Crime,punishment, family violence,and the cloak of legal invisibility

Abstract

In this article, the authors trace how the Anglo-Australian system of criminal law constructs crime within the family differently from other forms of crime. The zone of legal impunity for intrafamilial crime was carved out by special defences and immunities, such as provocation and marital rape, as well as policing policies and practices that effectively decriminalised “domestic” forms of physical and sexual abuse. Legal impunity was never absolute, and there were notable exceptions where the familial and gendered aspects of the crime in fact aggravated the offence, such as the law's treatment of spousal murder by females as a form of “petty treason”, warranting the most severe punishment of burning at the stake. Reforms in the late twentieth century removed overt forms of gender discrimination from the criminal law, exposing a new legal visibility of crime within “the family”, though as the authors conclude, there are still remnants of differential treatment in fields of sentencing law and practice.     

A supranational party system and the legitimacy of the European Union

China’s emergence as an economic and military power has given rise to apprehensions globally, related not only to China’s cultural and historical ‘alienness’, but also to its apparent willingness to challenge the global system and architecture of global governance. While non-Western countries are wary of the possible impact on them and on the global order of Chinese actions, they appear to be willing to cooperate with China on some global issues in order to change a system often seen as inequitable and unbalanced. Yet, the West seems to conflate the idea of a rising China with that of other emerging markets. Given their historical, political and cultural experiences, however, their access to power and influence, if and when it happens, need not necessarily take the same route as China. This is true particularly of India; India is likely, at least for the foreseeable future, to remain within the existing paradigm of global governance, though it may seek to adapt the rules and structures to better reflect its economic, political and security interests. This would not preclude cooperation on a selective basis on specific global issues with different partners, particularly in the realm of global challenges such as climate change, non-proliferation, international trade and finance and the global commons, such as space, the oceans and cyberspace.     

Antigovernment Networks in Civil Conflicts: How Network Structures Affect Conflictual Behavior

In this article, we combine a game‐theoretic treatment of public goods provision in networks with a statistical network analysis to show that fragmented opposition network structures lead to an increase in conflictual actions. Current literature concentrates on the dyadic relationship between the government and potential challengers. We shift the focus toward exploring how network structures affect the strategic behavior of political actors. We derive and examine testable hypotheses and use latent space analysis to infer actors’ positions vis‐à‐vis each other in the network. Network structure is examined and used to test our hypotheses with data on conflicts in Thailand from 2001 to 2010. We show the influential role of network structure in generating conflictual behavior.     

Churches as Societal Veto Players: Religious Influence in Actor-Centred Theories of Policy-Making

The article argues that the study of western democracies benefits from a conceptualisation of Christian churches as societal veto players characterised by three features: their power, which depends on their potential for mobilisation; their preferences, which can be deduced from churches' official statements and which are often outside the political spectrum; and their coherence, which determines the size of their indifference curve. Conceptualised as societal veto players, churches can be included in actor-centred theories of policy-making. Particular attention should be paid to veto points, church–state relations and religious parties, as these are the features of the political system that affect churches' behaviours. A comparative study of churches' roles in stem-cell policies illustrates the use of the concept. The study shows that the Catholic Church is a ‘stronger’ veto player than protestant churches, but that this stronger role can have paradoxical effects on the resulting policies and the policy process.     

‘When I find myself in times of trouble …’ : The conditional effect of international organisations on policy convergence

Most quantitative analyses of policy convergence treat transnational communication in international organisations and domestic economic problems as additive factors. By contrast, this article argues that domestic economic problems motivate governments to search for successful policies, while international organisations offer channels for policy learning. Thus, both factors interact, magnifying each other's effects. The argument is corroborated by a quantitative analysis of the privatisation of telecommunications providers in the Western OECD world. A dyadic logit model shows that joint membership in international organisations increases the likelihood of policy convergence if governments face budget deficits. The argument of the article builds a bridge between theories of international organisations and domestic theories of policy making. Theories of the former gain an important scope condition specifying the conditions under which transnational communication works, while exploring the latter gains a theory specifying where new policy ideas come from.     

From Medusa Past Kantolo: Testing the Effectiveness of Canada's Enemy-Centric and Population-Centric Counterinsurgency Operational Strategies

Canada's counterinsurgency in Kandahar province, Afghanistan, involved two distinct operational strategies: an initial enemy-centric strategy and, after 2009, a population-centric strategy. Using insurgent-initiated attacks against civilians as a measure for the level of control and security provided by the counterinsurgency, this article tests the effectiveness of these two strategies using a quasi-experimental research design. This article finds that a population-centric counterinsurgency strategy that aimed to provide security to the population rather than destroy the insurgency resulted in the most controlled and secure environment for the civilian population. To the extent that a secure civilian population is important for successful counterinsurgency, the post-2009 population-centric operational strategy of the Canadian Forces, International Security Assistance Force (ISAF), and the United States increased the chances of a successful counterinsurgency in Afghanistan.     

Revolutions without guerrillas

While most scholars and policy analysts have long focused on guerrilla warfare as the predominant model of revolution, it has actually been revolutions without guerrillas that have toppled regimes throughout the world in the past decade. The 1989 popular uprisings in Eastern Europe that marked the end of more than 40 years of Communist rule were only the latest manifestation of a trend that had seen governments fall from Iran to the Philippines. Among the key differences between traditional insurgencies and the growing phenomenon of revolutions without guerrillas is the sudden and explosive nature of the latter. Whereas it may take an insurgency years, or even decades, to reach a point of ‘crisis’, thereby allowing sufficient time to design policy, supply weapons, or create strategies, in this new situation governments can be toppled in a matter of weeks and countries can become paralyzed overnight. Popular uprisings also tend to be less ideological and usually less violent than guerrilla campaigns. This article, which is a policy‐oriented study, outlines the characteristics of this phenomenon and discusses its implications for US interests in the 1990s.     

Practice and policy in the UK with children and young people who display harmful sexual behaviours: an analysis and critical review

Abstract

This article considers the trajectory and effectiveness of policy, procedures and practice in the UK since the early 1990s in responding to young people who display problematic and harmful sexual behaviours. It draws on data from three publications in which research, policy and practice in the last 20 years have been reviewed. Key themes raised by Masson and Hackett are revisited including: denial and minimisation; terminology and categorisation; similarities with other young offenders; the child protection and youth justice systems; and assessment and interventions. The authors find that there is improvement in recognition of, and practice in response to, this group of young people, but good practice standards are inconsistently applied. With devolution of political powers, Scotland and Northern Ireland are now embarking on a more strategic response than England. The absence of a public debate and prioritising of primary prevention of child sexual abuse is noted.     

Traversing the Fantasy: Why Leftist Academics Must Abandon the Myth of Organic Resistance and Think Again About the Problems We Face

Critical Criminology - The concept of organic resistance has stood as a cornerstone of critical social science for decades. Countless authors have claimed that minor acts of...