塞林文化冲突理论的分析与适用——以广州城中村农民工犯罪为视角

文化冲突论是美国著名犯罪学家塞林最具代表性之学术贡献,而广州市城中村外来农民工犯罪现象则为塞林文化冲突理论的分析与适用提供了一个极好的研究样本。拓展眼光,坚持运用多种视角整合性观测评价犯罪原因,将有助于使犯罪学理论达致即深刻又全面的理想性综合发展形态。     

Resisting ‘progressive’ carceral expansion: lessons for abolitionists from anti-colonial resistance

This article documents a government-led strategy to more closely integrate policing with community-based ‘crime prevention’ programming in the city of Winnipeg, Manitoba, Canada. These initiatives have targeted neighborhoods with large Indigenous populations. In this article I illustrate how community-level conflicts over responses to ‘crime’ are also sites of settler colonial conflict, and how settler colonial governance is reproduced and resisted through the governance of crime. Interviews with politicians, policy-makers, bureaucrats in the crime prevention branch of the provincial government, and directors and employees at community-based organizations suggest that the pursuit of the government strategy of integrated crime prevention and suppression has been more a project of attempting to ‘manage’ urban Indigenous people than serve their interests. As a contribution to abolitionist thought and theory, this article profiles sites of conflict between community police and community-based organizations over definitions of the ‘crime’ problem in city-center Winnipeg. These examples highlight a kinship between carceral abolitionist and decolonial politics.     

BARS,BLOCKS, AND CRIMES REVISITED: LINKING THE THEORY OF ROUTINE ACTIVITIES TO THE EMPIRICISM OF “HOT SPOTS”*

Anticipating recent developments in routine activities theory, Roncek and Bell (1981) found that bars and taverns had detrimental effects on crime on residential city blocks in Cleveland for 1970. We replicate and extend their work by examining the effects of recreational liquor establishments (i.e., taverns and cocktail lounges) on crime from 1979 to 1981 on Cleveland's residential city blocks. The number of such businesses on residential city blocks has positive and statistically significant effects on the amount of crime. The effects on crime are compounded when the businesses are located in areas with physical characteristics that are associated with more anonymity and lower guardianship. Our results reaffirm the value of new developments in routine activities theory that now stress the importance of facilities. They also extend recent work attempting to identify and analyze “hot spots” of crime.     

A LONGITUDINAL TEST OF SOCIAL DISORGANIZATION THEORY: FEEDBACK EFFECTS AMONG COHESION,SOCIAL CONTROL,AND DISORDER*

Social disorganization theory holds that neighborhoods with greater residential stability, higher socioeconomic status, and more ethnic homogeneity experience less disorder because these neighborhoods have higher social cohesion and exercise more social control. Recent extensions of the theory argue that disorder in turn affects these structural characteristics and mechanisms. Using a data set on 74 neighborhoods in the city of Utrecht in the Netherlands spanning 10 years, we tested the extended theory, which to date only a few studies have been able to do because of the unavailability of neighborhood‐level longitudinal data. We also improve on previous studies by distinguishing between the potential for social control (feelings of responsibility) and the actual social control behavior. Cross‐sectional analyses replicate earlier findings, but the results of longitudinal cross‐lagged models suggest that disorder has large consequences for subsequent levels of social control and residential instability, thus leading to more disorder. This is in contrast to most previous studies, which assume disorder to be more a consequence than a cause. This study underlines the importance of longitudinal data, allowing for simultaneously testing the causes and consequences of disorder, as well as the importance of breaking down social control into the two dimensions of the potential for social control and the actual social control behavior.     

VAN DUZER MEMORIAL ORATION: THE EFFECT OF ARMED CONFLICT ON CHILD HEALTH AND DEVELOPMENT

Armed conflict has occurred in many parts of the world for centuries and undoubtedly will occur in the future. In the past, combatants suffered; now the majority of suffering is by civilians. Children in these regions are denied the benefits of health care and normal nurturing both during and especially for prolonged periods after the conflict (when the health and social systems have been disrupted or are non‐existent). Their problems of health and development are major; problems for which the experience and knowledge of pediatrics and pediatric research could contribute. Yet, to date, the study of the health and development of children in war zones has not been a major priority of pediatric societies or of the large community of pediatric clinicians and researchers. Recently the Programme for Global Pediatric Research has held meetings with representatives of agencies working in areas of armed conflict together with pediatric clinicians and researchers. They explored the health and developmental problems of children in war zones. Recommendations from those meetings highlighted the plight of mothers and children during conflict and in the period “after the shooting stops.” Child health and development is critically affected during these times. In many instances planning has been inadequate and both government and legal support have been deficient. This presentation will describe the health and developmental problems of children in zones of armed conflict and steps to be taken to alleviate these major problems.     

TRAGIC CONSCIOUSNESS,NATURAL LANGUAGE AND MODERN SPIRIT OF THE RULE OF LAW

Tragic consciousness, which originated in childhood, is complex compassion based on strong self-consciousness. After being moralized, tragic consciousness presents the dichotomy of good and evil, which has not only profoundly affected the formation of natural language, but also cradled the theory of natural law and religious spirit. Modern jurisprudence attempts to get rid of the shackles of classics and Christian humanism, to shape the autonomous and self-consistent image of law with the de lege lata as center. However, it is difficult for modern jurisprudence to surpass the natural language which rooted in tragic consciousness, and impossible to neglect or deny the independent value of the human. The inherent conflict within the rule of law makes ironically a tragedy, especially in the context of contemporary China.     

反思“醉驾”入罪——规范理解与情境预防

面对社会上日益严重的醉酒驾驶问题,《刑法修正案八》规定了＂危险驾驶罪＂,有关醉驾的刑法规范主要体现了刑法保护法益前移与抽象危险犯的立法精神。而用刑法手段减少风险的发生、确保交通安全并不能有效达至理想效果,超越规范层面的惩罚醉驾的政策与风险防治因素为情境预防理论应用于保障社会公共安全问题提供了可寻的依据。从具体犯罪的预防出发思考减少行为人实施犯罪的机会,应用情境预防理论控制醉驾的发生是可行的新路径。     

Shame,anger, and conflict: Case study of emotional violence

This paper proposes a new theory and method for understanding emotional violence: conflict results from threats to the social bond. Protracted conflict may be a result of social-emotional separation and unacknowledged shame. A single case is used to analyze the dynamics of marital conflict. Discourse is analyzed during an actual quarrel; sequences of emotion are traced prior to moments of escalation. The results indicate that not only did anger occur during conflict, but also it was preceded by unacknowledged shame. Sequences within and between spouses alternated from emotional separation and shame, to anger, to disrespect, to further separation and shame, and so on. Interaction in this couple was marked by alienation rather than solidarity.     

Role Conflict and the Psychological Impacts of the Post-Ferguson Period on Law Enforcement Motivation,Cynicism, and Apprehensiveness

In the wake of high-profile deadly force cases in the post-Ferguson era, a number of negative psychological outcomes have been depicted by law enforcement officers. We examine if negative post-Ferguson outcomes predict current cynicism, motivation, and apprehensiveness. Further, we account for whether role orientations, specifically support for a law enforcement orientation or a community policing orientation, mediate the psychological effects of the post-Ferguson period. Since the law enforcement orientation, exercised through strict enforcement of the law, has been called out of favor in the post-Ferguson area, supporting this role may negatively impact officers via role conflict. The opposite may be observed for those supporting a community policing orientation. We test these arguments using results from an online survey of law enforcement officers in the USA, administered 6 months following highly publicized incidents in Dallas and Baton Rouge where police were targeted and killed. Results showed that post-Ferguson psychological impacts continued to affect current levels of cynicism, motivation, and apprehensiveness. Support for law enforcement or community policing orientation did not mediate the effects of post-Ferguson sentiments. Nonetheless, role orientations played a significant role in predicting current cynicism, motivation, and apprehensiveness and provided support for the theory of role conflict.     

VICARIOUS HOMICIDE VICTIMIZATION AND SUPPORT FOR CAPITAL PUNISHMENT: A TEST OF BLACK'S THEORY OF LAW*

This article examines the relationship between experiencing the homicide of a family member, friend, or acquaintance and the likelihood of support for capital punishment. Homicide victims'family and friends are often portrayed as strong advocates of the death penalty. Yet, the effect of vicarious homicide victimization on support for capital punishment has never been systematically examined, and in fact, Donald Black's theory of law suggests an inverse relationship between the two variables. Using data from the 1988 General Social Survey, this research tests hypotheses derived from Black's theory regarding the relationship among social intimacy, cultural status, and the use of law in response to conflict. Multivariate logistic regression models suggest that the experience of personally knowing a homicide victim significantly affects one's likelihood of support for the death penalty, but the effect of vicarious victimization varies for black and white respondents. The empirical patterns indicate that in addition to race, religious orientation and gender also play important roles in determining the relationship between vicarious homicide victimization and support for the death penalty.     

MEDIATION AND CHILD PROTECTION

Mediation as a means of resolving disputes in child welfare (protection) proceedings is relatively new. Mediation as a process has been gaining recognition in almost every area of conflict or contest. It is not surprising, therefore, that its movement into taboo areas such as child welfare matters has occurred. This article focuses on how mediation in this once forbidden area is not only feasible but beneficial. Based on actual case mediations and comments, it will be shown that mediation in this area is necessary and long overdue. A blueprint and criteria will be provided to practitioners in this area as guidelines to be followed.     

THE CRIMINOLOGY OF GENOCIDE: THE DEATH AND RAPE OF DARFUR

Nearly 400,000 Africans may have been killed in racially motivated, lethally destructive, state supported, and militarily unjustified attacks on the farms and villages of the Darfur region of Sudan. Using victimization survey data collected from Darfurian survivors living in refugee camps in Chad, and drawing on conflict theory, we present evidence that the Sudanese government has directly supported violent killings and rapes in a lethally destructive exercise of power and control. In the language of the Geneva Genocide Convention, these attacks have inflicted on African tribal groups "conditions of life calculated to bring about their physical destruction in whole or in part." The data include explicit evidence of the central mediating role played by racism in the attacks. There is little or no evidence from the surveys to support the claim of the Sudanese government that the attacks have been aimed at rebel groups as a counter-insurgency strategy. The Sudanese government claims are by this analysis not credible as self-defense arguments, but rather of the exercise of power and control through denial. Further forms of such denial are considered, including the slowness of modern American criminology to advance the study of genocide.     

FEMINIST THEORY,CRIME, AND JUSTICE*

Feminist research has expanded beyond its origins in Women's Studies to influence the more traditionally bounded academic disciplines. Criminology has not been immune to these excursions. This paper presents an overview of feminist theory/methods and its applications within select areas of crime and justice studies. Points of intra-theoretical divergence as well as directions for future feminist contributions are noted.     

SOCIAL THOUGHT AND SOCIAL STRUCTURE

The substantive area of criminology has increasingly become politicized with new paradigms arising to challenge the traditional perspectives. For the purpose of this analysis the voluminous amount of criminological research and writing is placed within three major paradigms: (1) kinds of people, (2) kinds of environments, and (3) power/conflict. The increasing articulation of the power/conflict paradigm has brought about an intensification of conflict in society and among criminologists. The future of criminology and subsequently of criminologists will be determined by the interplay of these and emerging other paradigms among academic criminologists and their competing expression among the public at large.     

Court clerks,court administrators,and judges: Conflict in managing the courts

This article presents the results of a survey conducted in conjunction with the National Association for Court Administration (NACA), the National Association of Trial Court Administrators (NATCA), and the National Center for State Courts. A questionnaire designed to gauge role perceptions of court managers was sent to 410 NACA members and 321 NATCA members. One of the key elements of the survey is the issue of conflict — specifically, the types and sources of conflict encountered by court managers in the performance of their jobs. Over half (55.7 percent) of those surveyed responded, and most indicated one or more sources of conflict in managing their courts. Much has been written in the court administration literature about conflict, or the potential for conflict, in conducting court business. The results of this survey provide empirical evidence on the conflicts most frequently encountered in court management, including case-flow management problems, personnel matters, financial issues, policy and planning issues, and communication problems.     

城管综合执法:多视角分析与路径选择——以广州市为例

城管综合执法机构自成立以来,其合法性备受质疑。执法手段粗暴,执法形象受损;执法成本高昂,执法效率低下;城管人员与被管理者情绪对立,甚至发生暴力冲突。本文以广州市为例,从博弈论、经济学、社会学、行政法学以及法理学等多个视角分析了当下城管综合执法的困境,并提出了相应的对策。     

FAMILY LAW AND THE NEUROSCIENCE OF ATTACHMENT,PART I

In this far‐reaching interview, Allan Schore, renowned scientist, clinical psychologist, and clinical neuropsychologist, considers the place of neuroscience in facilitating developmental knowledge and better decision making in family law matters. He details current science on the neurology of attachment formation, the function of early caregiving relationships, gender, neuroscience perspectives on conflict and family violence, and implications for parenting arrangements. At the meta level, Schore describes the responsibilities of the family law system in promoting the development of the child. On the faculty of the Department of Psychiatry and Biobehavioral Sciences, UCLA, Schore is on the editorial staff of 35 journals in various academic and clinical fields. His integration of neuroscience with attachment theory is documented in three seminal volumes, Affect Regulation and the Origin of the Self, Affect Dysregulation and Disorders of the Self , and Affect Regulation and the Repair of the Self, as well as numerous articles and chapters. He has justifiably earned the nickname of “America's Bowlby.”     

IMMIGRATION AND CRIME IN AN ERA OF TRANSFORMATION: A LONGITUDINAL ANALYSIS OF HOMICIDES IN SAN DIEGO NEIGHBORHOODS, 1980–2000*

Emerging research associated with the “immigration revitalization” perspective suggests that immigration has been labeled inaccurately as a cause of crime in contemporary society. In fact, crime seems to be unexpectedly low in many communities that exhibit high levels of the following classic indicators of social disorganization: residential instability, ethnic heterogeneity, and immigration. But virtually all research conducted to date has been cross-sectional in nature and therefore unable to demonstrate how the relationship between immigration and crime might covary over time. This limitation is significant, especially because current versions of social disorganization theory posit a dynamic relationship between structural factors and crime that unfolds over time. The current study addresses this issue by exploring the effects of immigration on neighborhood-level homicide trends in the city of San Diego, California, using a combination of racially/ethnically disaggregated homicide victim data and community structural indicators collected for three decennial census periods. Consistent with the revitalization thesis, results show that the increased size of the foreign-born population reduces lethal violence over time. Specifically, we find that neighborhoods with a larger share of immigrants have fewer total, non-Latino White, and Latino homicide victims. More broadly, our findings suggest that social disorganization in heavily immigrant cities might be largely a function of economic deprivation rather than forms of “neighborhood” or “system” stability.     

SPECIFICATION PROBLEMS,POLICE LEVELS,AND CRIME RATES*

Research on the relationship between police and crime, like many criminological topics, is subject to uncertain causal direction and omitted controls. We recommend procedures that mitigate these problems: the Granger causality test, proxies for missing variables, robustness checks, and making data available to other researchers. Because specification problems are common in the social sciences, this strategy has applicability beyond the issue of police and crime. We analyze yearly police data and UCR crime rates, at the state and city levels, pooled over two decades. We find Granger causation in both directions. The impact of crime on the number of police is slight, but the impact of police on most crime types is substantial. The latter result is more robust at the city level.     

晚近国际投资争端解决实践之评判:“全球治理”理论的引入

晚近国际投资争端的性质已由以往的政治性争端转变为现行的管理性争端,相应地,国际投资争端的传统外交保护解决方式也已为国际仲裁方式所取代,而且国际投资争端仲裁实践出现了明显的偏袒外国投资者,损害东道国权益之倾向。就此,已难以用传统的南北矛盾理论框定,而现有的商事仲裁理论和国内公法理论则存在着不同程度的缺失,需要引入一种视野更为宽广的全球治理理论予以弥补。