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Main effects models included race, age, gender, education, income, work status, and relationship to the care recipient as predictors of cultural justifications for caregiving. African American caregivers in this study were younger, had lower incomes, were more likely to work full time, and were less likely to be spousal caregivers than were White caregivers. Fitted path model of Familial Obligations, burden, coping style, and subjective physical health of caregivers (standardized path coefficients). We recruited caregivers using flyers, ads in the local media, and outreach efforts conducted under the auspices of a community outreach and education program. FOIA Currently, the criminal law deals with such acts of minority defendants through the excuse approach. justification. Without such sanctity of life and liberty, the distinction between a lawless society and one governed by laws would cease to have any meaning. (, Dilworth-Anderson, P., Goodwin, P. Y., Williams, S. W. (, Dilworth-Anderson, P., Williams, I. C., Gibson, B. E. (, Gallagher-Thompson, D., Arean, P., Coon, D., Menendez, A., Takagi, K., Haley, W. E., et al. Family caregiving of older Chinese people with dementia: testing a model. The site is secure. Nurs Res. [2] In India, this concept has not yet been recognised formally and governments are not bound by law to provide reasons for their actions. Results of the regression analyses show that caregivers' educational level was the only caregiver characteristic variable that significantly predicted CJCS scores. a. SEVERAL comprehensive reviews of the caregiving literature (Aranda & Knight, 1997; Dilworth-Anderson, Williams, & Gibson, 2002; Janevic & Connell, 2001; Vitaliano, Zhang, & Scanlan, 2003) document the growing and stressful demands of caregiving to older family members, especially dementia caregiving. c.I was taught by my parents to take care of elderly dependent family members. In a study of 169 caregivers, Dilworth-Anderson et al. 2022 May;18(5):307-314. doi: 10.1038/s41582-022-00630-z. [4] Such a duty arises only in particular circumstances. In Part III, the Article applies the justification approach to three famous cultural defense cases. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded persons. It begins by relying excessively on the individual discretion of judges, prosecutors and law enforcement officials to achieve just results in such cases. Therefore it is imperative that the State moves towards a culture of justification a culture in which every exercise of power is expected to be justified; in which the leadership given by government rests on the cogency of the case offered in defence of its decisions, not the fear inspired by the force at its command.[8]. However, other than arguing that the court lacked jurisdiction to take up the case, it also advanced the argument that. Criminal Law Commons, In Part II, it explains the theoretical distinctions that separate excuse from justification and offers some elements and limits to a justification defense. This site needs JavaScript to work properly. The pooled test for the six interaction terms (race interacting with gender, age, education, income, work status, and relationship to the care recipient) was significant (p <.047). DISCLAIMER: Any expression of opinion/views/analysis published on this platform, or any of its associated social-media pages, represents that of the author(s)/speaker(s) alone in her/his/their personal capacity and neither reflects the opinion/views/analysis of any organisation(s) with which the author(s) may be associated, unless expressly provided otherwise, nor that of SamVidhi in any way or manner. However, the above cases are stray decisions espousing the culture of justification, which is yet to take firm root within the jurisprudence of administrative law. One of the three tests of legality was therefore compromised at the outset itself. This yielded a regression coefficient that compares a typical participant in the upper half of the distribution of the predictor to a typical participant in the lower half. Cultural reasons for caregiving need to be interpreted within the context of race and gender socialization. Etienne Mureinik suggests that an administrative decision cannot be taken to be justifiable unless (a) the decision-maker has considered all the serious objections to the decision taken and has answers which plausibly meet them; (b) the decision-maker has considered all the serious alternatives to the decision taken, and has discarded them for plausible reasons; and (c) there is a rational connection between premises and conclusion -between the information (evidence and argument) before the decision-maker and the decision taken[6], So far we have dealt with the meaning of the culture of justification, which now brings us to the question we posed in the beginning: What does it mean for a democratic country to adopt such a culture and why should it? Expectations of familial social support may be relatively inconsequential in this process. Both Familial Obligations and Cultural Justification had an indirect effect on poor mental health and subjective physical health via avoidant coping. However, the courts have off late begun to emphasise and apply the concept as can be seen in the UP Banners case taken up suo moto by the Allahabad High Court in March this year. entitled, "Can culture help explain the physical health effects of caregiving over time among African American caregivers?". Ajrouch, K. J., Antonucci, T. C., Janevic, M. R. (, Barnes, L. L., Mendes de Leon, C. F., Bienias, J. L., Evans, D. A. Accessibility Statement, Professional Development and Research Workshops. Since these persons were not fugitives nor any proceeding of such nature had been initiated against them it was violative of their privacy to publicise their personal information. It also addresses Goodenough's (1981) concept of cultural frame whereby individual characteristics and experiences help shape how people experience their culture, sometimes collectively and sometimes individually. doi: 10.1093/geronb/60.5.S257, Advancing psychology to benefit society and improve lives, 2022 American Psychological Association. This Article urges a reorientation of our approach thus far to cultural defenses and aspires to move the languishing discussion to a more productive place. What, then, are those circumstances? Results: [3] Dissenting opinion of Justice HR Khanna in Additional District Magistrate v. Shivkant Shukla, 1976 AIR 1207. Gender was coded 1 for male and 2 for female. Results: Both Familial Obligations and Cultural Justification had an indirect effect on poor mental health and subjective physical health via avoidant coping. 2022 Jun 1;77(6):1083-1093. doi: 10.1093/geronb/gbab170. A general duty to supplement every administrative decision with reasons/grounds is lacking and such a duty arises only if the statute under which such decisions are taken demands so. * The author is a former LAMP Fellow and a graduate of Gujarat National Law University, Gandhinagar. Family Matters: Cross-Cultural Differences in Familism and Caregiving Outcomes. The wide discussion of cultural defenses over the last twenty years has produced very little actual change in the criminal law. This test controls for Type 1 error when conducting multiple tests of interactions. Disclaimer, National Library of Medicine Cultural values and caregiving: the updated sociocultural stress and coping model. By: Chaitra S.* | Public law in most democratic countries has advanced from a culture of authority to a culture of justification in recent times. This report will elucidate the psychometric properties of the Cultural Justifications for Caregiving Scale (CJCS) and evaluate the differences in cultural values and demographic variables among a group of African American and White caregivers. Features of cultural identities include race, ethnicity, religion, gender norms, customs, and traditions. government site. It could also be surmised that education modified cultural justifications for caregiving in that education may have changed the way that people think about what their roles are in the caregiving process. [7] Supra, note 3. Aging Ment Health. Culture of Justification: Has the State come of age yet? These findings, we believe, moves the discussion beyond using race as a proxy for understanding cultural influences in caregiving research (Gallagher-Thompson et al., 2000; Haley et al., 1995). The Experience of Alzheimer's Disease Family Caregivers in a Latino Community: Expectations and Incongruences in Support Services. An official website of the United States government. His statement is instructive here: Even in the absence of Article 21 in the Constitution, the State has got no power to deprive a person of his life or liberty without the authority of law. St. 60B(5), A257-262. Statistical significance was determined by t tests for nondichotomous variables and by chi-square tests for dichotomous variables. The troubling message of the current approach is that minority defendants commit wrongful acts but are not blameworthy because they suffer from the defect or disability of their culture. Cultural frame allows us to understand how an individual's culture framework is developed through the incorporation of the sum of one's experiences, interactions, and thoughts with the norms and expectations one perceives as being held by other group members, typically of family members. Such "bonafide" action taken by the State must not be interfered by the Court in its public interest litigation jurisdiction. The court found that this violated the legitimate goal test and the proportionality test as compensation proceedings against the accused had already been initiated in a separate proceeding. Currently, the criminal law deals with such acts of minority defendants through the excuse approach. (, Jackson, J. S., Antonucci, T. C., Brown, E. (, Lawton, M. P., Rajagopal, D., Brody, E., Kleban, M. H. (, Neal, M. B., Ingersoll-Dayton, B., Starrels, M. E. (, Siegler, I. C., Bastian, L. A., Steffens, D. C., Bosworth, H. B., Costa, P. T. (. This work was supported by a grant from the National Institute on Aging (Grant R01 AG19605), with cofunding from the National Institute of Mental Health and National Institute of Environmental Health Sciences to Redford B. Williams, MD, as principal investigator. Thus, due to differences in individual cultural frames, people can simultaneously be cultural group members and hold cultural beliefs that are not shared by some members of the group (Dilworth-Anderson & Gibson, 2002; Goodenough, 1981). At present, there is no general duty imposed on the government to provide reasons for administrative decisions in the common law. The Allahabad High Court took suo moto cognizance of this order and registered a PIL against the government administration. The Cultural Justifications for Caregiving Scale (CJCS; Dilworth-Anderson et al., 2004) is a 10-item measure designed to assess caregivers' cultural reasons and expectations in providing care (See Table 1 for scale items). A mandatory duty imposed on the government to provide reasons for every administrative decision will ensure greater accountability. Article 21 incorporates an essential aspect of that principle and makes it part of the fundamental rights guaranteed in Part III of the Constitution. With this in mind, the concept of cultural frame is important to this study. It even describes some available doctrinal vehicles through which the criminal law can adopt the justification approach. This paper aims to provide conceptual justifications for the inclusion of culture and cultural factors in psychiatric diagnosis, and logistic suggestions as to the content and use of this approach. Description of Measure: The Cultural Justification for Caregiving Scale (CJCS; Dilworth-Anderson et al., 2005) is a 10-item measure designed to assess caregivers' cultural reasons and expectations for providing care. Dilworth-Anderson, P., Brummett, B. H., Goodwin, P., Williams, S. W., Williams, R. B., & Siegler, I. C. (2005). This study supports the long-standing cultural tradition of African American families providing care to dependent elders. It must show that the amount of power it arrogates to itself in order to carry through its coercive action is proportionate to the importance of the goal it seeks to achieve.. e.By giving care to elderly dependent family members, I am giving back what has been given to me. CrossRef; Google Scholar; Lever, Annabelle and Chin, Clayton 2019. The Article asks the criminal law to make doctrinal room for defendants to argue that their allegedly criminal acts are justified acts, and not excused acts, based on the values and norms of their minority cultures. Culture is defined here as a set of shared symbols, beliefs, and customs that shapes individual and group behavior (Goodenough, 1999). -The Cultural Justifications for Care- giving Scale (CJCS; Dilworth-Anderson et al., 2004) is a 10- item measure designed to assess caregivers' cultural reasons and expectations in providing. Work status was coded as 1 for participants who worked full time and 0 for those who were not employed full time. Gilhooly KJ, Gilhooly ML, Sullivan MP, McIntyre A, Wilson L, Harding E, Woodbridge R, Crutch S. BMC Geriatr. Furthermore, significant race interactions show that not all African American or White caregivers adhere to cultural values for caregiving universally. As such, cultural socialization in the African American community helps create beliefs and attitudes about caring for dependent others in the family. The Allahabad High Court took, The emphasis placed by the court on lack of authority of law and justification offered by the UP administration in violating the fundamental right to privacy marks the application of the culture of justification. We provide results of the main effects regression model predicting CJCS scores in caregivers in Table 3. Two key concepts are critical to this discussion: race and culture. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide, This PDF is available to Subscribers Only. The chi-square difference test comparing the models indicated that the corresponding loadings were not significantly different across racial groups (2 = 9.382, 9df, p =.402). Bethesda, MD 20894, Web Policies The present study consisted of 169 participants (48 African Americans, 121 Whites) who had complete data for all independent and dependent variables of interest (6 participants had missing data on one or more of these constructs). It uses the cases to make a powerful comparison of the relative weaknesses and strengths of the excuse approach and the justification approach. Fitted path model of Familial Obligations, burden, coping style, and mental health of caregivers (standardized path coefficients). Rts. Most obviously, if a particular decision appears to be aberrant, such that it is prima facie inexplicable, a duty to give reasons will arise. In those societies, it is often justified as a way to protect a girl's purity and cleanliness. Fitted path model of Cultural Justification, burden, coping style, and mental health of caregivers (standardized path coefficients). These findings suggest that feelings of obligation may be accounting for a significant proportion of the negative effects of familism on caregivers' mental and subjective physical health. Responses are coded as follows: 4 = Strongly Agree, 3 = Somewhat Agree, 2 = Somewhat Disagree, and 1 = Strongly Disagree. The need for a culture of justification in the governance of our country has been best exemplified in the evergreen words of Khanna, J. in his dissenting opinion in the. Adopting justification will eliminate the use of legalfictions, willforce the criminal The most common reasons include (3): RESPECT FOR TRADITION. Such display of personal information in the public of citizens was available to the State only under specific circumstances under statutes like the CrPC concerning fugitives. Specifically, we compared the fit of a one-factor model in which the loadings were constrained to be equivalent across racial groups to the fit of the same model in which no such constraints were made. The motive was to deter other protesters from destroying property by showcasing that similar action could be taken against them too. Using multivariate analyses, we used caregiver characteristics (e.g., race, gender, education) to predict scores on the Cultural Justifications for Caregiving Scale (CJCS). Journal of Gerontology: Social Sciences. 2) What caregiver characteristics (i.e., gender, age, education, income, work status, and relationship to the care recipient) predict cultural reasons for caregiving? Thus, race is used in this discussion to provide a context for the life experiences of people based on their identified racial group classification and, when coupled with the discussion on culture, to provide a larger landscape from which to assess and interpret the lives of people. Sample Characteristics and Cultural Justification for Caregiving by Race. Peggye Dilworth-Anderson, Beverly H. Brummett, Paula Goodwin, Sharon Wallace Williams, Redford B. Williams, Ilene C. Siegler, Effect of Race on Cultural Justifications for Caregiving, The Journals of Gerontology: Series B, Volume 60, Issue 5, September 2005, Pages S257S262, https://doi.org/10.1093/geronb/60.5.S257. you may Download the file to your hard drive. Objectives: Discussion: The four interaction terms of race by education, income, work status, and type of caregiver were nonsignificant (p >.150). Historically, African American informal family networks have served as social service systems, welfare systems, and community-based intervention systems (Burton & Dilworth-Anderson, 1991; Franklin; Katz, 1993). For example, the income level of the African American sample indicates a higher level of income than those in the general population ($40,000$44,999 vs $38,096 median income; U.S. Census Bureau, 2004). E-mail: Search for other works by this author on: Alzheimer Disease and Associated Disorders, Journal of Consulting and Clinical Psychology, Life-course trajectories of risk-taking propensity: A coordinated analysis of longitudinal studies, Covid-19-stress associated with worse sleep quality, particularly with increasing age, Social isolation, loneliness, and depressive symptoms: A twelve-year population study of temporal dynamics, Identifying cognitive impairment among older participants in a nationally representative internet panel, Widowhood and mortality among Chinese older adults in Singapore: The roles of gender and perceived social support, The Journals of Gerontology, Series B (1995-present), About The Journals of Gerontology, Series B, About The Gerontological Society of America, Dilworth-Anderson, Williams, & Gibson, 2002, Siegler, Bastian, Steffens, Bosworth, & Costa, 2002, Whitfield, Weidner, Clark, & Anderson, 2002, Dilworth-Anderson, Goodwin, and Williams (2004), Lawton, Rajagopal, Brody, and Kleban (1992), Barnes, Mendes de Leon, Bienias, & Evans, 2004, http://www.census.gov/hhes/income/income03/statemhi.html, Receive exclusive offers and updates from Oxford Academic, Open Rank Informatics Research Faculty Position, Postdoctoral Fellowship Infections and Immunoepidemiology Branch, Assistant Professor in the Department of Psychiatry and Human Behavior, Assistant, Associate, or Full Professor in the Department of Psychiatry and Human Behavior. So far we have dealt with the meaning of the culture of justification, which now brings us to the question we posed in the beginning: What does it mean for a democratic country to adopt such a culture and why should it? Accessibility abstract: the ideas of the culture of justification - according to which it is the role of the courts to ensure that every act of the state that affects a person is substantively justifiable - and the related right to justification - which claims that every person possesses a moral and, ideally, constitutional right to the justification that the 8600 Rockville Pike We would like to thank Michael Babyak for his statistical consultation. In addition, education may provide an economic advantage in that the caregivers were in a position to use alternative ways of providing care. The form of the interaction for gender was such that among African Americans, males had lower CJCS scores, as compared to females, whereas White males had higher CJCS scores, as compared to females (see Figure 1). The .gov means its official. Additionally, some caution should be made regarding African Americans scoring higher on the CJCS given the emerging literature that points out that older African Americans have smaller social networks and fewer social resources as compared to Whites (Ajrouch, Antonucci, & Janevic, 2001; Barnes, Mendes de Leon, Bienias, & Evans, 2004). 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