Victim Recantation in Child Sexual Abuse Cases

Summary

This article explores the reasons for victim recantation in child sexual abuse cases, problems that surface with a recantation, and practical steps multidisciplinary professionals can take to prevent the recantation of truthful allegations. Secondly, the article discusses the roles of investigative team members in the investigation and evaluation of a victim's recantation and in the trial which may follow. Finally, the article addresses possible final outcomes of criminal court intervention and the team's role in continued support for the child.     

Power and conflict in cooperative and competitive contexts

Power and conflict are classic research topics in organizational theory and important practical management issues. The goal of this article was to analyse the influence of supervisor power bases and goal interdependence situations over intragroup conflict. The study involved the participation of 401 workers from a range of social service organizations. Hierarchical regression analyses showed that (a) supervisor personal power bases were negatively associated with task and relationship conflict; (b) supervisor position power bases were positively associated with relationship conflict; (c) cooperative environments were negatively associated with task and relationship conflict; and (d) that goal interdependence moderates the negative consequences of the use of position power. The implications for research and managerial practices are discussed.     

Alternative agents for humanitarian intervention

The use of private security companies by national governments is met with widespread skepticism. Less understood is the role these companies can play in international humanitarian interventions in the service of international organizations. I argue here that despite valid concerns about the use of such private entities, we should nonetheless see them as legitimate participants in efforts to secure human rights protection around the globe. In order to assess their legitimacy, we need to ensure, among other things, that they can adhere to ethical standards when serving in humanitarian missions, that they can be held accountable when they fail to uphold the standard of justice enshrined in international law, and that their for-profit status does not have implications detrimental to humanitarian concerns.     

Choosing optimal causal backgrounds for causal discovery

In two experiments, we studied the strategies that people use to discover causal relationships. According to inferential approaches to causal discovery, if people attempt to discover the power of a cause, then they should naturally select the most informative and unambiguous context. For generative causes this would be a context with a low base rate of effects generated by other causes and for preventive causes a context with a high base rate. In the following experiments, we used probabilistic and/or deterministic target causes and contexts. In each experiment, participants observed several contexts in which the effect occurred with different probabilities. After this training, the participants were presented with different target causes whose causal status was unknown. In order to discover the influence of each cause, participants were allowed, on each trial, to choose the context in which the cause would be tested. As expected by inferential theories, the participants preferred to test generative causes in low base rate contexts and preventative causes in high base rate contexts. The participants, however, persisted in choosing the less informative contexts on a substantial minority of trials long after they had discovered the power of the cause. We discuss the matching law from operant conditioning as an alternative explanation of the findings.     

The Concept of Miracle

The concept of miracle has often been regarded as irreconcilable with the concept of natural law. But this contradiction applies only to an understanding of a miracle as a break of natural law. Such a violation would destroy the assertion of natural law, because its universal claim does not permit exceptions. However, the idea of miracle need not be conceived in this way, though it has often been done since medieval times. Augustine thought of miracles simply as unusual events that contradict our accustomed views of the course of nature but not nature itself. According to that definition of miracle, no contradiction of natural laws need be assumed. It is sufficient to regard unusual occurrences as "signs" of God's special activity in creation.     

2002年:中国医疗纠纷处理的重大转折

2002年4月1日开始实施的《最高人民法院关于民事诉讼证据的若干规定》,要求医院对医疗行为与损害的因果关系和不存在医疗过错承担举证责任,一时间,医院对此忿忿不平,百姓对此拍手叫好,4月15日,期待已久的《国务院医疗事故处理条例》缍正式颁布,与1987年颁布的《医疗事故处理办法》相比有了重大改变,中国医疗纠纷的处理在2002年发生了重大转折,对此进行了详细分析,与大多数人的观点不同,认为前者恰恰对医院有利,而后者对医院更为严格。     

Revisiting Westphalia, Discovering Post-westphalia

This article explores the structure of world order fromthe perspective of the Treaty of Westphalia, which is treated asthe benchmark for the emergence of the modern system of sovereignstates. Emphasis is placed on Westphalia as historical event, ideaand ideal, and process of evolution, and also on developments thatsupersede this framing of world politics, especially, globalizationand the megaterrorist challenge of September 11, 2001. At issue is whether the state system is resilient enough to adapt to new globalconditions or is in the process of being supplanted, and whether thesequel to Westphalia is moving toward humane global governance orsome dysutopic variant, or both at once.     

Theorising the Rainbow? The Puzzle of the Public-private Divide

Two influential approaches to conceptualising the relationship between public and private law have suggested that the distinction between them should be abandoned. The first, as exemplified by Oliver, suggests that the distinction should be abandoned in favour of fusion based on the notion of commonality. The second, as exemplified by Teubner, rejects fusion, arguing for the replacement of the distinction with a concept capturing the multi-dimensional complexity of law in multiple social contexts: `polycontexturality'. This article focuses primarily on exploring conceptual puzzles presented by Oliver's `commonality thesis', and argues for a reconceptualisation of the relationship between public and private law as multi-layered. Monolithic and rigidly binary concepts alike should be replaced by a complex set of relationships – a position broadly supportive of Teubner's. However, it is argued that the relationships between public and private law are to be seen as existing on a spectrum, or even on an overarching meta-spectrum, in which the existence of distinctive `archetypal conceptual paradigms' influence as `meta-spectrum extremities'. This presents a limited caveat to Teubner's thesis. I suggest that explicit theoretical attention to both the implications of polycontexturality and the existence of the archetypal conceptual paradigms as meta-spectrum extremities might avoid occluding important distinctions and nuances within a fusion that tends illegitimately to subsume private law within a public law paradigm. Such an analysis, I argue, could enhance the coherence of the law in complex, multi-dimensional cases at the troubled borderline between public and private law. This revised version was published online in August 2006 with corrections to the Cover Date.     

“PERHAPS YOU ONLY KISSED HER?”: A Contrapuntal Reading of the Penalties for Illicit Sex in the Sunni Hadith Literature

The goal of this essay is to illustrate how Ebrahim Moosa's method of “contrapuntal reading” can be applied fruitfully to the Sunni hadith literature. My case study is the set of penalties (hudud) for illicit sex, which include flogging, stoning, and banishment. I propose a fresh reading of these sacred texts that brings to the fore the ethical dimension of Prophet Muhammad's conduct, especially his strong reluctance to apply these measures. I conclude by identifying four ethical problems that the stoning penalty raises and suggest how the hadith literature can be read to argue against the validity of this specific punishment.