Einschätzungen zu Bindungsbeziehungen und geäußerter Kindeswille in einer Stichprobe von Sachverständigengutachten zu Sorgerechtsstreitigkeiten (§ 1671 BGB)

2021 ◽  
Vol 31 (2) ◽  
Author(s):  
Heinz Kindler ◽  
Marianne Schwabe-Höllein ◽  
Petra August-Frenzel
Keyword(s):  
The Other ◽  
Emotional Security ◽  
Court Cases ◽  
Multiple Methods ◽  
Attachment Disorganization ◽  
Children’S Views ◽  
Parental Conflicts

For a sample of 103 court cases with parental conflicts regarding custody and residence results on attachment diagnostics by psychological court experts are reported. Attachment diagnostics was performed using multiple methods with two observations per parent. It was coded whether there were indications for a similar level of emotional security with both parents or more emotional security with one parent than the other. In addition, indications for attachment disorganization, manipulation of the child by one or both parents and children’s views regarding residence were coded. About 55% of the children showed indications for more emotional security with one than the other parent. 38% of the children did not express any preference regarding their preference. If a preference was expressed and if there were indications for more emotional security with one than the other parent, children most often wanted to live with the parent to whom they showed comparably more indications for emotional security. Manipulation, especially manipulation by both parents was associated with indications for attachment disorganization.

The Other Muslim Bans

2020 ◽  
Vol 1 (1) ◽  
pp. 2-38
Author(s):  
Will Smiley
Keyword(s):  
Security Policy ◽  
Islamic Law ◽  
State Level ◽  
The State ◽  
The Other ◽  
State Court ◽  
Court Cases ◽  
State Laws ◽  
Foreign Law ◽  
Muslim Majority

This Article addresses and critiques the case for state-level legislative bans on courts citing “Islamic law” or the law of Muslim-majority countries. In particular, the Article reviews the most substantive evidence adduced by the bans’ supporters, in the form of a set of state court cases published by the Center for Security Policy (CSP). Very few of these cases, in fact, show courts actually applying Islamic or foreign law, and in none of these cases would the various forms of proposed legislation have been likely to alter the result. Thus even this report does not suggest a need for the state laws purporting to ban sharīʿa. The Article thus argues that even if these bans are not unconstitutionally discriminatory in their effect, they are ineffective at achieving their claimed purpose. This Article was originally published as an Occasional Paper in the Harvard Papers in Islamic Law series in 2018.

Cohabitation, Marriage and Delinquency: The Significance Family Environment

1997 ◽  
Vol 30 (2) ◽  
pp. 187-199 ◽  
Author(s):  
Sotirios Sarantakos
Keyword(s):  
Family Environment ◽  
Parental Attitudes ◽  
Married Couples ◽  
The Other ◽  
The Family ◽  
Cohabiting Couples ◽  
Occurrence Type ◽  
The One ◽  
Parental Conflicts ◽  
The Relationship

This paper uses Australian data to examine the relationship between parental lifestyles and family environments on the one hand, and occurrence, type and frequency of delinquency on the other. These data, collected by means of interviewing, relate to a part of a longitudinal study including 512 children; 233 were children of cohabiting couples and 279 of married couples. The findings presented in this paper show that (a) there are proportionally more offenders coming from families of cohabiting than of married couples; (b) there are proportionately more offenders who become recidivists coming from families of cohabiting than of married couples; and that (c) the family environments of the majority of offenders are marked by instability, low integration, hostile parental attitudes, domestic violence, parental conflicts and parental indifference.

scholarly journals “THE LAWYER MONOPOLY” SHOULD IT BE MOVED?

2020 ◽  
Keyword(s):  
Transition Period ◽  
Point Of View ◽  
The Other ◽  
Gradual Transition ◽  
Court Cases ◽  
Advantages And Disadvantages ◽  
The Law ◽  
The One ◽  
Representation Of Interests ◽  
Autonomous Republic

The article deals with the debate on the so-called “lawyer monopoly” on representation of interests in court. The Law of Ukraine "On Amendments to the Constitution of Ukraine (on Justice)" adopted on June 2016, dated June 2, 2016, No. 1401-VIII literally divided the legal community into two camps: "for" and "against" the so-called "monopoly of the Bar". It should not be denied that both supporters of this reform and its opponents have strong arguments in favor of their beliefs. In the last four years, both camps have made new arguments in support of their point of view. But every year, since the passage of the aforementioned law, calls for change have become louder. This is due to the fact that, on the one hand, the aforementioned law introduced a gradual transition to representation in all judicial instances only by a lawyer and a prosecutor, and on the other, by the fact that the proposal to exclude the rule of “lawyer monopoly” from the Constitution of Ukraine was one of the first bills of President Vladimir Zelensky. Several steps have now been taken to abolish this "monopoly" but the whole path has not yet been completed. Thus, from January 1, 2020 the Law of Ukraine 390-IX “On Amendments to Certain Legislative Acts of Ukraine on Expanding the Possibilities of Self-Representation in the Court of State Authorities, Bodies of the Autonomous Republic of Crimea, Local Self-Government Bodies and Other Legal Entities, Whatever Their Order, came into force creation ”, but the bill announced by the President No. 1013 of 29.08.2019 still remains within the walls of the Verkhovna Rada of Ukraine. This leads to some contradictions and inconsistencies in court cases regarding who can participate in litigation. In the article the author highlights the advantages and disadvantages of "lawyer's monopoly", as well as the problematic issues of the so-called transition period.

Revisiting Fechner’s Methods

2019 ◽  
Author(s):  
Gesche Westphal-Fitch
Keyword(s):  
Empirical Research ◽  
Golden Section ◽  
The Other ◽  
Founding Father ◽  
Multiple Methods ◽  
Is Research

Gustav Fechner, the founding father of empirical aesthetics, was the first to suggest that multiple methods should be used when approaching any aesthetic phenomenon empirically. He introduced the methods of production, use, and choice and laid out why they should typically be used in combination. While the method of choice is widely used today, the other two remain somewhat neglected, to the detriment of the field, as is argued here. Fechner’s other key contribution to empirical aesthetics is the distinction between “aesthetics from above” (which is purely theoretical) and “aesthetics from below” (which is guided by empirical research). One example of the application of aesthetics from below is research on the golden section, which is discussed here in connection with Fechner’s three proposed methods. The relevance of Fechner’s methods for research today is discussed.

The Gender Factor in Six- to Ten-Year-Old Children's Views of Occupational Roles

1976 ◽  
Vol 38 (3_suppl) ◽  
pp. 1207-1210 ◽  
Author(s):  
Ruth Scheresky
Keyword(s):  
Elementary School ◽  
School Children ◽  
Elementary School Children ◽  
The Other ◽  
Sex Typing ◽  
Occupational Roles ◽  
Children’S Views ◽  
Gender Factor

Differences in children's acceptance of occupational roles that are traditionally sex-typed by society were explored for a sample of 270 elementary school children, 135 boys and 135 girls. The degree of sex-typing was high among all subjects. Children viewed occupations as the role of one sex or the other, according to traditional sex-typed views.

scholarly journals Engaging parents in Family Court: Lessons from an observational study of child protection cases

2016 ◽  
Vol 17 (2) ◽  
pp. 129-146 ◽  
Author(s):  
Vicki Lens
Keyword(s):  
United States ◽  
Decision Making ◽  
Child Protection ◽  
Participatory Approach ◽  
The Other ◽  
Family Court ◽  
Court Cases ◽  
Court System ◽  
Northeastern United States ◽  
The Family

Summary This study explores the courtroom interactions between judges, attorneys, and parents charged with child abuse or neglect. Drawing on ethnographic observations of court cases in a Family Court located in the northeastern United States, this study seeks to understand how judges encourage or inhibit parents’ participation and the strategies and tactics used to influence parental behaviors and obtain cooperation with court orders. Findings On one end of the spectrum are judges who engage little, or not at all with parents, preferring to speak only to the professional court actors. On the other end of the spectrum is a more participatory approach, with judges weaving parents into court room exchanges and engaging them in informational and decision-making dialogs. A similar divergence appears when soliciting cooperation from parents, with some judges relying on shaming rituals and others using a softer approach that incorporates praise and support. Applications Strategic interventions are identified that will increase parents’ cooperation and satisfaction with the Family Court system. These include vigorously engaging in both informational and decision-making dialogs with parents and using rituals of praise and support, rather than shaming.

Rural, Suburban, and Central City Children: Sex-Type Roles in Occupations

1978 ◽  
Vol 43 (2) ◽  
pp. 407-411 ◽  
Author(s):  
Ruth F. Scheresky
Keyword(s):  
Central City ◽  
The Other ◽  
Location Factors ◽  
Sex Typing ◽  
City Area ◽  
Occupational Roles ◽  
Occupational Role ◽  
Sex Type ◽  
Children’S Views

Children's views of occupational roles which ate traditionally sex-typed by society were explored as differences among the views of children located in rural, suburban, or central city area. Their acceptance of occupational roles for men and for women was explored. For a sample of 270 children, 90 children at each of the location factors, rural, suburban, and central city, the occupational role views were measured. The degree of sex-typing was high among all subjects. Children viewed occupations as the role of one sex or the other, according to traditional sex-typed views.

Proximal Anastomotic Device Malfunction: Salvage Using Alternative Option

2020 ◽  
Vol 15 (5) ◽  
pp. 487-489
Author(s):  
Vipin Dulam ◽  
Jim McCarthy ◽  
Dmitri Guvakov ◽  
Mohammed A. Kashem ◽  
Yoshiya Toyoda ◽  
...  
Keyword(s):  
Cardiac Surgery ◽  
Major Complication ◽  
The Other ◽  
Embolic Stroke ◽  
Multiple Methods ◽  
Class V ◽  
Alternative Option ◽  
Device Malfunction

Embolic stroke is a major complication of cardiac surgery and there have been multiple methods developed to reduce this risk. Recent technology has produced 2 primary devices for producing a bloodless and clampless field to perform aortocoronary graft anastomosis. We present a case with a Class V aorta, deployment failure of one device after aortic punch, and salvage of the aortotomy with the other device.

scholarly journals Attachment disorganization in different clinical groups: What underpins unresolved attachment?

Psihologija ◽  
2013 ◽  
Vol 46 (2) ◽  
pp. 127-141 ◽  
Author(s):  
Florian Juen ◽  
Lisa Arnold ◽  
Dominik Meissner ◽  
Tobias Nolte ◽  
Anna Buchheim
Keyword(s):  
Personal Experience ◽  
The Other ◽  
Disorganized Attachment ◽  
Clinical Implications ◽  
Healthy Individuals ◽  
Schizophrenic Patients ◽  
Healthy Control ◽  
Attachment Pattern ◽  
Attachment Disorganization ◽  
High Degree

This paper summarizes findings and clinical implications of research on attachment disorganization in diverse clinical groups. Disorganized/unresolved attachment is overrepresented in these groups compared to healthy control participants, but disorder specific characteristics of this attachment pattern are still poorly understood. The focus of this study was to explore defensive processes in participants whose narratives were classified as disorganized/unresolved using the Adult Attachment Projective Picture System (AAP). Besides the predominance of disorganized attachment, clinical participants demonstrated more ?segregated system material? especially in stories representing aloneness and more ?Personal Experience material? compared to healthy individuals. Within the disorganized/ unresolved clinical individuals, BPD and PTSD patients showed the highest proportion of attachment disorganization and were less able to use other attachment-related defenses to maintain organized. Furthermore, PTSD patients were emotionally overwhelmed by the projective attachment scenes compared to the other clinical groups as indexed by an incapacity to complete sections of the AAP. BPD and addicted patients were characterized by a high degree of self-other boundary confusion. Depressive and schizophrenic patients showed a high overall defensive intensity to remain organized.

scholarly journals INTRODUCING DECONSTRUCTIVE INTERSECTIONALITY: THE GENERAL JURISPRUDENTIAL RAGE AGAINST RAINBOW THEORY

2015 ◽  
Author(s):  
Tamryn Gorman
Keyword(s):  
South Africa ◽  
South African ◽  
The Other ◽  
Constitutional Court ◽  
Court Cases ◽  
Substantive Equality ◽  
Constant Tension ◽  
Formal Equality ◽  
The One ◽  
Constitutional Adjudication

Despite South Africa’s post-modern constitutional dispensation which, at first glance, seems to celebrate and entrench substantive equality — various judgements have been passed by the Constitutional Court where the Constitution was interpreted through a formal equalitarian lens. On the one hand, substantive equality recognises and celebrates our diversity and differences whereas formal equality, on the other hand, obsesses with the idea of sameness. This constant tension between substantive and formal equality is aptly portrayed by the term ‘rainbow jurisprudence’. This term was coined by Alfred Cockrell to explain a quasi-theory depicted by the newly born South African constitutional adjudication which was lacking in substantive reasoning (which I equate to substantive equality) and the absence of a rigorous jurisprudence. He goes so far as to assimilate the finding of genuine substantive reasoning within these judgements to the possibility of touching a rainbow — a mythical task which, although alluring, seems impossible. Thus, I have identified the problem that South Africa is still submerged in rainbow jurisprudence. This can be seen through various court cases that will be discussed below, ranging from cases that were clearly decided from a formal equalitarian perspective to those which depict a wolf in sheep’s clothing seemingly substantive judgements disguising the formal equality lurking beneath.

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