The Empirical Turn In Family Law

Historically, the legal system justified family law’s rules and policies through morality, common sense, and prevailing cultural norms. In a sharp departure, and consistent with a broader trend across the legal system, empirical evidence increasingly dominates the regulation of families. There is much to celebrate in this empirical turn. Properly used, empirical evidence in family law can help the state act more effectively and efficiently, unmask prejudice, and depoliticize contentious battles. But the empirical turn also presents substantial concerns. Beyond perennial issues of the quality of empirical evidence and the ability of legal actors to use it, there are more fundamental problems: Using empirical evidence focuses attention on the outcomes of legal rules, discouraging a debate about contested and competing values. Reliance on empirical evidence overlays a veneer of neutrality on normative judgments. And uncritically adopting evidence about present conditions without interrogating the role of historical discrimination that continues to disadvantage some families can replicate that discrimination. Given the promise and peril of the empirical turn in family law, this Essay proposes a framework to guide the use of this evidence. The framework preserves space for debating multiple values and advises decisionmakers when to use empirical evidence, with particular attention to the dangers for nondominant families. The framework also recommends strengthening evidentiary gatekeeping and elevating the potential for legal scholarship to serve as a bridge from the broader research base to the courts. With this guidance in place, empirical evidence can take its rightful place as a useful but cabined tool in the legal regulation of families

Social Dangers of European Integration

Integracja europejska jako proces społeczny pozostaje pod wpływem licznych zagrożeń, które w różnym zakresie mogą na nią oddziaływać. Przynajmniej częściowo występują one na płaszczyźnie politycznej - stając się konsekwencją zachodzących procesów ekonomicznych czy psychologicznych. Ewolucja postaw społecznych jednostek może mieć negatywne znaczenie dla europejskich społeczeństw. W niniejszym artykule szczególną uwagę autorzy poświęcają zagrożeniom płynącym z atomizacji, anomii oraz społecznej alienacji. Odniesieniem dla ich oddziaływania jest sfera społeczno-polityczna. Atomizacja może wpływać na poziom uczestnictwa politycznego i doprowadzić do upadku moralnych i społecznych zasad demokracji. Anomia wiąże się z reakcjami adaptacyjnymi, które mogą powodować wycofanie się z istniejących norm i wartości społecznych. Dodatkowo anomia i atomizacja mogą oddziaływać w ramach megatrendów sprawiając, że trudniej adaptować procesy demokratyzacyjne. Mając na uwadze znaczenie aspektu psychologicznego funkcjonowania jednostki w środowisku społecznym, analizie został poddany także problem alienacji społecznej, który w określonych wymiarach może stanowić istotne zagrożenie dla procesów integracji europejskiej.European integration as a social process is endangered by phenomena which can reduce, stop and downgrade this process. They occur, at least partly, out of political intentions. They become a conseąuence of existing processes in the political, industrial and psychosocial spheres. The evolution of social attitudes of an individual can take the wrong direction, and this can result in a negative influence on social systems. In this paper, special attention is placed on a few of them: atomisation, anomie and social alienation, linked to political and social problems. Atomisation can effect political participation and can lead to morał decay of the social rules of democracy. Anomie leads to adaptation reactions, which can cause withdrawal from existing values and social norms. Additionally, stratification of anomie and atomisation in terms of megatrends makes it harder to counteract their results, because the character of these phenomena leads to an indirect relationship with integration. Bearing in mind the importance of psychological functioning of individuals in a changing social environment, the issue of social alienation that at certain levels of intensity can pose a threat to European integration was also analysed

Shared parenting: A 70% solution?

In the context of increased litigation over contact, this article examines the debate around proposals for a presumption of ‘shared parenting’. It concludes that such a presumption would not achieve the aims of its proponents. Its introduction would also be fraught with practical and doctrinal problems

Is boredom inevitable?

The article concerns the question whether boredom is inevitable. If, as Nietzsche claims, even the gods are at the mercy of boredom, does this mean, that boredom is something we should get used to? It is suggested, that the inevitability of boredom has several roots: The relation of the modern society to work and leisure, the existential experience of meaninglessness, modern technology and modern subjectivity. Indeed, the semantics of modern subjectivity, as Luhmann says, were born at the very moment when also the semantics of ennui emerged. The article suggests, that the consumer society not least is a reaction to the problem of boredom that stems from modern subjectivity. However, the consumer society is not able to realise the utopian situation of a world without boredom, because it does not only seek to abolish boredom but it also fuels the concept of modern subjectivity. Nevertheless, before the appearance of consumerism there already have been other tactics to cope with boredom, which also, ultimately, failed.peer-reviewe

Cinematic and aesthetic cartographies of subjective mutation

This article exmaines the use of cinema as a mapping of subjective mutation in the work of Deleuze, Gauttari and Berardi. Drawing on Deleuze's distinciton between the reduction of the art-work to the symptom and the idea of art as symptomatology, the article focuses on Berardi's use of cinematic examples, posing the quesiton in each case of to what extent they function as symptomatologies or mere symptoms of cultural and subjective mutations in examples ranging from Bergman's Persona to Van Sant's Elephant to finish on speculations about Fincher's The Social Network as a cirtical engagement with subjective mutation in the 21st Century

Difficulties encountered when treating coeliac disease : from molecule to miracle cure?

Dietary treatment of coeliac disease should be based on a sound theoretical knowledge of the different immunogenicities of various cereal grains, an appreciation of the limitations of the current Codex Alimentarius recommendations and an understanding of the factors that limit dietary compliance in many patients. The expertise of dieticians, nutritional chemists, gastroenterologists and clinical pharmacists should be made readily available to coeliac patients, to coeliac societies and to coeliac self-help groups. Various enzymatic and pharmacological modalities that may be used to treat coeliac disease in the future are highlighted as potential ways to improve quality of life in these patients in whom the coeliac diet often promotes poor compliance or may lead to significant social alienation.peer-reviewe

Pervasion of what? : techno–human ecologies and their ubiquitous spirits.

Are the robots coming? Is the singularity near? Will we be dominated by technology? The usual response to ethical issues raised by pervasive and ubiquitous technologies assumes a philosophical anthropology centered on existential autonomy and agency, a dualistic ontology separating humans from technology and the natural from the artificial, and a post-monotheistic dualist and creational spirituality. This paper explores an alternative, less modern vision of the 'technological' future based on different assumptions: a 'deep relational' view of human being and self, an ecological view of human–technology relations, and 'ubiquitous' spirituality. Moving beyond an ethics of fear and control, it is argued that technology is part of a lived and active whole that is at the same time human, technological, social, and spiritual. Influenced by ecological and Eastern thinking, it is concluded that an ethics of technology understood as a relational ethics of life asks us to adapt and grow within this multi-faced ecology, which is currently - but not necessarily - pervaded by hyper-individualist modernity and its ego-boosting technologies of the self. This growth is only possible by relating to, and learning from, other cultures and from their specific way of pervading and being pervaded

Adolescent internet abuse. A study on the role of attachment to parents and peers in a large community sample

Adolescents are the main users of new technologies and theirmain purpose of use is social interaction. Although new technologies are useful to teenagers, in addressing their developmental tasks, recent studies have shown that they may be an obstacle in their growth. Research shows that teenagers with Internet addiction experience lower quality in their relationships with parents and more individual difficulties. However, limited research is available on the role played by adolescents' attachment to parents and peers, considering their psychological profiles.We evaluated in a large community sample of adolescents (N= 1105) the Internet use/abuse, the adolescents' attachment to parents and peers, and their psychological profiles. Hierarchical regression analyses were conducted to verify the influence of parental and peer attachment on Internet use/abuse, considering the moderating effect of adolescents' psychopathological risk. Results showed that adolescents' attachment to parents had a significant effect on Internet use. Adolescents' psychopathological risk had a moderating effect on the relationship between attachment to mothers and Internet use. Our study shows that further research is needed, taking into account both individual and family variables