Cellularism, guanxiwang, and corruption: A microcosmic view from within a Chinese educational danwei

This paper, based on ethnographic field work, examines the interplay between three phenomena that exist within a university in the People's Republic of China: corruption, cellularism and guanxiwang.After a brief examination of the general literature on corruption in China, one university —Southern Tertiary — is studied and various types of corruption (both perceived and real) are explored.Over the past two decades Sinologists have debated the extent to which China is fiscally centralized or fragmented. Analysts now tend to agree that a cellular or honeycomb pattern characterizes center/periphery relations. Another feature, given China's underdeveloped legal and regulatory systems, is the prevalence of negotiation. Today autonomy-through-negotiation is not confined to national economic policy, nor to only national policies. This paper finds that the same pattern occurs within the danwei (work unit).What allows for (and in fact encourages) cellularity in the work unit is the emphasis placed on relationships and networking (guanxiwang). Cellularity is permitted-indeed, mandated-by the absence of certain systems, those involving flow of information, open discourse and faculty governance. The literature studying guanxi identifies the positive function that relationships serve in business. But the concept is more often associated with unhealthy practices. This paper argues that guanxi in and of itself is not a negative aspect of culture but is rather a cultural element that can be put into service across a whole range of morality. Certain conditions may encourage its use in ways which are perceived as corrupt.     

Asking the Gatekeepers: A National Survey of Judges on Judging Expert Evidence in a Post-Daubert World

Drawing on the responses provided by a survey of state court judges (N = 400), empirical evidence is presented with respect to judges' opinions about the Daubert criteria, their utility as decision-making guidelines, the level to which judges understand their scientific meaning, and how they might apply them when evaluating the admissibility of expert evidence. Proportionate stratified random sampling was used to obtain a representative sample of state court judges. Part I of the survey was a structured telephone interview (response rate of 71%) and in Part II, respondents had an option of completing the survey by telephone or receiving a questionnaire in the mail (response rate of 81%). Survey results demonstrate that judges overwhelmingly support the gatekeeping role as defined by Daubert, irrespective of the admissibility standard followed in their state. However, many of the judges surveyed lacked the scientific literacy seemingly necessitated by Daubert. Judges had the most difficulty operationalizing falsifiability and error rate, with only 5% of the respondents demonstrating a clear understanding of falsifiability and only 4% demonstrating a clear understanding of error rate. Although there was little consensus about the relative importance of the guidelines, judges attributed more weight to general acceptance as an admissibility criterion. Although most judges agreed that a distinction could be made between scientific and technical or otherwise specialized knowledge, the ability to apply the Daubert guidelines appeared to have little bearing on whether specific types of expert evidence were designated as science or nonscience. Moreover, judges' bench philosophy of science seemed to reflect the rhetoric, rather than the substance, of Daubert. Implications of these results for the evolving relationship between science and law and the ongoing debates about Frye, Daubert, Joiner, and Kumho are discussed.     

Political corruption in Brazil

This paper analyzes instances of political corruption in Brazil since the 1985 return to civilian rule, and concentrates on the impeachment of Pres. Fernando Collor in 1992, and the so-called Budgetgate episode in 1993/94. Linkages between political corruption and campaign financing are described, as well as recent legislation to inhibit same.Revised version of a paper presented to the Research Committee on Political Corruption and Campaign Finance, XVI Congress of the International Political Science Association, Berlin, Germany, August, 1994.     

Globalisation and Conceptualisation in the Sphere of International Criminal Law

Professor Wiener mentions that [w]hile an agreement has evolvedin the juris-prudence concerning the meaning of criminal law' and publicinternational law', the opinions regarding what international criminallaw is still diverge to a great extent.1 The task of this report isto clear up what we mean by international criminal law, because itis not an exact expression.     

Political corruption and the role of public prosecutors in Italy

This paper analyzes the problem of political corruption in Italy and the role public prosecutors have played in unraveling such a phenomenon. The factors that have contributed to fostering systemic corruption as well as those that have contributed to uncovering such a system are given careful consideration. The most relevant conclusion is that whereas endogenous forces in the judiciary (prosecutors and judges) — in particular, its low level of institutional autonomy — have prevented it from containing corruption, exogenous forces — which have broken the conditions that had favoured the stability of the so-called first Republic — have led prosecutors to engage in massive investigations.This article is a revised version of the paper prepared for delivery at the 1994 Workshop on Corruption and Politics held at the Instituto Internacional de Sociologia Juridica, Onati (Spain), July 13–14, 1994. I am appreciative to Prof. Giuseppe Di Federico (University of Bologna) for his deep insights of this complex matter and for his very useful comments.     

Social control theory: The salience of components by age,gender, and type of crime

Most social control theorists do not consider definitions of delinquency problematic. Beginning with the assumption that crime is a unitary concept, researchers have combined a variety of non-normative items to create additive delinquency scales. Rarely is consideration given to whether the causes of crime differ for distinct types of criminal activity. Furthermore, the classic social control model doesnot predict that bonding variables operate differently for distinct age and gender categories. Consistent with the structuring perspective, the present research attempts to refine the social control model by specifying conditions under which the model predicts different forms of delinquency. This study examines social control theory using survey data from middle- and high-school students (N=2926). Logit regression analysis revealed that the model which best explains personal crime differs from the model which best explains property crime. Also, certain components of the model were more powerful predictors of criminal behavior for different age-gender groups. The importance of model specification is demonstrated and the implications for social control theory are discussed.     

Interviewing Preschoolers: Comparisons Of Yes/No and Wh- Questions

This study investigated the influence of question format on preschool-aged children's errors, their response accuracy, and their tendency to say I don't know when given non-misleading questions in a neutral, unbiased context. Children (3 to 5 years old) participated in a craft-making session that included a staged accident with two experimenters differing in gender and appearance; the environment also had several distinctive features. One week later children were interviewed about actions, participants, and environment; questions were yes/no format with the veridical response yes (yes questions), yes/no format with the veridical response no (no questions), and specific wh- format questions. Question format substantially influenced children's responses: they were most likely to make errors if asked no questions, and were unlikely to answer either yes/no question with I don't know. In contrast, children spontaneously and frequently said I don't know to wh- questions about content they did not recall (environment), but not about content that was well recalled (actions). Implications of question format for reliability of eyewitness testimony by preschoolers are discussed.     

MCMI-III Results for Batterer Program Participants in Four Cities: Less “Pathological” Than Expected

Previous research using diagnostic inventories describe the extent and nature of psychopathology among batterers. MCMI-III scores from batterers in a multisite program evaluation (n = 840) were used to replicate this previous research. As in previous batterer research using the MCMI-I and MCMI-II, the MCMI-III results suggest a complex diversity of psychological problems that does not readily conform to previous profiles. However, less than half of the men had scores suggesting a personality disorder (BR scores 85), as opposed to 80% in a previous batterer study using the MCMI-II. Only one quarter of the men (25%) show evidence of a severe mental disorder. Narcissistic or antisocial tendencies were evident in 39% of our batterer sample, reflecting the sense of entitlement often attributed to batterers. Voluntary, as opposed to court-referred men, were more likely to have depressive and dependent tendencies and evidence of severe disorders. Our multisite sample appears to be less pathological than previous batterer samples and samples of psychiatric or drug outpatients.     

Insanity,justification, and culpability toward a unifying schema

Insanity has long been viewed as an excuse rather than a justification: Insane people are acquitted not because they did nothing wrong, but because they are considered morally blameless for their wrongful conduct. A new substantive test based on justificatory rather than exculpatory principles—a quasisubjective justification (QSJ) test—is compared to Finkel's relative culpability test, and to two excuse oriented tests, ALI and IDRA, across seven cases. QSJ and Finkel's test both produced significant verdict differences, whereas ALI and IDRA verdicts were not significantly different. The QSJ effect, however, was observed only in cases judged low in justification, and thus did not play a determinative role across cases; other variables, such as perceived severity of the disorder and culpability for bringing about the disorder, to which only Finkel's test was sensitive, seem to have more explanatory power.     

Holy Mountains and Anti-Cult Ecology: The Campaign Against the Aumist Religion in France

After the homicides and suicides of the Solar Temple (1994–1995), anti-cult movements received an unprecedented degree of public support in France, and a moral panic against cults was generated, eventually producing two parliamentary reports and the establishment of a governmental Mission to Fight Cults. The Aumist Religion, headquartered at the Holy City of the Mandarom, in the French Alps, although comparatively small, became one of the most visible targets and was perceived by anti-cultists, the media, and the government as the epitome of the dangerous cult. The paper examines the history of the Madaron controversies, especially the involvement of government-financed anti-cult organizations and representatives of the ecology movement, and argues that the Aumists' greatest sin is their very visibility.     

The state,public policy,and AIDS discourse

The paper probes the deep structure of perceptions of AIDS and the ensuing public policy trends. AIDS has become the latest symbol indexing 20th century conflicts over the family and sexuality and recapitulates some features of early debates over contraception and the control of sexually transmitted diseases. From 1981 to 1983, public talk about AIDS was virtually taboo. Since 1983, the massive proliferation of AIDS discourse has led to the development of an official story common in the press and clear in the presumptions underlying recent state policies in the United States, Canada, and the United Kingdom. These policies have favored state control of sexual speech and education, as well as control of people blamed for HIV infection, while community-based groups have sought to empower people to affirm their sexuality while avoiding viral transmission.     

Preferential Selection Independent of Race and Gender: Effects on Self-Evaluations and Newcomer Information-Seeking Behaviors

The current study investigated the effects of an experimentally imposed program of preferential selection on beneficiary self-evaluations and newcomer information-seeking behavior. One hundred-twenty undergraduates were randomly assigned to a classification condition (in which they were informed that they tended to think in either an analytical or abstract manner) and collaborated on a task in groups of three. A fourth participant was introduced into each of these 40 extant groups under either a condition of preferential selection or not. Preferentially selected newcomers were shown to have more positive self-evaluations than their nonpreferentially selected counterparts. The presence or absence of a similar (in terms of thinking style) incumbent moderated the effect of being preferentially selected on the use of specific information-seeking behaviors.     

Why Japanese citizens evaluate the new indirect tax as unfair: Fairness criteria and their relative importance

The study examined citizens' fairness evaluation of the consumption tax recently introduced in Japan, and explored the underlying criteria and their relative importance in judging the fairness of the tax and the procedural fairness by which the tax was introduced. Five dimensions were obtained in factor analysis. Multiple regression analysis revealed that three dimensions contributed to total fairness of the tax: Procedural Fairness, Outcome Evaluation, and Affective Responses. Further analyses revealed that ramming the bill, sufficient discussion, and reflection of citizens' opinions were crucial for Japanese citizens judgment of procedural fairness. The results supported Leventhal's theory: ethicality, accuracy, and correctability were important.     

Appeals to community and crime prevention

This paper considers the growing appeals to the idea of community in criminal justice policy and the involvement of actual communities in criminal justice initiatives. It draws on a completed two year research study of a number of community-based crime prevention initiatives in the South East of England. The paper considers the nature of community to which appeals are made in criminal justice discourse and policies, the contribution of community to the practices of social order and the nature of community representation and participation in crime prevention initiatives. It is argued that appeals to community in crime prevention, and crime control more generally, embody shifts in what constitutes the legitimate responsibilities of individuals, collectivities and the state. This has a number of implications, the first of which is a redrawing of the cost of policing and security services. Additionally, there is an associated shift in blame for failure. Finally, actual community involvement in crime control gives rise to new structures and forms of local governance that evoke key questions about the regulation of social relations, the nature of conflict resolution, citizenship, democracy and social justice.     

Plan and counterplan: Notes on moving beyond the crisis in planning theory

Conclusions In developing a working class perspective of planning theory, I have suggested that neither bourgeois nor Marxist planning theories can incorporate the dissensus tactics that are at the heart of working-class movements. Neither can they deal with the class nature of planning nor the class composition of planners. As the current social, political and economic crisis was forced on capital by the struggles (plans) of the working class, it follows that working-class counter-plans should deepen the crisis so that benefits will accrue to our side. The development of our successful counter-plans will throw their planning theory deeper into crisis. Ultimately, crisis resolution must be on the terms of the (ex-)working class.     

Measuring Family Violence: The Conceptualization and Utilization of Prevalence and Incidence Rates

The present study argues for a standard conceptualization of prevalence and incidence in family violence research. Reviewing several definitions of both prevalence and incidence in the family violence literature, we identify important inconsistencies in conceptualizations. The use of time frame to distinguish incidence and prevalence seems to have been a main thrust of the conceptual confusion. A gold standard conceptualization is proposed that sees prevalence as the extent to which violent behavior is distributed in the population and incidence as the amount of violent behavior that occurs among those in the population who experience violence. A discussion of rates calculated with other conceptualizations illustrates the need for standardization as well as the utility of the conceptualization in the present study. The calculation of prevalence and incidence rates is exemplified with respect to interpartner violence using Statistics Canada's Violence Against Women Survey (VAWS). Using duration as an independent variable, we also illustrate how the choice of incidence or prevalence rates may affect the operation of risk markers. Given the need for standardization, the relative ease with which this can be accomplished, and the knowledge that research in this area will be conducted well into the future, we conclude with a plea for a standard use of prevalence and incidence among family violence scholars.     

Selective Incapacitation Revisited

The term incapacitation is an important criminological concept that implies that the offender's capacity to commit new crimes is to be concretely obstructed or reduced through confinement. The purpose of selective incapacitation is to select those particularly prone to violence and to incapacitate them. The paper presents a critical analysis of the risk prediction enterprise. The paper addresses the accuracy of prediction, the ethics of prediction, and in particular the research culture within which research on prediction occurs.     

The effects of delay on voice recognition accuracy

Two experiments were conducted in which 176 listeners heard male and female objectively defined high- and low-recognition voices and then attempted to identify these voices from a voice parade containing 20 distractors after either 10, 40, 100, or 130 minutes (experiment 1), or 10 minutes, one day, seven days, or 14 days (experiment 2). In experiment 1 delay had no overall effect, although further analysis revealed that the shortest delay did produce better performance than all other delay conditions. Further, high-recognition voices were better identified than low-recognition voices. In experiment 2 delay had an overall effect, with the shortest delay interval again being significantly better than all other conditions, which did not differ among themselves. High- and low-recognition voices, however, did not exhibit a statistically significant difference, although these two factors entered into a marginally significant interaction. Theoretical speculation and forensic implications were drawn.This research was funded by the British Home Office, research grant no. RES 741/1/1, although the views expressed are not necessarily those of the funding body.     

The five khandhas: Their theatment in the nikāyas and early abhidhamma

Conclusion To explain the khandhas as the Buddhist analysis of man, as has been the tendency of contemporary scholars, may not be incorrect as far as it goes, yet it is to fix upon one facet of the treatment of the khandhas at the expense of others. Thus A. B. Keith could write, By a division which ... has certainly no merit, logical or psychological, the individual is divided into five aggregates or groups. However, the five khandhas, as treated in the nikyas and early abhidhamma, do not exactly take on the character of a formal theory of the nature of man. The concern is not so much the presentation of an analysis of man as object, but rather the understanding of the nature of conditioned existence from the point of view of the experiencing subject. Thus at the most general level rpa, vedan, sañña, and are presented as five aspects of an individual being's experience of the world; each khandha is seen as representing a complex class of phenomena that is continuously arising and falling away in response to processes of consciousness based on the six spheres of sense. They thus become the five updnakkhandhas, encompassing both grasping and all that is grasped. As the updnakkhandhas these five classes of states acquire a momentum, and continue to manifest and come together at the level of individual being from one existence to the next. For any given individual there are, then, only these five updnakkhandhas — they define the limits of his world, they are his world. This subjective orientation of the khandhas seems to arise out of the simple fact that, for the nikyas, this is how the world is experienced; that is to say, it is not seen primarily as having metaphysical significance.Accounts of experience and the phenomena of existence are complex in the early Buddhist texts; the subject is one that is tackled from different angles and perspectives. The treatment of rpa, vedan, saññ, and represents one perspective, the treatment of the six spheres of sense is another. As we have seen, in the nikya formulae the two merge, complementing each other in the task of exposing the complex network of conditions that is, for the nikyas, existence. In the early abhidhamma texts khandha, yatana and dhtu equally become complementary methods of analysing, in detail, the nature of conditioned existence.The approach adopted above has been to consider the treatment of the five khandhas in the nikyas and early abhidhamma texts as a more or less coherent whole. This has incidentally revealed something of the underlying structure and dynamic of early Buddhist teaching — an aspect of the texts that has not, it seems, either been clearly appreciated or properly understood, and one that warrants further consideration.     

Social sciences and the evolving concept of corruption

The term corruptio appears in many languages, but behind it lie several contrasting strands of thought and language. Current political usages of corruptio--emphasizing bribery, which in turn is just one of several families of ideas to which the term has variously been attached--date from the late 18th or early 19th century, have been strongly influenced by Anglo-Saxon legal thought, and may be traced to Roman roots. But French lexicographers developed a richer and more diverse vocabulary to encompass the crimes of civil servants and judges in addition to those of the people who sought to influence them. Religion, and in particular offices within the Church, also strongly influenced the ideas and vocabulary of corruption. Ultimately, corruptio can be said to have Biblical origins and a core meaning centered around injustice. The complexity and richness of the idea of corruption, as viewed from that perspective, in often lost in the narrower and more technical usages that dominate contemporary debate and analysis.