Grading Arson

Criminalizing arson is both easy and hard. On the substantive merits, the conduct of damaging property by fire uncontroversially warrants criminal sanction. Indeed, punishment for such conduct is overdetermined, as the conduct threatens multiple harms of concern to the criminal law: both damage to property and injury to people. Yet the same multiplicity of harms or threats that makes it easy to criminalize “arson” (in the sense of deciding to proscribe the underlying behavior) also makes it hard to criminalize “arson” (in the sense of formulating the offense(s) that will address that behavior). This article asks whether adopting one or more arson offenses is the best way for criminal law to address the conduct in question, or whether that conduct is more properly conceptualized, criminalized, and punished as multiple distinct offenses.

Organisational change and innovation system dynamics: the reform of the UK government defence research establishments

Since the end of the Cold War, ministries of defence in Europe and the United States have sought new models for the management of government defence research laboratories. The United Kingdom’s reform and subsequent privatisation of its government defence research establishments (GDREs) represents one of the most radical policy responses. This paper considers the UK case through the lens of innovation systems theory and uses defence labs reform to examine the impact of organisational change on the dynamics of an innovation system. The potential policy implications for the management of government defence research laboratories are also considered.

Organized Crime in Asia: A Review of Problems and Progress

This paper provides a preliminary overview of research on organized crime in Asia drawing on selected papers from a symposium held at the National University of Singapore in June 2007. We draw on these contributions to emphasize the enterprise nature of organized crime and the common problems encountered by law enforcement in controlling and preventing the many harms inflicted by serious criminal activity. Recent attempts to address the changing character and forms of transnational organized crime, especially through the strengthening of mutual legal assistance by regional bodies such as ASEAN, are noted. These measures have yet to develop into the cross-border institutional frameworks now found in Europe, and the level of effective co-operation can only continue to improve. Countering organized crime in Asia also faces additional difficulties arising from the cultural diversity, relative weakness of law enforcement in some states and the lack of common strategies in respect to illicit markets.

Researching the use of force: the background to the international project

This article provides the background to an international project on use of force by the police that was carried out in seven countries. Force is often considered to be the defining characteristic of policing and much research has been conducted on the determinants, prevalence and control of the use of force, particularly in the United States. However, little work has looked at police officers’ own views on the use of force, in particular the way in which they justify it. Using a hypothetical encounter developed for this project, researchers in each country conducted focus groups with police officers in which they were encouraged to talk about the use of force. The results show interesting similarities and differences across countries and demonstrate the value of using this kind of research focus and methodology.

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Beyond Peirce: The New Science of Semiotics and the Semiotics of Law

This paper shows how Peirce's semeiotic could be turned into a powerful science. The New Science of Semiotics provides not only a new paradigm and an empirical justification for all these applications, but also a rational and systematic procedure for carrying them out as well. Thus the New Science of Semiotics transforms the philosophy of law into the science of legal scholarship, the discipline that I call jurisology.

Does illegality breed violence? Drug trafficking and state-sponsored protection rackets

Illegality does not necessarily breed violence. The relationship between illicit markets and violence depends on institutions of protection. When state-sponsored protection rackets form, illicit markets can be peaceful. Conversely, the breakdown of state-sponsored protection rackets, which may result from well-meaning policy reforms intended to improve law enforcement, can lead to violence. The cases of drug trafficking in contemporary Mexico and Burma show how a focus on the emergence and breakdown of state-sponsored protection rackets helps explain variation in levels of violence both within and across illicit markets.

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<Emphasis Type="Italic">Dura lex,sed lex</Emphasis>? Insights from the subjective theory of opportunity cost

Seeking a grounding in Buchanan (Cost and choice: an inquiry in economic theory, 1969) subjective theory of opportunity cost, this paper sets out to fix a notional locus of the law in order to determine the cost of law enforcement. The paper also explores the impact of unlawful activities on the economy and analyses the evolution of individual criminal activities in collective criminal organizations such as the mafia.

Criminal victimization in contemporary China: a review of the evidence and challenges for future research

The rapid economic growth in China over recent decades has been accompanied by higher levels of crime, but there have been few studies of the Chinese experience of criminal victimization. A recent victimization survey of a representative sample of households in Tianjin represents a major effort to fill this gap in the literature. The present paper reviews the research based on the Tianjin survey along with other studies of crime and criminal victimization in China that have been published since 1990. We summarize the major findings, discuss the theoretical perspectives and methodological strategies that have been applied, identify the limitations of the research to date, and offer suggestions for future research.

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Singing the same tune? International continuities and discontinuities in how police talk about using force

This article focuses on a research project conducted in six jurisdictions: England, The Netherlands, Germany, Australia, Venezuela, and Brazil. These societies are very different ethnically, socially, politically, economically, historically and have wildly different levels of crime. Their policing arrangements also differ significantly: how they are organised; how their officers are equipped and trained; what routine operating procedures they employ; whether they are armed; and much else besides. Most relevant for this research, they represent policing systems with wildly different levels of police shootings, Police in the two Latin American countries represented here have a justified reputation for the frequency with which they shoot people, whereas at the other extreme the police in England do not routinely carry firearms and rarely shoot anyone. To probe whether these differences are reflected in the way that officers talk about the use of force, police officers in these different jurisdictions were invited to discuss in focus groups a scenario in which police are thwarted in their attempt to arrest two youths (one of whom is a known local criminal) by the youths driving off with the police in pursuit, and concludes with the youths crashing their car and escaping in apparent possession of a gun, It might be expected that focus groups would prove starkly different, and indeed they were, but not in the way that might be expected. There was little difference in affirmation of normative and legal standards regarding the use of force. It was in how officers in different jurisdictions envisaged the circumstances in which the scenario took place that led Latin American officers to anticipate that they would shoot the suspects, whereas officers in the other jurisdictions had little expectation that they would open fire in the conditions as they imagined them to be.

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Place, Space, and Time in the Sign of Property

Property is a complex sign in semiotics. It is also the source of tension and conflict in law. This paper examines property in triadic terms consisting of what Charles S. Peirce would identify as the icon (firstness), the index (secondness), and the symbol (thirdness). From this perspective the paper explores the ideas of place, space, and time at the iconic level of the sign of property. Discussion addresses the way in which property serves as a coded system for communicating information about a given community’s values and its cultural-interpretive hierarchy. Much like an aboriginal songline, property functions as a way of imprinting the land with impressions of social ordering related to place, space, and time. In the context of global trade we therefore observe property conflicts which are sometimes not so much about the technical language of property as they are about tensions among the embedded values in competing signs of property.

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Economic analysis of the legal standard for deceit in English tort law

Scholars of law and economics have produced a huge amount of literature on how to design an optimal legal standard in tort law to regulate international torts. However, there are few works to use these theories in the analysis of tort law in an individual jurisdiction. In this paper, I apply a law-and-economics analytical framework to the study of the legal standards for deceit in English tort law with an aim to show that the law-and-economics approach could generate new insights valuable to broad our understanding of the law of deceit.

Inaccessible and Unknowable: Accretion and Uncertainty in Modern Criminal Law

Between May 1997 and August 2006 over 3,000 new crimes and offences entered the statute book expanding the criminal law exponentially and insinuating criminal liability into areas of everyday life previously untouched. This unremitting intensification of the criminal law where often quite random and unrelated provisions are embedded in huge, generic and virtually annual Criminal Justice Acts has made the law inaccessible and unknowable to the public, and uncertain to those charged with interpreting and applying it. This article examines the phenomenon of accretion in the criminal law within the last decade drawing on historico-legal contexts, jurisprudential theory (particularly the Rule of Law), and contemporary illustrations. It argues that uncontrolled legislative accretion and a bloated statute book may introduce dangerous levels of uncertainty into the law not only undermining its integrity but eroding the essential mutual respect between government and the governed which legitimises the authority of the criminal law. The political hothouse of spin-cycle government has sought to rely on the creation of new law as the panacea to all ills blurring the democratic boundary between citizen and government.

White collar crime,consumers and victimization

Consumers have long been recognized as one of the major groups of victims of white collar and corporate crime, although many of the activities which harm them are not widely regarded as ‘crime’. They tend to attract less publicity, and have been subject to less academic research, particularly in comparison with major financial frauds or cases involving mass harms. Moreover, there has been a tendency to view consumers as a relatively undifferentiated group, all of whom are likely to be victimized. This article identifies a wide range of crimes which affect consumers and explores some of the characteristics of victims and offenders, arguing that while all consumers are at risk, the impact of consumer crime, like other forms of crime, reflects wider patterns of structural inequality and falls most severely on the most disadvantaged.

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The entrepreneurial society

This paper explains why and how entrepreneurship has emerged as an engine of economic growth, employment creation and competitiveness in global markets. The entrepreneurial society reflects the emergence as entrepreneurship as an important source of economic growth.

Habermas and Deleuze on Law and Adjudication

This article stages an encounter between Habermas and Deleuze on law, rights, and adjudication. Most of the article is spent developing Habermas’s concept of adjudication as the application of communicatively generated norms. This application, I argue, involves a complex temporality that is at once retrospective and non-creative. Deleuze is used to critique this concept of adjudication in favor of one based on concrete situations and the creation of new problems. In so doing, I will develop Deleuze’s notorious, and notoriously hostile, remarks on human rights and philosophies of communication by relating them to discourse ethics and to the positive conception of law and judgment that can be drawn from his work.

Treating Life Literally

This essay is a study of three texts written by the psychoanalyst Wulf Sachs. These texts hold an important lesson about the psychoanalytic turn in jurisprudence. Their attempt to extend psychoanalysis’s frontiers to fight the legalization of racism in pre-apartheid South Africa recoils upon itself, stripping self-evidence from the singular constellation of law, life, language, and sovereignty psychoanalysis derives from ancient and modern tragedy and formalizes into a discipline. Even as Sachs’s trilogy turns to psychoanalysis to critique the legalization of racism, it also points to the limits of psychoanalysis itself as a paradigm for the study of law.

The impact of the US legislation on company measures of control and prevention

The spectacular business scandals in recent years have led both the legislative and business companies to rethink and redesign their strategies. This article analyzes the worldwide impact of reforms in economic crime legislation emanating from the USA. Empirical data are reported showing that the US regulations are generating a spillover effect spreading beyond its sphere of operation. It is particularly notable that international stock-exchange-listed companies are orienting themselves increasingly toward the legal standards of the USA. Translated from the German by Jonathan Harrow, Bielefeld.

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Between market forces and knowledge based motives: the governance of defence innovation in the UK

The purpose of this contribution is to examine the evolutionary transformations that have characterised the UK defence innovation system since the mid 1980s. It focuses on the central and challenging issue faced by the Ministry of Defence (MoD) in implementing effective governance mechanisms emerging from the continuous trade-off between short-term market driven measures motivated by efficiency arguments, and more long term and relational considerations in terms of knowledge economics. Furthermore, in terms of technology transfer, this evolution has been accompanied by a gradual shift from an initial logic of spin-off to society expected from government driven military projects, to a logic of spin-in where the main concern of the military sector is to broaden its industrial and R&D base.

Thinking Critically About Rural Gender Relations: Toward a Rural Masculinity Crisis/Male Peer Support Model of Separation/Divorce Sexual Assault

After decades of neglect, a growing number of scholars have turned their attention to issues of crime and criminal justice in the rural context. Despite this improvement, rural crime research is underdeveloped theoretically, and is little informed by critical criminological perspectives. In this article, we introduce the broad tenets of a multi-level theory that links social and economic change to the reinforcement of rural patriarchy and male peer support, and in turn, how they are linked to separation/divorce sexual assault. We begin by addressing a series of misconceptions about what is rural, rural homogeneity and commonly held presumptions about the relationship of rurality, collective efficacy (and related concepts) and crime. We conclude by recommending more focused research, both qualitative and quantitative, to uncover specific link between the rural transformation and violence against women. This paper was presented at the 2006 annual meeting of the American Society of Criminology, Los Angeles, California. Some of the research reported here was supported by National Institute of Justice Grant 2002-WG-BX-0004 and financial assistance provided by the College of Arts and Sciences and the Office of the Vice President for Research at Ohio University. Arguments and findings included in this article are those of the authors and do not represent the official position of the US Department of Justice or Ohio University. Please send all correspondence to Walter S. DeKeseredy, e-mail: walter.dekeseredy@uoit.ca. All of the names of the women who participated in DeKeseredy and colleagues’ rural Ohio study and who are quoted have been changed to maintain confidentiality.

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Bankruptcy law: a mechanism of governance for financially distressed firms

This paper explores the various governance models for financially distressed firms. We offer a new typology of major bankruptcy models and provide a connection between this bankruptcy law puzzle and the variables depicting the governance of healthy firms in order to shed light on two topics: (1) the factors that the lawyer should consider before changing its national bankruptcy law, and (2) the risks associated with each bankruptcy model according to the economic literature on bankruptcy law. Our final aim is to test whether the various bankruptcy models detailed in the paper perform in separate economic and legal environments.