Social justice and legal justice

The main aim of this paper is to challenge the validity of the distinction between legal justice and social justice. It is argued that what we usually call legal justice is either an application of the more fundamental notion of social justice to legal rules and decisions or is not a matter of justice at all. In other words, the only correct uses of the notion of legal justice are derivative from the notion of social justice and, hence, the alleged conflicts between criteria of social and legal justice result from the confusion about the proper relationship between these two concepts. Two views about the social justice/legal justice dichotomy are of particular importance and will provide the focus for the argument: this dichotomy is sometimes identified with a classical distinction between distributive and commutative justice and sometimes with the distinction between substantive and procedural justice.     

“Who made the code in the first place?”: Delinquency and justice in an American Indian community

This paper examines the emergence of official categories of delinquency and a formal system for the legal processing of youth on one American Indian reservation. The creation of the legal code, Children's Court and Juvenile Detention Center, and the ongoing activities of these agencies are placed in the context of the larger social system of the reservation and the history of federal policies toward Indian peoples. Through in-depth interviews, participant observation, case file review, and the analysis of existing statistics, perceptions of delinquency and justice and trends in the legal processing of adolescents in this community are explored. The implications of this imposed system of law and justice for this community are discussed.     

Psychology,law, and the black community

Summary The present paper presented key applications of psychology and the law to the black community, embracing both civil and criminal law and legislation. The breadth of its focus preluded a more in-depth treatment of other areas relevant to black people which include issues related to psychiatric emergencies and involuntary hospitalization, child custody, and right-to-treatment litigation in prison and mental health facilities. In focusing attention on these applications and areas for activity, hopefully, I have not presented an unrealistic depiction of a responsive, socially sensitive, legal system capable and willing to exercise its powerful tools in the interest of the black community. To the contrary, there is considerable literature that identifies the historic role of the legal system in the enactments of laws to institutionalize and cement slavery, its failure to aggressively protect constitutional and civil rights of blacks, in imposing penalties differentially to blacks and whites in the criminal justice system, and more recently, conspiracies of law enforcement officials to deprive blacks of basic civil rights (Bell, 1975; Burns, 1973; Higgenbotham, 1973). The legal system, rather than being an effective instrument for justice and positive social changes, has often been a major source of racism. Thus, any meaningful attempts by lawyers or behavioral scientists in the interest of black people cannot ignore the racism that is embedded in the fabric of the legal profession and the behavioral sciences. Particular aspects of the law with significant social-psychological dimensions are: the cultural inertia, the archaicness of the law due to its roots in English common-law, historic and contemporary racism, conservatism associated with the principle of stare decisis, judicial elitism, and the substitution of administrative and judicial discretion for overt racism. Thus, in order for the legal system, or the field of psychology, to be reponsive to the needs of blacks and other oppressed groups, they must eradicate racism and injustice in their own ranks.Traditionally law has functioned as the hand maiden of the propertied class in our society. So it was to be expected that lawyers in the legislative halls, lawyers on the bench and lawyers in the executive branch of government would combine their talents to perpetuate by law this peculiarly American doctrine of racism predicated upon a claimed color inferiority.     

“Does Contain” vs. “Does Not Contain”: Does it Matter which GMO Label is Used?

An analytical framework where heterogeneous consumers are imperfectly informed about product content is used to investigate the welfare effects of a public labeling system. Although a mandatory label that reads Does Contain or one that reads Does Not Contain genetically modified organisms (GMOs) provides information for both the labeled and the unlabeled goods, there is no reason why these labels should cause the same welfare effects. This paper shows that the two labels imply different distortions due to the associated cost of labeling. It is shown that the label Does Contain should be used if the ratio of consumers with a strong reluctance for consuming GMO goods to indifferent consumers is high, while the label Does Not Contain should be used if this ratio is low. Given the findings, the authors argue that current labeling differences in various countries need not be the result of protectionist trade regulations.     

The Place of Legal Positivism in Contemporary Constitutional States

The aim of the paper is that of discussing some recent antipositivist theses, with specific reference to the arguments that focus on the alleged incapability of legal positivism to understand and explain the complex normative structure of constitutional states. One of the central tenets of legal positivism (in its guise of methodological or conceptual positivism) is the theory of the separation between law and morality. On the assumption that in contemporary legal systems, constitutional law represents a point of intersection between law and basic moral values, antipositivists contrast legal positivism with two main arguments. First, on a more general level, the positivist theory of the separation between law and morality is questioned; then, and consequently, the neutrality thesis in the juristic study of law is rejected. The author discusses both these antipositivist arguments, and offers a brief defence of methodological positivism.     

Drug and violence prevention: Rediscovering the critical rational dimension of evaluation research

Following criticism of government-funded drug prevention activities of the early 1990s, a spate of best practice or science-based lists of alcohol, drug and violence prevention programs have been produced by federal agencies in recent years. The writings of Donald T. Campbell on validity have had a profound influence on the development of the methodological quality scales that have been utilized in the review processes used to generate these lists. Implicit in this approach to the identification of science-based prevention programs is the idea that science is equivalent to research methodology and study design. Following Karl Popper and Campbell, I contend that, while certain designs are clearly better than others in dealing with threats to internal validity and allow for better generalization of results beyond the study population, utilization of these designs in and of itself is not sufficient to designate an evaluation study as scientific. Nor can the accumulation of data from such studies be used to proclaim an entire area of research a science, as has occurred with the field of so-called prevention science. Rather, the fundamental criterion by which to judge the scientific status of a theory is falsifiability. If the field of drug and violence prevention is truly a science, then it should be subjecting its predictions about the effects of intervention programs to genuinely critical tests and not attempting to verify these hypotheses. It is argued that it has failed to do this, and two specific examples of prevention programs that appear on a number of science-based lists of prevention programs are discussed.     

Selective Incapacitation Revisited

The term incapacitation is an important criminological concept that implies that the offender's capacity to commit new crimes is to be concretely obstructed or reduced through confinement. The purpose of selective incapacitation is to select those particularly prone to violence and to incapacitate them. The paper presents a critical analysis of the risk prediction enterprise. The paper addresses the accuracy of prediction, the ethics of prediction, and in particular the research culture within which research on prediction occurs.     

Trampling Human Rights in the War on Terror: Implications to the Sociology of Denial

Critical criminology has greatly benefited fromthe concept of moral panic, which is a helpfulframework for understanding immigrationreform and the treatment of immigrants –especially in relation to concerns aboutterrorism. In response to the events ofSeptember 11, 2001, the United Statesgovernment swiftly produced legislationintended to protect homeland security,culminating in the USA Patriot Act. Whilemainstream political leaders supported the newlaw, many legal experts expressed concernsabout its expansive powers as serious dangersto immigrants rights and civil liberties.Among those concerns are controversial tacticsinvolving ethnic profiling, detentions, andgovernment secrecy. This article examinescritically the nature of those forms of humanrights violations while elaborating on thecontradictions in the war on terror. ApplyingCohens sociology of denial – how literal,interpretive, and implicatory denial perpetuatelong-term social problems – developments areinterpreted conceptually, contributing to adeeper understanding of growing threats tohuman rights.     

Comparing the Social Service Utilization, Exposure to Violence, and Trauma Symptomology of Domestic Violence Female “Victims” and Female “Batterers”

Although some authors have suggested that women batterers may really be self-defending victims, to date, no research has been initiated to empirically support this assertion. This paper describes the design and outcomes of a research project that investigated the similarities and differences between women adjudicated as domestic violence batterers and women identified as domestic violence victims. Findings indicated group similarities in the areas of exposure to violence and social service utilization. Although both groups reported high levels of trauma symptomology, victim scores were significantly higher.     

Social science and the Courts

Social scientists have increasingly become involved in the submission of amicus curiae or friend of the court briefs in legal cases being decided by state and federal courts. This increase has triggered considerable debate about the use of briefs to communicate relevant social science research. This article evaluates the strengths and weaknesses of various methods of summarizing social science research for the courts. It also reviews the procedures for submitting briefs developed by the American Psychology-Law Society which, in collaboration with the American Psychological Association, has submitted its first brief inMaryland v. Craig, a case recently decided by the U.S. Supreme Court.The authors wish to thank James Ogloff, Kathy Roesch, and Claudia Worrell for their comments on an earlier draft     

Terrorism and the law: Historical contexts, contemporary dilemmas, and the end(s) of democracy

Recent proposals by the G7 (and Russia) to clamp down on terrorists and terrorism do not define that which is prohibited. Instead, a threat is communicated which in turn allows, among other things, greater attention to be paid officially to camouflage charities and terrorist use of the Internet. Nevertheless, it is somewhat of a truism to note that terrorist violence is ultimately defined or characterized, for purposes of legal prohibition, within a highly politicized atmosphere. Starting with a short summary of anti-terrorist codification efforts made this century, this article examines some of the security interests cited by governments today in their respective struggles against terrorism. More specifically, it is argued that individual perceptions of personal and societal threat are heightened unnecessarily not only by a constant stream of governmental anti-terrorist rhetoric, but further, by an awareness of official and unofficial methods of anti-terrorist surveillance, and the use to which the information so obtained can be put.     

Appeals to community and crime prevention

This paper considers the growing appeals to the idea of community in criminal justice policy and the involvement of actual communities in criminal justice initiatives. It draws on a completed two year research study of a number of community-based crime prevention initiatives in the South East of England. The paper considers the nature of community to which appeals are made in criminal justice discourse and policies, the contribution of community to the practices of social order and the nature of community representation and participation in crime prevention initiatives. It is argued that appeals to community in crime prevention, and crime control more generally, embody shifts in what constitutes the legitimate responsibilities of individuals, collectivities and the state. This has a number of implications, the first of which is a redrawing of the cost of policing and security services. Additionally, there is an associated shift in blame for failure. Finally, actual community involvement in crime control gives rise to new structures and forms of local governance that evoke key questions about the regulation of social relations, the nature of conflict resolution, citizenship, democracy and social justice.     

Narcotics trafficking and the American mafia: The myth of internal prohibition

Numerous books assert that the Mafia long had a prohibition against engaging in narcotics trafficking, either for reasons of morality, or else because of the public stigma attached to drugs. In reality, there are many problems with the belief in voluntary abstention. The mythical nature of internal prohibition, and the far different reality, will be illustrated from the case of Philadelphia, supposedly the base for one of the most powerful and traditional-minded of all the American Mafia groups, the family headed from 1959 to 1980 by don Angelo Bruno. We will attempt to explain the roots of the prohibition myth, both for writers and for the wider public that appears so endlessly enthusiastic about sagas of organized crime. Finally, the paper examines the implications of this myth for policy makers in successive wars on crime.     

Interviewing Preschoolers: Comparisons Of Yes/No and Wh- Questions

This study investigated the influence of question format on preschool-aged children's errors, their response accuracy, and their tendency to say I don't know when given non-misleading questions in a neutral, unbiased context. Children (3 to 5 years old) participated in a craft-making session that included a staged accident with two experimenters differing in gender and appearance; the environment also had several distinctive features. One week later children were interviewed about actions, participants, and environment; questions were yes/no format with the veridical response yes (yes questions), yes/no format with the veridical response no (no questions), and specific wh- format questions. Question format substantially influenced children's responses: they were most likely to make errors if asked no questions, and were unlikely to answer either yes/no question with I don't know. In contrast, children spontaneously and frequently said I don't know to wh- questions about content they did not recall (environment), but not about content that was well recalled (actions). Implications of question format for reliability of eyewitness testimony by preschoolers are discussed.     

When Are People Persuaded By DNA Match Statistics?

The way in which statistical DNA evidence is presented to legal decision makers can have a profound impact on the persuasiveness of that evidence. Evidence that is presented one way may convince most people that the suspect is almost certainly the source of DNA evidence recovered from a crime scene. However, when the evidence is presented another way, a sizable minority of people equally convinced that the suspect is almost certainly not the source of the evidence. Three experiments are presented within the context of a theory (exemplar cueing theory) for when people will find statistical match evidence to be more and less persuasive. The theory holds that the perceived probative value of statistical match evidence depends on the cognitive availability of coincidental match exemplars. When legal decision makers find it hard to imagine others who might match by chance, the evidence will seem compelling. When match exemplars are readily available, the evidence will seem less compelling. Experiments 1 and 2 show that DNA match statistics that target the individual suspect and that are framed as probabilities (i.e., The probability that the suspect would match the blood drops if he were not their source is 0.1%) are more persuasive than mathematically equivalent presentations that target a broader reference group and that are framed as frequencies (One in 1,000 people in Houston would also match the blood drops). Experiment 3 shows that the observed effects are less likely to occur at extremely small incidence rates. Implications for the strategic use of presentation effects at trial are considered.     

Women on the edge of crime: Crack cocaine and the changing contexts of street-level sex work in New York City

In this paper, we attempt to examine, engender and contextualize the theses that (i) women's emancipation escalates [women's] crime and violence and (ii) women's drug use escalates [women's] crime and violence, by drawing on ongoing ethnographic fieldwork in relation to women crack smokers and the changing contexts of street-level sex work in New York City. The paper attempts to illustrate how the position of women crack smokers can only be understood by locating their lives, their illicit drug use and their income-generating activities within the context of a specific set of localized socio-economic and cultural developments. We suggest that observations from our research refute the theses that women are becoming more criminal and/or violent in the context of either their consumption of crack cocaine or their alleged emancipation.An earlier version of this paper was presented by the first author at the Joint Meetings, Law and Society Association and Research Committee on the Sociology of Law of the International Sociological Association, Amsterdam, 26–29 June 1991.     

Precedent Externality, Network Effect, and the Possible Inefficiency of the Evolution of Laws

Using the traditional scenario of tort conflict as an example, I argue that the marginal precautionary costs of injurers and victims are not constant, as was assumed by most previous researchers. The precedent of a liability rule has some natural externality on the precaution technology, and hence marginal cost, faced by future agents involved in torts. The adoption of legal rules therefore has a network effect, meaning that the present prevalent adoption of one rule increases the probability of its future adoption. Treating the dynamic evolution of legal rules as a random process, we are able to apply an established result in the literature of network economies to conclude the path-dependence, non-predictability, and potential inefficiency concerning the final legal rule to which the dynamics converge.     

Expanding coupled shock fronts of urban decay and criminal behavior: How U.S. cities are becoming “hollowed out”

This work attempts to formalize an emerging paradigm in criminology, examining the structural consequences of feedback between community physical decay and behavioral pathologies caused by the social disintegration resulting from that decay. Adaptation of a standard reaction/diffusion approach produces a model of radially expanding coupled traveling-wave shock fronts of interrelated contagious physical decay and criminal activity. The standard threshold theorem associated with the model equations suggests that currently advocated triage policies, which recommend the virtual abandonment of bad communities behind the expanding front, will fail spectacularly. The model suggests that, just as the hollowing-out process has a complex, synergistic and dynamic structure, so, too, must interventions be interactive and mutually reinforcing, adaptively, targeted at communities in all stages of the phenomenon.     

The New Water Legislation of Zimbabwe and South Africa – Comparison of Legal and Institutional Reform

Recently, several new pieces of water legislation have been promulgated in both Zimbabwe and the Republic of South Africa. The new acts are an attempt to correct injustices of a colonial past and to trigger development towards effective, equitable and efficient integrated water resources management influenced by the policy decisions in Agenda 21 and the need to respect economic and social human rights. This article aims at identifying and describing factors of prime importance in the process of legal and institutional reform. Major factors are earmarked and derived from the proceedings in Zimbabwe and are compared with the situation in South Africa. Thorough analysis by the author of proceedings, preambles, memoranda, legislation and addenda has induced roughly 5 major reform issues: The call for equitable water distribution based on a widely consented water resources management strategy; The need for effective and efficient integrated water resources management conducive to stakeholder participation through decentralisation processes; The redressing of legal shortcomings in former water legislation with the emphasis on the introduction of integrated approaches; The introduction of instruments of cost recovery for water resources management; The need to develop human resources capacity and institutional strength within the implementing agencies.For both Southern African states, these issues appear to be of comparable importance as major triggers for legal and institutional reform, although not always in the same sense.The resulting most important legal and institutional changes are presented, discussed and compared. Finally, prospects for and constraints on implementation of the new water legislation in these countries are compared.     

“Staatswirtschaftslehre”—A Component of “Staatswissenschaften” Today and Tomorrow

The paper starts from problems of reorganization of the Welfare State. The second paragraph contains definitions and materials. The third paragraph turns to the development of Staatswissenschaften, especially to cameralistic views, public choice and deregulation. The fourth section deals with present Staatswirtschaftslehre as a component of Staatswissenschaften. The fifth paragraph is focussed on deregulation and reorganization of the state.The paper demonstrates: Staatswissenschaften and Staatswirtschaftslehre will be important academic disciplines also tomorrow, though the State will be reorganized by privatization, non-government-organizations and rearrangements of private and public sector activities under the conditions of new technologies and open markets.