The Critical Instance ‘After’ The Critique of the Subject

The central argument of this piece involves the idea that insofar as␣critique, with its two basic tropes of question and judgment, has been central to the ȁ8classical’ configuration of subjectivity, the critical instance ȁ8after’ the critique of the subject is to be found re-situated on a different philosophical terrain where the question of the question is re-thought and the logic of judgment displaced by an ethic of encounter. It is on this terrain that we can then start sketching the emergence of a different set of critical instances: critical ontologies, critical analytics and critical erotics.     

The crime of the century? The case for the Holocaust

With the twentieth century now ended the Holocaust is surelya leading contender for the title of ``The Crime of the Century.'Although a massive literature exists on the Holocaust, very littleof this literature has been produced by criminologists. Somereasons for this relative neglect are identified and a case ismade for the claim that criminology can contribute to anunderstanding of the Holocaust and that the Holocaust cancontribute to the development of a more profound criminology. Thispaper draws upon an integrative criminological approach toconstruct a framework for understanding the Holocaust. This multi-disciplinary framework links philosophical, sociolegal,sociological, behavioral and criminological dimensions todiscriminate between unique and non-unique aspects of the Holocaustas a case of genocide and as crime. The paper closes with someobservations on the relevance of the Holocaust for challengesconfronting a twenty-first century criminology.     

The End of the Beginning? The Freedom of Information Bill 1999

With the publication of its plans for a Bill on Freedom of Information, the new Labour government has been accused of abandoning its promise of greater openness in the way government is conducted in this country and its proposals are seen as a departure from the highly applauded contents of the White Paper published in December 1997. The draft Bill has been pilloried by friend and foe alike. It is seen as a litmus test of Blair's government and where it really stands on the citizen/state relationship and how the future balance will lie between the executive and Parliament. The authors examine the events surrounding the publication of the Bill and its scrutiny by the pre-legislative select committees in the Commons and Lords. The Home Secretary has hinted at possible concessions in the light of fierce criticism. Is this a Bill worth saving and how can it be improved to capture a more appropriate balance between confidentiality, secrecy, and openness in the conduct of modern governance?     

The “Central Meaning” and Path Dependence: The Madison-Meiklejohn-Brennan Nexus

Justice William J. Brennan's opinion in New York Times Co. v. Sullivan is widely recognized for many reasons, including, as articulated by Professor Harry Kalven, that it put “the First Amendment right side up for the first time” by identifying its “central meaning.” That meaning is the constitutional protection of speech critical of government and its officials – speech vital in a self-governing democracy. Justice Brennan's approach was derived, in part, from the writings of James Madison, to whom the justice refers generously throughout the opinion, and Alexander Meiklejohn, to whom Justice Brennan gave credit only after the fact. This article examines the philosophical lineage from Madison to Meiklejohn to Brennan, and does so through the lens of path dependence, a perspective that advocates that history matters. A critique of path dependence emerges.     

The ‘Usual Suspects’

Abstract

A key issue in contemporary criminology is the role that social status, and particularly race, plays in legal processes. Previous research suggests that criminal justice proceedings-including arrest, conviction, and sentencing rates-are influenced by victim and offender race, but rarely examines the role of race in reporting events to the police. The following research uses data from the rape sub-sample of the National Crime Victimization Survey of households 1992-2001; logistic regression analyses are conducted to determine how victim and offender race influence reporting of rape to the police, controlling for other incident characteristics. The findings suggest that rapes with a Black perpetrator are much more likely to be reported to police, regardless of whether the victim is white or Black.     

The first mail bomb?

A news item in the newspaper, the Evening Star, for the Country, October 18, 1833, probably is the first report of a mail bomb in the United States. It is also likely to be the first defusing of a mail bomb. The device appeared to be extraordinarily sophisticated and would have likely worked had it not been for suspicions of the recipient of the bomb.     

The world at their fingertips? The mental wellbeing of online distance-based law students

In recent years there has been an increased interest in student mental wellbeing within higher education. In terms of legal education, much of this has been focused upon the United States (US) and Australia, with a lack of United Kingdom (UK)-based empirical data available. Although there is now extensive provision of online distance learning options available to UK (and other) law students, there is a notable lack of research into the possible challenges which are specific to this form of tertiary offering. This paper seeks to contribute to the development of research in this area by reporting upon, and analysing, preliminary data gathered from an empirical study of the mental wellbeing of online distance learning law students.     

The European Court of Justice – The Need for Change in a Changing World

The article, from a speech delivered at the 11th Liverpool Law ReviewAnnual Lecture at The Law School, Liverpool John Moore's University, November 2001, before invited guests and students, considers the role and position of the European Courts in achieving the objectives of the treaties and institutions of the European Union. It examines the current position of the Court of Justice of the European Communities and the Court of First Instance of the European Communities and the implications of the structural changes introduced by the Amsterdam Treaty. The article reflects upon how the future accession to the Union of new Member States may affect that situation. It also considers how changes proposed in the Treaty of Nice, when ratified, will enable the European Courts to meet future demands placed upon them. This revised version was published online in August 2006 with corrections to the Cover Date.     

The Feasibility of Cost of Crime Estimations in Eastern Europe – The Case of Poland

Estimates of cost of crime have gradually been introduced into the public debate on crime policy. Estimates differ in their scope and methodologies and this impedes international comparisons. This article follows the model of estimating costs of crime developed under the 6th Framework Programme and provides the comparable results of costs of crime in Poland. The total costs of crime have been estimated at 5.1% of GDP. In particular, the victimisation costs of violent crimes have been estimated at 1.94% of GDP and the costs of property crimes against individuals at 0.5% of GDP. The results are in line with estimates for other countries and provide the relevant measure for any cost-benefit analysis of a crime policy.     

“The ties that bind”

This article investigates the different adaptive strategies migrants used to cope with their new surroundings. These strategies have proven to be useful in studying the behavior of migrants in the new country, as they focus on migrants' own actions and their way to play within the structures. Migrants' networks, such as family, friends, and ethnic organizations, were crucial in this. The article focuses on Polish migrants and their networks that supplied support and self-help which were a way of coping, although not to the same degree for every Polish migrant. Networks could also have a conservative and restrictive effect, particularly on women and children. The actions of the migrants were guided by a set of social and normative rules, but these were dynamic and changed according to the needs of the migrants in the new country. Over the generations, traditional values were adapted to the new environment. New ideas were taken from the American culture and modified to the Polish norm (Americanization and feminism in a Polish way).

“Let us become acquainted and know our strength” (from Album Szescdziesiatej [Anonymous 1954 Anonymous. 1954. Album Szescdziesiatej Rocznicy Polskiego Narodowego Katolickiego Kosciola 1897–1957, Scranton: “Straz” Printery.  [Google Scholar], p. 9]).     

The Critic’s Love of The Law: Intimate Observations on an Insular Jurisdiction

This article, which should not in any sense be taken to reflect the views of the Editorial Board of Law and Critique, argues that the political project of critical legal studies in England remains overwhelmingly in the future. Lacking academic identity, political purpose and ethical conviction, critical legal scholarship in England has been too insecure in its institutional place and too unconscious of its individual and collective desires to resist absorption into the institution. Critical legal studies – as distinct from feminist legal studies, gay and lesbian studies or critical race theory –has tended to teach and so reproduce the core curriculum in a passive and negative mode. Resistant, ostensibly for historical and political reasons, to self-criticism and indeed to self-reflection upon their institutional practices, critical scholars have ended up repeating the law that they came to critique and overcome. This revised version was published online in July 2006 with corrections to the Cover Date.     

The Enactment of Bayh–Dole

The Bayh–Dole Act of 1980 reversed 35 years of public policy and gave universities and small businesses the unfettered right to own inventions that resulted from federally funded research. The Act was opposed by the Carter administration, which had a different view of how to utilize the results of federally funded research to drive economic development. It is not widely appreciated that the bill had died in the regular sessions of the 96th Congress and was only passed into law in a lame duck session necessitated to pass the budget. Only a magnanimous gesture of respect for Senator Birch Bayh, who had been defeated in the 1980 election, on the part of Senator Russell Long allowed the bill to receive the unanimous consent needed to pass a bill in lame duck session. This article lays out the roles of the key congressional staffers who forged this historic compromise and the last minute maneuvers needed to obtain President Carters signature.     

The Sense of Justice—Introduction

Social Justice Research -     

The functional nature of police reform: The ‘myth’ of controlling the police

For at least fifty years, major movements attempted to reform police and their institutions through professionalization, policy making, and administrative decentralization. One major goal of these efforts was to subordinate street officer discretion to bureaucratic due process. Some recent evidence suggests that such reforms produced primarily the appearance of change without fundamentally altering the status quo. An alternative hypothesis is proposed: Reformers ignored the functional nature of the police role as community-based, extra-constitutional in peacekeeping situations, and reflective of the values related to the maintenance of order.

It may be that liberal society solves the anomaly of the police function by fostering the myth that police are subordinate to due process constraints, while leaving them relatively free in a practical sense to respond to the need for order maintenance and peacekeeping. Effective handling of disorder may require police autonomy, while attempting to subordinate them to bureaucratic control may impair this ability. Police accountability in liberal society, as well as the many reforms designed to achieve it, remains problematic, especially in light of a recent important study suggesting the possibility that police effectiveness against community disorder may be a casualty of many of these reforms.     

The ICC -- Quo Vadis?

The International Criminal Court (ICC) has had to face manyobjective difficulties in its initial stage. The self-referralsby Uganda and the Democratic Republic of Congo (DRC) pose problems.As for Uganda, the unsealing of the indictments is an achievementfor the Court; however, the rhetorical conflict between thereferring government and the ICC, the continued insecurity innorthern Uganda and the fact that the accused commanders arenot in the custody of the Ugandan authorities highlight thedependence of the ICC on the cooperation of national governments.As for the DRC, the transfer to The Hague of one of the indictees,Lubanga, is significant. Supporters of the ICC hope that thistrial will help to ease many doubts about the direction of theCourt, as the Tadi case was able to do for the InternationalCriminal Tribunal for the former Yugoslavia (ICTY). The SecurityCouncil referral of Darfur is a mixed blessing, on a numberof grounds. However, the posture of Sudanese authorities andthe worsening of the situation in Darfur and eastern Chad clearlyindicate that the ICC does not yet have a deterrence capability.     

The CLSR-LSPI Seminar – ‘The future of privacy regulation in the online world’

The annual CLSR-LSPI Seminar (www.lspi.net) took place on 19 September 2011 at the Sixth Legal, Security & Privacy Issues in IT Conference (LSPI) at University of Nicosia, Cyprus. The event, led by Prof. Steve Saxby, Editor-in-Chief of CLSR, invited contributions from five legal specialists on a variety of current issues dealing with the future of privacy. A lively discussion took place amongst those present after each intervention. The reports of those who presented are recorded below.