共查询到20条相似文献,搜索用时 15 毫秒
1.
Nicholas Dorn 《Crime, Law and Social Change》2009,51(2):283-295
So much has been written—and vigorously contested—about ‘organised crime’ (OC) that the impending fall of this familiar icon
may come as a shock, both to its detractors and to those who take it for granted. Yet that moment may be upon us, for reasons
that this paper will explore, as the European Union shifts the vocabulary within which policies on police cooperation are
articulated. A pivot of this change is the EU Council Decision on Europol, first debated by the Council in late 2006 and anticipated
as applying from 2010 onwards. This will shift the scope of Europol’s work from ‘organised crime’ (attributing qualities to
criminality) to ‘serious crime’ (concern with impacts and harms falling on individual and collective victims); will transfer
financing of Europol to the Community budget; and so will initiate parliamentary scrutiny. These issues in security governance
are explored from ‘northern’, ‘southern’ and ‘eastern’ European perspectives and in the contexts of ongoing enlargement and
democratisation of the EU.
相似文献
Nicholas DornEmail: |
2.
Antonio Negri 《Law and Critique》2008,19(3):335-343
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.
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Antonio NegriEmail: |
3.
Nicholas Kyriazis 《European Journal of Law and Economics》2009,27(2):109-127
The present essay analyses Athenian finances during the fourth century BC, the ‘Age of Demosthenes’, from both the revenue
and expenditure points of view. It examines how Athenians practiced the concept of ‘economic democracy’ on matters of public
choice, and the sometimes ingenious solutions they adopted for financing public goods such as defense, education and ‘social
security’. Ancient Athens, the ‘prototype’ political democracy, was advanced also in matters of public administration, finance
and institutions, on which political democracy was based and without their smooth running could not have functioned.
相似文献
Nicholas KyriazisEmail: |
4.
Michael Blecher 《Law and Critique》2008,19(3):297-306
The governance phenomenon brings law back to its very ‘origin’, namely, law-making (‘Recht-Fertigung’), and reveals that law
is not anchored to a specific ‘polis’ or to Hobbesian statehood, but is able to pursue different forms of ‘the common’ as
long as its paradox function is fulfilled. Law recognises and develops normative standards for the creation of social structures
while also leading a continuous battle against any restrictions to democracy, common wealth and justice connected to these
structures. Law here acts ‘politically’ and in affinity to social movements that struggle against any form of social ‘immunisation’.
This article analyses the conditions of this affinity and its consequences for the concept of ‘justice’.
相似文献
Michael BlecherEmail: |
5.
Michael Levi 《Crime, Law and Social Change》2008,49(5):365-377
This article examines the media reportage of white-collar crimes, organised crimes and cybercrimes, principally in the British
but also in the US media. It illustrates the ways in which different newspapers depict crime seriousness and how some defendants
adapt to these portrayals. It examines competing explanatory models and suggests that although reportage has an ideological
component, ‘news values’ and production pressures as well as ‘action triggers’ such as prosecutions or regulatory interventions
are important.
相似文献
Michael LeviEmail: |
6.
Carrol Clarkson 《Law and Critique》2007,18(3):361-374
This paper explores the implications of uses of the word ‘we’ in post-apartheid South African fiction. ‘We’ in these novels
is typically a contested linguistic site – which tells of the loss of inherited communities, and reflects the ethically complex
negotiations of a ‘we’ perhaps still to come. Yet if the internal narratives assert a loss of community, each event of the
novel’s being-read inaugurates a new ‘community’ of readers. The paper considers the ethical implications of the act of reading
a literary text in post-apartheid South Africa. In the course of the argument, I draw links between African philosophies of
community, and Jean-Luc Nancy’s proposition that ‘I’ does not precede ‘we’. Thus I suggest some ways in which philosophies
from Africa contribute towards current debates about ‘we’ in contemporary continental philosophy.
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Carrol ClarksonEmail: |
7.
Giuseppe Bronzini 《Law and Critique》2008,19(3):255-274
This essay examines the problems that many scholars raise when referring to the EU’s chances of implementing a true, original
and effective social model, capable of renewing the Welfare State model developed after the Second World War. The analysis
is conducted in the light of the process of ‘constitutionalisation’ in the European Union and of the Lisbon Treaty. Following
a constructive approach, the author examines the current debate among European public actors on this issue, with particular
emphasis on the ‘advanced enforcement’ of the Nice Bill of Rights evident in the jurisprudence of the European Courts as well
as in recently published European Commission documents on ‘flexicurity’.
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Giuseppe BronziniEmail: |
8.
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: |
9.
10.
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: |
11.
Corruption is a serious and enduring problem in Turkey. As such, a series of sustained and synchronized actions are needed
to promote integrity, and to prevent and punish corrupt practices in public life. In most recent years, subsequent cabinets
have promulgated a set of laws, regulations, and measures in the name of fighting against corruption. Yet, building a clean
government remains as a daunting, if not insurmountable, task for policy makers and the public at large in Turkey. The current
paper begins with a brief introduction, summarizing the need for new, more effective anti-corruption policies and practices
in the country. Then, it succinctly describes and assesses the main ‘pillars’ of the ‘national integrity system.’ The paper
moves on to identify and evaluate the chief ‘perils,’ challenges and risks associated with efforts aiming to contribute to
integrity, transparency and accountability in Turkish society. Finally, the paper discusses the ‘prospects’ for building a
clean government in Turkey in the near future. Among the issues brought to the present debate are: the need for a credible
commitment by the ruling elites for establishing a well-functioning integrity regime; effective coordination and collaboration
among a wide range of institutional actors; developing a set of coherent principles and policies; and creating capacity to
prevent, prosecute, and punish corrupt behaviors. It is also argued that building a clean government in Turkey requires a
strong and sustainable coalition among the clean, the competent, and the competitive.
相似文献
Muhittin Acar (Corresponding author)Email: |
Uğur EmekEmail: |
12.
Shaun Whitehead Jen Mailley Ian Storer John McCardle George Torrens Graham Farrell 《European Journal on Criminal Policy and Research》2008,14(1):39-60
Anti-theft designs relating to mobile phones are reviewed. The physical and electronic design of handsets includes visual
deterrents, owner-identification, and handset tracking options. The systems design of phone networks includes the blacklisting
of stolen phones. Other measures include biometric-locking of handsets, and designs that encourage ‘safe’ phone use and transportation.
Characteristics that promote anti-theft designs are proposed and form the acronym ‘IN SAFE HANDS’: identifiable, neutral,
seen, attached, findable, executable, hidden, automatic, necessary, detectable, and secure. The set of characteristics is
presented as a heuristic device to aid designing-out crime from frequently stolen electronic goods.
相似文献
Graham FarrellEmail: |
13.
Jane Johnson 《Criminal Law and Philosophy》2008,2(3):291-307
The standard view of Kant’s retributivism, as well as its more recent reworking in the ‘limited’ or ‘partial’ retributivist
reading are, it is argued here, inadequate accounts of Kant on punishment. In the case of the former, the view is too limited
and superficial, and in the latter it is simply inaccurate as an interpretation of Kant. Instead, this paper argues that a
more sophisticated and accurate rendering of Kant on punishment can be obtained by looking to his construction of the concept
of justice. In so doing, not only is a superior account of Kant furnished, but also one up to the task of resolving the vexed
issue of justifying legal punishment.
相似文献
Jane JohnsonEmail: |
14.
Hazel Croall 《Crime, Law and Social Change》2009,51(1):127-146
Consumers have long been recognized as one of the major groups of victims of white collar and corporate crime, although many
of the activities which harm them are not widely regarded as ‘crime’. They tend to attract less publicity, and have been subject
to less academic research, particularly in comparison with major financial frauds or cases involving mass harms. Moreover,
there has been a tendency to view consumers as a relatively undifferentiated group, all of whom are likely to be victimized.
This article identifies a wide range of crimes which affect consumers and explores some of the characteristics of victims
and offenders, arguing that while all consumers are at risk, the impact of consumer crime, like other forms of crime, reflects
wider patterns of structural inequality and falls most severely on the most disadvantaged.
相似文献
Hazel CroallEmail: |
15.
Constructing Women Who Experience Male Violence: Criminal Legal Discourse and Individual Experiences
Helen Baker 《Liverpool Law Review》2008,29(2):123-142
This article examines the relationship between how women who experience violence from a male partner construct themselves,
and how criminal legal discourse constructs female victims of violence. It is argued that in both arenas, women are constructed
according to norms which emanate from a discourse of conventional femininity which operates together with a practice of shame.
Utilising empirical data gained from qualitative interviews with women who experienced male violence, the article contends
that the construction of the female victim of violence in criminal legal discourses as imbued with stereotypical ‘feminine’
characteristics such as passivity and weakness, may influence these women’s own construction and understanding of themselves.
The existence of a practice of shame further consolidates the self-regulation of the women themselves to these norms of femininity.
This construction is posited to be problematic as the experiences of women of male violence rarely ‘fit’ within these explanations.
The article contends that in order to better understand women’s experiences of male violence; both criminal legal and individual
women’s discourses need to be read in terms of the power, knowledge and effects which they exert upon individual women. It
is argued that this alternative reading of these discourses has the potential for transformation as they are invested in the
subject.
相似文献
Helen BakerEmail: |
16.
Leonhard Praeg 《Law and Critique》2008,19(2):193-223
From the theoretical perspective of René Girard, Walter Benjamin and Jacques Derrida the Rwanda genocide of 1994 may be interpreted
as an instance of foundational violence. Given the constant reference in the Rwanda genocide discourse to the failed revolution
of 1959, it is perhaps rather a case of deferred foundational violence. Useful as this notion of ‘foundational violence’ may be, as theoretical category it is also hugely
challenging because the implicit claim is not just historical (‘states are routinely founded on violence’) but analytical
(‘founding moments are per definition violent’). The result is a profound tension between, on the one hand, the need to understand
the event as somehow unexceptional or typical of the founding of new socio-political orders and, on the other hand, the need
to judge it as exceptional, an ‘outrage’, a crime against humanity. This paper treats the tension between the unexceptional
and exceptional as aporetic, that is, as a profound puzzle consisting of two equally valid imperatives which are nonetheless
mutually exclusive. It is also an attempt to find a way beyond the impasse.
相似文献
Leonhard PraegEmail: |
17.
Roderik Ponds 《The Journal of Technology Transfer》2009,34(1):76-94
This study analyses international research collaboration for eight science-based technologies in the Netherlands for the period
1988–2004. It is found that the share of international research collaborations in research collaboration is high, but not
rising during the period investigated. This result suggests that the process of internationalization has reached an end. It
is also found that collaboration between academic and non-academic organizations is less likely to take place at the international
level than collaboration between academic organizations. This suggests that collaborating within national research systems
helps academia, firms and governmental organizations to overcome differences in norms, values and incentives. Nonetheless,
international collaboration between academic and non-academic organizations is also frequently occurring. Some consider these
collaborations as undesirable, insofar academic research funded domestically is ‘leaking’ to foreign firms in such research
collaborations. Such unwanted knowledge spillovers has lead some to plea for a ‘technology-nationalism’ in science policy
instead of a ‘techno-globalization’. An analysis of the ‘balance of trade’ in international collaborations between Dutch academia
and foreign firms and between Dutch firms and foreign academia shows that fears for unwanted knowledge spillovers are unfounded.
相似文献
Roderik PondsEmail: |
18.
Jacques De Ville 《Law and Critique》2008,19(2):87-114
This article questions the common assumptions in legal theory regarding Derrida’s well-known Declarations of Independence. Through a close reading of this text, well-known ground such as the relation between speech and writing, the notion of representation,
speech act theory, the signature, and the proper name is covered. The contribution that this analysis makes in the present
context lies in the additional ‘step’ that it takes. The article seeks to give an explanation of the laws at work in Derrida’s
thinking in the above respects and to explain more specifically how they find expression in Declarations of Independence. The article in this regard also investigates the importance and role of the ‘notions’ of death, loss of meaning, loss of
ownership, and loss of sovereignty in Derrida’s thinking. The contention is that if we take account of Derrida’s reading in
Declarations of Independence, it is possible to view constitutions in a very different way, more specifically their ‘origins’, with inevitable implications
for constitutional interpretation.
相似文献
Jacques De VilleEmail: |
19.
Panu Minkkinen 《Law and Critique》2008,19(1):65-85
The essay discusses law’s inability to address the phenomenon of human suffering and, at the same time, investigates a possible
theoretical kinship between Walter Benjamin’s notion of ‘the expressionless’ and Emmanuel Levinas’s understanding of suffering
as the foundation of an interhuman ethics. The kinship between Levinas and Benjamin is examined with reference to suffering
in the visual arts and, more specifically, in Matthias Grünewald’s Isenheim Altarpiece and Francis Bacon’s crucifixion triptychs.
The essay argues that in the crucifixion scenes of both Grünewald’s medieval altarpiece and Bacon’s triptychs, suffering is
what constitutes ‘the expressionless’. After every detail of the image, every element of attribute, motif, composition and
colour have been accurately depicted, a residue still remains, an ethical truth that cannot be appropriated into a meaningful
unity but that nevertheless calls for a response. While law must always give suffering a utilitarian value in its attempts
to assign responsibility for the injury occurred, the essay argues that the fragmentariness in all true art that Benjamin
calls ‘the expressionless’ is akin to Levinas’s understanding of the constitutional uselessness of suffering, its essence
as ‘for nothing’.
相似文献
Panu MinkkinenEmail: |
20.
Liliya Gelemerova 《Crime, Law and Social Change》2009,52(1):33-55
Intelligence gathering plays a vital role in the ‘war’ against money laundering. Particularly important in this intelligence
gathering process is the global network of Financial Intelligence Units (FIUs) fed by a host of auxiliary (primarily financial)
institutions required to report suspicious transactions. This paper briefly reviews the history of the international system
of anti-money laundering measures imposed on the financial industry and other regulated businesses, the development of the
global network of FIUs and their system of information gathering. It will examine some of the issues that arise from the regulatory
framework within which this information gathering takes place. It will also address the issue of instrumental clarity and
whether existing and new directives, requirements and approaches are sufficiently clear to enable reporting institutions on
the ‘front-line’ to operate effectively.
Liliya Gelemerova is a doctoral (PhD) student at Tilburg University and Senior Investigator at Nardello & Co.
相似文献
Liliya GelemerovaEmail: |