Applying social psychology: The case of redistributions in unified Germany

Large redistributions between West and East will be necessary within the unified Germany for a long time. The perceived justice of these redistributions is discussed, applying theory and evidence from social justice research and research on prosocial behavior. Views about just distributions and entitlements vary according to the preferred principles of distributions and according to attributions of responsibility for existing inequalities. It is, hypothesized that acceptance of redistributions in West Germany depends on whether the East is seen as having been unjustly disadvantaged after World War II when it was assigned to the influence sphere of the Soviet Union. This fact can be considered in analogy to an exploitation of the East by the West. On the other hand, the economic, problems in the East may also be considered self-inflicted by the former communist regime. A key question is what the attitudes of the population in the former GDR had been toward the communist regime. If the population is considered the victim of the regime, it is entitled to get support; if it is considered to have been sympathetic toward the regime, this is not the case. Acceptance of redistributions depends not only on their justice but also on their efficiency. The relative weight of justice and efficiency depends on the reasons given for the support. If support means repaying debts that were accumulated during the preceding period of being undeservedly privileged in the West, justice will remain the dominant criterion. If support is justified by actual neediness of the East, it will only be granted as help to self-help. Claims for discontinuity of support are expected if it will not be efficient in a near future. Some dangers concerning the integration of the two populations are outlined by listing some potential conditions for a growing distance and reciprocal discrimination up to a reciprocal ethnification between the Eastern and the Western populations.     

The moral case for the legalisation of voluntary euthanasia

If a person is suffering from illness or disability and wishes to end their life the law ought to facilitate rather than frustrate that choice argues Graham Oddie in this article. He points out the inconsistencies in current medical practice, and the gross disparity between the practice and the letter of the law. In dismissing many of the commonly raised objections to calls for reform of the law permitting euthanasia he makes a strong case for consistency in our approach to the right to die and patient autonomy.     

The ICO and artificial intelligence: The role of fairness in the GDPR framework

The year 2017 has seen many EU and UK legislative initiatives and proposals to consider and address the impact of artificial intelligence on society, covering questions of liability, legal personality and other ethical and legal issues, including in the context of data processing. In March 2017, the Information Commissioner's Office (UK) updated its big data guidance to address the development of artificial intelligence and machine learning, and to provide (GDPR), which will apply from 25 May 2018.This paper situates the ICO's guidance in the context of wider legal and ethical considerations and provides a critique of the position adopted by the ICO. On the ICO's analysis, the key challenge for artificial intelligence processing personal data is in establishing that such processing is fair. This shift reflects the potential for artificial intelligence to have negative social consequences (whether intended or unintended) that are not otherwise addressed by the GDPR. The question of ‘fairness’ is an important one, to address the imbalance between big data organisations and individual data subjects, with a number of ethical and social impacts that need to be evaluated.     

The role of moral disengagement in the execution process

The present study tested the proposition that disengagement of moral self-sanctions enables prison personnel to carry out the death penalty. Three subgroups of personnel in penitentiaries located in three Southern states were assessed in terms of eight mechanisms of moral disengagement. The personnel included the execution teams that carry out the executions; the support teams that provide solace and emotional support to the families of the victims and the condemned inmate; and prison guards who have no involvement in the execution process. The executioners exhibited the highest level of moral, social, and economic justifications, disavowal of personal responsibility, and dehumanization. The support teams that provide the more humane services disavowed moral disengagement, as did the noninvolved guards but to a lesser degree than the support teams.     

Criminology as social control: discriminatory research &; its role in the reproduction of social inequalities and crime

The law discriminates against low status offenders, but so too might criminologists during the course of their research. In this paper, we address the following question: Does the social status of lawbreakers have an effect on their likelihood of being recruited to offender-based research? The answer to this question is important for reasons that extend beyond academic criminology. If criminologists discriminate, then they themselves are active agents in the reproduction of social disadvantage. If criminology is to reduce inequality, the field must first identify and reduce discriminatory behavior within its own research community.     

Corruption tolerance as a process of moral,social, and political cognition: evidence from Latin America

Crime, Law and Social Change - While corruption is commonly understood in behavioral terms, the dominance of political and economic approaches has hindered the integration of relevant psychological...     

Interpersonal violence as social construction: the potentially undermining role of claims making and advocacy statistics

The relationship between empirical research inquiry and advocacy efforts is complex and seldom addressed in the interpersonal violence literature. In this article, we first examine how social conditions come to be seen as social problems, using a social constructionist perspective. Next, we focus specifically on the problem of interpersonal violence as viewed through a social constructionist lens, highlighting the many ways in which advocacy has influenced public perceptions of interpersonal violence as a social problem. Finally, this article considers some of the consequences that may result from exaggerated or misleading claims, especially when they are made by social scientists who are presumably engaged in an objective discussion of a problem. These consequences include generating skepticism toward the social sciences, feeding a backlash movement, and diverting attention away from the most severe forms of interpersonal violence. Contrary to the goals of many advocates, some of these consequences may be detrimental to the very social problems they hope to alleviate.     

Social network analysis as a tool for criminal intelligence: understanding its potential from the perspectives of intelligence analysts

Over the past two decades an increasing number of researchers have applied social network analysis (SNA) to various ‘dark’ networks. This research suggests that SNA is capable of revealing significant insights into the dynamics of dark networks, particularly the identification of critical nodes, which can then be targeted by law enforcement and security agencies for disruption. However, there has so far been very little research into whether and how law enforcement agencies can actually leverage SNA in an operational environment and in particular the challenges agencies face when attempting to apply various network analysis techniques to criminal networks. This paper goes some way towards addressing these issues by drawing on qualitative interviews with criminal intelligence analysts from two Australian state law enforcement agencies. The primary contribution of this paper is to call attention to the organisational characteristics of law enforcement agencies which, we argue, can influence the capacity of criminal intelligence analysts to successfully apply SNA as much as the often citied ‘characteristics of criminal networks’.     

The concurrent application of competition law and regulation: the case of margin squeeze abuses in the telecommunications sector

This paper explores the issue of margin squeeze in the telecommunicationssector. It observes that margin squeeze abuses can be addressedthrough ex ante and/or ex post intervention. As far as ex anteintervention is concerned, this paper reviews the various regulatorystrategies that can be used to address margin squeeze beforeconcluding that such conduct has been generally prevented throughprice controls. It then evaluates how wholesale and retail pricecontrol mechanisms can affect the ability and/or incentivesof vertically integrated operators to engage in margin squeeze.As far as ex post intervention is concerned, this paper discussedthe way in which margin squeeze has been addressed under nationaland EC competition law. It then explores several unresolvedissues that emerge from the decisional practice of the competitionauthorities and the case law of the courts. Finally, the paperexplores the interface between competition law and sector-specificregulation and in particular the jurisdictional and substantiveconflicts that it can lead to in the area of margin squeeze.     

The role of the bar context and social behaviors on women's risk for aggression

The present study is an initial examination of the extent to which the environmental characteristics of bars and social behaviors that women engage in when drinking in this setting are associated with bar-related aggression. As expected, several environmental characteristics (e.g., young patrons, pool playing) and social behaviors (e.g., alcohol consumption, leaving the bar with strangers) were associated with more severe bar-related aggression experienced by women during the past year. These results shed light on the significant problem of bar-related aggression against women and can potentially be used to develop prevention and educational programs.     

The hegemonic narrative and the social construction of deviance: the case of the Black Hand

This essay examines Black Hand crime in the city of Chicago from 1892 to 1931. The Black Hand was a crude method of crime in which Italian immigrants and others were extorted for money. This research argues that much of what we know about Black Hand crime is a media construction. The method of analysis used to conduct this investigation involved the content analysis of 280 newspaper accounts of Black Hand crime. This essay also examines the institutional legacy of the Black Hand phenomenon and argues that the inappropriate linking of Black Hand crime to the Sicilian Mafia led to the development of the alien conspiracy theory, forever linking organized crime in American society to the Italian immigrant. This essay concludes that the media play an important role in defining the societal construction of crime. The findings also support the social constructionist argument that definitions of deviance are subjectively determined.     

Morality, social norms and the rule of law as transaction cost-saving devices: the case of ancient Athens

The importance of the institutional framework for economic development is widely accepted today and it is duly stressed in the economic literature. The protection of property rights, the enforcement of contracts and an efficient legal system are the pillars of the contemporary rule of law. However, formal institutions cannot function without being internalized by the citizens and without the strong backing of social norms. Morality and social norms are the major elements of the informal institutional structure, the social capital, which is also critical for social welfare and economic development. In this paper we will discuss both the formal and the informal institutional framework of Ancient Athens, which was a free market society with economic problems similar to contemporary market societies. Athenians developed a highly sophisticated legal framework for the protection of private property, the enforcement of contracts and the efficient resolution of disputes. Such an institutional framework functioned effectively, cultivating trust and protecting the security of transactions. This entire system however was based on social norms such as reciprocity, the value of reputation and widely accepted business ethics. Conformity to social norms as well as moral behavior was fostered by social sanction mechanisms (such as stigma) and moral education. The Athenian example is a further proof of the importance of morality and social norms as transaction cost-saving devices even in quite sophisticated legal systems. Their absence or decline leads inevitably to the need for more regulation and litigation and to a growing preference for clear-cut rules instead of discretionary standards. Athenian law was pioneering in the development of rules and institutional mechanisms suitable for the reduction of transaction costs, many of them surviving in the most complex contemporary legal systems.     

The peculiar case of age discrimination: Americanising the European social model?

The Lisbon Strategy commits the EU to making labour market regulation more employment friendly with commentators anticipating some resulting convergence on the US model. Surprisingly, part of this post-Lisbon convergence has taken the form of a major extension of EU Social Policy with the expansion of anti-discrimination policies to address the case of age discrimination. We argue that unlike the US experience, it is the current preoccupation with raising European employment rates that has led to this expansion of ‘hard law’ Social Europe. We are unable to provide an efficiency rationale for this extension and assess alternative explanations. We also provide arguments suggesting that its impact is likely to differ from those experienced in the US.