Left realist criminology: Strengths,weaknesses and the feminist critique

Although there is an already large British literature both supporting and attacking left realism, and a growing North American interest on the subject among criminologists, there has been surprisingly little written which attempts to locate both the strengths and weaknesses of the left realist position on crime control. Perhaps the place where the left realists may be weakest is in response to a feminist critique. Actually, it is not only left realism but the socialist left in general which has been unsuccessful in providing adequate responses to the issues brought forth by feminists. This paper attempts to locate the position of left realism within the left criminology debate, and to find its strong and weak points. Further, it attempts to explicate the feminist critique, and to suggest responses critical criminologists might explore, such as those proposed by peacemaking criminology. *** DIRECT SUPPORT *** AW502012 00004     

Taking behavioralism seriously: some evidence of market manipulation

Over the last ten to fifteen years, economists and legal scholars have become increasingly interested in and sensitive to behavioralist insights. In a companion article, Jon Hanson and Douglas Kysar argued that those scholars have nevertheless given short shrift to what is, at least for policymaking purposes, perhaps the most important lesson of the behavioralist research: individuals' perceptions and preferences are highly manipulable. According to Hanson and Kysar, one theoretical implication of that insight for products liability law is that manufacturers and marketers will manipulate the risk perceptions of consumers. Indeed, to survive in a competitive market, manufacturers and marketers must do so. In this Article, Hanson and Kysar present empirical evidence of market manipulation--a previously unrecognized source of market failure. The Article begins by surveying the extensive qualitative and quantitative marketing research and consumer behavioral studies that discern and influence consumer perceptions. It then provides evidence of market manipulation by reviewing common practices in everyday market settings, such as gas stations and supermarkets, and by examining familiar marketing approaches, such as environmentally oriented and fear-based advertising. Although consumers may be well-aware of those practices and approaches, they appear to be generally unaware of the extent to which those tactics are manipulative. The Article then focuses on the industry that has most depended upon market manipulation: the cigarette industry. Through decades of sophisticated marketing and public relations efforts, cigarette manufacturers have heightened consumer demand and lowered consumer risk perceptions. Because consumers are aware that smoking may pose significant health risks, the tobacco industry's success in manipulating risk perceptions constitutes especially strong evidence of the power of market manipulation. The Article concludes by arguing that the evidence of market manipulation may justify moving to a regime of enterprise liability. Indeed, according to Hanson and Kysar, the evidence of market manipulation confirms the intuitions of the first generation of product liability scholars, who worried about manufacturers' power to manipulate and called for just such a regime.     

Postmodern criminology in relation to radical and conflict criminology

The literature on postmodern criminology suggests that there is some relationship between it and radical criminology. This relationship apparently is based in part on the ract that both are further related to conflict theory. However, conceptual analyses on these types of theories have not fully explicated whatever similarities and differences exist among them. This essay identifies six core theoretical assertions in conflict criminology and compares them to parallel assertions in radical and postmodern criminology. Such comparison is followed by a discussion on the relevance of conflict and radical theory as conceptual backdrops from which to comprehend postmodern inquiry.     

Taking fundamental rights seriously in the Digital Services Act's platform liability regime

This article highlights how the EU fundamental rights framework should inform the liability regime of platforms foreseen in secondary EU law, in particular with regard to the reform of the E-commerce directive by the Digital Services Act. In order to identify all possible tensions between the liability regime of platforms on the one hand, and fundamental rights on the other hand, and in order to contribute to a well-balanced and proportionate European legal instrument, this article addresses these potential conflicts from the standpoint of users (those who share content and those who access it), platforms, regulators and other stakeholders involved. Section 2 delves into the intricate landscape of online intermediary liability, interrogating how the E-Commerce Directive and the emerging Digital Services Act grapple with the delicate equilibrium between shielding intermediaries and upholding the competing rights of other stakeholders. The article then navigates in Section 3 the fraught terrain of fundamental rights as articulated by the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) under the aegis of the European Convention on Human Rights and the EU Charter. This section poses an urgent inquiry: can the DSA's foundational principles reconcile these legal frameworks in a manner that fuels democracy rather than stifles it through inadvertent censorship? Section 4 then delves into the intricate relationship between fundamental rights and the DSA reform. This section conducts a comprehensive analysis of the key provisions of the DSA, emphasising how they underscore the importance of fundamental rights. In addition to mapping out the strengths of the framework the section also identifies existing limitations within the DSA and suggests potential pathways for further refinement and improvement. This article concludes by outlining key avenues for achieving a balanced and fundamental rights-compliant regulatory framework for platform liability within the EU.     

Criminal proceedings and the transformative potential of law: Taking historical experiences seriously

Consideration of counter-hegemonic and transformative strategies should be informed by actual experience with the legal system and by careful attention to the particular features of different types of legal proceedings. Sedition procecutions, the main encounter organized progressive social movements had with the criminal law in early 19th century Upper Canada, are analysed to demonstrate these points. The patterns found in these proceedings provide clues about the dynamics, as well as the limits and potential, of legal struggles through the criminal law.     

Rethinking critical criminology

This paper takes the form of a report on the panel discussion held at the conclusion of the 1992 meetings of the European Group for the Study of Deviance and Social Control in Padua in September 1992. In the light of a perceived crisis of relevance for earlier, 1970s notions of critique in criminology, and in the context of a conference dedicated to the theme of human rights in a uniting Europe, eight panellists from Italy, England, and Canada via Ireland debated their different versions of the project of critical criminology in the last years of the twentieth century. Each of these presentations is summarised here, and an attempt is made to recognise the emergence of a debate between a human rights criminology, eversensitive to the possibilities of repression and control in Fortress Europe, and an alternative perspective, predicated perhaps on some notion of Social Defence and a realist programme of crime prevention and control across free market Europe.     

Imperialism, crime and criminology: Towards the decolonisation of criminology

Cohen (1988) once concluded that it is ironic that critics in the West are identifying forms of social control that are more traditional in the Third World as better alternatives to the neo–classical and positivistic repressive traditions in the West while some suggest that what they found malignant in the West should be exported to the Third World as benign. In this paper, I am going beyond Western crime control models to examine the character of criminology itself as an imperialist science for the control of others.     

Quantitative criminology in The Netherlands

This article briefly describes quantitative criminology in The Netherlands since the seventies. Dutch quantitative criminologists have been active in most fields of the discipline of criminology: research has been done on the etiology of crime and, in relation to this, the self-report methodology. A number of victimization surveys have been executed, and in relation to this, attention was given to fear of crime, victims in the judicial system, and situational approaches to crime. There has been research on policy evaluation, sentencing, and differential treatment in the criminal justice system, and alternative sanctions. Recently three major international studies have been coordinated by Dutch criminologists: an international self-report study, an international victim survey of households, and an international survey of victimization among businesses. In this article we describe the first two studies and briefly compare some of their features. Overall, it appears that Dutch quantitative criminology is embedded in the international mainstream of criminology and, in general, has been strongly related to policy concerns.     

台湾犯罪学理论观点比较

台湾地区犯罪学研究十分繁荣,专家众多、学派林立,为了加强对台湾地区犯罪学发展情况的了解,有必要对岛内几个具有代表性的犯罪学理论观点进行梳理、比较。     

Corporate environmental responsibility and criminology

This article addresses corporate environmental responsibility (CER) and aims to present a criminological analysis of it. We studied the opinion of a number of principle actors involved in CER in Europe in order to determine how they perceive it in terms of its definition, aetiology and approaches. For each of these dimensions we relate back to a criminological framework to ascertain how it is positioned in the green criminological debate. We start out by providing information on what corporate environmental responsibility is and how it relates to corporate social responsibility and sustainable development. Then we outline the theoretical framework in accordance with the three central themes for the criminological analysis of CER: definition, aetiology and approaches. We also explain the method that was used (semi-structured interviews). Next, we present the results according to the same threefold structure. Finally we discuss these results in a last part, which is divided in two. First, we look at the challenges that the criminological perspective poses for CER in terms of definition, aetiology and approaches. The second part of the discussion turns the question around and wonders how CER could contribute to greening criminology.     

Cultural relativism and comparative criminology

The recent spate of comparative studies of crime is long overdue as a potential palliative to the traditional ethnocentrism of American criminology. But their comparative method is uncritically taken from two incompatible propositions derived from Durkheimian empiricism. As such, the generalizations about criminal behavior that these studies advance should be treated more with caution than optimism. This essay discusses the alleged advances over Durkheimian empiricism made by two distinct forms of cultural relativism. If what every man believes as a result of perception is indeed to be true for him; if, just as no one is to be a better judge of what another experiences, so no one is better entitled to consider what another thinks is true or false... then, my friend, where is the wisdom of Protagoras, to justify his setting up to teach others and to be handsomely paid for it? Socrates, in Plato'sTheaetetus     

Key longitudinal-experimental studies in criminology

Following the tradition of Joan McCord's work, this paper reviews longitudinal-experimental studies in criminology with community samples of at least 100 persons, follow-up periods of at least 5 years, personal interviews, and measures of offending. The main advantages of such studies are in investigating both the natural history of development (including the effects of risk/protective factors and life events) and the impact of interventions on offending. This paper also reviews advantages and problems of prospective longitudinal surveys, randomized experiments, and longitudinal-experimental studies in criminology. Four key longitudinal-experimental studies were conducted by Joan McCord, Richard Tremblay, Lawrence Schweinhart and David Olds. Other studies have been conducted, or are currently under way, but no criminological study has yet been published with several years of personal data on participants both before and after an intervention.Joan McCord Award Lecture given at the American Society of Criminology, Toronto, Canada.