Trials and Miscarriages: an evolutionary socio-historical analysis

Periodically miscarriages of justice become newsworthy and inform not only those who may have some responsibility for their occurrence and rectification, but the general public as well. At those times proposals for reform tend to ensue, and reforms occur. But such occasions are rarely considered historically or understood from an evolutionary perspective. This article undertakes to offer that missing feature. It attempts to inform the periodic highly charged discussion of miscarriages of justice with an understanding of their ingredients illustrated by both some recent and some much older history. The article presents the thesis that miscarriages of justice are a component of the workings of all criminal justice systems, part of their operations, rather than their malfunction. It shows how miscarriages of justice are the criminal justice system’s answer to a prior problem, the functional need to convict more persons than can be shown, with certainty, to have committed the crimes of which they have been charged. This thesis has the implication of inserting some modesty into proposals for reform, not to decry their attempts, but to inspire less naivety. The article focuses on the changing methods of the criminal trial, throughout the second millennium and up to the present day, as an expression of the underlying problématique that represents its thesis.     

The subculture of violence and ethnicity

Using data from the General Social Surveys, this article examines the subculture of violence thesis as it relates to three ethnic groups—blacks, Hispanics, and American Indians. The data suggest that blacks and American Indians have had more violence experiences (hitting and firearms) than have the general population. Contrary to what would be predicted from the thesis, the data indicate that blacks and Hispanics had lower tolerance of violence than the general population. Only American Indians, on all factors considered, appeared to support the thesis. Even this support, however, took on less significance when regression results were examined. Demographic and residential variables explained more of the variance in violence tolerance and experiences with violence than did ethnic background. These findings suggest that the influence of ethnicity on the subculture of violence is minor and indirect.     

Spuriousness or mediation? Broken windows according to Sampson and Raudenbush (1999)

In 1999, Sampson and Raudenbush published an influential article in the American Sociological Review on the link between disorder and crime in urban neighborhoods. The present article offers a reinterpretation of their 1999 article based on the contentions that: (1) their interpretation of the broken windows thesis is imprecise, and (2) there is an alternative interpretation of their findings that was not considered. Based on these contentions, and contrary to Sampson and Raudenbush's (1999) assertions, the authors conclude that the results of Sampson and Raudenbush's study are not inconsistent with the broken windows thesis and therefore should not be used as empirical evidence against it.     

Legal Positivism and Deontic Detachment

I consider a puzzle that arises when the logical principle known as “deontic detachment” is applied to the law. It is not possible to accept the principle of deontic detachment in a legal setting while also accepting that the so‐called “social facts thesis” applies to all legal propositions. According to the social facts thesis, the existence and content of law is determined by the attitudes or practices of legal officials. Abandoning deontic detachment is not an appropriate solution to the problem—the puzzle can be recreated with other plausible closure principles. The problem can be solved by restricting the social facts thesis to legal rules, rather than applying it to all legal propositions. Properly construed the social facts thesis does not apply to facts about what legally ought to be the case.     

Criminology, the Chicago School, and sociological theory

Although the Department of Sociology at the University of Chicago wasnever known as a center for sociological theory, major contributions were made in suchareas as social disorganization, human ecology and demography, urbanism,professions, institutional development, community organization anddevelopment, as well as criminology and deviance. These theoreticalcontributions did not qualify as grand theory, but all were in the Chicago tradition of theoretically interpretive empirical work. The Project onHuman Development in Chicago Neighborhoods – Chicago-style researchat its best – continues that tradition, wherever it is practiced and whateverits specific aims.     

The Sovereignty Game States Play: (Quasi-)States in the International Order

This article discusses the puzzle of sovereign statehood in the context of state failure and anarchy in Sub-Saharan Africa. In the first section it suggests to analyse sovereignty as a discursive fact in terms of a Wittgensteinian language game. This renders recognition a pivotal element and rejects foundationalist notions of sovereignty. The second section analyses the ‘quasi-statehood narrative’. Whereas this narrative presents sovereignty as a game, it applies two different notions of games concomitantly. This article argues that the notion of quasi-statehood maintains an empirical kernel as the core of ‘real’ sovereign statehood and as such remains within the conventional sovereignty discourse. The epilogue states that such foundationalism is not an innocent analytical move. It shows how language can have far-reaching political impact in terms of legitimation of political actions, and how, ultimately, the conventional discourse drains international relations of its content. This will be illustrated by U.S. position to state failure in their War on Terrorism.     

论《与贸易有关的投资措施协定》的适用范围

本文从以下几方面来探讨《与贸易有关的投资措施协定》的适用范围 :投资措施的涵义 ,与贸易有关的投资措施的涵义 ,《与贸易有关的投资措施协定》的适用范围     

On Necessary Relations Between Law and Morality*

Abstract. The author's thesis is that there is a conceptually necessary connection between law and morality which means legal positivism must fail as a comprehensive theory. The substantiation of this thesis takes place within a conceptual framework which shows that there are at least 64 theses to be distinguished, concerning the relationship of law and morality. The basis for the author's argument in favour of a necessary connection, is formed by the thesis that individual legal norms and decisions as well as whole legal systems necessarily make a claim to correctness. The explication of this claim within the frame of discourse theory shows that the law has a conceptually necessary, ideal dimension, which connects law with a procedural, universalistic morality.     

Job Access and Homicide Patterns in Chicago: An Analysis at Multiple Geographic Levels Based on Scale-Space Theory

Economists and criminologists have long tried to establish linkages between job markets and crime. Most prior research, however, was across large areas (e.g., states, metropolitan areas) or across time. This research focuses on examining the variation of job markets within a city (i.e., Chicago) and whether it is related to the spatial pattern of crime (i.e., homicide). The job market condition is measured by job accessibility, an index computed by a Geographic Information System (GIS) method. Multivariate regressions, controlling for other socioeconomic covariates, are used to analyze the relationship between job access and homicide rates. Considering problems with analysis of rare events such as homicide in small populations, this research constructs various levels of geographic areas from census tracts to generate more stable homicide rates with larger base populations. In particular, a spatial clustering method based on the scale-space theory is used to merge adjacent tracts of similar attributes into new geographic areas. The study shows an inverse relationship between job accessibility and homicide rates across census tracts and the newly-constructed geographic areas in Chicago.     

The Special Case Thesis. An Assessment of R. Alexy's Discursive Theory of Law

Legal Argumentation Theories seek mainly to develop procedures, criteria and principles which can guarantee a proper justification of legal propositions within modern legal systems. In doing this, those theories solicit in general an interconnection between practical reasoning and legal reasoning. This paper refers mainly to what seems currently to be the most elaborate theory of legal argumentation, that is R. Alexy's Theorie der juristischen Argumentation. Although the discussion is mainly concentrated on critical points of R. Alexy's theory, this paper's scope is slightly broader; it attempts to present an overall view of the current discursive theory of law. This is mainly performed through the critical examination of R. Alexy's Special Case Thesis, which seems to raise a handful of counter arguments on behalf of the other proponents of Legal Argumentation. In the first part the special case thesis is presented, as well as the main objections to it. In the second part the validity of the special case thesis is checked against K. Günther's model of practical discourse, which proves to be more elaborate in certain points, when compared with the corresponding model of R. Alexy. In the third part it is shown that the special case thesis can be accepted consistently only if it is combined with a normative theory of law that advocates the interconnection of the concept of law with the idea of right morality. It is further suggested that legal discourse has to be perceived as a special case of a broader moral-political discourse that “explains” or “justifies” (morally) the various restrictions that the positive legal systems impose on the legal discourse.     

Marital cruelty: reconsidering lay attitudes in England,c. 1580 to 1850

The mid-eighteenth century is seen as a turning point after which English legal and lay attitudes to cruelty expanded from life-threatening violence to include a wider range of behaviours. This article reconsiders this chronology of changing ideas about marital cruelty. It follows the lead of recent scholarship that challenges the thesis of a ‘civilising’ process in attitudes towards state-violence and inter-personal violence and draws on new conclusions about marital relationships, spouses' gendered roles, and early modern manhood, which complicate simplistic views of patriarchal unions. Focusing upon the full array of acts – not just life-threatening ones – discussed in cruelty cases from c. 1580 onwards, this article questions the convention that social toleration for husbands' use of violence against their wives declined from the 1750s as part of an overall civilising process.     

Deserved punishment

The essay contrasts the thesis that deserved punishment is punishment which, as deserved, is obligatory with the weaker thesis that it is punishment which, as deserved, is permissible. The author first outlines an account of the meaning of desert-claims which entails only the weaker thesis and then defends this account against criticisms levied in a recent article that it is ambiguous, cannot explain the moral significance of desert, justifies letting people profit from their crimes, and permits unequal treatment. The essay proceeds to a critique of George Sher's view of deserved punishment, faulting Sher for: (1) his reliance on an implausible understanding of benefits, (2) his inability to justify the punishment of crime-victims for their own crimes, and (3) the inadequacy of his defense of mercy. Finally, the author sketches a role-centered conception of morality within which it becomes clearer how deserved punishment can be justified as the victim's ties to the criminal, and the role-responsibilities derivative therefrom, are vitiated by the latter's misdeeds.     

A Modest Notion of Coherence in Legal Reasoning. A Model for the European Court of Justice

Abstract. The aim of this article is to propose a theoretical theme to explain coherence in legal reasoning. The main argument that this paper wants to put forward is that theories of coherence in the legal system should be differentiated from theories of coherence in legal reasoning. These focus on arguments, and on how the given arguments are connected. In particular, the notion of coherence in legal reasoning proposed here is a modest one. The article applies this theme to the case‐law of the European Court of Justice in environmental matters. This provides an example of how to deal with conflicts between incommensurable goods, and how to promote coherence by justifying decisions.

相似文献   

BEYOND COMMUNITY: REACTIONS TO CRIME AND DISORDER AMONG INNER-CITY RESIDENTS

Research on fear of crime has been primarily quantitative, focused mostly on "fear,""crime," and "disorder." Little work has investigated alternative reactions, including "safety," when crime/disorder are prevalent. With the purpose of exploring reactions to crime and underlying processes, this study applies a grounded theory approach to in-depth interviews and field observations with a group of 69 disadvantaged urban residents, randomly selected from a sample of Chicago welfare recipients. Results suggest that fear, absent in neighborhoods with incivilities and in many violent areas, is not the prevalent response to local crime/disorder; "cues" other than crime/disorder trigger fears; fear may not be of crime/disorder; and neighborhood problems elicit precautions, which neither influence fear nor "paralyze" respondents. The processes underlying these reactions are discussed.     

Corruption among narcotic officers: A study of innocence and integrity

This study focuses on the influencing components producing corruption among narcotic law enforcement officers, and it is the second article of a three part series among 255 officers. It was postulated that income and stress among of narcotic officers gives rise to corruption. Although, corruption was defined as police brutality, personal use of contraband, and abuse of due process rights, the data was insufficient to support the hypothesis. It was revealed, however, that corruption did exist among narcotic officers, but its causal factors were related to an officer’s lack of experience, innocence, and integrity. Recommendations are that narcotic officers be selected based on their experiences especially military service. Further research should be conducted examining the link between military training and quality narcotic law enforcement service. Author Note: Dennis J. Stevens, Ph.D. is an associate professor of criminal justice at the University of Massachusetts at Boston. In addition to teaching traditional and nontraditional students, he teaches and counsels law enforcement officers in police academies such as at the North Carolina Justice Academy and felons at maximum custody penitentiaries such as Attica in New York, Eastern and Women’s Institute in North Carolina, Stateville and Joliet near Chicago, and CCI in Columbia, South Carolina. He is a former group facilitator for an organization that specializes in court ordered abuse counseling. He can be reached at dennis.stevens@umb.edu     

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.     

浅析衡量现代化的城市化视角

对于现代化的认识和研究有不同的视角和关注点。城市化一直被认为是与现代化息息相关的,并且成为许多现代化研究的切入点。本文试图通过对现代化和城市化的认识过程,寻找两者的有机结合,阐明可以通过城市化衡量现代化;并且以城市化要素为线索,以现代化侧面为考察对象,以我国截止到2003年底的城市化和现代化状况为实例,建立和运用从城市化视角衡量现代化的分析框架。     

MPs' Issue Attention in Parliament: Evidence of a Stick–Slip Process of Attention Allocation in the French National Assembly

Until now, political science has focused mainly on institutions or political actors and much less on the content of politics, the issues political actors and institutions deal with. Based on the seminal work of Jones and Baumgartner ((2005), The politics of attention: How government prioritises problems. Chicago: University of Chicago Press), the article will study MPs' issue attention in Parliament and will investigate the source of punctuation in attention allocation. Even if a growing literature is dedicated to this issue, the two main sources of friction – cognition and institution – have not yet been directly tested. Based on an exhaustive database of the parliamentary questions in the French National Assembly between 1988 and 2007, the paper will focus on the dynamics of issue attention in the parliamentary questions at three levels to show that: the general punctuation hypothesis is valid for the parliamentary question agendas; the comparison between the levels of punctuation of the institutionally unconstrained written question agenda and the institutionally constrained question to government agenda is consistent with the idea that higher institutional friction induces higher punctuation in attention allocation; and the dynamics of issue attention in the parliamentary question agendas at the individual level exhibit strong patterns of cognitive friction.