity. Roh compares American fan fiction and dojinshi to illustrate how a favorable or unfavorable infrastructure and legal climate detracts from or encourages fledgling creativity. Roh argues that a generous legal policy—rather than a protective one—may be of greater overall benefit. For example, the disparate reactions of American and Japanese content owners to amateur fiction illustrate how different policies affect industry development. Japanese publishers tacitly sanction dojinshi authors, which has resulted in a vibrant subindustry acting as free advertising for borrowed works. In contrast, their American counterparts generally disapprove of fan fiction, which limits the growth potential for both parties. The importance lies not with which party prevails but with the dialogic relationship that compels engagement and adaptation.Less
Chapter 2 shifts focus to underground writing communities that borrow from popular culture to influence canonicity. Roh compares American fan fiction and dojinshi to illustrate how a favorable or unfavorable infrastructure and legal climate detracts from or encourages fledgling creativity. Roh argues that a generous legal policy—rather than a protective one—may be of greater overall benefit. For example, the disparate reactions of American and Japanese content owners to amateur fiction illustrate how different policies affect industry development. Japanese publishers tacitly sanction dojinshi authors, which has resulted in a vibrant subindustry acting as free advertising for borrowed works. In contrast, their American counterparts generally disapprove of fan fiction, which limits the growth potential for both parties. The importance lies not with which party prevails but with the dialogic relationship that compels engagement and adaptation.
- Published in print:
- 2004
- Published Online:
- March 2013
- ISBN:
- 9780226983578
- eISBN:
- 9780226983592
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226983592.003.0005
- Subject:
- Law, Criminal Law and Criminology
This chapter outlines the strategic objectives and assumptions of modern juvenile courts in delinquency cases, and measures these assumptions against the known facts about adolescent sex offending ...
More
This chapter outlines the strategic objectives and assumptions of modern juvenile courts in delinquency cases, and measures these assumptions against the known facts about adolescent sex offending and offenders. The fundamental question for this analysis is whether the assumptions and objectives on the part of modern juvenile courts regarding delinquents generally are appropriate also for sex offenders who come under the court's jurisdiction. If so, then the most appropriate policy environment for such offenders is American juvenile courts, which are informed by the age-specific policies of police and probation officials, and correctional agencies that have grown around such courts. But if, on the other hand, a sharp difference is found between the juvenile sex offender and the juvenile burglar, adjustments in treatment modalities and goals must be made before specific policies are designed.Less
This chapter outlines the strategic objectives and assumptions of modern juvenile courts in delinquency cases, and measures these assumptions against the known facts about adolescent sex offending and offenders. The fundamental question for this analysis is whether the assumptions and objectives on the part of modern juvenile courts regarding delinquents generally are appropriate also for sex offenders who come under the court's jurisdiction. If so, then the most appropriate policy environment for such offenders is American juvenile courts, which are informed by the age-specific policies of police and probation officials, and correctional agencies that have grown around such courts. But if, on the other hand, a sharp difference is found between the juvenile sex offender and the juvenile burglar, adjustments in treatment modalities and goals must be made before specific policies are designed.
Mervyn Murch
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781447345947
- eISBN:
- 9781447345992
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447345947.003.0002
- Subject:
- Sociology, Marriage and the Family
This chapter summarizes some key social and demographic statistics from England and Wales which illustrate the scale of the challenge which faces any governments should they wish to develop strategic ...
More
This chapter summarizes some key social and demographic statistics from England and Wales which illustrate the scale of the challenge which faces any governments should they wish to develop strategic preventative social and legal policies to better support children and young people caught up in the critical family transitions following the breakdown of their parents' relationship. It begins with some preliminary observations which may not be immediately apparent from the bold figures. It then discusses fluctuating divorce rates and the increase in cohabitation, and statistical problems concerning the number of children involved in private law litigation involving contact and residence orders.Less
This chapter summarizes some key social and demographic statistics from England and Wales which illustrate the scale of the challenge which faces any governments should they wish to develop strategic preventative social and legal policies to better support children and young people caught up in the critical family transitions following the breakdown of their parents' relationship. It begins with some preliminary observations which may not be immediately apparent from the bold figures. It then discusses fluctuating divorce rates and the increase in cohabitation, and statistical problems concerning the number of children involved in private law litigation involving contact and residence orders.
Amanda Slevin
- Published in print:
- 2015
- Published Online:
- January 2017
- ISBN:
- 9781784992743
- eISBN:
- 9781526115355
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784992743.003.0003
- Subject:
- Sociology, Economic Sociology
While Ireland in the mid 1950s was viewed by some indigenous geologists as a country with limited hydrocarbons, the visit of an Irish-American lawyer sparked hopes for potential oil and gas ...
More
While Ireland in the mid 1950s was viewed by some indigenous geologists as a country with limited hydrocarbons, the visit of an Irish-American lawyer sparked hopes for potential oil and gas exploitation. This chapter documents the design of legal and policy frameworks to facilitate hydrocarbon exploration and production, highlighting how the Irish state implemented a licensing system (1959 Oil Agreement) which entailed the transfer of rights for all Ireland's onshore and offshore territory to one oil company, enabling the privatisation of produced resources in exchange for some fiscal returns. Providing an historical account of the early days of the Irish petroleum industry, this chapter makes a new contribution to knowledge on Irish state hydrocarbon management, contextualised with reference to occurrences in Irish political economy. Conditions internationally also impacted on Ireland and global trends in resource nationalisation in tandem with the discovery of Kinsale gas culminated in the 1975 licensing terms (Justin Keating's terms) which signified a fresh perspective on hydrocarbon management. Due to national and international forces, this ‘golden era’ would not last, as discussed in the next chapter.Less
While Ireland in the mid 1950s was viewed by some indigenous geologists as a country with limited hydrocarbons, the visit of an Irish-American lawyer sparked hopes for potential oil and gas exploitation. This chapter documents the design of legal and policy frameworks to facilitate hydrocarbon exploration and production, highlighting how the Irish state implemented a licensing system (1959 Oil Agreement) which entailed the transfer of rights for all Ireland's onshore and offshore territory to one oil company, enabling the privatisation of produced resources in exchange for some fiscal returns. Providing an historical account of the early days of the Irish petroleum industry, this chapter makes a new contribution to knowledge on Irish state hydrocarbon management, contextualised with reference to occurrences in Irish political economy. Conditions internationally also impacted on Ireland and global trends in resource nationalisation in tandem with the discovery of Kinsale gas culminated in the 1975 licensing terms (Justin Keating's terms) which signified a fresh perspective on hydrocarbon management. Due to national and international forces, this ‘golden era’ would not last, as discussed in the next chapter.
Gu Dingqian, Liu Ying, and He Xirong
- Published in print:
- 2019
- Published Online:
- March 2019
- ISBN:
- 9780190880514
- eISBN:
- 9780190947538
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190880514.003.0015
- Subject:
- Psychology, Developmental Psychology
This chapter discusses the Chinese government’s policies and laws dealing with the education of deaf and hard-of-hearing (DHH) students. In policy, priority is given to placement of DHH learners in ...
More
This chapter discusses the Chinese government’s policies and laws dealing with the education of deaf and hard-of-hearing (DHH) students. In policy, priority is given to placement of DHH learners in mainstream education. Listening and speech rehabilitation services for DHH preschoolers are discussed. These have been developed and provided for a long time. Currently, approaches to language teaching for students at schools for the deaf are diversifying because the initiative focusing on Chinese General Sign Language will be applied nationwide in 2018. However, due to Chinese culture and traditional education practices, teachers who work with DHH students find themselves culturally at odds with the use of sign language and tend to stick to their own, different views on the “Learning in Regular Classrooms” policy.Less
This chapter discusses the Chinese government’s policies and laws dealing with the education of deaf and hard-of-hearing (DHH) students. In policy, priority is given to placement of DHH learners in mainstream education. Listening and speech rehabilitation services for DHH preschoolers are discussed. These have been developed and provided for a long time. Currently, approaches to language teaching for students at schools for the deaf are diversifying because the initiative focusing on Chinese General Sign Language will be applied nationwide in 2018. However, due to Chinese culture and traditional education practices, teachers who work with DHH students find themselves culturally at odds with the use of sign language and tend to stick to their own, different views on the “Learning in Regular Classrooms” policy.
