Federal criminal justice legislation and the post-World War II social structure of accumulation in the United States

This article explores the relationship between the political economy and the criminal justice system through an analysis of the impact of long economic cycles in the social structure of accumulation on U.S. federal criminal justice legislation from 1948 to 1987. An analysis is conducted which compares both qualitative and quantitative changes in these legislative acts from the period of economic expansion (1948 to 1967) to the period of contraction (1968 to 1987). The research findings of this investigation indicate that mechanisms of social control intensify during periods of prolonged economic contraction; however, the concept of an exceptional state, with a proportional increase in more coercive crime control strategies, is somewhat challenged.Earlier versions of this paper were presented at meetings of the American Society of Criminology (1988, 1989, 1990).     

The Penalisation of Poverty and the rise of Neo-Liberalism

This article explicates and extends the analyses put forth by the author in his book, Prisons of Poverty, which argues that the generalised increase of carceral populations in advanced societies is due to the growing use of the penal system as an instrument for managing social insecurity and containing the social disorders created at the bottom of the class structure by neo-liberal policies of economic deregulation and social-welfare retrenchment. It retraces the steps whereby this neo-liberal penality was elaborated in the United States and then diffused throughout the world, but contends that European countries are not blindly following the American road to mass imprisonment: Europe's path to the penal state entails the conjoint intensification of both social and penal treatments of poverty and the activation of the policing functions of welfare services leading to a form of social panoptism. Only the building of a Europe-wide social state can check the spread of the penalisation of poverty and its deleterious social consequences.     

A Systems Approach to the Concept of Demographic Legislation

In the Report of the CPSU Central Committee to the Twenty-fifth Congress, it is stated that "development of an effective demographic policy is an important task for a whole range of natural and social sciences." Jurisprudence has a considerable role to play in developing and reinforcing the major propositions of a national demographic policy. The present period is characterized by the spread of family planning, i.e., conscious control of the number of children in the family in accordance with the reproductive attitude of the parents. The character of the attitude - the felt psychological need to have a given number of children - is in many respects governed by social norms. The demographic effect of the totality of normative documents influencing population dynamics and comprising demographic legislation cannot be assured, in our opinion, without taking into account the concepts and requirements of the systems approach. The systems approach to legal regulation of social relationships facilitates thorough analysis of the interrelations between legal and other social phenomena and provides the opportunity to discover the integrative connections, consideration of which in many ways determines the effectiveness of the requirements stated in norms. Systems analysis as a methodological approach identifies the systems concepts inherent in the object under study. Its basis is the proposition that "the specific character of a complex entity (system) is not exhausted by the features of the elements comprising it but is rooted above all in the nature of the connections and relations among particular elements," and the object of research itself is "a hierarchical, polystructural, multilevel entity." (1)     

The Social Life of Regulation in Taipei City Hall: The Role of Legality in the Administrative Bureaucracy

This article explores the role of legality in conceptions of state and society among bureaucrats in the Taipei, Taiwan city government. When administrators confront the global arena, the existence of law emblematizes modernity and the ability to participate in the international system. In interactions among administrators, law is laden with impossible ideals and fraught with assumptions of hypocrisy. In dealings with people outside the government, legality often signals the breakdown of other, more valuable social norms. Far from legitimating administrative action, legality itself is legitimated by reference to the same values as other social action: it is held up to an ideal of consensus and cultural coherence and judged by its ability to fulfill obligations and nurture relationships. Law does not hegemonically structure administrators’ conceptions of state and society. Rather, it defines one aspect of governance at the margins of legitimacy, dependent on justification through other ethical norms.     

Contradictions, Law, and State Socialism

The relationship of law to antagonisms and contradictions within state socialism is explored from a Weberian and a Marxian perspective. Examining legislation, court decision making, legal control of economic behavior, and law enforcement reveals contradictions between (I) a radical participatory ideology versus muted or extinct civil society; (2) the ideology of comprehensive planning versus the impotence of law; (3) strategies aiming at total control of public life versus the emergence of a niche society outside the reach of the state; (4) regulatory norms versus the functional necessity of norm-breaking behavior; (5) reliance on a revolutionary sense of justice versus the cultivation of "doublethought"; (6) a program of total control of economic behavior versus the emergence of deviant, even criminal, forms of organization to fulfill functionally necessary but ideologically unapproved economic tasks; and finally, (7) two distinct practices of law, responsive or postliberal versus repressive. Yet, contradictions typically did not lead through conflict to subsequent reform during the state socialist era, as conflicts were repressed. When reforms were attempted, they furthered conflict and system breakdown.     

Twenty-First Century Punitiveness: Social Sources of Punitive American Views Reconsidered

Objectives

This study considers the social determinants of twenty-first century punitive American views.

Methods

Using General Social Survey data for 2000 and 2014, this research seeks to replicate Unnever and Cullen’s analysis of the determinants of punitive American views in 2000, extend their analysis to consider animus toward the poor as a predictor of punitive views, and consider the social foundations of punitiveness in 2014.

Results

Our analysis replicates Unnever and Cullen’s (Criminology 48: 99–129, 2010) findings for 2000 and identifies previously obscured indirect effects of anti-Black racial stereotypes on punitiveness. In our extension analyses, animus toward the poor was a significant predictor of punitiveness in 2000. For 2014, we find that anti-Black racial resentment, animus toward the poor, and social anxiety significantly predicted both support for the death penalty and the belief that courts are not harsh enough.

Conclusions

The social sources of American punitive views have not shifted fundamentally in the last 15 years. Both racial resentment and animus toward the poor have been and remain powerful predictors of punitive American views in the twenty-first century, controlling for other factors.

     

Integrating societal and psychological rules of entitlement: The basic task of each social actor and fundamental problem for the social sciences

A preliminary statement of a theoretical framework integrating psychological and societal determinants of justice in human affairs is presented. It is proposed that the social structure provides the rules of entitlement and decision making that regulate the course of routine social interaction. These societally based norms are representable in people's conscious thought processes. By contrast, the psychologically generated rules of entitlement, typically contradict conventionally accepted rules of thought and discourse and thus remain unconscious. The major part of the discussion considers the motivationally important circumstances that engage the unconscious psychologically compelling determinants and how their appearance in behavior is both shaped and legitimized by the situationally prevailing normative context. The final section considers some of the more important methodological, theoretical, and social policy implications of this social psychological theory of entitlements.     

A Reevaluation of the New York Court of Appeals: The Home, the Market, and Labor, 1885-1905

Closely examining a range of New York Court of Appeals police-power cases during the period 1885 to 1905, this article demonstrates that the New York Court had a long history of accepting and continually expanding the police power. In these police-power cases, one finds the court grappling with an evolving sense of how to balance the concept of and need for a well-regulated society against the rights of an individual in an increasingly complex and interconnected world, as well as a tenacious refusal to abandon Victorian bourgeois norms regarding the dichotomy between the home and workplace. By contextualizing and historicizing New York Court of Appeals cases, the article challenges the dominant historiographical interpretations about late-nineteenth-century law. Moving away from a paradigm that labels the court conservative or liberal, formalist or realist, it argues that the court participated in creating a regulatory state while also employing a reasoning that adopted a sharp distinction between the market and the site of the domestic.     

Impact of the Mass Media in Changing Attitudes Towards Violence Against Women in Bangladesh: Findings from a National Survey

To date, there have been no nationally representative studies examining the influence of media on norms regarding violence against women (VAW) among the general population. Data for this study came from the 2011 Bangladesh Demographic and Health Surveys that completed 17,842 interviews with ever-married women. Results of logistic regressions showed that among the three media outlets (TV, radio, and newspaper), only TV had a very small significant effect on women’s attitudes towards VAW (r = .031; p < .01). Community gender norms mediate the effect of television on women’s support of gender equitable norms. Being younger, non-Muslims, educated, living in wealthy households, and having greater autonomy, were significantly associated with greater support for gender equitable norms. Since media did not have substantial influence on gender norms related to VAW, our findings implied that efforts to promote gender norms change in society need to consider other strategies.     

Territorializing Regulation: A Case Study of "Social Housing" in England

This article shows that the legislative creation of new regulatory regimes can be approached as a process that carves out new territories of governance. Specifically, using the theoretical framework of social space, it explores the formation of a regulatory community arising out of the United Kingdom's Housing Act 1974, a community made up of the regulatees—not-for-profit housing associations—and the state regulator. The article demonstrates that the process of carving out a new territory of governance and the "spatial practices" of the occupiers of this new territory both enable the community to establish a large element of control of the regulatory regime. This analysis challenges an understanding of law as top-down, substituting a more nuanced, three-dimensional understanding of the production of norms and "common sense." Regulatees are not just subject to regulation but shape the space through their expertise and social relations.     

Efficiency, Effectiveness and Legitimation: Criteria for the Evaluation of Norms

Abstract. The paper deals with the mutual interest of both economic and social theory in exploring a broader concept of the rational and in finding validity claims for rational discourse. Efficiency and effectiveness are discussed as possible validity criteria in evaluating norms in practical discussion. In addition to the problem of defining validity criteria for argumentation on norms and social choices, a major difficulty arises from the lack of a legitimate reflective centre in society which could integrate behaviour with norms and metapreferences. As ways of motivating cooperative, collective action, both norm commitment and self-interest should be appealed to.     

Parental and Peer Influences on Adolescent Drug Use in Korea

The analysis and findings reported here are from a self-report questionnaire survey of a sample of 1,035 high school students in Pusan, a metropolitan area of South Korea. Multiple regression and path analyses reveal that, for all types of drug behavior among these adolescents, the influence of parental variables was generally less than the influence of the peer variables. Even in South Korean society, where the stability and authority of the family is greater than in American society, peers have a greater influence than do parents on adolescents’ engaging in or refraining from deviant behavior. The findings conform more to the expectations of social learning theory than to those of social bonding theory, and generally replicate findings from research on adolescent drug use in the United States. Further research is clearly needed, but the findings here suggest that the social processes of substance use among adolescents and the theoretical explanations focusing on those processes are not confined to western societies.

Myths of the insanity defense: Inherent and procedural obstacles

Often societies perceptions can be shaped by the media not only by what it reports but by how it is reported. This article discusses the impact that the American media has had on the social perception that the insanity defense is too often successfully used to avoid legal and criminal culpability. Many of the procedural obstacles associated with the assertion of an insanity defense are poorly understood or ignored. The article further address some of the less attractive characteristics associated with the assertion of the insanity defense that are not procedurally founded but nonetheless serve as an impediment the wide spread use of the defense. In conclusion the insanity defense is submitted as an unavoidable necessary evil in a civilized society that incarcerates its criminals.     

I & We: The case for the Responsive Community

Individualism has become so pervasive in modern society that it now undercuts the legitimacy of any collectivity or social institution. An emerging position challenges this individualism as excessive, offering in its stead a synthesis that recognizes the moral standing of both individual and community. This synthesis, the I & We (or Responsive Community), traces its origins to two opposing historical positions. The Tory (or conservative) position views society as an organic whole, the sole source of authority, legitimacy, and value. Whigs (or liberals), in contrast, invest all value and legitimacy in the individual. The I & We view maintains that individual and society presuppose and necessitate one another, and that the tension between them is not only inevitable, but in part desirable; and, that attempts to redefine and alleviate the strain between individual and community provide the basis for social change. A renewed understanding of community's importance to the individual leads to a critique of psychological Whigism — overemphasis on the feelings and needs of the self — and also suggests a new approach to devising public policy.     

从司法实践的视角看经济全球化与我国法制建设--论法与社会的互动

在全球化背景下 ,我国将面临法律移植、法制现代化等一系列复杂的社会变革 ,这必然要求我们以多元的法律意识来取代单一形态的法律意识 ,以多元的理念与规则推进政治和司法体制改革 ,协调好传统文化与外来文化、作为规则的“法”和民间规范等的关系 ,从而使作为发展中国家的我国在全球化时代也能取得更大的发展。     

Strengthening Labor Discipline as a Means of Implementing the Economic and Social Policy of the Party

The current period has seen a sharp increase in the importance of research on questions pertaining to the strengthening of labor discipline, the sociopolitical and worktime activity of Soviet people, and their social responsibility to society. This is related above all to the primary direction of development of the economy — improving the efficiency of social production — to the broad range of rights and freedoms, and to consistently assuring a marked rise in the level of the people's material and cultural life. "It is necessary," L. I. Brezhnev has stated, "that every Soviet person be clearly aware that, in the final analysis, the principal guarantee of his rights is the might and the welfare of his country. And toward this end, every citizen has to feel his responsibility to society and conscientiously perform his duty to society and the people." (1)     

The Relationship of Acculturation and Social Integration to Assaults on Intimate Partners Among Mexican American and Non-Mexican White Students

This study examined the role that Mexican ethnicity, acculturation into Anglo American society, and social integration play in intimate partner violence among a sample of 348 college students. The results indicated that Mexican American ethnicity and acculturation into Anglo American society by Mexican American college students had no relation to intimate partner violence. However, integration into society was associated with a decreased probability of severely assaulting a partner among both Mexican Americans and Non-Mexican Whites. The results support a control theory perspective (social integration) on intimate partner violence.     

Social Norms and the Feeling of Justice about Unequal Family Practices

After briefly retracing the origins of the present day unbalanced division of family work, this paper article summarizes results from three studies conducted with married adults and unmarried young adults from northern Portugal. The data support the idea that (a) unequal family practices do not change because traditional practices are social norms that orientate individuals’ behavior; (b) individuals do not comply passively to these social norms but consider that the normative practices are fair; (c) normative family practices are considered to be fair because women, as well as men, seem to gain benefits from traditional family organization. The social consequences for women of the maintenance of normative family practices are discussed.

Timing of Change in Criminal Offending Around Entrance into Parenthood: Gender and Cross-Country Comparisons for At-Risk Individuals

Objectives

This article examines the timing of change in criminal offending relative to entrance into parenthood, in light of four competing theoretical frameworks (social control, routine activities, strain and cognitive transformation). Moreover, it analyzes whether criminal developments over time are gender- or country-specific.

Methods

Using samples of men and women at risk of offending in the Netherlands and Norway, this study investigates monthly changes in offending probabilities around the time of first birth (5 years before, 5 years after). The implemented smoothing splines technique allowed for a flexible exploration of changes in offending probabilities for both pre-childbirth and post-childbirth periods.

Results

The results show that the probabilities to offend decline ahead of childbirth for all individuals analyzed. The post-childbirth period is characterized by increases in offending probabilities. However, in these overall trends, the exact timing and magnitude of change differs by gender and country of residence.

Conclusions

The results offer partial support for the cognitive transformation hypothesis because offending rates decline before childbirth. The post-childbirth period converges with assumptions of the strain theory (for males in particular) because offending probabilities increase in this period. Additional analysis investigating changes in property offending shows that economic strain does not explain the upward trend of the overall offending after childbirth.

     

Antinomies and the Automobile: A New Approach to Criminal Justice Histories

In the twentieth century, the antinomy of freedom and coercion served as the dominant paradigm for understanding issues of crime and punishment. Roscoe Pound in Criminal Justice in America (1930) and Herbert Packer in The Limits of the Criminal Sanction (1968) described a tension between the values of individual liberty and general security to explain the problems with the justice system and the public's disagreements over their solution. Historians of twentieth‐century criminal law have also adopted this framework to explain causation and change. This essay argues that an antinomic perspective of criminal justice history, while useful, has obscured important historical questions. A focus on social changes, such as the transformations that the automobile brought about in the commission of crimes and police practices, instead of on contrasting values, offers a different account of how proceduralism became inextricably tied to notions of American freedom in the twentieth century. This approach also historicizes the “paradigm of antinomies” and shows how people in the past, like Pound and Packer, mobilized dualistic thinking, which shaped a criminal legal culture based on an antagonism—both real and perceived—between citizens and law enforcement.