Making All the Difference: Inclusion, Exclusion, and American Law. Martha MinowThe Alchemy of Race and Rights: Diary of a Law Professor. Patricia J. WilliamsJustice and the Politics of Difference. Iris Marion Young

This study provides an update to a previous study exploring time to restoration of adjudicative competence within an Outpatient Competence Restoration Program (OCRP). Authors examined the probability of restoration for individuals referred for outpatient competence restoration in the U.S. capital, and revisited the requirements of American Law, taking a closer look at how programmatic changes improve restoration and encourage adherence. Competence to stand trial remains a critical screening function of the judicial system to ensure that defendants have a basic understanding of courtroom procedures. Competency restoration is therefore an attempt to protect both the integrity of the system and the rights of defendants. Aggregate data from the OCRP’s previous four years of competence restoration efforts were reviewed for demographic characteristics, restoration rates, and time to restoration. Poisson regression modeling identiﬁed probability diﬀerences in restoration between sequential restoration periods. Since our initial analysis, the DC OCRP has been successful in restoring 97 of 345 participants (28.1%), with referral rates increasing from year to year. 39.2% are now restored after the 3rd round of competency restoration. Poisson regression modeling of individuals attaining competence during six successive restoration periods showed that diﬀerences for the first five rounds of restoration were not statistically significant (p = 0.418). In the 6th round, however, the difference in percentage of restored participants was statistically significant compared to previous rounds (irr = 0.32; p = 0.0001). We discuss the policy implications, especially those that suggest that the DC OCRP has improved its ability to restore competence beyond the 1st round of restoration.

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música, autismo e diferenças: a representação como violência em levinas e deleuze

childhood & philosophy ◽

10.12957/childphilo.2021.56160 ◽

2021 ◽

Vol 17 ◽

pp. 01-18

Author(s):

Stephan Malta Oliveira ◽

Luísa Azevedo Damasceno ◽

Nathalie Emmanuelle Hofmann ◽

Letícia Azevedo Damasceno ◽

Cecília Albuquerque reynaud Schaefer ◽

...

Keyword(s):

Clinical Practice ◽

Autistic Child ◽

Emmanuel Levinas ◽

Power Relations ◽

Gilles Deleuze ◽

Autistic Children ◽

Politics Of Difference ◽

The Difference ◽

Taking Responsibility ◽

Asymmetrical Relationships

The aim of this article is to investigate and discuss the notions of difference and representation in Emmanuel Levinas and Gilles Deleuze, articulating such notions through the example of a university extension project involving the formation of a musical ensemble composed of autistic children. Our research involved a review of four major philosophical works—Emmanuel Levinas’ Totality and Infinity; Among Us: Essays On Alterity; and “The Concept Of Difference In Bergson”; and Gilles Deleuze’s Difference and Repetition--in addition to secondary references. The main articulations of the investigation carried out in the project consist of aspects such as: taking responsibility for the autistic child through cultivating asymmetrical relationships, a process that takes place through sensibility, below any representation; and not totalizing the alterity involved while maintaining, at the same time, its radical difference. In addition, there is an emphasis in the work on the difference of each child, beyond his or her diagnostic identity, understanding that all participants are undergoing unique processes of differentiation, and that some differences are not more privileged than others, in that that such hierarchies are determined by power relations. Another contribution of this research is the emphasis on the intensive affective flows of children, and the construction of relationships of mutual affection, which increases the circulation of vital energy in each one. Finally, the results of the project are offered as guidelines for clinical practice, and for the cultivation of a politics of difference, as an alternative to hegemonic practices in autism studies in contemporary times.

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Between experience and structure: Social suffering, collective identities and justice in Iris Marion Young

Digithum ◽

10.7238/d.v0i23.3158 ◽

2019 ◽

Author(s):

Gustavo Lima e Silva ◽

Felipe Gonçalves Silva

Keyword(s):

Large Scale ◽

Phenomenological Approach ◽

Social Suffering ◽

Collective Identities ◽

Analytical Strategy ◽

Politics Of Difference ◽

Iris Marion Young ◽

S Model ◽

Nancy Fraser

This paper analyzes the role of phenomenology in Iris Marion Young´s model of critical theory through a discussion of the different strategies she mobilizes in articulating the notions of identity and social collectivities in Justice and the Politics of Difference (1990) and Inclusion and Democracy (2000). By reconstructing the debate Young had with Nancy Fraser during the 1990s, we seek to demonstrate that, although Fraser mischaracterizes Justice and Politics of Difference as representative of the “cultural turn” in social theory, her criticisms can illuminate some of the tensions and shortcomings of the text. Moreover, we argue that the emphasis in a structural-analytical strategy of argumentation, characteristic of Young´s later work, can be traced back to the contentions formulated by Fraser. Nonetheless, it is sustained in a final step that Young never completely abdicated the phenomenological approach as a tool for social criticism. Although the argument of Inclusion and Democracy is developed primarily in a structural way, Young repeatedly mobilizes the experiences of social suffering and the demands for justice voiced by social movements as the basis of her large scale democratic proposals.

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FICTIONS AND PRESUMPTIONS AS A LEGAL WRITING TECHNIQUE IN INHERITANCE AND THE RESULTING LEGAL PARADOXES: A COMPARATIVE ANALYSIS OF RUSSIAN AND COMMON LAW

Law of succession ◽

10.18572/2072-4179-2021-1-12-16 ◽

2021 ◽

Vol 1 ◽

pp. 12-16

Author(s):

Vyacheslav B. Panichkin ◽

Keyword(s):

Comparative Analysis ◽

Common Law ◽

Special Role ◽

Legal Writing ◽

American Law ◽

The Difference ◽

Legal Fictions ◽

Law Regulation

The article analyzes the special role of legal fictions and presumptions as the tools of the Succession Law regulation in comparison or Russian and American Law. Author depicts the difference of methods of these instruments use, concerning theories, classifications in relation to succession. The mechanism of legal paradoxes as the consequences of fictions is revealed.

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On Sources of Structural Injustice: A Feminist Reading of the Theory of Iris M. Young

Human Affairs ◽

10.2478/v10023-010-0016-x ◽

2010 ◽

Vol 20 (2) ◽

Author(s):

Zuzana Uhde

Keyword(s):

Critical Theory ◽

Group Differences ◽

Cultural Groups ◽

Structural Group ◽

Structural Injustice ◽

Theory Of Justice ◽

Politics Of Difference ◽

Social Structural ◽

Iris Marion Young ◽

Gender Based

On Sources of Structural Injustice: A Feminist Reading of the Theory of Iris M. YoungThe author focuses on a critical theory of justice and democracy by Iris Marion Young. Young's normative approach to justice and the institutional framework of inclusive democracy develops out of her critique of injustice. In the first section the author explains Young's approach to structural injustice, which she conceptualizes in terms of domination and oppression. In the second part the author elucidates Young's concept of the politics of difference and inclusive democracy. In this context Young differentiates between social and cultural groups; this enables her to take into consideration the political significance of group differences. The author goes on to present Young's critical theory of gender based on the notion of women as a social structural group. Young argues that gender refers to social structures that shape relations of subordination and oppression rather than to identity. In the final part the author discusses the application of Young's concept of structural injustice at a transnational level. Finally, she concludes with an outline for a feminist reading of the concept of structural injustice in a transnational context.

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