Editors’ Introduction to the Special Issue, “Southern Criminologies: Methods,Theories and Indigenous Issues”

Critical Criminology -     

Introduction to Special Issue on Seana Shiffrin’s Speech Matters

Law and Philosophy -     

Introduction to “Environmental Justice”

Justice issues have been prominent in the environmental debate since its beginning in the second half of the twentieth century. This is not surprising, because environmental crises highlight our conceptions of justice, challenging us to consider their adequacy as well as their implications. Does current justice theory accurately describe the issues raised by environmental threats, especially about the justice for future generations? What are the implications of perceptions of justice or injustice for responses to environmental problems, up to and including social protest? For the most part, environmental social sciences have not been at the forefront of these debates, despite some very important contributions. The goal of the present issue is, therefore, to bring together researchers in the field of environmental psychology and justice research and to provide a forum for current research in the field of environmental justice. This introduction gives a short overview of past, present, and emerging findings and questions.     

Special Issue “The Reasonable Interpreter. Perspectives on Legal and Non-Legal Semiotics”. Introduction

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Toward a Green-Cultural Criminology of “the Rural”

There are many connections between the various strands of critical criminology. Previously, we highlighted common issues between green and cultural criminology, while also noting some of the ways that each perspective could potentially benefit from cross-fertilization (Brisman and South in Crime Media Cult 9(2):115–135, 2013, Green cultural criminology: constructions of environmental harm, consumerism and resistance to ecocide. Routledge, Oxford, 2014; McClanahan in Crit Criminol. doi:10.1007/s10612-014-9241-8, 2014). In this article, we extend our analysis to consider green, cultural and rural criminologies through the exposition of several key issues, including “the rural” as local context in which exploitative global forces may exercise power; agribusiness and the food/profit chain; farming and the pollution of land, water and air; and finally, cultural/media images and narratives of rural life. We focus more specifically on this final intersectionality through an analysis of Jonathan Franzen’s novel Freedom (2010), analyzing his depictions of rural people, environmental activists, and the rural environment through the issue of mountaintop removal. We conclude our article by identifying several examples of key directions in which the intersectionality of green, cultural and rural criminologies might proceed, including trafficking and abuse of farmworkers, harms associated with the cultivation of quinoa, and a critical interpretation of media and popular narrative depictions of environmental issues within rural contexts.     

‘Cultural Criminology,Governmentality and the Liquidity of the Failing State: The View from Ireland’ for Critical Criminology

A number of incidents and community movements in the post-economic growth era have come to shape understandings of the Republic of Ireland’s marginalised groupings. These groups exist in both urban streetscapes and rural communities; all have come to represent a new culture of transgressive resistance in a state that has never completely dealt with issues of political legitimacy or extensive poverty, creating a deviant form of ‘liquid modernity’ which provides the space for such groupings to exist. The article demonstrates that the prevailing ideology in contemporary, post-downturn Ireland have created the conditions for incidents of ‘cultural criminology’ that at times erupt into episodes of counter hegemonic governmentality. The article further argues that these groups which have emerged may represent the type of transgressive Foucaultian governmentality envisaged by Kevin Stenson, while they are indicative of subcultures of discontent and nascent racism which belie the contented findings of various affluence and contentment surveys conducted during the years of rapid growth. The paper develops this theme of counter-hegemonic ‘governmentality’, or the regional attempts to challenge authorities by local groups of transgressors. The paper finally argues that, in many ways, the emergence of a culture of criminality in the Irish case, and media depictions of the same, can be said to stem from the corruption of that country’s elites as much as from any agenda for resistance from its beleaguered subcultures.     

Queer Criminology,Critique, and the “Art of Not Being Governed”

This article builds on previous work that argues that a useful path for a “queer/ed criminology” to follow is one that takes “queer” to denote a position. It suggests that one way of developing such an approach is to adopt a particular understanding of critique—specifically one that draws from Michel Foucault’s view of critique as “the art of not being governed.” It then charts some of the possible directions for such a “queer/ed criminology.” While such an approach to critique has previously been discussed within critical criminologies, this article suggests that it is useful for queer criminologists to explore the opportunities that it affords, particularly in order to better appreciate how “queer/ed criminology” might connect to, draw from, or push against other currents among critical criminologies, and help to delineate the unique contribution that this kind of “queer/ed criminology” might make.     

Introduction to “Justice in Animals”

Although much is known about humans?? responses to inequity, little is known about similar responses in other species. The goal of these issues is to bring together researchers focusing on both humans and non-humans to provide a synthesis of our knowledge of non-human responses to inequity to date, and what these data tell us about the evolution of humans?? responses. In this Introduction, I provide a brief background, highlighting both areas in which differences among the related literatures emerge and the ways in which the comparative approach can provide insight in to this question. As becomes clear in these issues, we have reached the point where we can move beyond documenting these responses in other species and develop research programs combining both human and non-human perspectives to better understand the evolution of fairness and justice.     

The ‘Perils’ of an Identity Politics Approach to the Legal Recognition of Harm

In the past, and it still remains the case, people with learning difficulties who are victims of violence have been cast as being in need of protection rather than rights and justice. Such an approach belies an institutionalised perspective of harm that does not readily engage with criminal justice structures or solutions. At the same time, Sect. 146 of the Criminal Justice Act 2003 gives the court the power to pass enhanced sentences where it can be proven that a crime was motivated by hostility towards someone because s/he is disabled. However, this provision may simply remain a symbolic pledge to equality that fails to tackle the complex and deep rooted causes of violence and oppression in modern society. The consequences of automatically turning to hate crime ‘solutions’ have yet to be explored. This article will draw from the ideas of a number of thinkers in the context of diverse activism to construct a bridge between current debates about how to theorise and tackle violence and oppression in the modern world and the campaigns fought by people with learning difficulties and their supporters. The hope is that this exercise will not only help people with learning difficulties to access the current debate but will further develop current thinking about how to understand and tackle violence in the modern world.

‘Won’t Somebody Please Think of the Children?’ Hate Speech,Harm, and Childhood

Some authors claim that hate speech plays a key role in perpetuating unjust social hierarchy. One prima facie plausible hypothesis about how this occurs is that hate speech has a pernicious influence on the attitudes of children. Here I argue that this hypothesis has an important part to play in the formulation of an especially robust case for general legal prohibitions on hate speech. If our account of the mechanism via which hate speech effects its harms is built around claims about hate speech’s influence on children, then we will be better placed to acquire evidence that demonstrates the processes posited in our account, and better placed to ascribe responsibility for these harms to individuals who engage in hate speech. I briefly suggest some policy implications that come with developing an account of the harm of hate speech along these lines.

     

Queer Contestations and the Future of a Critical “Queer” Criminology

It is intuitive to include critical criminologists in early conversations about “queering” criminology given that the paradigms and methods of critical criminology can be employed to challenge subordination and inequality in its several dimensions. The first part (and main focus) of this article problematizes this intuition, which is easy to accept at face value, by reflecting backwards and explaining how early influential critical criminological views perpetuated damaging stereotypes and representations of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people as sexual deviants. The second part reflects forward, and discusses the difficulties of carving a space in the discipline for critical queer perspectives. Drawing on critical and critical race theories, this article advocates a relational, intersectional approach to conceptualize sexual orientation and gender identity in criminological theory and research. This approach considers the connections among sexual orientation or gender identity and other differences (e.g., race, ethnicity, nationality, religion, class, gender, etc.) without assuming or attaching fixed meanings to those differences.