Epistemological and ethical understandings of access and allocation in Earth System Governance: a 10-year review of the literature

“Access and allocation” is one of the five analytical problems identified as key for analysing earth system governance in the first Earth System Governance Science and Implementation Plan officially published in 2009. Ten years later and with a new Science and Implementation Plan in place, it is time to take stock. Therefore, this paper addresses the question: What does a decadal review of the Earth System Governance literature tell us about how to conceptualize and define access and allocation, what ethical norms and epistemologies underlie access and allocation research, and what does Earth System Governance scholarship reveal about the interplay between access and allocation and other norms? We find that: (a) there is a relatively small body of the Earth System Governance literature on access and allocation, albeit growing; (b) this literature is largely empirical and dispersed across a variety of topics; and (c) there is a diversity of ethical norms and principles emphasized in Earth System Governance scholarship, but the dynamics between different forms of access and related implications for allocation are relatively underexplored. In light of these findings and with a new Earth System Governance Science and Implementation Plan in place, this paper highlights key areas for further research and development.

     

The truth and the trial: victim participation,restorative justice,and the International Criminal Court

In the field of international criminal justice, the international criminal court (ICC) has been lauded for its integration of victim participants into its legal proceedings. In particular, the ICC’s framework of victim participation has been understood to figure as a balance between retributive and restorative justice as it enables the actual voices of the victims to be heard. However, there has been little research that considers how victim participation works in practice as a form of truth-telling. In order to begin to address this gap, the integration of the ‘voices of the victims’ into the proceedings and outcome of The Prosecutor v. Thomas Lubanga Dyilo is explored. The forms of harms and experiences that comprise the truth of the events under adjudication put forward by the victim participants are considered, and then how the truth-telling functions of the ICC represent these states of injury. While the ICC’s legal proceedings enable victims to speak of their harms and experiences, their ‘voices’ are largely absent from its judgment. To address this issue, the ICC needs to develop and maintain a level of ‘restorative justice coherence’ to manage victims’ expectations of its justice approaches.     

Treatment of Child Sexual Abuse: Programs,progress, and prospects

Recent years have witnessed the development and implementation of clinical services designed to remediate the many deleterious effects of child sexual abuse. However, little information has been disseminated and reviewed in the professional literature to facilitate clinical application and empirical investigation of specific procedures with child victims and their families. This paper provides an overview and critique of treatment programs and modalities, highlighting their achievements and limitations. The methods, characteristics, and empirical outcomes of specific programs are discussed along with future directions and recommendations.     

Socio-Economic Composition and Pay and Resources in Second Chambers

In conjunction with the gradual empowerment of the European Parliament, interest in its internal politics and in particular its committee system has increased considerably. While much has been learned about the influence of parliamentarians, little is known of the role of their unelected supporters. Although the literature indicates that officials are involved in the policy process, it remains open to question whether their work is fundamentally technical or of relevance to public policy. In a first step towards closing this gap in the literature, this paper explores the role of officials working in the secretariats of European Parliament committees. Although officials are involved in both secretarial and political work, their role is constrained by their position in the parliamentary hierarchy. This supports a cautious understanding of the autonomy and influence of bureaucracy in the Parliament and in the European Union's main institutions.     

Towards a Transformative Conceptualisation of Violence Against Women ‐ A Critical Frame Analysis of Council of Europe Discourse on Violence Against Women

Much academic attention has been devoted to violence against women (VAW) in Europe and research has focused on the mounting policy reform initiatives and capacity building strategies in the EU. Council of Europe initiatives in this area have, surprisingly, by contrast, remained under‐researched. This paper seeks to fill the gap in the literature by engaging in an examination and critique of the ways in which the Council of Europe has incorporated and framed VAW within various legal and policy initiatives. It will employ a methodology of critical frame analysis as theorised by the literature on social movements, and anti‐essentialist critiques within feminist literature to ask: how VAW is problematised; what solutions are offered; where they are located; to what extent they are gendered; and who has a voice in these policy and legal texts.     

“It Depends on the Outcome”: Prisoners,Grievances, and Perceptions of Justice

Social scientists have long investigated the social, cultural, and psychological forces that shape perceptions of fairness. A vast literature on procedural justice advances a central finding: the process by which a dispute is played out is central to people's perceptions of fairness and their satisfaction with dispute outcomes. There is, however, one glaring gap in the literature. In this era of mass incarceration, studies of how the incarcerated weigh procedural justice versus substantive justice are rare. This article addresses this gap by drawing on unique quantitative and qualitative data, including face‐to‐face interviews with a random sample of men incarcerated in three California prisons and official data provided by the California Department of Corrections and Rehabilitation (CDCR). Our mixed‐methods analysis reveals that these prisoners privilege the actual outcomes of disputes as their barometer of justice. We argue that the dominance of substantive outcomes in these men's perceptions of fairness and in their dispute satisfaction is grounded in, among other things, the high stakes of the prison context, an argument that is confirmed by our data. These findings do not refute the importance of procedural justice, but show the power of institutional context to structure perceptions of and responses to fairness, one of the most fundamental principles of social life.     

Following the price: identifying cocaine trafficking networks in Colombia

ABSTRACT

International cocaine trafficking has been well-studied, but little is known about cocaine flows within Colombia, the largest producer and exporter of cocaine in the world. Using a unique dataset on the monthly wholesale prices of cocaine across 32 municipios in 2016, this paper estimates patterns of flows of cocaine within Colombia. For the 496 possible resulting pairs of municipios, price differentials are used to infer direction of flow, and price correlations are used to infer connectedness. Among the new findings, 38 suspected municipio-to-municipio flows that are new to the literature are identified. Interestingly, cocaine is inferred to flow through two distinct networks: one that originates in Buenaventura and the other in three points in southern and eastern Colombia. These networks may correspond to distinct criminal trafficking systems, a finding that has potential implications for drug control policies and measures.     

Victim Blame in Fictional Crime Dramas: An Examination of Demographic,Incident-Related,and Behavioral Factors

How victims are portrayed in fictional crime dramas is an important way that individuals come to understand and interpret what it means to be a victim of crime. We examine how demographic variables (e.g., gender, race, age), incident variables (e.g., location of offense, relationship between victim and offender, type of crime), and behavioral variables (e.g., drug use/alcohol use, sexual promiscuity, negative personality traits, or concealing elements of personality) predict victim blame. Although some literature has analyzed victims in fictional crime dramas, such literature has been limited to a single year, a single show, a particular crime, or a particular factor. We extend this literature by focusing on multiple factors that predict victim blame using data collected from a systematic sample of 124 episodes from 4 fictional crime dramas (CSI, Law & Order: Special Victims Unit, Criminal Minds, and Without a Trace) over 7 years (2003–2010).     

Normative Acts of the Council of Ministers of a Union Republic in the System for Implementing the Constitutional Rights of Citizens

There are various approaches in the Soviet legal literature to study of the mechanism for implementing the constitutional rights of citizens, each of which focuses on some important aspects of it. But study of the activity of specific state agencies, particularly the council of ministers of a union republic, with regard to securing the basic rights of citizens requires a more thorough examination of this mechanism. First, three of its component parts must be distinguished: the mechanism for guaranteeing rights, which is a precondition if constitutional rights are to have any substance; the mechanism for their direct implementation, i.e., the de facto practical application of these rights; and the mechanism of safeguarding these rights, which comes into play when basic rights are violated and which is aimed at restoring them and eliminating the causes and conditions of their violation.     

Realizing the Rights Revolution: Litigation and the American State

The implementation and enforcement of civil rights laws in the aftermath of the mid‐twentieth‐century rights revolution has been a prominent concern for a multidisciplinary group of scholars. This article reviews a recent literature that is devoted to better understanding the dynamics of judicial authority and enforcement power and, in particular, how courts are frequently empowered to enforce laws through complex interactions with an array of public and private actors. The article emphasizes new books by Charles Epp and Sean Farhang, which each examine different features of this enforcement process. In The Litigation State: Public Regulation and Private Lawsuits in the U.S. (2010), Farhang explores the frequency with which Congress has chosen to enforce its civil rights statutes through incentivizing private litigation. In Making Rights Real: Activists, Bureaucrats, and the Creation of the Legalistic State (2010), Epp examines how civil rights are enforced and transformed through the relationship between administrators, activists, and lawmakers within bureaucratic organizations. Together, these books expand our understanding of the politics and processes of implementing rights in practice and, more broadly, challenge and enrich our perspective on the effectiveness of the American state in enforcing rights. The often complex series of self‐conscious legislative, judicial, and administrative choices and interactions necessary in order to deliver rights protections requires that we view policy enforcement from a broader institutional and political perspective. From that perspective, we can see that effective implementation is far from automatic.     

Implementing Global Nature Protection Agreements in Russia

The article discusses Russian implementation of the Ramsar Convention, the World Heritage Convention, CITES and the Convention on Biological Diversity. The country's international obligations are part of Russian law, but little has been done by Russian authorities to implement the agreements on the ground. Compliance with the international agreements is the result of Russian protection measures that exist independently of the conventions. Environmental concerns have been given reduced priority since the early 1990s. An independent environmental protection agency no longer exists, and the number of inspectors has been drastically reduced. Implementation activities are undertaken primarily by international NGOs, and partly by regional authorities.     

Compelled Third‐Party Participation in the Regulatory Process: Legal Duties, Culture, and Noncompliance

This paper focuses on government's enlistment of private entities (industries, businesses, professionals) to help in public enforcement. Despite the popularity of this enforcement strategy, there is little systematic research about the behavior of private enforcers in these systems. This article draws together the widely scattered popular and scholarly literature to examine: (a) the settings in which this strategy occurs, (b) its common features, and (c) the responses of private parties to their compelled participation. I then examine existing explanations for private parties' responses. Very little empirical research has been published. I argue that what exists suggests limitations of a conventional cost‐benefit approach to explaining noncompliance, as well as highlights the need for a broader perspective that considers how cultural factors may influence private enforcers' responses to their mandated duties.     

Communicating Dissent in Judicial Opinions: A Comparative,Genre-Based Analysis

To date, there has been surprisingly little research on separate opinions in legal linguistics literature. Scarce attention has been paid to the linguistic and communicative aspects of how judges frame their disagreements. This paper serves as one of the early attempts to examine the institution of votum separatum, or separate opinion, from a comparative, cross-language perspective using a linguistic methodology. The evidence indicates a clear similarity in terms of how separate opinions are integrated within the respective macrostructures of the US SC opinions and the Constitutional Tribunal judgments. This study demonstrates how judges tend to employ highly formulaic expressions to signal their disagreement despite the absence of clear guidelines to communicate such stances. The analysis of their frequent phraseology demonstrates that declaring votum separatum and providing its justification are two different acts, not only legally but also linguistically, especially in terms of their formulaicity. The Polish and American justifications differ in the degree to which the frequent phraseology reveals peculiarities of judicial argumentation in addition to the presence of strong evaluative concerns.

     

Reasons for Staying in Intimately Violent Relationships: Comparisons of Men and Women and Messages Communicated to Self and Others

Victims of intimate partner violence (IPV) often are blamed for remaining in abusive relationships. As a result, victims may communicate messages rationalizing why they stay. Systematic, comparative examinations of these messages directed toward self and others by males versus females have not been conducted. This study addresses a gap in the literature by exploring victims’ communication regarding staying. Self-reports of 345 heterosexual IPV victims (N = 239 women, 106 men) demonstrated that more justifications were communicated internally to self than externally to others. Men and women differed significantly in only three of 14 messages, with men choosing more stereotypically masculine reasons for staying. Findings are discussed in terms of applications to victims and their stay-leave decision-making in IPV relationships.     

Development of a Marketing Campaign to Recruit Non-adjudicated and Untreated Abusive Men for a Brief Telephone Intervention

Although voluntary enrollment by abusive men in domestic violence perpetrator treatment programs occurs, most men enter treatment only after they have injured a partner or family member and have been arrested, convicted and sentenced. This leaves a serious gap for those who engage in abusive behavior but who have not been served by the legal or social service systems. To address this gap, the researchers applied social marketing principles to recruit abusive men to a telephone-delivered pre-treatment intervention (the Men’s Domestic Abuse Check-Up—MDACU), designed to motivate non-adjudicated and untreated abusive men who are concurrently using alcohol and drugs to enter treatment voluntarily. This article discusses recruitment efforts in reaching perpetrators of intimate partner violence, an underserved population. Informed by McGuire’s communication and persuasion matrix, the researchers describe three phases of the MDACU’s marketing campaign: (1) planning, (2) early implementation, and (3) revision of marketing strategies based on initial results. The researchers’ “lessons learned” conclude the paper. This project is supported by a grant from the National Institute on Drug Abuse, 1 RO1 DA017873.     

Can financial incentives reduce juvenile confinement levels? An evaluation of the Redeploy Illinois program

Purpose

Assessments of ongoing fiscal restructuring of juvenile justice system processes and the impact such restructuring has on juvenile incarceration rates are limited. When impacts of fiscal restructuring efforts have been assessed, researchers have focused on systemic, macro level changes in incarceration rates but avoided more focused, micro level impacts. This study fills this knowledge gap by examining the recent implementation of the Redeploy Illinois program in two pilot sites. In the Redeploy Illinois program, financial incentives were provided to select counties to develop community based alternatives to incarceration. The goal was to alleviate over reliance on state funded residential facilities for evaluation and confinement purposes.

Methods

Agency data were analyzed using qualitative methods to examine the effects of this change.

Results

Results of this study demonstrated that counties participating in the pilot test of the Redeploy Illinois program were able to reduce their levels of juvenile commitment to the state. Peoria County exceeded their reduction benchmark for all but two years, and St. Clair County well exceed their reduction benchmark for all full calendar years subsequent to implementation.

Conclusions

Findings are consistent with the limited literature exploring fiscal restructuring efforts designed to reduce county levels juvenile commitments.     

Smart meters and the information panopticon: beyond the rhetoric of compliance

The Smart Meter Implementation Programme is the Government's flagship energy policy. In its search for solutions to address privacy dilemmas raised by smart meters, the Government has been content with using data protection principles as a policy framework to regulate the processing of consumers' personal information. This is worrying since the question of who has access to what type of information and how it is used cannot simply be regarded as raising information security, authenticity and integrity issues. If we are to go beyond the rhetoric of protecting the privacy rights of energy consumers we must scrutinise the context in which legitimate interests and reasonable expectations of privacy subsist. To remedy this apparent policy oversight, the paper undertakes two tasks: first, to clarify the content and application of data protection and privacy rights to smart meters; and second, it outlines a policy framework that will address the lack of specificity on how best innovation and privacy issues can be better calibrated. More importantly, it calls for targeted substantive reforms, development of accessible privacy policies and information management practices that promote transparency and accountability and deployment of technological solutions that will help reduce emerging fault lines between innovation and privacy in this sphere of energy policymaking.     

SUPERVISION REGIMES,RISK, AND OFFICIAL REACTIONS TO PAROLEE DEVIANCE*

Parolee deviance has emerged as a central issue in policy debates about crime and punishment in American society as well as in scholarship on “mass incarceration.” Although the prevailing approach to studying parolees conceives of parole violations as outcomes of individual propensities toward criminal behavior (i.e., criminogenic risk), we consider how indicators of individual risk and characteristics of formal social control systems combine to account for reported parole violations. Using data on California parolees, we examine the effects of parolees’ personal characteristics, their criminal histories, and the social organization of supervision on parole violations. We advance the notion of a “supervision regime”—a legal and organizational structure that shapes the detection and reporting of parolee deviance. Three components of a supervision regime are explored: 1) the intensity of supervision, 2) the capacity of the regime to detect parolee deviance, and 3) the tolerance of parole officials for parolee deviance. We find that personal characteristics and offense histories are predictive of parole violations. However, we also find that introducing supervision factors reduces the effects of offense history variables on violation risk, suggesting that the violation risks of serious, violent, and sexual offenders are partially explainable through the heightened supervision to which they are subject. In addition, we find that supervision intensity and tolerance are generally predictive of violation risk. Capacity effects are present but weak. We conclude with a discussion of how the supervision regimes concept illuminates the gap between macro‐ and micro‐analyses of social control.