‘Narcoballads’: The Psychology and Recruitment Process of the ‘Narco’

There have been several studies conducted about racist groups, gangs, cults, terrorist and other criminal organisations, but very little has been written about the psychology and recruitment process of the ‘narcotrafficker’. This is because like most criminal organisations, they tend to be secretive and difficult to penetrate by law enforcement, academics and others who wish to study them. Using an audio‐recorded content analysis of ‘narcocorridos’ — ballads glorifying the activities of the ‘narcos’ and describing their successes' — as well as Social Identity and Group theories, the author describes some of the techniques used to recruit individuals into drug cartels; the labels, stereotypes and images of the in-group versus the out-group and the similarities in the socialisation and recruitment process of other criminal organisations. This study shows the recruitment of individuals into drug cartels follow similar patterns to other criminal organisations including the need for power, belonging, respect, security and pride.     

The ‘good’, the ‘bad’ and the ‘Charlie’: the business of cocaine smuggling in Greece

This article examines the social organisation of cocaine smuggling in Greece. Emphasis is placed on the involvement of professionals from the shipping industry and actors from the ‘upper society echelons’ who play a pivotal role in the transportation and importation of cocaine to Western Europe and Greece. After considering empirical evidence from a variety of sources, our findings indicate that the cocaine market in Greece is ‘organised’ by a system of collaborative relationships between state, business and civil society actors. It is suggested that to better understand the nature of this illegal market, further research is required to take a closer look into the economic, socio-cultural and political incentives of these actors.     

The problem with ‘dots’: questioning the role of rationality in the online environment

Regulatory theorists often use the ‘dot’ as a metaphor to help conceptualise their models of a given environment. Lessig famously used the ‘pathetic dot’ in his classic, ‘Code and Other Laws of Cyberspace’ and Murray’s ‘Regulation of Cyberspace’ used interconnected dots to help describe networked communitarianism and to discuss the effectiveness and implementation of symbiotic regulation. However in both models, the dot is seen as a rational actor. The rational ‘dot’ is presumed to have a complete set of preferences and the ability to gather all the necessary information in order to make an informed decision that optimally reflects their choices and preferences. However, research from psychology and, increasingly, economics has shown that humans are often prone to making errors in judgements. The paper argues that using the metaphor of dots to describe how rational actors behave in the digital environment is problematic. Actors deploy heuristics when making judgements, resulting in systematic errors and biases, often compromising the assumptions of the regulator. Accordingly, the way actors behave in the online environment is not rational at all; thus, models built on rationality start from a false premise.     

‘In Vino Veritas’: Truth and Method in Vinogradoff's Historical Jurisprudence

Sir Paul Vinogradoff is widely regarded as the intellectual heir of Sir Henry Maine. As such, he is implicated with Maine in the failure of historical jurisprudence to displace Austinian positivism at the heart of English legal theory. Yet Vinogradoff was of a different generation and intellectual provenance from Maine. By examining the relationship between Vinogradoff's historical jurisprudence and the work of the celebrated German historian Theodor Mommsen, this article aims to reaffirm the distinctiveness of Vinogradoff's contribution to English jurisprudence. It finds at the core of that contribution a Germanic commitment to ‘science’ and ‘method’ that proves both a strength and a weakness in the common law world of the time, and so reflects something of the character of that broader world itself.     

‘Female Husbands’, Community and Courts in the Eighteenth Century

While there was no specific law prohibiting sex between women in the eighteenth century, some women were prosecuted as a consequence of same-sex relationships. These ‘female husbands’, women who married other women under male identities, often lived highly individual lifestyles; but their path through prosecution and punishment involved a much more intricate web of relations. Thus an exploration of their cases highlights important features of the contemporary criminal justice system as well as popular and elite attitudes to the specific offences. In particular, understandings of the role of the community in the discovery, prosecution, and punishment of criminal offences are complicated by an examination of the female husband cases. In a crucial period of change for the legal system, the complexities of its processes as well as the impact of class, gender, and culture are exposed. Light is shed upon the shifting roles and interests of the individual, the local community, and the courts at a point when criminal cases were in the early stages of a shift from private prosecution and public punishment to greater formality and state control. These unusual cases bring into focus the complex role of community relationships in an evolving legal system.     

The legitimization and institutionalization of ‘parental alienation’ in the Province of Quebec

ABSTRACT

This article examines the legitimization and institutionalization of ‘parental alienation’ discourse in the Province of Quebec, Canada. It draws upon an analysis of 31 documents (legislation, research reports and articles, training documents, professional documents and media articles) and interviews with 13 key informants, who were selected based on their knowledge of ‘parental alienation’ in research, policies or practices. The research findings reveal that the legitimization and institutionalization of ‘parental alienation’ discourse is a more recent process than in other provinces and countries, but that it has now permeated child custody as well as child protection proceedings. Academic researchers and media have been instrumental in this legitimization and institutionalization process, while the role played by changes to child protection policies is more ambiguous. The findings reveal researchers’ and experts’ tendency to distance themselves from Gardner’s controversial work on ‘parental alienation syndrome’ and to address the critiques by proposing new approaches and new concepts. However, the terms ‘parental alienation syndrome’, ‘parental alienation’ and ‘alienating behaviours’ are often used interchangeably, and assessment practices tend to rely on similar indicators.     

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.     

‘Standing’ by: disability hate crime and the police in England

This article discusses the Don't Stand By: Hate Crime Research Report (DSB) (Mencap, 2011), which documents failings in policing practices related to reporting and responding to disability hate crime. Such failings, we argue, constitute not so much direct discrimination but acts of ‘normalcy’. Normalcy is the process whereby taken for granted ideas about what is normal become naturalised; in this respect being non-disabled is seen as normal. Acts of normalcy, whilst less tangible, are by no means less violent or harmful than acts of ‘real discrimination’ or ‘real violence’ (Goodley and Rumswick-Cole, 2011). Systemic and cultural normalcy within the police is not new, as can be seen in the case of Stephen Lawrence.     

‘We are Jamaicans:’ living with and challenging the criminalization of homosexuality in Jamaica

Today, some 80 countries around the world have legislation criminalizing homosexuality, while those who engage in same-sex relations risk mob violence resulting from cultural intolerance. Despite this, gay rights advocacy within these countries exists. This paper examines gay rights advocacy in Jamaica – a nation which criminalizes same-sex relations and which has been identified by observers as among the most intolerant of same-sex relations. Using interviews with gay rights activists working with Jamaica’s leading gay rights organization, this paper describes the gay rights movement in a climate of repression. It begins with an overview of Jamaican sexual values, tracing its condemnation of homosexuality to a history of plantation slavery. Next, it discusses the emergence of a gay pride movement and the development of a broad-based association for all sexual orientations and identities. Finally, it examines the advocacy and activism of the Jamaican Forum for Lesbians, All-Sexuals, and Gays, a voice for Jamaica’s lesbian, gay, bisexual, and transgendered community. Throughout, the paper reveals how even an oppressed identity may find a voice and thrive despite the greatest of legal and cultural challenges.     

Between the ‘Home’ and ‘Institutional’ Worlds: Tensions and Contradictions in the Practice of House Arrest

In this paper we argue that the theoretical work of Goffman (1961) on “total institutions,” Foucault’s (1977) insights into the workings of disciplinary power, and an account of contemporary forms of punishment and social control in postmodern society (Staples 2000) help us better understand the experiences of those individuals sentenced to house arrest. Based on face-to-face interviews with twenty-three people being electronically monitored in a Midwestern metropolitan area, our analysis identifies three themes that illustrate the ways in which electronic monitoring is experienced as a complex amalgam of what Goffman (1961, p. 13) saw as the distinct “home world” and the “institutional world”. These themes include (1) “Home is Where the Machine Is,” (2) “Producing Docile Bodies,” and (3) “Threat of Sanctions”. We reassert our claim (Staples 1994, 2000) that contemporary forms of social control such as electronic monitoring reflect an ongoing struggle to deal with problems and issues set in motion with the birth of modernity.     

The Effect of ‘Stabilization’ in the Mandates and Practice of UN Peace Operations

Netherlands International Law Review - In the last decade UN peace operations have begun to explicitly seek ‘stabilization’ in the states to which they are deployed. Despite the term...     

‘Vulnerable by law (but not by nature)’: examining perceptions of youth and childhood ‘vulnerability’ in the context of police custody

This paper, drawing upon qualitative data produced through interviews with custody officers (COs) at two custody suites in England, examines how the vulnerability of children and young people is conceptualised generally, within the criminal process, and then, more specifically, in police custody. It uses the appropriate adult (AA) safeguard under Code C to the Police and Criminal Evidence Act 1984 as the point of reference and explores, firstly, how childhood is conceptualised and, secondly, how childhood vulnerability is understood by COs. The responses of COs are perhaps indicative of a wider issue within the criminal process – the construction of youth and childhood and, accordingly, the criminal law response to children and young people. Within this paper, whilst it is accepted that childhood and vulnerability are non-static concepts, it is nevertheless contended that children and young people are vulnerable, particularly when facing the criminal process.     

The State of Nature and Laws of Seinfeld: Not That There’s Anything Wrong With That

Seinfeld (1989–1998) and it’s co-creator’s Curb Your Enthusiasm (2000–present), are each considered groundbreaking television. Critics regard their humor and intellectual comedy as Twain-like and creative. While both shows have been criticized for their character’s indifference and apolitical attitude, the programs resonate with those in society who more subtly consider law and politics. This project argues that Seinfeld and Curb present a unique theory of justice. These two shows constitute a common and current image of what is just in society. While critics have argued that Seinfeld and Curb are not shows about nothing, I argue that these comedians offer us a legal philosophy. For those who view these characters as merely “self-absorbed, superficial, and immature,” I posit that they represent the obscure area between what John Locke termed “the state of nature” and what legal scholars call “legal culture.” I propose that these sitcoms demonstrate a way of speaking about law that provides a constitutive theory of law and justice.     

The ‘Strasbourg Effect’ on data protection in light of the ‘Brussels Effect’: Logic,mechanics and prospects

This article considers various factors that will shape the potential effect of the Council of Europe's modernised Convention on data protection (Convention 108+) on non-European states’ regulatory policy. It does so by elucidating the logic and mechanics of this effect in light of the ‘Brussels Effect’ that is commonly attributed, in part, to EU data protection law. The central arguments advanced in the article are that the impact of Convention 108+ beyond Europe will rest primarily on the Council of Europe's ideational power tempered by processes of acculturation, and secondarily on the degree to which the EU is willing to use the ‘Brussels Effect’ as a vehicle for promoting non-European states’ accession to the Convention.     

The legality and enforceability of ‘stay-at-home’ orders: the appropriate response to Covid-19 by Trinidad and Tobago

The threat posed by the Novel-Coronavirus or Covid-19 is unprecedented. It presents unanticipated challenges to States globally as they seek to protect their citizens from the effects of the virus. Perhaps the measure that is most tangibly felt is the widely used “stay-at-home” orders. The struggle for any democratic government will be to balance the protection of citizens with the maintenance of legality and, by extension, constitutionality. This discussion is particularly important as the steps taken to address the spread of the virus are all grounded in Regulations pursuant to the Public Health Ordinance of Trinidad and Tobago.     

The Role of Principles and General Principles in the ‘Constitutional Processes’ of International Law

Netherlands International Law Review - The fundamental elements of the international legal system remain subject to debate. Constitutionalism is merely the latest instalment of this continuing...