How fear of crime affects punitive attitudes

This article investigates different types of fear of crime as predictors for punitive attitudes. Using data from a Germany-wide representative survey (n = 1272) it examines the reliability and validity of survey instruments through confirmatory factor analysis (CFA) and uses structural equation modeling (SEM) to explain variations in the level of respondents’ punitive attitudes. The results show that different emotional and cognitive responses to crime have a distinctive effect on the formation of punitive attitudes. These effects vary significantly depending on socio-demographic factors and assumed purposes of punishment. A crucial observation of the study is that men’s fear of crime works in a different way in the formation of punitive attitudes than women’s fear of crime. The perceived locus of control for the crime threat is a possible explanation for this difference.     

The Role of Denial in the ‘Theft of Nature’: Comparing Biopiracy and Climate Change

Since its inception, green criminology has highlighted, examined and analysed environmental degradation and destruction. The ‘theft of nature’ is both an example and a driver of illegal and ‘lawful but awful’ acts and omissions that degrade the environment. Even though this theft is widespread and sometimes well known, it persists because powerful actors put forward an influential narrative of denial that obstructs interventions. This paper explores the role of denial in two thefts of nature—biopiracy and climate change—and compares and contrasts the manifestations of denial that contribute to their continuation. We consider the ‘appeal to higher loyalties’ (economic interests over environmental concerns), and discuss the implications if such denial goes unchallenged and remains the central narrative.     

Green Criminology Before ‘Green Criminology’: Amnesia and Absences

Although the first published use of the term ‘green criminology’ seems to have been made by Lynch (Green criminology. Aldershot, Hampshire, 1990/2006), elements of the analysis and critique represented by the term were established well before this date. There is much criminological engagement with, and analysis of, environmental crime and harm that occurred prior to 1990 that deserves acknowledgement. In this article, we try to illuminate some of the antecedents of green criminology. Proceeding in this way allows us to learn from ‘absences’, i.e. knowledge that existed but has been forgotten. We conclude by referring to green criminology not as an exclusionary label or barrier but as a symbol that guides and inspires the direction of research.     

A Level Playing Field: Conceptualizing an Empowering Research Framework for Criminologists Who Engage with Marginalized Communities

Some criminologists use empowering research approaches but fail to deliver on their promise to empower marginalized populations. This article explores the origins of such failures, identifies deficit perspectives as the main culprit, and explains how deficit narratives in participatory research advance marginalization processes. Distinguishing key channels of power in research—power of knowledge, power to self-direct, and power of socio-political influence—reveals that (contrary to deficit discourses) marginalized social groups are not powerless, criminologists wield less socio-political influence than frequently suggested, and power in research relationships distributes inconsistently, incongruently, and heterogeneously. To counteract deficit thinking, empowerment is defined from a counter-imperialist perspective. Given that the opposite of imperialism is self-determination and that the concept of empowerment origins in self-determination theory, the latter is used to conceptualize an empowering research framework, which is designed to enhance knowledge of all research parties and meet their need for autonomy, competence, and relatedness.     

Sectoral change and labour productivity growth during boom,bust and recovery in Central and Eastern Europe

This paper assesses the extent of structural or sectoral change and its importance for aggregate productivity growth during times of boom, bust and recovery. The analysis covers 10 EU countries from Central and Eastern Europe over the years 2001–2012. The reallocation of labour across sectors was substantial during the boom, very extensive in 2009 at the depth of the crisis and modest in the subsequent recovery period. The contribution of sectoral change to aggregate productivity growth is computed using various decomposition methods. Changes in labour productivity within sectors play the dominant role for aggregate productivity growth, while reallocation of labour between sectors is less important. This pattern is found through most of the sample period despite large differences in the extent of sectoral change during the boom, crisis and recovery.     

Products with nutrition and health claims in the Western Balkans: labelling behaviour,regulation and policy implications

This paper analyses food industry labelling behaviour in regulated and unregulated markets of products with nutrition and health claims (N&H claims) in the Western Balkans. The aim is to find out whether the intervention of the lawmakers in the form of labelling regulation improves transparency of labelling behaviour and facilitates a more informed consumer choice. The analysis is based on a shop survey of 475 products with N&H claims, conducted in six Western Balkan countries (WBC). Statistical inference is derived from the results of the Mann–Whitney and Kruskal–Wallis non-parametric tests as well as the Dunn post-test for all pairwise comparisons as a form of simultaneous nonparametric inference. Differences among the countries constituting the region are significant. In comparison with regulated markets in the region, unregulated WBC markets are characterized by a higher level of “spurious” statements dominated by regional/domestic producers not obliged to use scientifically-approved claims in their corporate practices. In these conditions, differences in labelling behaviour are expected as well, which is only partly confirmed by our testing results.     

The law and economics of supranationalism: the European Union and the subsidiarity principle in collective action perspective

This article, prepared for an issue devoted to the work of Judge Richard A. Posner, considers the implications of law and economics for the structure of supranational organizations, with particular attention to the application of collective action theory to the relationships among states in the EU. After discussing the connections between this approach and Judge Posner’s work, the article describes collective action theory and its implications for our understanding of the state and of relationships among states. From this perspective, supranational organizations such as the EU can be understood as institutional structures that facilitate collective action among states by reducing the transactions and enforcement costs of making and implementing collective decisions. At the same time, the delegation of authority to supranational institutions creates agency costs for states and their peoples because the interests of the state and its people diverge from the interests of the collective in some instances. Viewed in this perspective, the institutional structure of the EU—like that of other supranational organizations or federal nation states—reflects an effort to strike a balance between collective decision making and local control so as to maximize the collective gains and minimize the resulting agency costs. Understood in these terms, various features of the EU’s institutional design make sense. The ordinary legislative process permits the EU to act without the unanimous consent of member states, thus reducing transactions costs in those areas where collective action is necessary, particularly in relation to the creation and regulation of the internal market. The EU reduces enforcement costs through principles of direct applicability or effects and the supremacy of EU law, which are effective legal restraints in states governed by the rule of law. The institutional structure of the EU also incorporates a representative and deliberative process for collective action that helps control the resulting agency costs for member states and their peoples through supermajority and co-decisional requirements. The collective action perspective also illuminates the function of the subsidiarity principle and the enhanced role of national parliaments in its enforcement.     

Rational choice attitudinalism?

This essay reviews Epstein, Landes, and Posner’s The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice. Their book systematically asks how the role of ideology varies across the tiers of the federal judicial hierarchy. A major finding is that the impact of ideology increases from the bottom to the top of the judicial hierarchy. Their typical methodology formulates an ex ante measure of judicial ideology such as the political party of the appointing president, and demonstrates that this measure correlates with later judicial behavior, often voting on case dispositions. Along the way, they investigate a multitude of topics, including some quite under‐explored ones. We argue that ELP’s theory is only weakly connected to their empirical practice, for the latter focuses on the role of ideology in judging while the former says almost nothing about that relationship. In fact, though, their empirical practice does embed a theory of law and ideology, but one quite different from that suggested by the book’s rhetoric. In the penultimate section of the essay, we explore this disconnection between ELP’s theory, practice, and interpretation. Its origin (we argue) lies in an extremely thin conceptualization of law. We conclude with the issue posed in ELP’s final chapter, “The Way Forward,” but suggest a rather different path.