共查询到20条相似文献,搜索用时 31 毫秒
1.
John Lea 《Crime, Law and Social Change》2010,54(2):141-158
Left Realism, as it emerged in the mid 1980s in the UK was a policy-oriented intervention focusing on the reality of crime
for the working class victim and the need to elaborate a socialist alternative to conservative emphases on ‘law and order’.
It saw the renewal of high crime, deprived communities as involving democratic police accountability to those communities.
During the subsequent period developments have moved very much against the orientations of Left Realism. This paper compares
two different contexts of renewal—the deprived urban community in the UK and the war-torn ‘failed state’ in Bosnia—and identifies
certain common policy orientations which are then criticised from a Left Realist perspective. 相似文献
2.
Julie Dickson 《Law and Philosophy》2011,30(4):477-497
In a series of powerful and challenging articles emerging since the mid-1990s, Brian Leiter has argued that certain theoretical
strains in contemporary legal philosophy are ‘epistemologically bankrupt’, in virtue of their reliance on misguided argumentative
devices: analysing concepts, such as the concepts of law and of authority; and doing so by appealing to intuitions regarding
the correct way to understand the concepts in question. In response to this state of affairs, Leiter advocates that jurisprudence
ought to attempt to catch-up with ‘naturalistic’ developments which have influenced the direction of other branches of philosophy
– such as epistemology, philosophy of mind, and moral philosophy – in the last few decades. This article offers a critical
analysis of some of Leiter’s proposals for what Jurisprudence should become, in light of his views on the relevance of naturalism
for this discipline. 相似文献
3.
Malcolm Voyce 《Law and Critique》2010,21(2):183-198
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. 相似文献
4.
Preeti Nijhar 《Liverpool Law Review》2006,27(3):337-360
This article seeks to identify how, and in what ways, the debate over ethnic identity acquired saliency during the different
phases of black settlement in England, especially against the backcloth of the socio-cultural processes and the economics
of colonialism. It outlines how the ‘other’ was constituted in different discourses, policies, and practices, and how these
constructions were appropriated by the criminal justice agencies. Critically, ethnic identity as subordinate and ‘inferior’
was produced by many of the same mechanisms as was developed with regard to the indigenous ‘criminal’ class in Victorian England.
Societal reaction, through criminal and civil statutes, established the identity of the ethnic minorities of early nineteenth
century England, not just as subordinate strata, but also by a more complex process, as a variant of the newly emergent ‘criminal’
class. It is argued that, caught in the hub of empire, the ‘ayahs’, the ‘lascars’ and the domestic servants (See R. Visram,
The Ayahs, Lascars and The Princes (London: Pluto).) in England’s ports found themselves reconstructed as part of the ‘criminal’ class and subsequently subjected
to disciplinary measures of social control and surveillance. The author argues with regard to the indigenous population, conceptions
of the threat of the non-Western crystallised around the same popular images of ‘savagery’ and of moral degeneracy, a process
reinforced in imperial fiction. A desire to ‘civilise’ and improve the peculiar habits of the non-Western followed directly
from indigenous precedent. 相似文献
5.
Emilios Christodoulidis 《Law and Critique》2009,20(1):3-26
The paper is an exploration in critical legal theory, and argues for a return to thinking of critical legal intervention in
political-strategic terms. If the insistence is on strategies of rupture it is because the attention is on what registers
as resistant, neither reducible to—nor co-optable by—the order it seeks to resist. It is argued that if law is to offer redress
to injustice it has to offer terms that can break incongruently, irreducibly so, with the order of capital, and its economy
of representation, not couching critique within its terms, taking flight into the mysticism and escapism of the ‘ethical turn’,
or entrusting critique unconditionally to the deconstructive energies of the law. The paper explores how difficult the task
facing critical legal theory is in view of law’s power of ‘homology’ and its ‘mechanisms of deadlock’. Both within the courtroom
(the focus here is on the tactics of rupture of the lawyer Vergès) and outside it, a return to a strategic understanding of
law underlies its deployment as means of critique (‘simple’ or ‘immanent’) or object of confrontation rather than horizon
of communicative exchange. 相似文献
6.
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. 相似文献
7.
Toomas Kotkas 《Law and Critique》2010,21(2):163-182
This article discusses the role of individual rights in the production of active citizenship. In recent years, the notion
of ‘active citizenship’ has become an object of research in both political and social science. Studies that draw on the Foucaultian
governmentality tradition have been particularly interested in various societal discourses and practices through which active
citizenship is being produced. However, the role of law and rights has been neglected or even rejected in these studies. The
aim of this article is thus to show that certain procedural rights, the right to participate in particular, constitute an
important legal technology in the production of active citizenship. The analysis is based on the recent developments in Finnish
social and health care law. It will also be argued that despite the apparently convergent subject-matter, Jürgen Habermas’s
normative theory of the ‘procedural paradigm of law’ does not offer a meaningful framework in which to address the relationship
between active citizenship and procedural rights since it is based on an overly narrow conception of subjectivity. 相似文献
8.
Dominic A. S. Pearson Cynthia McDougall Mona Kanaan Roger A. Bowles David J. Torgerson 《Journal of Experimental Criminology》2011,7(1):73-102
‘Citizenship’ is a structured probation supervision program based on ‘what works’ principles, designed for offenders on community
orders or licenses supervised within the UK National Probation Service. The program was evaluated using survival analysis
comparing the reconvictions of a cohort of all offenders in one probation area eligible for Citizenship over a 2-year period
(n = 3,819) with those of a retrospective cohort of all eligible offenders in the same probation area receiving ‘traditional’
probation supervision (n = 2,110), controlling for risk related factors. At the 2-year stage, 50% of offenders in the comparison group had reoffended
compared to 41% in the experimental group, and the difference between the survival curves was statistically significant. The
hazard ratio was 0.69, which represents a 31% reduction in reconvictions in the experimental group over the proportion in
the comparison group at any given time. Time to violation of a supervision order or post custody license was also statistically
significantly longer in the experimental group. A key element of the program, promoting contact with community support agencies,
was statistically significantly related to reduced reoffending in the Citizenship group. The overall effects remained after
controlling for differences in risk scores although effectiveness varied by risk level. Contrary to other ‘what works’ research
findings, the program was found to be most effective across the low–medium and medium–high risk thresholds, and was not effective
with the highest risk group. This difference can be explained and is discussed in terms of risk, need, and responsivity principles.
The Citizenship program was found to be cost-beneficial. 相似文献
9.
Eric Heinze 《Law and Critique》2009,20(1):79-103
The seventeenth century placed Western political thought on a path increasingly concerned with ascertaining the legitimacy
of a determinate individual, parliamentary or popular sovereign. As early as Shakespeare, however, a parallel literary tradition
serves not to systematise, but to problematise the discourses used to assert the legitimacy with which control over law and
government is exercised. This article examines discourses of legal and political legitimacy spawned in early modernity. It
is argued that basic notions of ‘right’, ‘duty’, ‘justice’ and ‘power’ (corresponding, in their more vivid manifestations,
to categories of ‘heir’, ‘celebrity’, ‘martyr’ and ‘monster’) combine in discrete, but always encumbered ways, to generate
a variety of legitimating discourses. Whilst transcendentalist versions of those discourses begin to wane, their secular analogues
acquire steadily greater force. In addition to the Shakespearean histories, works of John Milton, Pierre Corneille, Jean Racine,
Friedrich Schiller and Richard Wagner are examined, along with some more contemporary or ironic renderings.
相似文献
Eric HeinzeEmail: |
10.
Linnell Secomb 《International Journal for the Semiotics of Law》2010,23(3):299-313
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. 相似文献
11.
Jessica Whyte 《Law and Critique》2009,20(3):309-324
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. 相似文献
12.
13.
Doreen McBarnet 《Critical Criminology》1992,3(2):56-74
Corporate crime is not the only means by which business can escape legal control. Law and legal definitions can also be used
and manipulated to legally avoid both control and penalties or stigma associated with outright crime. This articl analyses
such ‘legitimate rackets’ via a study of tax avoidance practices among business and ‘high net worth’ individuals. It describes
some of the techniques employed, analyses the difference between tax evasion (an offence) and tax avoidance, explores the
‘grey area’ at the boundaries, and draws out the implications for theory and policy. 相似文献
14.
This essay introduces a special issue on the history of kāmaśāstra in medieval India. It briefly reviews the secondary scholarship on the subject from the publication of the first translations
of the genre at the end of the nineteenth century. It highlights the relatively unexplored history of later kāmaśāstra, and stresses the need for contexualized and detailed studies of the many kāmaśāstra treatises produced in the second millennium CE. The introduction, and the essays that follow, also argue for an expanded
interpretive framework for the genre, moving beyond ‘sex’ and ‘sexuality,’ to a more widely defined notion of a ‘kāma world’, in which sensual pleasure is understood as being deeply enmeshed with aesthetic, ethical and cosmopolitan cultures. 相似文献
15.
From walls to membranes: fortress polis and the governance of urban public space in 21st century Britain 总被引:1,自引:0,他引:1
Drawing on the work of Paul Virilio, this paper addresses changes in the architectural and legal topography of the urban landscape
through an examination of regulatory patterns, which increasingly intensify governance through, and as, ‘control’. Such regulation
is ambivalent in that it cuts across many traditionally discrete regimes of power melding them into new forms with new effects;
as a consequence it is no longer sufficient to think in terms of such distinctions as private/public, civil/criminal, and
so on. This paper argues that a concern with patterns of enclosure and privatisation in our urban centres must now be placed
within the context of changes in architectural practice and technology, which the authors term ‘open architecture’, and the
embedding of governance through partnership, which give particular emphasis to the use of dematerialised and diffused modes
of control. The paper utilises Virilio’s history and image of the fortress, which he tracks from a material form to a dematerialised
form, to envisage these developments and to provide the foundation for an understanding of the importance of the development
of practices of surveillance into, what the authors term, ‘total registration’ as a feature and function of governance through
‘control’.
相似文献
Nathan MooreEmail: |
16.
Richard A. Wright 《Critical Criminology》2000,9(1-2):101-122
DeKeseredy and Schwartz have criticized introductory criminology textbooks published in the United States for their ‘poor
treatment’ of critical/radical perspectives. This paper subjects this criticism to empirical analysis by studying the coverage
of critical perspectives in 34 introductory criminology textbooks published from 1990 to 1999. Specifically, I examine how
the coverage of critical perspectives in the textbooks is influenced by: 1) the theoretical orientations of the texts; 2)
the positions of the texts on debate over conflict and consensus theories of law; and 3) the positions of the texts on the
evidence supporting critical perspectives. This analysis shows that critical/radical perspectives in general, but in particular
recent developments in critical criminology (including critical feminism, left realism, peacemaking criminology and postmodern
criminology) are often ‘left out’ of contemporary criminology textbooks. 相似文献
17.
18.
Is it Important to Examine Crime Trends at a Local “Micro” Level?: A Longitudinal Analysis of Street to Street Variability in Crime Trajectories 总被引:3,自引:0,他引:3
Elizabeth R. Groff David Weisburd Sue-Ming Yang 《Journal of Quantitative Criminology》2010,26(1):7-32
Over the last 40 years, the question of how crime varies across places has gotten greater attention. At the same time, as
data and computing power have increased, the definition of a ‘place’ has shifted farther down the geographic cone of resolution.
This has led many researchers to consider places as small as single addresses, group of addresses, face blocks or street blocks.
Both cross-sectional and longitudinal studies of the spatial distribution of crime have consistently found crime is strongly
concentrated at a small group of ‘micro’ places. Recent longitudinal studies have also revealed crime concentration across
micro places is relatively stable over time. A major question that has not been answered in prior research is the degree of
block to block variability at this local ‘micro’ level for all crime. To answer this question, we examine both temporal and
spatial variation in crime across street blocks in the city of Seattle Washington. This is accomplished by applying trajectory
analysis to establish groups of places that follow similar crime trajectories over 16 years. Then, using quantitative spatial
statistics, we establish whether streets having the same temporal trajectory are collocated spatially or whether there is
street to street variation in the temporal patterns of crime. In a surprising number of cases we find that individual street
segments have trajectories which are unrelated to their immediately adjacent streets. This finding of heterogeneity suggests
it may be particularly important to examine crime trends at very local geographic levels. At a policy level, our research
reinforces the importance of initiatives like ‘hot spots policing’ which address specific streets within relatively small
areas. 相似文献
19.
Policing in England and Wales has become increasingly contested since the 1960s and has been subject to unprecedented levels of public scrutiny. Stop and search powers have played a central role in this process and, though often described as an essential part of modern policing, have continued to provide a flashpoint in police–community relations. In this article the authors briefly review the history of stop and search in England and Wales, drawing particular attention to the concerns that have been raised about the use of this power in relation to minority ethnic communities. The article goes on to consider how issues of public trust and confidence have been addressed and raises questions about the effectiveness of efforts to regulate this area of activity. Finally, we suggest that regulation has become too tightly bound to ‘‘race’’ and measures of disproportionality. Instead, we argue that the current focus on ‘‘race’’ should be broadened to include other groups that may be subject to over-policing and that monitoring should be based on a system of triangulation, which combines multiple indicators and mixed methods. 相似文献
20.
Daniel Raveh 《Journal of Indian Philosophy》2008,36(2):319-333
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). 相似文献