Fatal imaginations: death squads in Davao City and Medellín compared

This article examines the role social imaginations play in legitimizing extrajudicial killings by death squads in the era of globalization. The role of popular imagining has expanded into a widespread social practice as people increasingly draw on images from all over the world via modern communication technologies. Drawing on Mary Douglas’ concept ‘matter out of place’ and Nancy Scheper-Hughes’ ‘symbolic apartheid’ we argue that to a certain extent, dehumanizing imaginations about socially excluded groups legitimize death squad killings. The article compares two case studies on death squads in the cities of Medellín, Colombia and Davao City, Philippines. We conclude that social imaginations in the era of globalization may be a driving force behind death squads in these and other major cities in the world.     

Coase’s world and Coase’s blackboard

In this contribution I focus on a particular characteristic of Ronald Coase’s work, as exhibited in “The Problem of Social Cost”: his ability to force upon his audience a clearer grasp of reality than they previously held. More specifically, I aim to consider to what extent the “blackboard economics” that Coase himself derided have been avoided in a Coasean world, taking that expression to refer in some sense to a world where Coasean insights can flourish, and as such to be a world not simply of Coase’s own making but a world that has been developed by others in applying the Coase Theorem. My strategy is to interrogate the nature of a Coasean world through developing a framework that can look more closely at different approaches to theoretical modelling, the different worlds involved in these models, and the different positive and normative applications that can be derived from them. I shall further consider whether the understanding of the law that inhabits a Coasean world reflects a “real-world” legal environment. Finally, I shall seek to assess the impact of Coase’s work on our understanding of the relationship between law and economics, in our world.     

Are Just-World Beliefs Compatible with Justifying Inequality? Collective Political Efficacy as a Moderator

Previous research demonstrates that the belief in a just world is often accompanied by the justification of social inequality and by low socio-political participation (e.g., Jost and Hunyady, Curr Direct Psychol Sci 14:260–265, 2005). However, studies provide evidence that the relations may be moderated by individual differences such as a person’s self-efficacy expectations to promote justice and equality (Mohiyeddini and Montada, Responses to victimization and belief in a just world, 1998). At the societal level, collective political efficacy has consistently been found to foster political participation (cf. Lee, Int J Public Opin Res 22:392–411, 2010). In our study, we tested whether collective political efficacy may attenuate the negative social impact of the belief in a just world: It is predicted that when collective political efficacy is low, a strong belief in a just world would increase the motivation to justify inequality. By contrast, when collective political efficacy is high, the belief in a just world would not increase, but potentially decrease the motivation to justify inequality. In turn, justification of inequality is expected to negatively affect socio-political participation. Data from 150 university students were analyzed using moderated structural equation modeling. In our study, the expected moderating effect of collective political efficacy on the relation between belief in a just world and justification of inequality was established empirically. When collective political efficacy was high, justification of inequality did not inevitably increase with the belief in a just world. In addition, the impact of belief in a just world on justice-promoting behavior was mediated by justification of inequality. Implications for theory and future research are discussed.     

Philosophy of Law Against Sovereignty: New Excesses,Old Fragmentations

The only way of entering the world of ‘fragmented law’ (or ‘societal constitutionalism’) is arguably to make normative fragmentation correspond with constituent excess. As Foucault would say, once we are involved in an ‘epistemic crisis’, we must then modify those systems that organise knowledge in conjunction with the very forms that produce it. This contribution considers some privileged forms of critique and reconstruction beyond normative fragmentation and essentially argues in favour of governance dynamics, as well as for ontological devices engaged in the production of subjectivity.

Altruism Behind Bars: Sharing, Justice, Perspective Taking and Empathy Among Inmates

Anecdotal stories suggest that inmates engage in altruistic acts to partially compensate for past criminal behaviour. Little research has investigated this phenomenon. In this study, we used the dictator game—a measure developed in experimental economics—to assess inmates’ and non-inmates’ altruistic behaviour. Furthermore, we examined whether personal belief in a just world (BJW), perspective taking and empathy predicted altruistic behaviour. Our sample was comprised of 50 male inmates and 50 age-matched non-inmates. Results showed that inmates displayed more altruistic behaviour and higher empathy compared to non-inmates. In addition, in inmates altruistic behaviour was positively predicted by BJW and perspective taking, whereas in non-inmates altruistic behaviour was positively predicted by empathy. Theoretical and practical implications are further discussed.     

The Pleasure is Mine: The Changing Subject of Erotic Science

Pleasure, the defining object of kāmaśāstric scholarship, is harmonious sensory experience, the product of a “good fit” between the self and the world. It comes about when one moves in a world of fitting sense objects, and one has made oneself fit to enter that world. The bulk of kāmaśāstric literature is devoted to developing, enhancing, and enacting specific bodily and sensory capabilities in order to maximize one’s ability to affect and be affected by the world. This article examines the model of subjectivity implied by kāmaśāstra, tracking two sorts of changes to the self assumed by this body of texts. First, it presents and analyzes the ways in which the social actors described in this literature come into being in and through the cultivation and performance of particular bodily and social acts; the “artifactual” nature of the self is presumed. Second, it considers the changing set of acts that are described and prescribed over the course of kāmaśāstric history, noting the increasing place of physiognomy and of magico-medical alterations of the body, and the elision of the social sphere of sensual activity. Finally, this article situates the kāmaśāstric model of subjectivity in relation to the larger śāstric project, drawing out the model of empiricism that it presupposes, and speculating upon the epistemological/ontological implications of kāmaśāstra as a science.     

Effects of Victimization on the Belief in a Just World in Four Ex-Yugoslavian Countries

Levels of support for just world beliefs among young adults (N = 598) from four ex-Yugoslavian countries—Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, and Slovenia—were compared, taking into account victimization experiences and the general belief in a just world. Being a victim affected an individual’s belief in a just world in the two less economically favored contexts: Victims of exclusion in Macedonia and victims of war in Bosnia and Herzegovina were less likely to believe in a just world than non-victims. These victimization variables partly explained why the mean scores of these two countries were less than those of the two others. A deleterious effect of cumulative negative events on belief in a just world was identified, in parallel with a lower endorsement of the belief when the first victimization occurred more recently.     

Foe or Friend of GATT Article XXIV: Diversity in Trade Remedy Rules

While the WTO Member countries continue to increase their FTAarrangements with divergent frameworks, they have begun to adoptmodified WTO trade remedy systems in FTAs. Although the contentand degree of these modified systems may not be significantyet, they still set very important precedents, or ‘seeds’,for ‘rule diversification’ in the world tradingsystem. Such modification typically aims to further liberalizemutual trade between FTA parties and thereby contribute to afreer world trading system. However, such rule diversificationappears to be inconsistent with the mandate of Article XXIVof GATT by worsening economically inferior trade diversion.The reinterpretation of the legal obligations in Article XXIVcommensurate with economically more reasonable structures impliesthat trade remedy rules in FTAs should be applied on a non-discriminatorybasis. Moreover, an FTA safeguard measure must precede a WTOsafeguard measure to ensure optimal competitive conditions amongtrading partners. In sum, the right channel for improving thecurrent WTO trade remedy systems is not the FTA forums but theWTO negotiation.     

Offshore IT Outsourcing and the 8th Data Protection Principle - legal and regulatory requirements - with reference to Financial Services

In the global sourcing world, particularly in financial services,offshore outsourcing and associated data transfers are commonplaceand increasing, searching out lower cost third countries, whichmay have even fewer data protections. In such an environment,the1998 Data Protection Act’s 8^th Principle and associated7^th Principle security provisions become critical protectionsfor UK data subjects. Yet the few statistics that exist indicate that unrestrictedtransfers appear to occur from several EEA countries. Furthercriticisms are that the UK 1998 Act does not fully align withthe EEA Directive, the Schedule 4 exceptions are overly wide,the country assessment process can be ignored with the InformationCommissioner’s ‘blessing’ and his powers andresources are limited. Financial Services may be a contrasting exception, where theindustry regulator, the FSA, ‘incidentally’ enforcesmany of the data protection requirements of overseas data transfers,has significant direct enforcement powers and a model ADR approachthrough the Financial Ombudsman. Although the UK banking lawand regulation meets many privacy requirements, it falls shortof the full data protection requirements, clearly illustratingthe value that data protection legislation brings. The alternative self regulatory approach exemplified by theUS Safe Harbor illustrates the weaknesses of pure self regulation,recognized by the US financial services which are moving towardscentralized data privacy supervision with the Gramm-Leach-BlileyAct, reinforcing the worldwide trend towards a more EEA-stylesupervised personal data protection world. In short, seven years after the 1998 Act was passed, we areready for an appropriate mid-course correction, with the 8thPrinciple (& 7^th Principle) needed more than ever in thegrowing outsourced world.     

Justifying Inequality: A Cross-Temporal Investigation of U.S. Income Disparities and Just-World Beliefs from 1973 to 2006

This cross-temporal meta-analysis examined 6,120 American college students’ scores on the Belief in a Just World Scale (BJW; Rubin and Peplau, J Soc Issues 31(3):65–90, 1975) across the last three and a half decades. Drawing on models of belief threat, we examined whether the causal relationship between perceived injustice and increases in BJW could extend from the laboratory to society by using macro-economic injustice trends to predict changes in BJW across these decades. Specifically, we hypothesized that perceptions of inequality, operationalized as rising income disparities, would result in a greater need to justify this inequality and that this would be evidenced by increased commitment to just world beliefs over time. Consistent with this prediction, BJW scores increased significantly over time and this increase was positively related to increasing income disparities in society. Income inequality remained a significant predictor of BJW scores even after controlling for additional factors of general income and political ideology. Implications of increasing just world beliefs are discussed in terms of psychological and policy outcomes.     

Promoting university startups: international patterns, vicarious learning and policy implications

Anecdotal evidence indicates universities around the world fashion programs to permit or encourage university-linked start ups, in pursuit of improved regional wealth and job creation, often influenced by the iconic vision of Silicon Valley. This paper explores whether these programs are leading to a pattern of similar startups across the world, and gradually improving performance, or to ongoing variation in activities and outcomes, with potential for both harmful and serendipitous unintended outcomes. We use a theoretical lens of research on multiple organizations trying to learn from others—or repeated vicarious organizational learning. The paper first suggests that while startup programs share similar goals they do not generate similar startups across regions and time, with important variation in structure, links to home schools, and localization. It then posits that these programs appear to have varied outcomes in terms of their economic goals, and stresses the difficulty and importance of evaluating this issue. Finally, the paper details important potential unintended (collateral) outcomes, both harmful and valued. Dangers noted include not only traditional concerns with science norms or faculty time, but also the potential impact on humanities and the social sciences. Potential collateral benefits include facilitating the ability of students and citizens to create new forms of value more broadly. Theoretically, the paper speculates that ongoing vicarious learning by multiple organizations in this context may increase or at least sustain variation in outcomes, leading to some excellent but many indeterminate or harmful outcomes rather than homogenization among startups or outcomes. From a policy viewpoint, our review suggests that policymakers should abandon the search for a ‘secret sauce’ that will assure regional growth from startups. Instead, we suggest that they tailor programs to local skills and experience, actively monitor economic and non-economic impact, and expand the overall vision to include values and skills of autonomy and the creation of new forms of value more broadly.     

Imagining Human Rights: Utopia or Ideology?

Human rights are both a means for the ideological justification of the status quo and for its utopian subversion. In order to account for this paradox we need to consider the role that our capacity to form images plays in human rights discourses. I will first discuss how best to conceptualise the capacity to produce images, which is the focus of this paper. In order to go beyond the impasse generated by philosophical approaches to imagination as an individual faculty, and by sociological approaches to the imaginary understood as a social context, I propose to use the category of the ‘imaginal’, understood simply as that which is made of images and can therefore be both the product of an individual faculty and a social context. Second, I show how the imaginal enters the three major strategies of justifications of human rights, when we think of them as ‘human’, as ‘rights’ and as ‘rational’. Finally, I will show that the imaginal is also the force that compels us to enforce human rights, to put ourselves in the shoes of others and imagine a world that is different from the one in which we are currently living.     

Towards a global critical justice problematic

This paper argues that a global perspective is demanded by neo-Marxist methodological considerations, pointing out that traditional comparative criminology has been seriously flawed in its assumptions and preconceptions. A critical comparative criminology must be based on a world system and/or dependency model, coupled with human rights concerns. The crucial concerns of critical criminology are re-identified within a problematic of the concepts: “reproduction”, “production”, “the state”, and “transformation”. Their relevance to a comparative criminology is underscored, by way of critiquing north/western (including Canadian) critical criminology. The paper ends by drawing out some of the implications of this approach for justice theory and research in Canada.     

LON FULLER’S PHENOMENOLOGY OF LANGUAGE

This essay retrieves Lon Fuller’s theory of language and the role of experience in such a theory. The essay distinguishes meaning from signification. A sign signifies or represents an object. Meaning is experienced before one ever signifies an object. Signification is cognitive. Meaning is bodily. Fuller locates meaning in what Hart excluded from legality as “pre-legal”. In the pre-legal realm, meant objects draw from memories and expectations. The memories may have been personally or collectively experienced. The analysis of rules takes signification for granted, however. When meaning is privileged, we appreciate why interpretation figures importantly in the role of the lawyer/official. So too, shared meanings, ‚located’ in experienced time, explain understanding and communication between members of a group. As a consequence of Fuller’s insights, meaning pre-conditions communication as well as the analysis of the signified rule. Since traditional analytical jurisprudence holds out that lawyers/officials analyse rules, both jurisprudence and the analytic project, Fuller cautions, risk being estranged from the lived meanings of the pre-legal realm. Instead, jurisprudes, lawyers and officials risk locking themselves into a fictitious world of dead concepts which are better known as rules.An earlier draft of this paper was given to the Cambridge Forum for Legal and Political Philosophy, Cambridge UK. I am grateful to the participants for feed-back. I am also grateful for the research facilities of Clare Hall College, Cambridge, where the essay was researched and written, and to the anonymous referees of this journal.     

<Emphasis Type="Italic">Ayam aham asmīti</Emphasis>: Self-consciousness and Identity in the Eighth Chapter of the <Emphasis Type="Italic">Chāndogya Upanişad</Emphasis> vs. Śankara’s <Emphasis Type="Italic">Bhāşya</Emphasis>

The article offers a close reading of the famous upanişadic story of Indra, Virocana and Prajāpati from the eighth chapter of the Chāndogya-Upanişad versus Śankara’s bhāşya, with special reference to the notions of suşupti and turīya. That Śankara is not always loyal to the Upanişadic texts is a well-known fact. That the Upanişads are (too) often read through Śan-kara’s Advaitic eyes is also known. The following lines will not merely illustrate the gap between text and commentary but will also reveal an unexpected Upanişadic depiction of ‘dreamless sleep’ and ‘transcendental consciousness’. Suşupti is described here as ‘one step too far’, as a ‘break’ or discontinuity in one’s consciousness; whereas turīya is depicted positively, and surprisingly even in wordly terms. Unlike the third state of consciousness in which there is no ‘world’ nor ‘me’, and which is described through Indra’s character as ‘total destruction’ (vināśa); in turīya, the world ‘comes back’, or rather the ‘renouncer’ returns to the world. Sankara’s position, as far as the story under discussion is concerned, is radically different. For him, the Upanişadic story illustrates the continuity of consciousness in all its states. For him, the identification with merely one of the consciousness-states is an error (adhyāsa) which causes suffering. Consciousness prevails even in suşupti, and turīya has nothing to do with ‘coming back to the world’, since there is nowhere to come back from or to. Turīya, as seen by the Advaitin, consists of all the other states of consciousness together, or as K. C. Bhattacharyya puts it, ‘It is not only a stage among stages; it is the truth of the other stages’. The article is dedicated to Prof. Daya Krishna (1924-2007).     

A Timely Jurisprudence for a Changing World

This article is an innovative piece and at the same time—a timely piece, in a world of global warming. A time in which fierce scientific debates are being fought over anthropogenic impact. Yet the general public would appear to ‘feel’ the change, without any need for measurement and contesting of findings. This ‘feeling’ is manifest in the Earth Hour. It is this collective act which I would argue is borne out of feelings for the earth. Feelings which tell people instinctively a change in behaviour is needed. This article therefore examines the semiotics of a jurisprudence which is premised on feelings. Feelings towards the Djang—a primordial force expounded by the Australian Aboriginal Senior Law Man Bill Neidjie of the world heritage listed—Kakadu National Park, Australia. He foresaw the climatic shifts and wanted to assist European Australians—Balanda to help avert the possible consequence.     

Study on the contest between free trade and trade protection in the current global economic recession: A perspective of public international law

For a long time there has been a contest between free trade and trade protection as the best strategy of promoting local and global economy. When the globe is again in the midst of economic recession, this contest intensifies. The current recession knocks out a severe blow to free trade as the “game rules” of world economy and aggravates the perplexities of free trade in certain aspects, which then arouses suspicion on the legitimacy of free trade. In order to address domestic economic and social problems, the “stimulus packages” of some countries offer much support to trade protection, further intensifying this contest. Confronted with the global economic disaster, trade protection can be helpful for alleviating the pressure in a given economy and thus mitigating domestic contradictions in a short period, but it may also complicate the legal order of trade and bring hindrance to domestic markets as well as international ones, and consequently, it will jeopardize the rights and interests of ordinary consumers and even stir up the grievance and resentment domestically or internationally. As the current economic recession has been a pressing issue for all the countries, there is a dire need for concerted efforts in the globe to stimulate the vigor of world economy and tide over the disaster.     

Kant’s Project of Perpetual Pacification

Richard Tuck locates a conundrum in the Hobbesian world view. Whereas the nation-state is desired to effect the pacification of the domestic sphere, a world state and the promise of global pacification is feared. Kant’s strong program for perpetual peace is presented as a moral imperative to establish through legal means a world republic based on reason and individual autonomy. Kant emphasizes the empirical impossibility of a world republic and hence advocates the weaker program of a world federation of states. This essay argues not the empirical but the logical impossibility of Kant’s strong program and by extension any program of perpetual peace that claims to be essentially different from ‘mere’ peace as truce. In so doing this essay distinguishes between political theory based on the assumption of the ontological priority of peace and political theory based on the assumption of the ontological priority of violence and argues for the necessity of thinking the latter.

On the Normativity of Expressing the Belief in a Just World: Empirical Evidence

There is a large body of evidence that the belief in a just world (BJW) affects people’s behaviors and attitudes, either through secondary victimization of innocent victims or the promotion of helping behavior. In this article, we aim to address the normativity of the very expression of BJW. Results of two experimental studies show that the expression of a higher degree of BJW is more socially valued than that of a lower one. We argue that this pattern should not only be seen as deriving from intrapersonal motivation to see the world as a predictable place, but also as a norm which seems to be perceived as having both social utility and desirability. The research reported in this article was supported by grant SFRHD/BD/10816/2002 awarded to Hélder Alves by Fundacao para a Ciência e Tecnologia. We thank Jorge Vala, Melvin Lerner, and Sven Waldzus for their suggestions during this research and to Kees van den Bos, José-Miguel Fernández-Dols and Cícero Pereira for their comments on previous versions of this article.