This essay suggests that while Antony Duff's model of criminal punishment as secular penance is pregnant with possibilities for theological reception and reflection, it proceeds by way of a number of separations that are brought into question by the penitential traditions of Christianity. The first three of these—between justice and mercy, censure and invitation, and state and victim, constrain the true communicative character of his account of punishment. The second set of oppositions, between sacrament and virtue, interior character and external (...) action, and formal and moral reconciliation, subject the model of state punishment as secular penance to problematic liberal and libertarian constraints. A postsecular analogy, outlining a theology of the invitational nature of divine judgment, and drawing on Thomas Aquinas's account of penance as both sacrament and virtue, is proposed. (shrink)

Hospital-based professionals who manage cases of family violence are often unclear about the benefits and costs of particular interventions to their clients. Operating under conditions of potential lethality, both to them and family members, clinicians often experience conflict between legal and ethical recommendations or between strategies intended to provide safety to victims of domestic (spousal) violence and those meant to protect children from abuse. This article presents a situation of family violence and the dilemmas of decision-making confronting both social worker (...) and lawyer. It discusses such issues as professional role, reporting requirements, and duties to warn, emphasizing the difficulty of implementing a plan and of predicting its consequences. It recommends substantive and procedural guidelines that may help protect victims while allowing professionals to emotionally sustain themselves during the management ordeal. (shrink)

Hospital-based professionals who manage cases of family violence are often unclear about the benefits and costs of particular interventions to their clients. Operating under conditions of potential lethality, both to them and family members, clinicians often experience conflict between legal and ethical recommendations or between strategies intended to provide safety to victims of domestic (spousal) violence and those meant to protect children from abuse. This article presents a situation of family violence and the dilemmas of decision-making confronting both social worker (...) and lawyer. It discusses such issues as professional role, reporting requirements, and duties to warn, emphasizing the difficulty of implementing a plan and of predicting its consequences. It recommends substantive and procedural guidelines that may help protect victims while allowing professionals to emotionally sustain themselves during the management ordeal. (shrink)