After Postpositivism? The Promises of Critical Realism

This article argues that the current self-understanding of IR theory is misconceived and that it is time to move beyond the stagnant positivism/postpositivism debate. We argue that the attempt to occupy a middle ground compromise position between positivism and postpositivism is untenable because these two positions share much in common. In this sense a middle ground position between two problematic positions does not produce a less problematic position. What is needed is a metatheoretical analysis of the two extreme positions. We attempt to show how both positivism and postpositivism are embedded in a discourse of philosophical anti-realism. This anti-realism occurs as a result of what we call the post-Kantian-Humean 'problem-field' of international relations from which most contemporary positivist, constructivist, and post-structuralist IR approaches stem. We then try to overcome this 'problem-field' by means of radically reclaiming reality through a critical realist philosophy. Once outlined we try to show how this critical realist philosophy can help transcend some of the antinomies currently faced by IR scholars.     

Anne Wagner,La Langue de la Common Law

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Pluralism, Corporatism and the Distributive Conflict in Developed Capitalist Countries

In the 1970s the level of the distributive conflict increased in most developed capitalist countries. But at the same time it was found that the level of the distributive conflict remained on an unchanged level or even declined in some countries. In this article the role of interest organizations is analysed in explaining both cross-national differences in the level of the distributive conflict and the resurgence of the distributive conflict in the 1970s. Using Mancur Olson's new theory of interest organizations, the author shows on a theoretical level that a pluralist mode of interest intermediation is conducive to a high level of the distributive conflict and that a corporatist mode of interest intermediation is conducive to a low level of the distributive conflict. Empirical analyses in 18 developed capitalist countries are then carried on to test this theory. Empirical analyses strongly support the theory.     

The factors associated with criminal recidivism in Finnish male offenders: importance of neurocognitive deficits and substance dependence

Neurocognitive deficits and psychiatric disorders are often brought up as risk factors of recidivism. In this study, we investigated how neurocognitive and academic deficits and psychiatric disorders (including substance dependence) are associated with criminal recidivism and prison career among male offenders. In a health survey of Finnish prisoners, 72 sentenced male prisoners were examined in Turku prison using a neurocognitive test battery and psychiatric assessment including a standardized psychiatric interview (SCID-I, II). The neurocognitive and academic tests were chosen to assess domains of cognitive functioning and reading, spelling and mathematical skills. Our results showed that the combination of neurocognitive deficits and substance dependence was connected to recidivism. Axis I diagnosis (major mental disorders) and substance dependence were connected with neurocognitive and academic deficits. Moreover, first-time offenders had fewer neurocognitive deficits and Axis I disorders, less substance dependence and fewer personality disorders than those with several convictions. Rehabilitation of cognitive functions and academic skills, along with intervention for mental health problems and substance dependence could help to prevent the unfavourable circle of criminal career.     

Roadside oral fluid testing: comparison of the results of drugwipe 5 and drugwipe benzodiazepines on-site tests with laboratory confirmation results of oral fluid and whole blood

Drugged drivers pose a serious threat to other people in traffic as well as to themselves. Reliable oral fluid screening devices for on-site screening of drugged drivers would be both a useful and convenient means for traffic control. In this study we evaluated the appropriateness of Drugwipe 5 and Drugwipe Benzodiazepines oral fluid on-site tests for roadside drug screening. Drivers suspected of driving under the influence of drugs were screened with the Drugwipe tests. Oral fluid and whole blood samples were collected from the drivers and tested for amphetamine-type stimulant drugs, cannabis, opiates, cocaine and benzodiazepines by immunological methods, GC and GC-MS. The performance evaluations of the tests were made by comparing the results of the Drugwipe tests with laboratory GC-MS confirmation results of oral fluid or whole blood. In addition to the performance evaluations of the Drugwipe tests based on laboratory results, a questionnaire on the practical aspects of the tests was written for the police officers who performed the tests. The aim of the questionnaire was to obtain user comments on the practicality of the tests as well as the advantages and weak points of the tests. The results of the performance evaluations were: for oral fluid (sensitivity; specificity; accuracy) amphetamines (95.5%; 92.9%; 95.3%), cannabis (52.2%; 91.2%; 85.1%), cocaine (50.0%; 99.3%; 98.6%), opiates (100%; 95.8%; 95.9%), benzodiazepines (74.4%; 84.2%; 79.2%) and for whole blood accordingly, amphetamines (97.7%; 86.7%; 95.9%), cannabis (68.3%; 87.9%; 84.9%), cocaine (50.0%; 98.5%; 97.7%), opiates (87.5%; 96.9%; 96.6%) and benzodiazepines (66.7%; 87.0%; 74.4%). Although the Drugwipe 5 successfully detected amphetamine-type stimulant drugs and the police officers were quite pleased with the current features of the Drugwipe tests, improvements must still be made regarding the detection of cannabis and benzodiazepines.     

‘Swimming the Witch,Pricking for the Devil's Mark’: Ordeals in the Early Modern Witchcraft Trials

The article focuses on the problem of why ordeals returned to use in the early modern European witchcraft trials after they had been prohibited in 1215. The problem is approached comparatively and in context of the law of proof, with special focus on Scandinavia. The main argument of the article is that the use of ordeals in the early modern period was dependent on the degree of professionalisation of the legal profession and of the ‘scientification’ of the procedural system. This explains why ordeals were used more in France, Germany and Switzerland than in Scandinavia. The study also sheds some light on the rarity of ordeals in England, Spain and Russia.     

The problem of regulatory arbitrage: A transaction cost economics perspective

Regulatory arbitrage, or the ability of financial firms to circumvent or neutralize rules, is a classic problem of financial regulation. This article draws on transaction cost economics (TCE) to reformulate this old problem, thus defining regulatory arbitrage as a contracting hazard arising from interactions between the regulator and regulated firms, given bounded rationality and opportunism. Following standard TCE, the article first characterizes the implicit regulatory contract in finance, focusing in particular on the mobile and elastic nature of regulated actors and financial assets as well as the contested utility of financial innovation. It is then argued that this incomplete and hazard-prone regulatory bargain must be matched with a governance structure that both adapts to unforeseen circumstances and avoidance strategies and copes with radical uncertainty about the welfare consequences of financial innovation. To that end, the article discusses how a governance structure here termed “relational regulation” might facilitate such ex post governance under uncertainty.     

Not All Substance Dependence Problems are Recognized as Risks—Comparing a Medical Health Study with Prison Assessments

Substance abuse is viewed as one of the main factors (criminogenic needs) to be assessed and targeted in prison. Prison assessments of risk and needs are known to validly predict reoffending. However, there seems to be lacking research in how reliably the individual prisoner’s problems, such as substance abuse, are represented in the assessments. In this study, we compare an independent medical health study (N?=?510) with in-prison assessments for the same persons to see whether some of the inmates’ substance abuse disorders were overlooked in prison. We found that sentence plans (257) were in poor agreement with the health study (Kappa 0.315); they recognized only 65 % of all diagnoses. The risk and needs assessments (178) were in closer agreement with the health study, however, alcoholism diagnoses were recognized less accurately (Kappa 0.519) and less frequently (78 %) than drug diagnoses (Kappa 0.627, 87 %). The main factors predicting an assessment of substance abuse risks in prison, analysed through logistic regression were: longer stay in prison and one or more dependence diagnoses. We conclude that, a number of potentially criminogenic dependence problems remain unrecognized since some groups of prisoners are either completely left out from the more thorough instrument, the risk-and-needs assessment, or are not assessed thoroughly enough. This puts prisoners in unequal positions, since all interventions in prison are based on assessments. The study alerts us of the selectiveness of prisoner assessments in practical settings; the unrecognition of problems of shorter sentenced prisoners and prisoners with alcohol dependence.