Theoretical Unification in Justice and Beyond

The goal of scientific work is to understand more and more by less and less. In this effort, theoretical unification plays a large part. There are two main types of theoretical unification—unification of different theories of the same field of phenomena and unification of theories of different fields of phenomena. Both types are usually a surprise; even when vigorously pursued, their form, when they finally appear, may differ radically from preconceptions. This paper examines a series of 21 unification surprises in the study of justice and beyond, 16 in the study of justice and 5 in the unification of 3 fundamental sociobehavioral forces—justice, status, and power—and the subsequent unification of the three sociobehavioral forces with identity and with happiness.

Depth-interviewing Finnish professional criminals

This article shows how easy and valuable is to interview offenders, when the information of crime or criminals life is needed. There is no need to use just authorities information that is often very one sided and focused on solving single crime or personality behind the committed crime. During this study I interviewed 15 persons and one group of 6 persons. The 21 interviewees represented 14 different groups active in the 1990s in Finland and cross-border criminality. The interviewed persons were selected for equal representation of four different criminal backgrounds. The types of crimes that Finns typically commit across borders (from abroad to Finland) include: (1) different kinds of smuggling (spirits, tobacco and drugs), (2) trafficking in prostitutes and organising their work (procuring) in the country. From Finland to foreign countries, Finnish criminals primarily, (3) handle stolen goods (fencing), (4) money laundering. The persons selected to be interviewed were still committing or had recently committed these types of crimes. There are only a few empirical studies made on professional criminals. It is amazing how similar the findings of these are, even though the three studies—British, American and the present—reflect different social conditions and different decades. On occasion it feels that the place and time of study are irrelevant, as if you are reading and analysing just one study. From the research point of view it is interesting how such similar findings are possible. None of the 14 groups that I studied were able to fulfil the 14 variables of organised crime, that I required for a group to be classified as an organised crime group.

The power few: experimental criminology and the reduction of harm

The promise of experimental criminology is finding ways to reduce harm from crime and injustice. The problem of experimental criminology is that so few experiments produce evidence of big effects from the interventions they test. One solution to this problem may be concentrating scarce resources for experiments on the “power few:” the small percentage of places, victims, offenders, police officers or other units in any distribution of crime or injustice which produces the greatest amount of harm. By increasing the homogeneity and base rates of the samples enrolled in each experiment, the power few hypothesis predicts increased statistical power to detect program effects. With greater investment of resources, and possibly less variant responses to greater dosages of intervention—especially interventions of support, as distinct from punishment—we may also increase our chances of finding politically acceptable interventions that will work.

The Politics of Caesura: Giorgio Agamben on Language and the Law

The concept of division or caesura is central to the political and legal philosophy of Giorgio Agamben. This paper examines the different ways in which Agamben characterises the law in terms of caesura, and the manner in which this analysis of law is grounded in his analyses of language. I argue that there are two forms of legal division to be found in Agamben’s political analyses. The first is the division that occurs when the legal system produces determinate identities, such as those of nation, and socio-economic status. However, this form of division is itself predicated upon the division that delimits the law as such, the caesura between political and bare life. The way that Agamben sets up both of these political problems is deeply indebted to his analyses of the ‘presuppositional structure’ of metaphysical language—the fracture between signification and its excess.

A New Alliance of De-legalisation and Legal Formalism? Reflections on Responses to the Social Deficit of the European Integration Project<Superscript>⋆</Superscript>

This paper will cover a wide range of issues. It will start with a reconstruction of the European Community’s ‘social deficit’, arguing that a credible response to this deficit would be a pre-condition for the democratic legitimacy of the deepened integration project. Such a response can be developed in a re-conceptualisation of European law as a new type of supranational/trans-statal conflict of laws – this is the thesis defended in the second section. This vision is contrasted in the third section, first with the steps towards Social Europe envisaged in the Draft Constitutional Treaty, and then with the messages of the recent judgments of the European Court of Justice (ECJ) in Viking and Laval. It goes without saying that the theoretical premises of the argument, let alone its many interdisciplinary dimensions and empirical background, can often only be signalled, but not developed systematically.

Youth offending and youth transitions: the power of capital in influencing change

Neither the literature on offending nor that on desistance adequately explains the short-term nature of youth offending, young people’s propensity to desist from offending as they reach early adulthood and the importance of youth transitions in helping or hindering young people’s access to legitimate and conventional opportunities and responsibilities. It is suggested in this article that the three phases of offending—onset, maintenance and desistance—run parallel courses with the three phases of youth transitions—childhood, youth and adulthood and that both these processes are influenced by discrepancies in levels of capital for young people at each stage. In a recent Scottish study of desistance, Bourdieu’s concepts of capital are used to demonstrate the commonalities between youth offending and youth transitions and to better understand young people’s search for integration and recognition—whether this be through offending or conventionality. The article concludes that the concepts of capital and youth transitions could both be employed more usefully in the field of criminology to explain the transient nature of offending in youth and the greater likelihood of desistance once legitimate and sustainable opportunities are found to spend as well as to accumulate capital in early adulthood.

Why Criminal Law: A Question of Content?

I take it as obvious that attempts to justify the criminal law must be sensitive to matters of criminalization—to what conduct is proscribed or permitted. I discuss three additional matters that should be addressed in order to justify the criminal law. First, we must have a rough idea of what degree of deviation is tolerable between the set of criminal laws we ought to have and the set we really have. Second, we need information about how the criminal law at any given time and place is administered, since the law in action is bound to differ radically from the law on the books. Finally, we must have some basis for speculating what life would be like in the absence of a system of criminal justice—if the state ceased to impose punishments.

A Capture–Recapture Model to Estimate the Size of Criminal Populations and the Risks of Detection in a Marijuana Cultivation Industry

Originally developed in biology, capture-recapture methodologies have increasingly been integrated into the study of human populations to provide estimates of the size of “hidden populations.” This paper explores the validity of one capture-recapture model—Zelterman’s (1988) truncated Poisson estimator—used to estimate the size of the marijuana cultivation industry in Quebec, Canada. The capture–recapture analysis draws on arrest data to estimate the number of marijuana growers “at risk of being arrested” for a period of five years (1998–2002). Estimates are provided for growers involved in two different techniques: (1) soil-based growing, and (2) hydroponics. In addition, the study develops an original method to estimate the prevalence of cultivation sites “at risk of detection.” A first set of findings shows that the cultivation industry is substantial; the estimated prevalence of growers compares to estimates of marijuana dealers in the province. Capture–recapture estimates are also used to compare the risks of being arrested for different types of offenders. Results indicate that hydroponic growers—those involved in large scale and sophisticated sites—face lower enforcement-related risks than growers involved in smaller enterprises. The significance of these findings is discussed in the context of the widespread development, both in Europe and in North America, of a successful domestic production-driven, rather than importation-driven, marijuana trade.

Torn between two targets: German police officers talk about the use of force

Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany, the article presents the results of an empirical study on the individual and collective legitimization of the use of force by German police officers. There are numerous justifications for the use of force expressed by focus group participants in eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups, reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence, the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur, although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions, it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They have different influences on the individual legitimization of police actions, intertwined with the perception of the situation as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification for the use of force.

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The Czech transition banking sector instability: the role of operational cost management

In this article we show—using the estimated cost efficiency of banks—that besides the risk (proxied by the share of non-performing loans), the quality of operational cost management was an equally important determinant of bank failure risk during the decade of banking sector transformation in the Czech Republic.

On special protections for rescuers and helpers

There is something intuitively correct about singling out emergency workers for legal protection, and for criminalizing not just assault, but obstruction. Moreover, at least one sophisticated theory of right and wrong – Scanlon’s—indicates some deep reasons for endorsing these intuitions. After applying Scanlon’s theory in the relevant way, I want to argue that the same grounds it provides for recent Scottish legislation and UK sentencing guidelines can also be given for punishing more seriously offences that current English law trivialises.

Revisiting Patriarchy: Its Conceptualization and Operationalization in Criminology

In recent decades, patriarchy has increasingly been posited as an explanation for gender differences in crime and victimization. While researchers frequently allude to the “patriarchal structure of society” or to “male domination” when discussing their theoretical perspective or findings, rarely do they articulate their conceptualization of the term. As a result, patriarchy has been used as an explanatory wild card that lacks specificity and is purported to both increase and decrease female crime and delinquency. In this paper we examine the conceptualization of patriarchy in criminological theory and research, discuss why the failure to clearly conceptualize this construct is problematic, and offer potential avenues for operationalizing patriarchy with the goal of facilitating future research on gender differences in crime.

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Business to the rescue: private sector actors and global environmental regimes’ legitimacy

In 2006, Parties to the Convention on Biological Diversity (CBD) adopted decision VIII/17 to further involve the private sector in the activities of the Convention. This initiative mainly aims at improving the current regime’s legitimacy. By increasing business involvement, decision VIII/17 can be viewed within the context of the current academic debate on the ‘privatisation’ of environmental governance, which refers to the growing importance of private actors in the formulation of environmental policies. Against this background, this article aims at: (1) assessing the extent to which decision VIII/17 might reverse the CBD’s legitimacy crisis and (2) analysing the issues at stake when private sector actors are involved in environmental regimes. In order to do so, the article analyses the consequences of decision VIII/17 in terms of internal—representation and transparency—and external—institutional efficiency and implementation—legitimacy. The study is based on an extended empirical scrutiny of the negotiations linked to decision VIII/17. While adopting a general conceptualisation of legitimacy, the value added by the study is to broaden the usual understanding of business strategies towards environmental issues. In particular, this article shows how decision VIII/17 has generated several reactions—defensive as well as proactive—among the business community. At the practical level, the article proposes several recommendations to secure a constructive participation of all categories of business actors in biodiversity governance. At the theoretical level, it calls for a change in deterministic visions of economic actors’ interests.

A Multilevel Analysis of the Vulnerability,Disorder, and Social Integration Models of Fear of Crime

The current research tests three conceptual models designed to explain citizens’ fear of crime—vulnerability, disorder, and social integration. These models are assessed for differential impact across the cognitive and affective dimensions of fear of crime. The analysis reported here considers the consecutive and simultaneous influence of individual- and city-level factors using multilevel modeling techniques. Recently collected survey data for 2,599 citizens nested within 21 cities across Washington State provide the empirical evidence for the analysis. Results indicate that the disorder model is best able to explain variation in both the cognitive and affective dimensions of citizens’ fear of crime across cities. The vulnerability and social integration models explain significantly less variation. Further, the vulnerability model lacks directional consistency across the observed dimensions of fear. Societal implications of the research findings are discussed.

On Desire,Transcendence and Sacrifice

This contribution offers a careful but critical reading of Johan van der Walt’s theory of post-apartheid law as sacrifice and social struggle. By placing a theoretical emphasis on the inevitability of violence and the impossibility of love, Van der Walt’s thesis risks denying the possibility of thinking the world in a different, way. In order to reconceive the terms of community and horizontality in post-apartheid South Africa, there is a need to move beyond thinking the world as constructed according to tension, conflict and self-preservation at the expense of understanding and compassion. In developing a critique of law as sacrifice, I utilise Panu Minkkinen’s call for justice as the beyond of law that goes beyond the mere battle for recognition. I also address his view that the unappeasable desire of metaphysics entails the recognition that there is hope for the future and the recovering of transcendence as otherness. Secondly, I use Louis Wolcher’s work on Zen Buddhism to argue that any obsession with conceptual purity, as is glimpsed in Van der Walt’s work, ignores the impossibility of setting down the immutable and universal truth for all time. In other words, however attractive a theory of law as sacrifice may be, it is only one perspective amongst many others. Lastly, I contrast Van der Walt’s work with that of Luce Irigaray, and in particular her formulation of ‘horizontal transcendence’ that makes possible relations ‘between two’.

Legal moralism and retribution revisited

This is a slightly revised text of Jeffrie G. Murphy’s Presidential Address delivered to the American Philosophical Association, Pacific Division, in March 2006. In the essay the author reconsiders two positions he had previously defended—the liberal attack on legal moralism and robust versions of the retributive theory of punishment—and now finds these positions much more vulnerable to legitimate attack than he had previously realized. In the first part of the essay, he argues that the use of Mill’s liberal harm principle against legal moralism cannot be cabined in such a way as to leave intact other positions that many liberals want to defend—in particular, certain fundamental constitutional rights and character retributivism in criminal sentencing. In the second part of the essay, he expresses serious doubts—some inspired by Nietzsche—about the versions of character retributivism that he had once enthusiastically defended and now describes himself as no more than a “reluctant retributivist.”

Déjà vu All Over Again: Investigating Temporal Continuity of Adolescent Victimization

An important theoretical issue in the study of criminal victimization focuses on state dependence or the extent to which prior victimization causally affects subsequent victimization. Framing this issue are two conceptual arguments that posit divergent predictions regarding the impact of past victimization. While “victim labeling” suggests that the experience of prior victimization increases victimization in the future, “victim rationality” suggests that past victimization decreases subsequent victimization. To date there has been little longitudinal research that explicitly evaluates these competing viewpoints. In response, the current study uses panel data from a sample of adolescents to assess the merit of these opposing theoretical frameworks. Against this theoretical backdrop, it is shown that prevailing strategies for the analysis of panel data—random-effects and fixed-effects—produce erroneous results that add confusion to the debate regarding the nature of state dependence processes in criminal victimization. Drawing from advances in econometrics, two estimators that can overcome the problems that plague more traditional panel data models are used to provide a test of the competing victimization perspectives. Results from those analyses suggest support for the thesis that past victimization increases subsequent victimization, but the magnitude of this positive relationship is more modest than is indicated by analytic models that have been utilized in prior longitudinal victimization research.

No One Type of Intimate Partner Abuse: Exploring Physical and Non-Physical Abuse Among Intimate Partners

Although research into intimate partner abuse has expanded throughout the past several decades and increased our understanding of this multi-faceted phenomenon, the vast majority of empirical work is still focused almost exclusively on physical violence—against women in particular. Although a crucial issue in our society, physical violence against women is only one facet in an array of possible abusive behaviors toward an intimate partner. Researchers have long acknowledged the existence of multiple forms of non-physical abuse. These types of abuse have received little research attention, however, and are commonly lumped together simply as “non-physical” or “emotional” abuse. There is no reason to believe, however, that all forms of non-physical abuse are the same, whether in intensity, frequency, or co-existence with physical violence. The current study attempts to disentangle the multiple types of nonviolent abuse to examine prevalence, differences by sex, and its relationships to physical abuse. Using Tjaden and Thoennes’ (1998) survey data, this study examines the prevalence of different types of non-physical abuse, both in the general population and among those experiencing physical violence Findings indicate that non-physical partner abuse is more common than physical and that non-physical abuse does not show striking sex differences, as is commonly believed. There is strong evidence that some types of non-physical abuse serve as clear risk factors for physical abuse and may increase risk of more frequent violence among those already being abused. These relationships do not, however, differ by sex. Implications for future research are discussed.

Child Justice in Canada and the Four Ps: Protection,Prosecution, Prevention,and Participation

This article provides an analysis of the flaws in the Canadian legal system with respect to child rights, in the light of the three Ps set forth by former Canadian Justice Minister Irwin Cotler (2004–2006): Protection, Prosecution, and Prevention. Contrary to the general trend of research on “youth” crime which focuses on the visible criminal activities of children and for which they are readily ascribed the status of “young offenders,” I examine whether the legal system is just as swift in giving child victims adequate Protection and Prosecution against their assailants. Six specific child victimization contexts have been identified, which are all characterized by invisibility: in the home, in care, in school and public spaces as well as by corporations and the criminal justice system. I explore why these victimizations are invisible and what legal protection is offered to affected children. Finally, I analyse the extent to which a fourth P, that of Participation, can strengthen the three Ps of Protection, Prosecution and Prevention in fighting crimes committed against children. The contents of this article reflect the author’s opinions only.

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The end of organised crime in the European Union

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.

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