Political culture,xenophobia and the development of the violence of the radical right in the Federal Republic of Germany

Recently an increasing amount of violent racism has been directed at foreigners in Germany. Current theoretical explanations are deficient because they fail to recognize the historical role of the political culture. This paper argues that political elites are responsible for initiating rhetoric and policy that has created an environment where xenophobic and racist violence can flourish. Positive normalization is defined as a process for the neutralization of the violent Nazi past and the reconstruction of a German nationalist identity. Negative normalization is described as responsible for the decriminalization and trivialization of xenophobic and racist violence. It is argued that unless changes within the German political culture are taken into account, criminological perspectives on the current situation will inevitably be limited.     

Presidential rhetoric on cybercrime: links to terrorism?

Abstract

Presidents often give speeches about crime issues as a way to convince the public that there are significant problems for which an easy solution can be found. Studies have shown that presidential rhetoric on crime not only influences the public’s perception of the problem, but also the perception of the best solution. More recent research has demonstrated that presidents sometimes draw on the public’s fear of crime as a way to further affect the public’s perception of crime. In other words, presidents link crime with the public’s anxiety about other fearful events as a way to further impact the public’s perception of a problem (and thus further their agenda). This study examines presidential rhetoric on cybercrime to determine if executives link cybercrime with other issues such as national security. The findings provide credibility to both Cavelty’s threat frames approach as well as assertions made regarding the politics of fear.     

City of Illusions,layers of deceit,and the sterility of isolation

Ursula K. Le Guin frequently uses the genre of science fiction/fantasy to explore power relationships between cultures. This paper examines an early and neglected work, City of Illusions, within the context of post‐colonial criticism to show that the novel is in fact a highly sophisticated political parable. The novel depicts a colonized Earth under the control of an extragalactic power which employs many of the strategies for control used by the hegemonic powers of the past and present. Essentially, the novel explores how these methods of manipulation and control work, the effects they have on the colonized societies, and colonized peoples' strategies of resistance. The novel makes use of a series of metaphors to convey these ideas.     

Attitudes toward hate crime laws

The research reported here was a survey study exploring attitudes toward hate crime laws and possible causes of such attitudes. In a path model, which was supported by the data, it was found that the major factor determining acceptance or rejection of a hate crime law was whether or not homosexuals would be included as a protected group: those wanting inclusion supporting such a law, and those not wanting inclusion opposing such a law. Consistent with identity politics theory, the data-supported model further found that both social and economic liberals, and people who thought hate crimes created fear in other members of the victim's group, wanted homosexuals included in hate crime laws. Other findings, however, were inconsistent with the identity politics theory position that this movement was a united front. Other results from the data-supported model are also discussed and explanations are provided.     

论保卫工作方针的演变与发展

我国保卫工作的方针跟进时代的发展,在不同社会政治经济条件下被制定出相应有效的内容。2004年12月生效的《企业 事业单位治安保卫工作条例》在新形势下以法律的形式确定了保卫工作的新方针:“预防为主,单位负责,突出重点,保障安全。单位 内部的治安保卫工作应当突出保护单位内人员的人身安全,单位不得以经济效益、财产安全或者其他任何借口忽视人身安全。”保卫 工作方针的演变反映了历史和现实的要求,也预示着其发展变化的规律。笔者认为保卫工作方针有其规律性和相对稳定性。保卫工 作的预防性、群众性、突出重点性是其一贯方针;保卫工作的人本化、职业化、专业化和信息化是其发展的必然方向。     

Laws of Inclusion and Exclusion: Nomos,Nationalism and the Other

This article explores how and why contemporary nationalist ‘defence leagues’ in Australia and the UK invoke fantasies of law. I argue these fantasies articulate with Carl Schmitt’s theory of ‘nomos’, which holds that law functions as a spatial order of reason that both produces and is produced by land qua the territory of the nation. To elucidate the ideological function of law for defence leagues, I outline a theory of law as it relates to (political) subjectivity. Drawing on the work of Foucault, Agamben and Brown, I demonstrate how subjects form and are formed by historically contingent relationships to law in the contemporary neo-liberal moment. Turning to Lacan, I show how nationalistic invocations of law provide nationalists with a fantasy that the nation’s law represents them and holds them together (as the nation itself). Similarly, I argue that nationalists imagine that the other has their own law as well, which not only corresponds to the other, but functions as a legible index of the other’s otherness—a metonym for the threatening uncertainty and radical difference that the other represents. Drawing on Lacan’s concept of the big Other, I ultimately argue that nationalists aggressively (re)assert law not only to defend the nation, but to ensure their own symbolic and ontological security therein.

     

我国政法教育的变迁与展望

政法教育形成于1950年代,基于巩固新生政权的需要,它为政法工作培养专门干部。与政法工作强调政治性一样,政法教育是强调政治性的法学教育,非常重视党的政治路线和组织纪律教育。改革开放后,法学教育日趋强调专业化、职业化。20世纪80年代,仍继续强调政治性。这与当时的社会治安形势及“严打”刑事政策有一定关系。1990年代以后,政治性在政法教育中日渐淡出,法学教育趋向服务市场经济的专业化。新时代的治国理政,在法治领域创造了一系列新实践,法治思维和法治方式运用深入政治领域,国家和社会治理广泛纳入全面依法治国范畴,涉外法治深度关联国际政治、国际关系。这些实践造就了强调政治性的大法治工作格局,对法学教育提出了新要求,催生了新政法教育。党内法规学、纪检监察学、国家安全学、社会治理法学等新学科应运而生,人权法学、知识产权法学等学科应需更新。新政法教育与专业化法学教育并行,扩展了法学教育的领地。     

Racist Offenders and the Politics of ‘Hate Crime’

In the UK and USA ‘Hate crime’ has become a topic of public controversy and social mobilization around issues of violence and harassment. This has largely but not exclusively addressed racism, homophobia and gender based violence. This article has three objectives. First, to situate hate crime legislation within a broad theory of modernity;secondly to examine the politics of its emergence as a public issue; thirdly to use data from the authors' recent research in Greater Manchester to illuminate the complexity of the concept of ‘hate crime’. The centrality of ‘hate crime’ to current debates derives from the importance of rights-based regulation of complex societies and the juridical management of emotional life. Hatred and violence have become problematic behaviour thrown into relief by a long term civilizing process. Hate crimes have thus acquired powerful rhetorical focus for mobilization of victim and identity politics. With reference to racist violence in Oldham and elsewhere in Greater Manchester, we argue that in its application and construction, however, ‘hate crime’ is a complex phenomenon that might dramatize rather than regulate the problems it seeks to address. This revised version was published online in July 2006 with corrections to the Cover Date.     

Quiescent Leviathan? Citizenship and National Security Measures in Late Modernity

The systematic study of political trials and national security measures tends to be associated with the old-fashioned genre of ‘state trials’. Although whiggish or critical reductionism has since tended to prevail, recent social historical work on protest movements, ideology, and rights struggles opens up fresh approaches. The current scholarly shift of attention away from the repressive powers of the state to plural sites of power, while representing an advance, also threatens to relegate the area to neglect. The modern renewal of national security measures can in fact be seen as part of a more complex deployment of law and linked to current debates around state formation, governmentality, and citizenship. As the late modern state is eroded from above by globalization, and from below by demands of identity politics and differentiated citizenship, will such repressive measures be revealed as an anachronism or continue as a final resource of the state in crisis?     

They watch for color: mixed-status couples experience with the police

This research qualitatively examines experiences with the police for 42 interracial mixed-status couples, living or originating mainly from the Southern United States. Race-based policing operates within a structure of racist nativism where white skin is a marker of U.S. citizenship, and brown skin is an indication of being foreign-born. Law enforcement at all levels, including the local level, situated their attention toward Latino immigrant men, especially those perceived as working-class, when compared to white U.S. citizen wives. The penalties for racial profiling included family strain through detention and deportation of Latin-American born men. In addition to human rights violations for undocumented Latino immigrants, U.S. citizens are serving as collateral damage in an already broken immigration system that racially profiles Latino immigrant men. Couples’ precariousness situations contest the rhetoric that police are only protecting citizens’ national security. Framed by racist nativism, the findings have implications for anti-oppressive, evidence-based immigration policy.     

Governmental Efforts on Homeland Security and Crime: Public Views and Opinions

This paper examines views of the respondents regarding homeland security and traditional crime in the United States. Using questions from the 2007 Penn State Poll, a sample of 862 Pennsylvanians participated through a telephone interview. Participants were questioned about their concerns regarding the effectiveness of homeland security, their fear of crime (white-collar, property, violent and terrorist attacks). The results revealed that citizens were satisfied with the effectiveness of homeland security since the September 11, 2001, attacks. The results indicate that fear of crime is different for demographics, and we were able to show that those that thought homeland security had been effective increased the likelihood of fear of white-collar crime. We were also able to show demographic differences for national spending on crime. In addition, we were able to show that those who believed that homeland security was effective did not believe that national spending was at the proper level for property, violent, or white-collar crime. The implications of these results are discussed.     

公众安全感指标体系的构建与评价方法研究——以社会治安秩序为视角

公众安全感是指居民对社会治安状况的主观感受和评价,它反映了公众对犯罪的恐惧程度,也成为衡量和谐社会建设的一个重要指标。建立了我国公众安全感的评价指标体系,包括四个层次和四个系统。并为该指标的理论分析提出了主成分分析和聚类分析相结合的评价方法。     

Quasi-National European Identity and European Democracy

Democracy may well be the primary virtue of political systems. Yet European politics is marked by a democracy deficit that will not disappear spontaneously. While legal and political theory on this issue is dominated by supporters of civic institutionalism and constitutional republicanism, liberal nationalists seem to be split. They justify the civic nationhood of member states, but they shrink away from the idea of a European people. This essay claims that a quasi-national conception of European identity can be conducive to the rise of a democratic political union of Europe. It discusses the mechanisms and rules for Europeanization of the sense of equal dignity and solidarity. This approach to supranational identity is explicitly instrumental and orientated towards the long run. However, the main liberal objections against it can be countered.     

Post-war fascism in the Netherlands

In practically all the countries of western Europe attempts were made, shortly after the ending of the Second World War, to inject new life into national socialism and fascism. This also happened in the Netherlands. Such efforts were being made in the face of severe restrictions since, after 1945, fascist and racist activists could expect to encounter considerably more resistance than they had done before 1940. Nevertheless, fascist and racist organizations have continued to crop up throughout the entire post-war period. The pursuit of fascist continuity in a post-war, anti-fascist climate evoked fierce opposition and sharp conflicts. These conflicts constituted a threat to extreme-right activists, for if such activists could be identified with fascism, they would be discredited and viewed as criminals. They were obliged to adapt to the new situation, but adaptive strategies carried a risk: disavowal of ideological principles. This dilemma has two boundaries: on the one hand the open conflict with the judiciary and, on the other, a vague and nebulous political profile. Both limitations could spell the end of the organization. This article has been concerned with the struggle between fascist and racist organizations and the outside world in the post-war decades. The course of the struggle has had a great deal of influence on the rise and fall of organizations and on the varied forms they have taken. Fascist organizations have to withstand the pressure from without in one way or another, but how? This is the big question which has formed a divisive element for decades now.     

宪法保留：对基本自由权利限制的限制原则

法律保留原则要求某些重要事项必须留给立法机关以法律的形式加以规定,目的是约束行政权,防止行政权滥用,并在客观上要求司法机关依法裁判;然而,宪政的本质特征之一是有限政府的理念,即使是立法机关的权力本身也应当是有限度的。实际上,宪政国家违宪审查制度的普遍确立正是主要基于对立法权滥用的矫正;而我国从依法治国到依宪治国思路的转变也在事实上承认了立法权本身存在滥用的可能。因此,从法律保留到宪法保留,是保障人民基本自由权的重要原则,这一原则立基于对多数决暴政的恐惧和对有限政府理念的信奉,它在一定程度上杜绝了宪法一手承认人民基本自由权利,而法律的另一手却又予以剥夺的弊病。     

THEY'RE NOT ALL “MY FAIR LADY”

This article examines debates about public culture from the late 1980s to the present and identifies thirteen arguments that have been used to justify an investment in public culture: public interest, national security, merit, moral worth, the good life, economic development, politics, education, democracy, American identity, shared symbols, diversity, and innovation. The article then asserts four positions: (1) public culture and democracy are mutually constitutive, (2) elite culture can be detrimental to democracy, (3) the deliberate pursuit of diversity is a democratic endeavor, and (4) culture can bridge social differences. The article closes with a discussion about whether any form of public culture has yet been achieved in America, drawing on the work of Tyler Cowen and Bill Ivey.     

警察高空训练恐惧心理的分析

恐惧是人类生来就具有,生活中经常会遇到的一种心理现象,是自我保护的一种本能反应。克服恐惧的最好办法就是直接面对危险,战胜恐惧,通过训练,给训练者制造危险环境,通过一些行为训练手段,让训练者增强勇气和自信心,培养勇敢的精神,克服恐惧心理,战胜自我。近几年来,高空心理行为训练在警察院校陆续开展起来,深受基层广大学员的欢迎。通过一系列的行为活动,达到心理教育和心理素质培养的目的。这种训练,既是技能的磨练,更是勇气和胆量的砺练。     

Nationalism in Russia

The articles in this issue examine the role played by nationalism in present-day Russian politics, focusing particularly on potential policy approaches to dealing with the various nationalist discourses that have gained in prominence in recent years.     

Trespass,impasse, collaboration: Doing research on women's rights in India

A developing tenet of feminism is the need to work collaboratively in order to avoid assumptions of universality and embrace differences between women. In this paper, Cossman and Kapur reflect upon their attempts to put this principle into practice in research on women's rights in India. They highlight ethical dilemmas raised by their project which forced them to problematize and challenge many of their initial assumptions about doing feminist research, particularly those of identity politics which give primacy to women's experiences as a claim to truth. The authors affirm the importance of identity and experience, but at the same time acknowledge the limitations of this affirmation for the development of effective methodological and political strategies. Osgoode Hall Law School What I feel is radical is trying to make coalitions with people who are different from you. I feel it is radical to be dealing with race and sex and class and sexual identity all at one time. I think that is really radical because it has never been done before.     

机动车损害赔偿归责原则之变动——基于“中国式过马路”行为展开

我国《道路交通安全法》对机动车一方、行人等交通参与者的安全注意义务都给予了明确规定.然而,“中国式过马路”行为模式的产生给该法律中规定的机动车损害赔偿归责原则带来了巨大挑战.为了体现法律的公平理念,机动车损害赔偿领域应构建无过错责任原则和过错责任原则并存的归责原则体系,即在机动车第三者责任强制保险的责任限额范围内实行无过错责任原则,在保险责任限额范围外采取过错责任.