Issues and challenges in the application of Husserlian phenomenology to the Lived Experience of Hate Crime and Its Legal Aftermath

The field of hate crime research addresses the presence, sources and impact of particular types of expressions of prejudice, often perceived as particularly damaging and hurtful forms of interpersonal abuse and violence. Little, if any, credible academic research seeks to vindicate the specific racist, gendered and other vicious prejudices articulated by many perpetrators of hate crime. In turn, this raises the reflexive question of the possibilities of researchers themselves ever being able to adopt a truly "unprejudiced" approach to the presence of such damaging prejudices. Can this goal be realised without a researcher necessarily losing an experientially-grounded understanding of what these meanings, values and purposes have come to mean, and how they are themselves interpretatively re-constituted anew, including within the lived experience of victims, witnesses, police, prosecutors, judges and victim support workers? A possible philosophically-informed approach to the dilemmas posed by this topic is offered by Husserl's phenomenology. Husserl's perpetually unfinished philosophical methodology strives, with concerted if sometimes tragic reflective rigor, to "suspend," "bracket out" and "neutralise" those core presuppositions constitutive of the research field that typically pre-judge precisely whatever demands to be questioned and explored in a radically non-prejudicial manner. This study critically explores the possibilities, reflective stages and theoretical limitations of a sympathetically reconstructed Husserlian approach to hate crime, itself understood as a would-be qualitative "science of consciousness." It argues that despite its manifest tensions, gaps, ambiguities and internal contradictions, aspects of the Husserlian philosophical approach directed towards the different levels of experienced hate crime still retain the potential to both challenge and advance our understanding of this topic. It is the "instructive" part of "instructive failure" that this article highlights

The experience of being a partner to a spinal cord injured person: A phenomenological-hermeneutic study

This qualitative focuses on the personal experiences of partners to a spinal cord injured person. Using a Ricoeurian phenomenological-hermeneutic approach, we analysed seven partners’ narratives 1 and 2 years after their partner's injury. The study revealed how the injury was experienced from the partners’ perspective through the aftermath. In the acute phase after the injury, partners also felt harmed, and support was needed in relation to their own daily activities, eating, resting, and managing distress. During the institutionalized rehabilitation, partners felt torn between supporting the injured partner and the demanding tasks of everyday life outside the institution. After discharge, partners struggled for the injured partner to regain a well-functioning everyday life and for reestablishing life as a couple. The partner struggled to manage the overwhelming amount of everyday tasks. Some sought to reestablish their usual functions outside the family, whereas others focused on establishing a new life together. The partners experienced much distress and appreciated the support they got, but felt that they were mainly left to manage the difficult process on their own

Qualitative interviews in psychology: problems and possibilities

This paper distinguishes a series of contingent and necessary problems that arise in the design, conduct, analysis and reporting of open-ended or conversational qualitative interviews in psychological research. Contingent problems in the reporting of interviews include: (1) the deletion of the interviewer; (2) the conventions of representation of interaction; (3) the specificity of analytic observations; (4) the unavailability of the interview set-up; (5) the failure to consider interviews as interaction. Necessary problems include: (1) the flooding of the interview with social science agendas and categories; (2) the complex and varying footing positions of interviewer and interviewee; (3) the orientations to stake and interest on the part of the interviewer and interviewee; (4) the reproduction of cognitivism. The paper ends with two kinds of recommendation. First, we argue that interviews should be studied as an interactional object, and that study should feed back into the design, conduct and analysis of interviews so that they can be used more effectively in cases where they are the most appropriate data gathering tools. Second, these problems with open-ended interviews highlight a range of specific virtues of basing analysis on naturalistic materials. Reasons for moving away from the use of interviews for many research questions are described

Reinventing grounded theory: some questions about theory, ground and discovery

Grounded theory’s popularity persists after three decades of broad-ranging critique. In this article three problematic notions are discussed—‘theory,’ ‘ground’ and ‘discovery’—which linger in the continuing use and development of grounded theory procedures. It is argued that far from providing the epistemic security promised by grounded theory, these notions—embodied in continuing reinventions of grounded theory—constrain and distort qualitative inquiry, and that what is contrived is not in fact theory in any meaningful sense, that ‘ground’ is a misnomer when talking about interpretation and that what ultimately materializes following grounded theory procedures is less like discovery and more akin to invention. The procedures admittedly provide signposts for qualitative inquirers, but educational researchers should be wary, for the significance of interpretation, narrative and reflection can be undermined in the procedures of grounded theory

Legal linked data ecosystems and the rule of law

This chapter introduces the notions of meta-rule of law and socio-legal ecosystems to both foster and regulate linked democracy. It explores the way of stimulating innovative regulations and building a regulatory quadrant for the rule of law. The chapter summarises briefly (i) the notions of responsive, better and smart regulation; (ii) requirements for legal interchange languages (legal interoperability); (iii) and cognitive ecology approaches. It shows how the protections of the substantive rule of law can be embedded into the semantic languages of the web of data and reflects on the conditions that make possible their enactment and implementation as a socio-legal ecosystem. The chapter suggests in the end a reusable multi-levelled meta-model and four notions of legal validity: positive, composite, formal, and ecological

Fresh air funds and functional families: The enduring politics of race, family and place in juvenile justice reform

This article examines the enduring ways that racial politics are masked by discourses of place and family in the history of juvenile justice in the USA. The tropes of place and family have been invoked since the inception of the USA’s juvenile justice system and have influenced the processes of policing, removal, and return, even as the latest incarnation of reforms focus on building juvenile justice facilities and alternatives to incarceration within urban areas. By pointing to recent manifestations of this rhetoric in New York, the article identifies the thread that links these claims together: the desire by social control agents for submission by the primarily impoverished and young people of color who defy legal authority

The Talking Cure as Action: Freud's Theory of Ritual Revisited

Freud made creative use of late Victorian theories of ritual as empty modes of behavior, using the idea of seemingly meaningless ritual to offer a compelling comparison with obsessive behavior. However, analytic hours, with their repetitive frame and repetition of unconscious conflicts, have stronger links with rituals than Freud admitted. Recent theories highlight the extensive power of rituals to organize and instantiate models of effective action, especially in terms of the multifunctionality of language. These new theories of ritual offer in turn new tools for understanding the therapeutic action of analytic hours. © 2011 Association for the Advancement of Psychoanalysis