Through a Foucauldian Lens: A Genealogy of Child Abuse

This theoretical paper takes on a difficult and dangerous argument: that ‘child abuse’ is socially constructed. By using Michel Foucault’s analysis of the complex interplay between power and knowledge, we may be able to explain the changing forms that the struggle against child abuse has taken, without minimizing the reality of the suffering that abuse causes. By examining the historical role that state and child welfare movements played in developing child protective services in North America, we discover how scientific epistemology and medical discourse on child abuse have come together to shape and construct societal beliefs about abusers. This analysis allows us to deepen our understanding of child abuse and the means to preventing it, as well as guides us in developing better and more informed social policies.     

RSPCA and the criminology of social control

This paper contributes to a rethinking of animal abuse control and animal welfare protection in criminology, specifically, and in the social sciences more broadly. We do this, first, through a broad mapping of the institutional control complex around animal abuse in contemporary Britain. Second, we focus on the institutional strategies and practices, past and present, of the main agency of animal protection, and the policing thereof, in this society, namely the Royal Society for the Prevention of Cruelty to Animals (RSPCA). In looking back to this charity’s growth since the first decades of the nineteenth century at the time of the birth of modern industrial capitalism and also to its current rationale and practices as a late-modern, corporate organisation, we explore the seeming paradox of a private body taking a lead on the regulation and prosecution of illegalities associated with animal-human relationships. Finally, the ideology and strategy of the RSPCA are explored in the context of the often visceral and culturally influential ‘morality war’ associated with proponents, respectively, of animal rights (‘abolition’) and ‘anthropic’ welfare proponents (‘regulation’ and ‘protection’).     

Expressions of speciesism: the effects of keeping companion animals on animal abuse,animal trafficking and species decline

Humans’ contact with other animals is chiefly organised around humans’ own consumption and ‘needs’. This article begins with an aspect of the human—non-human animal relationship that is connected to animals as social, not material beings -‘pet-keeping’. Over the past few years the pet industry has expanded enormously. I discuss how the keeping of companion animals can be understood, and the consequences for the animals involved; this practice leaves an increasing number vulnerable to abuse and exploitation, not the least dogs—the most common companion animal. The market for companion animals worldwide is fed by breeding, but also by the abduction of animals and birds from their habitats. Keeping companion animals contributes greatly to the endangerment of many species, parrots in particular. Therefore the focus of this paper especially concerns parrots and the consequences they and their species suffer from being abducted, trafficked and traded, whether the trade is criminalized or not. I will discuss implications of the CITES convention, whether it serves to legitimate rather than protect animals from trade, trafficking and suffering.     

The Crime of Animal Abuse in Two Nonwestern Cities: Prevalence,Perpetrators, and Pathways

Estimates the prevalence of animal abuse in Nizhni Novgorod, Russia, and Lviv, Ukraine, assesses the sociodemographic characteristics of animal abusers in these cities, and provides the first empirical test of Agnew’s (Theor Criminol 2(2):177–209, 1998) theory of the causes of animal abuse. Logistic regression and generalized structural equation models are estimated using interview data from 1435 randomly-sampled adults in 41 neighborhoods in Lviv and Nizhni Novgorod. Animal abuse was quite rare among respondents and committed mostly by males and younger individuals. Consistent with Agnew’s theory, low self-control, animal-abusing peers, justifying beliefs, and perceived benefits all were associated with statistically significantly increased likelihood of animal abuse. In addition, justifying beliefs and perceived benefits mediated a significant and substantial share of the effects of self-control and animal-abusing peers on animal abuse. Contrary to theoretical expectations, perceived costs appeared unrelated to animal abuse net of the effects of other predictors. People who abuse animals appear to do so partly because, due to low self-control and exposure to animal-abusing peers, they hold beliefs justifying the behavior and perceive greater benefits associated with it.     

Effect of Psychopathy, Abuse, and Ethnicity on Juvenile Probation Officers’ Decision-Making and Supervision Strategies

Probation officers exercise substantial discretion in their daily work with troubled and troubling juvenile offenders. In this experiment, we examine the effect of psychopathic features, child abuse, and ethnicity on 204 officers’ expectancies of, recommendations for, and approach to supervising, juvenile offenders. The results indicate that officers (a) have decision-making and supervision approaches that are affected by a youth’s psychopathic traits and history of child abuse—but not ethnicity; (b) view both abused youth and psychopathic youth as highly challenging cases on a path toward adult criminality; and (c) have greater hope and sympathy for abused youth than psychopathic youth. For abused youth, officers are likely to recommend psychological services and “go the extra mile” by providing greater support, referrals, and networking than is typical for their caseload. For psychopathic youth, officers expect poor treatment outcomes and are” extra strict,” enforcing rules that typically are not enforced for others on their caseload.     

Racist Offenders and the Politics of ‘Hate Crime’

In the UK and USA ‘Hate crime’ has become a topic of public controversy and social mobilization around issues of violence and harassment. This has largely but not exclusively addressed racism, homophobia and gender based violence. This article has three objectives. First, to situate hate crime legislation within a broad theory of modernity;secondly to examine the politics of its emergence as a public issue; thirdly to use data from the authors' recent research in Greater Manchester to illuminate the complexity of the concept of ‘hate crime’. The centrality of ‘hate crime’ to current debates derives from the importance of rights-based regulation of complex societies and the juridical management of emotional life. Hatred and violence have become problematic behaviour thrown into relief by a long term civilizing process. Hate crimes have thus acquired powerful rhetorical focus for mobilization of victim and identity politics. With reference to racist violence in Oldham and elsewhere in Greater Manchester, we argue that in its application and construction, however, ‘hate crime’ is a complex phenomenon that might dramatize rather than regulate the problems it seeks to address. This revised version was published online in July 2006 with corrections to the Cover Date.     

Penal ideology, sentencing and the legitimacy of trial justice

The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the ‘rule of law’. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of ‘justice’ in sociological accounts of the ‘reality’ of sentencing, and proposes an analytical framework for conceptualising this. Adopting this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial‘s ‘relevant audience’. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in international criminal trials, and considers the consequences of this for the perceived ‘legitimacy’ of international trial justice.     

The crime control industry and the management of the surplus population

This essay examines what we are calling the ‘crime control industry’ and how the growth of such an industry relates to growing inequality and the need to ‘manage’ or ‘contain’ the ‘surplus population.’ Profits are a major moving force in this process, rather than the goal of reducing crime and suffering. An important component of this industry is the ‘prison industrial complex,’ one of the fastest growing industries in the U.S. Also included is a rapidly growing private security industry that includes private police and security guards, along with a growing supply of technology to aid in the ‘war on crime.’ Other components include drug testing companies, gated communities, and a booming gun industry. We conclude by outlining possible explanations for the growth of this industry.     

‘I Would Prefer Not To’: Giorgio Agamben, Bartleby and the Potentiality of the Law

In Homo Sacer, Giorgio Agamben suggests that Herman’s Melville’s ‘Bartleby the Scrivener’ offers the ‘strongest objection against the principle of sovereignty’. Bartleby, a legal scribe who does not write, is best known for the formula with which he responds to all his employer’s requests, ‘I would prefer not to.’ This paper examines this formula, asking what it would mean to ‘prefer not to’ when the law is in question. By reading Melville’s story alongside Aristotle’s theory of potentiality and Walter Benjamin’s theses on history, it suggests that Bartleby’s interest, for Agamben, lies in his challenge to dominant conceptions of the relation between potentiality and actuality, which, he believes, are rendered indistinct in sovereignty. By reflecting critically on Agamben’s depiction of Bartleby as a ‘new Messiah’, this paper examines Agamben’s understanding of what it would mean to fulfil the law, and what form of political task this would entail.     

Ideas of Transgression and Buddhist Monks

It is implicit in a western understanding of law that law is a series of generalisations, which are universal and which aim to promote social community. At the same time ‘law’ is expected to operate in a territory (rather than for specific people or castes) where it applies, and to apply to a community of rights-bearing subjects. Such a view of law may have reflected part of the values of the European Enlightenment where law was seen as a rational science and where religion has been seen as excluded from law. An alternative route in the study of law is to study ‘transgressions’. The literature on ‘transgression’ suggests transgressions form an amorphous category and a proper examination of them is not closed by the normal taxonomy between the studies of ‘law as obedience’ versus ‘laws as violation’. In one sense transgressions are part of the rule, yet a separate category in their own right. I use the concept of ‘transgression’ to attempt to describe the legal significance of ‘violations’ in the rules of the Buddhist monks (Vinaya). I conclude that a proper consideration of the role of sexual desire in the Vinaya allows me to show that ‘violations were accepted within an institutional framework, that ‘violators’ were not excluded from the order of monks and that sexual experience could be seen as an alternative, if controversial, path of spiritual development.     

Agamben and Authenticity

The article argues that the contentious and complex concept of ‘authenticity’, which Agamben develops from Heidegger, forms a central continuity between Agamben’s earlier work, which focuses more on language and art, and his later work, which focuses more on politics. Moreover, I suggest that although this concept is often unquestioned and elided in his work, it plays a crucial role in the deep structures of his thought. Moreover, the ‘unthought concept’ of ‘authenticity’ is of concern because, while authenticity might possibly have a role to play in the sphere of how we come to understand and relate to artworks, there are reasons to be suspicious of this concept in the political realm if, indeed, these two ‘realms’ can be understood separately. If these two spheres cannot be clearly separated, as seems more likely, then it is even more important to explore and question the terms and cluster of concepts around ‘authenticity’.     

Domestic Violence and Female Genital Mutilation in Kenya: Effects of Ethnicity and Education

This paper investigates domestic violence against women, including definitions of ‘domestic violence;’ and investigates “Female Genital Mutilation.” Data for this paper are from three national household surveys in Kenya: ‘Demographic & Health Survey’ (2003), Afrobarometer (2003), and ‘Work, Attitudes, & Spending’ (2004). Previous research in many countries has found convincing evidence of a tendency for domestic violence to be less common in households where the respondent and/or spouse have more education. This paper adds a new factor: the respondent’s mother’s education also seems relevant to prevalence of GBV (perhaps because of childhood socialization). This pattern applies to both experience of violence, and attitudes to such violence. There also appears to be a strong link between ‘Female Genital Mutilation’ (female circumcision) and mother’s education level. In each case, more education is associated with less violence.     

Friends,status symbols and weapons: the use of dogs by youth groups and youth gangs

Recent UK media reports and government responses evidence a rising concern over irresponsible dog ownership, particularly the use of so-called status or weapon dogs. Youth criminal and antisocial behaviour using these dogs has been widely reported in urban areas and associated with street-based youth groups, in particular, the growing phenomenon of UK youth gangs. This article reports on the findings and implications of a small-scale study, comprising interviews with 25 youths and seven animal welfare and youth practitioners, which aimed to identify the nature of animal use and abuse in youth groups and gangs. It found that over half of the youths belonged to a youth gang and the remainder a youth group, with the majority owning an animal which was most often a ‘status’ dog (e.g., bull breed/type). Analysis revealed that dogs were used mainly for socialising and companionship, protection and enhancing status. More than 20 types of animal abuse were described by youths and practitioners.     

What’s Inside and Outside the Law?

In this article I take up a conceptual question: What is the distinction between ‘the law’ and the behavior the law regulates, or, as I formulate it, the distinction between what is ‘inside’ the law and what is ‘outside’ it? That conceptual question is in play in (at least) three different doctrinal domains: the constitutional law doctrines regarding the limits on the delegation of legislative powers; the criminal law doctrines regarding mistakes of law; and the constitutional rights doctrines that turn on the distinction between state action and the acts of non-state actors. I argue that legal doctrines should turn solely on normative considerations and should not turn on answers to conceptual questions. However, the doctrines I discuss appear to turn on the conceptual question regarding what is ‘inside’ and ‘outside’ the law. I show how each of these doctrinal areas appears to raise this conceptual issue, and I explain how the doctrines might or might not escape being held hostage to conceptual controversy.     

Informal economic activity: Early thinking, conceptual shifts, continuing patterns and persistent issues – a Michigan study

In this paper we review theoretical perspectives on the informal economy that developed during the period 1958–1992. We describe shifts in thinking in two phases that we identify as ‘first wave studies’ and ‘second wave studies,’ and we identify a series of critical theoretical issues that emerged from the thinking during these periods. Then, focusing on the state of Michigan, USA, we examine empirical research that was conducted in the second wave and compare the results with a state survey that we conducted in 2005. The overall aim of this paper is to summarize the extent of theoretical and empirical studies of informal economy before the more recent postmodern informed analysis of the 1990s, and to document shifts in patterns of informal economic activity as this is revealed from the research. We conclude with a discussion of theoretical and empirical questions that have begun to be addressed in the last 15 years of what has now been 50 years of research on this topic.     

Derrida’s Other Ends of Man

In ‘Force of law’ Derrida appears to suggest that emancipatory ideals and human rights have a continuing relevance. This may seem a surprising proposition from a theorist often interpreted as critical of humanist and Enlightenment principles. This paper argues, however, that Derrida does not reject, outright, humanist, Enlightenment and emancipatory strategies but instead deconstructs these in order to propose alternate ‘ethical’ and ‘political’ possibilities. Focusing on ‘The ends of man’, ‘Force of law’ and ‘Autoimmunity’ this paper argues that Derrida does not advocate an anti-humanism but instead gestures toward an alternate unconditional hospitality, responsibility, friendship, justice and democracy-to-come, displacing the anthropomorphism of humanism and advocating instead an openness to a heterogeneous otherness.     

Madness and the Law: The Derrida/Foucault Debate Revisited

In this article the Derrida/Foucault debate is scrutinised with two closely related aims in mind: (1) reconsidering the way in which Foucault’s texts, and especially the more recently published lectures, should be read; and (2) establishing the relation between law and madness. The article firstly calls for a reading of Foucault which exceeds metaphysics with the security it offers, by taking account of Derrida’s reading of Foucault as well as of the heterogeneity of Foucault’s texts. The article reflects in detail on a text of Derrida on Foucault (‘Cogito and the History of Madness’) as well as a text of Foucault on Blanchot (‘Maurice Blanchot: The Thought from Outside’). The latter text shows that Foucault was at times acutely aware of the difficulty involved in exceeding metaphysics and that he realised the importance in this regard of a reflection on literature. These reflections tie in closely with Foucault’s History of Madness as well as with Derrida’s reflections on literature and on madness. Both Derrida and Foucault contend that law has much to learn from literature in understanding the relation between itself and madness. Literature more specifically points to law’s ‘origin’ in madness. The article contends that a failure to take seriously this origin, also in the reading of Foucault’s lectures, would amount to a denial by law of itself.     

Kant, Copyright and Communicative Freedom

The rapid recent expansion of copyright law worldwide has sparked efforts to defend the ‘public domain’ of non-propertized information, often on the ground that an expansive public domain is a condition of a ‘free culture’. Yet questions remain about why the public domain is worth defending, what exactly a free culture is, and what role (if any) authors’ rights might play in relation to it. From the standard liberal perspective shared by many critics of copyright expansionism, the protection of individual expression by means of marketable property rights in authors’ works serves as an engine of progress towards a fully competitive ‘marketplace of ideas’ – though only if balanced by an extensive public domain from which users may draw in the exercise of their own expressivity. This article shows that a significantly different, and arguably richer, conception of what a free culture is and how authors’ rights underpin it emerges from a direct engagement with the philosophy of Immanuel Kant. For Kant, progress towards a fully emancipated (i.e. a ‘mature’ or ‘enlightened’) culture can only be achieved through the critical intellectual activity that public communication demands: individual expressive freedom is only a condition, not constitutive, of this ‘freedom to make public use of one’s reason in all matters’. The main thesis defended in this article is that when Kant’s writings on publicity (critical public debate) are read in relation to his writings on the legal organization of publishing, a necessary connection emerges between authors’ rights – as distinct from copyrights – and what Jürgen Habermas and others have named the public sphere. I conclude that it is the public sphere, and not the public domain as such, that should serve as the key reference point in any evaluation of copyright law’s role in relation to the possibility of a free culture.