Cut from the Same Cloth? A Comparative Study of Domestic Extremists and Gang Members in the United States

Despite calls for research on the similarities and differences between violent extremist groups and criminal street gangs, there have been few empirical comparisons. We develop a comparative model that emphasizes explicit, spurious, and indirect linkages between the two groups and use national sources of data on domestic extremists and gang members—the Profiles of Individual Radicalization in the United States (PIRUS) and the National Longitudinal Survey of Youth 1997 (NLSY97)—to compare them across group involvement, demographic, family, religion, and socioeconomic status characteristics. Six percent of domestic extremists in PIRUS have a history of gang ties, which constitutes a minimal proportion of domestic extremists and is likely the rare exception among the population of gang members. Gang extremists more closely resemble non-gang extremists in PIRUS than they do gang members in the NLSY97. While these groups have some similarities, one of the major differences is that gang members are younger than domestic extremists. This likely contributes to many of the other differences between the groups across the life course, including marriage, parenthood, unemployment, and education. Given that the evidence is most consistent with the independence model, further comparative testing is needed before generalizing gang-related policies and programs to domestic extremism.     

What's the Use of a Hashtag? A Case Study

Although there are now sophisticated techniques for the analysis of social media, socio‐legal studies has yet to draw on them fully. In this article, we demonstrate how Twitter can produce insights about protest, law, and legality, through a case study of protests against the ‘bedroom tax’. The first involved challenging a policy in the courts using a test case or cases. We discuss the litigation strategies and the mess they created and counterpose those strategies with those of four prolific ‘tweeps’ who participated in our study. We argue that, despite the small number of participants, these people have, in their own way, been enormously influential and made things happen. Our position is not evaluative of the different strategies – but, rather, one that recognizes that legality is mobilized in different ways.     

A Cosmopolitan Philosophy of International Law? A Realist Approach

Analyzing different works and in particular Habermas' reflection on Kant, the author reconstructs, first, his approach to international law and his political and legal cosmopolitanism. Second, he presents some critical observations on Habermas' cosmopolitanism in the context of his more general discursive theory of law and state. In this perspective, he discusses the problems of peace and of the role of the United Nations, the strategy of protection of human rights, and the question of world citizenship. He argues that Habermas' cosmopolitanism is a radicalization of Kantian tradition based on a centralization of international power and a cosmopolitan law. Finally, he develops realist arguments in favour of a non-globalistic conception of international law. 1 Abstract by Giorgio Bongiovanni.
     

Etienne Laspeyres' History of the Economic Thought of the Netherlanders: A Law & Economics Classic?

Etienne Laspeyres (1834–1913) is today best known for the price index number formula named after him, but arguably his main contribution to economic literature is his Geschichte der Volkswirthschaftlichen Anschauungen der Niederländer und ihrer Litteratur zur Zeit der Republik (1863). This sketch sets out to consider whether this work, the contents of which will be briefly outlined and placed into context, can be considered a Law & Economics classic, in the sense of the biographical part of the Elgar Companion to Law and Economics (1999), as well. While interesting in its own right, the discussion of this question also serves as an inroad into the discussion of exactly what type of combination of law and economics is necessary to be considered part of Law & Economics as a specific mode of scholarly inquiry.     

Why Criminal Law: A Question of Content?

I take it as obvious that attempts to justify the criminal law must be sensitive to matters of criminalization—to what conduct is proscribed or permitted. I discuss three additional matters that should be addressed in order to justify the criminal law. First, we must have a rough idea of what degree of deviation is tolerable between the set of criminal laws we ought to have and the set we really have. Second, we need information about how the criminal law at any given time and place is administered, since the law in action is bound to differ radically from the law on the books. Finally, we must have some basis for speculating what life would be like in the absence of a system of criminal justice—if the state ceased to impose punishments.

What Kind of Joblessness Affects Crime? A National Case–Control Study of Serious Property Crime

Objective

To assess whether joblessness affects the commission of serious property crime.

Methods

We studied serious property crime, applying a case–control design to nationally representative samples of (a) known serious property crime offenders and (b) nonoffenders. This was done by comparing a national sample of prison inmates convicted of robbery or burglary (the “cases”) with a general sample of the U.S. adult population (the “controls”). In contrast to prior individual-level research, the study sample included substantial numbers of serious offenders, and provided a formal basis for generalizing the findings to the U.S. adult population. We differentiated five labor force statuses: (1) unemployed (according to the official government definition), (2) underemployed, (3) out of the labor force for widely socially accepted reasons (OLFL), (4) out of the labor force for reasons not widely accepted (OLFN), and (5) fully employed.

Results

We found that when these distinctions are made, people are not more likely to engage in burglary or robbery when they are either completely unemployed or underemployed according to the official definitions. Instead, it is being out of the labor force for reasons not widely accepted as legitimate that is significantly and positively related to serious property offending.

Conclusions

The results suggest that offending among jobless persons may reflect preexisting differences in criminal propensity among those who stay out of the labor force, rather than effects of joblessness per se. Part-time work is associated with significantly less property crime, perhaps because the willingness to accept even part-time jobs serves as an indicator of commitment to pro-social attitudes.

     

Hybrid Texts and Uniform Law? The Multilingual Case Law of the Court of Justice of the European Union

The case law of the Court of Justice of the European Union (ECJ) is shaped by the language in which it is drafted—i.e. French. However, because French is rarely the mother tongue of those drafting that case law, the texts produced are often stilted and awkward. In addition, those drafting such case law are constrained in their use of language and style of writing (owing to pressures of technology and in order to reinforce the rule of law). These factors have led to the development of a ‘Court French’ which necessarily shapes the case law produced and has implications for its development, particularly insofar as it inevitably leads to a type of precedent in that case law. That case law also undergoes many permutations of translation into and out of up to 23 different languages. The resultant texts that make up the case law are hybrid in nature—consisting of a blend of cultural and linguistic patterns, constrained by a rigid formulistic drafting style and put through many permutations of translation. The present paper investigates the production of the Court’s multilingual case law and considers whether the hybrid nature of that case law can actually aid the presentation (and thus the development) of a ‘uniform’ EU case law.     

The Advent of Preventive Criminal Law: An Erosion of the Traditional Criminal Law?

Criminal law in contemporary societies is undergoing a transformation or according to some, even a paradigm shift. The reach of criminal law is now extended to terrains that were hitherto immune to criminalization. These new forms of criminalization. in post-heroic risk societies are targeting conduct well before it causes a harm. The prime examples of this preventive criminalization. are pre-inchoate offences, crimes of possession of “innocent” objects and crimes of abstract endangerment. The common trait of these offences is that they enable the so-called preponing criminal liability (Vorverlagerung), through which the earliest of preparatory acts, neutral, everyday activities such as merely standing around or merely possessing may well fall within the reach of criminal law. This phenomenon is now taking place virtually everywhere considered by many as an erosion of the traditional post-enlightenment criminal law model. Yet, proponents of the preventive criminal law are suggesting that such laws are needed in order to avert risks (terrorist attacks, for instance) while they are at preparation phase. There is, therefore, a tension between the traditional criminal law and new security interests that pose new questions which need to be addressed by a meticulous analysis. In this article I shall try to deal with following questions: Whether these preventive offences are inherently incompatible with the rule of law? How far a law-abiding nation can go in criminalizing preparatory acts? Are there any promising constraining constitutional principles or instances that delimit preventive criminalization?     

Beyond the Law?: The Justice of Deconstruction

This paper offers a close reading of Derridas essay Force of Law that emphasises the twin strengths of a deconstructive approach to questions of law and justice -- textual analysis and political context. Derridas interest is in limit or test cases, and so he engages with the fraying edges of the law, its borders, the frontiers that are most heavily policed because they are most fragile, for example capital punishment, genocide, general strikes and terrorism. Derrida undertakes an exploration of violence through a reinterpretation of Walter Benjamins Critique of Violence. At the heart of Derridas difficult argument is a demand for justice that goes beyond the cataloguing of specific injustices, and beyond the terms of Benjamins critique. The utopian impulse that underpins Force of Law is carried over into Specters of Marx, Derridas recent explicit grappling with the legacy of Marxism. The links between these two texts by Derrida implies a sustained politics of radical commitment on the part of deconstruction, a commitment to future forms of legality and egalitarianism, a theory of justice posited upon prescience rather than precedent.     

Recodifying the Law: A Metalinguistic Inquiry into the Recodification of Belgian Law Between 2014–2019

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Legal scholars attribute a great deal of importance to the linguistic dimension behind...     

The Animal: A Subject of Law? A Reflection on Aspects of the Austrian and German Juridical Systems

In recent years there has been a marked increase in interest in animal welfare issues worldwide. This subject often evokes extreme points of view, and can be both intellectually challenging and emotionally dividing. It is undeniably a field where substantial progress has taken place, with a multitude of countries worldwide implementing their own animal welfare and protection laws. However, calls continue to be voiced for more extensive and courageous measures to be taken concerning both the content and the enforcement of animal welfare legislation. To highlight a variety of these promising and noteworthy ideas this article outlines and examines some selected and qualified aspects of a potential juridical approach to the subject by consulting the legal systems of Austria and Germany under this particular premise. The aim will be to ascertain the extent to which animals have been granted consideration and protection, for instance in spheres of Constitutional or Civil Law. What options exist to safeguard an animal by a legally founded and secured position, and on which rank in the legal system could such provisions possibly be established? Ideally, a complete legal network on all possible levels of the legal system should be developed, ensuring a comprehensive and an all-embracing protection of the individual animal.     

Corporate Groups under Italian Law: A Comparative Approach and the Brand-New “Crisis Code”

This paper provides an overview of the evolution of the harmonization process of European law in the field of group of companies, referring to the development of a national “group of companies law” — from the company law reform to the crisis and insolvency code — with the purpose of examining the main aspects of the regulation in force, considering mainly the possible interaction with the rules on the crisis of the groups of companies introduced by the Legislative Decree No. 14/2019, and with the aim of analyzing its suitability for being devoted to the prospect of harmonization across countries.     

A Comparative Study of Children and Adult Homicide Rates in the USA and the Major Western Countries 1974–1999: Grounds for Concern?

The aim of this study is to examine the changing patterns of child homicide in the USA and the other 9 major Western countries between 1974 and 1999. On the basis of standardized WHO mortality data, 5-year mean rates of Baby (<1 year), Infant (1–4), Child (5–14), and General Population Rates for Homicide (GPRH) were analyzed for 1974–78 and 1995–99 for the USA and major Western countries. The analysis provided ratios of change for children's homicide between 1974 and 1999 and ratio of ratios between adult' and children's homicide. Over the period USA male Baby homicide rose by 78% and Females 44% with a combined rise in All Children [0–14] homicides of 45%, within the context of a declining adult GPRH. In the 1970s, 3 major Western countries had either higher or similar children's homicide rates to the USA, but by the late 1990s none did. Moreover, between 1974 and 1999, the USA had the biggest rise in Baby (<1) and All Children's deaths, and only France had substantial increases, whereas Baby homicide rates fell significantly in 6 other countries. The findings indicate a worrying deterioration in U.S. child homicides. Possible links with child abuse and explanations for the results are briefly discussed. Urgent case-specific research is required to determine the cause/s for and how to reverse the worsening child homicide situation in the USA.