Making the State Responsible: Intersex Embodiment,Medical Jurisdiction,and State Responsibility

Through consideration of new developments in the United Kingdom's intersex policy, this article traces the ways in which responsibility is produced, naturalized, and avoided by individuals, institutions, and the state. Jurisdiction is identified as a barrier to the attribution of responsibility that must be overcome to achieve progress in relation to the needs of intersex people. By bringing together jurisdictional analysis and vulnerability theory, this article demonstrates how the state has traditionally abrogated responsibility by compartmentalizing specific practices as governed by medical authority. It highlights that such accounts mask the role of the state in the creation of jurisdiction and the ways in which governance is conducted. Challenging these boundaries allows vulnerability theorists to move the state towards greater levels of responsibility. By combining these theoretical tools, the article enhances the practical utility of vulnerability theory and advances an important agenda for intersex people.     

Revolutionizing Academic Activism: Transpraxis,Critical Pedagogy,and Justice for a People Yet to Be

One strain of thought that is both consistent with and an amplification of academic activism (Belknap in Criminology 53(1):1–22, 2015) is the critical criminological literature on transpraxis. As a theory of change, transpraxis advances a thesis on the dialogical and relational pedagogy of mutual struggle, of shared being and becoming. In addition, this literature critiques the dominant philosophy of human risk management and the current culture of captivity politics in which the struggle for transformative (i.e., interdependent and collective) change is “finalized.” We argue that, in the present era, processes of humanness and expressions of culture de-vitalize (e.g., homogenize, normalize, territorialize) this existence. In so doing, humanness and culture tend toward Hegelian reaction-negation dynamics, thereby forestalling and/or foreclosing justice for an awaiting people. Accordingly, this article outlines the dimensions of transpraxis as theory, explains how revolutionary academic activism necessitates a critical pedagogy for a people yet to be, and it reconceives the educational terrain of criminological activism as the pedagogy of becoming. We argue that the transpraxis properties of this pedagogy facilitate revolutionary academic activism and further the radical potential of transformative justice. This activism and potential exist for the multitude.     

Appropriately Using People Merely as a Means

There has been a great deal of philosophical discussion about using people, using people intentionally, using people as a means to some end, and using people merely (or just, or only) as a means to some end. In this paper, I defend the following claim about using people: NOT ALWAYS WRONG: using people—even merely as a means—is not always (prima facie or pro tanto or all-things-considered) morally objectionable. Having defended that claim, I suggest that the following claim is also correct: NO ONE FEATURE: when it is morally objectionable to use people (either as a means or merely as a means), this is for many different kinds of reasons—there is no one wrong-making feature that every morally objectionable using has in common. After discussing these claims, I use them to present and motivate what I call the “precaution” theory of norms against using people. I conclude by considering a few cases from the criminal law context—cases that are naturally described as using people—to assess the moral appropriateness of this kind of use in these cases, and to demonstrate how the theory applies to the real world.     

Low self-control,gender, race,and offending in late life

Self-control theory has been one of the most scrutinized general frameworks of crime for over 20 years. A majority of evidence pertaining to the theory, however, is derived from samples of teenagers and young adults. Relatively little information exists regarding whether self-control explains offending among people in late adulthood. As such, the generality of the framework has yet to be fully examined. This study uses a representative sample of people aged 60 years and older from interviews conducted in Arizona and Florida. The current study tests two key propositions regarding the generality of the theory: (1) the extent to which self-control accounts for the relationship between demographic variables and criminal offending, and (2) the invariance thesis which stipulates that self-control will have a uniform effect on offending across social groups. The analyses reveal two findings regarding theoretical generality: (1) low self-control explains late-life criminal behavior but does not account for the relationship between offending and gender, and (2) low self-control has an invariant effect on offending across gender and race when measured behaviorally. Taken together, the analyses address important elements of the supposed generality of self-control theory and extend the framework's scope to the explanation of offending in late life.     

Aggressive reactions to social injustice by individuals and groups as a function of social norms,gender, and anonymity

Two conflicting approaches to the study of group aggression are compared: the deindividuation theory of Zimbardo (1970) and the emergent norm theory of Turner and Killian (1972). To test these two conflicting hypotheses, the frustration-aggression theory of Brown (1986) is used which assumes that individuals and groups, male or female, will react with angry aggression when important social justice norms are violated. It was hypothesized (i) that groups will be more aggressive than single individuals; (ii) males will be more aggressive than females; and (iii) that more aggression will occur when people can be easily identified than when they remain anonymous to each other. These hypotheses received some support. Unexpected interactions between these variables are discussed in some detail. Generally, more support is found for the emergent norm theory than for deindividuation theory.     

Humiliation,Justice and the Play of Anxiety in Competing Jurisdictions

In colonial nations, such as the land called Australia, the two registers of settler and Indigenous jurisdictions compete at the level of symbolic certainty. In Lacanian psychoanalytic theory neither can arrive at perfect symbolisation but the struggle and the proximity to their arrival can evoke anxiety. What insists to keep this anxiety at bay, in non-Indigenous Australia, is what Jacques Derrida calls justice. As an impossible object, similar to the Lacanian object petit a, justice must be interminably animated to hold this object of desire in play. Humiliation of Indigenous people in Australia is, I argue in this article, one mode of this play. I interrogate the psychoanalytic discussions of anxiety by Freud and Lacan to consider firstly what might be the cause of anxiety for contemporary non-Indigenous Australians and secondly how this anxiety is ‘played out’ on the bodies of Indigenous people through practices of humiliation. As one example of this work of humiliation I consider several scenes of police practice in the Sydney suburb of ‘Redfern’ from the 1991 documentary Cop it Sweet.     

试论大学组织、制度与管理的相关性

无论在学理上还是在实践中,大学组织、制度与管理之间都紧密相关.论文选择组织内与组织间的双重视角,通过对组织、制度与管理三个概念内在相关性的深入探讨,从理论层面上揭示了大学组织、制度与管理之间的相关性.一般而言,组织是人有目的的集合,制度是约束人或组织的规则,而管理则是人在一定制度的约束下,通过分工与协调以实现组织目标的过程.大学组织、制度与管理之间的相关性同样符合上述逻辑.     

THE STICK, THE CARROT, AND OTHER STRATEGIES: A Theoretical Analysis of Governmental Intervention

This article considers four strategies that a government agency might use to change the behavior of individuals: (1) informing target individuals of benefits; (2) facilitating the change for individuals; (3) requiring such change, with penalties for noncompliance; and (4) making the change more attractive. Two complementary theoretical perspectives—learning theory (Skinner) and utility theory (Schultze) —are used to analyze the strategies. Information and facilitation work best on "motivated" people. Regulation works best for strongly desired, discrete, detectable goals achievable in few ways; but it requires much monitoring and may promote undesired reactions. Incentives are the basis of the most reliable, efficient strategies, especially if the change is continuous, detectable, and achievable in many ways.     

“罪名“与“犯罪行为“之辨——对刑法第十七条第二款的解读

理论上和实务中对刑法第十七条第二款的规定有不同的理解,有人认为是八种具体犯罪的罪名,有人认为是八种犯罪行为。但是从文义解释、刑法第十七条第二款的立法精神和规范目的、“犯罪行为说”的弊端以及“罪名说”能满足实践需要四个方面能够证明:“罪名说”的观点是正确的。应该站在成文刑法的特点和罪刑法定原则的立场上去理解现实上存在的值得科处刑罚却不能解释到刑法第十七条第二款中去的行为。     

Revisiting Broken Windows Theory: Examining the Sources of the Discriminant Validity of Perceived Disorder and Crime

Two lines of critiques have developed in reference to broken windows theory: (1) Concentrated disadvantage appears to be more intricately linked with disorder than the theory allows for; and (2) There is concern that disorder and crime lack discriminant validity in that people do not actually distinguish between the two. The present study integrated these two perspectives by examining whether concentrated disadvantage—including disorder itself—affects the extent to which people view disorder and crime as separate problems. Multivariate models showed that people who believe their neighborhood to be more disorderly were more likely to make distinctions between disorder and crime. Theoretical recommendations for future tests of broken windows theory are presented and the policy implications for order maintenance policing programs are discussed.     

Libertarian Paternalism,Externalities, and the “Spirit of Liberty”: How Thaler and Sunstein Are Nudging Us toward an “Overlapping Consensus”

In their 2008 book Nudge: Improving Decisions about Health, Wealth, and Happiness, Richard Thaler and Cass Sunstein use research from psychology and behavioral economics to argue that people suffer from systematic cognitive biases. They propose that policy makers mitigate these biases by framing people's choices in ways that help people act in their own self‐interest. Thaler and Sunstein call this approach “libertarian paternalism,” and they market it as “the Real Third Way.” In this essay, I argue that the book is a brilliant contribution to thinking about policy making but that “choice architecture” is not just a solution to the problem of cognitive biases. Rather, it is a means of approaching any kind of policy making. I further argue that policy makers must take externalities into account, even when using choice architecture. Finally, I argue that libertarian paternalism can best be seen as motivated by what Sunstein has celebrated in his work on constitutional theory: a humility about the possibility of policy‐maker error embodied in Learned Hand's famous aphorism about the “spirit of liberty” and an attempt to reduce social conflicts by searching for what John Rawls called an “overlapping consensus.”     

Punishment,Liberalism, and Public Reason

The article argues for a conception of the justification of punishment that is compatible with a modern, politically liberal regime. Section I deals with what some have thought are the obvious social interests society has in punishing criminals, and tries to develop those possible interests somewhat sympathetically. Section II suggests that many of those reasons are not good ones if punishment is regarded (as it should be) from the perspective of political philosophy. Social responses to bad things happening to people cannot be grounded in controversial metaphysical views about what is good for people or what people deserve, but many reasons proffered for punishment are in fact grounded in such views. This constraint, accordingly, limits what individuals can expect in terms of a societal response to crime. Section III develops the appropriate reasons for punishment in a modern, liberal regime. Here the article relies on a—largely undefended—conception of public reason as the most plausible theory of what reasons for punishment are available to liberals. Section IV offers some closing thoughts on why people might adopt a politically liberal view about punishment as their own, personal view about how they should relate to others.     

Personal Versus General Belief in a Just World,Karma, and Well-Being: Evidence from Thailand and the UK

Social Justice Research - The belief in a just world (BJW) is the belief that people get what they deserve and deserve what they get. The theory and research findings suggest that believing the...     

On Myth,Considered as a Method for Legal Thought

The textual form of law relates to language and not to narration but to myth. Law's text does not develop in the temporal sequence of past-present-future, but spreads by analogy of concentric circles. If ‘normal’ myth is a folklore of people then the law is a myth retold by lawyers. For the sake of separation of legal myth from mythology as a whole, law creates its own rituals. In post-modern societies the mythologization of law becomes even more important as the boundaries between legal and lay communities are challenged. Classical legal theories cannot deal with this change and Kafka's The Trial is as good a jurisprudence as any other legal theory. This revised version was published online in November 2006 with corrections to the Cover Date.     

The Bar Examination and the Dream Deferred: A Critical Analysis of the MBE, Social Closure, and Racial and Ethnic Stratification

In this article, the author applies social closure theory to help explain why more than a dozen states have recently enacted more stringent bar exam passing standards and why others are considering similar changes. While higher standards are usually advocated as a way to protect the public from lower student "quality," the author applies social closure theory and argues that changes in passing standards are a response to a perceived oversupply of lawyers, especially among solo practitioners. In the 1990s, crowding among solo practitioners reached record levels, and real earnings eroded substantially. The author then links this labor market analysis to a critical examination of the knowledge claims that justify the bar exam to the legal profession and the public at large. The article's conclusion is that the psychometric research sponsored by the National Conference of Bar Examiners consistently minimizes and obscures the disparate impact and unfairness of the bar exam for people of color.     

The relationship between crime and “objective” versus “subjective” strains

Agnew's (2001, 2006) general strain theory makes a distinction between “objective” strains, which refer to events and conditions which are disliked by most people in a given group, and “subjective” strains, which refer to events and conditions which are disliked by the people who have experienced them. Agnew argues that there is only partial overlap between objective and subjective strains, since many people do not subjectively evaluate the objective strains they experience in a negative manner. Further, Agnew argues that subjective strains should be more strongly associated with crime, since they are more likely to generate the negative emotions that lead to crime. This article tests Agnew's arguments with data from a sample of Italian youth. The results provide some support for Agnew, suggesting that many people do not evaluate the objective strains they experience in a negative manner and that subjective strains are more strongly associated with crime than are objective strains. These findings have important implications for the research on general strain theory.     

荀子组织理论与现代管理

荀子的组织理论代表了战国末期儒家组织管理理论的最高水平。当我们从现代组织理论的视角去解读荀子组织理论时,会发现它是超越性与局限性的矛盾综合体。本文拟从定职不定员的等级制,弱君强相的礼法之治,夺人之心的组织发展观三方面,对荀子的组织理论加以梳理,以期为现代管理者吸收中国传统管理智慧提供借鉴。     

Cable television and telephony in the telecommunications act of 1996: Economics,law, regulation and politics

Though reasonable people may argue about whether cable television and local telephone services are natural monopolies in theory, historically they have developed with infrastructures that make them more likely to have important declining cost characteristics in reality. Additionally, common carriage issues, especially for telephones, may necessitate regulatory oversight. Though touted as deregulation, and certainly eliminating many cross‐industry barriers, the Telecommunications Act of 1996 is better understood as reregulation. The act maintains a common carriage philosophy while attempting to promote competition. However, evidence indicates it is unlikely that the new regulatory regime will result in efficient prices or true competition. Instead, duopoly in cable and oligopoly in telephony are probably the best that can be achieved under the act.     

Real Property, Spontaneous Order, and Norms in the Gold Mines

This article contributes to the current debate about why people follow the law even when they are not subject to legal sanctions, as when there are no police and little danger of a lawsuit. Most recent scholarship in this area takes the form of norms theories, suggesting that social norms rather than laws shape behavior and that deviations from the norm are punished by either social or internal sanctions. Robert Sugden, however, proposes that order may develop "spontaneously" in the many areas of life where abiding by the rules minimizes the risk of costly confrontations with others and is thus in the interest of all parties. When this is true, the threat of little or no sanctions plays no role in regulating behavior. This article tests Sugden's theory against a simple property system, that of the California gold mines, in which individual miners held small claims subject to strict work requirements. The evidence of eyewitnesses shows that the stability of the regime did not depend on norms, but on the reasonable prediction that other claim holders would themselves stand up for their rights under the local mining code. Disputes about the rules and their application were submitted to arbitrators, whose decisions were accepted by the parties and did not need to be enforced. The California experience thus provides an example of a stable property regime for which game theory has a more satisfying explanation than do any of the norms theories.     

非自然权利论

迄今为止,理论界仍然主要以自然权利理论作为论证人权的源泉与属性的主导理论。但是,自然权利理论仅仅是植根于西方社会的一种本土性理论,与西方的社会结构以及西方的文化传统有着极为紧密的联系。从逻辑上分析,自然权利理论的论证过程存在断裂,自然权利理论的基础和前提都是无法证实的猜测或者假定。在当前世界各国共同推重人权的情况下,有必要将权利的基础和性质从自然权利的流沙之上移到坚实的人类社会土地之上。