Modernization and crime patterns in China

Existing research on modernization and crime patterns largely focused on the volume of crime and its variation over periods of modernization. The empirical studies predominantly used cross-national data based on Western advanced capitalist societies and developing countries. To further discover patterns of crime during the modernization process in non-Western settings, the present study took a different approach. It examined the rate of change for property and violent crimes in China; and it employed longitudinal methods to analyze the crime series. The findings extended the conclusions of modernization theories regarding general crime patterns during modernization. Theoretical implications of the findings are discussed.     

The Molotov Milkshake: Corporate Social Responsibility and the Market

This article investigates links between the final scene—the milkshake scene—of P. T. Anderson’s film, ‘There Will Be Blood’, and a commercial advertisement for the sale of oil, which relies on a milkshake drinking analogy. The comparison probes a tension between the aspiration for capitalist economic growth and the self-regulation of corporate social responsibility (CSR). Business figures committed to the practice of CSR struggle with the possibility that deeper, systemic forms of violence inherent in market competition supersede their attempts at installing more responsible cycles of economic exchange. A risk remains, all the while, that social and environmental concern of the kind expressed in CSR is only able to acquire ‘value’ in the market, a relational or ‘dialectical’ system of exchange, where it meets contrasting cycles or events in the market: the value of alternatives (e.g. ‘going green’) is predicated on pre-existing products or earlier cycles of marketisation. The article discusses difficulties that CSR creates in terms of making interventions and raising conflict with corporate actors, and a tendency for the system to leave inert, exposed or abandoned, those that try. The capacity of CSR to eradicate the more vicious shadow of capitalist markets is challenged in the article. There is no release, the author argues, in a concept that is so essentially dependent on market mechanisms and on competitively motivated (ex)change.     

Husbands who kill their wives: an analysis of uxoricides in contemporary Ghana

This article addresses the current lack of research on uxoricides in non-Western societies by examining the phenomenon in Ghana, West Africa. Analysis of data from the 60 husband-wife killings reported in a national daily newspaper reveals that jealousy and suspicion of infidelity overwhelmingly provided the basis for wife murders. The findings also indicate that assailants and victims were of low socioeconomic background and the murders predominantly occurred in the rural areas of the country. Posthomicidal suicide by the assailant occurred in about one fourth of the cases. Overall, the results demonstrate that the patterns of uxoricide in Ghana are congruous in many significant ways with those noted in Western industrialized societies. It is concluded that additional research in non-Western societies is warranted to contribute to the development of sound conclusions about and remedies for uxoricide.     

The power of oppression: Understanding the history of criminology as a science of oppression

Conclusion Following, or perhaps even being swept away by the propositions and suppositions of science, criminologists have written a rather sanitized, carefree history of the origins of their discipline. This discipline has much to hide, however, and criminologists' strict adherence to principles and claims of ‘objectivity’ and ‘neutrality’ have helped hide the unspoken task that is criminology from view. There is a need to excavate the hidden history of criminology from the basement of scientific criminology. This excavation requires the use of tools sensitive to oppression and conflict. Using such tools to recover, rewrite and explain the history of criminology, I have argued that criminology should be (a) interpreted as one of the many ‘sciences of oppression’ that (b) emerged following the Enlightenment (c) whose purpose was to help legitimize and place into practice principles that justified the oppression of the dangerous classes, (d) which had emerged as the primary threat to the ‘rational’ societies based upon capitalist social, economic and political relations. I suspect that this will not be a popular conclusion. The traditions of all the dead generations weighs like a nightmare on the brain of the living. Karl Marx,The Eighteenth Brumaire of Louis Bonaparte     

Mating (marriage) patterns and economic development

This paper looks at the relationship between economic development and mating (marriage) patterns in the very long run. For this purpose we introduce the Goldin and the Kuznets curves which relate female labour and income inequality with economic development respectively. To some extent, the Goldin and the Kuznets curves have followed opposite paths, which in turn, could illustrate how economic development has had an impact on mating (marriage) patterns, and thus household formation. The likely convergence in mating patterns among hunter–gatherers across societies vanished after the Neolithic revolution. Then, African polygyny and the ‘European’ marriage pattern developed into the most significant exceptions to the traditional dictate of nature “…an early attachment to one woman” (Malthus, 1798: pp. 15). Nowadays, monogamy and late attachments have become the norm rather than an exception.     

Toward a political economy of post-Fordist punishment

This article suggests some new lines of research in the field of the political economy of punishment and some possible new directions for a critical approach to contemporary social control strategies. The starting point is the transition from a Fordist economy to what can be defined as a post-Fordist system of production. I outline some tendencies in the actual capitalist dynamic (concerning the labour market, the production process, the relations between the workforce and capitalist power and between work and social citizenship), suggesting that a renewed political economy of social control has to deal with them. Two tendencies are assumed to be structural. On the one hand, the tendency of the capitalist system to make the production (and extraction) of surplus-value more and more independent of the effective working time (a tendency toward the reduction of human labour in the productive process). On the other hand, the tendency towards the massive introduction of new technologies: a tendency whose main consequences seem to be the intellectualisation of human labour and the decline of the classic distinction between manual and intellectual labour. I assume that these tendencies give rise to a new productive subject (the multitude), whose characters exceed the actual organisation of work and deepen the contradictions intrinsic to post-Fordist societies. Hence, an analysis of some new social control strategies follows, where I consider actuarialism as a technology for the control of these contradictions

Nomadic Territories: A Human Rights Approach to Nomadic Peoples' Land Rights

In most societies nomadic peoples face discrimination. At theheart of this discrimination frequently lies the crucial issueof property in land. The sharing of lands between nomads andsettled agriculturalist societies has often led to violent confrontation.Access to land is a determining factor for many nomadic peoplesas whether or not nomads have access to land will determinethe survival of their mobile lifestyle. Historically nomadicpeoples have not been regarded as having any rights to landbecause their nomadic lifestyle was not considered to fulfilthe criterion of ‘effective occupation’ of the land.By exploring the evolution of international law regarding nomadicpeoples’ land rights, this article analyses how humanrights law could provide nomadic peoples with rights to usetheir lands. Ultimately, this article argues that under thebanner of international human rights law, nomadic peoples aregaining the right to live on their land in their traditionalways through the gradual establishment of a specific corpusof law dedicated to the rights of nomads.     

深化对劳动价值论的认识，寻求增进个人财产和国民财富的途径

在资本主义条件下,马克思主义劳动价值论的历史任务,是通过揭示剩余价值的来源,寻求资本主义社会的掘墓人,而在社会主义条件下,马克思主义劳动价值论的历史任务,是要建设和发展社会主义社会。工人阶级作为社会主义社会的建设,就不能是无产,而应该成为有产。马克思主义劳动价值论不仅仅是讲劳动创造价值问题,它包含的内容特别是资本、土地、技术、管理等要素在财富创造中的作用被忽视了或被片面化了。     

Long economic cycles and the criminal justice system in the U.S.

Long cycles in capitalist development have been utilized as an analytical tool for political economic theory¹ and to explain major shifts in the social structure within capitalist political economies.² However, the potential impact that these massive changes in the political economy have on the historical development of criminal justice institutions and policies is an area not addressed within the literature. This article explores the relationship between long cycles of capitalist development and the historical formation of criminal justice policy in the United States.Earlier versions of this paper were presented at meetings of the American Society of Criminology (1984, 1986) and the Academy of Criminal Justice Sciences (1986).     

A Gramscian Approach to Studying the Judicial Decision-Making Process

This paper applies a Gramscian analytical framework to scrutinise the judicial decision-making process. Based on two distinct research projects, the article explores how, on one hand judges in criminal courts can be identified as part of the bureaucratic machinery of the state, as ‘technicians of repression’; whereas, on the other hand, human rights judges can be distinguished as providing ‘moral and intellectual leadership’ in their production and reproduction of certain values. Some of the key questions this article seeks to answer are: What is the role of hegemony in the judicial decision-making process? To what extent are legal actors both ‘technicians of repression’ and ‘moral and intellectual leaders’? This paper uses examples from empirical research conducted at courts in Argentina and at the European and Inter-American Courts of Human Rights to identify and explore this dual role of judges as both repressive technicians and moral and intellectual leaders in neo-liberal capitalist societies.     

Agamben and Marx: Sovereignty, Governmentality, Economy

This essay reconsiders Marx’ prehistory of capital through the lens of the work of Giorgio Agamben, who in the wake of Foucault has proposed a bio-political theory of sovereignty that breaks down the analytical separation between sovereignty and governmentality that Foucault in his work tries to maintain. Although Agamben mentions Marx only once in his study of sovereign power, I argue that his study nevertheless contributes to our understanding of the capitalist relation as not only a governmental but also a sovereign power relation. In the first part of this essay, I show through a philological commentary on Marx’ use of the adjective ‘vogelfrei’—translated as free, rightless, without protection, outlawed—to characterise the proletariat, that the Marxian proletariat is a figure of what Agamben in his study of sovereign power calls bare life. In the second part of the essay, I show that this sovereign dimension of the capitalist relation is also substantiated by Marx’ analysis of the logic of the capitalist relation as that of the exception. After Carl Schmitt, who wrote that ‘sovereign is who decides on the state of exception’, Agamben has argued that the logic of the exception is the logic of sovereign power. Reconsidered through the lens of Agamben’s argument, Marx’ account of the prehistory of capital reveals that there is a sovereign logic of the exception at work in the capitalist relation. In the final part of the essay, I start from Agamben’s single reference to Marx in his study of sovereign power to discuss the importance of my conclusions for Agamben’s political message.     

The Development of Youth Violence: An Old Story with New Data

Youth violence is a major public concern in all modern societies. To prevent this violence, we need to understand how innocent young children grow into violent adolescents. Longitudinal studies of large samples of children from infancy to adulthood indicate that the peak age for physical aggression is between the end of the second and the end of the fourth year after birth. Fortunately, because of their size, physical aggression from two-year-olds does not constitute a major threat to the public in general. It is also providential that most children learn to control these physically dangerous and socially disruptive behaviours before they reach their maximum size. This natural course of development suggests that the preschool years are the best window of opportunity to prevent the development of cases of chronic physical aggression. Safe streets probably start with quality early education. This article is an updated version of an article originally published in the Canadian Journal of Policy Research (ISUMA) (2000), vol. 1, no. 2, pp. 19–24.     

Corruption and organized crime: Lessons from history

The intention of this paper is to serve in part as a warning to the international community concerned about corruption, to keep the focus based on the critical analysis of empirically verifiable information. In ways similar to how theorists spoke about organized crime in the 1960's and 1970's, articles today attempt to refer to corruption as if there were one agreed upon definition. However, like the concept “organized crime”, the term “corruption” involves diverse processes which have different meanings within different societies. Corruption (or a focus on corruption), may be the means toward very diverse ends and each may have a different impact on the society. While in some societies corruption may correctly be seen to be the “cause” of forms of social disorganization, in other situations corruption may be the “result” of larger changes. Understanding the processes within a specific context allows one to understand the nature of the corruption. Corruption rhetoric may too easily become apolitical platform for ranking and evaluating nations as to their worth based on criteria that lose meaning when applied across jurisdictions. This revised version was published online in August 2006 with corrections to the Cover Date.     

Deforestation Crimes and Conflicts in the Amazon

This article explores and explains deforestation of the Brazilian Amazon rainforest. It primarily takes a green criminological perspective and looks at the harm that is inflicted on many of the Amazon’s inhabitants, including indigenous populations such as ‘uncontacted’ tribes of hunters-gatherers, the oldest human societies. The green criminological perspective also implies that the definition of victimisation is being enlarged: not only (future) humans, but also non-humans can be considered victims. Being the most biodiverse place on the planet, deforestation of the Amazon leads to threats and extinctions of animal and plant species. The main causes of deforestation in the Amazon are land conversion for agriculture (mainly cattle, also soy), practices that are mostly illegal. As the products of the (illegally) deforested rainforest in the Brazilian Amazon are mainly for export markets, western societies with large ecological footprints could be held responsible for deforestation of the Amazon.     

Greening Industry Without Enforcement? An Assessment of the World Bank's Pollution Regulation Model for Developing Countries

The best comparative and overview source now available for knowledge about pollution regulation in developing countries is the 2000 World Bank policy research report called Greening Industry . The World Bank finds that there is a new model for pollution regulation in lower- and middle-level income countries that is an alternative to "traditional" command and control regulation. The new model stresses flexible norms and nonstate pressures on regulated enterprises coming from communities and markets. This article presents an investigation into this new model. It finds that the prevalence of weak law enforcement may undermine the new model's potential to control pollution in developing countries. It also contends that social and market pressures only occur under certain circumstances often not found in lower- and middle-level income countries. Therefore, the article concludes that developing countries require smart mixes of various regulatory instruments appropriate in the given state and nonstate regulatory capacities, instead of contrasting state and nonstate regulation.     

MORALITY,MARKETS, AND THE ASC: 2011 PRESIDENTIAL ADDRESS TO THE AMERICAN SOCIETY OF CRIMINOLOGY*

This Presidential Address explores the possibilities for fruitful multilevel theorizing in criminology by proposing an integration of insights from situational action theory (SAT), a distinctively micro‐level perspective, with insights from institutional anomie theory (IAT), a distinctively macro‐level perspective. These perspectives are strategic candidates for integration because morality plays a central role in both. IAT can enrich SAT by identifying indirect causes of crime that operate at the institutional level and by highlighting the impact of the institutional context on the perception‐choice process that underlies crime. Such multilevel theorizing can also promote the development of IAT by revealing the “micro‐instantiations” of macro‐level processes and by simulating further inquiry into the social preconditions for institutional configurations that are conducive to low levels of crime. Finally, drawing on Durkheim's classic work on occupational associations, I point to the potential role of professional associations such as the American Society of Criminology in promoting and sustaining a viable moral order in the advanced capitalist societies.     

The review of the development of legal science in China (1949�C2009)

The legal science of the People’s Republic of China has experienced the stages of formation, reinstating and innovation over the past 60 years. Today, the legal field is flourishing. While the construction of different branches of law has been accomplished, there is still a long way to go in realizing democracy and rule of law in China. Jurists need to develop a heightened awareness of their social responsibility and the urgency with which to adapt the development of law to Chinese societies. Only under these circumstances can we effectively promote democracy and rule of law in China.     

Social Inequality and the Perceived Income Justice Gap

This paper attempts to answer the question whether justice evaluations of income inequality in a society are determined more by country differences or by the social position an observer occupies. In very general terms what we study is whether, in shaping justice beliefs, cultural factors are more important than social-structural ones, or vice versa. In view of transformation societies, country differences are conflated with differences in the transformation processes the countries are experiencing. This is why we distinguish different types of transmations with regard to the postcommunist countries of Eastern and Central Europe testing empirically whether these transformation types exert influence on the justice beliefs, and how this influence compares to that of positional effects. With International Social Justice Project (ISJP) data of 1991 and 1996, we study the Czech Republic, Hungary, Russia, Bulgaria, East Germany, and—as a western referent society—West Germany. Main results are that in the early phase of transformation the different transformation types as well as social positions matter in shaping justice evaluations, over time, however, the types of transformation clearly lose influence. In 1996, compared to 5 years earlier, the countries have become similar in that most of the variation in the perception of the income justice must now be attributed to the positional differences of individuals. We conclude that the characteristics of the transformation processes decrease in importance for determining public views about social justice. In this respect, the transformation societies of Eastern and Central Europe may well be on the route to becoming more like western societies.