{"title":"重新定义“风险”:迈向性侵犯的人文主义范式","authors":"Anne-Marie McAlinden","doi":"10.1177/09646639211032957","DOIUrl":null,"url":null,"abstract":"Within Western criminal justice traditions, the ‘risk’ paradigm has become the defining logic of contemporary laws and policies on sex offender management. This article critically examines the limitations of current technocratic and algorithmic approaches to risk in relation to sexual offending and how they might be addressed. Drawing on nearly two decades of theoretical and empirical research conducted by the author, it applies the learning on sex offender reintegration and desistance to advance a ‘humanistic’ paradigm of sexual offending. The paper attempts to counter some of the dangers of algorithmic justice and shift risk-based discourse away from its predominantly ‘scientific’ origins. It argues that such a move towards a more expansive and progressive version of risk within criminal justice discourses would better capture the realities of sexual offending behaviour and its real-world governance.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"13 1","pages":"389 - 408"},"PeriodicalIF":1.4000,"publicationDate":"2021-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Reconceptualising ‘risk’: Towards a humanistic paradigm of sexual offending\",\"authors\":\"Anne-Marie McAlinden\",\"doi\":\"10.1177/09646639211032957\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Within Western criminal justice traditions, the ‘risk’ paradigm has become the defining logic of contemporary laws and policies on sex offender management. This article critically examines the limitations of current technocratic and algorithmic approaches to risk in relation to sexual offending and how they might be addressed. Drawing on nearly two decades of theoretical and empirical research conducted by the author, it applies the learning on sex offender reintegration and desistance to advance a ‘humanistic’ paradigm of sexual offending. The paper attempts to counter some of the dangers of algorithmic justice and shift risk-based discourse away from its predominantly ‘scientific’ origins. It argues that such a move towards a more expansive and progressive version of risk within criminal justice discourses would better capture the realities of sexual offending behaviour and its real-world governance.\",\"PeriodicalId\":47163,\"journal\":{\"name\":\"Social & Legal Studies\",\"volume\":\"13 1\",\"pages\":\"389 - 408\"},\"PeriodicalIF\":1.4000,\"publicationDate\":\"2021-08-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Social & Legal Studies\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1177/09646639211032957\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"CRIMINOLOGY & PENOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Social & Legal Studies","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1177/09646639211032957","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
Reconceptualising ‘risk’: Towards a humanistic paradigm of sexual offending
Within Western criminal justice traditions, the ‘risk’ paradigm has become the defining logic of contemporary laws and policies on sex offender management. This article critically examines the limitations of current technocratic and algorithmic approaches to risk in relation to sexual offending and how they might be addressed. Drawing on nearly two decades of theoretical and empirical research conducted by the author, it applies the learning on sex offender reintegration and desistance to advance a ‘humanistic’ paradigm of sexual offending. The paper attempts to counter some of the dangers of algorithmic justice and shift risk-based discourse away from its predominantly ‘scientific’ origins. It argues that such a move towards a more expansive and progressive version of risk within criminal justice discourses would better capture the realities of sexual offending behaviour and its real-world governance.
期刊介绍:
SOCIAL & LEGAL STUDIES was founded in 1992 to develop progressive, interdisciplinary and critical approaches towards socio-legal study. At the heart of the journal has been a commitment towards feminist, post-colonialist, and socialist economic perspectives on law. These remain core animating principles. We aim to create an intellectual space where diverse traditions and critical approaches within legal study meet. We particularly welcome work in new fields of socio-legal study, as well as non-Western scholarship.