Preparing to Be Colonized: Land Tenure and Legal Strategy in Nineteenth-Century Hawaii

In the late nineteenth and early twentieth centuries, throughout the Pacific Rim, European and American colonizers reorganized indigenous systems of property rights in land to make them look more like European property systems, with disastrous effects for the indigenous people involved. The very first of these schemes, however, was the Māhele of 1845–1855, which took place not in a colony but in the independent Kingdom of Hawaii. Why did the Hawaiians do this to themselves? I argue that the Māhele was a sophisticated and partially successful response to the prospect that Hawaii would soon be colonized. The object of the Māhele was to ensure that in the event of annexation, Kamehameha III and other elite Hawaiians would not be dispossessed of their landholdings. The strategy was to convert those landholdings into a legal form that would be recognized by an incoming colonial government—whether American, British, or French—as private property.     

Hans Gross and the beginning of criminology on a scientific basis

Modern criminology--if one wants to consider it a separate scientific discipline at all--is usually perceived as being mainly influenced by the methods of natural sciences supplemented by components from the field of psychology, which, at least in some of its conceptions, tends to define itself as a natural science, too. If we take a look at the history of science, we will see development of criminology in this direction was not necessarily inevitable. The scientific work of the Austrian Hans Gross (1847-1915), one of the founding fathers of scientific criminology, serves as an example of the way how natural sciences and their exact methods became established in the methodological apparatus of modern criminology, although in praxi his claim for the application of exact methods was all too often replaced by irrational and intuitive ways of working. Still, Hans Gross' fundamental decision for the exact methods derived from the natural sciences is an important step towards a criminology that can be understood as a part of natural sciences, largely superseding the methods of cultural sciences and anthropological philosophy. This approach made the (criminal) human being an object of measurement and can result in the concept of man as a mere phenomenon of quantity. This is, on the one hand, ethically questionable; on the other hand, it made modern criminology more efficient and successful.     

The war on street ‘terror’. Why tackle anti-social behaviour?

This article examines the rationales of Dutch politicians for tackling the perceived pressing problem of ‘anti-social behaviour’ (ASB) and the question did they copy the British approach? The first part will describe in short the concept of policy transfer and the recent British fight against ASB. The focus will be on the introduction of the Anti-social Behaviour Order. The second part is an empirical study into the Dutch retreat from ‘condoning’ ASB, consisting of interviews with Dutch politicians focusing on their ideas for tackling ASB. Those are compared with the British’s rationales. This kind of comparative elite ethnography is not common in criminology, but this article aims at providing evidence of its benefits. By answering the research question an insight into the origins of policy in the sphere of criminal justice can be obtained.     

论地方立法体系的科学构建

科学合理的构建地方立法体系 ,不仅能够实现地方立法的民主化、科学化 ,使地方立法体系完备科学 ,而且也能避免地方立法之间的重复、交叉、冲突 ,使地方立法和国家立法相衔接。为了保证地方立法体系的科学性 ,在构建地方立法体系的过程中 ,应根据地方立法的实际 ,遵循合法性、可行性、科学性、适应性等原则 ,并且要在长期的地方立法实践中 ,采取科学确定地方立法体系的调整范围、确定地方立法思路、制定地方立法规划等步骤与方法逐步完成。     

Custodial Legal Assistance and Notification of the Right to Silence in France: Legal Cosmopolitanism and Local Resistance

Until the enactment of the Law of 14 April 2011, suspects questioned by the police in France were entitled to meet their lawyer only once in the first 24 h of custodial interrogation and only for 30 min, and were not notified of their right to silence. Extrapolating from the exceptionalism of the pre-April 14 regime of custodial interrogation, this article challenges the position of the fast growing cosmopolitanism of modern legal systems and argues that when one moves from rough generalisations to specific contextual inquiries, a more nuanced picture of the cosmopolitan tendencies of modern legal systems may emerge. This article also demonstrates that legal cosmopolitanism can be a powerful force for legal reform. The April 14 legislation was introduced quickly as a result of the jurisprudence of the European Court of Human Rights against the backdrop of two-century incremental development of French criminal procedure in this domain. This contrast lends itself to translating the April 14 reforms as a result of cosmopolitan pressures coming from outside the national legal system rather than cosmopolitan attitudes spontaneously generated from within. The article illustrates that external cosmopolitan pressures go hand in hand with local resistance, that legal nationalism underpins local resistance and that resistance fluctuates depending on the institution at the receiving end of cosmopolitan pressures. It concludes that indigenous cosmopolitan attitudes, generated through a renewed emphasis on comparative law, can better accommodate resistance.     

Sex Similarities/Differences in Trajectories of Delinquency among urban Chicago Youth: The Role of Delinquent Peers

A growing body of literature has recently emerged examining sex-specific pathways of offending. Yet, despite significant gains, this area of research is still rather underexplored. With a particular focus on the role of delinquent peers, this current study investigates the sex similarities/differences in offending trajectories among a large sample of urban Chicago male and female youth (n?=?3,038) from 6th through 8th grade (e.g., ages 12–14). The results suggest that the pathways of offending appear to be more similar than different across sex, and that associating with delinquent peers is significantly related to baseline delinquency. Furthermore, delinquent peers significantly distinguished the moderate and high-rate trajectory groups from the non-delinquents for both males and females, yet once estimated in a more fully specified model, the role of delinquent peers appeared to be indirect (operating through its effect on baseline delinquency). Study limitations and implications for theory and policy are also discussed.     

Problems of Cross-Cultural Comparison: Analyzing Linguistic Strategies in Tanzanian Domestic Violence Workshops

Campaigns against domestic violence and projects designed to reform laws are increasingly part of the development initiatives undertaken in African nations. Such projects are subject to standard criticisms of development (e. g., its tendency to enhance the power of donors over recipients) and to more recent concerns raised by postcolonial feminist scholarship (e. g., its tendency to ignore how women's condition in developing nations emerges from relations between donors and recipients). Mindful of these criticisms, many gender and law reform projects begun in Tanzania in the 1990s were designed to foster egalitarian relations between donors and recipients as well as to change laws and legal practices with respect to domestic violence. In addition, many projects relied on interactive workshops to impart information about law reform while empowering local participants. This essay focuses on two domestic violence workshops held in Tanzania in 1998. Linguistic analysis is used to expose the multiple relations of power in these development initiatives. The article demonstrates that demands on the structure of interaction-that is, everyone must be encouraged to participate-can work against creating egalitarian relations and suggests that some challenges to reforming development lie at the level of linguistic interaction.     

Is money a cure? Follow-up of litigants in England

American and British authors collaborated on a follow-up study in England of accident victims who brought litigation which had been resolved. Eighteen subjects who had complained of psychiatric symptoms during the course of the litigation were recruited from the British psychiatrist's files. Based on review of court documents and extensive interviews of the subjects, the authors describe case examples that demonstrate a complicated relationship between monetary compensation and outcome. Some of the litigants improved after they received compensation, but this seemed to be related to issues besides the money, e.g., feelings about their impairment, family support, the loss or gain of a relationship, personality characteristics, and ability to return to work. The authors discuss the results of this study in light of differences between the British and American legal systems.     

FRASH: A framework to test algorithms of similarity hashing

Automated input identification is a very challenging, but also important task. Within computer forensics this reduces the amount of data an investigator has to look at by hand. Besides identifying exact duplicates, which is mostly solved using cryptographic hash functions, it is necessary to cope with similar inputs (e.g., different versions of a file), embedded objects (e.g., a JPG within a Word document), and fragments (e.g., network packets), too. Over the recent years a couple of different similarity hashing algorithms were published. However, due to the absence of a definition and a test framework, it is hardly possible to evaluate and compare these approaches to establish them in the community.The paper at hand aims at providing an assessment methodology and a sample implementation called FRASH: a framework to test algorithms of similarity hashing. First, we describe common use cases of a similarity hashing algorithm to motivate our two test classes efficiency and sensitivity & robustness. Next, our open and freely available framework is briefly described. Finally, we apply FRASH to the well-known similarity hashing approaches ssdeep and sdhash to show their strengths and weaknesses.     

Preventive Policing and Security Plans: The Reception of New Crime Prevention Strategies in Three Finnish Cities

In Western countries today, security is seen predominantly as a problem of public places. This has given rise to a growing demand for new strategies of governing public places, the most popular of which are crime prevention, community policing (e.g., zero tolerance) and partnership. Their aim is to encourage the public sector, voluntary organizations and market actors to work more closely with the police in a local effort to create and maintain a safe living environment. This article looks at what kind of reception the new methods of governing public places have received in three Finnish cities (Helsinki, Lappeenranta, and Tampere) by reviewing their newly formulated security plans and programmes. The analysis of this document material makes use of the concept of moral regulation. The analysis focuses on the kind of local security problems that are identified in these security plans as targets of moral regulation; what kinds of techniques they propose for addressing and resolving these problems; and in what kind of crime prevention role they position the subjects of moral regulation (police officers and police partners) and the objects of moral regulation. The analysis shows that Helsinki aims to regulate the problems occurring in public places by emphasizing a neo­liberal ethos. Lappeenranta, on the other hand, walks a tight­rope in its security plan between communitarian and welfare state ambitions. Tampere, for its part, responds to the security threat in public places by adopting a neo­leftist stance (cf. the Third Way).     

论土地利用中的规制性征收

公共建设是现代行政结构下行政任务的基本构成。城市化背景下,公共建设任务的扩张以及行政任务的多元化,使行政主体难以独自达成庞杂的公共建设任务。规制性征收是通过城市规划将公共建设任务从行政主体转移至私的土地利用主体的法律机制。规制性征收的社会正义性基础在于引导土地利用迈向公平与正义。这种替代性的公共建设模式面临诸多法律问题,因而需要从多维的视角审视其制度合法性。     

Facial approximation: globe projection guideline falsified by exophthalmometry literature

The projection of the cornea from the bony orbit has been determined, in facial approximation, by centrally locating the eyeball in the orbit and positioning the cornea so that its most anterior point falls in line with a tangent dropped from the mid-superior to the mid-inferior orbital rim. However, there appears to be no scientific evidence to justify this guideline; yet, there have been numerous studies that measure globe projection in living subjects, from the lateral orbit using an exophthalmometer. The aim of this study was to determine if the traditional facial approximation guideline is consistent with the exophthalmometry literature. MRI research shows that corneal projection is underestimated using the traditional facial approximation guideline. An underestimation is also strongly supported by statistical comparisons of globe projection measures taken using more traditional instruments (e.g., Hertel's exophthalmometer) to skull morphology (p < 0.006). It is suggested that the traditional facial approximation guideline not be used in future facial approximations since it appears to under-predict anterior globe projection by 4 mm on average. It is also suggested that average exophthalmometer values be used until more accurate and precise ways of determining globe projection have been determined.     

A secret paradox of the common law

This essay recounts a fascinating if complicated piece of Anglo-American debate. My aim is to reach a conclusion about the importance of the notion of changing one's normative position as part of the act of “giving sufficient consideration” for a legal contract. In several journals and textbooks between 1894 and 1918 the major contract scholars of the time, e.g., Langdell, Anson, Pollock, Williston, Ames, and Corbin, discussed a special example which was thought to reveal a paradox in the common law of consideration. The problem had shown itself in the textbooks of Pollock in England and Langdell in the United States. The example is of two contracts made by three persons in which one contract with the third party repeats the content of an existing contract with the second party. It would appear that the party at the pivot experiences no new detriment in merely performing, or promising to perform, his pre-existing duty. If so, such oblique contracts with third parties must fail for want of consideration extended from the first party. About this difficulty the experts were anything but agreed. The cases were not consistent. At the root of this uncertainty is an ambivalence about the concept of consideration itself. Should it be conceived in terms of normative relations and changes of moral position or should it be conceived in valuative terms, as harms and benefits? The differences of opinion about the legal validity of oblique contracts is explained by this ambiguity, one which the common lawyer has not yet resolved.     

ESCALATION AND DESISTANCE OF WIFE ASSAULT IN MARRIAGE*

This article examines two widely held beliefs concerning the nature of “careers” of wife assault. Most researchers and members of the public believe that assaultive behavior in marriage, once begun, tends to continue for the life of the marriage. It is also commonly believed that minor violence (e.g., slapping, shoving, throwing things at a spouse) is unrelated to severe assaults (e.g., punching, kicking, using a weapon). These beliefs are based on the most severe cases of wife battering, as described by the media and by women in shelters. Despite these beliefs, we suggest that wife assault is similar to other forms of deviance and crime, in that desistance is common and engaging in minor forms of deviance is a risk factor for engaging in major forms of deviance and crime. The article reports a study using data on a sample of 380 married respondents who reported some violence in their marriage in 1985 and were reinterviewed in 1986. The findings indicate that most marital violence is transient, but even minor violence by a wife poses a risk of escalation to more dangerous assaults by a husband. Theoretical and practical implications of the findings are discussed.     

A survey of bacteria associated with various life stages of primary colonizers: Lucilia sericata and Phormia regina

Blow flies are common primary colonizers of carrion, play an important role in the transfer of microbes between environments, and serve as a vector for many human pathogens. While some investigation has begun regarding the bacteria associated with different life stages of blow flies, a well replicated study is currently not available for the majority of blow flies. This study investigated bacteria associated with successive life stages of blow fly species Lucilia sericata and Phormia regina. A total of 38 samples were collected from four true replicates of L. sericata and P. regina. Variable region four (V4) of 16S ribosomal DNA (16S rDNA) was amplified and sequenced on MiSeq FGx sequencing platform using universal 16S rDNA primers and dual-index sequencing strategy. Bacterial communities associated with different life stages of L. sericata and P. regina didn't differ significantly from each other. In both blow fly species, Bacilli (e.g., Lactococcus) and Gammaproteobacteria (e.g., Providencia) constituted >95% of all bacterial classes across all life stages. At the genus level, Vagococcus and Leuconostoc were present at relatively high abundances in L. sericata whereas Yersinia and Proteus were present at comparatively high abundances in P. regina. Overall, information on bacterial structures associated with various life stages of blow flies can help scientists in better understanding or management of vector-borne pathogen dispersal and in increasing the accuracy of microbial evidence based postmortem interval (PMI) prediction models.     

‘Criminal families’ and the court: co-offending in Amsterdam, 1897–1902

This article focuses on a specific aspect of the history of crime: co-offending (offending with one or more accomplices) in a family setting at the end of the nineteenth century. The aims of this article are to analyze how genders interacted in a criminal setting and to show a possible bias in the court's decision to prosecute ‘criminal families’, either in relation to the people involved or to the environment in which the crime was committed. This article also questions the relevance of the concept of the civilizing mission in a court setting towards ‘criminal families’ and compares it with the reality of the court's work. The study is based on the archives of Amsterdam's Arrondissementsgerecht between 1897 and 1902. This court was in charge of trying criminal offences committed in Amsterdam and its surrounding area (a semi-urban environment within a 25-kilometre radius) according to the 1886 Dutch code of laws. Urban and semi-urban co-offending criminal rates in Amsterdam and its surrounding area are compared, as well as gender patterns and class origins in relation to the crimes committed, in order to highlight a possible prejudice towards working-class offenders. The analysis reveals a high rate of co-offending in female criminality and more gender interactions in the urban environment. However, the results also show that, despite a general anxiety towards working-class families and rising crime rates, magistrates were not more inclined to prosecute them. The family situation was taken into account before trials, and semi-urban families were not treated more leniently than urban families.     

Predictive Efficacy and the Preventive Detention of Dangerous Sexual Offenders: Contributions from Nonlinear Dynamical Systems Theory

Behavioral scientists are regularly summoned by the legal system to make predictions about the likelihood of future dangerous behavior (i.e., violence prediction/risk assessment). In recent years, such efforts have been subjected to considerable scrutiny as, despite the evolution of risk assessment instruments, social scientists have yet to demonstrate the ability to predict violence with a reasonable degree of accuracy. Yet concerns with predictive efficacy may be rooted in the limitations of prediction itself. Nonlinear dynamical systems theory (i.e., chaos theory) and quantum physics jointly paint a picture of human behavior as fundamentally unpredictable; in their light, we are asked to question whether future violence can ever be predicted with a tolerable level of error. In this article, I provisionally explore this very issue, particularly as it appears in the context of decisions concerning the disposition of criminal sexual offenders.     

Confidence in the police among Korean people: An expressive model versus an instrumental model

The legitimacy of police authority has often been questioned due to a relatively low level of public confidence in the police in South Korea. Instrumental and expressive perspectives provide competing explanations of the determinants of public confidence in the police. Empirical studies comparing these competing perspectives are thus far limited to British and US studies. To fill this void, this study used a structural equation modeling approach to examine expressive and instrumental models of confidence in the police among South Koreans. Analyses of data from the Korean National Crime Victimization Survey revealed that both models were empirically supported. However, the expressive perspective (i.e., perceptions of local disorder, informal social control, and social cohesion) was more important than the instrumental perspective (i.e., worries about crime) in explaining confidence in the police among Koreans. The implications for research and policy are discussed based on the findings.     

论法学的科学性问题

法学的实践性实际上是与法学的科学性联系在一起的.在历史上,有学者(比如冯·基尔希曼)认为,法学作为"科学"从理论上说是无价值的,它并非"科学".应当看到,法学是一门以"问题-决定"为中心、以某个特定的在历史上形成的实在法秩序为基础、采取诠释-评价的论证方式来探求法律问题之答案(解决法律问题)的(实践)规范性诠释科学,它...     

Beware the razorwire: Psychology behind bars

Nearly 2 million people are incarcerated in federal, state and local correctional facilities in this country. Individuals with serious mental disorders increasingly fill these ranks. The roles psychologists and other mental health professionals adopt while working with this population can become an issue of silent consternation. As a point of departure, some (e.g., Levinson, 1985) have suggested that psychologists rightly function as institutional mediators of conflict, a virtual Marcus Welby of the collective correctional “psyche”. In practice, it is not uncommon for some clinicians to retreat from this approach and do little, or conversely, march in one hundred directions at once. The authors suggest that as psychology service delivery has matured in the past few decades this latter, well-intentioned but unrealistic position should be reconsidered. We suggest that greater depth and definition in the area of forensic psychology, coupled with recently developed ethical and professional standards of care, may serve to guide the clinician when providing services “behind bars”. Authors' Note: The views expressed in this article are solely those of the authors and may not reflect the opinions of the United States Department of Justice, Federal Bureau of Prisons, Texas Department of Criminal Justice, other state or local criminal justice agencies, or the University of Texas at Austin.