scholarly journals Enactivism and Correctional Science: An Analysis of Forensic Treatment of Agency in a Neoliberal Climate

2021 ◽  
Author(s):  
Samuel O'Neill

<p>In correctional practice, as primarily informed and driven by the Risk-Need-Responsivity (RNR) practice framework of Bonta and Andrews (2017), theoretical explanations of agency bear significance in their representation and consequent treatment of ‘criminal’ agents. Due to a state of ‘theoretical illiteracy’ however, this domain remains largely divorced from the insights offered by current affective science (Ward, 2019). The purpose of this paper is to outline key principles offered within an ‘enactive’ paradigm; a contemporary strand of cognitive science that depicts cognition as embodied, embedded and enactive, ultimately submitting a relational cognitive-affective agency, constituted of habits of bodies and minds (Maise & Hanna, 2019; Ward, Silverman & Villalobos, 2017). Enactivism offers various elements that contrast with traditional internal ‘cognitivist models’ of agency, which inform mainstream correctional practice; these include the active, affective and social nature of cognition, which as is illustrated, lends emphasis to the impact of prevalent ideologies, through institutions, upon agents (Maise & Hanna, 2019). In this project I outline current correctional treatment of agency, as it stands in contrast to insights offered by enactive accounts, and as embedded in a broader neoliberal context. Therefore I provide some critical examination of the relationship between psychological theory and neoliberal ideology, specifically focusing on principles of individualism and self-governance it is purported to cultivate. In conclusion I maintain that the RNR provides a thin representation of agency that is driven by an internal and limited perspective of functioning that precludes aspects essential to the personhood of agents including its active, affective and phenomenological nature. As embedded in a neoliberal context, I argue that this significantly limits rehabilitative practice, and reifies an abstraction of mindedness from material and social contexts. A pluralistic approach to rehabilitation is therefore necessary, including the enactive and related perspectives expounded in this piece, in order to provide explanation and therefore practice beyond entrenched normative assumptions of agency and human function.</p>

2021 ◽  
Author(s):  
Samuel O'Neill

<p>In correctional practice, as primarily informed and driven by the Risk-Need-Responsivity (RNR) practice framework of Bonta and Andrews (2017), theoretical explanations of agency bear significance in their representation and consequent treatment of ‘criminal’ agents. Due to a state of ‘theoretical illiteracy’ however, this domain remains largely divorced from the insights offered by current affective science (Ward, 2019). The purpose of this paper is to outline key principles offered within an ‘enactive’ paradigm; a contemporary strand of cognitive science that depicts cognition as embodied, embedded and enactive, ultimately submitting a relational cognitive-affective agency, constituted of habits of bodies and minds (Maise & Hanna, 2019; Ward, Silverman & Villalobos, 2017). Enactivism offers various elements that contrast with traditional internal ‘cognitivist models’ of agency, which inform mainstream correctional practice; these include the active, affective and social nature of cognition, which as is illustrated, lends emphasis to the impact of prevalent ideologies, through institutions, upon agents (Maise & Hanna, 2019). In this project I outline current correctional treatment of agency, as it stands in contrast to insights offered by enactive accounts, and as embedded in a broader neoliberal context. Therefore I provide some critical examination of the relationship between psychological theory and neoliberal ideology, specifically focusing on principles of individualism and self-governance it is purported to cultivate. In conclusion I maintain that the RNR provides a thin representation of agency that is driven by an internal and limited perspective of functioning that precludes aspects essential to the personhood of agents including its active, affective and phenomenological nature. As embedded in a neoliberal context, I argue that this significantly limits rehabilitative practice, and reifies an abstraction of mindedness from material and social contexts. A pluralistic approach to rehabilitation is therefore necessary, including the enactive and related perspectives expounded in this piece, in order to provide explanation and therefore practice beyond entrenched normative assumptions of agency and human function.</p>


Author(s):  
Eyal Zamir ◽  
Doron Teichman

In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. The book surveys the entire body of psychological research underpinning behavioral analysis of law, and critically evaluates the core methodological questions of this area of research. The book then discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for establishing the aims of legislation, and the means of attaining them. This is followed by a systematic and critical examination of the contributions of behavioral studies to all major fields of law—property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law—as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.


Author(s):  
Matthew L. Hall

Deaf and hard of hearing (DHH) children have been claimed to lag behind their hearing peers in various domains of cognitive development, especially in implicit learning, executive function, and working memory. Two major accounts of these deficits have been proposed: one based on a lack of auditory access, and one based on a lack of language access. This chapter reviews these theories in relation to the available evidence and concludes that there is little evidence of direct effects of diminished auditory access on cognitive development that could not also be explained by diminished language access. Specifically, reports of deficits in implicit learning are not broadly replicable. Some differences in executive function do stem from deafness itself but are not necessarily deficits. Where clinically relevant deficits in executive function are observed, they are inconsistent with the predictions of accounts based on auditory access, but consistent with accounts based on language access. Deaf–hearing differences on verbal working memory tasks may indicate problems with perception and/or language, rather than with working memory. Deaf–hearing differences on nonverbal tasks are more consistent with accounts based on language access, but much more study is needed in this area. The chapter concludes by considering the implications of these findings for psychological theory and for clinical/educational practice and by identifying high-priority targets for future research.


2021 ◽  
pp. 147402222110074
Author(s):  
Kelly Bylica ◽  
Sophie Louise Roland ◽  
Laura Benjamins

Formal music performance studies within university settings strive to prepare the next generation of performers and pedagogues for musical engagement beyond university. Yet literature suggests that these spaces of study do not always lead to a sense of readiness for potential professional worlds, due in part to a lack of opportunities for guided, in-depth, critical reflection that helps students connect theory and practice. This article articulates findings from a study that sought to consider the impact of deliberate opportunities for reflection in The Accademia Europea dell’Opera (AEDO), a university-affiliated summer opera intensive experiential learning program. Utilizing a communities of musical practice framework, researchers worked collaboratively to help participants engage in guided critical reflection as they developed high-level musical skills through rehearsals and performances. This article specifically considers the ways in which a ‘broker’ helped participants develop practices of reflection and personal agency both within and beyond this context.


Values Based Reflective Practice (VBRP®) is a group reflection framework widely utilized within healthcare settings across Scotland, where groups of colleagues meet and discuss their workplace-based experiences using the VBRP® structure. The VBRP® model has previously been noted within HSCC as assisting “courageous conversations” about working in a caring vocation (Bunniss, 2021a, 2021b). Despite its national platform, however, there has been limited evaluation of VBRP®. Aim: This study explores the impact of VBRP® as a reflective tool among undergraduate medical students. Method: A qualitative action research methodology was used. Results: Three themes were identified from the data: overcoming barriers to reflection during VBRP®; enhancing reflection through the social nature of VBRP®; participants’ perceptions of reflection through the lens of VBRP®. Conclusion: VBRP® enabled deeper, more authentic reflection and enhanced written reflection abilities due to its social nature. It promoted the formation of peer support networks and positive coping mechanisms among medical students. Teamworking and group relationships were also improved.


2021 ◽  
Author(s):  
◽  
Harry Dent

<p>In order for correctional rehabilitation practices to be maximally effective, they should be grounded in well-developed psychological theory about the causes, development, and nature of crime. This thesis argues that these theories of crime should be based in an underlying perspective of human functioning, or how people work at a fundamental level. I argue that this level of theory has been neglected in theories of crime, as demonstrated through an evaluation of the Risk-Need-Responsivity model of rehabilitation, which currently stands as the most popular and widely used rehabilitation framework throughout much of the world. This perspective is understood to implicitly present a view of functioning which is reward-oriented, multifactorial, norm-based, and modular, resulting in limited explanatory value and diminished treatment efficacy. I then suggest an alternative model of functioning as being embodied, embedded, and enactive (3e). 3e places an emphasis on the individual as an embodied whole, in an adaptive relationship with their physical and social environment. 3e prioritises the affective experience and agency of the individual, with a commitment to viewing the person as a functional whole drawing on comprehensive multilevel explanations. I outline how this perspective could be used to inform the explanation of crime, before applying the model to an exemplar to demonstrate the potential treatment utility of a 3e approach to correctional rehabilitation, as opposed to an RNR approach.</p>


2011 ◽  
Vol 13 (2) ◽  
pp. 135-144 ◽  
Author(s):  
Gavin E. Oxburgh ◽  
Coral J. Dando

PurposeThe purpose of this paper is to discuss two distinct but interrelated areas, namely witness/victim and suspect interviewing, and to argue that both must continue to evolve, suggest how they might do so, and that this process must be driven by emergent theory and contemporary empirical research.Design/methodology/approachThe paper outlines the impact of psychological theory and empirical research to investigative interviewing in recent decades.FindingsIt is argued that in order to stay ahead of the game, the field of investigative interviewing (suspect and witness) must continue to evolve in such a manner that not only protects and fosters the important practitioner/academic relationship, but also ensures that future directions are driven by empirical research, with recourse to emergent theory.Originality/valueThe paper outlines the impact of psychological theory and empirical research on investigative interviewing and the consequent enhancement of the interviewing of both suspected offenders and witnesses. The paper demonstrates that working closely together academic research can make a difference, and influence law, policy decisions and training guidelines in order to improve practice.


Author(s):  
Aleksander Mikhailovich Prilutskii ◽  
Vladimir Yur'evich Lebedev

This article is dedicated to analysis of the phenomenon of pseudo-traditionalism on the example of interpretation of image of a village in the discourses of modern culture. The concepts and processes that cursory are perceived as traditional, but modernistic in their essence, are referred to pseudo-traditional. The authors understand pseudo-traditionalism as a result of stylistic mimicry based on the partial digestion of separate elements of the traditional semiotic system borrowed extra-contextually and uncoupled from other elements, with which they are in a state of structural-systemic relations within the framework of real tradition. The article is carried out in the context of semiotic-hermeneutic approach towards analysis of the phenomena of modern culture. The sources include the literary text of clearly traditional orientation, as well as materials collected in the course of sociological interview. The authors prove that the opposition city &ndash; village carries mythological character, equally to demonization of city and idealization of village in pseudo-traditionalistic discourses. The article also analyzes various aspects and modi of the modern mythological image of a village, including religious (eschatological). The author examines the impact of historical and social contexts upon the formation of ancient mythology.


2020 ◽  
Author(s):  
Janis Fiedler ◽  
Tobias Eckert ◽  
Kathrin Wunsch ◽  
Alexander Woll

Abstract Background: Electronic (eHealth) and mobile (mHealth) health interventions can provide a large coverage, and are promising tools to change health behavior (i.e. physical activity, sedentary behavior and healthy eating). However, the determinants of intervention effectiveness in primary prevention has not been explored yet. Therefore, the objectives of this umbrella review were to evaluate intervention effectiveness, to explore the impact of pre-defined determinants of effectiveness (i.e. theoretical foundations, behavior change techniques, social contexts or just-in-time adaptive interventions), and to provide recommendations for future research and practice in the field of primary prevention delivered via e/mHealth technology.Methods: PubMed, Scopus, Web of Science and the Cochrane Library were searched for systematic reviews and meta-analyses (reviews) published between January 1990 and May 2020. Reviews reporting on e/mHealth behavior change interventions in physical activity, sedentary behavior and/or healthy eating for healthy subjects (i.e. subjects without physical or physiological morbidities which would influence the realization of behaviors targeted by the respective interventions) were included if they also investigated respective theoretical foundations, behavior change techniques, social contexts or just-in-time adaptive interventions. Included studies were ranked concerning their methodological quality and qualitatively synthesized.Results: The systematic search reveled eleven systematic reviews and meta-analyses of moderate quality. The majority of original research studies within the reviews found e/mHealth interventions to be effective, but the results showed a high heterogeneity concerning assessment methods and outcomes, making them difficult to compare. Whereas theoretical foundation and behavior change techniques were suggested to be potential positive determinants of effective interventions, the impact of social context remains unclear. None of the reviews included just-in-time adaptive interventions.Conclusion: Findings of this umbrella review support the use of e/mHealth to enhance physical activity and healthy eating and reduce sedentary behavior. The general lack of precise reporting and comparison of confounding variables in reviews and original research studies as well as the limited number of reviews for each health behavior constrains the generalization and interpretation of results. Further research is needed on study-level to investigate effects of versatile determinants of e/mHealth efficiency, using a theoretical foundation and additionally explore the impact of social contexts and more sophisticated approaches like just-in-time adaptive interventions.Trial registration: The protocol for this umbrella review was a priori registered with PROSPERO: CRD42020147902.


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