Phyllis Solomon, Mary M. Cavanaugh, and Jeffrey Draine
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195333190
- eISBN:
- 9780199864317
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195333190.001.0001
- Subject:
- Social Work, Research and Evaluation
Randomized controlled trials (RCTs) have been considered a gold standard for health and social service research for generations of professionals. However, even as methods have developed to ...
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Randomized controlled trials (RCTs) have been considered a gold standard for health and social service research for generations of professionals. However, even as methods have developed to accommodate a large number of professional perspectives and fields of intervention, few have adequately addressed the complex nature of RCTs conducted in community settings. In this book, Drs. Solomon, Cavanaugh, and Draine draw on their extensive experience conducting randomized controlled trials to compile a practical and accessible guide to RCTs in community-based practice settings. While providing a detailed, common-sense manual, the authors address numerous design and implementation challenges that are unique to practice settings, which are less-controlled environments than the typical clinic or consultation room. Such issues include: community and agency buy-in to support collaboration, addressing confounds to internal and external validity, and fidelity with complex interventions. These challenges are addressed through a mix of qualitative and quantitative methods that have supported RCT research in community-based settings. This pragmatic guide provides a thorough review of the basic ingredients for working through each step of the RCT process. It offers encouragement and support to enter this richly rewarding and challenging research area.Less
Randomized controlled trials (RCTs) have been considered a gold standard for health and social service research for generations of professionals. However, even as methods have developed to accommodate a large number of professional perspectives and fields of intervention, few have adequately addressed the complex nature of RCTs conducted in community settings. In this book, Drs. Solomon, Cavanaugh, and Draine draw on their extensive experience conducting randomized controlled trials to compile a practical and accessible guide to RCTs in community-based practice settings. While providing a detailed, common-sense manual, the authors address numerous design and implementation challenges that are unique to practice settings, which are less-controlled environments than the typical clinic or consultation room. Such issues include: community and agency buy-in to support collaboration, addressing confounds to internal and external validity, and fidelity with complex interventions. These challenges are addressed through a mix of qualitative and quantitative methods that have supported RCT research in community-based settings. This pragmatic guide provides a thorough review of the basic ingredients for working through each step of the RCT process. It offers encouragement and support to enter this richly rewarding and challenging research area.
Mark Connelly
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199278602
- eISBN:
- 9780191707056
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199278602.001.0001
- Subject:
- History, Military History
This book fully revises standard regimental history by establishing the framework and background to the regiment's role in the Great War. It tests the current theories about the British Army in the ...
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This book fully revises standard regimental history by establishing the framework and background to the regiment's role in the Great War. It tests the current theories about the British Army in the war and some of the conclusions of modern military historians. In recent years, a fascinating reassessment of the combat performance of the British Army in the Great War has stressed the fact that the British Army ascended a ‘learning curve’ during the conflict resulting in a modern military machine of awesome power. Research carried out thus far has been on a grand scale with very few examinations of smaller units. This study of the battalion of the Buffs has tested these theoretical ideas. The central questions addressed in this study are: the factors that dominated the officer-man relationship during the war; how identity and combat efficiency was maintained in the light of heavy casualties; the relative importance of individual characters to the efficiency of a battalion as opposed to the ‘managerial structures’ of the BEF; the importance of brigade and division to the performance of a battalion; the effective understanding and deployment of new weapons; the reactions of individual men to the trials of war; and the personal and private reactions of the soldiers' communities in Kent. This book adds a significant new chapter to our understanding of the British army on the Western Front, and the way its home community in East Kent reacted to experience. It reveals the way in which the regiment adjusted to the shock of modern warfare, and the bloody learning curve the Buffs ascended as they shared the British Expeditionary Force's march towards final victory.Less
This book fully revises standard regimental history by establishing the framework and background to the regiment's role in the Great War. It tests the current theories about the British Army in the war and some of the conclusions of modern military historians. In recent years, a fascinating reassessment of the combat performance of the British Army in the Great War has stressed the fact that the British Army ascended a ‘learning curve’ during the conflict resulting in a modern military machine of awesome power. Research carried out thus far has been on a grand scale with very few examinations of smaller units. This study of the battalion of the Buffs has tested these theoretical ideas. The central questions addressed in this study are: the factors that dominated the officer-man relationship during the war; how identity and combat efficiency was maintained in the light of heavy casualties; the relative importance of individual characters to the efficiency of a battalion as opposed to the ‘managerial structures’ of the BEF; the importance of brigade and division to the performance of a battalion; the effective understanding and deployment of new weapons; the reactions of individual men to the trials of war; and the personal and private reactions of the soldiers' communities in Kent. This book adds a significant new chapter to our understanding of the British army on the Western Front, and the way its home community in East Kent reacted to experience. It reveals the way in which the regiment adjusted to the shock of modern warfare, and the bloody learning curve the Buffs ascended as they shared the British Expeditionary Force's march towards final victory.
Brian Bornstein and Monica Miller
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195328677
- eISBN:
- 9780199869954
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328677.001.0001
- Subject:
- Psychology, Forensic Psychology
The phrase “God in the courtroom” conjures up several images, such as William Jennings Bryan defending religion against the tyranny of evolution, a robed deity passing divine judgment, a witness ...
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The phrase “God in the courtroom” conjures up several images, such as William Jennings Bryan defending religion against the tyranny of evolution, a robed deity passing divine judgment, a witness swearing to tell “the truth, the whole truth, and nothing but the truth, so help me God,” and so on. But there are numerous other, often subtle ways in which religion and law intersect. This book reviews legal developments and behavioral science research concerning the effects of religion on legal practice, decision making processes of various legal actors, and trial outcomes. For example, religious beliefs might influence the decisions of legal decision makers, such as judges and jurors. Attorneys might rely on religion, both in the way they approach their professional practice generally and in specific trial tactics (e.g., using a scriptural rationale in arguing for a particular trial outcome). This book covers these and related topics in exploring how religion affects the actions of all of the major participants at trial: jurors, judges, attorneys, and litigants.Less
The phrase “God in the courtroom” conjures up several images, such as William Jennings Bryan defending religion against the tyranny of evolution, a robed deity passing divine judgment, a witness swearing to tell “the truth, the whole truth, and nothing but the truth, so help me God,” and so on. But there are numerous other, often subtle ways in which religion and law intersect. This book reviews legal developments and behavioral science research concerning the effects of religion on legal practice, decision making processes of various legal actors, and trial outcomes. For example, religious beliefs might influence the decisions of legal decision makers, such as judges and jurors. Attorneys might rely on religion, both in the way they approach their professional practice generally and in specific trial tactics (e.g., using a scriptural rationale in arguing for a particular trial outcome). This book covers these and related topics in exploring how religion affects the actions of all of the major participants at trial: jurors, judges, attorneys, and litigants.
Michael Ostling
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199587902
- eISBN:
- 9780191731228
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199587902.001.0001
- Subject:
- History, European Early Modern History, Social History
Witches are imaginary creatures. But in Poland as in Europe and its colonies in the early modern period, people imagined their neighbours to be witches, with tragic results. This book tells the story ...
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Witches are imaginary creatures. But in Poland as in Europe and its colonies in the early modern period, people imagined their neighbours to be witches, with tragic results. This book tells the story of the imagined Polish witches, showing how ordinary peasant women got caught in webs of suspicion and accusation, finally confessing under torture to the most heinous crimes. Through a close reading of accusations and confessions, the book also shows how witches imagined themselves and their own religious lives. Paradoxically, the tales they tell of infanticide and host desecration reveal to us a culture of deep Catholic piety, while the stories they tell of diabolical sex and the treasure-bringing ghosts of unbaptized babies uncover a complex folklore at the margins of Christian orthodoxy. Caught between the devil and the host, the self‐imagined Polish witches reflect the religion of their place and time, even as they stand accused of subverting and betraying that religion. Through the dark glass of witchcraft the book attempts to explore the religious lives of early modern women and men: their gender attitudes, their Christian faith and folk cosmology, their prayers and spells, their adoration of Christ incarnate in the transubstantiated Eucharist and their relations with goblin-like house demons and ghosts.Less
Witches are imaginary creatures. But in Poland as in Europe and its colonies in the early modern period, people imagined their neighbours to be witches, with tragic results. This book tells the story of the imagined Polish witches, showing how ordinary peasant women got caught in webs of suspicion and accusation, finally confessing under torture to the most heinous crimes. Through a close reading of accusations and confessions, the book also shows how witches imagined themselves and their own religious lives. Paradoxically, the tales they tell of infanticide and host desecration reveal to us a culture of deep Catholic piety, while the stories they tell of diabolical sex and the treasure-bringing ghosts of unbaptized babies uncover a complex folklore at the margins of Christian orthodoxy. Caught between the devil and the host, the self‐imagined Polish witches reflect the religion of their place and time, even as they stand accused of subverting and betraying that religion. Through the dark glass of witchcraft the book attempts to explore the religious lives of early modern women and men: their gender attitudes, their Christian faith and folk cosmology, their prayers and spells, their adoration of Christ incarnate in the transubstantiated Eucharist and their relations with goblin-like house demons and ghosts.
Ulinka Rublack
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780198208860
- eISBN:
- 9780191678165
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208860.001.0001
- Subject:
- History, European Early Modern History
This book studies ‘deviant’ women. It presents an account of how women were prosecuted for theft, infanticide, and sexual crimes in early modern Germany, and challenges the assumption that women were ...
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This book studies ‘deviant’ women. It presents an account of how women were prosecuted for theft, infanticide, and sexual crimes in early modern Germany, and challenges the assumption that women were treated more leniently than men. The book uses criminal trials to illuminate the social status and conflicts of women living through the Reformation and Thirty Years War, telling, for the first time, the stories of cutpurses, maidservants' dangerous liaisons, and artisans' troubled marriages. It provides a thought-provoking analysis of labeling and sentencing processes, and of the punishments inflicted on those found guilty. Above all, the author engages with the way ‘ordinary’ women experienced authority and sexuality, household and community.Less
This book studies ‘deviant’ women. It presents an account of how women were prosecuted for theft, infanticide, and sexual crimes in early modern Germany, and challenges the assumption that women were treated more leniently than men. The book uses criminal trials to illuminate the social status and conflicts of women living through the Reformation and Thirty Years War, telling, for the first time, the stories of cutpurses, maidservants' dangerous liaisons, and artisans' troubled marriages. It provides a thought-provoking analysis of labeling and sentencing processes, and of the punishments inflicted on those found guilty. Above all, the author engages with the way ‘ordinary’ women experienced authority and sexuality, household and community.
Linxia Liang
- Published in print:
- 2007
- Published Online:
- January 2012
- ISBN:
- 9780197263990
- eISBN:
- 9780191734373
- Item type:
- book
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197263990.001.0001
- Subject:
- History, World Modern History
Traditional Chinese law, including Qing law, was often criticized as being inapplicable in civil trials, and it was often believed that the magistrate's court preferred mediation rather than ...
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Traditional Chinese law, including Qing law, was often criticized as being inapplicable in civil trials, and it was often believed that the magistrate's court preferred mediation rather than decision-making. This volume challenges these views. With a detailed analysis of the Qing law codes and of 100 nineteenth-century case records from Baodi county, the volume examines much-debated issues such as the approach of Qing law to civil and criminal matters, punishment and mediation in civil trials, Confucius' preference for education and the idea of anti-litigation. This book brings a lawyer's perspective to some of the most debated issues in Chinese legal history.Less
Traditional Chinese law, including Qing law, was often criticized as being inapplicable in civil trials, and it was often believed that the magistrate's court preferred mediation rather than decision-making. This volume challenges these views. With a detailed analysis of the Qing law codes and of 100 nineteenth-century case records from Baodi county, the volume examines much-debated issues such as the approach of Qing law to civil and criminal matters, punishment and mediation in civil trials, Confucius' preference for education and the idea of anti-litigation. This book brings a lawyer's perspective to some of the most debated issues in Chinese legal history.
H. L. Ho
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199228300
- eISBN:
- 9780191711336
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228300.001.0001
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
The dominant approach to evaluating the law of evidence takes the standpoint of a detached observer and focuses on how the trial system should be structured to guard against the production of wrong ...
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The dominant approach to evaluating the law of evidence takes the standpoint of a detached observer and focuses on how the trial system should be structured to guard against the production of wrong verdicts. This book offers a different account from the perspective of the person responsible for making findings of fact. From that angle, complex and intertwining ethical and epistemic considerations come into view. After setting the stage with an introduction to general aspects of fact-finding and an analysis of the epistemology of trial deliberation, the two approaches are applied to three core areas of evidence law: the standards of proof, the rules on hearsay, and ‘similar facts’ (or, as it is also called, ‘previous misconduct’ or ‘other crimes, wrongs, or acts’). The author argues that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints on, but as values which are internal to legal fact-finding. A party does not merely have a right to have the substantive law correctly applied to true findings of fact; she has, more broadly, a right to a just verdict, where justice incorporates an ethical evaluation of the reasoning process which led to the verdict and is conceived as a relational concept that stresses the virtue of emphatic care. There is an important sense in which the court must not only find the truth to do justice, it must do justice in finding the truth.Less
The dominant approach to evaluating the law of evidence takes the standpoint of a detached observer and focuses on how the trial system should be structured to guard against the production of wrong verdicts. This book offers a different account from the perspective of the person responsible for making findings of fact. From that angle, complex and intertwining ethical and epistemic considerations come into view. After setting the stage with an introduction to general aspects of fact-finding and an analysis of the epistemology of trial deliberation, the two approaches are applied to three core areas of evidence law: the standards of proof, the rules on hearsay, and ‘similar facts’ (or, as it is also called, ‘previous misconduct’ or ‘other crimes, wrongs, or acts’). The author argues that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints on, but as values which are internal to legal fact-finding. A party does not merely have a right to have the substantive law correctly applied to true findings of fact; she has, more broadly, a right to a just verdict, where justice incorporates an ethical evaluation of the reasoning process which led to the verdict and is conceived as a relational concept that stresses the virtue of emphatic care. There is an important sense in which the court must not only find the truth to do justice, it must do justice in finding the truth.
Penney Lewis
- Published in print:
- 2006
- Published Online:
- January 2009
- ISBN:
- 9780199282289
- eISBN:
- 9780191705441
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282289.001.0001
- Subject:
- Law, Criminal Law and Criminology
That childhood sexual abuse (CSA) is one of society's most pressing concerns is not in doubt. Not only is serious harm, both mental and physical, frequently caused to the victim, but families and ...
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That childhood sexual abuse (CSA) is one of society's most pressing concerns is not in doubt. Not only is serious harm, both mental and physical, frequently caused to the victim, but families and society also suffer. Prevalence studies suggest that the majority of cases either never come to light or are only disclosed years after the event. There are a wide variety of psychological explanations for delayed reporting. Recent years have seen a growing number of criminal prosecutions for sexual offences against children which are alleged to have occurred many years before the prosecution takes place. Both the prosecution and defence may be disadvantaged by delay. The book examines the problems associated with criminal prosecutions commenced many years after the abusive incidents were alleged to have occurred; the response of the criminal justice system in the major common law jurisdictions to such challenging cases both before, during, and after the trial; and how the system should respond in order to ensure that the defendant receives a fair trial, while recognising the reasons why complainants may delay reporting abuse for many years. The book is multi-jurisdictional in scope, focussing on those common law jurisdictions which have experienced a large number of such prosecutions: England and Wales, Ireland, Canada, Australia, New Zealand, and the United States.Less
That childhood sexual abuse (CSA) is one of society's most pressing concerns is not in doubt. Not only is serious harm, both mental and physical, frequently caused to the victim, but families and society also suffer. Prevalence studies suggest that the majority of cases either never come to light or are only disclosed years after the event. There are a wide variety of psychological explanations for delayed reporting. Recent years have seen a growing number of criminal prosecutions for sexual offences against children which are alleged to have occurred many years before the prosecution takes place. Both the prosecution and defence may be disadvantaged by delay. The book examines the problems associated with criminal prosecutions commenced many years after the abusive incidents were alleged to have occurred; the response of the criminal justice system in the major common law jurisdictions to such challenging cases both before, during, and after the trial; and how the system should respond in order to ensure that the defendant receives a fair trial, while recognising the reasons why complainants may delay reporting abuse for many years. The book is multi-jurisdictional in scope, focussing on those common law jurisdictions which have experienced a large number of such prosecutions: England and Wales, Ireland, Canada, Australia, New Zealand, and the United States.
Alexandra Barahona De Brito, Carmen Gonzalez Enriquez, and Paloma Aguilar (eds)
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240906
- eISBN:
- 9780191598869
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240906.001.0001
- Subject:
- Political Science, Democratization
The book explores how new democracies face an authoritarian past and past human rights violations, and the way in which policies of truth and justice shape the process of democratization. Eighteen ...
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The book explores how new democracies face an authoritarian past and past human rights violations, and the way in which policies of truth and justice shape the process of democratization. Eighteen countries in Central and South America, Central, Eastern and South Europe and South Africa are analysed in detail. The main variables affecting the implementation of truth and justice policies (purges, truth commissions and trials, among other policies) are: the balance between old and new regime forces; the availability of institutional, human and financial resources, the nature of the ideological preferences and commitments of the elites in question; the mobilization of social groups pressing in favour of these policies; and the importance of human rights in the international arena. The duration and degree of institutionalization of dictatorship is also important. A prolonged dictatorship makes it harder for a new democracy to implement truth and justice policies, particularly when repression occurred in the distant past and if repression gained social complicity. The magnitude and methods of repression used against opposition forces in the dictatorship also shape transitional truth and justice: torture, assassination, and disappearances and clandestine repression in general (as in Central and South America, South Africa) require a different response to official institutionalized ‘softer’ repression (as in Portugal, Spain and Eastern Europe). The findings indicate that, with hindsight, there appears to be no direct relation between the implementation of policies of backward-looking truth and justice and the quality of new democracies. Democracy is just as strong and deep in Spain, Hungary and Uruguay, where there was no punishment or truth telling, as it is in Portugal, the Czech Republic or Argentina, which experienced purges and trials. However, such policies are justified not merely on instrumental grounds, but also for ethical reasons, and they symbolize a break with a violent, undemocratic past.Less
The book explores how new democracies face an authoritarian past and past human rights violations, and the way in which policies of truth and justice shape the process of democratization. Eighteen countries in Central and South America, Central, Eastern and South Europe and South Africa are analysed in detail. The main variables affecting the implementation of truth and justice policies (purges, truth commissions and trials, among other policies) are: the balance between old and new regime forces; the availability of institutional, human and financial resources, the nature of the ideological preferences and commitments of the elites in question; the mobilization of social groups pressing in favour of these policies; and the importance of human rights in the international arena. The duration and degree of institutionalization of dictatorship is also important. A prolonged dictatorship makes it harder for a new democracy to implement truth and justice policies, particularly when repression occurred in the distant past and if repression gained social complicity. The magnitude and methods of repression used against opposition forces in the dictatorship also shape transitional truth and justice: torture, assassination, and disappearances and clandestine repression in general (as in Central and South America, South Africa) require a different response to official institutionalized ‘softer’ repression (as in Portugal, Spain and Eastern Europe). The findings indicate that, with hindsight, there appears to be no direct relation between the implementation of policies of backward-looking truth and justice and the quality of new democracies. Democracy is just as strong and deep in Spain, Hungary and Uruguay, where there was no punishment or truth telling, as it is in Portugal, the Czech Republic or Argentina, which experienced purges and trials. However, such policies are justified not merely on instrumental grounds, but also for ethical reasons, and they symbolize a break with a violent, undemocratic past.
J. M. Hinton
- Published in print:
- 1973
- Published Online:
- March 2012
- ISBN:
- 9780198244035
- eISBN:
- 9780191680717
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198244035.003.0002
- Subject:
- Philosophy, Philosophy of Mind, Metaphysics/Epistemology
This chapter discusses an event of which one is the subject. It has three components, three requirements, in the idea of ‘the subject of an event’ here. In the first place, whoever is reported as ...
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This chapter discusses an event of which one is the subject. It has three components, three requirements, in the idea of ‘the subject of an event’ here. In the first place, whoever is reported as having or having had the experience is the grammatical subject of the event-report, or can easily be made the grammatical subject and to some extent the test-subject; it seems that the event must not depart too widely from the old, submerged meaning of an experience as an experiment, test, or trial to which something is subjected. The third requirement is one which the chapter states in an ambiguous and potentially misleading, though not unnatural, form as a preliminary to analysing what it involves: the grammatical subject and test-subject of the event must also be the conscious subject, or there must be the right sort of consciousness or awareness.Less
This chapter discusses an event of which one is the subject. It has three components, three requirements, in the idea of ‘the subject of an event’ here. In the first place, whoever is reported as having or having had the experience is the grammatical subject of the event-report, or can easily be made the grammatical subject and to some extent the test-subject; it seems that the event must not depart too widely from the old, submerged meaning of an experience as an experiment, test, or trial to which something is subjected. The third requirement is one which the chapter states in an ambiguous and potentially misleading, though not unnatural, form as a preliminary to analysing what it involves: the grammatical subject and test-subject of the event must also be the conscious subject, or there must be the right sort of consciousness or awareness.
Henning Grunwald
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199609048
- eISBN:
- 9780191744280
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199609048.001.0001
- Subject:
- History, European Modern History, Political History
What role did the courts play in the demise of Germany's first democracy and Hitler's rise to power? This book challenges the orthodox interpretation of Weimar political justice. It argues that an ...
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What role did the courts play in the demise of Germany's first democracy and Hitler's rise to power? This book challenges the orthodox interpretation of Weimar political justice. It argues that an exclusive focus on reactionary judges and a preoccupation with number-crunching verdicts has obscured precisely that aspect of trials most fascinating to contemporary observers: its drama. Drawing on untapped sources and material previously inaccessible in English, it shows how an innovative group of party lawyers transformed dry legal proceedings into spectacular ideological clashes. Supported by powerful party legal offices (hitherto almost entirely disregarded), they developed a sophisticated repertoire of techniques at the intersection of criminal law, politics, and public relations. Harnessing the emotional appeal of tens of thousands of trials, Communists and (emulating them) National Socialist institutionalized party legal aid in order to build their ideological communities. Defendants turned into martyrs, trials into performances of ideological self-sacrifice, and the courtroom into a ‘revolutionary stage’, as one prominent party lawyer put it. This political justice as ‘revolutionary stage’ powerfully impacted Weimar political culture. This book's argument about the theatricality of justice helps explain Weimar's demise but transcends interwar Germany. Trials were compelling not because they offered instruction about the revolutionary struggle, but because in a sense they were the revolutionary struggle, admittedly for the time being played out in the grit-your-teeth, clench-your-fist mode of the theatrical ‘as if’. The ideological struggle, their message ran, left no room for fairness, no possibility of a ‘neutral platform’: justice was unattainable until the Republic was destroyed.Less
What role did the courts play in the demise of Germany's first democracy and Hitler's rise to power? This book challenges the orthodox interpretation of Weimar political justice. It argues that an exclusive focus on reactionary judges and a preoccupation with number-crunching verdicts has obscured precisely that aspect of trials most fascinating to contemporary observers: its drama. Drawing on untapped sources and material previously inaccessible in English, it shows how an innovative group of party lawyers transformed dry legal proceedings into spectacular ideological clashes. Supported by powerful party legal offices (hitherto almost entirely disregarded), they developed a sophisticated repertoire of techniques at the intersection of criminal law, politics, and public relations. Harnessing the emotional appeal of tens of thousands of trials, Communists and (emulating them) National Socialist institutionalized party legal aid in order to build their ideological communities. Defendants turned into martyrs, trials into performances of ideological self-sacrifice, and the courtroom into a ‘revolutionary stage’, as one prominent party lawyer put it. This political justice as ‘revolutionary stage’ powerfully impacted Weimar political culture. This book's argument about the theatricality of justice helps explain Weimar's demise but transcends interwar Germany. Trials were compelling not because they offered instruction about the revolutionary struggle, but because in a sense they were the revolutionary struggle, admittedly for the time being played out in the grit-your-teeth, clench-your-fist mode of the theatrical ‘as if’. The ideological struggle, their message ran, left no room for fairness, no possibility of a ‘neutral platform’: justice was unattainable until the Republic was destroyed.
Adele Reinhartz
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780195146967
- eISBN:
- 9780199785469
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195146967.003.0011
- Subject:
- Religion, History of Christianity
Despite his relatively small role in the Gospels, Caiaphas is frequently portrayed in film as Jesus' main enemy and the one who bears moral, if not legal responsibility for Jesus condemnation and ...
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Despite his relatively small role in the Gospels, Caiaphas is frequently portrayed in film as Jesus' main enemy and the one who bears moral, if not legal responsibility for Jesus condemnation and death on the cross. It is Caiaphas who presides over Jesus' trial before the Sanhedrin, pronounces him guilty of blasphemy, and delivers him to Pilate. Like the Pharisees, Caiaphas challenges filmmakers to maintain the tension and conflict so essential to the biopic genre, and yet avoid antagonizing viewers who might be sensitive to the ways in which a Jewish leader, even a long dead one, is brought to life on the silver screen.Less
Despite his relatively small role in the Gospels, Caiaphas is frequently portrayed in film as Jesus' main enemy and the one who bears moral, if not legal responsibility for Jesus condemnation and death on the cross. It is Caiaphas who presides over Jesus' trial before the Sanhedrin, pronounces him guilty of blasphemy, and delivers him to Pilate. Like the Pharisees, Caiaphas challenges filmmakers to maintain the tension and conflict so essential to the biopic genre, and yet avoid antagonizing viewers who might be sensitive to the ways in which a Jewish leader, even a long dead one, is brought to life on the silver screen.
Adele Reinhartz
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780195146967
- eISBN:
- 9780199785469
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195146967.003.0012
- Subject:
- Religion, History of Christianity
This chapter looks at the representation of the Roman governor Pilate in the Jesus biopics in comparison with his role in the Gospel accounts. The Gospels portray him as a fair-minded and weak-willed ...
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This chapter looks at the representation of the Roman governor Pilate in the Jesus biopics in comparison with his role in the Gospel accounts. The Gospels portray him as a fair-minded and weak-willed leader, who was easily manipulated by Caiaphas and the Jewish crowds into executing Jesus despite his own belief in Jesus' innocence. This image contrasts rather starkly with the portrait of a ruthless, even vicious man that is to be found in noncanonical sources. In crafting a coherent and dramatic depiction of the events that lead inexorably to Jesus' crucifixion, filmmakers must address this discrepancy and, more specifically, assign responsibility for Jesus' death, either to Pilate, who formally pronounces the death sentence, or to one or more Jewish participants in this tragic affair. In doing so, they must also decide whether to introduce Pilate only in the trial scene, as the Gospels uniformly do, or to bring him into the story at an early point, in order to build a context and momentum for his role in the trial story.Less
This chapter looks at the representation of the Roman governor Pilate in the Jesus biopics in comparison with his role in the Gospel accounts. The Gospels portray him as a fair-minded and weak-willed leader, who was easily manipulated by Caiaphas and the Jewish crowds into executing Jesus despite his own belief in Jesus' innocence. This image contrasts rather starkly with the portrait of a ruthless, even vicious man that is to be found in noncanonical sources. In crafting a coherent and dramatic depiction of the events that lead inexorably to Jesus' crucifixion, filmmakers must address this discrepancy and, more specifically, assign responsibility for Jesus' death, either to Pilate, who formally pronounces the death sentence, or to one or more Jewish participants in this tragic affair. In doing so, they must also decide whether to introduce Pilate only in the trial scene, as the Gospels uniformly do, or to bring him into the story at an early point, in order to build a context and momentum for his role in the trial story.
Alexandra Barahona de Brito, Carmen González‐Enríquez, and Paloma Aguilar
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240906
- eISBN:
- 9780191598869
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240906.003.0001
- Subject:
- Political Science, Democratization
The general aim of this book is to shed light on how countries deal with legacies of repression during a transition from authoritarian or totalitarian rule to democratic rule. Two broad kinds of ...
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The general aim of this book is to shed light on how countries deal with legacies of repression during a transition from authoritarian or totalitarian rule to democratic rule. Two broad kinds of transition are covered: those that occur as a result of the collapse of the old regimes or regime forces, as in Portugal, Argentina, Central and Eastern Europe, Russia and Germany after reunification, where collapse was followed by absorption into another state; and those that are negotiated between an incoming democratic elite and an old regime, as in Spain, the southern cone of Latin America, Central America and South Africa. Because of this range of transitional situations, it is possible to see how varying degrees of political, social and institutional constraints affect the solutions adopted or limit opportunities to deal with the past, and to permit a comparative analysis of the variety of policies adopted, establishing links between one and the other. The book concentrates on the presence (or absence) of three kinds of official or government-sponsored efforts to come to terms with the past: truth commissions, trials and amnesties, and purges; to a lesser extent, it also looks at policies of compensation, restitution or reparation. At the same time, it focuses on unofficial and private initiatives emerging from within society to deal with the past – usually promoted by human rights organizations (HROs), churches, political parties and other civil society organizations; in doing this, the book examines a ‘politics of memory’ whereby societies rework the past in a wider cultural arena, both during the transitions and after official transitional policies have been implemented and even forgotten. The different sections of the Introduction are: Truth and Justice in Periods of Political Change: An Overview; What Can be Done about an Authoritarian Past? Limits and Possibilities of Transition Types and Other Variables; Beyond the Transitional Period: Authoritarian and Long-Term Historical Legacies; Truth, Justice and Democracy; and Memory Making and Democratization.Less
The general aim of this book is to shed light on how countries deal with legacies of repression during a transition from authoritarian or totalitarian rule to democratic rule. Two broad kinds of transition are covered: those that occur as a result of the collapse of the old regimes or regime forces, as in Portugal, Argentina, Central and Eastern Europe, Russia and Germany after reunification, where collapse was followed by absorption into another state; and those that are negotiated between an incoming democratic elite and an old regime, as in Spain, the southern cone of Latin America, Central America and South Africa. Because of this range of transitional situations, it is possible to see how varying degrees of political, social and institutional constraints affect the solutions adopted or limit opportunities to deal with the past, and to permit a comparative analysis of the variety of policies adopted, establishing links between one and the other. The book concentrates on the presence (or absence) of three kinds of official or government-sponsored efforts to come to terms with the past: truth commissions, trials and amnesties, and purges; to a lesser extent, it also looks at policies of compensation, restitution or reparation. At the same time, it focuses on unofficial and private initiatives emerging from within society to deal with the past – usually promoted by human rights organizations (HROs), churches, political parties and other civil society organizations; in doing this, the book examines a ‘politics of memory’ whereby societies rework the past in a wider cultural arena, both during the transitions and after official transitional policies have been implemented and even forgotten. The different sections of the Introduction are: Truth and Justice in Periods of Political Change: An Overview; What Can be Done about an Authoritarian Past? Limits and Possibilities of Transition Types and Other Variables; Beyond the Transitional Period: Authoritarian and Long-Term Historical Legacies; Truth, Justice and Democracy; and Memory Making and Democratization.
Jan‐Werner Müller
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240906
- eISBN:
- 9780191598869
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240906.003.0009
- Subject:
- Political Science, Democratization
The East German case of transitional justice is unique in more ways than one: whereas in other Central and Eastern European countries dictatorships disappeared, in East Germany the country ...
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The East German case of transitional justice is unique in more ways than one: whereas in other Central and Eastern European countries dictatorships disappeared, in East Germany the country disappeared along with the dictatorship; where in other countries economic transition was precarious and often provoked the return of communist parties to power, in united Germany institutional stability and social safety were guaranteed by the fact that East Germany was absorbed into what was then one of Europe’s strongest economies and, arguably, most stable democracies. Thus, the ascendancy of a socialist successor party to national power was effectively impossible; moreover, where other countries felt their way towards an appropriate way of dealing with a difficult past, the West Germans had already been through a more or less successful experience with overcoming the past. After spring 1990, when the German Democratic Republic (DDR) revolutionaries negotiated a ‘transition by transaction’ with the old regime, the evolution towards democracy by ‘incorporation’ into West Germany was never at risk, and consequently old elites could be tried and purged; because of this ‘inner security’ and large financial resources, united Germany could also afford a vast and expensive bureaucracy to investigate the past thoroughly. At the same time, the complete incorporation of East Germany has produced unique problems, and policies to deal with the past were arguably contaminated by what many observers have seen as a sort of ‘colonialism in one country’. Achieving ‘inner unity’ between former East and West Germany was superimposed on the objectives of achieving justice and establishing secure foundations for democracy; thus, while many commentators have deemed the policy of openly dealing with the past a success, they have also claimed that the problem of the double division between East and West and within East Germany has probably been exacerbated by this very policy.Less
The East German case of transitional justice is unique in more ways than one: whereas in other Central and Eastern European countries dictatorships disappeared, in East Germany the country disappeared along with the dictatorship; where in other countries economic transition was precarious and often provoked the return of communist parties to power, in united Germany institutional stability and social safety were guaranteed by the fact that East Germany was absorbed into what was then one of Europe’s strongest economies and, arguably, most stable democracies. Thus, the ascendancy of a socialist successor party to national power was effectively impossible; moreover, where other countries felt their way towards an appropriate way of dealing with a difficult past, the West Germans had already been through a more or less successful experience with overcoming the past. After spring 1990, when the German Democratic Republic (DDR) revolutionaries negotiated a ‘transition by transaction’ with the old regime, the evolution towards democracy by ‘incorporation’ into West Germany was never at risk, and consequently old elites could be tried and purged; because of this ‘inner security’ and large financial resources, united Germany could also afford a vast and expensive bureaucracy to investigate the past thoroughly. At the same time, the complete incorporation of East Germany has produced unique problems, and policies to deal with the past were arguably contaminated by what many observers have seen as a sort of ‘colonialism in one country’. Achieving ‘inner unity’ between former East and West Germany was superimposed on the objectives of achieving justice and establishing secure foundations for democracy; thus, while many commentators have deemed the policy of openly dealing with the past a success, they have also claimed that the problem of the double division between East and West and within East Germany has probably been exacerbated by this very policy.
Markus Ullsperger
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195372731
- eISBN:
- 9780199776283
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372731.003.0010
- Subject:
- Neuroscience, Techniques
This chapter gives an overview of data integration methods for simultaneous EEG-fMRI, in which EEG features are extracted and used to parametrically model the fMRI data. Up to now, variants of ...
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This chapter gives an overview of data integration methods for simultaneous EEG-fMRI, in which EEG features are extracted and used to parametrically model the fMRI data. Up to now, variants of EEG-informed fMRI analysis have been most widely and successfully applied. After a brief discussion of the rationale of this approach, its variants for ongoing and event-related EEG phenomena are explained. Studies applying EEG-informed fMRI are reviewed. The advantage of denoising methods such as independent component analysis allowing single-trial quantifications of the EEG phenomena of interest is discussed. To allow clear interpretations of covariations between electrophysiological and hemodynamic measures, further dependent variables such as behavioral data should be taken into account. The chapter closes with an outlook on future questions and ongoing methodological developments.Less
This chapter gives an overview of data integration methods for simultaneous EEG-fMRI, in which EEG features are extracted and used to parametrically model the fMRI data. Up to now, variants of EEG-informed fMRI analysis have been most widely and successfully applied. After a brief discussion of the rationale of this approach, its variants for ongoing and event-related EEG phenomena are explained. Studies applying EEG-informed fMRI are reviewed. The advantage of denoising methods such as independent component analysis allowing single-trial quantifications of the EEG phenomena of interest is discussed. To allow clear interpretations of covariations between electrophysiological and hemodynamic measures, further dependent variables such as behavioral data should be taken into account. The chapter closes with an outlook on future questions and ongoing methodological developments.
Rex Martin
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198292937
- eISBN:
- 9780191599811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198292937.003.0010
- Subject:
- Political Science, Political Theory
This chapter begins with a brief characterization of punishment under law. The central claim is then made that punishment would be justified in a system of civil rights if (1) it prevents or at least ...
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This chapter begins with a brief characterization of punishment under law. The central claim is then made that punishment would be justified in a system of civil rights if (1) it prevents or at least substantially deters violations of rights while at the same time being necessary to this particular task (either in that no alternative which altogether dispenses with punishment can do the job at all or that none can do it as well). Of course, we realize that punitive sanctions often infringe rights of the violator; accordingly, we must also require (drawing here on the notion of the competitive weight of rights) that (2) the right protected is not outweighed by the right infringed by sanction and that it cannot be substantially better protected by a sanction that infringes a right of roughly the same weight (or, of course, one of even lesser weight). Thus, the important grounds for punitive sanctions in a system of rights are: overall necessity (as in 1 above), compatibility with rights, and relative deterrent effectiveness (as in 2 above).On these same grounds, a policy of not punishing the innocent, of punishing only adjudged violators, would be incorporated in the background institutions,in particular, the trial system, that served to admit people, upon determination of their guilt, into the practice of being punished.Less
This chapter begins with a brief characterization of punishment under law. The central claim is then made that punishment would be justified in a system of civil rights if (1) it prevents or at least substantially deters violations of rights while at the same time being necessary to this particular task (either in that no alternative which altogether dispenses with punishment can do the job at all or that none can do it as well). Of course, we realize that punitive sanctions often infringe rights of the violator; accordingly, we must also require (drawing here on the notion of the competitive weight of rights) that (2) the right protected is not outweighed by the right infringed by sanction and that it cannot be substantially better protected by a sanction that infringes a right of roughly the same weight (or, of course, one of even lesser weight). Thus, the important grounds for punitive sanctions in a system of rights are: overall necessity (as in 1 above), compatibility with rights, and relative deterrent effectiveness (as in 2 above).
On these same grounds, a policy of not punishing the innocent, of punishing only adjudged violators, would be incorporated in the background institutions,in particular, the trial system, that served to admit people, upon determination of their guilt, into the practice of being punished.
Curtis L. Meinert
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199742967
- eISBN:
- 9780199897278
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199742967.003.0018
- Subject:
- Public Health and Epidemiology, Epidemiology, Public Health
A meta-analysis is an analysis using either aggregate results or individual patient data from published trials. It is done to provide a more comprehensive and informative view of results than is ...
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A meta-analysis is an analysis using either aggregate results or individual patient data from published trials. It is done to provide a more comprehensive and informative view of results than is possible with any single trial. A related activity is systematic review. Such reviews, as applied to trials, typically involve efforts to identify all trials relevant to the question of interest, whether published or not, critical appraisals of the trials, and ultimately, a conclusion as to the weight of evidence for or against the treatment. Such reviews may or may not involve formal meta-analyses. Most meta-analyses, in contrast with systematic reviews, are based exclusively on published trials.Less
A meta-analysis is an analysis using either aggregate results or individual patient data from published trials. It is done to provide a more comprehensive and informative view of results than is possible with any single trial. A related activity is systematic review. Such reviews, as applied to trials, typically involve efforts to identify all trials relevant to the question of interest, whether published or not, critical appraisals of the trials, and ultimately, a conclusion as to the weight of evidence for or against the treatment. Such reviews may or may not involve formal meta-analyses. Most meta-analyses, in contrast with systematic reviews, are based exclusively on published trials.
Curtis L. Meinert
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199742967
- eISBN:
- 9780199897278
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199742967.003.0020
- Subject:
- Public Health and Epidemiology, Epidemiology, Public Health
This chapter presents guidelines for persons in search of a clinical trial to enroll in. By and large, one should be shopping for randomized trials because two things are certain: firstly, that there ...
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This chapter presents guidelines for persons in search of a clinical trial to enroll in. By and large, one should be shopping for randomized trials because two things are certain: firstly, that there was a series of trials prior to the one of interest showing the treatment to be reasonably safe, and secondly, that there is an underlying state of clinical equipoise. The first step when shopping for a trial is to go to www.clinicaltrials.gov. The site is a registry of 97,000 + trials (as of October 14, 2010) in different stages, ranging from still-being-planned ones to completed ones, and everything in between. Chances are that some relevant trials will be found and that they are open for enrollment. One can also surf the web for ongoing trials listed on the websites of major drug companies.Less
This chapter presents guidelines for persons in search of a clinical trial to enroll in. By and large, one should be shopping for randomized trials because two things are certain: firstly, that there was a series of trials prior to the one of interest showing the treatment to be reasonably safe, and secondly, that there is an underlying state of clinical equipoise. The first step when shopping for a trial is to go to www.clinicaltrials.gov. The site is a registry of 97,000 + trials (as of October 14, 2010) in different stages, ranging from still-being-planned ones to completed ones, and everything in between. Chances are that some relevant trials will be found and that they are open for enrollment. One can also surf the web for ongoing trials listed on the websites of major drug companies.
Richard L. Lippke
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199641468
- eISBN:
- 9780191732195
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199641468.001.0001
- Subject:
- Law, Criminal Law and Criminology
The Ethics of Plea Bargaining offers a sustained argument for restrained forms of plea bargaining and against the freewheeling kinds of it that predominate in the United States. Rewards ...
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The Ethics of Plea Bargaining offers a sustained argument for restrained forms of plea bargaining and against the freewheeling kinds of it that predominate in the United States. Rewards for admitting guilt are distinguished from penalties for exercising the right to trial. The latter appear in numerous guises and are shown to be indefensible. Modest and fixed sentence reductions for defendants who admit their guilt are urged. Deliberate overcharging by prosecutors and charge bargaining, it is argued, should be discouraged. Claims that large and variable charge and sentence reductions are needed to expand deserved punishment, reward remorseful offenders, encourage cooperation from defendants in implicating others suspected of crimes, enhance the deterrent profile of the criminal justice system, or salvage convictions when the evidence against accused individuals is weak are all shown to lack credibility. The contention that such reductions in punishment are justified because they are freely agreed by state officials and criminal defendants is likewise shown to be unconvincing, given the ways in and extent to which criminal justice practices ought to be structured by desert or crime reduction norms. Forms of overcriminalization are noted throughout the book and shown to complicate the analysis of plea bargaining practices.Less
The Ethics of Plea Bargaining offers a sustained argument for restrained forms of plea bargaining and against the freewheeling kinds of it that predominate in the United States. Rewards for admitting guilt are distinguished from penalties for exercising the right to trial. The latter appear in numerous guises and are shown to be indefensible. Modest and fixed sentence reductions for defendants who admit their guilt are urged. Deliberate overcharging by prosecutors and charge bargaining, it is argued, should be discouraged. Claims that large and variable charge and sentence reductions are needed to expand deserved punishment, reward remorseful offenders, encourage cooperation from defendants in implicating others suspected of crimes, enhance the deterrent profile of the criminal justice system, or salvage convictions when the evidence against accused individuals is weak are all shown to lack credibility. The contention that such reductions in punishment are justified because they are freely agreed by state officials and criminal defendants is likewise shown to be unconvincing, given the ways in and extent to which criminal justice practices ought to be structured by desert or crime reduction norms. Forms of overcriminalization are noted throughout the book and shown to complicate the analysis of plea bargaining practices.
