James M Donovan
Datos Biográficos
| ID | 107832 |
|---|---|
| NOMBRE | James M Donovan |
| NOMBRES | James M |
| APELLIDO | Donovan |
| FIRMA | DONOVAN J M |
| AFILIACIONES | Pennsylvania State University |
| ORCID | 0000-0003-4336-0658 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 20 |
| TOTAL DE CITAS | 32 |
| TOTAL COMO AUTOR | 20 |
| TOTAL COMO EDITOR | 0 |
| PRIMER AÑO DE PUBLICACIÓN | 1975 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2023 |
| ÍNDICE H | 3 |
Reading legal ethnographies to re-map legal pluralism
This article explores several ethnographies (both academic and para-academic) of Afghanistan’s traditional justice (jirgas and shuras) in order to illuminate contrasts of their conceptual approaches at different periods of the country’s history. In this genealogy we identify ethnographic observations of the levels at which various sociolegal authorities operate and which often elude standard international ontology. The article takes the legal eth…
Combatting Bias in the Criminal Courts of France, 1870s-1913
In nineteenth-century France, liberals assumed that a conservative judiciary was frequently biased in favour of the prosecution, and socialists assumed that juries were dominated by the upper classes and too unrepresentative of the population to render justice equitably. Agitation by the left to combat these perceived biases led to the adoption of two key reforms of the fin de siècle. One was the abolition in 1881 of the résumé, or summing-up of …
Culture and the Courts in France
At the beginning of the twentieth century, Vital Mareille—a champion of the plaidoirie sentimentale —tried to explain the reasons for its rise in France and its continued popularity into his own era. He defined it in the following terms: “The plaidoirie [defense summation] sentimentale is, precisely, that which seeks to move; one can say: that which comes from the heart of the attorney, to address that of the judges.” The plaidoirie sentimentale …
Adultery and the decline of the sexual double standard in Marseille, 1825–84
Although the double standard is centuries old, in France it changed over time. The Napoleonic Penal Code prescribed much harsher penalties for wives convicted of adultery than for husbands found guilty of the same crime. Nonetheless, by the late nineteenth century a growing number of wives separated from abusive husbands and in some cases took up with lovers. An analysis of the verdicts in the important Correctional Court of Marseille shows that …
Public Opinion and the French Capital Punishment Debate of 1908
Academics have traditionally associated capital punishment most closely with authoritarian regimes. They have assumed an incompatibility between the death penalty and the presumably humane values of modern liberal democracy. However, recent scholarship on the United States by David Garland has suggested that a considerable degree of direct democratic control over a justice system actually tends to favor the retention and application of the death …
The Discipline of Law Schools
Anthropology & Law
The relationship between Law and Anthropology can be considered as having been particularly intimate. In this book the authors defend their assertion that the two fields co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology, for example, offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts s…
Implicit Religion and the Curvilinear Relationship between Religion and Death Anxiety
.
A Brazilian Challenge to Lewis's Explanation of Cult Mediumship
Recruitment into peripheral possession trance cults has been explained as attempts to compensate for socio-economic deprivation and jural impotence. This model, best developed by I. M. Lewis, is reviewed and its predictions are tested against two types of Brazilian data. Firstly, national census gures of religious af liation are compared with measures of socio-economic stress for a diachronic analysis. A second, synchronic analysis involves 62 re…
Magistrates and Juries in France, 1791-1952
When the men of the Revolution introduced trial by jury in France in 1791, they saw it as an expression of the sovereignty of the people. It was based on the assumption that citizen-judges, guided by their common sense, were competent to administer justice. Yet by the middle of the twentieth century, the jury systemonce seen as essential to the protection of the people's liberty-had been nearly destroyed in France. Justice was now administered al…
An Theme
Psychic unity constraints upon successful intercultural communication
Validation of a Portuguese Form of Templer's Death Anxiety Scale
To translate Templer's Death Anxiety Scale into the Brazilian Portuguese Escala de Ansiedade de Morte, linguistic validity was first established by back-translation and calculating bilingual split-half reliability coefficients. Even-numbered items achieved a minimally adequate .59, while the odd-numbered items attained a satisfactory .91. The internal consistency of the Escala (.77) matches that found for the original scale. The construct validit…
Homosexual, Gay, and Lesbian
The lack of both specificity and consensus about definitions for homosexual, homosexuality, gay, and lesbian are first shown to confound comparative research and cumulative understanding because criteria for inclusion within the subject populations are often not consistent. The Description section examines sociolinguistic variables which determine patterns of preferred choice of terminology, and considers how these might impact gay and lesbian st…
Infanticide and the Juries in France, 1825-1913
Through the use of court statistics published by the Ministry of Justice and the observations of contemporaries this study examines the changing behavior of French juries toward persons accused of infanticide in the era from 1825 to 1913. From the beginning of this period the juries were lenient toward mothers accused of infanticide, most of whom were poor, unwed rural women whose seducers the jurymen often appear to have felt unjustly escaped fr…
On the Nature of Belief
Gender, sexual orientation, and truth‐of‐consensus in studies of physical attractiveness
Truth‐of‐consensus methodology presently holds that sex differences in perceptions of physical attractiveness are negligible and may be routinely ignored during prescaling. No determination has been made in the literature of the effects of sexual orientation on this perceptual process. The data presented herein suggest that while sex and sexual orientation of judge are largely irrelevant to prescaling of female stimuli, these variables are import…
The Uprooting Theory of Crime and the Corsicans of Marseille, 1825-1880
Since at least the nineteenth century, many social commentators in both America and Europe have emphasized the presumably criminogenic effects of the migration of rural people into the cities.' According to this point of view, which was first developed into a sophisticated sociological theory by the late nineteenth-century French criminologists Henri Joly and Emile Durkheim, the uprooted turned to crime because in the great cities they had escape…
The development of a mental health entry service
Identity status and interpersonal style
Identity status and interpersonal style
Magistrates and Juries in France, 1791-1952
When the men of the Revolution introduced trial by jury in France in 1791, they saw it as an expression of the sovereignty of the people. It was based on the assumption that citizen-judges, guided by their common sense, were competent to administer justice. Yet by the middle of the twentieth century, the jury systemonce seen as essential to the protection of the people's liberty-had been nearly destroyed in France. Justice was now administered al…
Homosexual, Gay, and Lesbian
The lack of both specificity and consensus about definitions for homosexual, homosexuality, gay, and lesbian are first shown to confound comparative research and cumulative understanding because criteria for inclusion within the subject populations are often not consistent. The Description section examines sociolinguistic variables which determine patterns of preferred choice of terminology, and considers how these might impact gay and lesbian st…
A Brazilian Challenge to Lewis's Explanation of Cult Mediumship
Recruitment into peripheral possession trance cults has been explained as attempts to compensate for socio-economic deprivation and jural impotence. This model, best developed by I. M. Lewis, is reviewed and its predictions are tested against two types of Brazilian data. Firstly, national census gures of religious af liation are compared with measures of socio-economic stress for a diachronic analysis. A second, synchronic analysis involves 62 re…
Infanticide and the Juries in France, 1825-1913
Through the use of court statistics published by the Ministry of Justice and the observations of contemporaries this study examines the changing behavior of French juries toward persons accused of infanticide in the era from 1825 to 1913. From the beginning of this period the juries were lenient toward mothers accused of infanticide, most of whom were poor, unwed rural women whose seducers the jurymen often appear to have felt unjustly escaped fr…
Public Opinion and the French Capital Punishment Debate of 1908
Academics have traditionally associated capital punishment most closely with authoritarian regimes. They have assumed an incompatibility between the death penalty and the presumably humane values of modern liberal democracy. However, recent scholarship on the United States by David Garland has suggested that a considerable degree of direct democratic control over a justice system actually tends to favor the retention and application of the death …
Psychic unity constraints upon successful intercultural communication
Gender, sexual orientation, and truth‐of‐consensus in studies of physical attractiveness
Truth‐of‐consensus methodology presently holds that sex differences in perceptions of physical attractiveness are negligible and may be routinely ignored during prescaling. No determination has been made in the literature of the effects of sexual orientation on this perceptual process. The data presented herein suggest that while sex and sexual orientation of judge are largely irrelevant to prescaling of female stimuli, these variables are import…
The development of a mental health entry service
Identity status and interpersonal style
The Uprooting Theory of Crime and the Corsicans of Marseille, 1825-1880
Since at least the nineteenth century, many social commentators in both America and Europe have emphasized the presumably criminogenic effects of the migration of rural people into the cities.' According to this point of view, which was first developed into a sophisticated sociological theory by the late nineteenth-century French criminologists Henri Joly and Emile Durkheim, the uprooted turned to crime because in the great cities they had escape…
Gender, sexual orientation, and truth‐of‐consensus in studies of physical attractiveness
Truth‐of‐consensus methodology presently holds that sex differences in perceptions of physical attractiveness are negligible and may be routinely ignored during prescaling. No determination has been made in the literature of the effects of sexual orientation on this perceptual process. The data presented herein suggest that while sex and sexual orientation of judge are largely irrelevant to prescaling of female stimuli, these variables are import…
Infanticide and the Juries in France, 1825-1913
Through the use of court statistics published by the Ministry of Justice and the observations of contemporaries this study examines the changing behavior of French juries toward persons accused of infanticide in the era from 1825 to 1913. From the beginning of this period the juries were lenient toward mothers accused of infanticide, most of whom were poor, unwed rural women whose seducers the jurymen often appear to have felt unjustly escaped fr…
On the Nature of Belief
Validation of a Portuguese Form of Templer's Death Anxiety Scale
To translate Templer's Death Anxiety Scale into the Brazilian Portuguese Escala de Ansiedade de Morte, linguistic validity was first established by back-translation and calculating bilingual split-half reliability coefficients. Even-numbered items achieved a minimally adequate .59, while the odd-numbered items attained a satisfactory .91. The internal consistency of the Escala (.77) matches that found for the original scale. The construct validit…
Homosexual, Gay, and Lesbian
The lack of both specificity and consensus about definitions for homosexual, homosexuality, gay, and lesbian are first shown to confound comparative research and cumulative understanding because criteria for inclusion within the subject populations are often not consistent. The Description section examines sociolinguistic variables which determine patterns of preferred choice of terminology, and considers how these might impact gay and lesbian st…
An Theme
Psychic unity constraints upon successful intercultural communication
Magistrates and Juries in France, 1791-1952
When the men of the Revolution introduced trial by jury in France in 1791, they saw it as an expression of the sovereignty of the people. It was based on the assumption that citizen-judges, guided by their common sense, were competent to administer justice. Yet by the middle of the twentieth century, the jury systemonce seen as essential to the protection of the people's liberty-had been nearly destroyed in France. Justice was now administered al…
A Brazilian Challenge to Lewis's Explanation of Cult Mediumship
Recruitment into peripheral possession trance cults has been explained as attempts to compensate for socio-economic deprivation and jural impotence. This model, best developed by I. M. Lewis, is reviewed and its predictions are tested against two types of Brazilian data. Firstly, national census gures of religious af liation are compared with measures of socio-economic stress for a diachronic analysis. A second, synchronic analysis involves 62 re…
Implicit Religion and the Curvilinear Relationship between Religion and Death Anxiety
.
Anthropology & Law
The relationship between Law and Anthropology can be considered as having been particularly intimate. In this book the authors defend their assertion that the two fields co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology, for example, offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts s…
The Discipline of Law Schools
Public Opinion and the French Capital Punishment Debate of 1908
Academics have traditionally associated capital punishment most closely with authoritarian regimes. They have assumed an incompatibility between the death penalty and the presumably humane values of modern liberal democracy. However, recent scholarship on the United States by David Garland has suggested that a considerable degree of direct democratic control over a justice system actually tends to favor the retention and application of the death …
Adultery and the decline of the sexual double standard in Marseille, 1825–84
Although the double standard is centuries old, in France it changed over time. The Napoleonic Penal Code prescribed much harsher penalties for wives convicted of adultery than for husbands found guilty of the same crime. Nonetheless, by the late nineteenth century a growing number of wives separated from abusive husbands and in some cases took up with lovers. An analysis of the verdicts in the important Correctional Court of Marseille shows that …
Culture and the Courts in France
At the beginning of the twentieth century, Vital Mareille—a champion of the plaidoirie sentimentale —tried to explain the reasons for its rise in France and its continued popularity into his own era. He defined it in the following terms: “The plaidoirie [defense summation] sentimentale is, precisely, that which seeks to move; one can say: that which comes from the heart of the attorney, to address that of the judges.” The plaidoirie sentimentale …
Combatting Bias in the Criminal Courts of France, 1870s-1913
In nineteenth-century France, liberals assumed that a conservative judiciary was frequently biased in favour of the prosecution, and socialists assumed that juries were dominated by the upper classes and too unrepresentative of the population to render justice equitably. Agitation by the left to combat these perceived biases led to the adoption of two key reforms of the fin de siècle. One was the abolition in 1881 of the résumé, or summing-up of …
Reading legal ethnographies to re-map legal pluralism
This article explores several ethnographies (both academic and para-academic) of Afghanistan’s traditional justice (jirgas and shuras) in order to illuminate contrasts of their conceptual approaches at different periods of the country’s history. In this genealogy we identify ethnographic observations of the levels at which various sociolegal authorities operate and which often elude standard international ontology. The article takes the legal eth…
Sociology (12 obras) · Political science (10 obras) · History (8 obras) · Law (8 obras) · Psychology (8 obras) · Social Psychology (6 obras) · Historical Studies and Socio-cultural Analysis (5 obras) · History (5 obras) · Social Psychology (5 obras) · Computer Science (4 obras)