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published_or_final_version / Sociology / Master / Master of Social Sciences

The subject of this study is long-term, contract-based relationships, demonstrated through a variety of cases in the music industry. An alternative legal approach, the hypothetical doctrine of unconscionably constructed contracts, is propounded, compared with existing law and tested against prominent and recent cases. Observational knowledge gained over fifteen years of experience and contact with writers, performers, managers, agents and lawyers, led to the study. Thus, that industry was specifically considered, although there may be other industries where the concept could be applied. Because the relationships discussed are vulnerable to breakdown causing costly litigation, current rules and doctrines may fall short of providing adequate advice and governance to a needy business class. Whatever the outcome, judicial ruling and cost to the various parties, cases with similar root cause and argument recur time and again, decade after decade. Neither side, creative nor corporate appears to learn enough from experience. Their inability to understand guidance and governance offered by the law is examined, as are other possible reasons for their apparent recalcitrance. Relevant areas of contract law are found to be undue influence, restraint of trade and inequality of bargaining power. Underlying judicial concern over public policy and unconscionable behaviour is recognised as important. Combined with the study of contract law theory and practices, is an examination of the nature of the parties, creative and corporate. Economic, personal and commercial factors which influence their behavioural patterns have been analysed. Economics analysis methodology combined with behavioural and personality analysis has led to an understanding of those aspects of long-term contractual conduct which are often the cause of relational breakdown. The music industry is seen to be receptive to improvements offered by thoughtfully structured law. The parties anticipate intervention and attempt to utilise rules of law in building and severing their obligation to each other. Therefore, it is believed here that the hypothetical doctrine offered would give tighter definition, resulting in better practice in the preparation of contracts and reduce the frequency of costly litigation.

This study examines elite discourse about crime and criminality in modern Mexico. This discourse was intimately connected to discussions of citizenship (and thus inclusion in the Mexican nation-state) which became increasingly important after Independence from Spain in 1821. Elites recognized that a broad, egalitarian definition of citizenship was a potent source of legitimation for a nation in the throes of self-definition. To these discussions of citizenship, discourse about crime and criminality added an effective counterpoint, identifying individuals and groups within the new nation that merited exclusion. Specifically, this study examines the emerging discourses of criminology and penology which attempted to bring a rational, even scientific approach to the long-standing problem of crime. These "liberal" discourses (and the criminal justice system they inspired) eschewed the overtly racist and classist legal legacy of Mexico's colonial past. However, despite their egalitarian pretensions, criminology and penology often rearticulated colonial social distinctions, first by covertly embedding traditional biases in a contradictory liberal rhetoric and later by legitimizing these prejudices with evolutionary science. Ultimately, little changed in post-Independence Mexican social relations: the poor, the indio, the mestizo continued to be excluded from participation in mainstream society, not because they were legally segregated as in the colonial period but because of their supposed criminality. Even Mexico's great social revolution generated few effective changes. Like their predecessors, revolutionary elites attempted to exploit the legitimizing potential of the criminal justice system but again without significantly redefining its basic clientele. The socially-marginal continued to pose a threat to public order and economic progress; thus they continued to be excluded from public life. Within this larger context, specific chapters also function as independent essays: chapter one examines the racist and classist subtexts embedded in post-Enlightenment, "classic" criminology; chapter two, the role of evolutionary science in legitimizing these subtexts; chapter three, the use of popular literary techniques in the construction of "scientific" criminology; chapter four, the place of prison reform in Mexican political discourse; and chapter five, the role of penal code reform in political legitimation.

This investigation into the rapid expansion of prison construction and mass incarceration in Eastern Kentucky under the leadership of Congressman and House Appropriations Committee Chairman Hal Rogers aims to determine why this policy has continued to be a viable political strategy for Rogers despite its apparent failure to advance social and economic development in the region. This analysis suggests that the Rogers Case can be used as a case study to greater understand the proliferation of political power available to elected officials in ANY district where the democratic incentive structure encourages politicians to represent the interests of private corporations and industries instead of constituents as long as they can count on their campaign contributions and the protection of their incumbencies.

The concept of space goes well beyond just buildings and infrastructure; it can represent feelings of attachment and belonging, it can interact with us and generate meaning. The built environment is not just the “backdrop” of our lives, but rather it plays a major role in them. In the state of California prisons have become a prominent element of our communal landscape, now housing 2.4 million Americans today. This paper explores prisons as a rich site of analysis in terms of how our built environment affects our daily lives. In order to delve into this analysis, I will explore sport-based programming in the prison context and how these programs can create alternative spaces to foster social capital and improve the relationship between the individual and his or her surroundings. In order to bring these theories to life, I conducted a case study through the Prison Education Project at The California Rehabilitation Center to explore the efficacy of academic soccer-based programs within this context specifically.

This dissertation originated out of a research interest in the role of moral-reasoning development in different types of crime. However, as this interest developed, it became apparent that the evidence that moral-reasoning development is differentially involved in different types of crime was a) somewhat weak and b) did not apply to all types of crime. In addition, as part of the developmental work for this dissertation, it was decided to re-analyze a previous Taiwanese study by the author. This reanalysis substantially supported what the previous research literature had indicated in terms of the, at best, modest role of moral-reasoning development in different types of crime. Furthermore, it was found that when the data were analysed ignoring the conventional moral norms that previous research had employed, there was evidence that question content had a role in differentiating different types of crime. This is at variance with structural approaches to moral-reasoning development. Taken together, these findings steered the development of this dissertation in the direction of social cognitive theories of deviant behaviour for which the research evidence is fairly compelling. Consequently, the dissertation moved from structural models of moral reasoning development to socio-cognitive explanations of why some offenders demonstrate a clear pattern of specialization in particular types of crime. This research aimed to assess different social cognitions about offending and moral reasoning ability and used them to predict characteristic types of offending. The participants were four hundreds and thirty two male (adult=302, juvenile= 130) prisoners incarcerated in seven correctional facilities in Taiwan. Based on the offenders' self-reported crime histories, crime specialism indexes (CSI) were calculated to represent offenders' crime propensities in drug abuse, theft, sexual and violent offending for each of respondents. Twenty-three of these respondents were questioned using semi-structural interviews. The qualitative aspect of the research was informed by interpretative phenomenological analysis (IPA). In addition to moral reasoning competence measured by Gibbs's SRM-SF, five additional social cognitions were investigated including 1) normative beliefs, 2) crime cognitive beliefs, 3) moral domain placement, 4) crime episode judgments, and 5) criminal-identity. It was hypothesized that different cognitive representations predict decisions about types of offences committed. Research questions were, 1) What are the relationships between moral reasoning ability in overall, individual moral value, age, crime episode judgments, and CSIs? a) Juvenile offenders operated at immature moral reasoning level, while adults predominantly exhibited at mature stages. b) No significant correlations emerged between sociomoral reflection moral score (SRMS) and CS Is, except a positive relationship found with the juvenile sexual CS!. c) Comparatively arrested development was found in both age offenders' property & law and legal/justice than the rest of three moral values. d) Except one in the juvenile drug taking (SRMS), and two in life and legal justice, as well as one significant correlations showed in the adult legal justice in sexual offending context, there was no relationship found between the trend of responses towards crime episode questions and moral reasoning ability. 2) What are the relationships between offenders' crime perceptions, evaluations and CS Is? a) Only drug CSI correlated positively with the criminal identity, while negative relationships were found with theft and sexual CSIs. b) A self approval tendency in normative beliefs was found in all but the juvenile sexual CSIs. c) A self endorsement tendency was observed in cognitive beliefs scale in the adult group. d) Findings indicated that there were two differences in the adult drug and theft CSIs, with those offenders thinking drug taking and stealing behaviour as personal discretions being higher in these two acts CSIs than those regarded these two crimes as moral domains, respectively. 3) Is it possible to predict CSIs from sociocognitive factors considered? Multiple-regressions indicated that content-oriented cognitive appraisals predicted types of criminal behaviour, while structural variables did not, with two exceptions. In the case of adult violence CSI two moral reasoning level indicators accounted for some additional variance. In the case of juvenile violence, SRMS accounted for some additional variance. But in this latter case, a higher level of moral reasoning was associated with greater specialisation in violence. In the qualitative research questions, research question 4) What are the relationships between offenders' crime perceptions, evaluations and offending behaviour? Interviewees tended to approve their own behaviour more, particularly when compared with other crime patterns. Most of interviewees showed appreciations of Gibbs's mature moral reasoning forms. This seems to contradict with what they had done to others. Despite the meanings behind laws were recognised they largely based their justifications on heteronymous moral thinking. 5) How do offenders' explain the above conflicts, if any? Drug abusers tended to see there was more consistent than conflict, For example, it is a personal prerogative issue. Although theft and violent offenders admitted conflicts present, the former group tended to justify with reasons, such as if they do not harm other physically, stealing is not that bad behaviour, while the latter indicated they only use violence under threatening or legitimate circumstances. Although relatively little information was elicited from sexual offender interviewees on this issue, conflicts were expressed by them. In summary, a self-serving yet other-blaming tendency was observed in cognitive evaluations both in qualitative and qualitative data. The more intensive an offender's involvement in a specific type of crime the more likely were they to evaluate this type of crime more positively, legitimately and less moral concerns involved then any of the other crime types. Moral reasoning may simply accommodate to offenders' progressively firm crime social cognitions. Based on the research findings, a crime cognitive whirlpool model was proposed. This is an idea that offenders are being pulled down (socio-cognitively strapped) to crimes. The model illustrates how a differential relationship between content and structural social knowledge develops for specific crime commitment. Future research should explore in greater depth the specificity and versatility of social cognitive reasoning in this context. Also, the factors which intervene between beliefs about what is good and good behaviour need to be understood better.

[pt] Esta dissertação tem como objetivo analisar experiências e práticas docentes que partem da exibição de filmes em escolas prisionais do Rio de Janeiro, apresentando uma reflexão sobre o lugar ocupado na prática docente por tais atividades, bem como a maneira como os estudantes entendem tais experiências e como transcorrem em um ambiente de privação de liberdade e priorização da segurança, em que convivem cotidianamente objetivos muitas vezes antagônicos, como punir e educar. Em função da imersão no campo de pesquisa, este trabalho é de tipo etnográfico, razão pela qual as notas de campo ganham espaço ao lado das análises de entrevistas. Foram registradas exibições e realizadas entrevistas com os docentes e discentes de escolas prisionais após as exibições. Além disso, apresentam-se dados do próprio sistema penitenciário que colaboram para verificarmos o quanto o Estado do Rio de Janeiro bem investindo para a garantia do direito à educação. Por ser a produção acadêmica acerca das práticas educacionais em ambientes de privação e restrição de liberdade, é possível que este trabalho contribua para os debates em torno da importância de práticas docentes na construção de uma educação para a liberdade. / [en] This dissertation intends analyze experiments and the teaching practices initiated with the exhibition of movies on the schools in prisons on Rio de Janeiro, Brazil, presenting a reflection on the place occupied in teaching practice for such activities, as well as the way the students understand such experiences and how that practices are put in place in an environment of deprivation of liberty and security prioritization in that coexist daily goals often antagonistic, such punish and educate. As it demanded immersion in the research field, this work is of ethnographic kind, which explains why the field notes have place among the analysis of the interviews. The movies exhibitions were registered and interviews were conducted with teachers and students of the prison education programs after the movies exhibition. Moreover, data from the correctional system are presented and it works together to verify how much the Rio de Janeiro s State is investing to guarantee the right to education. This is an academic work about educational practices in environments of deprivation of liberty therefore is possible which this work will contribute to discussions regarding the value of the teaching practices to constructing an education to the freedom.

O estudo enfoca o amor materno em mães presas da Penitenciária Feminina do Tatuapé - São Paulo, no período de 2001 a 2003. A partir dos relatos de 30 mães entrevistadas e com referência nas áreas de Psicologia, Direito, Sociologia, História e Filosofia, identificou-se que o discurso sobre o amor materno é uma construção social de gênero com matizes de inteligibilidade específicos. O amor materno descrito por essas mães evidencia, de um lado, valores de caráter mais arcaico e universal na cultura humana, os quais conferem à experiência amorosa qualidades sobre-humanas de onipotência, imortalidade e indivisibilidade. De outro lado, exprime valores tipicamente burgueses - o sonho da maternidade, o amor romântico, o ideal de família, filho como dom e a mãe modelar - presentes na cultura ocidental a partir dos séculos XVIII e XIX. A manifestação do amor dessas mães por seus filhos sofre a influência de suas experiências concretas enquanto filhas e da relação que puderam - ou não - construir com seus filhos antes do encarceramento. Mães presas que viveram pouco tempo com suas próprias mães ou com seus filhos tendem a manifestar um maior grau de idealização das qualidades amorosas da mãe e do amor materno. Mães que puderam experimentar o amor materno de forma consistente deixam evidente que ele é construído na relação presencial com o filho. As prisões não foram pensadas para abrigar mulheres e refletem, em suas práticas, valores androcêntricos. A forma atual como essa instituição media os contatos entre as mães presas e seus filhos indica a presença de estereótipos e preconceitos e pode ser considerada como um obstáculo à manutenção da relação amorosa. O estudo aponta que se faz necessário adotar medidas corretivas no sistema prisional, de modo a garantir o direito às mães de exercerem sua maternidade, e sugere alternativas para essa situação, tendo em vista, sobretudo, que a proximidade com os filhos é fator de saúde mental e estímulo no processo de reinserção social. / This study emphasizes the maternal love in women which are prisioned in a Feminine Jail in Tatuapé - São Paulo, in the period from 2001 to 2003. From 30 interviewed mothers\' tellings and with reference to the areas of Psychology, Laws, Sociology, History and Philosophy, it is identified that the speech about the maternal love is a social construction of genre with peculiarities of specific inteligibility. The maternal love which is described by these mothers evidences, by one side, values of archaic and universal character in the human culture, which confer to loving experience over human qualities of onipotency, immortality and indivisibility. By other side, it expresses values tipically belonged to middle-class - dream of the maternity, the romantic love, the ideal of the family, the son as a gift and the model mother - presented in the ocidental culture from the 18th century and the 19th centuries. The manifestation of these mothers\' love for their children suffers influence from their concrete experiences as daughters and the relationship which have lost - or not - with their sons before the prision. Jailed mothers who have lived little time with their own mothers or sons and have a tendency to show a greater grade of idealization of the tender qualities of the mother and the mother love. Mothers who can try the maternal love in a consistent way, they leave evident that this love is built in a presence relation with the child. The prisons aren\'t projected to sheld women and they reflect, in their practices, masculine values. The current way as this institution mediates the contacts between the prisioned mothers and their children indicates the presence of stereotypes and prejudices and this may be considered as an obstacle to the mantennance of the love relation. So, this research indicates that it is necessary to adopt corretive measures in the prision system, so as to garantee the rights to these mothers in order to exert their maternity , and it suggests alternatives to this situation emphasizing, overalls, that the proximity with the children is a factor of mental health and stimulation in the process of social reintegration.

O objeto deste estudo situa-se no campo poroso das práticas ilícitas e sua repressão, no contexto da cidade de São Paulo, a partir da década de 30 do século XX. Através da categoria de análise ilegalismo e sua gestão diferenciada, investigou-se de que maneira práticas de controle social remotas e prolongadas, marcadas pelo arbítrio policial e pela desativação seletiva da lei, como as detenções correcionais, conectaram-se a economias criminais urbanas que, até meados da década de 60, se estabeleceram sobretudo em torno da prostituição, bem como estiveram implicadas em seu declínio. As detenções correcionais, enquanto modos de se imiscuir nas atividades criminais pelas forças policiais, associadas ainda a padrões exagerados de violência institucional, se revelaram cruciais à emergência da delinquência urbana, na década de 70, como fenômeno atinente à criminalidade patrimonial de massa, difusa, de rua. Já nos anos 90, a consolidação de uma nova economia criminal urbana, o comércio varejista de drogas ilícitas, ao lado do intenso recrutamento daquela criminalidade avulsa e patrimonial à prisão, contribuiu à emergência de um fenômeno atribuído neste trabalho como articulação da criminalidade, para o qual, uma vez mais, a gestão dos ilegalismos, em uma renovada versão, desempenha um papel central. Por último, a fim de retratar a dinâmica mais atual da gestão do crime ordinário na cidade, este estudo analisou dados estatísticos sobre as prisões em flagrante na cidade, na tentativa de estabelecer uma espécie de cartografia do crime urbano e sua gestão. Ainda nessa perspectiva, buscou-se recompor, a partir das trajetórias de adolescentes envolvidos na base da estratificação social do crime, do articulado e disciplinar tráfico de drogas ao avulso e violento roubo, as lógicas acionadas à manutenção e reprodução dos mercados criminais urbanos, os renovados papéis desempenhados na trama dos ilegalismos, anunciando-se, por derradeiro, mudanças na divisão do trabalho policial que tendem a acentuar a militarização como princípio organizador não apenas da gestão desses ilegalismos, mas das formas mais contemporâneas de governamentalidade. / The object of this study is located in the fluid field of the illicit acts and their repression, in the context of São Paulo City, starting at the years 30 of the Twentieth Century. Through the illegalism analysis category and its distinguished management, the investigation was focused on how remote and long lasting social control practices, marked by Police discretion and by the selective desactivation of the Law, as in corrective arrests, got linked to the urban criminal economies, which up to the middle of the sixties established themselves mostly around prostitution, as well as took part on its decline. The corrective arrests, as ways of intervenience of the Police force on criminal activities, associated with exaggerated patterns of institutional violence, showed themselves crutial to the rising of urban delinquency in the seventies, as an event related to the patrimonial mass criminality, diffuse, street type. As for the nineties, the consolidation of a new urban crime economy, the retail commerce of illicit drugs, together with the intense recruiting of that isolated and patrimonial criminality to jail, has contributed to the surge of a phenomenon qualified in this work as articulation of the criminality, for which, once more, the management of the illegalism, in a new version, performs a main role. Last, in order to focus the most recent dynamics of common crime management in the city, this study analyzed statistic data on prisons in the very act, in the city, in an attempt to establish a certain cartography of the urban crime and its management. Still under this perspective, it was aimed to retrace, taking as departing point the trajectories of teenagers enrolled at the basis of the social stratum of crime, from the well organized and disciplinary drug traffic, to the isolated and violent robbery, the logic connected to the maintenance and reproduction of the urban crime market, the renewed roles performed in the web of the illegalities, announcing, at last, changes in the division of the Police work which tend to increase militarization as the organizing principle not just of the management of these illegalisms, but also of the more contemporary ways of governmentality.