Critical Legal Studies versus Critical Legal Theory: A Comment on Method

Over the last decade the Conference on Critical Legal Studies (CCLS) has rekindled an important debate about the study of legal ideologies. The work by scholars within this movement is provocative because it demands that we take seriously the contradictory needs and ideological parameters of liberal legalism. The growing body of work associated with this movement has not, however, included a criticism of the ideological underpinnings of legal methods in general and doctrinal analysis in particular. We begin with the premise that scholarship must include a self-critical method.
In Part I—The Political-Economic Constraints of Liberal Legal Scholarship—we explore why questions of methods, i. e. of how one asks and answers questions, has not been a central issue within CCLS. In Part II—Reformulation of Method—we present a beginning toward a framework for developing a self-critical method for understanding legal ideologies.     

Insider Gang Knowledge: The Case for Non-Police Gang Experts in the Courtroom

Drawing on data from surveys and interviews administered to non-police gang experts, the authors argue that police gang detectives are often erroneous in their definition of gang membership and gang-related crime. Police gang experts often mistake signs of urban youth culture for gang membership and criminal conspiracy. Evidence is presented on the ways in which knowledge about gangs is often determined by the social position of the gang expert. Former gang members and community workers may demonstrate a more nuanced and accurate knowledge of gangs than gang detectives. We see the admission of non-police gang expert testimony to the courtroom as a viable way of countering social perceptions that view aspects of gang membership and racial membership interchangeably and possibly help counter disproportionate prison sentences bestowed upon black and Latino youth.     

Social Network Position of Gang Members in Schools: Implications for Recruitment and Gang Prevention

Schools are venues in which gang and non-gang involved youth converge. It is therefore a likely venue for gang recruitment. The extent to which this occurs depends upon the ability of gang members to connect with non-gang members. In this study, we compare the social network positions of high social status gang members who are well integrated into school networks with low status members who are not. Using network data from the Add Health study (n = 1,822), we find that not only are high status gang members strongly embedded within school networks, but that this status is driven by their ability to connect with non-gang members rather than other gang members (indicated by the high number of friendship nominations they receive from non-gang members). These gang members are potentially in optimal positions to influence others to join gangs. The implications of these results for school-based gang prevention programs are discussed.     

Gang Activity and Overall Levels of Crime: A New Mapping Tool for Defining Areas of Gang Activity Using Police Records

In this note, a new method for defining gang activity areas based uponpolice records is illustrated using the Chicago Police Department's1996 incident files. This method is based upon standard geographictechniques and uses a uniform grid that divides the city into 150-msquares. It is shown that this technique may be useful both in describinggang activity areas and in describing the spatial distribution of crime inlarge cities. A strong relationship is found between the number of gangsthat are active in an area and the general level of criminal activity.     

Gang problems in nometropolitan areas: A longitudinal assessment

The spread of youth gangs to nonmetropolitan counties in the 1990s has been widely cited but difficult to document empirically and interpret theoretically. Using merged data from the 1996, 1997, and 1998 National Youth Gang Surveys, and matching the combined National Youth Gang Surveys with demographic data from the Departments of Commerce and Agriculture, we provide a comparative analysis of social, economic, and demographic differences among nonmetropolitan jurisdictions in which gangs are reported to have been persistent problems, those in which gangs have been more transitory, and those which report no gang problems. Drawing indicators from four distinct frameworks for explaining community differences in gang problems—ecological, economic deprivation, population composition, and social diffusion—we assess the application of explanations for urban gangs to less urbanized areas.     

普实克和夏志清的鲁迅研究及其方法论反思

普实克和夏志清的中国现代文学研究开启了迥异的学术思路和研究范式:普实克同情中国革命,以社会历史分析的方法肯定中国现代文学的现实品格,褒赞鲁迅的历史功绩;而夏志清受新批评派的影响,重视对作品自身价值的鉴别与评价,加上冷战背景和历史偏见,他的鲁迅研究实践了去历史化和矮化鲁迅的诉求。两人的这种学术分歧经过1961—1963年的普夏之争得到了更为鲜明的呈现。本文结合普夏结缘鲁迅的历史背景,追踪他们学术实践的理论资源,辨析普夏之争中各自的鲁迅观和鲁迅研究的特点或局限,最后反思普夏两人的文学史写作与政治偏见、作者意图、历史化之间的复杂关系。     

Psychopathy Among Mexican American Gang Members: A Comparative Study

High-risk Mexican American males were assessed for levels of psychopathy. The Hare Psychopathy Checklist-Screening Version was compared in a random sample of gang members with a matched community sample of violent non-gang members and samples of forensic and psychiatric patients and undergraduate students. Analysis involved t-test, chi-square, and Cronbach's alpha statistics. More than half of the gang sample were categorized as low, 44% as moderate, and only 4% as high on psychopathy. The gang members had higher scores on the total, affective, and behavioral scores than the non-gang members. High scores on adolescent antisocial behavior, poor behavioral controls, and lack of remorse were found in both samples. Gang members scored twice as high as non-gang members on lack of empathy. Both samples were lower on psychopathy than the forensics and higher than psychiatric patients and undergraduates. The results provide grounds for early intervention efforts for this high-risk population.     

We Fearless Ones: Nietzsche and Critical Legal Studies

Abstraction destroys life. This revised version was published online in July 2006 with corrections to the Cover Date.     

Fear of Gang Crime: A Look at Three Theoretical Models

Gang crime and resulting public fear became a major policy focus during the 1990s, yet few studies specifically focus on fear of gang crime. Guided by social disorganization theory, we test three theoretical models about the individual thought processes leading to fear of gang crime. Using structural equation models, we find that each of these three theories—diversity, disorder, and community concern—is an important predictor of gang-related fear. In addition, we find that the indirect relationships between demographic characteristics, theoretical variables, and fear depend upon which model is tested.     

Introduction: Special Issue Vol. 30 # 1—“Critical Gang Studies”

Critical Criminology -     

Measuring Civilian Defensive Firearm Use: A Methodological Experiment

Estimates of the incidence of victim gun use from the National CrimeVictimization Survey (NCVS) are consistently lower than are those fromother studies. To examine the divergence, we conducted a survey that gaugedthe impact of methodological differences between the NCVS and the otherstudies. For half of the sample, we asked questions from the NCVS, followedby questions from the other surveys. For the other half of the sample, wepresented the questions in the reverse order. We examined two hypotheses:(1) survey methods account for the divergent results, and (2) the questionscover unrelated activities. The results provided some support for the firsthypothesis, but respondents also reported many more defenses to thequestions from the other surveys than to the NCVS questions. Consistent withthe second hypothesis, this suggests that the NCVS and the other surveysmeasure responses to largely different provocations.     

公务员创新行为:文献述评与研究展望

创新行为俨然成为公务员适应新时代高素质干部队伍建设要求的典型行为模式,以及公共部门适应职能转变和服务再造要求的内生动力。本研究基于对已有研究的系统梳理与深入分析,构建了一个系统的公务员创新行为研究框架。本研究从公私部门成员创新行为差异及争议切入,围绕公务员创新行为的概念内涵、多层次影响因素及复杂作用机制进行系统回顾并展开评述,呈现新制度主义理论、自我决定理论等在公务员创新行为塑造中的深层逻辑。在此基础上,本研究展望未来方向:(1)以回应跨国文化背景、科层制组织特征、现实工作场景实现公务员创新的情境化研究;(2)在新时代中国场景中实现公务员创新行为的量表开发、跨层次系统性形成机理探索;(3)拓展公务员创新行为的效能机制研究,实现微观层面行为创新与中观层面组织创新、宏观层面政策创新的呼应衔接。     

董刚：为年轻律师的成长搭梯子

尽管坐在《法人》记者对面的董刚是一名30岁出头的年轻律师，但他的职业律师生涯已达10年，而且在26岁的时候，他与合作伙伴创办了北京市荣德律师事务所，并担任律师事务所主任；     

Negotiating Durable Solutions for Refugees: A Critical Space for Semiotic Analysis

Despite the proliferation of specialised agencies designed to reduce the prevalence of refugees worldwide, the number of individuals fleeing persecution is increasing year on year as endemic violence in countries such as Iraq, Somalia and the Syrian Arab Republic continues. As a result, media broadcasts and political dialogues are saturated with discussions about these “persons of concern”. Fundamental questions nonetheless remain unanswered about what meaning these actors attribute to the label ‘refugee’ and what intent, other than paucity of knowledge, might be driving the term’s use or manipulation. Though this is evidently important in the public arena, where incorrect conflations fuel mistrust and misunderstandings, the ramifications of these divergent understandings at the level of multi-lateral politics have yet to be critically explored. This article applies Barthes’ theory of the multiple orders of the sign to address this. Using the case study of the negotiations preceding the invocation of the Cessation Clause for Rwandan refugees, it illustrates how the word refugee is susceptible to numerous, simultaneous understandings, and discusses the implications of these manifold interpretations for how durable solutions are envisaged and negotiated in the refugee regime. In the case of Rwandan refugees in Uganda, this has meant that over a decade of stalemated discussions between the Governments of Uganda and Rwanda and the United Nations High Commissioner for Refugees over their future have been broken by a series of bilateral concessions that, whilst diminishing the political significance attached to this protracted caseload, have failed to address the continuing precarity of their situation. By conceptualising the word refugee as a sign according to the Saussurean model of semiotics, this paper therefore argues that despite the term’s established legal-normative definition, its inherent malleability makes it susceptible to processes of political instrumentalisation. This elevates the refugee as a rhetorical figure above the refugee as a physical-legal body entitled to certain forms of assistance.     

Critical Mass for Affirmative Action: Dispersing the Critical Cloud

The concept of critical mass has been invoked by social scientists and the Supreme Court in affirmative action decisions as a solution to problems related to underrepresentation of minority students in institutions of higher education. Little distinction is made by scholars between the Court's use of critical mass as a metaphor and its application in research as a mathematical concept. I use Agent‐Based Modeling—a simulation technique in which systems are modeled through repetitive interaction of autonomous decision‐making “agents” to observe the complex dynamics that emerge from interaction—to investigate the Supreme Court's conception of the relationship between student‐body composition and student isolation and stereotyping. Findings demonstrate that the relationship between student body representation and the educational outcomes of interest as detailed by the Court, specifically minority students' feeling of isolation and majority students' retention of negative stereotypes, does not exhibit a specific threshold or tipping point as we would expect from a system that has a critical mass at which sudden and sustainable change in the state of the system occurs. Simulations of student interactions show there is not one definable threshold or critical mass of minority students that achieves educational goals of reducing either the isolation felt by minority students or the negative stereotypes held by majority students about their minority peers. Instead, greater minority representation is consistently associated with better outcomes for students in all contexts.