An exploration of psychological and physical injury schemas in civil cases

Civil plaintiffs often seek compensation for their psychological injuries. Yet little is known about jurors' preconceived notions (or schemas) for a prospective plaintiff's pain and suffering. The present studies examined (a) whether jurors have psychological injury schemas (Studies 1 and 2), (b) whether their existence and development vary by the type of civil case (Studies 1 and 2) or its severity (Study 2), and (c) how psychological injury schemas compare with physical injury schemas on a number of theoretically and legally relevant judgments (e.g., injury severity, availability, and plaintiff credibility; Study 2). Study 1 (N = 233) presented undergraduate mock jurors with 2 negligence incidents (car accident and slip and fall) and 2 intentional tort incidents (sexual assault and kidnapping) and asked them to report the typical incident and injuries that would result from the defendant's conduct. Results supported the sparse existence of psychological injury schemas but found that they were more developed in the kidnapping and sexual assault incidents than in the car accident and slip and fall incidents. Study 2 (N = 288) additionally manipulated incident schema severity (mild vs. severe) while having participants separately report and rate their psychological and physical injury schemas on judgments of legal and theoretical interest. Results indicated that although mock jurors' psychological injury schemas contained fewer injuries than their physical injury schemas, the reported psychological injuries were rated as more severe than physical injuries. We discuss how schemas may underlie the disparate treatment of psychological and physical injuries by legal decision‐makers.     

Predicting Criminal Recidivism Following Drug Court: Implications for Drug Court Practice and Policy Advocacy

This study evaluated a drug court located in Texas. Participants that had a violation within the first 30 days of drug court, and terminated participants were most likely to recidivate. Implications for drug court practice and policy advocacy are discussed.     

Burnout and psychiatric “cases”: Early evidences of an association

This exploratory study extends the phase model of burnout in a critical direction by assessing whether individuals assigned to eight progressive phases will present escalating mental health symptoms. Despite the small convenience population (N = 161), the present affirmative results encourage early replications for three basic reasons. Thus the associations with mental health reported here are consistent with numerous other tests of the concurrent validity of the phase model. Moreover, substantial proportions of the variance are explained here by data supporting the view that the progressive phases are associated with accelerating proportions of “cases,” here defined as respondents to the General Health Questionnaire (GHQ) who report four or more non-psychotic psychiatric symptoms. The GHQ form used here is modified for U.S. contexts. In addition, this basic conclusion is reinforced in three ways: by factor analysis of GHQ items; by rejecting several variables alternative to the phases as GHQ variants; and by using canonical discriminant functions to compare phase assignments with the actual group memberships of “normals” and “cases” assigned by the GHQ.     

The politics of humanitarian intervention: a critical analogy of the British response to end the slave trade and the civil war in Sierra Leone

A leading scholar of humanitarian intervention, Brown (2002) Brown, C. 2002. “Humanitarian intervention and international political theory”. In Human rights and military intervention, Edited by: Mosley, A. and Norman, R. 153–69. Aldershot: Ashgale Publishing.  [Google Scholar] refers to British internal politics to satisfy the influential church and other non-conformist libertarian community leaders, and above all ‘undermining Britain's competitors, such as Spain and Portugal, who were still reliant on slave labour to power their economies, as the principal motivation for calls to end the slave trade than any genuine humanitarian concerns of racial equality or global justice’. Drawing on an empirical exploration, this article seeks to draw a parallel between this politics of humanitarian intervention which characterised the abolition movement, albeit rarely recognised in the academic literature, and the British intervention to end the almost 11 year civil war in Sierra Leone. The article concludes with a discussion on the implications of this politics of humanitarian intervention in the reconstruction of post-conflict Sierra Leone.     

Justice and peaceful cooperation

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule.     

Participatory Policy-Making,Participatory Civil Society: A Key for Dissolving Elite Rule in New Democracies in the Era of Globalization

The author argues that in democracies a strong state and strong civil society are not mutually exclusive. Only a democratic, legitimate, and strong state can provide the environment for civil society activities to flourish; in return, only a strong and a participatory civil society can outline the reach of state strength vis-à-vis the society. The author discusses the need for civil society organizations to collaborate with policy-making institutions, in which they can negotiate policy concerns with ministers and officials while retaining an independent distance from the state and the political parties. Further, the author argues that an environment as such would provide for the transformative capacity of human agency to manifest itself in full in a globalizing world. The author discusses how participatory state and civil society structures will enhance the role of the human agency in order to dissolve elite rule, especially in new democracies.     

Sexual abuse as a theme in group-analytic therapy

The group-analytic approach, which emphasises the individual in a network of group relationships, is described with reference to the subject of sexual abuse in childhood. Three different National Health Service psychotherapy groups run by the author provide contrasting examples of how the theme, originating in an individual participant, was manifested in the dynamics of the group-as-a-whole. The therapeutic significance to the individual and the group is explored.     

Features of a Paradigm Case of Civil Disobedience

The purpose of this paper is not to define civil disobedience, but to identify a paradigm case of civil disobedience and the features exemplified in it. After noting the benefits of this methodological approach, the paper proceeds with an examination of two key, interconnected features: conscientiousness and communication. First, a link is made between the conscientious aspect of civil disobedience and moral consistency; a civil disobedient demonstrates a conscientious commitment to certain values through her willingness to condemn, and to dissociate herself from, governmental decisions that violate those values. A parallel is then drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. Both practices are associated with an aim to demonstrate protest against certain types of conduct and an aim to bring about a change in that conduct. In paradigm situations, a civil disobedient aims to lead policymakers not only to reform existing law, but also to internalise her objections so as to produce a lasting change in the law. Having such aims places some constraints upon the modes of communication that she reasonably may use to achieve these aims. This paper concludes by considering three controversial modes of communication -- coercion, publicity and violence.I wish to thank Adam Cureton, John Gardner, David Garrard, Kinch Hoekstra, Peter Jones, Christoph Ortner and John Tasioulas for their helpful comments on previous drafts of this paper. For one definition of civil disobedience, see John Rawls, A Theory of Justice (Cambridge, Mass: Harvard University Press, 1971), 364. See also Hugo A. Bedau, On Civil Disobedience, Journal of Philosophy, 58/21 (1961), 653--61. For an alternative definition, see Joseph Raz, The Authority of Law: Essays on Law and Morality (Oxford: Clarendon Press, 1979), 263.     

Teaching ethics to scientists and engineers: Moral agents and moral problems

In this paper I outline an “agent-centered” approach to learning ethics. The approach is “agent-centered” in that its central aim is to prepare students toact wisely and responsibly when faced with moral problems. The methods characteristic of this approach are suitable for integrating material on professional and research ethics into technical courses, as well as for free-standing ethics courses. The analogy I draw between ethical problems and design problems clarifies the character of ethical problems as they are experienced by those who must respond to them. It exposes the mistake, common in ethics teaching, of misrepresenting moral problems as multiple-choice problems, especially in the form of ‘dilemmas’, that is, a forced choice between two unacceptable alternatives. Furthermore, I clarify the importance for responsible practice of recognizing any ambiguity in the problem situation. To foster in students the skills they need, teaching examples should preserve the open-ended, multiply-constrained, and ambiguous character of problem situations as experienced by the agent. I give guidelines for constructing open-ended scenarios that present moral problems much as an agent would experience them — guidelines which strongly influenced the construction of ‘cases’ in the latest edition of “On Being a Scientist” — and I discuss how to present historical cases and cases from the instructor’s own experience to best foster agent-centered learning. This paper is a modification of material originally included in the handbook which accompanied the AAAS Seminar “Teaching Ethics in Science and Engineering”, 10–11 February 1993.