Explorations into the Sociology of Criminal Justice and Punishment. Leaving the Modernist Project Behind

Law has been a close partner to sociology from its very beginning, and the partnership often has proven to be extremely prolific for sociology. Grand theories as well as vital conceptual tools can be counted among its offspring. Both disciplines share the common ground of socio-legal studies, which has developed into a nearly independent interdisciplinary enterprise where legal scholars and sociologists happily meander between the normative and the analytical. From the vast array of topics in the field of socio-legal studies I select the sociology of criminal justice and punishment in order to demonstrate the characteristics of this relationship. The partnership between sociology and law emerged as part of the modernization project in the 19th and 20th centuries, and the sociology of punishment was part of this endeavour. Rooted in a strong tradition of old (Durkheim) and new (Elias, Foucault) classics, recent developments in this field are leaving the idea of an `unproblematically modern punishment' (Whitman, 2005a) behind, and new fields of inquiry for comparative lawyers and sociologists are opening up.

"They did not believe me" : Adult survivors' perspectives of child sexual abuse by personnel in Christian Institutions

Executive Summary Child sexual abuse (CSA) in Christian Institutions continues to be of serious concern in public, criminal justice and institutional discourse. This study was conducted in conjunction with Project Kidsafe Foundation and sought the perspectives of Australian survivors of CSA by Personnel in Christian Institutions (PICIs). In total, 81 individual survivors responded to an online survey which asked them a range of questions about their current and childhood life circumstance; the nature, extent and location of abuse; grooming strategies utilised by perpetrators; their experiences of disclosure; and outcomes of official reporting to both criminal justice agencies and also official processes Christian institutions. Survey participants were given the option to further participate in a qualitative interview with the principal researcher. These interviews are not considered within this report. In summary, survey data examined here indicate that: • Instances of abuse included a range of offences from touching outside of clothing to serious penetrative offences. • The onset of abuse occurred at a young age: between 6 and 10 years for most female participants, and 11 and 13 years for male participants. • In the majority of cases the abuse ceased because of actions by survivors, not by adults within families or the Christian institution. • Participants waited significant time before disclosing their abuse, with many waiting 20 years or more. • Where survivors disclosed to family members or PICIs, they were often met with disbelief and unhelpful responses aimed at minimising the harm. • Where an official report was made, it was most often made to police. In these cases 53% resulted in an official investigations. • The primary reasons for reporting were to protect others from the perpetrator and make the Christian institution accountable to an external agency. • Where reports to Christian institutions were made, most survivors were dissatisfied with outcomes, and a smaller majority was extremely dissatisfied. This report reflects the long-held understanding that responding to CSA is a complex and difficult task. If effective and meaningful responses are not made, however, trauma to the survivor is most often compounded and recovery delayed. This report demonstrates the need for further independent analysis and oversight of responses made to CSA by both criminal justice, religious and social institutions. Meaningful change will only be accessible, however, if family, community and institutional environments are safe places for survivors to disclose their experiences of abuse and begin to seek ways of healing. There is much to be learnt from survivors that have already made this journey.

Identity, forgiveness and power in the management of child sexual abuse by personnel in Christian Institutions

The ongoing crises of child sexual abuse by Christian institutions leaders across the Anglophone world continue to attract public attention and public inquiries. The pervasiveness of this issue lends credence to the argument that the prevailing ethos functioning within some Christian Institutions is one which exercises influence to repeatedly mismanage allegations of child sexual abuse by Church leaders. This work draws on semistructured interviews conducted with 15 Personnel in Christian Institutions (PICIs) in Australia who were identified as being pro-active in their approach to addressing child sexual abuse by PICIs. From these data, themes of power and forgiveness are explored through a Foucaultian conceptualising of pastoral power and ‘truth’ construction. Forgiveness is viewed as a discourse which can have the power effect of either silencing or empowering victim/survivors. The study concludes that individual PICIs’ understandings of the role ofpower in their praxis influences outcomes from the deployment of forgiveness.

Capitalising on Bourdieu : how useful is his sociology?

Research questions: How Chinese Australians capitalise on resources (Capital) and negotiate Chineseness (habitus) through learning Chinese as a Heritage Language (CHL practice) in the lived world (field)? Are Chinese Australians’ Chineseness and their CHL learning co-constructed? What does ‘looking Chinese’ mean in Chinese Australians’ CHL learning? How do Chinese Australians learn CHL within the family milieu?

Teaching sociology within teacher education : revisiting, realigning and re-embedding

This paper uses theoretical resources from the sociology of education to consider the teaching of sociology in teacher education programs in Australia. Once a disciplinary ‘pillar’ of teacher education, sociology’s contribution has become less explicit while more integrated, with consequences for disciplinary identity. Here we explore how sociology is taught in teacher education curricula on two fronts. Firstly we outline how sociology is embedded as one of a number of competing perspectives in foundational studies, and its pedagogic consequences. Then we consider the powerful contribution of sociology in literacy studies, amidst public debate about literacy performance. The analysis draws on Bernstein’s (2000) distinction between singular disciplinary curriculum design and practically-oriented regional curriculum design. We seek to trouble the commonsense binary between theory and practice that structures debates around professional education in higher education more broadly, and to dignify service sociology as a valuable, generative site for the discipline’s future.

Cultural content matters: A critical sociology of language and literacy curriculum

A theoretical rationale, policy analysis and research agenda for a critical sociology of language and literacy curriculum, outlining the agenda for a political economy of textbooks.

Philanthropy and sociology : a logical pairing

In philanthropic studies we hear about a growing academic discipline of ‘philanthropic psychology’ but arguably there is an equal role for ‘philanthropic sociology’, both from a research and a teaching perspective. This commentary begins by noting the early links between philanthropy and sociology. It then introduces a few Australian studies that show how sociology is enriching an understanding of philanthropy, its institutions and its place in society.

The culture of the digital : Pinterest and digital sociology

As the boundaries between public and private, human and technology, digital and social, mediated and natural, online and offline become increasingly blurred in modern techno-social hybrid societies, sociology as a discipline needs to adapt and adopt new ways of accounting for these digital cultures. In this paper I use the social networking site Pinterest to demonstrate how people today are shaped by, and in turn shape, the digital tools they are assembled with. Digital sociology is emerging as a sociological subdiscipline that engages with the convergence of the digital and the social. However, there seems to be a focus on developing new methods for studying digital social life, yet a neglect of concrete explorations of its culture. I argue for the need for critical socio-cultural ‘thick description’ to account for the interrelations between humans and technologies in modern digitally mediated cultures.

Thesis Eleven festival and cultural sociology public event : a report

From June 7th to 15th the Thesis Eleven Centre for Cultural Sociology at La Trobe University directed by Peter Beilharz put together a programme of public lectures, cultural events and master classes under the theme ‘Word, Image, Action: Popular Print and Visual Cultures’. This article reports on the highlights of the festival, including a forum titled ‘Does WikiLeaks Matter?, a half-day event ‘On Bauman’, and a public lecture by Ron Jacobs on ‘Media Narratives of Economic Crisis’.

A new life of Hans Christian Andersen : a study of the ‘peculiar nature’ of an author’s life

A review of "Hans Christian Andersen : European Witness" by Paul Binding (Yale UP, 2014). How a writer bears witness to his age is necessarily the expression of many things, not least the possibly quite peculiar nature of an author’s life. Literary works often emerge from complex upbringings, from periods of youthful isolation spent reading and writing. More still seem to have been written as a result of the fraught relationships that befall authors, perhaps because authors so often view their relationships with a degree of creative and critical distance. And yet, if a writer’s output evidences an unusual life, it also witnesses broader questions being asked by a community as a whole. At some level, even the most remarkable figures are typical of their age, and reflections of it. By the close of Paul Binding’s study of the life and works of Hans Christian Andersen (1805–75), we are reminded that extraordinary feats of originality and imagination are often the result of how unique minds enter wider discourses...

Thinking about Law: Perspectives on the History, Philosophy and Sociology of Law

A comprehensive introduction to the study of law. It uses historical, sociological, economic and philosophical perspectives to explore the major legal debates in Australia today. The contributors examine: the position of Aborigines in the Australian legal system and the impact of the Mabo case; divisions of power in Australian society and law; the question of objectivity in law; the relationship and social change; judicial decision-making; and other issues.

Think Sociology

Contents: 1. SOCIOLOGY: An Introduction to the Sociological Imagination. John Carl, Sarah Baker 2. SOCIOLOGICAL THEORY: An Introduction to the Theoretical Foundations of Sociology. John Carl, Sarah Baker 3. SOCIAL CLASS IN AUSTRALIA: Stratification in a Modern Society. John Carl, John Scott 4. RACE AND ETHNIC STRATIFICATION: Is it a Question of Colour? John Carl, John Scott 5. SEX AND GENDER: The Social Side of Sex. John Carl, Wendy Hillman 6. AGE AND AGEING: The Greying of Society. John Carl, Sarah Baker 7. CRIME AND THE LEGAL SYSTEM: How Do Societies Respond to Crime and Deviance? John Carl, John Scott 8. EDUCATION AND EMPLOYMENT: From the Classroom to the Workforce. John Carl, Sarah Baker and Brady Robards 9: MARRIAGE AND FAMILY: How Do Societies Perpetuate Themselves? John Carl, Wendy Hillman 10. THE BODY, HEALTH AND ILLNESS: A Weight on Australia’s Shoulder. John Carl, John Scott 11. GLOBALISATION: The Economy and Society. John Carl, Geoffrey Lawrence 12. CULTURE: A Framework for the Individual. John Carl, Sarah Baker and Brady Robards 13. RELIGION: Is Society Losing Faith? John Carl, Sarah Baker and Brady Robards 14. ENVIRONMENTAL SUSTAINABILITY AND SOCIAL MOVEMENTS: How Do Societies Connect with Nature? John Carl, Geoffrey Lawrence 15. SOCIOLOGICAL RESEARCH: How Do We Learn about Society? John Carl, Wendy Hillman

Masculinity, sexuality, theology and child sexual abuse by personnel in Christian institutions

There growing recognition that a contributor to the repeat crises of child sexual abuse (CSA) by personnel in Christian institutions (PICIs), is the often gendered culture of Christian institutions themselves. This work explores theological discursive constructions of masculinity and sexuality and their implications for addressing CSA by PICIs. The perspectives discussed here are of PICIs who participated in a research project conducted in Australia. From these perspectives male gendered and sexual performance is constructed through discourse as both an explanation and solution to offending behaviour. Similarly, sexuality is viewed as God-given, heteronormative and legitimately expressed only within the bounds of marriage. This work draws on Foucault and feminist discourses as they relate to CSA by PICIs and institutional discourses. This work offers a perspective of PICIs that may not otherwise be heard in the common discourses of CSA in Christian Institutions.

On the symbiosis of law and truth in Christian theology: Reconciling universal and particular through the Pauline law of love

This article argues that the secular liberal and positivist foundations of the modern Western legal system render it violent. In particular, the liberal exclusion of faith and subjectivity in favour of abstract and universal reason in conjunction with its privileging of individual autonomy at the expense of the community leads to alienation of the individual from the community. Similarly, the positivist exclusion of faith and theology from law, with its enforced conformity to the posited law, also results in this violence of alienation. In response, this article proposes a new foundation for law, a natural law based in the truth of Trinitarian theology articulated by John Milbank. In the Trinity, the members exist as a perfect unity in diversity, providing a model for the reconciliation of the legal individual and community: the law of love. Through the law of love as the basic norm, individuals love their neighbours as themselves, reconciling the particular and the universal, and providing a community of peace rather than violence.

Émile Durkheim and Thomas Luckmann: Religion, spirituality and mental health

This chapter examines connections between religion, spirituality and mental health. Religion and spirituality influence the way people conceive themselves, others and the world around them, as well as how they behave – and are strongly associated with numerous mental health outcomes. Religion and spirituality therefore demand the attention of those who seek a comprehensive understanding of the factors that affect mental health. Mental health professionals are increasingly being asked to consider their clients’ religious and/or spiritual beliefs when devising their treatment plans, making the study of religion and spirituality an essential area of learning for those working in the mental health field. Initial discussion in this chapter will focus on the different approaches taken by sociologists in studying mental health. Emile Durkheim, one of the founders of sociology, proposed that religion was fundamental to societal wellbeing and was the first to demonstrate a link between religion and mental health at a population level in the late 19th century. Durkheim’s classic theory of religion, together with the work of Thomas Luckmann and other contemporary social theorists who have sought to explain widespread religious change in Western countries since World War II will be examined. Two key changes during this period are the shift away from mainstream Christian religions and the widespread embracing of ‘spirituality’ as an alternative form of religious expression. In combination, the theories of Durkheim, Luckmann and other sociologists provide a platform from which to consider reasons for variations in rates of mental health problems observed in contemporary Western societies according to people’s religious/spiritual orientation. This analysis demonstrates the relevance of both classic and contemporary sociological theories to issues confronting societies in the present day.