Reluctant Participants in Restorative Justice? Youthful Offenders and Their Parents

This paper examines offender and parental involvement in the Vermont Juvenile Restorative Panels Program. In this program, juvenile offenders on probation appear before citizen‐run boards to negotiate the terms of their probation, which may include apologies, community service, restitution, and competency development tasks. Victims and parents of the offender also participate. This study reports findings from a qualitative analysis of 22 cases, including observations of panel meetings and interviews with program coordinators, offenders, parents, and victims. We find that offenders vary in level of participation as well as in their willingness to take responsibility. Parents do not understand the program well, worry about their child’s likelihood of compliance, but generally support the goals of the program. The implications of these findings for restorative practices with juveniles are explored in the concluding section.     

Catalyst or Cause? Legislation and the Demise of Machine Politics in Britain and the United States

In the nineteenth century, British and American parties competed by hiring electoral agents to bribe and treat voters. British parties abruptly abandoned this practice in the 1880s. The conventional explanation is that legislation put an end to agent‐mediated distribution. But this explanation leaves many questions unanswered. Why did the parties use agents for decades, even though they imposed great expense on candidates and were viewed as untrustworthy? And why, after decades of half‐hearted reforms, did the House of Commons pass effective antibribery reforms only in 1883? In our formal model, parties hire agents to solve information problems, but agent‐mediated distribution can be collectively suboptimal. Legislation can serve as a credibility device for shifting to less costly strategies.     

Empty Promises? The Demise of Self-Bonding for Coal Mining Reclamation

Over the past few years, a number of major coal companies have undergone bankruptcy. The financial assurance these coal companies provided for reclamation of mines has become an important issue as federal and state agencies have sought to avoid footing the bill for reclamation of mining sites. In particular, the practice of self-bonding, as opposed to third-party bonding, has come under scrutiny. Recent bankruptcies of coal companies have exposed the risk that companies that go bankrupt, or do not come out of bankruptcy, will not be able to provide funds or assets in the amount that the company self-bonded. In other words, self-bonds amount to empty promises, particularly when the coal industry is distressed. Accordingly, federal agencies have discouraged self-bonding. Some states have abandoned the practice. Environmental groups have called for a universal prohibition on self-bonding. In recent bankruptcy proceedings, coal companies bowed to pressure to replace self-bonds with other collateral. But it is not clear that self-bonding is gone for good—or whether it should be.     

The European Commission's Own ‘Preliminary Reference Procedure’ in Competition Cases?

This article considers the implications of the European Commission, as primary administrative enforcer of competition law in the Union, using its own ‘preliminary reference procedure’, through observations in national court proceedings under Council Regulation 1/2003, to minimise the risks of divergent application of EU anti‐trust rules under the decentralised system of enforcement ushered in by that Regulation. It sets the scene with the relationship between the European Commission and national courts in competition law, before describing the relevant provisions of the Regulation and its accompanying Courts Notice. It then discusses the legal nature of the Commission opinion as a Union instrument. Identifying cases where the Commission has offered observations, it assesses the implications of administrative intervention in judicial decision making. It finds that greater transparency is crucial for legitimacy, legal certainty and maximum impact on consistent application.     

Are Immigrants and Their Descendants Discriminated against in the Danish Criminal Justice System?

The study presents Danish data from 2000 showing disparities between persons with a Danish background and persons with a foreign background regarding their treatment in the criminal justice system. Persons with a foreign background are more likely to be arrested in relation to a charge, they are more likely to be remanded in custody without subsequently being convicted, and they are more likely not to be convicted when charged with an offence. Controlling for a number of factors regarding the suspect and the crime does not eliminate the disparities. A number of possible explanations are discussed.1 ¹The results of this study were presented at the Second European Society of Criminology Conference in Toledo in 2002. We are grateful to two anonymous referees for their valuable comments.      

Do Formalist Judges Abide By Their Abstract Principles? A Two-Country Study in Adjudication

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Recent literature in experimental philosophy has postulated the existence of the...     

Fiddling in a Vortex: Have American Orchestras Squandered Their Supremacy on the American Cultural Scene?

In 2009, the socialist government of Greece (PASOK) joined for the first time the portfolios of culture and tourism, establishing the Ministry of Culture and Tourism. The discourse supporting and contesting the merger, as well as the merger's implications, are explored from a cultural policy perspective, through an analysis of the statements and policies issued by the government on the issue during its first year in office. The challenges created by the merger concern policymakers internationally, as they echo increasing tensions between socio-cultural and financial objectives as a result of worldwide convergence of cultural and economic spheres.     

Individual Differences in the Deterrence Process: Which Individuals Learn (Most) from Their Offending Experiences?

Objectives

To test whether individuals differ in deterrability by studying whether the effect of criminal experiences on perceived detection risk varies by criminal propensity.

Methods

Data from the British “Offending, Crime and Justice Survey”, a four-wave panel study on criminal behavior and victimization, are analyzed. Two subsamples for analyses are constructed: one of non-offenders at first measurement, to analyze the effect of gaining first offending experiences during the time of study (n = 1,279) and one sample of individuals who have committed offenses within the past year (n = 567), to analyze the effect of police contact among active offenders. Fixed-effects regressions of perceived detection risk on criminal experiences and interactions between criminal experiences and measures of criminal propensity (risk-affinity, impulsivity) are estimated.

Results

Analyses support learning models for the formation and change of risk perceptions, but individual differences by criminal propensity are present in the deterrence process: After gaining first offending experiences, impulsive individuals as well as risk-averse individuals are more likely to lower their perceptions about the probability of detection than less impulsive or risk-affine individuals are. A positive effect of police contact on expected detection risk is restricted to risk-averse individuals.

Conclusions

Findings support claims that deterrence works differently for crime-prone individuals. The differential effects of impulsivity and risk-affinity underline the importance of not combining constituent characteristics of criminal propensity in composite indices, because they might have differential effects on deterrence.     

Caught in an Authoritarian Trap of Its Own Making? Brazil's ‘Lava Jato’ Anti-Corruption Investigation and the Politics of Prosecutorial Overreach

The negative and corrosive impacts of corruption in the fields of economics, politics, and law are widely discussed. Less understood are the potentially negative impacts of anti-corruption struggles and strategies themselves. This article presents a case study of Brazil's ‘Car Wash’ (‘Lava Jato’) scandal from a legal and political perspective. Although the subsequent Operation Car Wash investigation was widely regarded as remarkably successful, supposedly buttressing the rule of law through high-profile prosecutions of leading politicians and businesspersons, the article argues that legal due process, wider constitutional law, and the political process were undermined. While the use of media leaks to strengthen the investigation proved tactically successful, when coupled with new legal instruments it undermined the presumption of innocence and contributed to a climate in which political and legal debates themselves became increasingly subordinated to simplistic polarizing anti-corruption discourses, thereby undermining an already fragile political and institutional environment.     

Nondualism in Early Śākta Tantras: Transgressive Rites and Their Ontological Justification in a Historical Perspective

This paper examines the ritual and philosophical meaning of the term ‘nondual’ (advaya/advaita) in early ?ākta Tantras (6th–9th centuries), including some early sources of the anti-ritualist kaula cult. It shows that nondualism denoted only ritual nondualism in the earliest texts, namely, the principle of seeing and using pure and impure substances in ritual without distinction, rejecting the pure-impure dichotomy of orthopraxy. The ontology these tantras presuppose is basically dualist, for they usually see the Lord and the created world as different and regard original impurity (mala) as a removeable material entity, similarly to the classical system of the dualist ?aiva Siddhānta. Nondual ontology evolves gradually, starting with scattered statements about the nature of the god and the phenomenal world, usually in a ritual context. It appears in a form similar to the classical one only in the Krama and related systems, as argued in Sanderson (in: Goudriaan (ed.) Ritual and speculation in early tantrism: studies in honour of André Padoux, 1992).     

Yea or Nay: Do Legislators Benefit by Voting Against Their Party?

This article asks whether legislators are able to reap electoral benefits from opposing their party on one or more high‐profile issues. Using data from a national survey in which citizens are asked their own positions on seven high‐profile issues voted on by the U.S. Senate, as well as how they believe their state's two senators have voted on these issues, I find that senators generally do not benefit from voting against their party. Specifically, when a senator deviates from her party, the vast majority of out‐partisans nonetheless persist in believing that the senator voted with her party anyhow; and while the small minority of out‐partisans who are aware of her deviation are indeed more likely to approve of and vote for such a senator, there are simply too few of these correctly informed citizens for it to make a meaningful difference for the senator's overall support.     

Global War on Girls? Policing Girls’ Sexuality and Criminalizing Their Victimization

This article briefly explores the disconnect between the global discourse on girls’ issues, which really focuses on girls’ rights, and most particularly their right to be free from victimization, and the American focus on girls, which is far more concerned with bad or violent girls. Specifically, the article reviews the increase in girls’ arrests in the United States for offenses like simple assault and the concomitant increase in girls’ share of juvenile court populations. Arguing that the maltreatment of girls is at the heart of such a shift, the article reviews current data on the prominence of cross-over or dual status youth (youth who have experienced both victimization and criminalization) in the female court population. Presenting evidence that the failure to protect American girls from harm is related to these patterns, the article concludes with a gender-responsive program that focuses on reducing harm to girls so as to prevent their future delinquency.     

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.     

Why Is Fast Track the Way to Go? Justifications for Early Agreement in the Co‐Decision Procedure and Their Effects

Since the introduction of the co‐decision procedure by way of the Maastricht Treaty, the procedure has been transformed considerably. One of the most striking innovations is the possibility to adopt a legislative act in first reading. This article aims to answer the questions whether the increasing use of this fast track procedure is in line with Treaty provisions and/or intra/inter‐institutional rules, and what the effects are of these stipulations. The empirical findings presented in this study indicate that two reasons for taking the fast track gain dominance in the practical political process, ie the political priorities of the Council and European Parliament (EP) and whether these actors consider a legislative file as urgent. From a study of two directives, it becomes clear that this dominance of factors has consequences for the type of early agreement reached (first or early second), the quality of the adopted legislation and its implementation at the national level.     

Why Reflective Equilibrium? II: Following Up on Rawls's Comparison of His Own Approach with a Kantian Approach

In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective equilibrium” is on a par with Kant's concept of “transcendental deduction.” Treating these two approaches to justification as paradigmatic, I consider their respective merits in meeting the reflexive challenge, i.e., in offering a justification for choice of mode of justification. My enquiry into this topic comprises three parts. In the first part (Eng 2014a), I raised the issue of the reflexivity of justification and questioned whether the reflexive challenge can be met within the framework of A Theory of Justice. In this second part, I shall outline a Kantian approach that represents a paradigmatic alternative to Rawls.