Introduction to special issue: contradictory interests of offspring and parents, 1500–2000

Conflicts between parents and offspring at home are not a popular issue, at least not in the field of the history of the family. Nevertheless do they occur and it might be rewarding to study these phenomena, although historical sources are scarce. They can be an expression of more general social tensions and they might provoke social changes. This Special Issue presents four contributions in which the central focus is about tensions between parents and grown-up offspring that is still at home. Three topics will be dealt with: marriage, earnings of children working elsewhere, and the threat of leaving home. Factors that seem to affect the balance of interests between parents and offspring include parental power, family needs, public authority and interests taken by children in the outside world.     

The Dragon’s shadow: an introduction to the special issue on ‘Chinese organized crime’

This paper provides an introduction to the articles submitted to the special issue of Trends in Organized Crime bringing forward numerous empirical research findings and theoretical accounts on Chinese organized crime in China and beyond.     

An introduction to the special issue on ‘Organised crime and illegal markets in the UK and Ireland’

This paper provides an introduction to the articles and report excerpt submitted to the special issue of Trends in Organized Crime on ‘Organised crime and illegal markets in the UK and Ireland’. The aim of the special issue is to draw together empirical research findings and theoretical accounts on various manifestations of organised crime in the particular geographic context(s), the evolution of organised crime, the links between organised crime, the legal sphere and paramilitary groups, as well as an account of the demographic profile and attitudes of citizens in areas in which organised crime groups thrive.     

Islamo-Arabic Culture and Women’s Law: An Introduction to the Sociology of Women’s Law in Islam

The present paper addresses the mutual relationship between society and law in shaping women’s law in Islam from the perspective of the sociology of law. It analyzes the role of pre-Islamic social, political, and economic structures in the Arabian Peninsula in modeling women’s law and highlights some customary laws which were rejected or revived and integrated in Islamic jurisprudence. In this regard, the paper reviews issues such as polygyny, rights to inheritance, marriage, the process of testimony and acceptable forms of evidence in legal matters, diyya (blood money), the exclusion of women from the judiciary and the system of issuing fatwa (legal opinion), natural right of guardianship (wilāya) of underage children after divorce, and regulations related to the veil. Finally, referring to the manner of the Prophet of Islam, the paper suggests that ?urf (custom) can be considered as a source of Islamic legislation alongside other commonly known sources of fiqh (Islamic jurisprudence).     

Asterix and Obelix in Drugland: an introduction to the special issue on ‘drug markets’

This paper provides an introduction to the articles bringing forward empirical research findings and theoretical accounts on drug markets, raising questions about the nature of the relationship between the organization of drug markets and the official frameworks surrounding them, and, importantly, about the complexity of this relationship.     

The ARAB Spring’s Constitutional Indigestion: Has Democracy Failed in the Middle East?

In 2013, 3 years after the advent of the ‘Arab Spring’, there is still no single unifying political reform narrative in the Arab World. The unprecedented opportunity for reform and state building appears to have stalled with Islamist movements more concerned with questions of Islamic identity and religious ethics rather than constitutionalism. Incoming governments have lapsed back to the use of police power to curb dissent and protest thus raising the crucial questions: Have post-revolution events proven that the Middle East is incompatible with democracy? Is entrenching democracy in the Middle East failing?     

The Situation in Libya and the ICC’s Understanding of Complementarity in the Context of UNSC-Referred Cases

The PTCI’s decision on the admissibility of the case against Saif Al-Islam Gaddafi and the subsequent AC Judgement are the first expressions of the ICC’s understanding of complementarity in Article 13(b) cases. Admissibility decisions display how the ICC attempts to strike the balance between international justice and states’ right to exercise their territorial criminal jurisdiction. In relation to cases triggered by UNSC referrals, these decisions also mark the delicate moment in which the ICC’s interaction with the politics UNSC is unveiled. In the case against Saif Al-Islam Gaddafi the ICC seems to have taken deferent approach toward the highly authoritative mechanism that triggered the case. Legally speaking, these decisions might appear as a missed opportunity. They fail to provide a conclusive clarification of the parameters of the ‘same case’ test. First, the AC did not subscribe to the offence-specific interpretation of the ‘same conduct’ test embraced previously by PTCI and, in the name of consistency with the Court’s previous case law, reverted to the incident-specific approach adopted in Lubanga. However, the case-by-case approach adopted by the AC undermines the legal certainty that the AC meant to achieve in the definition of the admissibility test. Moreover, the AC has failed to appraise the PTCI’s conclusion that domestic implementation of international crimes is not necessary for the purposes of successfully challenging the admissibility of a case. Finally, in light of the constraints imposed by Article 17(2) on the relevance of due process violations, the PTCI’s decision to reject on the grounds of ‘inability’ as opposed to ‘unwillingness’, which again the AC did not consider, could be seen as evidence of a deferent stance toward the UNSC.     

It’s a Man’s World,Try to Convince the Men Otherwise: The Role of Women in Irish Policing

Police organizations are historically and predominantly male organizations; as such, the purpose of this study is to examine the role of women in Irish policing. The literature review will analyze gender-specific organizational literature, focused on the United States. Theoretical components include biological determination and social constructivism in the policing context. The study is conducted through qualitative interviews and thematic analysis of 10 current and former Gardaí in Ireland. This study empirically contributes to how the organization views gender and how those differences are institutionalized in that Gardaí are treated differently based on their gender.     

The Jolly Hangman, the Jailed Journalist, and the Decline of Singapore’s Death Penalty

British journalist Alan Shadrake was convicted of contempt of court in 2010 for writing a book about capital punishment in Singapore. This article uses that book and other sources to analyze four aspects of Singapore’s death penalty. It begins with a profile of Darshan Singh, the hangman who executed 1,000 persons over the past half-century. The article then shows that Singapore’s system of mandatory capital punishment does not produce consistency in death penalty decision-making. Next the article argues that the prosecution of Shadrake increased criticism of capital punishment in Singapore by propelling his book to bestseller status. This is followed by an explanation of why the number of persons executed in Singapore has declined in recent years, from an average of 66 per year in the mid-1990s to an average of 5 per year since 2004. The key proximate cause of this decline appears to be prosecutors, who can use their discretion to charge defendants for possessing amounts of heroin, cannabis, cocaine, and methamphetamine that are just under the thresholds for a mandatory death sentence. Capital punishment in Singapore is not really mandatory, and it cannot escape the problems of bias and arbitrariness that have long plagued discretionary death penalty systems in the United States, Japan, and other nations.     

The Evolution of the CPC’s Conception of Association and Regulation of Social Organizations in China

Freedom of association and all institutions coming with it have not been accepted by the Chinese government. Instead, Chinese social organization administration is based upon the concept of association held by the Communist Party of China (CPC). The Chinese government had adopted a “total control” model of social organization administration in the era of totalitarianism before the “Opening-up and Reform”, leaving almost no room for social organizations to survive, because the CPC had regarded social organizations as “revolutionary” and “deconstructive”. The Chinese has adopted a graduated control system to administrate social organizations in the era of authoritarianism after the “Opening-up and Reform”, treating social organizations differently according to their threats to the ruling order and their utilities for economic development, because the CPC has viewed social organizations as a “challenging” but “auxiliary” power. The on-going “innovation of registration and administration of social organizations” is not a return to international standard regarding social organization administration in China, but only partial reform of the graduate control system still based upon the CPC’s conception of association as “challenging” but “auxiliary”. Social organizations capable of providing public goods in areas of economic development and social services are given more favorable treatment by the government while political and religious organizations are still tightly controlled by the government.     

‘The beneficent and legal godfather’: a history of the guardianship of unaccompanied immigrant and refugee children in Australia, 1946–1975

Abstract

In Australia in 1946, the Immigration (Guardianship of Children) Act was passed. This Act was intended to support the postwar migration to Australia of British children, unaccompanied by their parents, and provided them a guardian in Australia: the Immigration Minister. This key provision of the Act continues into the present, covering all unaccompanied child migrants, including refugees. Starting with the parliamentary debates which occurred at the formation of the Act in 1946, this article traces a history of the Act until its first High Court challenge in 1975. In doing so, a focus is placed on a series of key questions raised by its production of categories: How does the Act construct ideas of migranthood? What do the discussions it has provoked have to say about notions of parenthood and the ideal family? And, finally, what concepts of the child have been produced through this legislative and legal history? Through an examination of archival materials, parliamentary debates, court records, and newspaper coverage, this article explores the discursive productions of the Act, following the understanding that ideas of the family, of parenthood, of guardianship, of migrant status, and of the child are not natural, but instead are historically created and produced, here through racialized techniques of governmentality.     

Editors’ Introduction to the Special Issue, “Southern Criminologies: Methods,Theories and Indigenous Issues”

Critical Criminology -     

Comparative study of sustainable and non-sustainable interventions in technology development and transfer to the women’s vegetable gardens in the Gambia

In the Gambia numerous projects have been implemented to boost vegetable production. A survey was conducted in Kanifing Municipality and Western Division of the Gambia to determine the level of technology development and transfer. The result shows that the total membership of the intervention sites is 726 and 1,115 growers in the non-intervention sites respectively. From the survey 92% of farmers considered variety improvement as a priority area for technology development. The result indicated that 45% of the respondents regard that 80% of technologies comes research and farmers and 90% of technology dissemination to farmers is through the public extension system, and 20% of respondents mentioned farmer groups. The aim of this study was therefore to examine acquisition, technology development, and transfer to farmers and to come with appropriate strategies of technology transfer in The Gambia in the areas of production and marketing of vegetables.      

Women’s Knowledge of the Domestic Violence Legislation in Erbil,Iraq and their Response to Spousal Violence

This study assessed the knowledge of 82 married women about existing legislations and law enforcement structure in Iraqi Kurdistan region to combat violence against women and women’s response to spousal violence. A female physician interviewed the participants using a specially designed questionnaire. The women possessed good knowledge about the presence of legislation (76.8 %) and related law enforcement structure (70.7 % to 74.4 %) to combat violence against women, but they lacked adequate knowledge about how to contact the law enforcement agencies. Women’s response to spousal violence primarily included self-defense (37.8 %) or keeping silent (26.8 %), rather than seeking justice (4.9 %). Women’s educational status was positively associated with reporting violence to police (52.1 % vs 29.4 %, p = 0.041) and the health staff (62.5 % vs 35.3 %, p = 0.015). Further research is needed to explore the reasons behind women’s poor knowledge of the details of the existing law enforcement structure and women’s reluctance to seek justice.