Particular Rights and Absolute Wrongs: Giorgio Agamben on Life and Politics

Over the past decade, as human rights discourses have increasingly served to legitimize state militarism, a growing number of thinkers have sought to engage critically with the human rights project and its anthropological foundations. Amongst these thinkers, Giorgio Agamben’s account of rights is possibly the most damning: human rights declarations, he argues, are biopolitical mechanisms that serve to inscribe life within the order of the nation state, and provide an earthly foundation for a sovereign power that is taking on a form redolent of the concentration camp. In this paper, I will examine Agamben’s account of human rights declarations, which he sees as central to the modern collapse of the distinction between life and politics that had typified classical politics. I will then turn to the critique of Agamben offered by Jacques Ranciere, who suggests that Agamben’s rejection of rights discourses is consequent to his adoption of Hannah Arendt’s belief that, in order to establish a realm of freedom, the political realm must be premised on the expulsion of natural life. In contrast to Ranciere, I will argue that far from sharing the position of those thinkers, like Arendt, who seek to respond to the modern erosion of the borders between politics and life by resurrecting earlier forms of separation, Agamben sees the collapse of this border as the condition of possibility of a new, non-juridical politics.

The Politics of Caesura: Giorgio Agamben on Language and the Law

The concept of division or caesura is central to the political and legal philosophy of Giorgio Agamben. This paper examines the different ways in which Agamben characterises the law in terms of caesura, and the manner in which this analysis of law is grounded in his analyses of language. I argue that there are two forms of legal division to be found in Agamben’s political analyses. The first is the division that occurs when the legal system produces determinate identities, such as those of nation, and socio-economic status. However, this form of division is itself predicated upon the division that delimits the law as such, the caesura between political and bare life. The way that Agamben sets up both of these political problems is deeply indebted to his analyses of the ‘presuppositional structure’ of metaphysical language—the fracture between signification and its excess.

Race,masculinity, and boot camp failure

Black men, especially those in the lower-class are stereotyped as hypermasculine. Such stereotypes may affect placement in criminal justice programs as well as whether offenders successfully complete programming given placement. This article considers whether the intersection of class and race affect boot camp failure. Using data from MacKenzie’s evaluation of correctional boot camps, results show that neither race, nor the interaction of race with indicators of orientation towards decent or street behavior has any effect on dropping out of boot camp. What is significant in predicting boot camp completion is the offender’s belief prior to beginning the program that he is “tough enough” to handle the institution. However, this result is opposite of expected for black men. The implications of this result and future directions are considered.

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Researching the use of force: the background to the international project

This article provides the background to an international project on use of force by the police that was carried out in seven countries. Force is often considered to be the defining characteristic of policing and much research has been conducted on the determinants, prevalence and control of the use of force, particularly in the United States. However, little work has looked at police officers’ own views on the use of force, in particular the way in which they justify it. Using a hypothetical encounter developed for this project, researchers in each country conducted focus groups with police officers in which they were encouraged to talk about the use of force. The results show interesting similarities and differences across countries and demonstrate the value of using this kind of research focus and methodology.

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UNFCCC negotiations (pre-Kyoto to COP-9): what the process says about the politics of CDM-sinks

One of the most contentious issues in the negotiations aimed at operationalizing the Kyoto Protocol was the treatment of sinks and, particularly, the eligibility of sinks projects in the Clean Development Mechanism (CDM). This paper attempts to analyse the politics underlying these negotiations, drawing on methods of process tracing, key informant interviews, negotiating texts and secondary literature. Tracing the sinks debate and highlighting key lessons about the nature of global environmental agreements and their institutional arrangements is the first step to recounting the history of the politics of one of the major contemporary international environmental debates. The paper shows that the Kyoto Protocol negotiations on sinks and CDM-sinks were multilaterally supported as a practical solution, but went ‘off track’ due to actors’ interests and tradeoffs. As regards future negotiations on forest sinks in developing countries under the framework of the UNFCCC, the paper argues that these are likely to be influenced by similar constraints, and also by the conservation and development agenda of its supporters; as well as the experience gathered on the CDM and the interests and concerns of developing countries. We broadly frame the paper within the literature on global environmental politics.

Institutionalized corruption: power overconcentration of the First-in-Command in China

Among various kinds of corruption in China, corruption of the First-in-Command (FIC) is most pernicious, threatening the legitimacy of the Chinese Communist Party and the stability of the state. This paper examines several specific institutional arrangements under China’s current political structure, including the people’s congress, the ruling party system, and the collective leadership team system, to see how they have contributed to power overconcentration in the hands of FICs. This is done in a two-round process: first through the collective leadership team and then by the gestating decision-making rule. The paper also assesses four institutional innovations designed to prevent FIC corruption.

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Old wine in new bottles: a county-level case study of anti-corruption reform in the People’s Republic of China

This paper examines the role of the target-based responsibility system for building upright Party style and clean government in combating corruption in local China. It argues that the effectiveness of the target-based responsibility system in corruption control is compromised by a number of implementation hurdles in practice. Based on a close examination of one county, Shaanxi Province in the northwest China, this study shows that low measurability of the targets, the conflict between anti-corruption work and other evaluation targets, and the impact of patronage politics account for the implementation failure of the target-based responsibility system. The fundamental problem lies in that under China’s unified cadre personnel management system, political will can interfere with the handling of corruption on a case-by-case basis, no matter what kind of anti-corruption mechanism is employed. Under this context, the adoption of the target-based responsibility system in fighting corruption results in nothing more than “pouring old wine into new bottles.”

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Conversations with Russian mafiosi

Open interviews and unplanned conversations with criminals are an important part of ethnographic research in criminology. This paper presents an analysis of conversations with members of Russian criminal groups. An attempt is made to explore the value of these informal interviews, the danger of informal contacts with criminals, and the reliability of the information received.

Crime and punishment: an expressive voting view

Incarceration rates in many countries (the US and Australia among them) have risen spectacularly over the last twenty years and are only partially explicable by increases in crime rates. Moreover, in some countries where crime rates have shown a comparable time-path, incarceration rates have not shown the same spectacular increase. The aim of this paper is to explore the politics of punishment. The claim is that the US and Australian experiences are best understood in terms of political considerations; and that this fact lends some support to the “expressive” as distinct from the “interest” approach to electoral behaviour.

Treating Life Literally

This essay is a study of three texts written by the psychoanalyst Wulf Sachs. These texts hold an important lesson about the psychoanalytic turn in jurisprudence. Their attempt to extend psychoanalysis’s frontiers to fight the legalization of racism in pre-apartheid South Africa recoils upon itself, stripping self-evidence from the singular constellation of law, life, language, and sovereignty psychoanalysis derives from ancient and modern tragedy and formalizes into a discipline. Even as Sachs’s trilogy turns to psychoanalysis to critique the legalization of racism, it also points to the limits of psychoanalysis itself as a paradigm for the study of law.

Writing the Rwandan Genocide: The Justice and Politics of Witnessing after the Event

This paper tries to read together three texts that refer to the Rwandan genocide and to draw attention to certain paradoxes that emerge from the way in which the texts might be said to talk to and past each other. The overall intention is to throw light on the complications in witnessing such an event, and to themes of justice and politics that arise.

Singing the same tune? International continuities and discontinuities in how police talk about using force

This article focuses on a research project conducted in six jurisdictions: England, The Netherlands, Germany, Australia, Venezuela, and Brazil. These societies are very different ethnically, socially, politically, economically, historically and have wildly different levels of crime. Their policing arrangements also differ significantly: how they are organised; how their officers are equipped and trained; what routine operating procedures they employ; whether they are armed; and much else besides. Most relevant for this research, they represent policing systems with wildly different levels of police shootings, Police in the two Latin American countries represented here have a justified reputation for the frequency with which they shoot people, whereas at the other extreme the police in England do not routinely carry firearms and rarely shoot anyone. To probe whether these differences are reflected in the way that officers talk about the use of force, police officers in these different jurisdictions were invited to discuss in focus groups a scenario in which police are thwarted in their attempt to arrest two youths (one of whom is a known local criminal) by the youths driving off with the police in pursuit, and concludes with the youths crashing their car and escaping in apparent possession of a gun, It might be expected that focus groups would prove starkly different, and indeed they were, but not in the way that might be expected. There was little difference in affirmation of normative and legal standards regarding the use of force. It was in how officers in different jurisdictions envisaged the circumstances in which the scenario took place that led Latin American officers to anticipate that they would shoot the suspects, whereas officers in the other jurisdictions had little expectation that they would open fire in the conditions as they imagined them to be.

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Language, Culture, and Behavior in Prison: The Israeli Case

The current study describes the everyday life of Israeli prisoners and analyzes the actions they perform and the language they use as a reflection of their constraints, distresses, worldviews, beliefs, and attitudes. Data were subjected to a content analysis, and the salience of the values, norms and argot terms were assessed using two measures, attention and intensity. The inmates’ values and norms and the argot expressions were divided into categories with reference to different aspects of prison experience: prisoners’ adherence to the code, inmates’ interpersonal loyalty, sexual behavior in prison, drugs, violence and miscellaneous.

Thinking Critically About Rural Gender Relations: Toward a Rural Masculinity Crisis/Male Peer Support Model of Separation/Divorce Sexual Assault

After decades of neglect, a growing number of scholars have turned their attention to issues of crime and criminal justice in the rural context. Despite this improvement, rural crime research is underdeveloped theoretically, and is little informed by critical criminological perspectives. In this article, we introduce the broad tenets of a multi-level theory that links social and economic change to the reinforcement of rural patriarchy and male peer support, and in turn, how they are linked to separation/divorce sexual assault. We begin by addressing a series of misconceptions about what is rural, rural homogeneity and commonly held presumptions about the relationship of rurality, collective efficacy (and related concepts) and crime. We conclude by recommending more focused research, both qualitative and quantitative, to uncover specific link between the rural transformation and violence against women. This paper was presented at the 2006 annual meeting of the American Society of Criminology, Los Angeles, California. Some of the research reported here was supported by National Institute of Justice Grant 2002-WG-BX-0004 and financial assistance provided by the College of Arts and Sciences and the Office of the Vice President for Research at Ohio University. Arguments and findings included in this article are those of the authors and do not represent the official position of the US Department of Justice or Ohio University. Please send all correspondence to Walter S. DeKeseredy, e-mail: walter.dekeseredy@uoit.ca. All of the names of the women who participated in DeKeseredy and colleagues’ rural Ohio study and who are quoted have been changed to maintain confidentiality.

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Excuses in law and in morality: a response to Marcia Baron

In this analysis of Marcia Baron’s account of excuses, I seek to do two things. I try to draw out the nature of the distinction between forgiving and excusing. I also defend the distinction between excuses (like duress), and denials of responsibility (like insanity).

Torn between two targets: German police officers talk about the use of force

Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany, the article presents the results of an empirical study on the individual and collective legitimization of the use of force by German police officers. There are numerous justifications for the use of force expressed by focus group participants in eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups, reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence, the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur, although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions, it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They have different influences on the individual legitimization of police actions, intertwined with the perception of the situation as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification for the use of force.

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The effect of informal industry contacts on the time university scientists allocate to collaborative research with industry

We ask whether informal interactions between university and industry scientists result in collaborative research. Using data from a national survey of tenured and tenure-track scientists and engineers in U.S. research extensive universities, we demonstrate that university scientists’ informal interactions with private sector companies increase both the likelihood and intensity of collaborative research with industry.

Arson and the Special Part

This commentary on Michael Cahill’s Grading Arson argues that Cahill’s analysis inevitably leads to three possible conclusions. First, arson does not belong in criminal codes. Second, crimes of manner do not belong in criminal codes. And, third, the special part needs serious reconsideration. Although Cahill is reticent to draw any of these conclusions, this commentary urges Cahill to embrace all three.

Community Support and Diversionary Measures for Juvenile Offenders in Hong Kong: Old Legacy, New Age

This paper begins by examining the arguments that led to the change of emphasis from residential training and detention to community-based measures in Hong Kong. Police cautioning and community support services are introduced. An evaluation of the services provided found that the majority of respondents reported high levels of satisfaction with them. It is likely that the services exerted positive influences on the respondents’ deviant behaviour, family values and sense of social responsibility, but one-fifth of them continued to commit deviant acts. Parents’ participation was not high. Young offenders rarely took responsibility for the offence they committed or understood the harm they had done to victims, and victims were not involved in deciding the intervention plan. The conclusions raise issues about the future for Hong Kong. They consider new diversionary strategies for responding to young people and debate the values that should underpin them.

Criminal victimization in contemporary China: a review of the evidence and challenges for future research

The rapid economic growth in China over recent decades has been accompanied by higher levels of crime, but there have been few studies of the Chinese experience of criminal victimization. A recent victimization survey of a representative sample of households in Tianjin represents a major effort to fill this gap in the literature. The present paper reviews the research based on the Tianjin survey along with other studies of crime and criminal victimization in China that have been published since 1990. We summarize the major findings, discuss the theoretical perspectives and methodological strategies that have been applied, identify the limitations of the research to date, and offer suggestions for future research.

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