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1.
In this essay, one of Derrida’s early texts, Plato’s pharmacy, is analysed in detail, more specifically in relation to its reflections on writing and its relation to law. This analysis takes place with reference to a number of Derrida’s other texts, in particular those on Freud. It is especially Freud’s texts on dream interpretation and on the dream-work which are of assistance in understanding the background to Derrida’s analysis of writing in Plato’s pharmacy. The essay shows the close relation between Derrida’s analysis of Plato’s texts and Freud’s study of the dream-work. The forces at work in dreams, it appears, are at play in all texts, which in turn explains Derrida’s contentions in relation to the pharmakon as providing the condition of possibility of Plato’s texts. The essay furthermore points to the continuity between this ‘early’ text of Derrida and his ‘later’, seemingly more politico-legal texts of the 1990s. A close reading of Plato’s pharmacy, with its investigation via ‘writing’ of the foundations of metaphysics, and thus also of the Western concept of law, is obligatory should one wish to comprehend how Derrida attempts to exceed the restricted economy of metaphysics through his analysis of concepts such as justice and hospitality.  相似文献   

2.
This article examines possible reasons for the dramatic rise in Chinese juvenile delinquency rates that have occurred since the start of economic reform. The article focuses on the degree to which relatively recent modifications in the ideology and practice of Chinese communism have engendered new social pressures and strains on young people. Delinquents’ social values are compared with those of non-delinquent youth, drawing heavily from data collected in a longitudinal birth cohort study. The dataset is assessed for evidence of subterranean values; i.e., subculture-based reflections of principles found within the dominant political culture; based on the theory that youthful deviance and delinquency in China are fueled primarily by the relatively rapid diffusion of often-contradictory market-based precepts. The lingering impact of Maoism is also assessed, particularly with regard to incongruous ideological influences on youth.
David DrisselEmail:
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3.
With varying degrees of enthusiasm, federal, state, and local governments had been investigating and prosecuting gangsters since the late nineteenth century. Despite this relatively long history, the primary interpretation of the Apalachin arrests lay in the belief that the New York State Police had uncovered proof of the existence of organized crime. This essay investigates the reasons why there seemed to be an ongoing need to prove its existence, concluding that organized crime came to be defined within the cultural and political agendas of Cold War America. Drawing on media accounts, government documents, archival sources, and popular non-fiction, this essay argues that rather than the conclusive proof of the mafia, Apalachin is best viewed as an exhibit in an ongoing argument about the existence and meaning of organized crime.
Lee BernsteinEmail:

Lee Bernstein   Associate Professor of History at SUNY—New Paltz. He is the author of The Greatest Menace: Organized Crime in Cold War America.  相似文献   

4.
5.
The recent political debate concerning the influence of corruption on the new economic order in the People's Republic of China is unique not only for its detailed and public manifestations, but also because it works around the acceptance of some degree of corporate private ownership of the means of production within China. The concern for corruption in Chinese government and commerce is not, of itself, novel.We prefer in this paper briefly to focus on the economic and political environment from within which this concern has been generated, to comment on the significance for the Government of the PRC in associating the pall of corruption with the undermining of more capitalist economic reform, and then to examine how the legal definitions and controls on corruption have been transformed to complement a new political agenda. Associated with this, it has been necessary to advance some rather tentative predictions concerning the development of new anti-corruption initiatives in the PRC, their justifications, and pressures on the economic transition which is said to be corruption generative.Speculation about the future face of economic corruption in China is of limited value when one is interested in questions of regulation and control. As the definition, indication and interpretation of corruption is a political process which may pay little regard to realistic indicators, so too the creation of control initiatives may not be dependent on predictions of actual developments in graft. We have endeavoured to show that recent regulatory programmes in the PRC themselves indicate much about the commercial contradictions that underly the new economic order, as well as evidencing the socio-legal dilemmas inherent in anti-corruption official discourse.  相似文献   

6.
The question considered is whether it is possible to trace a theoretical strategy for a criminal policy on the basis of Marx's work. The answer offered is that Marxian political and economic analysis does not supply any general theory of criminality and that any attempt to formulate such a theory (as in Lenin, Paukanis or Gramsci) necessarily leads to authoritarian and regressive conceptions of crime and punishment. Nevertheless the authors maintain that it is possible to trace three theoretical suggestions within Marxian thought which allow of a fruitful approach to the criminal question. The first suggestion relates to the economic roots of many aspects of modern criminality; the second regards the Christian and bourgeois superstition of moral liberty and individual culpability; the third suggestion deals with the lack of a guaranteed social space as the prime root of crime. These theoretical suggestions permit clarification of the social character of penal responsibility and this character points to the need for the socialization (but not deregulation) of criminal treatment.This essay grew out of a reply to a questionnaire drawn up by La questione criminale, an Italian review which tries to approach the criminal question from a Marxist standpoint.  相似文献   

7.
In order to elucidate some of the ways in which critique and subjectivity become inextricably linked in Foucault’s oeuvre, the paper proceeds first by briefly discussing the concept of critique as limit-attitude as it appears in some of Foucault’s methodological writings. Subsequently, the main tenets of Judith Butler’s commentary on the essay ‘What is Critique?’ will be summarized, concentrating on the image of the virtuous, self-making subject that the author’s interpretation brings out of Foucault’s original text. The second part of the paper aims to develop an alternative reading of Foucault’s notion of critique by looking at the ways in which the notion of space operates as an underlying perspective in his archaeological analysis. Ultimately, it will be shown how the spatial implications of Foucault’s early works and a more passive form of subjectivity as unfolding from his discussion of the ‘author function’ and his own methodological reflections coalesce into a form of practical critique, which, as wished by the author, may take ‘the form of a possible transgression’ (Foucault 1984a, p. 45).  相似文献   

8.
This essay seeks to specify some of the social–psychological determinants that led to the mobilization of deadly state crime in the Latin American authoritarian state context. The Mexican case provides an interesting case in which to specify some of these determinants because hundreds of leftist political party militants, often engaged in legal activities, have been gunned down by state agents (the police, the military, local politicians associated with the dominant party-state) or indirectly by hired guns on behalf of state leaders Schatz. S. (Research in Social Movements, Conflicts and Change, 23:255–295, 2001). I argue, in the Mexican case, the leadership authorization of destructive behavior was the critical activating historical condition activating deadly state crime because it created a permissive social milieu that allows for the utilization of more extreme forms of violence including the use of political assassination as a mode of social control. This permissive social milieu was, of course, aided by a passive legal system that generated the almost complete lack of penalties for state-sanctioned brutality. While none of these determinants alone may be sufficient to produce a wave of political–electoral homicides, when they all combine, it makes such destructive behavior very likely to occur.  相似文献   

9.
Richard Tuck locates a conundrum in the Hobbesian world view. Whereas the nation-state is desired to effect the pacification of the domestic sphere, a world state and the promise of global pacification is feared. Kant’s strong program for perpetual peace is presented as a moral imperative to establish through legal means a world republic based on reason and individual autonomy. Kant emphasizes the empirical impossibility of a world republic and hence advocates the weaker program of a world federation of states. This essay argues not the empirical but the logical impossibility of Kant’s strong program and by extension any program of perpetual peace that claims to be essentially different from ‘mere’ peace as truce. In so doing this essay distinguishes between political theory based on the assumption of the ontological priority of peace and political theory based on the assumption of the ontological priority of violence and argues for the necessity of thinking the latter.
William RaschEmail:
  相似文献   

10.
This essay argues for the centrality of the study of paradoxes of particularity and universality in the interface between law and politics in modernity. Particularly, in order to understand the process of constitution of a political collective and the role of supernumerary elements that re-enter a constituted legal-political system. After introducing the question of paradoxes or antinomies in the relation between law and politics in modernity, the essay engages with current understandings of exceptionalism and the possibility of a leftist or ‘real’ suspension of the law. In order to do so, this essay makes full use of certain theoretical tools developed in anthropological accounts of political and legal processes, and current French-oriented and Latin American political philosophy.  相似文献   

11.
This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity, mutual respect and responsibility fits best with a democracy under the rule of law.
René FoquéEmail:
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12.
Recently an increasing amount of violent racism has been directed at foreigners in Germany. Current theoretical explanations are deficient because they fail to recognize the historical role of the political culture. This paper argues that political elites are responsible for initiating rhetoric and policy that has created an environment where xenophobic and racist violence can flourish. Positive normalization is defined as a process for the neutralization of the violent Nazi past and the reconstruction of a German nationalist identity. Negative normalization is described as responsible for the decriminalization and trivialization of xenophobic and racist violence. It is argued that unless changes within the German political culture are taken into account, criminological perspectives on the current situation will inevitably be limited.  相似文献   

13.
The present essay analyses Athenian finances during the fourth century BC, the ‘Age of Demosthenes’, from both the revenue and expenditure points of view. It examines how Athenians practiced the concept of ‘economic democracy’ on matters of public choice, and the sometimes ingenious solutions they adopted for financing public goods such as defense, education and ‘social security’. Ancient Athens, the ‘prototype’ political democracy, was advanced also in matters of public administration, finance and institutions, on which political democracy was based and without their smooth running could not have functioned.
Nicholas KyriazisEmail:
  相似文献   

14.
Situational crime prevention has been met with considerable scepticism from academic criminologists primarily for its indifference to social welfare. It has been seen as contributing to a law-and-order agenda with its focus on making public places secure for business and as supplanting social welfare policies as means of responding to crime. But situational crime prevention contributes more to social welfare than sceptics allow and its advocates (may) believe. Situational crime prevention has enjoyed its fullest and robust expression, not in the free-market, neo-liberal environment of America, but within the leading welfare states of Norway, Sweden and Denmark. This essay considers the politics of the situational approach, the alleged benefits of social crime prevention, criminalisation of social policy, unplanned social welfare benefits, assumptions about the role of business, and concerns about privacy, surveillance and control. The discussion centres on the European experience: the UK, France, The Netherlands and the Nordic countries.
Paul KnepperEmail:
  相似文献   

15.
Crises are interpreted facts. Thus the sociological term crisis implies that a certain period of economic and political development has been in practice already interpreted as a crisis. Therefore the comparison between the crises 1929 ff. (the beginning of the first world economic crisis and the beginning of the destruction of the first Austrian Republic) and 1974 (the first oilprizeshock and the end of full employment in Western Europe) in Austria must consider two dimensions. First, the authors compare some key-data of the economic and political development. Second, they compare interpretations of the crises by analyzing articles from two Austrian newspapers in each period. The comparison shows-as expected-important differences between the two crises. But it also draws the attention to some unexpected similarities.  相似文献   

16.
This paper offers some reflections on how to develop more effective policies against crime, drawing on more than 10 years of research experience on the international drug problem. The paper begins by trying to illustrate the so-called justice gap in the world, and explain why an institution such as the United Nations has a comparative advantage in closing that gap. It then details four lessons that the author has learnt from his own personal experience as head of research in the United Nations International Drug Control Programme, now called the United Nations Office on Drugs and Crime: (i) measure, count, and keep counting; (ii) publish or perish, either in inter-governmental default, or in public hysteria; (iii) limit the dangers of committing the euphemistic fallacy; and (iv) divorce research and policy, because research is policy-dependent; make research policy-relevant, and re-marry it to policy. Finally, the paper tries to show how these lessons can be applied in related areas and used as good practice in research on crime.  相似文献   

17.
Several years into the occupation of Iraq, there remain questions as to that nation’s relative sovereignty. Given the degree of political, economic, and military control by the US government, numerous commentators characterize Iraq as a neocolonial state. Indeed, the design for nation-building has been firmly established by external rather than internal forces; those developments invite closer scrutiny into the nature of power in a post-9/11 world. Accordingly, this critique sets out to explore the conceptual underpinnings of neocolonialism by turning critical attention to discourse and biopower shaping the reconstruction of Iraq. The analysis similarly attends to state crime, especially controversial economic tactics banned under international and federal laws. So as to contextualize those violations within a broader social and legal framework, the discussion considers the significance of states of exception and institutionalized impunity. Foucault’s writings figure prominently among these reflections on order, governmentality, and power. Nonetheless, in an effort to contribute to a wider theoretical agenda for critical criminology, the article also draws on other interdisciplinary sources, including Agamben (State of exception, 2005), Gregory (The colonial present: Afghanistan, Palestine, Iraq, 2004) and Hardt and Negri (Empire, 2001; Multitude: War and democracy in the age of empire, 2004).
Michael WelchEmail: URL: www.professormichaelwelch.com
  相似文献   

18.
To date, internecine violence in the Darfur region of Sudan has claimed the lives of 400,000 civilians (Coalition for International Justice March 2006); more than 2 million people have been displaced and countless more have been raped, robbed, intimidated and suffered other depredations of a collapsed social structure. The origins and continued enactment of the conflict is far more complex than is currently reflected in either the discourse of the Sudanese government or international political actors. In this paper, the authors present a rich history of the conflicts within the Darfur region of Sudan while drawing upon the extant state crime literature to both conceptually frame and theoretically illuminate the genocide. Through such an examination, not only does the paper present a holistic assessment of the multitude of social forces and conditions behind the events, but also extends the existing literature on both state criminality and genocide.
Christopher W. MullinsEmail:
  相似文献   

19.
This essay considers the evolution of Hegel's political and legal theory with respect to the emergence of a classical liberal society and modern natural law. I argue that Hegel abandoned his early concerns which focused on a revival of the Greek polis and ethics over legality and refocused his efforts at reaching a modern form of ethical life predicated on the acceptance of classical liberal society and modern natural law. I try to argue that Hegel wanted to achieve a present-day communal ethics without abolishing the modern individual subject endowed with rights. However, I seek to draw attention to Hegel's criticism of empirical individualism and social atomism.  相似文献   

20.

Objectives

Using household survey data from three major cities in foreign countries, we add to research concerning General Strain Theory (GST) by focusing on aspects that have been ignored or under-researched. First, we address questions concerning SES variations in the operation of the processes of GST, with particular focus on whether various relationships specified by the theory are more likely in the lower SES group. Second, we explore the extent to which prior coping strategies influence subsequent coping choices. Finally, we seek to determine the links between SES, coping histories, and subsequent coping choices.

Methods

The study analyzes the effects of past and contemporaneous strain/negative emotions and prior coping efforts on various coping strategies across three SES groupings using negative binomial, ordered logit, and OLS regression.

Results

We find that, with some variations, the basic processes of GST are operative across all SES categories. However, whereas strain appears to have a moderate association with alcohol-related and criminal coping strategies, avoidant coping appears to be largely irrelevant for anybody who faces strain. Our data also demonstrate that specific forms of prior coping partially influence the types of coping employed later. But, with few exceptions, these effects are not more pronounced among those of lower SES.

Conclusion

In sum, our findings suggest that individuals in various SES groupings may prefer certain types of coping, whereas different types of attempted coping may predispose individuals to specific forms of subsequent adaptation.  相似文献   

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