Is victim identity in genocide a question of science or law? The scientific perspective,with special reference to Darfur

In genocide, victims must represent an ethnic, racial, religious or national group. But is victim identity a question of science or law? Must victims be a socially recognized group or can group identity exist solely in the mind of the perpetrator? This question is relevant to the on-going crisis in Darfur. The “Arab-on-African” violence depicted in the media encompasses identities not shared by Darfurians. This study details an evaluation of victim identity in Darfur, based on field research and literature review. Darfurians are defined by subsistence strategy and economic groups are not protected under genocide law. Whether Darfur is genocide depends on whether victims must conform to scientific group classifications or need only be defined by their relationship to the perpetrators.     

Collecting on Moral Debts: Reparations for the Holocaust and Pořajmos

In the early 1980s, Sebba (1980) explored the victimological and criminological dimensions of German Holocaust reparations, utilizing a broad definition of victimization similar to Mendelsohn's (1976) earlier framing of this notion, which included victims of genocide and mass violence. Since this time, scant attention has been paid to the victimology of state crime, and even less to the victimological implications of genocide and mass violence. This is unfortunate since critical victimological lessons can be drawn from the study of the victims of genocide and mass violence. In this article, we focus on the post–World War II monetary reparations, or "compensation," demands made against the West German state by Jewish and "Gypsy" survivors of Nazi state-sponsored violence. Through a comparative analysis of these two cases, we seek to illustrate the organizational, social, and discursive conditions that either enabled or obstructed victim mobilization and, in so doing, to develop critical tools for better understanding "victim movements" and the trauma narratives they construct.     

Making Genocide Unthinkable: Three Guidelines for a Critical Criminology of Genocide

Through a critical examination of some of the prevailing arguments for establishing a criminology of genocide, this paper seeks to demonstrate the limitations of mainstream criminological frameworks for understanding genocide. Moreover, it argues that, if we are to move beyond a mechanical application of the criminological canon to this thus far understudied area of criminal behaviour, we must develop a critical and reflexive criminological approach to the topic of genocide. In this manner, the analysis presented here follows in the footsteps of Bauman [Bauman (1989). Modernity and the Holocaust. Ithaca, NY: Cornell University Press] by asking: what can genocide teach us about criminology? In addressing this question, three guidelines for a future criminology of genocide are proposed. Briefly put, a criminology of genocide should be: (1) reflexive and non-redemptive; (2) ‘undisciplined’ and critical; and, (3) responsible.     

IT and Law,and Law Schools

If 'computing and law' as a discipline is to push forward and develop, it will do so best within the context of the law school rather than as a joint enterprise between law and other disciplines. It is in the law school that the understanding of the nature of law is at its height. Yet there are problems here-law schools have a strained relationship with technology and their concept of the breadth of 'legal scholarship' can be limited by conventional (or ideologically-biased) views of law and an undergraduate-oriented view of the law school's purpose. There are also problems arising from the nature of communications between lawyers and computer scientists. In this article, I highlight these problems and also argue for a more developed and extended view of legal scholarship which will be able to incorporate study and research of the impact of the computer upon legal society as well as the legal control of the unwanted elements arising from these new technologies. Most writings on IT and the law school concentrate upon its use as an educational tool. My interest here is not so much in this side of things, but in the research culture of the law school. Whilst there is sometimes a view that the linkage of law school and IT is purely related to the use of technology in legal education, the remit is wider and includes the understanding of the link between substantive law and the context of the new computerized world and also the impact of the computer in the practice of law. This latter aspect is becoming increasingly important with the Woolf reforms and computerization of the procedural elements of law, but also in substantive law: for example, administrative systems are becoming more and more mediated by technology, and administrative law must be reviewed and re-worked in this context.     

New Legal Realism and the Ethnography of Transnational Law

The new legal realism builds on the strengths of the legal realism of the early twentieth century, viewing law as a set of social processes embedded in historical and political contexts. As it addresses sociolegal phenomena of the early twenty-first century, however, the new legal realism is more attentive to the effects of transnationalism, legal culture, and legal consciousness, and the way ideas and norms travel and are adopted around the world. Asking questions of this kind requires new, more multi-sited or deterritorialized methods of scholarship. This article explores these new perspectives and their methodologies through an examination of the use of human rights in the international movement against violence against women.     

The Case of <Emphasis Type="Italic">variae lectiones</Emphasis> in Classical Islamic Jurisprudence: Grammar and the Interpretation of Law

The qirā?āt or variae lectiones represent the vast corpus of Qur?ānic readings that were preserved through the historical processes associated with the textual codification and transmission of the Qur?ān. Despite the fact that differences among concomitant readings tend to be nominal, others betray semantic nuances that are brought into play within legal discourses. Both types of readings remain important sources for the history of the text of the Qur’ān and early Arabic grammatical thought. While some recent scholars have questioned the historical function and nature of the corpus of qirā?āt, others have argued that specific types of variant readings were the resultant products of attempts to circumvent legal inconsistencies which were found in text of the Qur?ān or were generated through legal debates. Following a preliminary review of the historical framework of the genesis of qirā?āt through reference to early grammatical literature, an attempt will be made to shed some light on the role that semantic variation among concomitant readings played in the synthesis and interpretation of law. The aim will be to draw attention to the subtle theoretical frameworks employed by jurists for their contextualization and analysis. This will also include a review of attitudes towards the forms of qirā?āt that classical scholarship designated as being anomalous or shādhdha.     

Critical Legal Studies versus Critical Legal Theory: A Comment on Method

Over the last decade the Conference on Critical Legal Studies (CCLS) has rekindled an important debate about the study of legal ideologies. The work by scholars within this movement is provocative because it demands that we take seriously the contradictory needs and ideological parameters of liberal legalism. The growing body of work associated with this movement has not, however, included a criticism of the ideological underpinnings of legal methods in general and doctrinal analysis in particular. We begin with the premise that scholarship must include a self-critical method.
In Part I—The Political-Economic Constraints of Liberal Legal Scholarship—we explore why questions of methods, i. e. of how one asks and answers questions, has not been a central issue within CCLS. In Part II—Reformulation of Method—we present a beginning toward a framework for developing a self-critical method for understanding legal ideologies.     

疫情防控中妨害公务罪的法教义学解析

为了个人自由而抗拒防疫管控,是对国家公务活动正常秩序的公然侵犯,具有法益侵害性。对于妨害公务罪之"暴力、威胁",应结合其侵害法益、实务经验予以合理界定。参与疫情管控的基层工作人员能否作为妨害公务罪之对象,需根据司法解释的规定,紧扣从事疫情防控职权之公务性质深入分析。以暴力、威胁方法抗拒不当防疫措施的,因防疫执法之合法性丧失,不构成妨害公务罪。行为人对防疫执法行为合法性的认识错误,属于对构成要件的事实认识错误,阻却犯罪故意的成立。     

Healthcare Can Change from Within: Sustained Improvement in the Healthcare Response to Intimate Partner Violence

There is a great need to demonstrate sustained improvement in healthcare-based inquiry, intervention, and prevention provided to patients exposed to intimate partner violence (IPV). We evaluated implementation of the Healthcare Can Change from Within model (HCCW) in three primary care clinics and an emergency department within a large healthcare system, using two other primary care clinics for a usual-care comparison on selected variables. Outcome measures included individual-level variables (staff knowledge and attitudes) and system characteristics (clinic policies, procedures, patient education materials, and IPV documentation in patient records). Doctors and nurses reported increased self-efficacy, understanding of referral resources, and understanding of legal issues; IPV knowledge was unchanged. Intervention clinics implemented new policies and procedures, increased patient education, and increased documentation of IPV screening, an improvement which was sustained at 2-year follow-up. Results suggest HCCW is a promising practice for improving the healthcare response to IPV.     

Marital cruelty: reconsidering lay attitudes in England,c. 1580 to 1850

The mid-eighteenth century is seen as a turning point after which English legal and lay attitudes to cruelty expanded from life-threatening violence to include a wider range of behaviours. This article reconsiders this chronology of changing ideas about marital cruelty. It follows the lead of recent scholarship that challenges the thesis of a ‘civilising’ process in attitudes towards state-violence and inter-personal violence and draws on new conclusions about marital relationships, spouses' gendered roles, and early modern manhood, which complicate simplistic views of patriarchal unions. Focusing upon the full array of acts – not just life-threatening ones – discussed in cruelty cases from c. 1580 onwards, this article questions the convention that social toleration for husbands' use of violence against their wives declined from the 1750s as part of an overall civilising process.     

Legal aspects of managing Big Data

Big Data is shorthand for the currently rapidly evolving techniques of gathering and analysing for competitive advantage vast unstructured and structured sets of digital data. Big Data is currently at an early stage of development, but many organisations will be embarking on Big Data projects in the next couple of years in order to be in a position to know more about their customers than their competitors. Central to the success of these projects will be four critical factors: (i) understanding the legal framework for Big Data and how it applies to the organisation concerned; (ii) effectively bringing together the organisation's IT and legal functions in the Big Data project; (iii) a clear understanding of the organisation's objectives for its Big Data operations; and (iv) a structured approach to the strategy, policy and process aspects of Big Data governance.     

Public investment in private problems: legal aid and the family justice system

This paper examines findings from the Legal Aid Board Research Unit's Case Profiling Study in the light of the current reform programmes for both legal aid and family law. The findings relate to over 650 legally aided family cases including divorce, separation, ancillary relief and Children Act 1989 applications. The main aim of the study was to gain a better understanding of what is currently funded by the legal aid fund. Costs have been related to stages of cases and to the strategies employed by solicitors. Finally, I comment on the future role of legal aid in family law, suggesting that, to a large extent, public investment will be maintained. Remuneration of service providers will evolve as systems of contracting are introduced in January 2000. There will be continued emphasis on family mediation as an alternative method of dispute resolution. However, cases involving issues relating to children and their welfare will remain within the scope of public support. Domestic violence and other emergency issues will also merit high priority. Although there will be extensive changes in other areas of legal aid, family law appears to remain relatively unscathed.     

AGE,GENDER, AND THE CRIME OF CRIMES: TOWARD A LIFE‐COURSE THEORY OF GENOCIDE PARTICIPATION*

This article asks whether genocide follows the age and gender distributions common to other crime. We develop and test a life‐course model of genocide participation to address this question using a new dataset of 1,068,192 cases tried in Rwanda's gacaca courts. Three types of prosecutions are considered: 1) inciting, organizing, or supervising violence; 2) killings and other physical assaults; and 3) offenses against property. By relying on systematic graphic comparisons, we find that the peak age of those tried in the gacaca courts was 34 years at the time of the genocide, which is older than the peak age for most other types of crime. We likewise find that women were more likely to participate in crimes against property and comparatively unlikely to commit genocidal murder. Symbolic–interactionist explanations of crime suggest people desist from crime as a result of shared understandings of the expectations of adulthood. We argue that this process may be turned on its head during genocide as participants may believe they are defending their communities against a perceived threat. Thus, in contrast to other criminological theories suggesting that people must desist from crime to be accorded adult status, some adults may participate in genocide to fulfill their duties as adult men.     

Roads diverged: An examination of violent and nonviolent pathways in the aftermath of the Bosnian war*

Despite renewed interest among criminologists in war and genocide, still understudied are the implications of mass violence for human development and behavior over the life course. By drawing on detailed life history data gathered from 55 male Bosnian refugees and nationals, in this work, I examine the shared beginnings of men who experienced the Bosnian war and genocide (1992–1995) in their youth, as well as examine their divergent pathways over time and across two distinct postwar contexts. My findings reveal that violent pathways are shaped by the confluence of social–psychological mechanisms (e.g., the normalization of violence) and exogenous risk factors (e.g., family disruption and loss of male role models). Compared with nonviolent men, who emphasize themes of catharsis and resilience, and the emulation of prosocial models of masculinity, violent men's narratives are distinguished by themes of persecution and exile, the emulation of violent role models, and contextual barriers to attaining valued masculine identities. Beyond the experience of war, these findings have implications for understanding how early experiences of chronic violence and community disruption shape turning points and cultural frames over the life course, and they indicate that studies of violent pathways should grant greater primacy to the social–historical context and the meaning individuals ascribe to their experiences.     

The Indeterminacy of an Emergency: Challenges to Criminal Jurisdiction in Constitutional Democracy

In this contribution I address the type of emergency that threatens a state’s monopoly of violence, meaning that the state’s competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of emergency, implicating that adequate measures as well as constitutional constraints to be imposed on such measures cannot easily be determined in advance. This indeterminacy raises two interrelated issues. Firstly, the issue of whether it makes sense to speak of criminal jurisdiction when the existing jurisdiction is challenged as such. To what extent does the indeterminacy call for inherently unlimited powers of the state, implying there can be no such thing as criminal jurisdiction during a state of emergency? Second—if criminal jurisdiction is not in contradiction with the state of emergency—the issue of what criminal liability could mean in such a state needs to be confronted. To what extent does the indeterminacy inherent in the state of emergency jeopardise criminal liability because such indeterminacy engenders severe legal uncertainty regarding the standards against which the relevant actions are to be judged? Both issues will be discussed from the perspective of constitutional democracy, assuming that what is at stake in times of emergency is both the competence to sustain the monopoly of violence and the possibility to constrain the powers of the state.     

Violence or justice? Gender-specific structures and strategies in early modern Europe

This article aims at getting a deeper understanding of gender-specific justification of violence in early modern legal discourse and practice. The analysis focuses on structures and strategies concerning women's supposed misconduct, disobedience and sexually suspicious acts, and violence related to this. The legal cases referred to originate from the secular lower courts' proceedings of the cities Stockholm and Munich in the late sixteenth and early seventeenth centuries.

In addition to acts perceived as crimes, such as rape, the term violence refers to those not necessarily qualified as wrong, such as domestic castigation. Furthermore, in this study, the subject violence also applies to discriminatory legal structures and customs. The core questions therefore are: To what extent were disciplinary and penal methods as well as other acts upon a woman's body understood as just and legitimate, to what extent and in what circumstances were they seen as violent and wrongful, and how did this reflect the contemporary gender roles?     

Optimizing risk mitigation in management of sexual offenders: a structural model

Sexual violence is an insidious and pervasive problem that insinuates itself into all aspects of contemporary society. It can neither be mitigated nor adequately controlled through current socio-legal practices. A more promising approach must embrace four integrated elements: (1) public policy, (2) primary prevention, (3) statutory management, and (3) secondary intervention. In the present paper we tackle the 3rd and 4th elements by proposing an integrated model for reducing and managing sexual violence among known sex offenders. Relying on the highly effective Risk-Need-Responsivity (RNR) model as the core of our Sex Offender Risk Mitigation and Management Model (SORM³), we draw together evidence based practices from clinical interventions and risk assessment strategies. Developed by Andrews & Bonta (2006), RNR has a strong empirical track record of efficacy when applied to diverse samples of offenders, including sex offenders (Hanson, Bourgon, Helmus, & Hodgson, 2009). We offer a detailed structural model that seeks to provide a more seamless integration of risk assessment with management and discretionary decisions, including a primary focus on RNR-based post-release aftercare. We end with the mantra that sex offender treatment alone will never effectively mitigate sexual violence in society, since the problem is not confined to the handful of offenders who spend time in prison and are offered some limited exposure to treatment. Any truly effective model must go well beyond the management of those known to be violent and embrace a comprehensive and integrated approach that begins by recognizing the seeds of sexual violence sown by society. Such a public health paradigm places victims - not offenders - at the center, forcing society to come to address the full gamut of hazards that fuel sexual violence.     

PROTECTING CHILDREN WHO WITNESS DOMESTIC VIOLENCE

This article argues that the Nicholson v. Williams case was decided wrongly because it does not adequately protect the interests and welfare of children who witness domestic violence. It contends that the legal system must do more to ensure the well-being of children who witness domestic violence before permitting them to remain in the custody of their mothers who were living in violent relationships. The article does not support the notion that victims of domestic violence should be prosecuted for failure to protect or child abuse but argues that evidence reveals how detrimental witnessing domestic violence is on a child and that this necessitates the need for stricter measures to be taken to protect children from this danger.     

The Direction of Violence Against Women Research and Evaluation

Although researchers have made numerous advances in the understanding of the nature, extent, and dynamics of violence against women (VAW), there is an ever-increasing need for data used in academic research and within policy decision-making to be collected via rigorous methodological designs to accurately measure the incidence and impact of VAW. What is now needed are research collaborations within an interdisciplinary research cluster that will expand understanding of the complex nature of VAW. The current article details an agenda or “call to action” to address deficiencies and advance VAW research, in addition to informing VAW intervention and prevention efforts.