共查询到20条相似文献,搜索用时 314 毫秒
1.
Nicholas Kyriazis 《European Journal of Law and Economics》2009,27(2):109-127
The present essay analyses Athenian finances during the fourth century BC, the ‘Age of Demosthenes’, from both the revenue
and expenditure points of view. It examines how Athenians practiced the concept of ‘economic democracy’ on matters of public
choice, and the sometimes ingenious solutions they adopted for financing public goods such as defense, education and ‘social
security’. Ancient Athens, the ‘prototype’ political democracy, was advanced also in matters of public administration, finance
and institutions, on which political democracy was based and without their smooth running could not have functioned.
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Nicholas KyriazisEmail: |
2.
Giuseppe Bronzini 《Law and Critique》2008,19(3):255-274
This essay examines the problems that many scholars raise when referring to the EU’s chances of implementing a true, original
and effective social model, capable of renewing the Welfare State model developed after the Second World War. The analysis
is conducted in the light of the process of ‘constitutionalisation’ in the European Union and of the Lisbon Treaty. Following
a constructive approach, the author examines the current debate among European public actors on this issue, with particular
emphasis on the ‘advanced enforcement’ of the Nice Bill of Rights evident in the jurisprudence of the European Courts as well
as in recently published European Commission documents on ‘flexicurity’.
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Giuseppe BronziniEmail: |
3.
Eric Heinze 《Law and Critique》2009,20(1):79-103
The seventeenth century placed Western political thought on a path increasingly concerned with ascertaining the legitimacy
of a determinate individual, parliamentary or popular sovereign. As early as Shakespeare, however, a parallel literary tradition
serves not to systematise, but to problematise the discourses used to assert the legitimacy with which control over law and
government is exercised. This article examines discourses of legal and political legitimacy spawned in early modernity. It
is argued that basic notions of ‘right’, ‘duty’, ‘justice’ and ‘power’ (corresponding, in their more vivid manifestations,
to categories of ‘heir’, ‘celebrity’, ‘martyr’ and ‘monster’) combine in discrete, but always encumbered ways, to generate
a variety of legitimating discourses. Whilst transcendentalist versions of those discourses begin to wane, their secular analogues
acquire steadily greater force. In addition to the Shakespearean histories, works of John Milton, Pierre Corneille, Jean Racine,
Friedrich Schiller and Richard Wagner are examined, along with some more contemporary or ironic renderings.
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Eric HeinzeEmail: |
4.
Antonio Negri 《Law and Critique》2008,19(3):335-343
The only way of entering the world of ‘fragmented law’ (or ‘societal constitutionalism’) is arguably to make normative fragmentation
correspond with constituent excess. As Foucault would say, once we are involved in an ‘epistemic crisis’, we must then modify
those systems that organise knowledge in conjunction with the very forms that produce it. This contribution considers some
privileged forms of critique and reconstruction beyond normative fragmentation and essentially argues in favour of governance
dynamics, as well as for ontological devices engaged in the production of subjectivity.
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Antonio NegriEmail: |
5.
Michael Blecher 《Law and Critique》2008,19(3):297-306
The governance phenomenon brings law back to its very ‘origin’, namely, law-making (‘Recht-Fertigung’), and reveals that law
is not anchored to a specific ‘polis’ or to Hobbesian statehood, but is able to pursue different forms of ‘the common’ as
long as its paradox function is fulfilled. Law recognises and develops normative standards for the creation of social structures
while also leading a continuous battle against any restrictions to democracy, common wealth and justice connected to these
structures. Law here acts ‘politically’ and in affinity to social movements that struggle against any form of social ‘immunisation’.
This article analyses the conditions of this affinity and its consequences for the concept of ‘justice’.
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Michael BlecherEmail: |
6.
Anne Dray Lorraine Mazerolle Pascal Perez Alison Ritter 《Journal of Experimental Criminology》2008,4(3):267-287
Our paper examines how street-level drug markets adapt to a macro-level disruption to the supply of heroin, under three experimental
conditions of street-level drug law enforcement: random patrol, hot-spot policing and problem-orientated policing. We utilize
an agent-based model to explore the relative impact of abstractions of these three law enforcement strategies after simulating
an ‘external shock’ to the supply of heroin to the street-level drug market. We use 3 years of data, which include the period
of the ‘heroin drought’ in Melbourne (Australia) that commenced in late 2000 and early 2001, to measure changes in a selected
range of crime and harm indicators under the three policing conditions. Our results show that macro-level disruptions to drug
supply have a limited impact on street-level market dynamics when there is a ready replacement drug. By contrast, street-level
police interventions are shown to vary in their capacity to alter drug market dynamics. Importantly, our laboratory abstraction
of problem-orientated policing is shown to be the optimal strategy to disrupt street-level injecting-drug markets, reduce
crimes and minimize harm, regardless of the type of drug being supplied to the market.
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Alison RitterEmail: |
7.
8.
Carrol Clarkson 《Law and Critique》2007,18(3):361-374
This paper explores the implications of uses of the word ‘we’ in post-apartheid South African fiction. ‘We’ in these novels
is typically a contested linguistic site – which tells of the loss of inherited communities, and reflects the ethically complex
negotiations of a ‘we’ perhaps still to come. Yet if the internal narratives assert a loss of community, each event of the
novel’s being-read inaugurates a new ‘community’ of readers. The paper considers the ethical implications of the act of reading
a literary text in post-apartheid South Africa. In the course of the argument, I draw links between African philosophies of
community, and Jean-Luc Nancy’s proposition that ‘I’ does not precede ‘we’. Thus I suggest some ways in which philosophies
from Africa contribute towards current debates about ‘we’ in contemporary continental philosophy.
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Carrol ClarksonEmail: |
9.
Corruption is a serious and enduring problem in Turkey. As such, a series of sustained and synchronized actions are needed
to promote integrity, and to prevent and punish corrupt practices in public life. In most recent years, subsequent cabinets
have promulgated a set of laws, regulations, and measures in the name of fighting against corruption. Yet, building a clean
government remains as a daunting, if not insurmountable, task for policy makers and the public at large in Turkey. The current
paper begins with a brief introduction, summarizing the need for new, more effective anti-corruption policies and practices
in the country. Then, it succinctly describes and assesses the main ‘pillars’ of the ‘national integrity system.’ The paper
moves on to identify and evaluate the chief ‘perils,’ challenges and risks associated with efforts aiming to contribute to
integrity, transparency and accountability in Turkish society. Finally, the paper discusses the ‘prospects’ for building a
clean government in Turkey in the near future. Among the issues brought to the present debate are: the need for a credible
commitment by the ruling elites for establishing a well-functioning integrity regime; effective coordination and collaboration
among a wide range of institutional actors; developing a set of coherent principles and policies; and creating capacity to
prevent, prosecute, and punish corrupt behaviors. It is also argued that building a clean government in Turkey requires a
strong and sustainable coalition among the clean, the competent, and the competitive.
相似文献
Muhittin Acar (Corresponding author)Email: |
Uğur EmekEmail: |
10.
Official and victimisation data show that despite falling rates for motor vehicle thefts, much of the EU ‘organized crime’
related thefts have remained almost stable. Nevertheless, the car-theft market in the EU has changed, and so has the role
of traditional destinations for stolen vehicles, such as Eastern Europe. The paper examines the demand, supply, and regulation
factors that shape the structures of the vehicle theft market in Bulgaria, and smuggling patterns and offender behaviour in
source countries, in particular Spain. We argue that such nuanced historical approach that takes into account a wider range
of factors in destination countries can help explain the recent transformations in Europe’s vehicle-theft markets.
相似文献
Tihomir BezlovEmail: |
11.
Constructing Women Who Experience Male Violence: Criminal Legal Discourse and Individual Experiences
Helen Baker 《Liverpool Law Review》2008,29(2):123-142
This article examines the relationship between how women who experience violence from a male partner construct themselves,
and how criminal legal discourse constructs female victims of violence. It is argued that in both arenas, women are constructed
according to norms which emanate from a discourse of conventional femininity which operates together with a practice of shame.
Utilising empirical data gained from qualitative interviews with women who experienced male violence, the article contends
that the construction of the female victim of violence in criminal legal discourses as imbued with stereotypical ‘feminine’
characteristics such as passivity and weakness, may influence these women’s own construction and understanding of themselves.
The existence of a practice of shame further consolidates the self-regulation of the women themselves to these norms of femininity.
This construction is posited to be problematic as the experiences of women of male violence rarely ‘fit’ within these explanations.
The article contends that in order to better understand women’s experiences of male violence; both criminal legal and individual
women’s discourses need to be read in terms of the power, knowledge and effects which they exert upon individual women. It
is argued that this alternative reading of these discourses has the potential for transformation as they are invested in the
subject.
相似文献
Helen BakerEmail: |
12.
Richard L. Lippke 《Criminal Law and Philosophy》2008,2(3):259-268
Steven Tudor defends the mitigation of criminal sentences in cases in which offenders are genuinely remorseful for their crimes.
More than this, he takes the principle that such remorse-based sentence reductions are appropriate to be a ‘well-settled legal
principle’—so well settled, in fact, that ‘it is among those deep-seated commitments which can serve to test general theories
as much as they are tested by them’. However, his account of why remorse should reduce punishment is strongly philosophical
in character. He sets to one side the many practical difficulties in implementing such reductions in the real world of criminal
justice institutions so that he can focus on the question of whether a plausible account of sentencing can show that remorse
should mitigate punishment. I contend that Tudor’s defense of such reductions is unpersuasive in certain respects. Yet even
if it can be made more persuasive, I argue that the conditions that would have to be satisfied for remorse-based sentence
reductions to be justifiably implemented are so many and various that they would likely exceed our abilities to responsibly
grant them in real world legal contexts. I therefore claim that Tudor has failed to provide a defense of the ‘remorse principle’
that serves to explain or justify existing legal practices.
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Richard L. LippkeEmail: |
13.
Jane Johnson 《Criminal Law and Philosophy》2008,2(3):291-307
The standard view of Kant’s retributivism, as well as its more recent reworking in the ‘limited’ or ‘partial’ retributivist
reading are, it is argued here, inadequate accounts of Kant on punishment. In the case of the former, the view is too limited
and superficial, and in the latter it is simply inaccurate as an interpretation of Kant. Instead, this paper argues that a
more sophisticated and accurate rendering of Kant on punishment can be obtained by looking to his construction of the concept
of justice. In so doing, not only is a superior account of Kant furnished, but also one up to the task of resolving the vexed
issue of justifying legal punishment.
相似文献
Jane JohnsonEmail: |
14.
Nicholas Dorn 《Crime, Law and Social Change》2009,51(2):283-295
So much has been written—and vigorously contested—about ‘organised crime’ (OC) that the impending fall of this familiar icon
may come as a shock, both to its detractors and to those who take it for granted. Yet that moment may be upon us, for reasons
that this paper will explore, as the European Union shifts the vocabulary within which policies on police cooperation are
articulated. A pivot of this change is the EU Council Decision on Europol, first debated by the Council in late 2006 and anticipated
as applying from 2010 onwards. This will shift the scope of Europol’s work from ‘organised crime’ (attributing qualities to
criminality) to ‘serious crime’ (concern with impacts and harms falling on individual and collective victims); will transfer
financing of Europol to the Community budget; and so will initiate parliamentary scrutiny. These issues in security governance
are explored from ‘northern’, ‘southern’ and ‘eastern’ European perspectives and in the contexts of ongoing enlargement and
democratisation of the EU.
相似文献
Nicholas DornEmail: |
15.
Shaun Whitehead Jen Mailley Ian Storer John McCardle George Torrens Graham Farrell 《European Journal on Criminal Policy and Research》2008,14(1):39-60
Anti-theft designs relating to mobile phones are reviewed. The physical and electronic design of handsets includes visual
deterrents, owner-identification, and handset tracking options. The systems design of phone networks includes the blacklisting
of stolen phones. Other measures include biometric-locking of handsets, and designs that encourage ‘safe’ phone use and transportation.
Characteristics that promote anti-theft designs are proposed and form the acronym ‘IN SAFE HANDS’: identifiable, neutral,
seen, attached, findable, executable, hidden, automatic, necessary, detectable, and secure. The set of characteristics is
presented as a heuristic device to aid designing-out crime from frequently stolen electronic goods.
相似文献
Graham FarrellEmail: |
16.
George Pavlich 《Criminal Law and Philosophy》2007,1(1):79-97
In crime-obsessed cultures, the rudimentary trajectories of criminalizing processes are often overlooked. Specifically, processes of accusation that arrest everyday life, and enable possible enunciations of a criminal identity, seldom attract sustained attention. In efforts at redress, this paper considers discursive reference points through which contextually credible accusations of ‘crime’ are mounted. Focusing particularly on the ethical dimensions of what might be considered a ‘lore’ (rather than law) of criminal accusation, it examines several ways that exemplary cases reflect paradigms of accusatorial practice, accuser identity formation and accused response. With such assumptive grids in mind, the paper signals the potential value of rescuing accusation from fundamental attachments to (a criminally defined) order and disorder, as well as images of a distinct accuser and accused offender. It then alludes to the prospect of pursuing justice through less exclusive forms of accusation
相似文献
George PavlichEmail: Phone: +1-780-4925343Fax: +1-780-4927196 |
17.
From walls to membranes: fortress polis and the governance of urban public space in 21st century Britain 总被引:1,自引:0,他引:1
Drawing on the work of Paul Virilio, this paper addresses changes in the architectural and legal topography of the urban landscape
through an examination of regulatory patterns, which increasingly intensify governance through, and as, ‘control’. Such regulation
is ambivalent in that it cuts across many traditionally discrete regimes of power melding them into new forms with new effects;
as a consequence it is no longer sufficient to think in terms of such distinctions as private/public, civil/criminal, and
so on. This paper argues that a concern with patterns of enclosure and privatisation in our urban centres must now be placed
within the context of changes in architectural practice and technology, which the authors term ‘open architecture’, and the
embedding of governance through partnership, which give particular emphasis to the use of dematerialised and diffused modes
of control. The paper utilises Virilio’s history and image of the fortress, which he tracks from a material form to a dematerialised
form, to envisage these developments and to provide the foundation for an understanding of the importance of the development
of practices of surveillance into, what the authors term, ‘total registration’ as a feature and function of governance through
‘control’.
相似文献
Nathan MooreEmail: |
18.
Kimberly Kessler Ferzan 《Criminal Law and Philosophy》2009,3(1):97-101
This commentary on Michael Cahill’s Grading Arson argues that Cahill’s analysis inevitably leads to three possible conclusions. First, arson does not belong in criminal codes.
Second, crimes of manner do not belong in criminal codes. And, third, the special part needs serious reconsideration. Although
Cahill is reticent to draw any of these conclusions, this commentary urges Cahill to embrace all three.
相似文献
Kimberly Kessler FerzanEmail: |
19.
Roderik Ponds 《The Journal of Technology Transfer》2009,34(1):76-94
This study analyses international research collaboration for eight science-based technologies in the Netherlands for the period
1988–2004. It is found that the share of international research collaborations in research collaboration is high, but not
rising during the period investigated. This result suggests that the process of internationalization has reached an end. It
is also found that collaboration between academic and non-academic organizations is less likely to take place at the international
level than collaboration between academic organizations. This suggests that collaborating within national research systems
helps academia, firms and governmental organizations to overcome differences in norms, values and incentives. Nonetheless,
international collaboration between academic and non-academic organizations is also frequently occurring. Some consider these
collaborations as undesirable, insofar academic research funded domestically is ‘leaking’ to foreign firms in such research
collaborations. Such unwanted knowledge spillovers has lead some to plea for a ‘technology-nationalism’ in science policy
instead of a ‘techno-globalization’. An analysis of the ‘balance of trade’ in international collaborations between Dutch academia
and foreign firms and between Dutch firms and foreign academia shows that fears for unwanted knowledge spillovers are unfounded.
相似文献
Roderik PondsEmail: |
20.
Derek Dalton 《Law and Critique》2007,18(3):375-405
Drawing on interview data of gay men who have had their behavior in public spaces scrutinised by agents of the law for signs
deviance, this article explores the historical characteristics of police animosity towards such conduct in Australia. This
entails examining encounters between police and gay men who pursue desire in ‘beat’ (or ‘cottage’ to the use the UK term) spaces. Exploring why these outlaw gay male subjects are so abject and troubling to the law, the
discussion documents how law’s desire to regulate gay men plays out in the masquerade of ‘plain-clothes’ agent
provocateur operations where police entrap gay men by mimicking gay bodily appearances, gestures and mannerisms. This article also examines
how police regulation of gay desire functions as a form of violence that delimits expressions of same sex desire in public
spaces. A key theme that underpins the analyses in this paper is that the policing of desire in ‘beat’ spaces helps produce qualities of illicitness and dangerousness and that this, in turn, fuels the circuit of desire at play
between gay men and agents of the law.
相似文献
Derek DaltonEmail: |