46 resultados para restorartive justice, punishment violence

em University of Queensland eSpace - Australia


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Police call data and court data are used to map the incidence of reported domestic violence in Brisbane. These data are correlated with low family income, unemployment and a measure of multiple disadvantage (an Index of Relative Socio-Economic Disadvantage) for each Statistical Local Area (suburb) in Brisbane. Only the Index of Relative Socio-Economic Disadvantage is a statistically significant predictor of reported domestic violence. The finding of a significantly higher incidence of reported domestic violence among relatively worse-off families is investigated within a social justice context. A measure of multiple relative disadvantage is shown to better reflect the negative impacts of structural inequalities on families in explaining the reported occurrence of domestic violence.

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In Minister for Immigration and Multicultural Affairs v Khawar, the Federal Court upheld a finding setting aside the refusal of the Refugee Review Tribunal (RRT) to grant a protection visa to a Pakistani woman - Tribunal's failure to consider the notion that state tolerance of violence for discriminatory reasons could amount to persecution under the definition of 'refugee' in the Convention Relating to the Status of Refugees.

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The work of Michel Foucault sees modern penal technology its ann expression of power that operates through and is motivated by a dry instrumental reason. This article draws upon Durkheim and Bakhtin to advance a radically alternative approach. It is suggested that such technology is invested with sacred and profane symbolism and is understood via emotionally charged, dramatically compelling narrative frames. Tensions between official and unauthorized discourses can be understood through a center/periphery model of culture. In an extended case study of the guillotine, it is shown dial the apparatus was initially legitimated as an expression of a sacred revolutionary code. Such a discourse was subsequently destabilized by popular medical debates that raised the specter of pain after decapitation. While inconclusive, these new motifs mobilized Gothic and grotesque themes that confronted the rationalist aesthetics of the guillotine. A situation of Bakhtinian hetoroglossia eventuated. Uncertainty, the uncanny and fable entered a discursive field of increasing complexity.

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Victoria Police statistics show that, since the late 1980s, there has been a significant increase in reported rapes in that State. One interpretation of this trend is that there has been an increase in the underlying incidence of sexual violence in the community. An alternative explanation is that rape victims have become more willing to report to the police, in response to factors such as improved provision of support services to sexual assault victims, reforms to substantive and procedural law, and changes in police attitudes and procedures. In order to rest these competing interpretations data were collected and analysed on the characteristics of rapes reported to the Victoria Police in the late 1980s/early 1990s. This analysis showed that: (I) most of the additional offences reported in the early 1990s were allegations of rapes committed by family members, spouses and other intimates; and (2) an increasing number of reports related to offences which had been committed at feast one year prior to a report being made to the police. It is argued that these changing patterns are consistent with a significant increase in the reporting rate for rape. More generally, the research reported in this paper highlights the limitations of reported crime statistics as measures of the level of social violence, and points to the need for crime researchers to develop alternative methodologies for measuring and interpreting trends.

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In the past three decades, special education has been subjected to extensive critique and reform of practices. These critiques have been based on notions of social justice and equity. However, the field has suffered from inadequate attention to assumptions about social justice. Social justice is essentially a contested concept. Rather than representing a unitary and universally shared concept, social justice has variable meanings. Differing views of social justice can be seen to underlie apparent contradictions in continuing practice in response to pressures for reform. Reforms predicated on individual rights have been undermined by deep commitments to meritocratic practices in U.S. schools. Reforms based on more communitarian principles, however, ignore the need for structure and the tendency for communal values to marginalize people with disabilities. Special education reform today requires a different basis in a relational definition of the self, structures to support the qualities of relationships, and a belief in the mutability of social justice.