RSPCA and the criminology of social control

This paper contributes to a rethinking of animal abuse control and animal welfare protection in criminology, specifically, and in the social sciences more broadly. We do this, first, through a broad mapping of the institutional control complex around animal abuse in contemporary Britain. Second, we focus on the institutional strategies and practices, past and present, of the main agency of animal protection, and the policing thereof, in this society, namely the Royal Society for the Prevention of Cruelty to Animals (RSPCA). In looking back to this charity’s growth since the first decades of the nineteenth century at the time of the birth of modern industrial capitalism and also to its current rationale and practices as a late-modern, corporate organisation, we explore the seeming paradox of a private body taking a lead on the regulation and prosecution of illegalities associated with animal-human relationships. Finally, the ideology and strategy of the RSPCA are explored in the context of the often visceral and culturally influential ‘morality war’ associated with proponents, respectively, of animal rights (‘abolition’) and ‘anthropic’ welfare proponents (‘regulation’ and ‘protection’).     

The Effectiveness and Legitimacy of International Environmental Institutions

The Multilateral Environmental Agreements (MEAs) concluded during the past decades have established complex interlinkages between the institutions established by MEAs and institutions such as UNEP, UNDP and the World Bank and the funds administered by the Bank, in particular the GEF. Questions regarding the effectiveness and legitimacy of this system of global environmental governance have arisen both in practice and in research. This essay explores the manner in which these questions have arisen, how they have been addressed in recent research and provides the context for the subsequent contributions to this special issue. Steinar Andresen is professor of political science at the University of Oslo, Ellen Hey is professor of public international law at the Erasmus University, Rotterdam.     

Interplay management: enhancing environmental policy integration among international institutions

This article investigates how and to what extent the current management of inter-institutional relationships within International Environmental Governance (‘interplay management’) contributes to Environmental Policy Integration (EPI), and identifies options for enhancing EPI among international institutions. To this end, it first develops a framework for the systematic analysis and assessment of interplay management as a means for achieving ‘strong’ EPI, distinguishing four levels and two principal modes of management. On this basis, the article assesses the current contribution of International Environmental Governance to advancing EPI as regards three categories of institutional interaction. The analysis demonstrates the need to fit interplay management to the particular governance conditions of varying interaction situations and highlights the lack of systematic and consistent support for EPI among international institutions. Options to improve this situation include in particular promoting inter-institutional learning and assistance for the benefit of environmental institutions as well as ensuring consideration of and respect for environmental requirements. Adapting the statutes and mandates of individual institutions and developing suitable guidance under general international (environmental) law have the highest potential for implementing these options. In contrast, joint management initiatives and a strengthened international environmental organisation have a much more limited, supplementary potential.     

Norway in UN environmental policies: ambitions and influence

This is a study of Norway’s ambitions for influencing UN environmental policies and then on the scope for impact. On the whole, it is clear that Norway has not been particularly successful in its general efforts at strengthening UNEP. These proposals have failed, due mainly to opposition from key states. Norway is after all a minor player in global governance issues, even in those pertaining to the environment. Norway has been more successful in efforts that indirectly strengthen UNEP, by supporting UNEP in initiating new MEAs. We found three main factors that help to explain why Norway has a relatively high level of influence at the international environmental arena compared to its size. First, there is a relatively straightforward domestic decision-making process with little conflict. Second, Norwegian officials and NGOs possess considerable expertise in these issues, adding to the intellectual leadership role of Norway in pushing for new principles and international legislation through UNEP. Third, Norway is sometimes able to join forces in environmental alliances with other like-minded countries. This would seem to carry the widest scope for increasing impact.

Transboundary water interaction II: the influence of ‘soft’ power

This paper seeks to broaden the analysis of transboundary water interaction, by examining and interpreting the influence of ‘soft’ power therein. The ‘soft’ power of persuasion is understood to be exercised through discursive and to a lesser extent ideational means, and is interpreted in terms of compliance related to distributive (conflictual) or integrative (consensual) ends (after Scott (1994)). The focus is on inter-state water conflicts in hegemonic political contexts, where, it is found, the ‘first among equals’ has a greater ability to exploit ‘soft’ power and to determine the outcome. ‘Soft’ power is also seen to influence the choices states make or avoid in their transboundary water interaction, which explains in part how treaties intending to manage conflict may in fact delay or perpetuate it. For example, ‘soft’ power can be used by the basin hegemon to frame inequitable forms of cooperation in a cooperative light, such that unfair and ultimately unsustainable transboundary arrangements are replicated by the international donor community. Non-hegemonic riparian states also employ their capacity of ‘soft’ power, though may find themselves with little choice other than to comply with the arrangement established by the basin hegemon. The findings stress the importance of analysts questioning claims of interaction promoted as ‘cooperative’, and of examining the ‘soft’ power plays that underlie all transboundary water arrangements. Exemplification is provided through transboundary river basins and aquifers around the globe.     

Pretend It Doesn'T Work: The ‘Anti-Social’ Bias In The Maryland Scientific Methods Scale

The social constructs and methodological principles embodied in the Maryland Scientific Methods Scale (SMS), comprising part of the Campbell Collaboration in Crime and Justice assessment protocol, induce a series of biases in the evaluation of evidence of crime prevention policy interventions that focus on collective social phenomena, such as communities. Applying these principles leads to negative conclusions about effectiveness; yet their inherent ‘anti-social’ bias may induce Type II error with regard to the desirability of ‘social’ interventions to reduce crime. Policy-making is poorly served as a result. This point is illustrated, first, through a scrutiny of the social constructs used, including those that typify treatments, institutional settings and units of analysis. These are seen as being constructed in a way that is congenial to the underlying methodological issue of ‘control’ but that constitute nevertheless a distorted definition of the governance issues involved in crime reduction in community settings. A model more appropriate for evaluating voluntaristic action in civil society is needed. Second, it is suggested that this methodological bias arises particularly in policy interventions and change programmes that address issues concerning the ‘collective efficacy’ of local communities in reducing crime. An empirical exemplification of these arguments is presented with reference to a completed evaluation research study (Foster and Hope, 1993).     

A Tory High Modernism? Grand Plans and Visions of Order in Neoconservative Ontario

Trends toward mass incarceration in the United States and elsewhere raise compelling questions about the social purposes of prisons, and their role in the consolidation (and/or privatization) of the neoconservative state. This article examines two moments of penal reform that were historically distinct, but remarkably similar in their shape and intent. Mike Harris’s Progressive Conservatives won control of Ontario’s provincial government in 1995, and undertook a wide-ranging program of institutional and social restructuring that was intended to transform Canada’s industrial heartland. Penal reform was central to this agenda, but Conservative efforts here were remarkably similar to those 160 years before, when Canada built its first penitentiary. This article compares these two moments of flux using a theoretical framework developed by James Scott. He argues that the grand plans of ‘high modernist’ reformers, while seeking to make society more ‘legible’ and ‘rational’, tend to employ simplifications—especially visually pleasing ones—which obscure and suppress insights that might be gained from the ‘practical knowledge’ of those closer to the ground. They do this at their peril, for grand plans tend to fail for lack of such knowledge. The article argues that Ontario’s experience fits neatly into these categories, except that the aim of reformers here has been to restore an old social order, rather than to build a new one.     

Penal ideology, sentencing and the legitimacy of trial justice

The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the ‘rule of law’. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of ‘justice’ in sociological accounts of the ‘reality’ of sentencing, and proposes an analytical framework for conceptualising this. Adopting this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial‘s ‘relevant audience’. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in international criminal trials, and considers the consequences of this for the perceived ‘legitimacy’ of international trial justice.     

Business Development Capabilities in Information Technology SMEs in a Regional Economy: An Exploratory Study

“Business development” is a corporate entrepreneurial capability (or competence) that has emerged in the Information Technology industry to support that industry’s practice of co-creation of value with customers and complementors. As a set of practices that link the firm’s value creating processes with its external environment, business development capabilities are a key factor in the success of IT SMEs. This article examines business development functions and business developer attributes in SMEs in the Information Technology Industry in Eastern Canada. The principal business development functions are finding profitable opportunities in business networks, developing and maintaining partnerships, providing support for new product development, and recognizing and responding to customer needs. The regional market and export markets require different business development capabilities.     

Ideas of Transgression and Buddhist Monks

It is implicit in a western understanding of law that law is a series of generalisations, which are universal and which aim to promote social community. At the same time ‘law’ is expected to operate in a territory (rather than for specific people or castes) where it applies, and to apply to a community of rights-bearing subjects. Such a view of law may have reflected part of the values of the European Enlightenment where law was seen as a rational science and where religion has been seen as excluded from law. An alternative route in the study of law is to study ‘transgressions’. The literature on ‘transgression’ suggests transgressions form an amorphous category and a proper examination of them is not closed by the normal taxonomy between the studies of ‘law as obedience’ versus ‘laws as violation’. In one sense transgressions are part of the rule, yet a separate category in their own right. I use the concept of ‘transgression’ to attempt to describe the legal significance of ‘violations’ in the rules of the Buddhist monks (Vinaya). I conclude that a proper consideration of the role of sexual desire in the Vinaya allows me to show that ‘violations were accepted within an institutional framework, that ‘violators’ were not excluded from the order of monks and that sexual experience could be seen as an alternative, if controversial, path of spiritual development.     

The European Union in global environmental governance: Leadership in the making?

For well over a decade, the European Union (EU) has proclaimed its leadership role in global environmental governance (GEG). In this article, we examine both the nature of its leadership and the underlying conditions for ‘actorness’ upon which leadership must depend. The EU’s record in the global conferences as well as its influence on the reform of the Commission on Sustainable Development (CSD) and the United Nations Environment Programme (UNEP) are also investigated. We argue that the EU has frequently sought to shape international environmental negotiations and promote sustainable development as an organising principle of global governance. Despite its inadequate status at the UN and internal problems, it has had a significant effect on the global agenda. However, due to persistent diplomatic opposition from other coalitions, its real, directly visible influence has been more modest. For genuine directional leadership, which goes beyond the defence of self-interest, the Union will have to make internal policy coherence a greater priority. Moreover, apart from relying solely on its weighty presence in the international system or its potential capabilities, the EU needs to achieve a high level of credibility in order to enhance its powers of persuasion.

The Organisation of Hate

In this paper, it is argued that we need to understand the role of ‘hate’ in the organisation of bodies and spaces before we ask the question of the limits of ‘hate crime’ as a legal category. Rather than assuming hate is a psychological disposition - that it comes from within a psyche and then moves out to others - the paper suggests that hate works to align individual and collective bodies through the very intensity of its attachments. Such alignments are unstable precisely given the fact that hate does not reside in a subject, object or body; the instability of hate is what makes it so powerful in generating the effects that it does. Furthermore, although hate does not reside positively in a subject, body or sign, this does not mean that hate does have effects that are structural and mediated. This paper shows that hate becomes attached or ‘stuck’ to particular bodies, often through violence, force and harm. The paper dramatizes its arguments by a reflection on racism as hate crime, looking at the circulation of figures of hate in discourses of nationhood, from both extreme right wing and mainstream political parties. It also considers the part of what hate is doing can precisely be understood in terms of the affect it has on the bodies of those designated as the hated, an affective life that is crucial to the injustice of hate crime. This revised version was published online in July 2006 with corrections to the Cover Date.     

Indigenous rights discourse in Australia

The ability of Australia's indigenous people to create their own cultural identity and social reality is shaped profoundly by the Australian legal system in various ways. The 1992Mabo decision of the Australian High Court ‘created’ a right to land tenure for Australia's indigenous people. This ‘right’ has been further explicated by federal legislation in the post-Mabo era, in and around law. This essay analyzes the 1992Mabo decision in the context of governmental, judicial and wider social responses to indigenous issues. At several sites, it examines ‘indigenous rights’ discourse to illustrate the shifting meaning of ‘rights’ in legal currency in the indigenous debate. The essay suggests that the ‘rights’ discourse of legal liberalism has not yet provided meaningful plurality in the recognition of indigenous rights.     

Psychologising Jekyll,Demonising Hyde: The Strange Case of Criminal Responsibility

This paper puts the famous story of Jekyll and Hyde to work for a specific analytic purpose. The question of responsibility for crime, complicated by the divided subjectivity implicit in Mr. Hyde’s appearance, and illuminated by Robert Louis Stevenson’s grasp of contemporary psychiatric, evolutionary and medical thought as promising new technologies for effecting a distinction between criminality and innocence, is key to the interest of the story. I argue that Jekyll and Hyde serves as a powerful metaphor both for specifically late Victorian perplexities about criminality and criminal responsibility, and for more persistently troubling questions about the legitimacy of and practical basis for criminalization. A close reading of the story illustrates the complex mix of elements bearing on criminal responsibility-attribution, and—incidentally—helps to explain what is wrong with the influential argument that, by the end of the nineteenth Century, attributions of responsibility in English criminal law already rested primarily and unambiguously on factual findings about the defendant’s state of mind. Far from representing the triumph of a practice of responsibility-attribution grounded in the assessment of whether the defendant’s capacities were fully engaged, I argue that the terrain of mental derangement defences in late nineteenth Century England helps us to understand that longer-standing patterns of moral evaluation of character remained central to the criminal process. And precisely because ‘character’ remained key to the institutional effort to distinguish criminality and innocence, the ‘terror’ of Stevenson’s story resides in its questioning of whether either scientific knowledge or moral evaluation of character can provide a stable basis for attributions of responsibility. In conclusion, I will also suggest that Stevenson’s tale can help us to make sense of the resurgence of overtly ‘character-based’ practices of responsibility attribution in contemporary Britain and the United States, which themselves reflect a renewed crisis of confidence in our ability to effect a ‘dissociation’ between criminality and innocence.     

The European Union as a negotiator in the international climate change regime

While the leadership role of the European Union (EU) in the climate change regime has been largely acknowledged, less attention has been paid to identifying the reasons why the EU often fails in climate change negotiations. Such an undertaking is deemed imperative following the negative for the EU turn of events at the 2009 Copenhagen climate summit. There is sufficient literature to be found on the link between the Union’s unique and complex organizational structure and its inability to act cohesively and purposefully. This study seeks to add to this corpus by looking at the extent to which the EU has been able to learn from its mistakes and incorporate timely remedial action. Even though important, the EU’s failures as a global actor cannot be explained by only looking at its ineffective institutional architecture. A more systematic understanding of the reasons behind EU’s failures in climate talks is in fact needed. By using Underdal’s theory of ‘negotiation failure’, this study tries to explore the extent to which negotiation theory could help with better comprehending the obstacles that prevented the Union from getting more out of the climate negotiation process.     

<Emphasis Type="Italic">Ayam aham asmīti</Emphasis>: Self-consciousness and Identity in the Eighth Chapter of the <Emphasis Type="Italic">Chāndogya Upanişad</Emphasis> vs. Śankara’s <Emphasis Type="Italic">Bhāşya</Emphasis>

The article offers a close reading of the famous upanişadic story of Indra, Virocana and Prajāpati from the eighth chapter of the Chāndogya-Upanişad versus Śankara’s bhāşya, with special reference to the notions of suşupti and turīya. That Śankara is not always loyal to the Upanişadic texts is a well-known fact. That the Upanişads are (too) often read through Śan-kara’s Advaitic eyes is also known. The following lines will not merely illustrate the gap between text and commentary but will also reveal an unexpected Upanişadic depiction of ‘dreamless sleep’ and ‘transcendental consciousness’. Suşupti is described here as ‘one step too far’, as a ‘break’ or discontinuity in one’s consciousness; whereas turīya is depicted positively, and surprisingly even in wordly terms. Unlike the third state of consciousness in which there is no ‘world’ nor ‘me’, and which is described through Indra’s character as ‘total destruction’ (vināśa); in turīya, the world ‘comes back’, or rather the ‘renouncer’ returns to the world. Sankara’s position, as far as the story under discussion is concerned, is radically different. For him, the Upanişadic story illustrates the continuity of consciousness in all its states. For him, the identification with merely one of the consciousness-states is an error (adhyāsa) which causes suffering. Consciousness prevails even in suşupti, and turīya has nothing to do with ‘coming back to the world’, since there is nowhere to come back from or to. Turīya, as seen by the Advaitin, consists of all the other states of consciousness together, or as K. C. Bhattacharyya puts it, ‘It is not only a stage among stages; it is the truth of the other stages’. The article is dedicated to Prof. Daya Krishna (1924-2007).     

A General<Emphasis Type="Italic"> Theories</Emphasis> of Hate Crime? Strain,Doing Difference and Self Control

This article attempts to put forward a more holistic vision of hate crime causation by exploring the intersections which exist between three separate criminological theories. Within the extant literature both Robert Merton’s strain theory and Barbara Perry’s structured action theory of ‘doing difference’ have been widely used to explain why prejudice motivated crimes continue to pervade most communities. Together the theories help to illuminate the sociological factors which act to create immense fear of, and hatred towards, various minority identity groups. However, neither of these theories adequately explain why some individuals commit hate crimes while others, equally affected by socio-economic strains and social constructions of ‘difference’, do not. This article therefore moves beyond such macro explanations of hate crime by drawing upon Gottfredson and Hirschi’s A General Theory of Crime (1990). Using typology research carried out by various academics, the article attempts to illustrate how socio-economic strains and general fears of ‘difference’ become mutually reinforcing determinants, promulgating a culture of prejudice against certain ‘others', which in turn ultimately triggers the hate motivated behaviours of individuals with low self control.