Risk,Precaution, Responsibility,and Equal Concern

Systemic risks are risks produced through interconnected non‐wrongful actions of individuals, in the sense that an individual's action is a negligible cause of the risk. Due to scale effects of interaction, their consequences can be serious but they are also difficult to predict and assess via a risk assessment. Since we can have good reason to engage in the interconnected activities giving rise to systemic risk, we incur a concurrent collective responsibility to ensure that the risks are fairly distributed and well regulated. James argues that fairness in this context requires taking reasonably available precautions ensuring for each risk‐bearer a favourable ratio of expected benefits over expected losses. In sections 2 and 3 we argue that such a conception of fairness applies but only on the condition that the systemic risks created are irreversible risks and that the general background conditions of justice are imperfectly fair. When risks are reversible, compensatory justice can correct for unfairness in risk imposition. Where risks are irreversible, compensatory justice necessarily fails, giving rise to a collective responsibility to regulate fairly ex ante. Additionally, where background conditions of justice are fully fair and the systemic risk is well understood, risk bearers can be said to have consented to the systemic risk. If they are not fair, we argue that the primary political obligation should lie in fixing the fairness of the backgrounds of justice. A related reason for addressing the general background conditions of fairness is that James’ account of fairness in systemic risk imposition encounters a baseline problem. If expected risks and benefits are calculated again an unfair historic background condition, systemic risk imposition would not be fully fair. Section 4 shows why differences in evidentiary uncertainty as to probability and levels of harm and effective responses require a normatively appropriate response in the form of additional precautions. We show that the evidentiary standards set for risk‐based cost‐benefit analysis have a connection with deontology because they express a postulate of equal treatment in formal terms. Systemic risks can have different possible degrees of epistemological certainty due to factors of social and natural origin, such as more available research funding or higher degrees of complexity for some systemic risks but not others. These differences have to be mitigated by taking even greater precautions in difficult‐to‐research systemic risks.     

Strain,Crime, and Contingencies

Hypotheses from General Strain theory are addressed using data from a random sample of adults in Raleigh, NC. Analyses examine three issues: (1) whether strain predicts self‐projected criminal behavior; controlling for past self‐reported crime; (2) whether negative emotions mediate the relationship between strain and projected crime; and (3) whether social support and criminal peers serve as contingencies or mediators for strain in predicting criminality. Results are generally consistent with previous studies focusing on youth. Three of four measures of strain are found to predict the crime measures. However, that relationship is not mediated by negative emotion and the measures of social support and criminal peers do not act as contingencies or mediators. The results suggest that strain may not operate through negative emotions and that theoretical refinement is needed to identify which potential contingencies are likely to be operating under various circumstances.     

Professionalism, Organizations, and Compliance

Earlier studies haw shown that professional orientations are related to individual compliance with laws and regulations. However, no quantitative studies have focused on compliance at the organizational level and the professional orientations of the chief executive officer. Studies on dues and law breaking at the individual level have focused on professional orientations, but within an organization there are other aspects of professionalism that will be of import in determining the organization's compliance with the law. We posit that professionalism is a more complex notion for individuals located in an organizational setting. Utilizing data collected from 410 Australian nursing homes, which are characterized by a flat management structure, the data show that of three aspects of professionalism—orientation, values, and autonomy—it is professional autonomy that directly affects organizational compliance. However, the data do suggest that the relationship between professional orientations and organizational compliance are mediated by the complexity of the organization. Organizational culture is also shown to be an important factor in explaining compliance with the law.     

Equality,fairness, and social conflict

There are three generic problems that arise in the use of the concept of equality as a principle of fairness. These problems concern (i) determining when equality is appropriate as opposed to some other principle, (ii) deciding how equality is to be operationalized, and (iii) determining how to implement equality. The proposal is made that these intrapersonal decision conflicts are mirrored by social conflicts when multiple interests are involved. This way of looking at social conflicts also suggests some novel ways to approach conflict resolution.     

Authority,Nationality, and Minorities

Prominent normative theories for accommodating minority national groups appeal to the value of national cultures and/or the psychology of group recognition. This article aims to show that an argument from political authority provides a better justification. Building on Joseph Raz's theory of authority, the article argues that members of minority national groups are disadvantaged in relation to their majority counterparts under standard democratic institutions; such institutions do not provide minority national groups with comparable access to the conditions for legitimate political authority. Constitutional arrangements for accommodating minority national groups—such as territorial self‐government or power‐sharing—are justified insofar as they might offset this disadvantage.     

Hegel, Human Rights, and Particularism

Hegel's political philosophy gives prominence to the theme that human beings have a need for recognition of those qualities, characteristics, and attributes that make them distinctive. Hegel thus speaks to the question whether human rights law should recognize and accommodate the nuances of individual make-up. Likewise, he speaks to the question whether human rights law should be applied in ways that are sensitive to the cultural contexts in which it operates. But Hegel's political philosophy evaluates norms and practices within particular cultures by reference to the higher-order and universal criterion of abstract right. In light of this point and the inadequacies of political philosophy that privileges local norms and practices, a third approach to the protection of human rights is canvassed. This approach prioritizes neither universal nor local norms. Its aim is to ensure that both human rights and the cultures in which they are applied are taken seriously.     

Anxiety,alcohol intoxication,and aggression

Purpose. Research into alcohol‐related aggression has typically focused on perpetrators’ externalizing characteristics. The purpose of this exploratory review is to examine the contribution of anxiety to alcohol‐related aggression. Arguments. Anxiety disorders are associated with externalizing disorders in childhood, but anxiety appears to protect against extreme antisocial behaviours. In contrast, in adolescence and early adulthood, anxiety appears to be associated with increased risk of antisocial behaviour. One possible explanation for this disjunction may be alcohol use, which typically starts in adolescence. Alcohol is an anxiolytic drug, which may appeal to certain young people who are socially anxious but not socially avoidant. Alcohol myopia, the cognitive mechanism whereby alcohol exerts an anxiolytic effect, is also a mechanism by which alcohol serves to increase aggression. Therefore, in anxious antisocial people, drinking to cope with anxiety is likely to increase aggression. Conclusions. Interventions that flow from the research on anxiety, alcohol, and aggression are suggested.     

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.     

Rights,goals, and hard cases

Rights have two properties which prima facie appear to be inconsistent. The first is that they are conditional in the sense that one some occasions it is always justifiable for someone to act in a way which appears to be inconsistent with someone else's rights, such as when the defence of necessity applies. The second is that rights are indefeasible in the sense that they are not subject to being defeated our outweighed by utilitarian or policy considerations. If we view rules and the rights which they establish as being subject to a ceteris paribus clause, the form of which generates out the exceptions, the conditionality of rights becomes reconcilable with their nondefeasibility. Such a view of rules and rights would entail that the goals of the law and their orderings be considered as a part of the law. When so viewed, propositions about goals and their orderings become legitimate premises for legal reasoning, furnishing solutions to hard cases in the law of torts, without resort to balancing of interests or judicial discretion.     

Civics,Policy, and Demoralization

Civics can be distinguished from policy. Civics concerns basic principles and institutions of political and legal order. Policy concerns specific ways in which particular ends are pursued by the state. Different conceptions of civics involve different views of criminal sanction, its justification, and its aims. The discussion highlights some of the main contrasts between different conceptions of criminal justice and the relation of criminal justice to a more comprehensive conception of justice. However, current carceral practice (in the U.S. and also the U.K.) has several morally objectionable features that impede and erode prisoners’ capacities for participating successfully in civil society. In addition, former prisoners face obstacles that, in effect, continue their punishment after completion of sentence. Those are respects in which current practices cause demoralization. The morally objectionable features of demoralization merit being addressed regardless of the state of the debate between rival conceptions of civics and the relationship of criminal justice to justice more comprehensively understood.     

Law, Morality, Coherence and Truth

Abstract . The author analyzes the relations between truth and law starting from the distinction between practical and theoretical spheres. He shows, first, how moral and legal statements and reasoning are connected with an operation of weighing and balancing different values and principles and how this operation is ultimately based on personal and intuitive preferences and feeling. The criteria developed by the theoretical sciences to define truth (coherence, consensus and pragmatic success) can only be translated into practical statements as criteria of correctness because we cannot affirm that a norm or value statement is true or false. The three criteria become interrelated indices of correctness: They are criteria for rational discourse.     

Symmetry,Rational Abilities,and the Ought-Implies-Can Principle

In Making Sense of Free Will and Moral Responsibility Dana Nelkin defends the “rational abilities view.” According to this view, agents are responsible for their behavior if and only if they act with the ability to recognize and act for good reasons. It follows that agents who act well are open to praise regardless of whether they could have acted differently, but agents who act badly are open to blame only if they could have acted on the moral reasons that counted against their behavior. I summarize the main themes of Nelkin’s theory of responsibility and offer reasons for rejecting the claim that agents are blameworthy only if they could have responded to moral considerations. It is true that wrongdoers who could not have responded appropriately to moral considerations are often excused from blame, but I argue that not all the forms that such incapacity can take will furnish grounds for excuse. In other words, some circumstances that entail that a wrongdoer cannot respond to moral considerations are compatible with that agent fulfilling conditions that are sufficient for moral responsibility.     

Legal,Psychological, and Behavioral Outcomes

States have responded to the public's outrage at rising juvenile crime by revising their transfer statutes to make it easier to transfer juvenile offenders for trial and sentencing in criminal court and possible incarceration in adult prisons. These changing trends in juvenile justice raise three questions about what actually happens to juveniles once they are in the adult criminal justice system. To what extent does trial in adult court and/or incarceration in adult prisons promote or retard community protection, juvenile offenders' accountability, and the development of competencies in juvenile offenders? This article discusses state transfer laws and the legal consequences of criminal court prosecution, and analyzes current research on deterrence effects of transfer laws, conviction and sentencing in juvenile versus criminal court, recidivism rates in juvenile versus criminal court, and conditions and programming in juvenile versus adult correctional facilities. The research findings have two important implications for juvenile justice policy: the number of juvenile cases transferred to criminal court should be minimized, and imprisonment of juveniles in adult facilities should be avoided whenever possible. These implications are discussed, and directions for future research are identified.     

Culture,values, and beliefs about economic justice

We examine the relationship between values and beliefs about economic justice by conducting a cross-cultural analysis. Social values of Americans and West Germans are compared and the relationships between values and beliefs about the fairness of the distribution of business profits are examined. Data are from the 1984 General Social Survey and its West German counterpart, the 1984 ALLBUS; both surveys contain identical value and economic justice items. We find that among citizens in both countries beliefs about the fairness of the distribution of business profits are related to values even when income and education are held constant, but the relationship is stronger in West Germany. For Americans, beliefs about the fairness of the distribution of business profits are related primarily to conservative values (beliefs that greater efforts lead to greater rewards). In addition, the positive influence of conservative values and of income level on fairness judgments is greater for Americans with higher levels of education. For West Germans, beliefs about the fairness of business profits are related both to conservative and to liberal values (beliefs that class divisions persist). In general, economic fairness judgments of West Germans have a strong ideological basis, but polarization associated with differing ideologies is found. Economic fairness judgments of Americans showed both a simpler ideological basis and some relationship to self-interest. The influence of both factors on Americans' fairness judgments seemed to be affected by socialization due to education. Results are discussed in terms of the prevailing economic ideologies in both countries.     

Poverty, Inequality, and City Homicide Rates

Messner's recent investigation of homicide and relative and absolute economic deprivation is replicated here, but cities rather than SMSA's and three years (1950, 1960, 1970) rather than one (1970) are considered. Because of tremendous intra-unit variation for SMSAs with respect to homicides and sociodemographic characteristics (an important variation that is masked when data are aggregated on a SMSA level), cities are a preferable unit of analysis in cross-sectional investigations of homicide. Where M e s m found a significant negative relationship between percentage of poverty (absolute deprivation) and homicides, I consistently find the opposite pattern as predicted. In both studies, however, there is only a slight and nonsignificant relationship between relative economic deprivation (income inequality) and homicides. Unlike Messner, however, I do not consider this finding surprising. At best, there is only a weak theoretical linkage between homicide and relative economic deprivation. Accordingly, the results of this investigation for both absolute and relative deprivation are neither "perplexing" nor do they warrant the "serious reconsideration of the linkages between poverty, inequality and the homicide rate" that Messner (1982: 112) calls for.     

Race,Neighborhood, and Drug Court Graduation

This research examines the possibility that racial disparities in drug court graduation are attributable to individual-level employment or education or to neighborhood-level disadvantage. Individual-level data on 455 drug court clients and neighborhood-level census and police incident data are joined geographically. Drug court graduation is modeled using multilevel logistic regression. In a model with no neighborhood-level indicators, client race, employment, and education all predicted drug court graduation. When neighborhood-level variables are introduced, client-level race drops from significance but employment and education remain significant predictors of graduation. Client race, then, appears to be an indirect indicator of neighborhood disadvantage, while client employment and education remain important individual-level predictors of drug court graduation. These results support further analysis of neighborhood-based barriers to drug court graduation and the development of drug court programming that can address neighborhood-based challenges.     

Desert,retribution, and corporate criminality

The role of commensurate deserts in the punishment of corporations and their agents has received little attention to date. Those who have written on desert and corporate crime dismiss it on the grounds that retributive rationales, which incorporate notions of desert, are not applicable to corporate offenses and because desert, with its focus on the moral opprobrium attached to criminal conduct, is not fitting for offenses which are regulatory and thus “morally neutral.” This essay argues that although retribution is a viable justification for corporate punishments, it need not be the only or even the primary justification for punishment for desert to be applicable in the distribution of corporate sanctions. It also questions the position of moral neutrality, citing empirical evidence of the public's perceptions of the seriousness of corporate criminal activity.     

Federal laboratory missions,products, and competitiveness

A number of initiatives over the past decade have tried to increase the federal laboratory system's impact on U.S. competitiveness, largely based on assumptions that the system is a reservoir of readily available technology appropriate to industry's competitive needs. However, there is a virtual absence of empirical data on the nature of research and development in the national laboratory system and the character of its R&D “products.” This paper reviews the limited data on R&D in the national laboratory system available from the General Accounting Office, the National Science Foundation, and the National Comparative Research and Development Project. The findings suggest that technologies available within the system are likely to emerge from the most strongly mission-oriented R&D, and are therefore the least likely to spin off and diffuse throughout the industrial base. Once the hardware needs of the Department of Defense (DOD), the Department of Energy (DOE), and the National Aeronautics and Space Administration (NASA) are excluded, most of the system's R&D output is fundamental knowledge, which flows through public domain literature and requires substantial additional processing to become commercial products. The implications are (1) there is no reason to believe the current federal laboratory system can directly enhance U.S. competitiveness; (2) in order for labs to contribute to competitiveness, they must have more explicit missions to do so; and (3) policy expectations of commercial impacts are inconsistent with policy requirements that labs conduct precommercial basic and applied research.     

Trade specialization, export productivity and growth in Brazil, China, India, South Africa, and a cross section of countries

The paper analyses the patterns of export productivity and trade specialization profiles in Brazil, China, India and South Africa, and in other economic groupings and regions. Various measures of trade specialization and a time varying export productivity indicator are estimated using highly disaggregated export data. The findings reveal that there are important differences in the export productivity and specialisation patterns across countries and regions. Export productivity??and export sophistication??are in line to that of wealthier and more advance economies. The results further confirm the importance of not just the volume of exports, but the type of specialisation patterns.     

Employment,age, race,and crime: A labor theoretic investigation

The fundamental objective of this paper has been to reinvestigate the relationship between employment and crime, while taking account of deterrence, age and race effects. The data, a sample of Brooklyn arrestees, was collected by the Vera Institute of Justice simply to explore, with individual data, the relationship between employment and crime. In this research, a labor theoretic formulation is used incorporating a model that views the problem as one of rational choice between legitimate work and participation in crime. Factors affecting the diminution of crime participation with age are investigated. Changes at age 18 in economic opportunities and in deterrence effects from moving from juvenile to adult status are found to have a significant impact on crime participation. The results are important because they tend to confirm with official crime report data, results found in earlier studies using self-report data, i.e., (1) when the process is appropriately modeled, previous contacts with police are found to cause some experimenters with crime to become desisters, (2) prior work experience and economic opportunities tend to reinforce this tendency to desist, (3) even though blacks are found to have a greater prevalence of involvement in crime, when the data are standardized for all of the aforementioned factors and educational attainment, there is no significant difference between blacks and whites in their tendency to recidivate.