Retributivism,Consequentialism, and the Intrinsic Goodness of Punishment

Retributivism is commonly taken as an alternative to a consequentialist justification of punishment. It has recently been suggested, however, that retributivism can be recast as a consequentialist theory. This suggestion is shown to be untenable. The temptation to advance it is traced to an intrinsic good claim prominent in retributive thinking. This claim is examined, and is argued to be of little help in coping with the difficulties besetting the retributive theory, as well as clashing with a desert claim equally central to that theory.     

Passions out of place: Law,incommensurability and resistance

Conclusion This has been an account of how an incommensurability between peoples is integral to the creation of identity in modernity and of how law assumes its modern, ambivalent being through embodying and mediating that incommensurability. A concluding point can be made by relating all this to the large and revelatory concern nowadays with the construction of Occidental identity in exclusion. This construction involves that which is acceptable or within the identity being created in its difference to that which is unfit and excluded. Looked at in reverse, if the excluded were to re-enter, as it were, then the identity would disintegrate. All of which, so the story continues, is a somewhat figurative way of discerning processes that remain internal to the identity. There is no without because the supposedly excluded is a fantastic projection of what is within, although it is repressed there. This projection is, however, attached to actuality, as we have seen. In ascribing what is excluded to the colonized, peasants and other incommensurables, not only must their difference to what is within be fabricated and asserted but also their similarity to what is within must be denied. The resistances of the colonized, which have just been described, succeeded because of organizational efficacies and juridical assertions which were the putative preserve of the Occident. Such a sameness of what should be different may locate a remote recess in a globalized Occidental identity, including its law, from which it could be seen as partial and precarious.The most enjoyable part of producing this paper was the discussion of a draft at a seminar organised by the Department of Legal Studies, La Trobe University, in September 1994.     

Questioning Appeals to Community within Crime Prevention and Control

This article casts a critical eye over some of the (often ignored) assumptions which underlie recent appeals to community in crime prevention and control. The article considers the philosophical origins, ambiguities and tensions within such appeals. In so doing, it draws explicitly upon the growth of community safety and to a lesser extent restorative justice in Britain and considers some of the implications to which this shift may give rise. In particular, it focuses upon the manner in which appeals to community converge and collide with changing social relations which may undermine their progressive potential. Specific attention is given to the implications of: increasing social and spatial dislocation; the commodification of security; and policy debates about a growing underclass. It is argued that there is much confusion as to how, and to what extent, communities can contribute to the construction of social order. Within the dynamics of community safety and crime control practices there are dangers that security differentials may become increasingly significant characteristics of wealth and status with implications for social exclusion. This questions the extent to which crime is an appropriate vehicle around which to (re)construct open and tolerant communities.     

A Trojan horse: Anti-communism and the war on drugs

This work argues the U.S. War on Drugs is a misnomer. We suggest, instead, that it is secondary to traditional anti-Communist foreign policy concerns. Thus, the war on drugs serves to mask the U.S. counter-intelligence and paramilitary presence abroad.This paper in slightly different form was originally presented at the meeting of the Drug Policy Foundation, Washington, D.C., October 1988.     

Appeals to community and crime prevention

This paper considers the growing appeals to the idea of community in criminal justice policy and the involvement of actual communities in criminal justice initiatives. It draws on a completed two year research study of a number of community-based crime prevention initiatives in the South East of England. The paper considers the nature of community to which appeals are made in criminal justice discourse and policies, the contribution of community to the practices of social order and the nature of community representation and participation in crime prevention initiatives. It is argued that appeals to community in crime prevention, and crime control more generally, embody shifts in what constitutes the legitimate responsibilities of individuals, collectivities and the state. This has a number of implications, the first of which is a redrawing of the cost of policing and security services. Additionally, there is an associated shift in blame for failure. Finally, actual community involvement in crime control gives rise to new structures and forms of local governance that evoke key questions about the regulation of social relations, the nature of conflict resolution, citizenship, democracy and social justice.     

Transition,dysfunctionality and change in the Czech and Slovak Republics

The paper considers the problem of creating a market economy and democratic polity simultaneously in a post-Communist state. In the context of weak inherited political and judicial systems, the attempt at rapid transition to a market economy is likely to have unfavourable consequences in terms of corruption. This prediction is supported by preliminary evidence from research on the privatisation process and its control framework.This article is a revised version of paper presented to the Third International Conference on Ethics in the Public Service, Jerusalem, June 1993.     

Political corruption and the role of public prosecutors in Italy

This paper analyzes the problem of political corruption in Italy and the role public prosecutors have played in unraveling such a phenomenon. The factors that have contributed to fostering systemic corruption as well as those that have contributed to uncovering such a system are given careful consideration. The most relevant conclusion is that whereas endogenous forces in the judiciary (prosecutors and judges) — in particular, its low level of institutional autonomy — have prevented it from containing corruption, exogenous forces — which have broken the conditions that had favoured the stability of the so-called first Republic — have led prosecutors to engage in massive investigations.This article is a revised version of the paper prepared for delivery at the 1994 Workshop on Corruption and Politics held at the Instituto Internacional de Sociologia Juridica, Onati (Spain), July 13–14, 1994. I am appreciative to Prof. Giuseppe Di Federico (University of Bologna) for his deep insights of this complex matter and for his very useful comments.     

Immunity and Susceptibility in Illicit Drug Initiation in Israel

We model the initiation process into cannabis and hard drugs using long-term survivor analysis. This approach hypothesizes two sub-populations: a population that is immune to drugs, who will never use them no matter how long they live, and a population which is susceptible to drugs for whom it is a matter of time until they begin to use drugs. We use data for Israel to test competing hypotheses concerning the timing of drug use initiation and the determination of susceptibility. Cigarettes do not significantly affect immunity to drugs, but they tend to speed up the rate of initiation for those who smoke them. This implies that anti-smoking policy may only delay drug use initiation without affecting immunity. Finally, drug initiation in Israel is not explained by variables that are traditionally associated with criminality.     

Formal rationality,substantive justice,and discrimination

This study examines the extent to which a juvenile court uses legal, substantive, and discriminatory criteria in assessing dispositions. The indicators of legal criteria are the seriousness of offense and the extent of prior arrest record, of substantive criteria, the presence of family and school problems, and of discriminatory criteria, race and social class. An examination of the dispositions accorded to a sample of 464 fourteen and fifteen year old arrestees in one juvenile court shows that, while discrimination in sentencing is minimal, the court is more likely to use substantive than formal criteria of decisionmaking. These findings suggest that studies of the juvenile court should be reoriented away from their traditional focus on legal and extralegal determinants of decision making toward a focus on substantive criteria.This study was supported by Ford Foundation under grant no. 73-96. We are grateful to Jackson Toby, principal investigator, for his aid in all phases of this study. William Smith and Antonia Steegen provided invaluable research assistance. This is a thoroughly revised version of a paper presented at the Annual Meeting of the American Society of Criminology, November, 1977.     

Cellularism, guanxiwang, and corruption: A microcosmic view from within a Chinese educational danwei

This paper, based on ethnographic field work, examines the interplay between three phenomena that exist within a university in the People's Republic of China: corruption, cellularism and guanxiwang.After a brief examination of the general literature on corruption in China, one university —Southern Tertiary — is studied and various types of corruption (both perceived and real) are explored.Over the past two decades Sinologists have debated the extent to which China is fiscally centralized or fragmented. Analysts now tend to agree that a cellular or honeycomb pattern characterizes center/periphery relations. Another feature, given China's underdeveloped legal and regulatory systems, is the prevalence of negotiation. Today autonomy-through-negotiation is not confined to national economic policy, nor to only national policies. This paper finds that the same pattern occurs within the danwei (work unit).What allows for (and in fact encourages) cellularity in the work unit is the emphasis placed on relationships and networking (guanxiwang). Cellularity is permitted-indeed, mandated-by the absence of certain systems, those involving flow of information, open discourse and faculty governance. The literature studying guanxi identifies the positive function that relationships serve in business. But the concept is more often associated with unhealthy practices. This paper argues that guanxi in and of itself is not a negative aspect of culture but is rather a cultural element that can be put into service across a whole range of morality. Certain conditions may encourage its use in ways which are perceived as corrupt.     

Marxism and the criminal question

The question considered is whether it is possible to trace a theoretical strategy for a criminal policy on the basis of Marx's work. The answer offered is that Marxian political and economic analysis does not supply any general theory of criminality and that any attempt to formulate such a theory (as in Lenin, Paukanis or Gramsci) necessarily leads to authoritarian and regressive conceptions of crime and punishment. Nevertheless the authors maintain that it is possible to trace three theoretical suggestions within Marxian thought which allow of a fruitful approach to the criminal question. The first suggestion relates to the economic roots of many aspects of modern criminality; the second regards the Christian and bourgeois superstition of moral liberty and individual culpability; the third suggestion deals with the lack of a guaranteed social space as the prime root of crime. These theoretical suggestions permit clarification of the social character of penal responsibility and this character points to the need for the socialization (but not deregulation) of criminal treatment.This essay grew out of a reply to a questionnaire drawn up by La questione criminale, an Italian review which tries to approach the criminal question from a Marxist standpoint.     

Enemies Everywhere: Terrorism, Moral Panic, and US Civil Society

Since the attacks of September 11th, 2001, terrorism has experienced a prominence in discourse across the U.S. The representations of terrorists and terrorism by the news media and politi have contributed to the edifice of terrorism as a moral panic. This treatise examines the social effects that have or may occur due to the social construction of a moral panic of terrorism. The thematic frame is situated within Cohens stages of a moral panic. We offer an analysis of the medias depiction and coverage of acts of terrorism, and legislative, political and legal responses in the form of social and cultural changes occurring from the creation of a moral panic. In addition, we offer an analysis of the states vested interest in the social construction of this panic, leading to increased levels of fear, targeted at the general publics consciousness. This article concludes that the presentation of terrorism and terrorists by the media and politi have contributed to unnecessary levels of panic and fear, misguided public consciousness, and the development of legislation creating negative social ramifications yet be seen.     

The Indiana University Advanced Research and Technology Institute: A Case Study

The Indiana University Advanced Research and Technology Institute (ARTI) is the technology transfer organ of the Indiana University system. ARTIs structure is complex, and has been dynamic since its creation in 1996. This complexity stems in part from the diversity represented by the Indiana University system and from competing interests within the university itself. In addition to the intrinsic value of higher education, the university has the potential to add substantial value to Indianas economic landscape through technology transfer, economic development initiatives and the resulting job creation, but realizing that potential will require effectively leveraging a disconnected network including the IU campuses and critical capabilities contributed by the states other world class institutions. This paper reviews the formation of ARTI, a discussion of its structure and evolving mission, recent initiatives and some possible metrics for technology transfer initiatives.     

Everyday Life and Legal Values: A Concept Paper

This concept paper emerged from a Law and Human Behavior (LHB) Workshop, that was called by the journal's Editor, Richard Wiener, and held at St. Louis University on March 19–21, 1999. This workshop, which brought together 22 scholars and researchers in legal psychology, was part of James Ogloff's Presidential Initiative Project for the American Psychology/Law Society, and was supported by St. Louis University and an NSF grant. Prior to our arrival, each participant answered queries from the Editor about LHB and the field of psychology and law, and each was asked to offer five topics that were underrepresented in the journal or that we would like to see addressed in future issues. At the workshop, we were assigned to small groups, and the authors of this paper constituted one such group. The charge for all groups was to develop plans for encouraging submissions in areas of psycholegal scholarship that continue to be infrequent topics of investigation, and then to develop a concept paper. The direction our group took is captured by our title, Everyday Life and Legal Values, and within this paper we explicate the topic, identify a number of underrepresented research areas, suggest some research paradigms for investigating them, and present this within a perspectival directions frame that ties established lines of research to the newer ones we propose.     

Law,fact and legal language

This paper discusses the difference between the factual and the legal, both as to terms and as to statements, on the analogy of the methodologists' distinction of the observational and the theoretical. No absolute distinction exists, and pure brute facts do not exist in law because of the socialisation of physical world and juridification of the social world.; also, the effect of evidentiary constraints. Law/fact distinction depends on applicability rules. The problem of mixed terms is partly a matter of judicial pragmatics, partly to do with the character of applicability rules, and their extensiveness. Semantic realism versus semantic instrumentalism in respect of legal terms -- the latter preferred. Tendency to abstract terms in advanced legal orders.     

Anomie and corporate deviance

This paper elaborates on Merton's theory of anomie, while aiming at the enhancement of our understanding of processes conducive to corporate deviance. It attempts to consolidate points made by theorists operating in diverse, often considered as conflicting, orientations or perspectives. A synthetic or integrated scheme is, thus, put forward, which can help appreciate the background against which corporate deviance is likely to occur. Moreover, it is argued that contemporary societies are inherently conducive to anomic trends. Such trends bring about not only lower-class deviance and crime — to which anomie theory has been traditionally applied — but also high-class and corporate deviance. Against claims by some scholars that the former is a matter of greater concern, it is suggested that the latter is at least as serious a problem and that it has significant implications for the social order.Parts of an earlier version of this paper were presented at the 10th International Congress for Criminology held in Hamburg, FRG, in September 1988.     

Urban Change and Policing: Mass Private Property Re-considered

This article examines a key explanation for the growth of private policing in North America and Western Europe - the influential mass private property thesis (Shearing and Stenning 1981). The discussion of private policing in Western Europe still tends to be heavily influenced by theories developed in the North American context, theories which may be problematic in the contrasting legal, social and economic contexts of Western European nations. The development of more Eurocentric theories has to date been inhibited by the relative paucity of empirical data on the rise of private policing in European countries. Recent research in Britain (Jones and Newburn 1998b) has begun to address this problem, and to map out some important contrasts with the North American experience. By considering these contrasts, it is possible to identify some key areas for future research on private policing in European countries and thus provide a more contextually-grounded series of explanations for what is happening to policing.Joseph Rowntree Foundation Professor of Urban Social Policy     

Power and fairness in negotiations

This paper reports the results of a laboratory experiment on power (specifically, authority) on negotiation process and outcomes. The experiment found that when given a goal to appear fair, high authority negotiators take less of the resources than when not given a goal to appear fair. Furthermore, this paper predicted and found that the relationship between authority imbalance and concern for fairness on negotiation outcomes is a multiplicative relationship. The theoretical and practical implications of these findings are discussed within the context of negotiations in intraorganizational relationships.This paper is based on a dissertation by the author, entitled Authority, Dependency, and Fairness in Negotiations. This work was completed while the author was a student at the Kellogg Graduate School of Management, Northwestern University.     

Crime Scene and Distance Correlates of Serial Rape

This study, derived from a sample of 108 serial rapists (rapes=565), examines the relationship between demographic, crime scene, and criminal history variables and the distance traveled by serial rapists in order to offend. The pattern of offenses perpetrated by each of the 108 serial offenders as it relates to his place of residence is also analyzed in terms of known characteristics of the offender and his offenses. The theoretical focus of the study integrates premises derived from criminal investigative analysis, environmental criminology, ethnographic geography, journey to crime research, and criminal geographic targeting to explore the cognitive symmetry between the how and the where of serial sexual offenses. These components or dimensions of serial crime are explored in an attempt to aid law enforcement in their investigation of hard-to-solve serial crimes.