Experiencing Critique<Superscript>⋆</Superscript>

Over the past two centuries, criticism has assumed an indispensable role in the production of truth in many academic contexts. Furthermore, a dominant conception of critique emerged out of disciplinary truth regimes – evident as much in right wing think tanks as in critical theories. This ‘grammar of critique’ requires critics to judge specific contexts against founded criteria. However, in an epistemological ethos beset by obdurate uncertainty, where disciplinarity is increasingly under attack, a judgmental grammar faces intractable challenges. For one thing, intransigent ambiguities defy the silencing required to achieve certainty, or universal agreement, on ‘founded criteria’. This predicament creates a distinctive semantic disquiet and a unique opportunity to prize critique loose from its previously privileged grammar. Allegorically referring to Derrida’s images of hospitality, this paper offers a different grammar of critique as an experience of imagined prospects, a promise that rallies against ossified thought systems of the now. This experience is structured through the impossible to the extent that it defies absolute definition, finitely encounters infinite possibilities, involves preconceptions, and opens critics up to promises that never fully arrive. As such, critical experiences invite existential anticipations whose contours, paradoxically, are imagined from within, and yet promise an escape from, local historical circumstances.A version of this paper was presented at Birkbeck, University of London, 24th September, 2004. I would like to thank Peter Fitzpatrick, Claire Valier, Ronnie Lippens, Costas Douzinas and Julia Chryssostalis for their helpful comments.     

A contextual analysis of crime rates: The Korean case<Superscript>⋆</Superscript>

During recent attempts to understand crime in relation to its environments, studies have focused on a single aspect of either economic or organizational context. Furthermore, scant attention has been given to the independent role of the political influence on response to criminal activity. This study examines the relative roles of economic conditions, organizational constraints of police, and political climate in explaining changes in crime rates by incorporating these three contexts into a single study. By using a variety of official statistics, we conducted time-series analyses to examine the social context of crime over the past three decades in South Korea. Findings indicate, first, that the unemployment rate is the best predictor of changes in crime rates; it consistently increased the level of both property and violent crimes. Second, organizational capacity, as indicated by police per capita, is found not to have any consistent effect on crime rates. Third, the impact of political repression, measured by the presence of extraordinary laws and the number of political prisoners, also shows inconsistent effects on crime. However, crime rates were somewhat lower during the past three military regimes, which support the argument that authoritarian governments exercised more punitive sanctions to deter crimes. Implications are discussed and suggestions are offered for future research on this topic.This work was supported by Korean Research Foundation Grant (KRF-2004-003-BO0142). An earlier version of this paper was presented at the 2004 mettings of the American Society of Criminology. We would like to thank Ivan Sun for his insightful comments and helpful suggestions.     

A New Alliance of De-legalisation and Legal Formalism? Reflections on Responses to the Social Deficit of the European Integration Project<Superscript>⋆</Superscript>

This paper will cover a wide range of issues. It will start with a reconstruction of the European Community’s ‘social deficit’, arguing that a credible response to this deficit would be a pre-condition for the democratic legitimacy of the deepened integration project. Such a response can be developed in a re-conceptualisation of European law as a new type of supranational/trans-statal conflict of laws – this is the thesis defended in the second section. This vision is contrasted in the third section, first with the steps towards Social Europe envisaged in the Draft Constitutional Treaty, and then with the messages of the recent judgments of the European Court of Justice (ECJ) in Viking and Laval. It goes without saying that the theoretical premises of the argument, let alone its many interdisciplinary dimensions and empirical background, can often only be signalled, but not developed systematically.

&lt;&lt;中华人民共和国刑法修正案&gt;&gt;述议

《中华人民共和国刑法修正案》的颁布，是我国刑事立法的一大进步，它无论从修改《刑法》的方式，还是修改《刑法》的内容，都会对我国今后的刑事立法产生深远的影响，也会对我国市场经济的发展产生积极的作用。