Transgression and Standard Theories: Contributions Toward Penal Abolition

In this paper I propose a transgression theory and a standard theory toward penal abolition. I argue that given the ubiquity of “crime” in human relationships, to speak of “criminal behavior” as deviant nullifies the concept deviance (abnormal, out of the ordinary, etc.). After demonstrating that empirically the opposite is the case, I argue for a transgression theory (that most human beings regularly act in ways that transgress the norms and laws they establish) and propose a standard theory (that human beings are both maintainers and transgressors of the social orders they establish). My paper challenges the foundational language (constructions) of “criminal justice” logic that ignore the continuity of the past in the present (white supremacy, neocolonialism, racial capitalism, and gendering enslavement), and that fortify discourse and practice from recognizing, eliminating and standing accountable by rectifying centuries of white privilege, heteronormativity, and the oppression of nonwhite bodies.     

Growing up Sexist: Challenges to Rawlsian Stability

John Rawls pinpoints stability as the driving force behind many of the changes to justice as fairness from A Theory of Justice to Political Liberalism. Current debates about Rawlsian stability have centered on the possibility of maintaining one’s allegiance to the principles of justice while largely ignoring how citizens acquire a sense of justice. However, evaluating the account of stability in political liberalism requires attention to the impact of reasonable pluralism on both of these issues. I will argue that the first question of Rawlsian stability – how a child acquires a sense of justice – remains unanswered in Political Liberalism. This fact has been overlooked by Rawls, his defenders, and his critics. The failure to attend to the ways reasonable pluralism undermines Rawls’s own story about a child’s moral development ultimately threatens Rawls’s account of stability in political liberalism – or so I will argue. Despite all of the changes Rawls makes to justice as fairness in order to resolve the stability challenge, Political Liberalism fails to deliver the robust stability Rawls seeks.     

Corrective Justice as A Principle of Criminal Law: A Prolegomenon

This article argues that corrective justice is an adequate principle of criminalization. On my interpretation, corrective justice holds that, in order for an action to count as a crime, there needs to be a plausible normative story about an offender having violated the interests of a victim in a way that disturbs their relationship as equal persons and a subsequent story about responding to crime in a way that corrects this disturbance. More specifically, I claim that corrective justice is concerned with the protection of interests that persons have in owning private goods throughout standard interactions with other persons. The argument proceeds in three steps. First, I specify the subject-matter that principles of criminal law need to ground and provide an outline of the idea of corrective justice. Second, I show that corrective justice can account for the main cases of crime and the salient modes of criminal responsibility. I also argue that corrective justice can make sense of two prima facie recalcitrant types of cases (rape and inchoate offenses). Third, and finally, I address two objections to my corrective justice theory of criminal law. The first concerns the implications corrective justice has for locating criminal law along the private/public law divide. The second objection raises the putatively problematic consequences corrective justice has for understanding the separation between criminal and civil law.     

Contesting policy that undermines restorative justice for victims of crime☆

A policy provision in the Criminal Victim Assistance Program in British Columbia excludes the offender from participating in restorative justice approaches with the victim (and other affected parties) during counseling. A historical analysis of victim responses to crime shows that the victim experience to crime is socially constructed. In this regard, this policy act that excludes offenders from the victim healing process is consistent with a traditional approach to justice, which understands the offender to have committed a crime against the state, not the victim; however, separating the offender from the healing process is problematic within a restorative framework of justice where relationality is a central premise. Using a restorative lens, this policy act is contrary to an accompanying statute that has explicit provisions for counseling support for crime victims, as well as other statutes that provide for restorative responses to crime in Canada. The way we counsel and support victims from the harms created by crime cannot be separated from our view of justice.     

Kant with Freud: Derrida’s Analysis of the Ancient Dream of Self-Punishment

During his 2000–2001 seminar on the death penalty, Jacques Derrida argues that Kant is the most ‘rigorous’ philosophical proponent of the death penalty and, thus, the thinker who poses the most serious objections to the kind of philosophical abolitionism that Derrida is trying to develop in his seminar. For Kant, the death penalty is the logical result of the fundamental principle of criminal law, namely, talionic law or the right of retaliation as a principle of pure, disinterested reason. In this paper, I demonstrate how Derrida attempts to undermine Kant’s defence of the death penalty by demonstrating both its internal contradictions (the tenuous distinction between poena forensis, that is, punishment by a court, and poena naturalis, natural punishment) and its strange affinities with the law of primitive peoples (as understood by Freud in Totem and Taboo). I argue that Derrida’s repeated returns throughout the seminar to Kant’s Metaphysics of Morals suggest that Kant’s seemingly rational defence of the death penalty is ultimately motivated by interests that belie the supposed disinterestedness of modern law and by a notion of natural justice that at once subtends and subverts all criminal law.     

Recalling an Unfair Experience Reduces Adolescents’ Dishonest Behavioral Intentions: The Mediating Role of Justice Sensitivity

Injustice experiences are likely to have a strong impact on—adolescents' life. However, individuals differ in how they perceive and respond to injustice depending on their justice sensitivity. Whereas several studies analyzed the relationships between justice sensitivity and antisocial behaviors in adult samples, little is known about this relationship among adolescents. The aim of the present experimental study is to expand knowledge on the antecedents and effects of justice sensitivity from the Victim (i.e., JS-Victim) and Others (i.e., JS-Observer, Perpetrator, and Beneficiary) perspective, particularly with regard to its relationship to willingness to act in dishonest behavioral intentions (e.g., stealing money or objects from classmates, teachers, or strangers). The study involved 369 Italian students (52% males; M _age = 16.64, SD = 1.78). We examined the role of justice sensitivity in the relationship between the recall of unfair, fair, or neutral episodes, and the consequent willingness to perform dishonest behaviors. Results demonstrate that recalling unfair (vs. fair or neutral) episodes leads to an increase in JS-Others, which in turn decreased willingness to behave dishonestly. Conversely, JS-Victim did not mediate the relationship between the recall of unfair episodes and intentions to behave dishonestly. The present findings suggest that during adolescence JS-Others might act as a protective factor against dishonest behaviors.     

Of Normal Human Sympathies and Clear Consciences: Comments on Hyman Gross’s <Emphasis Type="Italic">Crime and Punishment: A Concise Moral Critique</Emphasis>

Contemporary criminal justice systems are extraordinarily unfair. Focusing on Hyman Gross’s Crimes and Punishment: A Concise Moral Critique, however, I identify ways in which scholarly criticisms of these criminal justice systems tend to miss their target. In particular, I argue against the assumption that in order to criticize these criminal justice systems we need to cast doubt on the very practice of blaming people and on the notion of desert, or that we need to reject wholesale retributive rationales for punishment. Quite the contrary: an important reason why contemporary criminal justice systems are unfair is that they punish many people undeservedly.     

A victim-centered approach to justice? Victim satisfaction effects on third-party punishments

Three studies investigated whether victims' satisfaction with a restorative justice process influenced third-party assignments of punishment. Participants evaluated criminal offenses and victims' reactions to an initial restorative justice conference, and were later asked to indicate their support for additional punishment of the offender. Across the three studies, we found that victim satisfaction (relative to dissatisfaction) attenuates people's desire to seek offender punishment, regardless of offense severity (Study 2) or conflicting reports from a third-party observer (Study 3). This relationship was explained by the informational value of victim satisfaction: Participants inferred that victims felt closure and that offenders experienced value reform, both of which elevated participants' satisfaction with the restorative justice outcome. The informational value communicated by victim satisfaction, and its criminal justice implications, are discussed. (PsycINFO Database Record (c) 2012 APA, all rights reserved).     

Doing Green,Critical Criminology with an Auto-Ethnographic,Feminist Approach

In this article, I employ an auto-ethnographic methodology as a point of departure in order to explore my path into research on the legal and illegal trade in wild animals which, over the years, has consisted of interviews with experts and enforcement agencies in Brazil, Colombia and Norway including offenders (in Norway), and analysis of verdicts, interrogation reports, and custom seizure reports from Norway. I argue that research not only may, but should be value-driven and that a researcher’s personal biography can (1) provide additional insight into a research area; (2) serve to create rapport with informants; and (3) forge an important foundation for the formulation of research questions and the analysis of empirical data. Values also provide a platform for the choice of theoretical framework that is applied and which enhance and further knowledge within the field—in this case, perspectives of harm and justice, particularly species justice and eco-justice. The article calls for a stronger interdisciplinary approach in green criminology—one that includes feminist care ethics, philosophy and compassionate conservation perspectives, and which offers a more radical critique of human exploitation of ‘wildlife’ specifically and other animals more generally.     

On the Value of Constitutions and Judicial Review

In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this conclusion. I argue that Harel’s ontological claim is unsustainable, and that his axiological claim needs revision. Regarding the former, I show that constitutions and judicial review are only contingent constituents of a just society. Regarding the latter, I contest Harel’s specific account of the value of constitutions and judicial review. Harel grounds the non-instrumental value of constitutions in freedom as non-domination but, upon scrutiny, it emerges that their non-instrumental value lies elsewhere. Further, Harel holds that the non-instrumental value of judicial review stems from its embodying a right to a fair hearing. I argue that this right has non-instrumental value only under a particular set of circumstances. I thus conclude, contrary to Harel, that the non-instrumental value of judicial review is contingent on those circumstances obtaining.     

Public Attitudes in Australia to the Reintegration of ex-Offenders: Testing a Belief in Redeemability (BiR) scale

We report the results of a large scale Australian survey of public attitudes to offender reintegration. A representative sample of 1215 respondents gave their views about the possibility that offenders could make a good life for themselves after having committed crime. Views expressed were significantly positive with around four out of five respondents indicating they believed reintegration was possible and should be attempted. On the basis of the responses an overall score was calculated for each respondent. Analysis of the data suggested that three factors contributed to the overall score. We named these: Human capital, Possibility of change and Agency and the rationale for these is discussed. Some demographic factors (age, gender, presence of children in the household and highest level of schooling) were significantly related to scores in one of the components. Respondents also reported whether they, or someone close to them, had been a victim of crime or had been arrested, and whether they had worked in the field of law enforcement or the field of human services. Inclusion in these categories was found to be significantly related to certain components of the overall score. These findings are discussed in the light of related surveys in other jurisdictions and we invite other researchers to use the scale and suggest improvements.     

Organizational Justice Comes of Age: Review of the <Emphasis Type="Italic">Oxford Handbook of Justice in the Workplace</Emphasis> Edited by Russell Cropanzano and Maureen Ambrose

The subfield of organizational justice has entered young adulthood. Its scientific achievements from conception to contemporary applications are represented in The Oxford Handbook of Justice in the Workplace, edited by Russell Cropanzano and Maureen Ambrose. The Handbook highlights advances in the field’s theoretical foundations, measurements, and applications. This Handbook follows a decade on the heels of its predecessor, Handbook of Organizational Justice, edited by Jerald Greenberg and Jason Colquitt. In 2005 the justice field was dominated by developmental debates over esoteric definitions of various facets of organizational justice, whereas the present Handbook reflects construct refinement, orientation to detail, and theoretical nuance that comes with maturation. This timely release therefore offers a fitting opportunity to reflect on key trends over the last 10 years and to consider the future of organizational justice research. This collection of comprehensive chapters meticulously compiled by the luminaries of organizational justice shows that organizational justice is still young, developing, and full of potential to influence the world.     

Once Again on the *Hetucakraḍamaru: Rotating the Wheels

The little versified treatise on the elements of Buddhist logic, often referred to as the Hetucakra?amaru, is usually attributed to Dignāga. It is only available in a Tibetan translation and quotations from a few of its verses are extant in Sanskrit sources. On the basis of a novel interpretation that is based on a critical edition of the text, we argue that there is a good reason why its title was Hetucakra?amaru - a ?amaru is a two-headed drum. The “heads” of the drum are circular and they refer to the sapak?a and vipak?a conditions of the logical reason (hetu). These “wheels” can be turned clock-wise and counter clock-wise. The nine positions that are located on the wheels do remind one of a dharmacakra, which has a center and eight positions that are placed around it as if it were a compass. We illustrate our interpretation of the text by means of various diagrams.     

Punishment and Beyond: Achieving Justice Through the Satisfaction of Multiple Goals

We investigated the hypothesis that people's need for punishment does not preclude a desire for restorative sanctions that address the repairing of the harm to victims and communities caused by wrongdoing. Study 1 showed that although people felt it was important to punish the offender to achieve justice, they viewed additional justice goals as equally necessary. Study 2 revealed that people viewed sanctions as differentially able to fulfill various justice goals. Study 3 showed that the target on which respondents focused—the offender, victim, or community—determined which sanctions they selected to achieve justice; and that people did tend, by default, to focus on punishing the offender when responding to crime. These findings, taken together, suggest that people view the satisfaction of multiple justice goals as an appropriate and just response to wrongdoing, which allows for a possible reconciliation between the "conflicting" goals of restorative and retributive justice.     

Hearing Voice: A Theoretical Framework for Truth Commission Testimony

The article proposes a new way of thinking through truth commissions by discerning the manner in which they usher in new political configurations through voices and vocalizations. It contributes to our understanding of truth commissions by way of proposing a pragmatic ontology of bonds between the body, voice, and testimony by elucidating the central features that make them vocal assemblages, composed of five sub-institutional capacities: (1) they affect and are affected by bodies in a complex topological relation; (2) they are driven by an apology, which itself proffers a non-human body of transformation; (3) they potentiate reconciliation through spontaneous vocalizations; (4) they are ontogenetic openings that reassemble national pasts, presents, and futures; and (5) they are temporally experiential predecessors to political action. While victim testimony is taken as a historical crowning of the edifice for nations seeking to mend their past injustices, I contend that public reparation flourishes only if the state is open to the alternative orientations the voice proffers—that is, following recent observations of transitional justice, truth commissions have the potential to seek out alternative context-specific forms of justice in place of a universal law of reconciliation. By way of a brief discussion of Aboriginal artist K.C. Adams’ diptych series, Perception, the article proposes that voices pose a nuanced figuration of auto-affection as a communicative possibility towards the (re)presentation and (re)invention of the (survivor) self.     

Sāṃkhya and Yoga: Towards an Integrative Approach

Sā?khya and yoga are normally discussed either as topics in philosophy or as subjects of historical and philological inquiry. In this paper, I will attempt to demonstrate that, before separate developments appeared in the areas of both sā?khya and yoga (or perhaps at the same time as these separate developments appeared), at least some brahmins seemed to have espoused the idea that any physical exertion (tapas) or harnessing to a specific task (yoga) had to be preceded by an intellectual approach to reality and possibly by a thorough enumeration of its principles (sa?khyā). I come at this question from three different angles. I first analyze Kapila’s actions in the Sagara episode. The double presence of a yogācārya and a sā?khyācārya in certain cosmogonies provides a second approach to the question. The third angle will be a study of the significance of a coordinated emphasis on kratu and dak?a in the Vedic context. These apparently disconnected themes actually point in a single direction, and they contribute to an understanding of sā?khya and yoga as linked together as a binary pair of complementary attitudes (which, of course, does not preclude their separate development in other contexts).     

Stealing more is better? An economic analysis of Islamic law of theft

This study is the first attempt (in the field of Law and Economics) to apply economic analysis to shari’a or Islamic criminal law, in particular, that aspect of the law pertaining to theft. Shari’a imposes two main punishments for theft; hadd, a fixed penalty of amputation of the offender’s right hand under certain conditions and ta’zir, a discretionary punishment, less severe than hadd. From the viewpoint of marginal deterrence and multiplier principles, lesser crimes with low social harm are punished more severely with hadd whereas crimes with high social harm are punished with ta’zir. Moreover, as the probability of detection and sanction is less in those crimes of high social harm, criminals would have more incentive to commit them. Consequently, if Islamic criminal law is to be applied in its current form, crimes of high social cost are likely to become more frequent.     

Drug Treatment Policy in the Criminal Justice System: A Scoping Literature Review

This scoping review sought to map the emerging evidence on use of harm minimization drug treatment programs in criminal justice settings. A search of various data bases including Cochrane Database of Systematic Reviews Medline, ProQuest, SAGE Premier, Scopus, Taylor & Francis Online, and Web of Science yielded eight studies that met inclusion criteria. The available evidence suggests increasing adoption of harm minimization policy oriented programs by countries around the world. Specific programs adopted include needle and syringe exchange, methadone maintenance, buprenorphine maintenance and treatment in lieu of incarceration. Each of these programs has evidence to support their effectiveness in relation to individual harm reduction, disease reduction, increase treatment retention and reduced criminality. This article considers implications of the adoption of harm minimization policies by criminal justice systems.     

(Close) the Door,the King (is Going): The Development of Elliptical Resolution in Bhāṭṭa Mīmāṃsā

This paper examines three commentaries on the ?abdapariccheda in Kumārila Bha??a’s ?lokavārttika, along with the the seventeenth century Bhā??a Mīmā?sā work, the Mānameyodaya. The focus is the Mīmā?sā principle that only sentences communicate qualified meanings and Kumārila’s discussion of a potential counter-example to this claim–single words which appear to communicate such content. I argue that there is some conflict among commentators over precisely what Kumārila describes with the phrase sāmarthyād anumeyetvād, although he is most likely describing ellipsis completion through arthāpatti. The paper attempts both a cogent exegesis and philosophical evaluation of the Bhā??a Mīmā?sā view of ellipsis completion, arguing that there remain internal tensions in the account of ellipsis preferred by the Bhā??a, tensions which are not entirely resolved even by the late date of the Mānameyodaya.     

‘Omnus et Singulatim’: Establishing the Relationship Between Transitional Justice and Neoliberalism

First developed by human rights lawyers and activists, transitional justice emerged from the so-called third wave of democratisations in Latin America. Over the last 30 years, transitional justice has risen to become a ‘global project’ of global governance. Locating the emergence of transitional justice within the global rise of neoliberalism, this article shows that transitional justice serves an important function in regards to the particularly neoliberal contours of many transitions. Understanding this relation, the article argues, is best served with recourse to what Wendy Brown describes as neoliberalism’s practice of omnus et singulatim, a double process through which ‘communities’ are gathered together as stakeholders to take part in economic activities whilst simultaneously being individualised as ‘responsibilised’ and self-sufficient entrepreneurial units. Taking this concept, I argue that transitional justice also undertakes a process of omnus et singulatim that usefully prefigures and supports processes of neoliberalisation during ‘transition’. Transitional justice, it concludes, does the necessary work of bringing conflictual, traumatised, societies back together, whilst doing so on terms that do not threaten but instead prefigure the individualising demands made upon subjects at the sites of neoliberal transition.