The ‘good’, the ‘bad’ and the ‘Charlie’: the business of cocaine smuggling in Greece

This article examines the social organisation of cocaine smuggling in Greece. Emphasis is placed on the involvement of professionals from the shipping industry and actors from the ‘upper society echelons’ who play a pivotal role in the transportation and importation of cocaine to Western Europe and Greece. After considering empirical evidence from a variety of sources, our findings indicate that the cocaine market in Greece is ‘organised’ by a system of collaborative relationships between state, business and civil society actors. It is suggested that to better understand the nature of this illegal market, further research is required to take a closer look into the economic, socio-cultural and political incentives of these actors.     

‘Narcoballads’: The Psychology and Recruitment Process of the ‘Narco’

There have been several studies conducted about racist groups, gangs, cults, terrorist and other criminal organisations, but very little has been written about the psychology and recruitment process of the ‘narcotrafficker’. This is because like most criminal organisations, they tend to be secretive and difficult to penetrate by law enforcement, academics and others who wish to study them. Using an audio‐recorded content analysis of ‘narcocorridos’ — ballads glorifying the activities of the ‘narcos’ and describing their successes' — as well as Social Identity and Group theories, the author describes some of the techniques used to recruit individuals into drug cartels; the labels, stereotypes and images of the in-group versus the out-group and the similarities in the socialisation and recruitment process of other criminal organisations. This study shows the recruitment of individuals into drug cartels follow similar patterns to other criminal organisations including the need for power, belonging, respect, security and pride.     

A Review of “Setting the Standard: Certification,Governance, and the Forest Stewardship Council”

Abstract

As the United Nations Convention on the Law of the Sea (UNCLOS) establishes itself as one of the premier regimes in international law, member states are increasingly availing themselves of the significant dispute settlement provisions found in Part XV. The International Tribunal for the Law of the Sea (ITLOS) is beginning to take its place in the pantheon of major international tribunals. Although its jurisprudence thus far has largely consisted of applications for prompt release of vessels, these cases have arisen from disagreements over fishery practices and the enforcement of fishery laws by coastal states. The ITLOS is developing into a transparent, consistent and speedy forum to adjudicate marine disputes arising from UNCLOS. While the overall scope and reach of Part XV may be uncertain at the present time, especially vis‐à‐vis other dispute settlement institutions, the early activity under Part XV is promising. Those concerned with marine wildlife issues should be encouraged by the potential of Part XV, the ITLOS in particular, to serve as an effective regime in the realm of marine wildlife dispute settlement.     

Mandatory Full-Cost Pricing in Public Services: The Case of the ‘Fantask’ Sentence

The sentence issued by the Court of Justice in the Fantask Case defined what sort of policies can be adopted by the Member States in connection with the fees for company registration without contravening the stipulations of Community legislation on raising capital. This article analyses how to set prices that comply with the sentence and at the same time generate efficient incentives. It first reviews to what extent the sentence meets the aims on which it is based. Second, it provides a guide for subsequent development of related jurisprudence. Third, it throws some light on how public authorities can set pricing policies.     

The Consequences of Social Inequality for the Health and Development of India’s Children: The Case of Caste,Sanitation, and Child Height

Social Justice Research - The links among social inequality, economic inequality, and health have long been of interest to social scientists, but causal links are difficult to investigate...     

‘The Enemy of God and His Church’: James Hobart,Praemunire, and the Clergy of Norwich Diocese

Praemunire was the offence of undermining royal authority. Despite its antipapal origins, by 1500 praemunire was being used to inhibit the exercise of ecclesiastical jurisdiction within England. Notorious from 1529 as a royal instrument for intimidating the clergy, praemunire was already contentious at the beginning of the sixteenth century. Historians of the common law have identified a growing number of praemunire cases in these years; at the same time, ecclesiastical historians have detected a decline in the business of most church courts. A causal relationship has often been assumed, but not examined in the manner attempted here. A spate of praemunire cases within his diocese provoked from Bishop Nykke of Norwich a famous letter of complaint, in which he censured the attorney-general Sir James Hobart. This article examines the praemunire cases to which Nykke referred and also Hobart's role in promoting them. The interaction between church and common law courts and between their personnel and litigants is explored. New light is shed on relations between leading churchmen and common lawyers and also on the Crown's attitude to praemunire. The evidence presented deepens our understanding of the decline of ecclesiastical jurisdiction in this period.     

The threat of ‘woolly-haired grandchildren’: Race,the colonial family and German nationalism

The German colonial world was marked by an ostensibly self-evident boundary between the white ruler and the black ruled that situated Europeans and indigenous peoples as diametrically opposed and socially discrete. This situation, however, was problematised by the gendered and sexualised interactions between European and indigenous society. The result was often a slippage between the administrative attempts to create recognisably ‘German’ families (perceived in racial terms), and the antinomian realities of human relationships that transgressed racial lines. This in turn gave rise to reproductive anxieties in the face of a new liminal population of ‘half-castes’ (Mischlinge) that refused the white–black, master–slave dialectic of the colonial ideal. Many historians have recently attempted to link the troubled history of race relations in German Southwest Africa to the later history of Nazi anti-Semitism and genocide, by focusing on the apparent continuities between the Holocaust and the Herero–Nama wars. However, an alternative genealogy for the Holocaust that refutes this genocidal continuity thesis is possible through an investigation of the origins and contents of the debates about the nature of the German colonial family and its relationship to German citizenship between 1904 and 1914.     

The threat of ‘woolly-haired grandchildren’: Race,the colonial family and German nationalism

The German colonial world was marked by an ostensibly self-evident boundary between the white ruler and the black ruled that situated Europeans and indigenous peoples as diametrically opposed and socially discrete. This situation, however, was problematised by the gendered and sexualised interactions between European and indigenous society. The result was often a slippage between the administrative attempts to create recognisably ‘German’ families (perceived in racial terms), and the antinomian realities of human relationships that transgressed racial lines. This in turn gave rise to reproductive anxieties in the face of a new liminal population of ‘half-castes’ (Mischlinge) that refused the white–black, master–slave dialectic of the colonial ideal. Many historians have recently attempted to link the troubled history of race relations in German Southwest Africa to the later history of Nazi anti-Semitism and genocide, by focusing on the apparent continuities between the Holocaust and the Herero–Nama wars. However, an alternative genealogy for the Holocaust that refutes this genocidal continuity thesis is possible through an investigation of the origins and contents of the debates about the nature of the German colonial family and its relationship to German citizenship between 1904 and 1914.     

The good,the bad,and the ‘vulnerable older adult’

Recent declarations by the Court of Appeal indicate that the inherent jurisdiction has survived the implementation of the Mental Capacity Act 2005 for adults considered ‘vulnerable’ and whose decision-making is threatened by reasons other than mental impairment – such occasions may include instances of elder abuse. In this paper I argue, however, that the post-Mental Capacity Act courts have adopted a confused and outmoded concept of the vulnerable older adult, in particular where decision-making is threatened by abusive interpersonal relationships experienced by an older individual. This has particular implications in terms of the types of remedies imposed by the courts on older adults in such circumstances. In this article I suggest that by being more cognisant of recent more nuanced understandings of vulnerability, the courts may be better suited to identifying, and responding to perceived sources of vulnerability in a way that is more empowering for the older adult.     

The ‘Strasbourg Effect’ on data protection in light of the ‘Brussels Effect’: Logic,mechanics and prospects

This article considers various factors that will shape the potential effect of the Council of Europe's modernised Convention on data protection (Convention 108+) on non-European states’ regulatory policy. It does so by elucidating the logic and mechanics of this effect in light of the ‘Brussels Effect’ that is commonly attributed, in part, to EU data protection law. The central arguments advanced in the article are that the impact of Convention 108+ beyond Europe will rest primarily on the Council of Europe's ideational power tempered by processes of acculturation, and secondarily on the degree to which the EU is willing to use the ‘Brussels Effect’ as a vehicle for promoting non-European states’ accession to the Convention.     

The NHS Information Revolution: ‘Choice of Control’ to ‘Choice’ and ‘Control’

This paper provides a novel and critical analysis of the necessary and important balance between ‘individual privacy’ and ‘collective transparency’. We suggest that the onset of the Information Revolution has created a dilemma for the National Health Service (NHS) in terms of how it addresses its obligation to use information to improve best practice in healthcare for society (‘collective transparency’) whilst also keeping sensitive personal information confidential (‘individual privacy’). There is clearly a need to consider both whether the NHS is balancing this critically important informational relationship and whether its approach is fit for purpose. We argue that the NHS's ‘proxy-individual’ information guardian role could inadvertently mask individuals' intended roles, effectively circumventing autonomy-based laws by limiting the power of individuals to be autonomous. In this article we have identified three issues – first the prevailing ‘Mindset’ (the ‘M’) of ‘privacy’, which is viewed as individualistic, resulting in an overpowering concept of confidentiality; second, the quality and control of Information (the first ‘I’); and third, the concept of innovation (the second ‘i’), which is being used as a ‘solution’ rather than a vehicle for transparency. Indeed, transparency is our target of ‘best practice,’ and we suggest that individual privacy and collective transparency are best embedded within a complementary privacy framework that offers a better fit than the current split of control between the roles of the NHS and the roles of the individual. It is suggested that when facilitated by transparency, ‘control’ and ‘privacy’ form a continuum, aligning through the desire for choice. Therefore, the choice of control could facilitate control and choice. Together, they could replace the concept of privacy by empowering ‘informed patients’ to support the NHS's ‘No decision about me, without me’ pledge.     

Lay Victims’ Conceptions of Environmental Crime and Environmental Injustice: The Case of the Chem-Dyne Superfund Site

Social Justice Research - This project explores lay victims’ conceptions of environmental crime and environmental injustice through in-depth interviews with a snowball sample of people...     

Me,myself and I: the sociology of policing male rape,the gaze of the ‘Other’

In this paper, the bodies of male rape victims as the ‘other’ are problematized. The social and cultural constructions of male rape within a policing context are examined since the police play a major role in impeding the progress of male rape cases. The author draws on police data, generated from interviews and qualitative questionnaires with the police, to illustrate the problems with policing male rape in England, UK. While the author provides empirical data, sociological, cultural, and post-structural theoretical frameworks largely inform it. It is argued that the bodies of male rape victims are positioned in inferior positions, whereby their bodies are metaphorically and symbolically marked as ‘abnormal’, ‘deviant’, and the ‘other’. Through social and power relations, their bodies are tainted, which reinforces gender and social norms.     

The functional nature of police reform: The ‘myth’ of controlling the police

For at least fifty years, major movements attempted to reform police and their institutions through professionalization, policy making, and administrative decentralization. One major goal of these efforts was to subordinate street officer discretion to bureaucratic due process. Some recent evidence suggests that such reforms produced primarily the appearance of change without fundamentally altering the status quo. An alternative hypothesis is proposed: Reformers ignored the functional nature of the police role as community-based, extra-constitutional in peacekeeping situations, and reflective of the values related to the maintenance of order.

It may be that liberal society solves the anomaly of the police function by fostering the myth that police are subordinate to due process constraints, while leaving them relatively free in a practical sense to respond to the need for order maintenance and peacekeeping. Effective handling of disorder may require police autonomy, while attempting to subordinate them to bureaucratic control may impair this ability. Police accountability in liberal society, as well as the many reforms designed to achieve it, remains problematic, especially in light of a recent important study suggesting the possibility that police effectiveness against community disorder may be a casualty of many of these reforms.     

Legal Imaginaries and the Anthropocene: ‘Of’ and ‘For’

Law and Critique - This reflection contrasts the dominant imaginary underlying ‘law of the Anthropocene’ with an imaginary reaching towards ‘law/s for the Anthropocene’. It...     

‘Disband,Disempower, and Disarm’: Amplifying the Theory and Practice of Police Abolition

Critical criminologists have challenged the utility of efforts to reform the criminal justice system for decades, including strong calls to abolish the prison system. More recently, the rebellions in Ferguson, Baltimore, Milwaukee, and Charlotte have made racialized police violence and police reform issues of national concern. In this article, we examine abolitionist claims aimed at law enforcement institutions in the aftermath of Ferguson and other subsequent rebellions. We consider the implications for abolitionist organizing when the institution of law enforcement, rather than prisons, becomes the explicit target of our movement(s). How are groups theorizing and practicing police abolition and how does this align with, challenge, or expand past conceptualizations of abolition? To answer this question, first we sketch the broad parameters of abolitionist thought, particularly as it is taken up in the disciplines of political theory and criminology. Second, we analyze an emergent praxis of police abolition that revolves around the call to disband, disempower, and disarm law enforcement institutions. We argue that by attacking the police as an institution, by challenging its very right to exist, the contemporary abolitionist movement contains the potential to radically transform society. In this spirit, we amplify abolitionist praxis that (1) aims directly at the police as an institution, (2) seeks to dismantle the racial capitalist order, (3) adopts uncompromising positions that resist liberal attempts at co-optation, incorporation, and/or reconciliation, and (4) creates alterative democratic spaces that directly challenge the legitimacy of the police.     

Criminal Law, the Victim and Community: The Shades of ‘We’ and the Conceptual Involvement of Community in Contemporary Criminal Law Theory

The article addresses the argument, put forward by Lernestedt, that the proprietor of the ‘criminal-law conflict’ is the community (or the community and the offender) and discusses his proposed theoretical model of criminal law trial. I raise questions regarding the legitimacy of such a model, focusing on four counts. Firstly, I assert that his assumptions about the state the individual and the old/new versions of criminal law theory are society-dependent. Secondly, I address some problems with the concept of community and particularly with the proposed conception of community, which seems to mostly exclude the offender. Thirdly, I question the need for (or added value of) such a proposed conceptual involvement of the community as an actor in the criminal law process and theory. Lastly, some potential problems with the idea of the victim as a mere “representative of us” are mentioned, including the possibly undesirable demands and limitations on the victim’s agency and issues of respect for the victim’s individuality.