‘Mutual aid is present in every crisis’: An Interview with Dean Spade

The Covid-19 pandemic unravelled a crisis of the modern state, and its legal institutions on the one hand, and on the other hand of our interpretive frames—both philosophical and scientific. It is here that the idea and practice of mutual aid gains significance, both to think about how we can respond to acute crises of planetary scales as well as to the crisis of critique in the discipline of law. The task of mutual aid is not to rehabilitate law out of its crisis or to restore conditions and systems back to a state prior to a crisis. This is because, as Dean Spade says in this interview, ‘they are not broken systems needing to be fixed. They are working exactly as they were designed to work, constantly sharpening violence against targeted populations and enriching a very few people.’ Spade—Wismer Professor of Gender and Diversity at the Seattle University School of Law and a founder of the Sylvia Rivera Law Project—is a key scholar-activist voice on mutual aid in North America and Europe. He is author, most recently, of Mutual Aid: Building Solidarity During this Crisis (And the Next). In this conversation with Oishik Sircar, Spade discusses his theoretical and political influences, how he relates the idea of crisis to critique, his sobering assessment of the limitations not only of law reform but of the role of legal education in radical transformation, his own understandings of mutual aid, his favourite words, why and how he does not see himself only as a legal scholar-activist, and his vision of hope and hopelessness in times of acute and intense crises.

     

An analysis of how the police ‘caution’ is presented to juvenile suspects in England

In England and Wales, suspects must be given a police caution before they are questioned. The purpose of the caution is to explain a suspect's right to silence as a protection against self-incrimination. However, the evidence on whether the caution fulfils its purpose is limited. The aim of the present study was to describe how cautions were delivered in interviews with juvenile suspects in England. First, the study set out to describe how the caution was delivered to suspects during actual police interviews. Second, the study examined whether suspects claimed or demonstrated understanding of the caution. Third, the study analysed how the caution was explained by police officers. In total, the study examined 38 cautions from 31 interviews. The results indicated that police officers delivered the caution at a speed that is likely to be too fast for juvenile suspects to comprehend. Juvenile suspects often claimed to understand the caution, but when asked, failed to demonstrate comprehension. On the other hand, police officers often explained the caution to juvenile suspects, but not always correctly. Both suspects’ and police officers’ explanations of the caution revealed several misconceptions. The results suggest that the caution may not safeguard suspects as intended.     

E-participation and e-participants: solving the patent ‘crisis’

One of the major planks of some visions for E-Gov is that there is a willing participatory group who are more than happy to be involved in new forms of democracy and will be active and useful suppliers of input to e-consultation or e-participation processes. This group is different from that which goes online to the government website and signs a petition asking the prime minister to resign. It is becoming clear, though, that the commitment to e-participation may well be there in theory, but difficult to access in practice. Further, the participation that is most welcome can frequently require training and expertise that is not widely available or there may be differences in opinion as to the point of participation. In this paper I will look to the attempts to encourage participation in the patent system. The UK has initiated a trial system utilising New York Law School's Peer-To-Patent project, but has also attempted to involve participants in previous consultation exercises. I will use these as demonstrations of the sorts of problems that e-participation has met, and consider whether this new form of E-Gov is perhaps being oversold. The interesting question is whether participation is a growing tool that can ensure better public services from the State. My conclusion is that consultation and participatory projects can demonstrate involvement and are certainly educative, but e-participatory projects are most likely incapable of achieving the goals set by their more optimistic advocates. The paper emphasises the patents field, but the lessons from it can – I suggest – be viewed as indicators having wider governance relevance. The primary point being made is that the technocratic view is always over-optimistic.     

‘A jack of all trades’: the role of PIs in the establishment and management of collaborative networks in scientific knowledge commercialisation

The commercialisation of scientific knowledge has become a primary objective for universities worldwide. Collaborative research projects are viewed as the key to achieving this objective, however, the role of Principal Investigators (PIs) within these complex multi-stakeholder research projects remains under researched. This paper explores how networks in the scientific knowledge collaboration process are initiated and maintained from a multi-stakeholder perspective. It is based on case study evidence from 82 stakeholders in 17 research collaboration projects in Irish and German universities, which provides for a holistic view of the process, as opposed to prior research which has tended to report findings based on the analysis of one or two stakeholders. It finds that PIs play a lead role in establishing and managing stakeholder networks. This finding is unanimous for all stakeholders, irrespective of research centre size, type and geographical location. Not unlike the entrepreneur, the PI has to be ‘a jack of all trades’, taking on the roles of project manager, negotiator, resource acquirer as well as, the traditional academic role of Ph.D. supervision and mentoring. The findings suggest that PIs are better placed than Technology Transfer Office managers to act as boundary spanners in bridging the gap between science and industry.     

The ‘good’, the ‘bad’ and the ‘Charlie’: the business of cocaine smuggling in Greece

This article examines the social organisation of cocaine smuggling in Greece. Emphasis is placed on the involvement of professionals from the shipping industry and actors from the ‘upper society echelons’ who play a pivotal role in the transportation and importation of cocaine to Western Europe and Greece. After considering empirical evidence from a variety of sources, our findings indicate that the cocaine market in Greece is ‘organised’ by a system of collaborative relationships between state, business and civil society actors. It is suggested that to better understand the nature of this illegal market, further research is required to take a closer look into the economic, socio-cultural and political incentives of these actors.     

Communication error management in law enforcement interactions: a receiver’s perspective

Two experiments explore the effect of law enforcement officers’ communication errors and their response strategies on a suspect’s trust in the officer; established rapport and hostility; and, the amount and quality of information shared. Students were questioned online by an exam board member about exam fraud (N_study1 ?=?188) or by a police negotiator after they had stolen money and barricaded themselves (N_study2 ?=?184). Unknown to participants, the online utterances of the law enforcement officer were pre-programmed to randomly assign them to a condition in a 2(Error: factual, judgment)?×?3(Response: contradict, apologize, accept) factorial design, or to control where no error was made. Our findings show that making (judgment) errors seem more detrimental for affective trust and rapport in a suspect interview, while no such effects appeared in a crisis negotiation. Notably, we found a positive effect of errors, as more information was being shared. The ultimate effect of the error was dependent on the response: accept was effective in re-establishing rapport and decreasing hostility, while contradict threatens it. Accept seems more effective for the willingness to provide information in a suspect interview, while apologize seems more effective for affective trust and rapport in a crisis negotiation.     

‘C’ is for commercial collaboration: enterprise and structure in the ‘middle market’ of counterfeit alcohol distribution

This article utilising the work of Pearson and Hobbs [1] defines the middle market in counterfeit alcohol. Drugs markets have a resemblance to counterfeit alcohol markets in as much that they share the illicit nature of the product and the need to distribute the product at the ‘street’ level. Drawing on two case studies taken from a European regulator the article details the dynamics of the market, the enterprise actions of the actors and how law enforcement responses can, in certain circumstances, make the task of the distributors easier. The traditional notions of organised crime are challenged and organisation of counterfeit alcohol markets is viewed as being reliant upon those who have legitimate access to the market and are able to develop networks of commercial collaborators who by their position in the legitimate market are able to conceal their illicit actions.     

Institutions and the Legislative Success of ‘Strong’ Presidents: An Analysis of Government Bills in Chile

This paper examines the approval of government bills in Chile, evaluating the effect of presidential prerogatives and policy substance, and considering both bill-specific and contextual effects. The results show that presidential prerogatives over financial policy, as well as the ability to affect the congressional agenda through urgent bill scheduling, significantly influence government bill approval. As expected, government success is enhanced during the honeymoon period. However, changes in public approval of the president do not appear to exert a significant effect on the passage of presidential bills.     

The role of self-help efforts in the reintegration of ‘politically motivated’ former prisoners: implications from the Northern Irish experience

Self-help (or mutual aid) processes play a substantial role in the reintegration of stigmatized individuals, in particular, a substantial self-help movement has developed around addiction recovery. Prisoners and ex-prisoners have also established self-help groups around the world. This paper focuses in particular on the role of self-help principles and practices among “politically motivated” former prisoners from all sides of the Northern Irish conflict. The concept of self-help and its application to former prisoners are analysed theoretically, then applied to the Northern Irish case study through a series of interviews with ex-prisoners whose incarceration has been related to the conflict in Northern Ireland. We draw on the implications of this case study for wider issues of reintegration for politically motivated and ordinary prisoners.     

Russia’s role in UNFCCC negotiations since the exit of the United States in 2001

The unexpected exit of the United States from the Kyoto Protocol in 2001 signaled the exponential increase in the importance of the Russian Federation as a key player in international climate change politics. Until then a relatively minor player, Russia’s active participation in the evolution of the climate change regime is now considered a paramount and immediate necessity. A longitudinal study of Russian climate policy over the years is therefore a highly useful exercise as it allows for the better understanding of current developments and provides some basis for prediction of its future actions. The primary aim of this article is threefold: First, to offer a comprehensive account of Russian involvement in international climate negotiations. Secondly, to clarify the actual reasons behind Russia’s decision to delay its ratification of the Protocol for almost three long years, and finally, to try and map out the post-2012 positions of Russia on the road to the 2009 Copenhagen Conference of the Parties.     

Parliaments in Africa: Representative Institutions in the Land of the ‘Big Man’

This paper analyses the perceptions among survey participants, of African parliaments and presidents and examines their citizens’ attitudes towards the coexistence of these two institutions. It aims to determine the way citizens rate their parliaments compared with their presidents. It further seeks to answer the question of whether Africa remains the continent of the ‘big man’, where absolute power lies with an individual, feeding clientelistic relationships. In the decades following the transitions to independence, most of the continent was marked by a proliferation of monoparty regimes; in many cases, these were almost one-man regimes. A majority of the leaders symbolised, at an early stage of independence, the birth of the nation itself. Many times these presidents have sought to extend their incumbency perpetually. However, over the last two decades this scenario has changed considerably. Monoparty parliaments have been replaced by multiparty parliaments and executives, and presidents have found themselves needing to share their leadership of the nation with parliamentarians. Not much is known about how these emerging parliaments have been operating, but the little that is known tells us that they have faced a lack of institutionalisation and still struggle to assert their independence from strong executives. It is therefore reasonable to expect that parliaments will be perceived as dormant institutions in the public eye.     

Between the ‘Home’ and ‘Institutional’ Worlds: Tensions and Contradictions in the Practice of House Arrest

In this paper we argue that the theoretical work of Goffman (1961) on “total institutions,” Foucault’s (1977) insights into the workings of disciplinary power, and an account of contemporary forms of punishment and social control in postmodern society (Staples 2000) help us better understand the experiences of those individuals sentenced to house arrest. Based on face-to-face interviews with twenty-three people being electronically monitored in a Midwestern metropolitan area, our analysis identifies three themes that illustrate the ways in which electronic monitoring is experienced as a complex amalgam of what Goffman (1961, p. 13) saw as the distinct “home world” and the “institutional world”. These themes include (1) “Home is Where the Machine Is,” (2) “Producing Docile Bodies,” and (3) “Threat of Sanctions”. We reassert our claim (Staples 1994, 2000) that contemporary forms of social control such as electronic monitoring reflect an ongoing struggle to deal with problems and issues set in motion with the birth of modernity.     

‘Honourable’ Behaviour and the Conceptualisation of Violence in Ethnic-Based Organised Crime Groups: An Examination of the Albanian Kanun and the Code of the Chinese Triads

Within Albania and China and their respective diasporas, a history of extreme violence, both official and unofficial, is widely accepted but not easily understood from a Western perspective. Over the course of centuries both societies have experienced turmoil and in the 20^th century spent decades under the disastrous communist dictatorships of Enver Hohxa (1944–1985) and Mao Zedong (1949–1976). Acts of organised/collective violence should be interpreted in their historical and cultural contexts. As both Albania and China underwent considerable internecine feuding, and all manners of deprivations and oppressions under the governance and proclamations of their various rulers, it may not be surprising that their subjects became inured to violence. Violence is neither meaningless nor peculiar to China/Albania. One explanation arises from the continuing purchase of ancient codes of ‘extreme violence’. This paper describes two ancient instruments justifying ‘excessive violence’ that have continued to exist even today and directly link them to the violent behaviour of contemporary Albanian and Chinese organised crime groups. The paper will explore the historico-cultural origins of Albanian and Chinese organised crime and their recent reputation as ‘ultra-violent’ actors. Specifically we examine the 15^th century Albanian legal code known as the Kanun of Lek Dukagjini, and the 17^th century code of the Chinese Hung Mun (Triad Society).     

‘Any friend of yours is a friend of mine’: investigating the utilization of an interpreter in an investigative interview

Premised on a body of literature suggesting target-interviewer rapport is a critical component of successful interviews, we explored the effect of two interpreter-related variables – the physical placement of the interpreter in the room, and the nature of the relationship between the interpreter and the target – on target-interviewer rapport. A total of 125 bilingual (Spanish/English) participants viewed a mock crime video and were then interviewed, via an interpreter (or not). Interpreters either built rapport with the participant immediately prior to the interview or did not, and were either seated beside the interviewer or behind the target, commensurate with recommendations from training manuals. When the interpreter and target engaged in a short rapport-building session prior to an investigative interview, the target rated their interaction with the interviewer less negatively compared to when rapport building did not occur. Furthermore, when the interpreter sat behind the target, the target viewed the interaction more negatively than when the interpreter sat beside the interviewer (triangular configuration). These findings suggest ways in which interpreters can be utilized more effectively, especially in terms of seating configuration, rapport development between a target and interpreter, and importantly, the potential for that target-interpreter rapport to transfer to the target-interviewer relationship.     

Udder justice: the dairy cow’s experience of milk production regulations in Canada

Abstract

In a world continually (re)structured through neoliberal organization, processes of food production and consumption are increasingly market-oriented within an agribusiness-structured system. This paper provides an exploratory analysis of the role of the Canadian dairy cow as both a producer and a consumer through questioning how the production–consumption roles are structured within federal legal regulations governing the dairy cow’s life on a modern farm. Particularly, this paper explores whether there is a difference between how the dairy cow is defined and treated through regulations governing consumption, such as feed and care, versus production laws, including impregnation and milking processes. This inquiry will be answered by examining literature and data describing Canadian dairy farms, combined with a discourse analysis of federal regulations governing the consumption and production activities of dairy cattle. The results will be presented from the perspective of the Canadian dairy cow, followed by a discussion of how regulations may best represent the just treatment of the dairy cow within both roles.     

‘Narcoballads’: The Psychology and Recruitment Process of the ‘Narco’

There have been several studies conducted about racist groups, gangs, cults, terrorist and other criminal organisations, but very little has been written about the psychology and recruitment process of the ‘narcotrafficker’. This is because like most criminal organisations, they tend to be secretive and difficult to penetrate by law enforcement, academics and others who wish to study them. Using an audio‐recorded content analysis of ‘narcocorridos’ — ballads glorifying the activities of the ‘narcos’ and describing their successes' — as well as Social Identity and Group theories, the author describes some of the techniques used to recruit individuals into drug cartels; the labels, stereotypes and images of the in-group versus the out-group and the similarities in the socialisation and recruitment process of other criminal organisations. This study shows the recruitment of individuals into drug cartels follow similar patterns to other criminal organisations including the need for power, belonging, respect, security and pride.     

The experience of civil partnership dissolution: not ‘just like divorce’

Between 2012 and 2014 I interviewed some of the earliest civil partners to dissolve their partnerships about their experience of dissolution. When I presented my findings, most family lawyers responded that dissolution was ‘pretty much like divorce’. And so it was, in many respects; but I thought that such comments missed an important difference. This article focuses on the legal understandings of gays and lesbians who have undergone dissolution of their civil partnerships, and on their experiences of it. This seemed to me significant for three reasons. First, the experiences of lesbians and gay men have historically been marginalised, pathologised or absent from legal accounts and the dominant legal consciousness. In this research they would be put centre-stage. Second, the institution of civil partnership – transient though it may turn out to be – deserves study as the point of entry into legal recognition and regulation of same-sex couples’ relationships in the UK. And, third, it is this precise history that makes it different from marriage, and dissolution different from divorce, whatever the similarities in legal treatment.     

Diffusion of the Budapest Convention on cybercrime and the development of cybercrime legislation in Pacific Island countries: ‘Law on the books’ vs ‘law in action’

The Council of Europe Convention on Cybercrime,¹ referred to as the Budapest Convention on Cybercrime, has been diffused globally, and is serving as a benchmark or a ‘model law’ for drafting national cybercrime legislation in many countries worldwide. This paper argues that, through the mechanism of ‘state socialization’ combined with incentives, e.g. assistance in building law enforcement capacity, the diffusion of the Budapest Convention has had a profound influence on the development of cybercrime legislation in a number of Pacific Island Countries (PICs).² Some PICs have expressed their great interest in acceding to the Convention and ‘imported’ several provisions from the Convention. This article, nevertheless, contends that these PICs do not seem to consider carefully whether the ‘imported’ law is applicable to their existing law enforcement capacity. It is evident that various domestic factors, such as lack of resources, have deterred the enforcement of cybercrime laws in these countries. As the result, although those PICs would have adequate cybercrime laws ‘on the books’, ‘law in action’ is still feeble.     

The role of justice in the North–South conflict in climate change: the case of negotiations on the Adaptation Fund

Justice, by and large, implies greater legitimacy and can persuade parties with conflicting interests to cooperate more closely on collective actions. Therefore, the aim of this article is to investigate the role that ethical arguments have played in restoring mutual trust between the developed and the developing countries in negotiations on the Kyoto Protocol Adaptation Fund and in transforming the patent failure of the Subsidiary Body for Implementation Bonn May 2006 meetings on its management into the encouraging success of the Nairobi December 2006 round. These meetings are analysed from the perspectives of procedural and distributive justice in order to interpret the negotiating dynamics and their outcomes. More specifically, procedural and distributive justice are, respectively, sought in the Bonn and Nairobi formal meetings through reference to, and the emergence of, principles and criteria of participation, recognition and distribution of power among Parties, and of Parties’ responsibility for, and vulnerability to, climate impacts.     

Multi-agency approaches in ‘criminogenic’ settings: the case of the Amsterdam Red Light District

This paper assesses the empirical evidence on multi-agency collaboration to reduce crime, uphold justice and improve safety in the so-called ‘Red Light District’ in the city center of Amsterdam, which has been a high crime area for decades. Three periods are analyzed: crime on the streets (1980s–1996); organized crime behind the front doors (1996–2007); and reconquering the Red Light District (2007–2011). The paper analyzes shifts in the definition and framing of central crime problems, causal assumptions, policy assumptions, and evidence on multi-agency collaboration and outcomes. Alongside positive outcomes, all three periods contain evidence on how difficult it is to forge and sustain alliances between government agencies; and to coordinate a shared focus on a single area and on a single topic. Furthermore, the final outcomes of these efforts are hard to measure with the exception of visible street crime. Finally, the paper contributes to the literature on Third Party Policing and multi-agency collaboration by looking beyond the police as the central actor and by widening the predominant instrumental focus to normative and political issues such as changing norms, priorities, and increasing and decreasing internal and external support for certain policy lines and actions.