Evolutionary psychology and the origins of justice

Justice defines our discipline in both name and substance; yet its origin is a neglected topic. I explore the origins of the human “sense of justice” from the perspective of evolutionary psychology. My thesis is that the human sense of justice is a biological adaptation in the fullest sense of the word: That is, an evolved solution to problems faced by our distant ancestors. I explore the role of reciprocal altruism and of “cheating” and cheater detection as exerting pressure for the selection of moral outrage in our species. Moral outrage leads to the desire to punish, which serves an expiatory role. This punishment can be tempered with mercy by tapping into the evolved emotions of empathy and sympathy as cultural ideas defining all human beings as intrinsically valuable. Reconciliation and reintegration as contained in restorative justice are also examined from this naturalistic perspective. I conclude by exploring how cultural variability can be accommodated.     

Graffiti vandalism: Frequency and context differences between the sexes

This paper explores a popular yet highly destructive form of property crime — graffiti vandalism. The localities of such destruction selected for study were male and female restrooms. Three hundred and ninety-two cases were collected and analyzed. Prior research theorized the existence of a significant difference in the amount of graffiti produced between the sexes. (It was believed that males produce more graffiti than females). Analysis, however, revealed equal production of graffiti by males and females.Content differences between the sexes were hypothesized. The content categories included homosexual, heterosexual, nonsexual (humorous and political statements) and racial graffiti. The findings as they relate to content differences between the sexes are presented and discussed relative to sex-role socialization theory.     

Intraprofessional Competition and Earnings Inequalities Across a Professional Chasm: The Case of the Legal Profession in Québec,Canada

Intraprofessional rivalry has a long history. This article examines earnings disparities as a dimension of intraprofessional competition among avocats and notaires in the civil law system of Québec, Canada. Drawing on two large‐scale surveys and in‐depth interviews with legal professionals, I examine three competing perspectives of earnings inequalities: human capital, social‐symbolic capital, and organizational‐structural explanations. Through this analysis I seek to examine whether similar causal processes shape earnings across the two spheres of legal practice in Québec. The findings of this study clearly demonstrate that these two professional groups are equipped with differential stocks of capital, and conversion rates differ drastically. Avocats receive greater exchange on their investments in human and social‐symbolic capitals. These disparities are most pronounced in sectors of the profession where jurisdictional frictions abound: among notaires and avocats working as solo practitioners and in small firms within competitive urban contexts. The article concludes with a discussion of theoretical extensions and future directions for the study of legal professionals in civil law systems and blended jurisdictions.     

Assessing the instrumental and symbolic elements in attitudes toward the death penalty using a sample of Puerto Rican students

Theoretical explanations for the support or opposition to the death penalty have often been dichotomized into the instrumental and the symbolic perspectives. The instrumental perspective sees support for the death penalty as utilitarian, that it is a means to a desired end, which is often to lower crime rates. The symbolic perspective sees support for the death penalty as emanating from individuals’ political and social ideologies, no matter its utilitarian value. Both perspectives have often been examined individually, and seldom juxtaposed as competing explanations in a singular model. This paper examines both perspectives in a singular model, using a sample of Puerto Rican students.     

Delinquency,control maintenance,and the negation of fatalism

To account for the malicious and non-utilitarian character of much delinquent behavior, many theorists interpret delinquency as a symbolic statement of personal independence. In particular, they argue that delinquency represents a functional device or maneuver that enables youths to maintain a sense of personal control in the face of adult constraints and impositions. This study presents an empirical evaluation of this claim based on analyses of longitudinal data from a national survey of male adolescents. The findings are largely consistent with the “control-maintenance” argument. Data indicate that male adolescents tend to respond to adult constraints with a diminished sense of personal control (or fatalism). Delinquent involvement, however, negates the effect of such constraints. Implications for criminological theory, delinquency control, and future research are discussed.     

Co-production of cybersecurity: a case of reported data system break-ins

ABSTRACT

In this study, we contributed on research of policing cyberspace by analysing how different stakeholder groups (nodal clusters) participate in the formal security network during detecting and handling of data system break-ins in practice. The goal of this article was to study whether citizens have roles within the security network. The analysis was based on data system break-ins (n = 220) reported to the Finnish national computer emergency response team, CERT-FI, in 2012. We detected five types of nodal clusters: computer emergency response teams (CERTs), companies, public organisations, private persons and associations. The roles of nodal clusters were described by using cultural, social, political, economic and symbolic capital. However, the results show that there are differences not only between the nodal clusters but also inside them regarding their positioning within the network. We argue that instead of a type of nodal cluster, division based on the roles and individual needs could be more relevant. Recognition of roles could encourage netizens to co-produce cybersecurity from their respective premises.     

Perceptual Biases, Graffiti and Fraternity Crime: Points of Deflection that Distort Social Justice

Although the official, law-enforcement policy in Bloomington, Indiana, categorized graffiti as vandalism, prominently displayed graffiti produced by Indiana University's student organizations escaped criminalization. This article documents the differential, criminal justice treatment of graffiti vandalism based on the group producing it thereby reaffirming the existence of a class-based system of justice. This article also uncovers a hidden bias inherent in Chambliss' “The Saints and the Roughnecks” by arguing that university students, whose graffiti do not receive negative sanctioning, represent Saints at the college level who exhibit criminal behavior. University-level lessons about how the crimes of the privileged go unprosecuted or become transformed into civil rather than criminal events could very well pave the way for further crimes after graduation rather than the “Saintly” adulthood implied by Chambliss. More research into the alternate system of justice used with regard to university students could shed light on both the problems and possibilities encountered when implementing alternate systems of social justice. This revised version was published online in July 2006 with corrections to the Cover Date.     

Laws of Inclusion and Exclusion: Nomos,Nationalism and the Other

This article explores how and why contemporary nationalist ‘defence leagues’ in Australia and the UK invoke fantasies of law. I argue these fantasies articulate with Carl Schmitt’s theory of ‘nomos’, which holds that law functions as a spatial order of reason that both produces and is produced by land qua the territory of the nation. To elucidate the ideological function of law for defence leagues, I outline a theory of law as it relates to (political) subjectivity. Drawing on the work of Foucault, Agamben and Brown, I demonstrate how subjects form and are formed by historically contingent relationships to law in the contemporary neo-liberal moment. Turning to Lacan, I show how nationalistic invocations of law provide nationalists with a fantasy that the nation’s law represents them and holds them together (as the nation itself). Similarly, I argue that nationalists imagine that the other has their own law as well, which not only corresponds to the other, but functions as a legible index of the other’s otherness—a metonym for the threatening uncertainty and radical difference that the other represents. Drawing on Lacan’s concept of the big Other, I ultimately argue that nationalists aggressively (re)assert law not only to defend the nation, but to ensure their own symbolic and ontological security therein.

     

Characteristics of cybercrimes: evidence from Chinese judgment documents

ABSTRACT

China has witnessed a rapid growth in internet use alongside an unprecedented increase in cybercrimes. Although studies have suggested that there are many factors that may contribute to the growing number of cybercrimes, such as the widespread use of online gaming, the low average income of internet users, and an increased access to IT skills, systematic analyses of actual convictions are rare. As the level of domestic cybercriminal activities increases rapidly, there is a growing call for empirical studies on cybercrime in China.

Through the extraction of data from China Judgements Online, the newly released Chinese judgements service, this study examines the basic characteristics of cybercrimes in China by analysing 448 sentencing documents that cover four types of computer crimes: online frauds, real asset theft, virtual asset theft, and stolen accounts. We analyse cybercrime cases from the perspective of the underground economy, focusing on the roles that cybercriminals play in the value chains of the online underground market; more specifically, what kind of products and services are enabled through cyber theft, and how those products and services are integrated as components of the underground economy.     

Social learning theory,drug use,and American Indian youths: A cross-cultural test

Contemporary delinquency theories have been challenged as being biased by inherent cultural myopia, even though there have been few tests of these theories involving samples that share all theoretically important characteristics except cultural heritage. In particular, recent studies of delinquency among American Indians suggest that the central constructs of these explanatory models may operate differently among Indians or may translate poorly into the “Indian experience.” Using a census of rural American Indian and Caucasian youths who lived close to one another, we examined the empirical link between key social learning theory constructs and self-reported deviant behavior. Although there were some intergroup differences, the selected theoretical constructs yielded considerable insights into the level of self-reported youthful misbehavior, in this instance alcohol and marijuana use, of both subgroups.     

Legal Weapons for the Weak? Democratizing the Force of Words in an Uncivil Society

First Amendment absolutists and proponents of speech regulation are locked in a normative stalemate over the best way to diminish racial "hate speech." I argue that this stalemate can be overcome by considering a more expansive theory of the "force of words" and the risks the right of free speech entails for individuals. Drawing on a cultural theory of symbolic power, I discuss the merits and limitations of two recent texts which redefine hate speech as discriminatory conduct. As an alternative to this strategy, I develop an analytical framework for describing the social risks the right of free speech entails, and propose juridical and deliberative-democratic remedies that might redistribute and attenuate these risks. Cultural and legal theory can find common ground in the analysis of the undemocratic effects of symbolic power. Such common ground can be achieved if legal theorists consider the force of words as a problem for democracy and if cultural theorists consider the resources provided by democratic institutions and practices for the redistribution of the social risks of speech     

On Gratitude

In this review, I use Emmons and McCullough's excellent volume on gratitude as a platform for discussing several issues in emotion, cultural, and moral psychology. First I summarize this exceptionally rich edited book, which provides accessible reviews of the philosophy, theology, anthropology, sociology, evolutionary biology, and psychology of gratitude. I next take up four questions inspired by the book. First, I consider whether gratitude is an emotion, and how to operationally define emotions. Second, I discuss the cognitive components of gratitude, including the appraisal structure of gratitude and whether gratitude can occur without an attribution. Third, I take up the question of whether gratitude is indeed a positive emotion, and propose some complications in the nature of positive emotions. Last, I consider potential sources of individual, cultural, and religious differences in gratitude, such as whether gratitude is mostly about internal feelings or the fulfillment of social obligations.

Native American Identity and the Limits of Cultural Defence

This article concerns itself with the phenomenon of the cultural defence as it exhibits itself in the US juridical context. Recent socio-legal discussions about this phenomenon reveal three prevalent positions: the illegality of cultural defence on constitutional grounds, the necessity of cultural defence as a matter of discretionary justice, and the intermediary position of working cultural defence into a legal doctrine. By problematizing the operative concept of culture, the author suggests that the idea of cultural defence should be understood in terms of foreignness. This suggestion is supported on the basis of the phenomenological theory of the alien (xenology). In order to illustrate the juridical limits of the cultural defence I examine the history of constructing the Native American as a cultural legal subject. Hence the question that primes this examination: is there a possibility of the traditional cultural defence for the American Indians? After a provisional answer that there is no such possibility, I conclude with the discussion of hospitality as a way to an ethically necessary and legally acceptable idea of culture.     

The Value of Art and Culture in Everyday Life: Towards an Expressive Cultural Democracy

ABSTRACT

Ever since the earliest forms of mass media, the dichotomy of mass culture/high culture has been a topic of debate. The concept of cultural democracy has developed as a way to acknowledge a variety of cultural activities. Despite attempts to develop a broader understanding of culture, cultural policy still seems to reproduce the dichotomies, and to value one over the other. In this article, we would argue for an expanded understanding of cultural democracy, which may serve as a starting point for a turn of perspective of arts advocacy and cultural policy—the perspective we call an expressive cultural democracy.     

Explaining the cultural and symbolic resonance of zero tolerance in contemporary criminal justice

Zero tolerance has been described as a "popular slogan for politicians talking tough." It is also a slogan with international advocates. In addition to the US, politicians from Australia, New Zealand, the UK, and South Africa have praised this aggressive policing strategy. While this is a testament to the ease with which ideas diffuse between nations in the contemporary world, it does not explain why this particular idea is so popular. Nor does it explain why zero tolerance animated so many in the mid- to late-1990s. In order to answer these questions adequately, it is important to place zero tolerance in a wider social, political, and economic context. As this article argues, zero tolerance resonates in contemporary culture because it symbolizes a variety of tensions and anxieties found in late modern society. These anxieties are revealed through the often volatile and contradictory politics of law and order; through the routine scrutiny of marginal populations in society; and through the high degree of public tolerance for both of these developments. Recent research suggests that the rise of free market neoliberalism and social conservatism in western industrialized democracies provides an important backdrop against which these anxieties emerge. Imbued with meaning and populist appeal, it is the idea of zero tolerance, along with its cultural and symbolic resonance in contemporary criminal justice, which requires explanation.     

Substance Abuse,Aggressive Behaviors,and Cultural Identity Among Jamaican Adolescents

ABSTRACT

The present study examined the extent to which cultural identity is related to substance abuse and aggressive behaviors among Jamaican adolescents. The data used in the analysis was derived from a sample of 80 Jamaican adolescents, aged 13-18. The Multigroup Ethnic Identity Measure (MEIM) and Youth Risk Behavior Surveillance System questionnaires were used to record the responses regarding the sample's substance abuse and aggressive behaviors. Results indicated that the ethnic identity search emerged as a statistically significant predictor of cigarette use. Likewise, the relationship between marijuana and cigarettes; cigarettes and other drugs; and marijuana and other drugs denoted some significance. These findings are discussed in addition to limitations and implications.     

uBuntu, Pluralism and the Responsibility of Legal Academics to the New South Africa

Neo-liberalism often reduces pluralism to a social fact based on the collapse of the big ideals that once claimed to stand in for the ideal of humanity. Tolerance of inevitable value diversity is all that can be offered by the rationalized modern western state. This understanding of pluralism is completely inadequate in the post colony. Ernst Cassirer offers a philosophical understanding of symbolic plurality that allows us to respect divergent symbolic forms, including myth and religion. This understanding of pluralism opens the space for respect for the customary law and the great indigenous ideals such as uBuntu which has often been denigrated as mythical and thus outdated or, worse yet, not law at all. This denigration is inseparable from colonial violence, and demands a process of transculturation as integral to this struggle to transform the new South Africa into a society that lives up to the Constitution’s call for the respect of all of its citizens. This respect can only be done if there are serious economic reforms and a challenge to the hegemonic neo-liberal capitalism.

The relationship between adverse childhood experiences,coping using sex,and adult sexual coercion in non-incarcerated,community-based females

ABSTRACT

Adverse childhood experiences have been associated with negative outcomes in adulthood, including sexual offending. Using a cross-sectional design, we investigated whether self-reported adverse childhood experiences related to the perpetration of coercive sexual acts among 250 females recruited from the community. Furthermore, we examined whether sexualised coping mediated any potential relationship between childhood experiences and sexual coercion. A Spearman’s rank order correlation revealed no relationship between adverse childhood experiences and sexual coercion. However, adverse childhood experiences were significantly correlated with sexualised coping, which in turn was correlated with sexual coercion. Additionally, there was a significant but small indirect effect of adverse childhood experiences on sexual coercion through sexualised coping. Findings may help researchers to better understand the causal relationship between childhood experiences, sexual coping, and sexual coercion in females.     

Private Property Concerning Digitized Cultural Goods: Artificial Scarcity and Appropriation through Reproduction

ABSTRACT

Intellectual property is a legal concept used to regulate cultural goods and artistic forms of expression. It constitutes a peculiar regulation, as it applies the categories of private property to intangible goods. With the spread of Information and Communications Technology (ICT), which has allowed for the reproduction and global diffusion of these cultural goods, conflicts concerning intellectual property have increased. This article attempts to analyze some difficulties in using a concept such as private property to approach the marketing of cultural goods, especially when technology eliminates the quality of scarcity of these goods, which can be infinitely reproduced at almost zero cost.     

Bennett’s Expressive Justification of Punishment

In this paper, I will critically assess the expressive justification of punishment recently offered by Christopher Bennett in The Apology Ritual and a number of papers. I will first draw a distinction between three conceptions of expression: communicative, motivational, and symbolic. After briefly demonstrating the difficulties of using the first two conceptions of expression to ground punishment and showing that Bennett does not ultimately rely on those two conceptions, I argue that Bennett’s account does not succeed because he fails to establish the following claims: (1) punishment is the only symbolically adequate response to a wrongdoing; and (2) punishment is permissible if it is the only symbolically adequate response to a wrongdoing.