Experiencing Critique<Superscript>⋆</Superscript>

Over the past two centuries, criticism has assumed an indispensable role in the production of truth in many academic contexts. Furthermore, a dominant conception of critique emerged out of disciplinary truth regimes – evident as much in right wing think tanks as in critical theories. This ‘grammar of critique’ requires critics to judge specific contexts against founded criteria. However, in an epistemological ethos beset by obdurate uncertainty, where disciplinarity is increasingly under attack, a judgmental grammar faces intractable challenges. For one thing, intransigent ambiguities defy the silencing required to achieve certainty, or universal agreement, on ‘founded criteria’. This predicament creates a distinctive semantic disquiet and a unique opportunity to prize critique loose from its previously privileged grammar. Allegorically referring to Derrida’s images of hospitality, this paper offers a different grammar of critique as an experience of imagined prospects, a promise that rallies against ossified thought systems of the now. This experience is structured through the impossible to the extent that it defies absolute definition, finitely encounters infinite possibilities, involves preconceptions, and opens critics up to promises that never fully arrive. As such, critical experiences invite existential anticipations whose contours, paradoxically, are imagined from within, and yet promise an escape from, local historical circumstances.A version of this paper was presented at Birkbeck, University of London, 24th September, 2004. I would like to thank Peter Fitzpatrick, Claire Valier, Ronnie Lippens, Costas Douzinas and Julia Chryssostalis for their helpful comments.     

A New Alliance of De-legalisation and Legal Formalism? Reflections on Responses to the Social Deficit of the European Integration Project<Superscript>⋆</Superscript>

This paper will cover a wide range of issues. It will start with a reconstruction of the European Community’s ‘social deficit’, arguing that a credible response to this deficit would be a pre-condition for the democratic legitimacy of the deepened integration project. Such a response can be developed in a re-conceptualisation of European law as a new type of supranational/trans-statal conflict of laws – this is the thesis defended in the second section. This vision is contrasted in the third section, first with the steps towards Social Europe envisaged in the Draft Constitutional Treaty, and then with the messages of the recent judgments of the European Court of Justice (ECJ) in Viking and Laval. It goes without saying that the theoretical premises of the argument, let alone its many interdisciplinary dimensions and empirical background, can often only be signalled, but not developed systematically.

Measurement Properties of the Communities That Care<Superscript>®</Superscript> Youth Survey Across Demographic Groups

Prevention science has produced information about risk and protective factors that predict adolescent drug use and related problem behaviors. This paper investigates the Communities That Care Youth Survey that measures multiple risk and protective factors. Using a sample of 172,628 students who participated in surveys administered in seven states in 1998, analyses were conducted to test the factor structure of these risk and protective factors and to test the equivalence of the factor models across five racial/ethnic groups (African Americans, Asians or Pacific Islanders, Caucasians, Hispanic Americans, and Native Americans), four grade levels (6th, 8th, 10th, and 12th) and both gender groups. Results support the construct validity of the surveys risk and protective factor scales and indicate that the measures are equally reliable across males and females and five racial/ethnic groups. Implications of these findings for science-based prevention planning are discussed.     

The economy,crime and time: An analysis of recorded property crime in England & Wales 1961–2006

We seek to determine whether one of the unanticipated side-effects of social and economic changes associated with the adoption of neoliberal and monetarist economics during the 1970s/1980s was rising crime rates. Undertaking time series analysis of social and economic determinants of property crime (using official statistics on recorded crime for England and Wales from 1961 to 2006) we develop a model of the effect of changes in socio-economic variables (unemployment, inequality, welfare spending and incarceration) on property crime rates. We find that while three of these had significant effects on change in the property crime rate, income inequality did not. We conclude with a discussion of the extent to which neoliberal economic and welfare (and later criminal justice) policies can be held to have influenced the property crime rate since the early 1980s and what this tells us about the social and economic determinants of crime at the macro-level.     

Linking <Emphasis Type="Italic">Signifié</Emphasis> with <Emphasis Type="Italic">Signifiant:</Emphasis> The Court of Justice of European Union as a Product-Defining Authority

Saussurean concept of signifie-signifiant agnation can be used to explain the EU law product-nomenclature referrals. The CJEU has an especially important role in developing detailed rules of product nomenclature interpretation in cases where ambiguities emerge. In its jurisprudence, the CJ pursues preservation of the predominant intuitive model of that interpretation even in cases involving composite products. Only in cases where the composition can easily be identified, the Court relies on the concept of the defining element—i.e. it takes the dominant element of the product as a product nomenclature determining one. With respect to novel products, the CJ applies the same general penchant. Therefore, with respect to such products, the Court attempts to establish their signifié-signifiant match by referring to analogous features and characteristics of already existing products. Such an approach is an evidence of the CJ’s self-constraint of its otherwise Demiurgic power concerning the product nomenclature. This argumentation implies that even the CN classification offers a catalogue of relatively rigid designators and that their rigidity is respected by the CJ. The CN designators are not perfectly rigid because the CJ takes into account not only the logical values of respective CN positions, but also the practical aspects (including transactional costs) of the CN classification, as well as the general objectives of EU rules underlying the CN position identification.     

The Incense Trees of the Land of Emeralds: The Exotic Material Culture of <Emphasis Type=Italic>Kāmaśāstra</Emphasis>

One of the many topics discussed in texts of kāmaśāstra is the ideal material environment for the pursuit of sensory pleasures. Later medieval texts describing the pursuit of pleasure and the typical lifestyle of the cultivated urban man focus in increasing detail on the informed consumption of certain luxury commodities, such as perfumes and gemstones. This pleasure-expertise was increasingly valued, such that by the twelfth century one encyclopedia of royal life, the Mānasollāsa, was effectively a vast textual monument to the masterful king’s capacity to enjoy the world. Not only were luxury raw materials subject to a discourse of connoisseurship, but in many cases the exotic nature of these materials was equally celebrated. This preoccupation with the exotic nature of luxury materials displays wide-ranging power at the center of consumption, whilst betraying a truly cosmopolitan fascination with remote, possibly unconquered lands of plenty, whose foreign and beautiful products were essential to the pursuit of erudite pleasures in temple and court alike.     

Immigration and crime: a time-trend analysis of self-reported crime in Sweden, 1999–2017

ABSTRACT

This study investigates the direction and rate of change in self-reported crime over time, based on immigrant status and region of origin. The study is based on eight nationally representive school surveys conducted by the National Council for Crime Prevention between 1999 and 2017, with a sample of 50,657 adolescents. Results in this study showed a decreasing trend in self-reported offending among both first and second generation immigrant youth, and also among immigrant youths from different regions of origin. The results also show that offending has declined at a faster rate among first generation immigrants by comparison with native Swedes.     

The Perversions of History: Constitutionalism and Revolution in Burke’s <Emphasis Type=Italic>Reflections</Emphasis>

Edmund Burke’s Reflections on the Revolution in France is one of the defining texts in the history of English constitutional thought. It is conservative in its overt defence of England’s ancient constitution, and in particular the twin bulwarks of Church and Crown. In more immediate terms, it was written against those who appeared to sympathise with the principles of the French revolution, men such as Joseph Price and Tom Paine. But the true ‘genius’ of Burke, as Wordsworth famously noted, does not lie in the surface defence of traditional conservative institutions and principles. It lies, rather, in an appreciation that constitutions are aesthetic expressions, their vitality dependent upon the strength of the political imagination which they strive to shape and to nurture. What is truly distinctive about Burke’s Reflections accordingly is that it was written as a poetic as much as a political treatise. The purpose of this essay is to explore this genius and this poetic.     

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.     

The ‘relics of Joan of Arc’: A forensic multidisciplinary analysis

Archaeological remains can provide concrete cases, making it possible to develop, refine or validate medico-legal techniques.In the case of the so-called ‘Joan of Arc's relics’ (a group of bone and archaeological remains known as the ‘Bottle of Chinon’), 14 specialists analysed the samples such as a cadaver X of carbonised aspect: forensic anthropologist, medical examiners, pathologists, geneticists, radiologist, biochemists, palynologists, zoologist and archaeologist. Materials, methods and results of this study are presented here.This study aims to offer an exploitable methodology for the modern medico-legal cases of small quantities of human bones of carbonised aspect.     

Powerlessness,isolation, and future expectations: A gender‐based analysis of Korean inmates

This study explored gender differences in perceptions of powerlessness, isolation, and postprison expectation among inmates in the Republic of Korea. Korean women and girls occupy a social location that is characterized by marginalization from the labor force, emphasis on a restrictive gender ideology through family and school socialization, and dependence on the position of their family of origin or, after marriage, their husband for social standing. Given their social location and the socialization that supports and reproduces the social structure, the researchers hypothesized that compared to men in prison, women inmates would express lower levels of control over their own lives, greater feelings of isolation, and be more cynical about their life chances upon release from prison. Each of these hypotheses were supported at both the aggregate‐ and inmate‐level of analysis. The findings suggest the need for gender specific programming within the prison for women.     

“Striking out” as crime reduction policy: The impact of “three strikes” laws on crime rates in U.S. cities

During the 1990s, in response to public dissatisfaction over what were perceived as ineffective crime reduction policies, 25 states and Congress passed three strikes laws, designed to deter criminal offenders by mandating significant sentence enhancements for those with prior convictions. Few large-scale evaluations of the impact of these laws on crime rates, however, have been conducted. Our study used a multiple time series design and UCR data from 188 cities with populations of 100,000 or more for the two decades from 1980 to 2000. We found, first, that three strikes laws are positively associated with homicide rates in cities in three strikes states and, second, that cities in three strikes states witnessed no significant reduction in crime rates.     

The Identity of Person and World in <Emphasis Type="Italic">Caraka Saṃhitā</Emphasis> 4.5

This paper examines the puru?a concept in the Caraka Sa?hitā (CS), an early text of Ayurveda, and its relation to Indic thinking about phenomenal worldhood. It argues that, contrary to the usual interpretation, early Ayurveda does not consider the person to be a microcosmic replication of the macrocosmos. Instead, early Ayurveda asserts that personhood is worldhood, and thus the person is non-different from the phenomenal totality (spatial and temporal) of his existence. This is confirmed by the CS’s several definitions of puru?a, which are alternately posed in terms familiar to Vai?e?ika, early (pre-“classical”) Sā?khya, early Buddhism, and Upani?adic monism. It is likewise confirmed by the Ayurvedic logic of sāmānya (translated as “identity”), which governs the meaning of the list of person-to-world correspondences in CS 4.5 and its often misinterpreted claim, puru?o’yam lokasa?mita?. Finally it is confirmed in the program of Ayurvedic therapeutics, which aims at establishing various kinds of “appropriateness” for the sake of effecting samayoga—the “harmonious joining” of person and world.     

A Social Practice Prioritarian Response to Allen Buchanan’s <Emphasis Type="Italic">The Heart of Human Rights</Emphasis>

Allen Buchanan’s ‘The Heart of Human Rights’ addresses the moral justification of the international legal human rights system (ILHRS). Buchanan identifies two functions of the ILHRS: a well-being function and a status egalitarian function. Because Buchanan assumes that the well-being function is sufficientarian, he augments it with a status egalitarian function. However, if the well-being function is utilitarian or prioritarian, there is no need for a separate status egalitarian function, because the status egalitarian function can be subsumed by the utilitarian or prioritarian well-being function.     

An analysis of outlaw motorcycle gang crime: are bikers organised criminals?

ABSTRACT

Outlaw motorcycle gangs (OMCGs) are identified in Australia and internationally as being heavily involved in organised crime and/or as being criminal organisations. However, academic studies have shown that OMCG members are involved in organised crime to varying extents; this differs between clubs and across jurisdictions. To date, Australian studies of OMCGs are rare. Despite this, Australian governments target OMCGs as key players in organised crime. This study contributes to the existing literature by analysing OMCGs’ criminality in one Australian jurisdiction – Queensland. It draws on rich qualitative data to determine whether and to what extent Queensland’s OMCGs are involved in serious crime, organised crime and/or are operating as criminal organisations. The study finds that Queensland’s OMCG members participate in serious crime at a higher rate than the general public, but that there are few examples of organised crime. There is little to no evidence of OMCGs acting as criminal organisations.     

Derrida’s <Emphasis Type="Italic">The Purveyor of Truth</Emphasis> and Constitutional Reading

In this article the author explores Jacques Derrida’s reading in The Purveyor of Truth of Edgar Allan Poe’s The Purloined Letter. In his essay, Derrida proposes a reading which differs markedly from the interpretation proposed by Lacan in his Seminar on ‘The Purloined Letter’. To appreciate Derrida’s reading, which is not hermeneutic-semantic in nature like that of Lacan, it is necessary to look at the relation of Derrida’s essay to his other texts on psychoanalysis, more specifically insofar as the Freudian death drive is concerned. The present article explores this ‘notion’ as elaborated on by Freud in Beyond the Pleasure Principle as well as Derrida’s reading of this text. It also investigates the importance of the ‘notion’ of the death drive as well as the significance of Derrida’s reading of The Purloined Letter for constitutional interpretation. This is a modified version of a paper presented at the Critical Legal Conference, 14–16 September 2007 at Birkbeck Law School, University of London.

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A Semantic Profile of Early Sanskrit “<Emphasis Type="Italic">buddhi</Emphasis>”

The word buddhi is an important term of Indian philosophical discourse, but some aspects of its use have caused confusion and continue to occasion difficulties. This paper undertakes a survey of the usage of the word buddhi (“intellect”) in general Sanskrit literature from its earliest late Vedic occurrences up to the middle of the first millennium CE. Signifying fundamentally “awareness (of something),” the word “buddhi” is shown to refer often to a being’s persisting capacity or faculty of awareness (“attentiveness, mind, intelligence,” etc.) and also, often, to the content of a being’s awareness (“idea, notion, thought, disposition, resolution,” etc.). There are also instances where it is hard to determine which of these two kinds of reference are intended in our written sources, and there are other instances where both senses seem present simultaneously. Various examples attest to the use of the word to refer to an affective and volitional capacity in a being—and to affective and volitional content—as well as to a cognitive faculty and cognitive content. One feature that occurs frequently in the word’s use is that this faculty and, or, its content, regularly describe alterations of a subject’s knowledge of the surrounding situation, the transformation of surrounding complexity or multiplicity into a simpler and more manageable mental construct—an understanding, an interpretation, a decision, a plan, etc. As the word buddhi is related to the primary Sanskrit word-family used to describe the concrete experience of awakening—moving from no (or little, or muddled) awareness to clear awareness—it is not surprising that its more abstract usage would often incorporate a similar dynamic, a transition from less clear to more clear knowledge, a rendering of early knowledge to better and more useful knowledge, in short, a faculty of “intellect” that produces refined decisions, resolutions, and determinations. It is suggested that this element of its semantic profile contributed to the word’s eventually becoming the preferred word for the most important of the mental functions of beings in one of the most widespread philosophical psychologies of ancient India, that which ultimately became formally enshrined in the philosophical system “Sā?khya.”