Left Out? The coverage of critical perspectives in introductory criminology textbooks, 1990–1999

DeKeseredy and Schwartz have criticized introductory criminology textbooks published in the United States for their ‘poor treatment’ of critical/radical perspectives. This paper subjects this criticism to empirical analysis by studying the coverage of critical perspectives in 34 introductory criminology textbooks published from 1990 to 1999. Specifically, I examine how the coverage of critical perspectives in the textbooks is influenced by: 1) the theoretical orientations of the texts; 2) the positions of the texts on debate over conflict and consensus theories of law; and 3) the positions of the texts on the evidence supporting critical perspectives. This analysis shows that critical/radical perspectives in general, but in particular recent developments in critical criminology (including critical feminism, left realism, peacemaking criminology and postmodern criminology) are often ‘left out’ of contemporary criminology textbooks.     

Engendering Imprisonment: The State and Incarcerated Female Subjects in Taiwan

In International feminist perspectives in criminology, Rafter and Heidensohn in International feminist perspectives in criminology: Engendering a discipline. Open University Press, Buckingham, (1995: 4) contended that current mainstream criminology was the most masculine of all social sciences. A look at arguments about penal development confronts us with the fact that most historical studies are not gender-specific. Whether female offenders were victimized or acted as their own agents in the penal institutions can be determined with reference to two considerations: first, women prisoners have persistently been treated differently from their male contemporaries; second, female offenders have typically been burdened with formal penalties and informal gender disciplines as punishments for their wrongdoings. The relationship between women and the state provides some clues regarding how penal institutions, which are authorized to act for the state in imposing penalties, treat female offenders and why women’s imprisonment has taken the forms that are evident historically. This study traces the unique political and social conditions of Taiwan’s history to determine what reformations penal institutions have sought to enforce upon female prisoners and which body-types of female inmates have been ‘docile’, ‘obedient’, and ‘useful’ to the state. From the establishment of women’s care homes and the practice of separating the genders in penal institutions, to the implementation of independent women’s prisons, the state in Taiwan has played a dominant role in penal reforms in various historical contexts. This investigation aims to provide a critical and unique perspective of the penalization of women.     

<Emphasis Type="Italic">Cultural Criminology: An Invitation</Emphasis>… to What?

Since the mid 1990s, a strand of criminology emerged that is concerned with the co-constitution of crime and culture under the general rubric of ‘cultural criminology’. In the titles Cultural Criminology Unleashed and Cultural Criminology: An Invitation, criminologists spearheading this brand of criminology make claims for its originality and its status as a subversive alternative to conventional criminological approaches to studies of crime and deviance. The basis for the ‘new’ cultural criminology is its ostensible ability to account for the culture and subcultures of crime, the criminalization of cultural and subcultural activities, and the politics of criminalization. This paper offers a comparison of cultural criminology to 1960s and 1970s labeling theory to assess whether or not cultural criminology has developed a grammar of critique capable of resolving fundamental contradictions that haunt critical criminology and contesting contemporary administrative criminology. Points of comparison are made through ontological categories of power and criminal identity and a consideration of the epistemological categories of the respective bodies of literature.     

Talking Heads and Bleeding Hearts: Newsmaking, Emotion and Public Criminology in the Wake of a Sexual Assault

Using our own experiences in attempting to ‘do’ public criminology in the wake of a violent sexual assault on our campus, we offer a critique of the emerging public criminology framework. Focusing specifically on tensions between fact and emotion and representations of expertise in the news media, we argue for a greater respect for emotional responses to crime in moving the public criminology agenda forward. We suggest that if public criminology sets as its goal educating the public about crime with an eye towards injecting a counter/critical discourse into ‘get tough’ crime control policies, then public criminologists need to recognize and take seriously the public’s emotions rather than negate them. Drawing on the work of Ahmed (The cultural politics of emotion. Routledge, London, 2004), we suggest that the role of the expert is not to simply inform citizens of the ‘facts’ about crime, but to establish—through emotions—the relationship between themselves and the imagined criminal Other (Young in Imagining crime: Textual outlaws and criminal conversations. Sage Publications, London, 1996). Thus, alongside trying to convince the public to be more ‘rational’ when it comes to crime, critical criminologists must start to accept people’s fear and anger as legitimate reactions and try to redirect these emotions toward more productive ends.     

Whither Critical Criminology? A Contemplation on Existential Hybridization

There has been much debate, in recent years, about the task, aims and goals of critical criminology, and about the need for critical criminology to re-invent itself. Referring to Sartre’s existentialism, this contribution introduces and expands on the thesis that critical criminology may be able to re-invent itself with the help of new ‘guiding images’, most notably: existential hybridization. This is a revised version of a lecture given at Keele University (UK) on 27 March 2007. This paper is a much shortened version of an extensive contribution on ‘The Being and Nothingness of Critical Criminology’ (forthcoming).     

The failure of postmodern criminology

Postmodernism has recently washed up on the shores of criminology, and is the subject of considerable theoretical debate. This essay critically assesses some of the most trenchant and relevant components of the theoretical bases for postmodernism, and sketches out their applicability to criminology. It argues that postmodernism can be of little assistance to intellectuals committed to critique and fundamental social change. While postmodernists look down so severely at ‘old-fashioned’ ‘meta-narratives’ like Marxism, it is now they who are falling off the contemporary agenda, because they are dated and theoretically flawed. My main argument is that the theoretical imporverishment of postmodernism creates an obstacle to the development of a truly critical criminology. One of the current challenges of critical criminology is to amplify the critique of postmodern criminology and to reorient the trajectory of critical criminology away from the postmodern detour. The essay explores the historical context of the emergence of postmodernism, the modernist/ postmodernist era, deconstructionism, ‘meta-narratives’, idealism, form and content, fragmentation/pluralism/relativism, absence of progressive praxis, conservatism and Marxism.     

In search of criminological tradition: the development of criminology in Taiwan

There has been a growing interest in the historical development of criminology(ies) throughout the world. This paper examines the development of criminology in Taiwan (Republic of China) using both questionnaire and interview data. Textbooks, institutional development, and research activity are taken as proxy measures of a criminological tradition. Beginning with criminology in Republican China (1929–1949), the article explores the key features of change in criminology against the background of Taiwan's own particular adoption of social, political and economic ‘modernisation’. Foreign influence and the contemporary meaning of ‘indigenous’ are considered. The article ends with a research agenda for a grounded historical sociology of criminology on Taiwan; key identified research questions relate to sponsorship, research priorities and the production of criminological knowledge; the reception of research by policy communities and practitioners; the relationship between criminological knowledge and politics; and the processes of selective appropriation.     

Event and Victimization

This article contributes to recent existentialist interventions in critical criminology (see Lippens and Crewe 2009) and offers the existential concept of ‘event’ as a guiding image for critical victimology. Whereas existential criminologists have examined crime and wrongdoing, very little attention has been given to victimization. I utilize the existential phenomenology of Martin Heidegger and Claude Romano to offer a critique of existing approaches to victimization within mainstream criminology and develop an evential analytic to understand the event of victimization. This paper brings together existential philosophy and victimology to offer an alternative approach to victimization. I engage with the ‘problem of number’ in conventional victimology and offer a critique of quantitative approaches to victimization based on the unsubstitutability and singularity of existence. Through a discussion of selfhood and embodiment from an evential standpoint, this paper moves beyond existing victimological approaches to identity. I also consider the relationship between victimization and trauma. In the final section of the paper I carve out an alternative research agenda through a discussion of bearing witness and events of victimization.     

New right,new left,new challenges: understanding and responding to neoconservatism in contemporary criminology

This essay examines the rise of neoconservative thought within criminological discourse from the enlightenment ‘quarrel’ with ancient philosophy and church supported scholasticism in the 1700s to the present day. From the perspective of criminology, it is argued that there is little new about the ‘new right’ with the exception that it has managed to galvanize itself as a popular retributionist alternative among the working class in the United States, Canada, and England. The current organization of social institutions in a modern ‘risk society’ facilitates the easy re-definition of the crises of late-modern capitalism into issues of social control. It is not surprising we find the right reinvigorated and prominent under these conditions. New left realism and crime control through social development are offered as competitive platforms from which to advance critique of barbaric right-wing crime-control policies. Despite all my rage, I am still just a rat in cage (Smashing Pumpkins 1996)     

Underused potentials for criminology: Applying the sociology of knowledge to terrorism

Knowledge has for a long time been a central category in criminological thought, the etiological and reaction sides alike. On the etiological side, rational choice, neutralization techniques, the learning and unlearning of motivations, practices and codes, and, lately, efforts toward a cognitive criminology exemplify approaches that refer implicitly or explicitly to ‘knowledge’. Yet, with the exception of George Herbert Mead’s work, the sociology of knowledge has barely been explicitly used. This paper argues that the conscious consideration of the sociology of knowledge, including neo-Durkheimian, neo-Marxist, and neo-Weberian traditions, promises great benefit to criminological thought. Such consideration sheds light on the distribution across time and space of cognitive and normative tools that contribute to patterns of norm breaking behavior. A brief overview of the implicit use of ‘knowledge’ in criminological theory is followed by an elaboration of the potential benefits for criminology from incorporating leading traditions in the sociology of knowledge. The article concludes with an illustration for the case of terrorism as it rises simultaneously, but seeks distinct targets, across regions of the world.     

‘Schooling’ and the ‘Naturalization’ of racial injustice

Despite various government initiatives that have emerged in response to Canada's increasing racial diversification, the unjust treatment of racial minorities remains a problem. By examining the contracdictions between ideology and practice within an educational context, this paper provides an explanation of why government efforts direced towards the eradication of racial injustice have been relatively ineffective. The continued mistreatment of racial minorities is, in part, attributable to the promotion of a particular form of justice that ‘naturalizes’ racism. First, a reformulation of the relationship among the concepts of justice, ideology, and complementarity generates an analytical framework within which to address the problem of ‘naturalization’. The latter part of the paper examines the ‘naturalization’ of inequality generally, and racial inequality specifically, within education. A critical review of the teaching of Canadian history and Philippe Rushton's controversial theory demonstrates how education currently—but not inevitably—reinforces negative racial stereotypes, inviting the unjust treatment of racial minorities to remain unquestioned.     

Hart and Raz on the Non-Instrumental Moral Value of the Rule of Law: A Reconsideration

HLA Hart and Joseph Raz are usually interpreted as being fundamentally opposed to Lon Fuller’s argument in The Morality of Law that the principles of the rule of law are of moral value. Hart and Raz are thought to make the ‘instrumental objection’, which says that these principles are of no moral value because they are actually principles derived from reflection on how to best allow the law to guide behaviour. Recently, many theorists have come to Fuller’s defence against Hart and Raz, refuting the ‘instrumental objection’ and affirming the non-instrumental moral value of conformity to the principles of legality. This article argues that although this moral value should be affirmed, the orthodox view is incorrect, because Hart and Raz never understood their arguments about the instrumental or ‘purposive’ value of the principles of legality as denials of their moral value, as a close reading of their work shows.     

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’).     

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.     

Affairs of the Heart: Hate Crime and the Politics of Crime Control

Various scholars have noted the priority given to law in the politics of hate violence; violence is the problem and law, more specifically the criminal law, the solution at the ‘heart’ of society. This article seeks to explore some of the gaps and silences in the existing literature and politics that mobilize these ideas and associations. It is the gap sand silences associated with demands for and expectations of criminal justice that will be the particular concern of this article. The demand for law is examined by way of David Garland's recent work on the culture of crime control. His work offers an analysis of the contemporary place of crime control in Anglo-American liberal democracies. A distinctive feature of his analysis is to be found in the way it maps an important paradox of contemporary crime control; its political centrality and an increasing recognition of its limitations. Garland's ‘criminology of the self’ and the ‘criminology of the other’ raise some important challenges for those who advocate resort to crime control. My particular concern is to consider the significance of Garland's work for a contemporary sexual politics that puts violence and criminal justice at the heart of that politics. Feminist, gay and lesbian scholarship first on criminal justice and second, on violence and law will be used to develop a critical dialogue with Garland's analysis and to reflect upon the challenges raised by his insights into contemporary crime control. This revised version was published online in July 2006 with corrections to the Cover Date.     

Derrida’s Other Ends of Man

In ‘Force of law’ Derrida appears to suggest that emancipatory ideals and human rights have a continuing relevance. This may seem a surprising proposition from a theorist often interpreted as critical of humanist and Enlightenment principles. This paper argues, however, that Derrida does not reject, outright, humanist, Enlightenment and emancipatory strategies but instead deconstructs these in order to propose alternate ‘ethical’ and ‘political’ possibilities. Focusing on ‘The ends of man’, ‘Force of law’ and ‘Autoimmunity’ this paper argues that Derrida does not advocate an anti-humanism but instead gestures toward an alternate unconditional hospitality, responsibility, friendship, justice and democracy-to-come, displacing the anthropomorphism of humanism and advocating instead an openness to a heterogeneous otherness.     

‘I Would Prefer Not To’: Giorgio Agamben, Bartleby and the Potentiality of the Law

In Homo Sacer, Giorgio Agamben suggests that Herman’s Melville’s ‘Bartleby the Scrivener’ offers the ‘strongest objection against the principle of sovereignty’. Bartleby, a legal scribe who does not write, is best known for the formula with which he responds to all his employer’s requests, ‘I would prefer not to.’ This paper examines this formula, asking what it would mean to ‘prefer not to’ when the law is in question. By reading Melville’s story alongside Aristotle’s theory of potentiality and Walter Benjamin’s theses on history, it suggests that Bartleby’s interest, for Agamben, lies in his challenge to dominant conceptions of the relation between potentiality and actuality, which, he believes, are rendered indistinct in sovereignty. By reflecting critically on Agamben’s depiction of Bartleby as a ‘new Messiah’, this paper examines Agamben’s understanding of what it would mean to fulfil the law, and what form of political task this would entail.     

Social and legal alienation: The case of aboriginal peoples in Canada

The concept ‘alienation’ has become a relatively common expression in contemporary society, the usage of which often belies the varied meanings it has had historically and in contemporary literature. Using the sociology of knowledge, an historical analysis of the use of ‘alienation’ in law, the social sciences, and religion reveals a rich and varied tradition. ‘Alienation’ arose with a positive religious meaning and subsequently became a cornerstone for the new property rights of an emerging capitalist economic order. In this new industrial order, social critics gave a negative meaning to ‘alienation’ that became the basis for the social scientific concept. The legal freedom to alienate property has arguably led to the marginalization of certain segments of society. A specific example of this process can be found in the struggles of Aboriginal peoples against their colonizers. Through the process of legal alienation, Aboriginal peoples lost not only their land, but their culture and self-worth. In recent years, Aboriginal peoples have attempted to reduce their social alienation through a variety of de-alienation strategies, including social, political, and legal struggles. One tactic has been land claim litigation. Therefore, through efforts to obtain legal alienation of land, Aboriginal peoples strive to reduce their social alienation and oppression.     

What’s Inside and Outside the Law?

In this article I take up a conceptual question: What is the distinction between ‘the law’ and the behavior the law regulates, or, as I formulate it, the distinction between what is ‘inside’ the law and what is ‘outside’ it? That conceptual question is in play in (at least) three different doctrinal domains: the constitutional law doctrines regarding the limits on the delegation of legislative powers; the criminal law doctrines regarding mistakes of law; and the constitutional rights doctrines that turn on the distinction between state action and the acts of non-state actors. I argue that legal doctrines should turn solely on normative considerations and should not turn on answers to conceptual questions. However, the doctrines I discuss appear to turn on the conceptual question regarding what is ‘inside’ and ‘outside’ the law. I show how each of these doctrinal areas appears to raise this conceptual issue, and I explain how the doctrines might or might not escape being held hostage to conceptual controversy.     

Ambivalence About Equality in the United States or, Did Tocqueville Get it Wrong and Why Does that Matter?

Alexis de Tocqueville believed that “democratic peoples’... passion for equality is ardent, insatiable, eternal, and invincible.” This article examines whether and under what conditions residents of the United States demonstrate such a commitment to equality. I show that at many points in history, Americans have indeed chosen to move toward greater justice and less oppression; however, there are clear limits to their passion for equality. White Americans endorse less social, political, and economic equality than do African Americans, but even the latter often resist equality for groups that they perceive to be threats, or for behaviors that threaten strong social or moral norms. The article discusses implications for political activists of these patterns of support for and resistance to greater equality, and suggests strategies for overcoming oppression and promoting justice.