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Abstract This article answers the following question: why were institutions of freedom not invented in the Orient but in occident?
It upholds that Christianity predisposed the West to discover institutions of freedom when Islam didn’t. In the first section
it explains the decline and economic rise of the Orient and Occident as derived from Kant’s hypothesis (2.1) and geographical conditions (2.2). It explains in the second section the invention of institutions of freedom in Europe by two moral innovations: the secularising
of law and the invention of the individual (3). The secularising of law was the result of Christian property theology which recognised man’s place in God’s creation (3.1). Secularising of politics and the Christians’ desire for autonomy vis-à-vis political authorities originated in individual rights being conceived as normal and incited man to insist upon respect from
public authorities. The advent of individual rights was at the origin of the implementation of a secular constitutional right
applying to all men, even the sovereign (3.2). The third section explains why political and social Islam did not predispose Muslims to discover the institutions of freedom,
capitalism. Islamic law distanced the Orient from capitalism as it developed a religion of community salvation hostile to
individualism and its rights (4.1); it never disassociated the rule of God from the rule of law (4.2) and it did not consider individual rights sacred or private property (4.3). The article concludes with the way in which economic theory could conceive of the religion variable in economic growth
and development (5).
- Content Type Journal Article
- DOI 10.1007/s10657-009-9113-y
- Authors
- Francois Facchini, University of Reims Reims France
Abstract Legal socialization theory predicts that attitudes mediate the relation between legal reasoning and rule-violating behavior
[Cohn, E. S., & White, S. O. ( 1990). Legal Socialization: A Study of Norms and Rules. New York: Springer-Verlag]. Moral development theory predicts that moral reasoning predicts rule-violating behavior directly
as well as indirectly [Blasi, A. ( 1980). Bridging moral cognition and moral action: A critical review of the literature. Psychological Bulletin, 88, 1–45]. We present and test an integrated model of rule-violating behavior drawing on both theories in a longitudinal study
of middle school and high school students. Students completed questionnaires three times during the course of 1 year at 6-month
intervals. Legal and moral reasoning, legal attitudes, and rule-violating behavior were measured at times one, two, and three
respectively. Structural equation models revealed that while moral and legal reasoning were directly and indirectly related
to rule-violating behavior among high school students, legal reasoning bore no direct relation to rule-violating behavior
among middle school students. The implications for an integrated model of reasoning and rule-violating behavior are discussed.
- Content Type Journal Article
- Category Original Article
- DOI 10.1007/s10979-009-9185-9
- Authors
- Ellen S. Cohn, University of New Hampshire Psychology Department Conant Hall, 10 Library Way Durham NH USA
- Donald Bucolo, University of New Hampshire Psychology Department Conant Hall, 10 Library Way Durham NH USA
- Cesar J. Rebellon, University of New Hampshire Sociology Department Horton Social Science Center, 20 Academic Way Durham NH USA
- Karen Van Gundy, University of New Hampshire Sociology Department Horton Social Science Center, 20 Academic Way Durham NH USA
Response to:
W. David Ball, Heinous, Atrocious, and Cruel: Apprendi,
Indeterminate [...]
Abstract This paper analyzes gangs in Nigeria, providing an updated examination of their current strategies and activities. The premise
of this analysis partly draws on Social Identity Theory, with respect to gang affiliation. Particularly explored are (1) gang
cultism as a common phenomenon on college campuses in Nigeria (through their malicious, secret, fraternity-like activities)
and (2) the role of Islam in Nigerian gangs. The case study of the ‘Yan Daba, urban gangs particularly found in the northern
part of Nigeria, is used to illustrate the authors’ arguments. A brief comparison of Nigerian Muslim gangs with European Muslim
gangs is also provided.
- Content Type Journal Article
- DOI 10.1007/s10611-009-9208-y
- Authors
- Jonathan Matusitz, University of Central Florida 4000 Central Florida Blvd. Orlando FL 32816 USA
- Michael Repass, University of Central Florida 4000 Central Florida Blvd. Orlando FL 32816 USA
Abstract Two elderly sisters who lived together complained of discrimination on the ground that, when one of them died, the other would
face a heavy inheritance tax bill, unlike the survivor of a marriage or civil partnership who enjoys a “spousal exemption”
under the Inheritance Tax Act 1984. They lost in both the lower chamber of the European Court of Human Rights and on appeal
to the Grand Chamber. At first instance, discrimination was found but held to be proportionate and justifiable; in the Grand
Chamber, no discrimination was found, as siblings and spouses/civil partners were held not to be in an analogous situation.
As an attempt to avoid a tax borne only by the comparatively wealthy, this case might not naturally engage feminist sympathies.
But it demonstrates how unworthy claims can produce positive results by drawing attention to society’s dismissive treatment
of old people and calling into question the legal and economic privileges enjoyed by legally-bound couples at the expense
of everyone else.
- Content Type Journal Article
- DOI 10.1007/s10691-009-9121-x
- Authors
- Rosemary Auchmuty, University of Reading School of Law Reading RG6 7BA UK
Abstract The existence of ‘postnatal’ or maternal depression (PND) is contested, and subject to various medico-legal and cultural definitions.
Mothers remain subject to complex systems of scrutiny and regulation. In medico-legal discourse, postnatal distress is portrayed
as a tragic pathology of mysterious (but probably hormonal) origin. A PND diagnosis denotes ‘imbalance’ in the immediate postnatal
period, although women experience increased incidence of depression throughout maternity. Current treatment patterns emphasise
medication and tend to elide the perspective of the individual sufferer in favour of a blanket disease model. I emphasise
the need for a feminist reassessment of maternal distress and the means available to ‘testify’ to its forms, and argue for
PND to be analysed in biopolitical terms, perhaps as a ‘habitus’ materialising the low status and pervasive privatisation
of Western mothers.
- Content Type Journal Article
- DOI 10.1007/s10691-009-9126-5
- Authors
- Ruth Cain, School of Law, Keele University, Staffordshire, ST5 5BG UK
Abstract In the late nineteenth century, economic analysis of law experienced an outright rejection by the German-speaking legal community.
In the second half of the twentieth century, it became a dominant approach in American legal inquiry. We argue that this success
was partly due to the insights of Austrian economics which the second wave of law and economics has incorporated. We argue
that Austrian legal and economic scholars marked the two cornerstones between which the subsequent discussion oscillated:
social planning versus evolution (spontaneous order).
- Content Type Journal Article
- DOI 10.1007/s10657-009-9110-1
- Authors
- Michael Litschka, Competence Center for Human Capital Research Kierlingerstr. 87 3400 Klosterneuburg Austria
- Kristoffel Grechenig, University of St. Gallen Department of Law Bodanstr. 4 9000 St. Gallen Switzerland
Abstract This note examines the decision of the Court of Appeal in Tabernacle v Secretary of State for Defence (2009). The court held that byelaws prohibiting camping on Ministry of Defence land adjacent to the Atomic Weapons Establishment
at Aldermaston, Berkshire violated the human rights of women peace protestors under Articles 10 and 11 European Convention
on Human Rights. The note argues that this decision calls into question arguments recently made, that the association of women
with peace should be abandoned. It also reveals the potential of law to facilitate the performative and transformative production
of subject positions, as ‘woman’, which do not depend on or connect with debilitating patriarchal constructions of women as
weak or vulnerable.
- Content Type Journal Article
- DOI 10.1007/s10691-009-9122-9
- Authors
- Ralph Sandland, University of Nottingham School of Law Nottingham NG7 2RD UK
Abstract To examine the prevalence of criminal thinking in mentally disordered offenders, incarcerated male ( n = 265) and female ( n = 149) offenders completed measures of psychiatric functioning and criminal thinking. Results indicated 92% of the participants
were diagnosed with a serious mental illness, and mentally disordered offenders produced criminal thinking scores on the Psychological
Inventory of Criminal Thinking Styles (PICTS) and Criminal Sentiments Scale-Modified (CSS-M) similar to that of non-mentally
ill offenders. Collectively, results indicated the clinical presentation of mentally disordered offenders is similar to that
of psychiatric patients and criminals. Implications are discussed with specific focus on the need for mental health professionals to treat co-occurring
issues of mental illness and criminality in correctional mental health treatment programs.
- Content Type Journal Article
- Category Original Article
- DOI 10.1007/s10979-009-9182-z
- Authors
- Robert D. Morgan, Texas Tech University Lubbock USA
- William H. Fisher, University of Massachusetts Medical School Worcester USA
- Naihua Duan, Columbia University New York USA
- Jon T. Mandracchia, Texas Tech University Lubbock USA
- Danielle Murray, Texas Tech University Lubbock USA
Jennifer Temkin and Barbara Krahé, Sexual Assault and the Justice Gap: A Question of Attitude
- Content Type Journal Article
- DOI 10.1007/s10691-009-9124-7
- Authors
- Georgina Firth, Lancaster University Law School Lancaster LA1 4YN UK
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