Left realist criminology: Strengths,weaknesses and the feminist critique

Although there is an already large British literature both supporting and attacking left realism, and a growing North American interest on the subject among criminologists, there has been surprisingly little written which attempts to locate both the strengths and weaknesses of the left realist position on crime control. Perhaps the place where the left realists may be weakest is in response to a feminist critique. Actually, it is not only left realism but the socialist left in general which has been unsuccessful in providing adequate responses to the issues brought forth by feminists. This paper attempts to locate the position of left realism within the left criminology debate, and to find its strong and weak points. Further, it attempts to explicate the feminist critique, and to suggest responses critical criminologists might explore, such as those proposed by peacemaking criminology. *** DIRECT SUPPORT *** AW502012 00004     

Deaths and COVID-19: Talk,silence and alternative realities

This article critically considers the UK Government's insidious attempts to control the narrative around COVID-19 deaths through using the interrelated strategies of “talk and ‘silence’ in order to socially construct a definitive ‘truth’” around the virus. The article traces how these strategies worked in practice and the shift which took place from numerous press briefings and Parliamentary debates to an ominous silence around the number of deaths, in particular. At the same time, as the article illustrates, the government's truth has not prevailed. Their twin strategy has been contested and resisted by grassroots organizations and radical lawyers who have demanded that Ministers should take responsibility for the tens of thousands of preventable deaths which have occurred. Rather than government talk and silence prevailing, it is the voices of the haunted relatives of the dead, demanding accountability, which are creating an alternative narrative.     

EDITORIAL

Abstract

Jane Addams (1860-1935), founder of Hull House in Chicago, was a social worker, sociologist, criminologist, feminist, and pacifist. She dedicated her life to caring for the underprivileged and oppressed and to fighting for the rights of workers, women, and children. This paper examines her life and seeks to demonstrate her many contributions to sociology, criminology, and society. Among her pioneer works in criminology that have not been recognized are the ecological maps of Chicago that preceded Park's and Burgess' concentric zone theory, social justice issues such as child labor, compulsory education, and juvenile offenders. She also was a peace activist during World War I and many of her ideas and concepts are found in the peacemaking writings of current criminologists.     

Virtually Criminal: Discourse,Deviance and Anxiety Within Virtual Communities

While it would be appropriate to state that criminologists and those in legal disciplines have recently discovered that new technologies are worthy of research, they have yet to tap into growing concerns over sub-criminal activity within increasing populated virtual environments. As a result we find new forms of sociopathic behaviour, which present themselves in abundance, being disregarded due to their 'virtual status', while similar crimes in the real world are subject to intensive investigation. This study considers forms of 'virtual deviance' that manifest themselves within online communities as viable forms of inquiry. Through a multi-method approach, including ethnographic methods, linguistic, case source and discourse analysis, this research project aims to unravel the link between the aetiology of online deviance and the discourses of surveillance, regulation and mediation. It is hoped that the analysis will provide for a virtual regulatory model that curtails disruptive behaviour within online environments while simultaneously maintaining relevant justice models and forms of human/ avatar rights.     

Defeating the Inference from General to Particular Norms*

Abstract. The author argues that in order to maintain, with the later Kelsen, that particular norms are not deducible from general norms, it is unnecessary to deny (1) that norms are propositional, (2) that norms have truth value, (3) that there are normative facts, or (4) that norms fall within the compass of logic. It is claimed that general norms, like many generalizations in science, are not, typically, unrestricted universal generalizations, but generalizations of a different kind, which have sometimes been called normic generalizations. Normic generalizations may have truth value and describe facts; and there is no obvious reason for thinking that they fall outside the compass of logic. Yet they do not deductively imply the instances which fall under them. Exceptions to a generalization of this sort need not constitute falsifying instances; in some cases, at least, they serve rather to qualify the scope or power of the generalization. The logic of such generalizations is thus not deductive. Granting that general norms are typically of this kind, we may accept Kelsen's conclusion about the non-deducibility of particular from general norms without accepting the grounds upon which he accounted for this fact.     

CONSTRUCTING CROSS-CULTURAL THEORIES IN CRIMINOLOGY

Over the past twenty years, researchers have, once again, discovered the benefits of studying a phenomenon cross-culturally, and a revival of the method is currently underway. However, criminologists currently use the method to determine the scope and generalizability of their theories, which were orginally developed for use in one particular culture. Due to problems in this approach, their activities have been met with varied success. The purpose of this article is to examine the use of the cross-cultural research method in constructing and testing criminological theories. The article will distinguish between the use of a method to determine a theory's scope and generalizability (Evaluative Approach) and the use of the method to construct explanatory models designed to transcend cultural boundaries (Generative Approach). The article will conclude with a detailed discussion of the latter.     

From Being to Knowing:

Recent feminist writings have been much preoccupied with epistemological questions. The notion of standpoint has, in particular, been a major focus of discussion. Aspects of this debate, especially as they relate to work on deviant women are outlined. It is suggested that the concept needs to be further analysed. Illustrative material from the author's own studies of 'deviant' women over a period of twenty years is cited in support of this view. This approach is linked to the work of other writers, including Smart and Benhabib, who have referred to women's resistance to forms of categorization. Consideration of the issues raised have considerable consequences for feminist epistemologies.     

真理符合论在法律领域的困境及其超越

法律真理问题是法哲学中最根本的问题，其中尤以真理符合论在法律领域影响最大。真理符合论能为法律的有效性、法律权威提供比较令人信服的解释，但是，它同时也带来了一些问题。如何超越真理符合论面临的这些问题呢？诠释学真理观为我们提供了一种新的选择。从诠释学的观点看，法律真理是人的一种存在状态，是人展现自我、规划自我的一种方式，是人为实现自身本质而进行的一种制度安排。     

Introduction: feminist judgments as teaching resources

While academic scholarship generally offers various forms of commentary on decided cases, feminist judgment-writing projects have recently embarked on a new form of critical scholarship. Rather than critiquing judgments from a feminist perspective in academic essays, the participants in these projects have set out instead to write alternative judgments, as if they had been one of the judges sitting in court at the time. After introducing the UK Feminist Judgments Project and describing what is “different” about the judgments it has produced, the paper explains some of the ways in which these judgments have been used as teaching resources in UK law schools. The paper goes on to introduce the following four articles in this issue of the Law Teacher, which illustrate in greater detail particular pedagogical uses of the Feminist Judgments Project.     

法学方法论的困境与出路——论最小损害原则

近几年以来,国内对法学方法论的研究呈现出一派繁荣之势。但其成效如何,却有待检验。文章结合中国司法实践中所出现的疑难案件来检验当下法学方法论研究的成果,指出语义分析、法律解释、法律论证与利益衡量等法学方法所面临的困境与原因。在此基础上,从现实的司法实践中总结、重构出最小损害原则,以法律教义学体系为最小损害的对象,以损害之命题所处的层级、损害之确定性程度、损害的原因以及损害的波及度作为比较损害大小的标准,以期为至少大部分疑难案件提供可能的解决思路。     

The Continuing Problem of the Universal to Questions of Justice: A Feminist Reading of Lars von Trier’s <Emphasis Type="Italic">Dogville</Emphasis>

What are the terms of evaluation that seem relevant in deciding whether a film is feminist or anti-feminist? Which critical practices should be engaged in such an evaluation? In recent and contemporary critical feminist practices, feminist arguments are no longer based on a stable subject category of “woman” and there is no longer any particular methodology upon which feminist theorists rely. The category of “woman” has been revealed to be not an ahistorical, stable category but an effect of material and representational practices. Further, feminist methodologies have been concerned to contextualize the framing of the questions they ask, as well as their place in the methodologies they employ. In addition to the refusal of an essentialized female subject, feminists have called into question the idea that it is possible to produce a “feminist method” based on the standpoint of a female subjectivity, even where this subjectivity is admitted as a construct, arguing that this extrapolation to the general from a particular point of view produces political, and frequently racist, effects. In this essay, I consider Lars von Trier’s controversial film Dogville (2003) as a case study to explore the relation of practices of representation to questions of feminist justice. I argue that the film does a lot of good critical work in showing the ways in which certain practices of representation can be mobilized to produce a collectivity (or “sovereignty”) that is seen to emanate from “the people” and to thereby instantiate authority, while simultaneously disguising the material and political effects of its subjugation of “others.” However, in doing this work the film produces its own problematic construction of universality and particularity. Further, the film instrumentalises representations of sexual violence and subjection in order to prove its point, and as productive as these tactics are to illuminating questions of social justice, I argue that this representational practice produces effects that need to be read as anti-feminist.     

THEORY AND IDEOLOGY IN MARXIST CRIMINOLOGY

Marxist criminology can be analyzed both as a theory of what is and as an ideology of what ought to be. theory must be examined by logic and empirical evidence. An ideology and its vision of the good society must be examined by comparison with other ideologies and real societies based on competing ideologies. Such comparisons would reveal that societies based on Marxist ideology have been unjust and repressive and do not represent a future for which criminologists should strive as Quinney urges them to do.     

Comparing cultures, comparing crime: Challenges, prospects and problems for a global criminology

Globalization will intensify contacts – and perhaps conflicts – betweencultures more than ever in the history of humankind. The flow of migrantsaround the world, global business and global consumption provide us withnew experiences of difference and diversity as well as of common ground.As in other social sciences, the concept of culture has recently emerged oncentre stage in criminology. Western criminologists look in awe to Asia, andtry to solve the enigma of modern, affluent societies with low ratesespecially of violent crimes. Asian criminologists warn of an impact ofWestern culture that might cause rising crime rates. Asian models of socialcontrol are studied and adopted in Australia, Europe and the US, and viceversa.Crime and social control are social and cultural phenomena. Therefore,comparing cultures and comparing crime will offer new insights, freshtheories and chances of innovative perspectives. What is to learn fromcultural differences, what from universals in crime and social control? Whatwill be the fate of ``general theories of crime'' in different cultures? Willpractices of criminal justice be efficient when transported to another socialand cultural environment?Criminologists should develop a clear notion of the problems that arerelated to comparing cultures and crime. Cultures are not monolithic.Cultural comparisons often suffer from exaggerations of differences, andproduce exaggerated predictions and expectations. On its way into theglobalized 21st century, criminology will have to develop strategies to meetthe challenge of comparing cultures, to avoid former errors, and to solvethe problems that lie ahead.     

SOMATOTYPING,ANTIMODERNISM, AND THE PRODUCTION OF CRIMINOLOGICAL KNOWLEDGE*

This study analyzes the work of William H. Sheldon, the psychologist, physician, and advocate of the study of body types. It investigates how he arrived at his much‐repeated finding that a correlation exists between mesomorphy (a stocky, muscular body build) and delinquency and how his ideas were validated and perpetuated. It reviews what Sheldon actually said about the causes of crime; identifies his goals in searching for a relationship between body shape and criminality; explains how he found audiences for his biological theory at a time when sociological approaches dominated criminology; and attempts to understand the current criminological ambivalence about the scientific status of Sheldon's work, despite its discreditation decades ago. I argue that the tripartite structure of Sheldon's thought attracted three different audiences–methodologists, social scientists, and supporters–and that it encouraged the supporters to fund his research without reference to the critiques of the social scientists. I also argue that somatotyping was part of a broader antimodernist reaction within international scientific communities against the dislocations of twentieth‐century life. To understand the origins, acceptance, and maintenance of criminological ideas, we need a historical perspective on figures of the past. Positivism may inform us about what is true and false, but we also need to know how truth and falsity have been constructed over time and how the ideas of earlier criminologists were shaped by their personal and social contexts.     

In the Aftermath of Critique We Are Not in Epistemic Free Fall: Human Rights,the Subaltern Subject,and Non-liberal Search for Freedom and Happiness

The article challenges the claim that human rights, which have constituted one of the central tools by which to establish the truth claims of modernity, can produce freedom and meaningful happiness through the acquisition of more rights and more equality. Third World, postcolonial and feminist legal scholars have challenged the accuracy of this claim, amongst others. The critiques expose the discursive operations of human rights as a governance project primarily concerned with ordering the lives of non-European peoples, rather than a liberating force; and that the pre-given rational subject of human rights is contingent and one of the prime effects of power. I examine the problems with the liberal humanism of human rights by examining not only how it is linked to a specific understanding of the `good life’, freedom and happiness, but also how it closes off other emancipatory possibilities. The acquisition of human rights as objects that an individual has by virtue of being human, represent the terminal limits of human rights, rather than the moment when the human subject becomes empowered and liberated. I draw on queer affect theory to make a critique of happiness, to which I argue human rights are linked, and how the failed or unhappy subaltern subject exposes its normative composition. I discuss the resulting depth of the despair produced from the realisation that this political project cannot realise its promise of freedom and meaningful happiness, compelling a `turn away’ from human rights as an emancipatory project and a `turn towards’ other non-liberal philosophical traditions, in the search for alternative understandings of and space for freedom and happiness. I explore these possibilities specifically within the philosophical tradition of non-dualism (Advaita).     

NOT JUST “FOR THE THRILL OF IT”: AN INSTRUMENTALIST ELABORATION OF KATZ'S EXPLANATION OF SNEAKY THRILL PROPERTY CRIMES*

In his controversial challenge to criminologists, Jack Katz argues for a reexamination of situational factors that precipitate criminal acts, specifically those that concern crime's sensual dynamics. According to Katz, people's immediate social environment and experiences encourage offenders to construct crimes as sensually compelling. Although insightfil, I suggest that this thesis is limited, specifically as it applies to “sneaky thrill” property crime. Katz's emphasis on the enticements of theft, at the expense of other variables, negates a considerable body of research and leaves a theoretical hiatus that encourages explanations grounded in individual pathology. I suggest a revision of Katz 's approach that addresses these concerns. I test this reformulation with models of various stages of sneaky thrill theft. The results of this analysis affirm that the seduction of theft has an important instrumentalist component and is influenced by several background factors, namely, age, gender, and the strain associated with inadequate econ om ic opportunities.     

State Crime,the Prophetic Voice and Public Criminology Activism

State crimes are, by far, the most destructive of all crimes. The use and threat to use nuclear weapons, the aerial bombardment of civilians, wars of aggression, torture, the failure to mitigate global warming and adapt to climate change ecocide, along with myriad other state-corporate crimes, fill the world with death and devastation, misery and want. This article argues that criminologists have a responsibility to act as public criminologists by speaking in the “prophetic voice” concerning these crimes and their victims, and then acting in the political arena in an attempt to control and prevent these harms. The paper briefly describes three approaches to engaging in what Belknap (Criminology 53:1–23, 2015) calls “criminology activism” on these issues. The first approach is for criminologists to counter the cultures of denial and normalization that usually cover state crimes. The second involves contesting the global corporate capitalist system and the power of the American capitalist state in an effort to achieve specific progressive policy reforms and structural changes in the global political economy. Finally, criminologists can work to enhance the democratization of the international political community and strengthen the ability of specific international legal institutions to control state crimes.     

Comparing Juvenile Justice Systems: Towards a Qualitative Research Project in East Asia

This paper contrasts the assumptions and methods used by quantitative criminologists with the approach to comparison pursued by the interpretive tradition in sociology. Whereas quantitative studies tend to conceal distinctive legislative or institutional responses in particular countries, interpretive studies make it possible to address internal debates about policy issues, as well as how practitioners exercise professional judgement. The paper considers a variety of ways in which the interpretive traditions of symbolic interactionism and ethnomethodology have approached comparison. It also considers the conceptual and practical issues that might arise in conducting a qualitative comparative study about juvenile justice within East Asia focusing on Japan, South Korea and Taiwan. Whereas quantitative studies tend to ask questions that interest Western researchers, interpretivism makes possible a dialogue between countries that have different institutions, philosophies and cultures.     

ADHD and criminality: A primer on the genetic, neurobiological, evolutionary, and treatment literature for criminologists

Objective

This state of the art review of 102 studies is a primer on ADHD and its major comorbidities for criminologists unfamiliar with the genetic, neurobiological, and evolutionary literatures.

Materials and methods

Neurological, genetic, medical, and criminal justice data bases were keyword searched for articles on ADHD and/or articles using ADHD as a major independent variable.

Results

ADHD is a disorder that is closely connected to externalizing behaviors, conduct problems, and criminal behavior across the life course.

Conclusions

To date, ADHD research has been carried out primarily by biomedical researchers and de-emphasized by criminologists whose training is overwhelmingly in the social sciences. The special expertise of criminologists in uncovering environmental correlates of antisocial behavior can benefit biomedical researchers who in turn can assist criminologists in uncovering the individual-level correlates of antisocial behavior.