Reflections on Punishment from a Global Perspective: An Exploration of Chehtman’s The Philosophical Foundations of Extraterritorial Punishment

In this review essay, I offer reflections on three themes. I begin by exploring Alejandro Chehtman’s expressed methodological commitments. I argue that his views move him closer to Lon Fuller and away from the thin accounts offered by HLA Hart and Joseph Raz. Moreover, to make sense of his views, he must offer a more normatively robust theory of law. Second, I turn to his use of Raz’s theory of authority. I argue that Chehtman fails to distinguish between Raz’s views and his own, but more importantly, I maintain that his discussion of Raz is superfluous: in the course of “unpacking” Raz’s views, he leads us back to his own core theses. Finally, I explore Chehtman’s ability to deal with perennial worries that plague any attempt to offer a justification for International Criminal Law in general, and the International Criminal Court in particular (i.e., “victor’s justice”, “show trials”, “peace vs. justice”). I argue that unless Chehtman is able to demonstrate that the enforcement of International Criminal Law is able to impart dignity and security on the most vulnerable, his account will be significantly weakened.     

A Life-Course Perspective on Incarcerated Women’s Views on Adulthood

Drawing on 35 in-depth interviews with incarcerated women, supplemented by mail correspondence with a sub-sample of these women, I explore how the participants interpret their early life-course experiences when reflecting on their transition to adulthood and, subsequently, their views on adult roles and responsibilities. The women’s narratives indicate that early experiences with trauma, along with premature entries into adult roles, result in a disorganized transition to adulthood. The findings also suggest that the women’s accelerated transitions to adulthood shape their views on adult roles, pointing to a need to incorporate discussions of age-normative timetables in efforts to assist at-risk and incarcerated women.     

Children’s voices on equal time-sharing arrangement following parents’ divorce

The article presents the final part of an Icelandic research project on parents and children of divorce, focusing on grown-up children’s experiences of equal time-sharing arrangements, ETSA, after their parents’ divorce. It consists of a quantitative analysis of firstly a nationally representative sample mapping the frequency and experience of 18–59 years old individuals of ETSA after parents’ divorce, and secondly a qualitative analysis of 16 long interviews with 16 children of divorce reflecting on their experiences. Both analyses indicate different experiences of this type of arrangement. The reality of the arrangement in practice is that parents chose the arrangement on the basis of their own preferences rather than a court imposing it or because the generally accepted core conditions for a positive outcome for children were in place. These negative experiences of ETSA are discussed in further detail and the need for law reform and service improvement is considered.     

Law representing life — Reflections on Darwinian jurisprudence

A living organism is a model of the world in which it lives ... if you present an animal's body, even a new species previously unknown to science, to a knowledgeable zoologist, she should be able to read its body and tell you what kind of environment it inhabited: desert, rain forest, arctic tundra, temperate woodland or coral reef. She should be able to tell you, by reading its teeth and its guts, what it fed on. Flat, millstone teeth indicate that it was a herbivore; sharp, shearing teeth that it was a carnivore. Long intestines with complicated blind alleys indicate that it was a herbivore; short, simple guts suggest a carnivore. By reading the animal's feet, and its eyes and other sense organs, the zoologist should be able to tell how it found its food. By reading its stripes or flashes, its horns, antlers or crests, she should be able to tell something about its social and sex life.¹ My thanks to Bobbi Low who put me on to the step-parenting material, and Richard Dawkins who put me right on the science.     

An empirical approach on regulating China’s pension investment

A prerequisite for preserving and increasing the value of pension funds is to make an appropriate investment with them; for this purpose most countries have issued regulation to guide the pension investment. After conducting an empirical analysis of different investment portfolios, e.g. Bank deposit, Treasury bond, and Equity in China, this paper reaches the following conclusions. Observing the strict limitation on quantity, the public equity ratio in portfolios of pension funds should be controlled below 20 %. To alleviate the “Home Bias” in investment, as well as to avoid the systematic risks intrinsic of the investing within a single country as China, some part of pension funds investment should be allowed to be invested into overseas markets. The constraints on public equity investment may be liberalized and the prudential person rule of pension investment in Common Law could be imported into pension legislation amendments when the Chinese stock market and legal system is more developed and going mature.     

Reflections on the sociology of law: A rejection of law as ‘socially marginal’

Rejecting the concept of law as subservient to social pathology, the principle aim of this article is to locate law as a critical matter of social structure – and power – which requires to be considered as a central element in the construction of society and social institutions. As such, this article contends that wider jurisprudential notions such as legal procedure and procedural justice, and juridical power and discretion are cogent, robust normative social concerns (as much as they are legal concerns) that positively require consideration and representation in the empirical study of sociological phenomena. Reflecting upon scholarship and research evidence on legal procedure and decision-making, the article attempts to elucidate the inter-relationship between power, ‘the social’, and the operation of law. It concludes that law is not ‘socially marginal’ but socially, totally central.     

John Vincent’s Reading at Gray’s Inn, 1668/9, on the Merchants’ Assurances Act 1601

In Lent Term 1668/9, John Vincent, a bencher of Gray’s Inn, gave a reading on the Merchants’ Assurances Act 1601 (43 Eliz. I, c.12). The notes of the law reporter, Joseph Keble, record this observance of the centuries-old tradition of readings, which was destined to expire within the next two decades. This paper situates Vincent’s reading within the changing tradition of readings in the seventeenth century. It highlights the role readings continued to play in disseminating sophisticated legal learning, particularly in relation to newer areas of practice such as marine insurance, which were largely uninformed by statute, common law precedent or reference works, and would have been difficult to master through book-study alone. It examines a selection of issues discussed during the reading, focussing on legal outcomes grounded in the ‘customs’, usages, practices and understandings of merchants, and illustrating how these were perceived as exceptional by comparison to the ordinary rules of the common law. The nature and jurisdiction of London’s court of assurances, reconstituted and empowered by the 1601 Act, are also discussed. More generally, this paper demonstrates the value of post-Restoration readings for historians of English law in the late seventeenth century.     

Reflections on Mortgage Keynesianism: Applying Prasad’s (2012) Abundance and the Paradox of Poverty in the United States to Contemporary China

Social Justice Research -     

Coase’s world and Coase’s blackboard

In this contribution I focus on a particular characteristic of Ronald Coase’s work, as exhibited in “The Problem of Social Cost”: his ability to force upon his audience a clearer grasp of reality than they previously held. More specifically, I aim to consider to what extent the “blackboard economics” that Coase himself derided have been avoided in a Coasean world, taking that expression to refer in some sense to a world where Coasean insights can flourish, and as such to be a world not simply of Coase’s own making but a world that has been developed by others in applying the Coase Theorem. My strategy is to interrogate the nature of a Coasean world through developing a framework that can look more closely at different approaches to theoretical modelling, the different worlds involved in these models, and the different positive and normative applications that can be derived from them. I shall further consider whether the understanding of the law that inhabits a Coasean world reflects a “real-world” legal environment. Finally, I shall seek to assess the impact of Coase’s work on our understanding of the relationship between law and economics, in our world.     

Kentuckian’s Attitudes on Capital Punishment, 1989–2016

Citizens’ attitudes toward the death penalty have been effected by the availability of life without parole (LWOP). Our analysis focuses upon data from a representative sample of Kentuckians on death penalty attitudes. The factors influencing and related to death penalty support and compared to support for LWOP are considered along with a review of Kentucky survey findings from 1989–2016. The results reveal consistent support for LWOP over the death penalty. Male Kentucky residents with a college education were most likely to support life without parole over capital punishment while male conservatives did not.     

Economic Crime and Casinos: China’s Wager on Macau

Notwithstanding the results of some empirical studies, casinos and gambling are widely considered to be breeding grounds for a range of deviant behavior and criminal offenses. As one writer expressed it, “the world of gambling offers a portfolio of anonymous expenditure” which allows for money laundering and other illegal activities associated with the legal operation of casinos. This paper examines economic and white-collar criminal activities and case histories of offenses related to Macau’s growing casino industry, now the highest revenue generating in the world. A Portuguese colony from 1557 until 1999 when it was returned to China, Macau is a Special Administrative Region (SAR) with its own governing officials operating under the PRC maxim of “one country, two systems.” The dramatic recent growth of the casino industry in Macau offers a unique opportunity to examine issues of economic crime and law enforcement within the context of the People’s Republic of China’s recently acquired political and economic stewardship in this SAR. The paper documents white-collar and organized crimes that present new challenges and risks to China now that Macau has become an international marquee.     

Effect of China’s rise on East Asian economic integration

This article discusses the effect of China’s economic rise on East Asian economic integration and concludes that the emergence of China as an increasingly important economic power has made a great contribution to Asian economic integration mainly through four channels: being a main importer and FDI destination country for most Asian countries under the processing export pattern; the renminbi’s more active image in the regional currency cooperation and its potential role as one of the core regional currencies in the future; playing a more important role in the regional political affairs and having an increasing potential to be part of the political core power (together with Japan); the demonstration and stimulative effects made by the motion of the FTA between China and ASEAN.

Introduction to Special Issue on Seana Shiffrin’s Speech Matters

Law and Philosophy -     

Impact of Intimate Partner Violence on Women’s Mental Health

This study aimed to explore the mental health needs of women residing in domestic violence shelters; more specifically, we aimed to identify commonalities and differences among their mental health needs. For this purpose, qualitative and quantitative data was collected from 35 women from a Midwestern domestic violence shelter. Hierarchical clustering was applied to quantitative data, and the analysis indicated a three-cluster solution. Data from the qualitative analysis also supported the differentiation of women into three distinct groups, which were interpreted as: (A) ready to change, (B) focused on negative symptoms, and (C) focused on feelings of guilt and self-blame.     

Henry Manne’s subtle but important influences on environmental law

Henry Manne had little to say about environmental law and policy. Yet he had a significant impact on the approach that others took to those topics. These indirect influences on environmental law and policy were threefold. His creation at George Mason University of a highly successful, specialized, law school curriculum demonstrated that law schools could not only survive, but thrive with a subject-matter or methodological focus. His central role in introducing economics to the law school curriculum had a significant and lasting impact on legal education in general and environmental law in particular. And his study and advocacy of markets as effective institutions for the allocation of scarce resources has contributed to the development of environmental law and policy, notwithstanding a predisposition among environmentalists and government officials for a command and control approach.     

Improving Children’s Interviewing Methods? The Effects of Drawing and Practice on Children’s Memories for an Event

In the present experiment, we were interested in the effects of drawings and practice on children’s memory performance. Younger (6/7-year-olds; n = 37) and older (11/12-year-olds; n = 44) children were presented with two videos that differed in complexity. Half of the children had to practice recalling an experienced event (i.e., last holiday) before remembering the two videos. The other half was not presented with such practice. Then, all children had to tell what they could still recollect about the first video. For the second video, all children were allowed to draw and tell during the recollection of the event. As expected, we found that for the complex video, making a drawing increased the completeness of children’s statements, but also reduced the accuracy of their statements. Although we found that including practice reduced the completeness of statements, it did not negatively impact the accuracy of children’s memory reports. Taken together, our results imply that interviewers should be cautious in using drawings as an interviewing method as it might elevate the production of incorrect information.     

Beyond the European void? Reflections on Peter Mair's legacy

Peter Mair was one of the world's leading scholars of party politics. Though he wrote at some length about the European Union, there has been no systematic exploration of the implications of his comparative work on political parties for European integration. His writings on the EU have generally been studied in isolation from his wider oeuvre, with the result that we have missed the important analytical and logical connections between Mair's work on parties and his writings on the EU. This article argues that Mair's path‐breaking middle‐range theoretical and empirical work on the decline of party democracy can form the basis of a radical reappraisal of the project of ‘ever closer union’. The article studies Mair's arguments against the backdrop of more recent empirical evidence and evaluates the normative implications of his work for the future of the European project.