Building Trust: Social Capital, Distributive Justice, and Loyalty to the Firm

Trust is essential to successful business relations, particularly to the efficient operation of law firms. Trust fosters productive working relationships, favorable reputations, and a lucrative clientele. This paper contributes to research on law firm development through a consideration of social dynamics within law firms beyond traditional emphases on trading relationships and community solidarity. We introduce a social capital perspective on the evolution of trust and its consequences for commitment to the law firm. We argue that trust, specifically in the form of perceived distributive justice, is created and nurtured through social integration among law firm members. Yet, for women, who continue to be denied full access to these social networks and professional rewards, trust is undermined. Exclusion and emerging distrust prompt women to contemplate leaving their respective firms. This paper examines the bases of differential levels of trust and their impact on lawyers'intentions to leave practice.     

From Betrayal to Violence: Dante's Inferno and the Social Construction of Crime

This essay reflects on contemporary justifications for the grading of crimes, especially the conception that the gravity of crimes is rooted in "desert," understood to depend particularly on the offender's state of mind and to a lesser extent on the harm done or threatened to society.
Drawing on Dante's Inferno, the essay shows how the gravity of crimes is socially constructed. For reasons rooted in the sociopolitical forces, as well as the philosophy and law of his day, Dante found the crimes most deserving of punishment to be those of betrayal of trust. He conceived such crimes to be the most deliberate and to do the most damage to the social fabric. Contemporary law has found that crimes of betrayal are generally less deserving of punishment than crimes of violence; the essay shows how social and historical forces, including even the traditions upon which Dante drew, have shaped this choice. In the course of grading crimes in this way, the law has altered its conceptions of "intent" as well as of harm to society so radically that the notion of "desert" has lost much of its coherence. The importance of trust in modern society, moreover, has been misunderstood in the contemporary grading of crimes.     

From corruption to extortion: Conceptualization of post-communist corruption

Moral outrage and lack of comparison distorts the understanding of the natureand politically determined functions of governmental corruption in post-communist transition. As post-communist societies move towards open market systems and corruption is no longer limited to the public sector, politics is transformed into a potent tool for illegal transactions. The political structureitself creates corrupt practices that become a structural feature of transition societies. This article offers first a critical discussion of both moral theories of corruption and the thesis that posits a link between corruption and democracy deficit in post-communist countries. Subsequently, it sketches a neo-functionalist approach that puts corruption in a specific social context.With respect to East/Central Europe, corruption is presented as a betrayal ofpublic trust that serves specific requirements of an emerging ``extortioniststate.' These requirements relate to the expansion of extortion opportunitiesand their institutionalization into a semblance of a Tule of law system.     

The tussle with trust: Trust in the news media ecology

This article offers a conceptual exploration of the changing notion of trust and distrust in today's news media ecology. Central is the question whether the relationship between the traditional media actors, media organisations, journalists and news users, can be increasingly characterised by distrust. Do we really notice a decline in trust in the news media? And moreover, are these feelings of distrust grounded? In order to answer these questions, we look at the changing economic, technological and societal context and how this might explain the strained relationship between these actors. We find that to a large extent the goals of the media actors diverge or even conflict. Mutually bridging these goals is difficult as they boil down to ideological and normative choices. This requires us to reconsider our ways of looking at trust. Therefore, this article's central argument is that a trusted relationship between the media actors is unlikely to result from a definitive settlement between the actor's conflicting goals. Rather, maintaining a trusted relationship is likely to become a matter of constant renegotiation. For this renegotiation to succeed, transparency and integrity are key. We find inspiration in the recent work of Solove (2001), Nissenbaum (2004) and Mansell (2008, forthcoming) to take a different, more contextual approach towards the notion of trust. As regards the relationship between news organisations and users, we suggest these norms should be negotiated in a balanced and transparent way, giving users an equal say in the process. The relationship between journalists and news users should be guided by a mutual interest in truth telling, whereby users are not only merely seen as consumers, but also as potential contributors to news stories. Policy makers in turn should act as facilitators of such spaces of renegotiation.     

Social Capital and Satisfaction with Crime Control in Urban China

By applying the symbolic perspective to the context of Chinese urban society, this paper examines how three dimensions of social capital—social trust, social bonds, and social cohesion—are associated with satisfaction with crime control among Chinese urban residents. The individual-level data from the 2005 China General Social Survey (CGSS) are linked with provincial-level data on arrest rates and economic and demographic characteristics. The analysis shows that bridging trust and neighborhood cohesion are significantly positively related to satisfaction with crime control. The effects of bonding trust and social bonds on satisfaction with crime control are not significant. The results provide partial support for the symbolic theoretical perspective and extend our understandings of the impact of diverse forms of social capital on crime control attitudes to a non-Western context.     

The Developing Habitus of the Anti‐Social Behaviour Practitioner: From Expansion in Years of Plenty to Surviving the Age of Austerity

Specialist anti‐social behaviour units are common within social housing providers, with many established in response to the policies of the New Labour governments of 1997–2010. These units now find themselves operating in a different political and financial environment. Following the English riots of 2011, the Coalition government, whilst imposing budgetary cuts across the public sector, called on social housing providers to intensify their role in tackling disorder. This article explores the habitus or working cultures within anti‐social behaviour units post‐New Labour. It does so through empirical research conducted in the aftermath of the English riots. The research finds that practitioners view their work as a core function of social housing provision. They have developed an understanding of human behaviour, which crosses the criminal and social policy fields with a wide skillset to match. A number of factors including national policy, community expectations, and multi‐partnership engagement influence their dynamic working culture.     

论政治信任的结构

政治信任不同于合法性,合法性是对统治正当性的提问,政治信任包括政治体系的信任和政府信任,也包括公民之间的信任。信任对象的结构性特点决定了政治信任是不断调整的动态过程,局部的政治不信任并不会危及政治合法性。信任是基于对过去可靠性的对未来的合理预期,信任的这种认知特点决定了政治不信任是政治的前提和常态,政治信任要通过否定之否定来建构信任。     

The Obligations and Expectations of Couples Within Families: Three Modes of Interaction

What kinds of family structures emerge after a couple relationship is formed? How are obligations perceived towards the family of origin and the family of the partner? How are obligations perceived towards the older generation and towards children? How are conflicts of interest approached or resolved? How are the obligations arising from these personal relationships affected by gender, ethnicity, culture and religion? This paper reports some findings from a qualitative study of 39 men and women aged 25–40 which investigates the social context for the legal regulation of couple relationships; whether marriage, cohabitation or civil partnerships.     

Problem-oriented policing in public housing: The Jersey City evaluation

This paper examines the impact of a problem-oriented policing project on serious crime problems in six public housing sites in Jersey City, New Jersey. Representatives from the police department and the local housing authority, social service providers, and public housing tenants formed six problem-solving teams. Using systematic documentation of the teams' activities and calls for police service, we examine changes in serious crime both across and within the six sites over a 2 1/2-year period. We find that problem-oriented policing, as compared with traditional policing strategies used before the problem-oriented policing project, led to fewer serious crime calls for service over time and that two public housing sites in particular succeeded in reducing violent, property, and vehicle-related crimes.     

Private Law and Housing Justice in Europe

This article explores the different meanings of the right to housing in Europe in public and private relations with housing providers. In light of the fundamental right to housing's meaning in the case law of the European Court of Human Rights and the Court of Justice of the European Union, we offer a new reading of the CJEU judgments that have hitherto been heralded as extending the social dimension of EU (private) law. We submit that the emphasis on economic and procedural rights risks further ‘economisation’ of housing relations in Europe. While the possibilities to grant direct horizontal effect to the right to housing in EU law currently offer limited potential to counter this trend, private law provides part of the framework for a further balancing of social and economic elements in housing cases. Accordingly, we call for a debate on the specific aspects of horizontal relationships in the complex system of housing justice.     

Accounting for Variation in Distrust of Local Police

This paper tests a variety of explanations for variation in distrust of local police in the US. As with other attitudes toward the police, there is a substantial race gap in distrust of the police. Our analysis is based upon citizen survey data from 33 cities and data on policing characteristics and the city context for those same cities. It reveals that individual‐level factors representative of a psychological model are of substantial importance in accounting for variation in distrust of the police. City‐level attributes tapping differences in police performance are also important predictors of citizen distrust of the police, even once individual‐level attributes are controlled; and there are important racial differences in the impact of these police performance variables as well, resulting in a largely full accounting of the initial race gap.     

Caricaturing “traitors”: Communal reactions to indigenous collaboration in Japanese-occupied Korea

Under foreign rule, indigenous collaborators pose a serious challenge that betrays the trust and faith of their compatriots with whom they have long shared experiences. This being the case, the question arises concerning how the occupied define “betrayal” and execute their sense of morality and justice against those considered as switching allegiance from being their fellow nationals to being considered as outsiders. For this analysis, I investigate the practice of the Korean news media under Japanese colonial rule, developing the concept of verbal caricature. I find that the indigenous media create outrageous verbal images of collaborators: (1) sinners, (2) pawns, and (3) criminals. By exploring the media's social justice under political constraint, this project contributes to the accumulation of knowledge on the unique practices of deviance-making, prompting a dialog between the two isolated research realms – social deviance and foreign occupation.     

Let's talk about trust,baby! Theorizing trust and mutual recognition in the EU's area of freedom,security and justice

If mutual recognition is to be the ‘cornerstone of judicial co‐operation’ in the area of freedom, security and justice, mutual trust, on the other hand, must take a lead role as the normative glue that grounds and facilitates legal practices of recognition. Despite its topicality and practical relevance, the theoretical underpinnings of trust have been largely left untouched by legal scholarship. This article seeks to fill that void by unpacking trust's conceptual premises to prepare a critique of the legal principle of mutual trust and its underlying ideology as it emerged in the jurisprudence of the CJEU. It presents an enriched conceptualization of recognition trust, inquires into the potential and risks of trust‐based judicial cooperation and sheds light on the interplay of trust, distrust and the law. In drawing policy conclusions from the theoretical discussion, it also points to a new normative dimension of trust asking whether trust could feature as a form of mutual recognition.     

数据生产论下的平台数据安全保障义务

《数据安全法(草案)》构建了平台数据安全保障义务框架,包含着数据安全制度、个人信息权利保护与监管配合义务三个维度。传统的民事侵权责任理论已经无力解释平台的数据安全保障义务的庞杂体系与多样化内容。应从数据社会生产的角度分析,平台已经成为了数据生产要素提取加工者、数字经济基础设施、数字经济多边市场。根据霍菲尔德的"特权-无权力"框架分析,平台的数据安全保障义务的扩张,实际上是数字经济社会生产中膨胀的平台权力的纠偏机制。合理的平台数据安全保障义务应以数字生产论为基础,合理设置平台对数字产品的质量责任与安全生产义务,划定平台数据安全保障义务的边界,促进数字经济发展。     

'Contractual Governance' of Deviant Behaviour

This paper seeks to analyse and make sense of the growing role and implications of forms of 'contractual governance' that are emerging in diverse fields of social life and public policy in England and Wales, both within and beyond criminal justice. Collectively, these modes of control mimic and deploy 'contracts' and 'agreement' in the regulation of deviant conduct and disorderly behaviour. The rise of contractual governance is explored against the background of a crisis in penal modernism and the challenge of crime prevention. Contractual governance in a number of fields is outlined and discussed, including home-school agreements in education; acceptable behaviour contracts and introductory tenancies in social housing; restrictive covenants in private residential neighbourhoods; domestic security and private residential patrols and youth offender contracts. It will be argued that, in these contexts, contracts seek to induce conformity and order through modes of governing the future that depart significantly from traditional modes of policing and that recast social obligations in forms of parochial control.     

Caring for the Disabled? New Boundaries in Disability Discrimination

The scope of the disability-related less favourable treatment provisions of the Disability Discrimination Act 1995 has been reduced by the House of Lords in a housing case, London Borough of Lewisham v Malcolm , while the European Court of Justice has taken a broad approach to disability discrimination and carers within the EC Framework Directive in Coleman v Attridge Law . In discussing both cases, this note suggests that the pre- Malcolm approach to identifying the comparator in disability-related discrimination claims should prevail in the employment context, in view of the obligations under the EC Framework Directive.     

论公有公共设施管理人的安全保障义务

随着现代社会公有公共设施越来越多,社会公众因此而受到的损害也日渐增多,公有公共设施管理人成为被告,要求其承担责任的情况也经常出现。公有公共设施安全保障义务的理论基础是信赖关系而非合同关系,管理人义务来源主要有法律规定和社会活动安全注意义务,义务的界限是管理人尽到了合理注意、损害与管理义务无近因关系以及在现有技术条件下危险能够控制。     

HIV/AIDS and human rights revisited

In their article, Sofia Gruskin and Daniel Tarantola demonstrate how, as the number of people living with HIV and with AIDS continues to grow in nations with different economies, social structures, and legal systems, HIV/AIDS-related human rights issues are not only becoming more apparent, but also increasingly diverse. In the 1980s, the relationship of HIV/AIDS to human rights was only understood as it involved people with HIV or AIDS and the discrimination to which they were subjected. The concerns included mandatory HIV testing; restrictions on international travel; barriers to employment and housing, access to education, medical care, or health insurance; and the many issues raised by named reporting, partner notification, and confidentiality. Almost 20 years into the epidemic, these issues remain serious and most often have not been resolved. In the 1990s, however, there was increased understanding of the importance of human rights as a factor in determining people's vulnerability to HIV infection and their consequent risk of acquiring HIV infection and their chances of accessing appropriate care and support. And most recently, human rights have also come to be understood to be directly relevant to every element of the risk/vulnerability paradigm. Gruskin and Tarantola identify three situations and three levels of governmental obligations that should be considered when identifying the specific needs and related rights of individuals in the context of HIV/AIDS. They conclude that policymakers, program managers, and service providers must become more comfortable using human rights norms and standards to guide and limit government action in all matters affecting the response to HIV/AIDS; and that those involved in HIV/AIDS advocacy must become more familiar with the practicalities of using international human rights law when they strive to hold governments accountable.     

Building Trust in Human-Machine Partnerships

Artificial intelligence (ai) is bringing radical change to our lives. Fostering trust in this technology requires the technology to be transparent, and one route to transparency is to make the decisions that are reached by ais explainable to the humans that interact with them. This paper lays out an exploratory approach to developing explainability and trust, describing the specific technologies that we are adopting, the social and organizational context in which we are working, and some of the challenges that we are addressing.     

电子信息时代侵犯著作权罪的入罪标准研究

以电子信息技术侵犯著作权的犯罪往往由多个无意思联络的行为人共同实施,单一化的传统入罪标准难以有效规制。基于该类犯罪高度分工化的特征,犯罪主体可以被划分为网络服务提供者和侵权资源提供者两大类型。网络服务提供者怠于履行其内容审查义务、情节严重的行为应当被认定为犯罪,内容审查义务的边界是确定其入罪标准的核心,但同时需要注意入罪标准、内容审查义务与信息传播权间的界限。大部分侵权资源提供者的行为仍然适用传统的入罪标准,但其中非法经营额所涵盖的范围需要适当扩张。