Book•
Limits to Pain
01 Nov 1981-
About: The article was published on 1981-11-01 and is currently open access. It has received 228 citations till now.
Citations
More filters
01 Jan 1991
TL;DR: In this article, the ethics of professional use of pain as a means of changing people with severe disabilities are discussed, and some social conditions necessary to reduce the occurrence of pain are identified.
Abstract: This paper discusses the ethics of professional use of pain as a means of changing people with severe disabilities. It states principles for selecting responses to a person who injures self or others, distingishes the professional application of pain from other occasions of pain, examines the limits of dealing with the ethics of inflicting pain from within the perspectives of professionalism and due process, and identifies some social conditions necessary to reduce the occurrence of pain.
6 citations
Cites background from "Limits to Pain"
...Seek to understand what the person’s violence communicates and what positive intentions it may serve given the context of their life situation....
[...]
...However, see Christie (1982) for a discussion of imprisonment itself as the infliction of pain....
[...]
...Personal knowledge ** See Christie (1977; 1982), French (1985), Sarason (1974 ), and Vanier (1982) for other ways to describe these conditions and other ways to achieve them....
[...]
...** See, for example, Donnellan, et al. (1988) LaVigna & Donnellan (1986), Evans & Meyer (1985) and McGee, et al. (1987) for an array of techniques to deal with very difficult situations....
[...]
TL;DR: In this article, the authors examine the impact of acquittal of homicide defendants on the families of the homicide victim(s), illustrating how the families' trauma was framed and complicated by the criminal justice process.
Abstract: This article examines the impact of acquittal of homicide defendants on the families of the homicide victim(s), illustrating how the families’ trauma was framed and complicated by the criminal justice process. Homicide trials had particularly compounded their trauma because to manage and partially repair the shattered reality wrought by the homicide, the families were compelled to construct moral and causal narratives about the event. Yet, defense counter-narratives conflicted with those of the families, and the acquittal validated those as truth. This fractured the families’ repair work, denied their claims to victimhood, and prolonged their bereavement indefinitely.
6 citations
TL;DR: The authors discusses three representative points of revision of the tradition: the biblical concept of justice, in particular the idea of "tsedeka", whereby emphasis is placed upon the outcome of justice.
Abstract: The judeo‐christian tradition arguably most impacted contemporary Western jurisprudence, leaving mainly a retributive, non‐restorative, stamp. The essay discusses three representative points of revision of the tradition: the biblical concept of justice, in particular the idea of “tsedeka”, whereby emphasis is placed upon the outcome of justice, one of healing and reintegration; the dynamic of scapegoating by which Western criminal justice systems may be seen as “scapegoating mechanisms” for a violence‐prone culture, and the way out of this kind of punitiveness through inclusive forms of justice‐making; and forgiveness, which challenges towards a self‐transcendence without which victims wallow in unhealthy pathologies.
6 citations
TL;DR: Bridging prison and immigration justice is of utmost importance, and an obvious and strategic point of encounter for dialogue among activists and scholars working on these issues is immigration detention as discussed by the authors.
Abstract: Bridging prison and immigration justice is of utmost importance, and an obvious and strategic point of encounter for dialogue among activists and scholars working on these issues is immigration det
6 citations
Cites background from "Limits to Pain"
...…regimes have partly moved away from death penalty and the most violent forms or corporal punishment, the deprivation of liberty through incarceration and financial sanctions are, in criminal law, understood as the infliction of pain or loss (Durkheim 1973; Foucault 1995 [1977]; Christie 1982)....
[...]
01 Jan 1991
TL;DR: The 1980s has been characterised by rapid change: increased unemployment, the unleashing of market forces and a government ideology motivated by the sanctity of individual liberty and responsibility as discussed by the authors.
Abstract: The 1980s has been characterised by rapid change: increased unemployment, the unleashing of market forces and a government ideology motivated by the sanctity of individual liberty and responsibility. Opinions vary on the reasons for this change in government thinking, but it is undoubtedly having an effect on economic, political and cultural life (see King, 1987). By the ‘rolling back’ of the state, individual initiative is no longer stifled. This freedom to choose has as its concomitant theme, increasing individual responsibility in choices of action. However, as commentators have noted, a renewal of laissez-faire in the economic sphere has apparently resulted in an increasing authoritarianism in the social sphere (see Hall and Jacques, 1983; Leys, 1984). Thus, the criminal justice system has not escaped the impact of these changes. Rehabilitation of the criminal is no longer the primary aim it once was. There is now a focus on punishment predicated upon individual responsibility in the undertaking of criminal acts.
6 citations
References
More filters
[...]
1,628 citations
1,057 citations
TL;DR: In this article, a court procedure that restores the participants' rights to their own conflicts is outlined, where the participants have lost their rights to participate in conflict resolution in the past.
Abstract: CONFLICTS are seen as important elements in society. Highly industrialised societies do not have too much internal conflict, they have too little. We have to organise social systems so that conflicts are both nurtured and made visible and also see to it that professionals do not monopolise the handling of them. Victims of crime have in particular lost their rights to participate. A court procedure that restores the participants' rights to their own conflicts is outlined.
1,046 citations
[...]
TL;DR: The authors of as discussed by the authors suggest that a wide range of services which were once produced in the money economy are increasingly provided informally on a self-service basis. But they do not consider the role of the state in the provision of these services.
1,023 citations
970 citations