Youth violence in South Africa: the case for a restorative justice response

Crime presents a fundamental challenge in South Africa. Particularly disturbing is the prevalence of violence committed by and against young people. The main purpose of this article is to look at how South Africa should deal with the issue of youth violence. It argues that while structural violence constitutes a significant contextual cause of the phenomenon, a more proximate and specific cause lies in young people’s exposure to direct violence in their schools, homes and communities. In many cases, therefore, simply sending young people to prison – where they may experience even greater levels of violence – is not the answer. This article thus examines the potential merits of restorative justice as a response to the problem of youth violence, focusing particularly on the 2009 Child Justice Act. This research is based on fieldwork in South Africa and draws upon both the author’s qualitative interview data and a range of surveys with young people conducted by the Center for Justice and Crime Prevention in Cape Town.     

Teaching restorative justice: developing a restorative andragogy for face-to-face,online and hybrid course modalities

Teaching restorative justice in an academic setting is different from teaching almost any other academic course. Courses taught in the context of academic criminal justice programs tend to reinforce the structural inequalities in society, replicated and reinforced by instructor driven classroom experiences. In contrast, effective teaching of restorative justice should emulate the values of principles of restorative justice in the organization and management of the course. Teachers of restorative justice must ‘walk the talk’ and apply restorative principles and values to the design and delivery of the course itself. A conceptual framework for ‘restorative andragogy’ is developed that blends principles and values of adult learning with those of restorative justice. Four principles of this approach are identified and applied across three instructional modalities – face-to-face, online only, and hybrid courses. This approach provides a theoretically grounded model for effective teaching of restorative justice courses.     

Gotham unbound Dutch style

An inquiry committee of the Dutch parliament concluded that the capital Amsterdam – and especially the famous Red light district – is a centre of national and international organized crime. The city of Amsterdam set up a project to develop and implement an administrative approach to combat the organized crime problem: the Van Traa-project. This project is internationally recognized as a successful example of such an approach. Elaborating on an evaluation study this article critically analyses the policy theory and the effects of this project. This analysis shows that the assumptions that underlie the project are debatable, or proved hard to employ in practice. Despite the fact that in the policy plans the necessity of a multi-agency approach is stressed, external parties such as the police and the public prosecutors department take a rather passive stand, preventing the administrative approach of becoming a part of a truly integrative approach to organized crime. Furthermore, this article proves that it is hard to confirm this successfulness in a sound scientific manner. Many positive results can be observed, but it remains unclear to what extent these results have an impact on organized crime. Although some indications of a plausible impact of the measures taken in the Van Traa-project on organized crime were found, this article also refers to some indications of counterproductive effects.     

Cape Fear– Two Versions and Two Visions Separated by Thirty Years

This essay examines the changes between 1962 and 1991 that occurred in the context within which the two very different versions of Cape Fear appeared. These two versions of the story of a threatened lawyer are emblematic of an altered perspective on law. The essay highlights the tension between art's role as a reflector of society and its values and its role shaping social views. The inference, from the different portrayals of Sam Bowden, that there has been a systematic decline in the lawyer's status and public esteem is not, however, borne out in the cinematic field. The situation has become one of moral ambiguity with the lawyer playing a more ambivalent role in society.     

Picking up the pace – legal slowness and the authority of the judiciary in the acceleration society (a Dutch case study)

This paper inquires into the nature of the crisis haunting the judiciary in our contemporary society. Drawing upon the work of Hartmut Rosa, it is stated that our society is an acceleration society and that this puts the judiciary under great pressure. The resulting crisis is twofold since it is both of an organizational and fundamental nature. The focus of this paper is on the – in our view – underexposed latter crisis because of its effect on the very core of the judiciary, namely the legitimacy and authority. The judiciary is confronted with the demand to speed up, whereas the nature of the legal system seems to reject an accelerated tempo and even needs a certain degree of slowness to communicate its accuracy. It is not just the process of acceleration that erodes or at least changes the authority of the judiciary but it concerns a complex interplay of expectations induced by acceleration, both externally by justice seeking citizens and internally by the judiciary’s own management and politics, and how these expectations are met, or not. This is illustrated by a case study on the position of the Dutch judiciary, but holds true for other national and international adjudication as well.     

Agile programming – Introduction and current legal challenges

Within the realms of software development, customers must specify the requirements of their new software before the start of the project. Today, this leads to considerable delays with respect to the start of the project. In addition, the integration of new requirements into a system already developed in parts is becoming increasingly time-consuming and cost-intensive. Yet the specifically necessitated functions of a software are often only revealed through the process of development. By means of agile programming, changes in the requirements of a software product can be handled flexibly in shorter development cycles. In the following, the framework of agile software development projects as it applies under German law is described and current legal problems of such projects – in particular, the issue of contract type and the new building contract law – are considered. The unplanned project design appears contrary to the legal approach. The article shows, however, that agile software products development provides customers with dynamic and quickly scalable products and that customers can leave the project after individual project steps. The new development of building contract law, which focuses on subunits and approvals, is also very much in line with the above-mentioned programming.     

Trafficking? Exploring the relevance of the notion of human trafficking to describe the lived experience of sex workers in Cape Town,South Africa

This article reports on the findings of a study of the sex work industry in Cape Town that was undertaken by the Institute for Security Studies (ISS) and the Sex Worker Education and Advocacy Taskforce (SWEAT) between 2006 and 2008. The study employed qualitative and quantitative methods to gather data about inter alia, the size of the sex work industry in Cape Town, working conditions in the industry, recruitment practices, factors that resulted in women working in the industry, and the extent of human trafficking in the industry. This article reports on the methods used and the findings. It concludes by arguing that the concept of trafficking is not useful as it does not reflect the lived experience of the majority of sex workers, and does not take the state or society any closer to dealing with exploitation and abuse that occurs in the industry.     

Images of welfare in law and society: the British welfare state in comparative perspective

Designed by Beveridge and built by Attlee's post-war Labour government, the welfare state was created during the 1940s. Britain has been seen – in domestic debates and internationally – as a world first: the place where both the idea and the practice of the welfare state were invented. I draw together comparative welfare state analysis with law and society scholarship (previously largely developed in isolation from one another) – as well as using British political cartoons as a source – to develop a revisionist historical critique of this conventional wisdom. First, the British welfare state has always been comparatively parsimonious. Second, the idea of the welfare state seems to have its origins outside the United Kingdom and this terminology was adopted relatively late and with some ambivalence in public debate and scholarly analysis. Third, a large body of socio-legal scholarship shows that robust ‘welfare rights’ were never embedded in the British ‘welfare state’.     

Democracy and emergency: finding the constitutional foundation of the knowledgeable state in social dynamics

This article aims to bring to light the law–society dynamic relationship in constitutional governance by engaging with the question of political constitutionalism from the perspective of institutional epistemology. It first reframes the debate surrounding legal and political constitutionalism as one concerning the state's ‘epistemic competence’ in governance shaped by the constitution, and then traces how constitutional ordering has given rise to the ‘knowledgeable state’ by setting a unique social dynamic in motion: the ‘epistemico-political constitution’. Using the example of the World Health Organization's initial response to the COVID-19 pandemic, a the article presents a two-part argument. First, constitutional ordering institutes a process of knowledge production embedded in the interaction between the state and society – a unique law–society dynamic – that responds to governance needs. Second, given the current law–society dynamic in the suprastate political landscape, the legitimacy challenge facing expertise-steered global governance is further intensified as more crisis responses are expected from outside the state.     

Horizons of long-distance intimacies

This article employs the renewed anthropology of kinship to revisit historical approaches to the study of social relations taking place in transnational social fields. Based on multi-sited qualitative anthropological fieldwork with a strong historical perspective centred on biographical interviews and social network analysis, the author examines a particular Cape Verdean household that comprises four generations and extends its contacts between several Cape Verdean islands, Portugal, São Tomé/Príncipe as well as the United States. The contextualization of the individual life courses of its members and their changing relatedness in the course of time brings to surface a complex design of factors that contribute to the sense of belonging or detachment in this Creole transnational island society. These are different levels of mobility, the challenges and limits of diverse levels of technical connectivity between several localities, the dynamics between approved relatedness and family-based migration regimes as well as the normative aspects resulting in a gendered perspective on the demands of reciprocity. The author introduces the notion of a “contributive family model” in order to capture the individual choice of keeping in touch and the meaning of social practices, which transform ideas of relatedness into reconfirmed transnational solidarities.     

From ugly duckling to Swan. The rise of data protection and its limits

This article considers the development of data protection laws from a position on the periphery of legal consciousness to the situation where it is the subject of intensive legal and media publicity. Focusing on the recent controversies surrounding the use of Facebook apps for political purposes, the article will consider the role and limitations of data and privacy protection laws. The question will be posed – if not answered – whether national or regional laws can be effective in what increasingly is a global information society.     

Horizons of long-distance intimacies: Reciprocity, contribution and disjuncture in Cape Verde

This article employs the renewed anthropology of kinship to revisit historical approaches to the study of social relations taking place in transnational social fields. Based on multi-sited qualitative anthropological fieldwork with a strong historical perspective centred on biographical interviews and social network analysis, the author examines a particular Cape Verdean household that comprises four generations and extends its contacts between several Cape Verdean islands, Portugal, São Tomé/Príncipe as well as the United States. The contextualization of the individual life courses of its members and their changing relatedness in the course of time brings to surface a complex design of factors that contribute to the sense of belonging or detachment in this Creole transnational island society. These are different levels of mobility, the challenges and limits of diverse levels of technical connectivity between several localities, the dynamics between approved relatedness and family-based migration regimes as well as the normative aspects resulting in a gendered perspective on the demands of reciprocity. The author introduces the notion of a “contributive family model” in order to capture the individual choice of keeping in touch and the meaning of social practices, which transform ideas of relatedness into reconfirmed transnational solidarities.     

Criminal Justice and Diversionary Programmes in Singapore

The politics of crime and punishment generally pushes Governments to adopt harsher measures to fight crime, yet there is a movement in Singapore toward a softer approach in some areas. Singapore has a robust – many would say tough – criminal justice system, for some aspects of which it has and will continue to receive international criticism. Less known is the fact that it has recently invested in more holistic and compassionate strategies, through criminal diversion programs and community sentencing. This article explains this shift in the context of significant social and political changes taking place in Singapore, heralding a more liberal society and open Government. The paper also engages with some of the theoretical and philosophical arguments in favor of criminal diversion and provides a brief overview of the recent diversionary programs in Singapore.     

人类基因组计划带来的伦理与法律问题

人类基因组计划是人类科学史上的一个里程碑。但是对于这一科学研究的迅速发展,人类社会还没有在心理上、伦理思考、法律建设上做好充分的准备,因而会受到巨大的冲击。因此,法律应该充分表现出自己的前瞻性,提前介入这一争端,对基因技术的使用加以规范和引导,使之按照符合人类伦理、道德的方向发展,避免出现一些危及整个人类的尊严、情感乃至生存的后果。     

Postmodern Jurisprudence: Contesting Genres

It has become a common place of contemporary legal theory, particularly postmodernist legal theory, to reject modernist jurisprudence’s assumption of law’s disciplinary autonomy. Within this enthusiasm for interdisciplinary approaches to law, what is less common is detailed analysis of precisely how interdisciplinarity is figured, rhetorically and epistemologically, in the discourse of contemporary legal theory. It is with a view to detailed analysis of this kind that this paper emerges. Its aim is to explore in detail how interdisciplinarity might be figured, and with what consequences, in the jurisprudence of postmodernity. The particular site of this exploration will be Costas Douzinas and Ronnie Warrington with Shaun McVeigh’s Postmodern Jurisprudence: the Law of Text in the Texts of law. Published in 1991, this text remains widely influential – it has become a contemporary classic in its genre. It is not the intention of this paper, however, to represent this text as exemplary. Rather, this paper intends to read this text in its particularity, to focus on its particular vision of postmodern jurisprudence. Specifically, this paper argues that Postmodern Jurisprudence figures interdisciplinarity in terms of genre; and that this understanding of interdisciplinarity is problematised by the unacknowledged contradictions between the different conceptions of genre – one associated with Jacques Derrida and the other associated with Jean-François Lyotard – which the text invokes. This paper argues that the project of postmodern jurisprudence – as title and as label – appears rather differently if it is imagined, on the one hand (following Derrida) according to the logic of the passe-partout and, on the other hand (following Lyotard), according to the logic of the differend. The paper concludes that this internal tension should at least give us pause for thought when approaching the complex phenomenon of interdisciplinarity in postmodern legal scholarship more generally.     

Civilising the police: reconceptualising the role of the state in theories of American policing

The three eras in American policing – political, reform, and community – has become the default theoretical framework within the study of criminal justice, explicitly and implicitly shaping the discourse of police studies. Despite historically informed criticisms of this three-era model, no alternative theory has been proffered as a way of critically thinking about the police. This paper draws on Norbert Elias’ civilising thesis and the role of the state as an alternative theoretical framework to explain the evolution of American policing. We argue that changes in policing are more cogently explained by assuming a long-term view of change and that the intrusion and the retreat of the state from society better captures the evolution of the police through time.     

Reflections on the sociology of law: A rejection of law as ‘socially marginal’

Rejecting the concept of law as subservient to social pathology, the principle aim of this article is to locate law as a critical matter of social structure – and power – which requires to be considered as a central element in the construction of society and social institutions. As such, this article contends that wider jurisprudential notions such as legal procedure and procedural justice, and juridical power and discretion are cogent, robust normative social concerns (as much as they are legal concerns) that positively require consideration and representation in the empirical study of sociological phenomena. Reflecting upon scholarship and research evidence on legal procedure and decision-making, the article attempts to elucidate the inter-relationship between power, ‘the social’, and the operation of law. It concludes that law is not ‘socially marginal’ but socially, totally central.     

Teaching method: A basis for discussion

Skilled professionals such as lawyers are imperative for any society. Their training is even more critical, as it shapes their eventual role in transforming society. They play an important role since the law influences literally all aspects of our lives. My thesis here is that the “market” for lawyers in sub-Saharan Africa is dictated by the stage of societal development. Thus their training must be focused on the present and projected needs of the particular society. So, what role do academics play in realising this long-term goal? Academics must wear many hats as thinkers and scholars, teachers and mentors. They must influence philosophical paradigms of teaching for local relevance. They must deconstruct the “market” to decipher its meaning – are they training professionals for local service or for emigration? Thus, examining the place of the university academic in the training process, this paper investigates the situation, and makes policy-level remedial proposals.     

The best beloved of all things

The Baha’i Faith presents a concept of justice closely linked to its core belief in the oneness and interconnectedness of all humanity. Baha’is are urged to think about all people as members of one human family. In the same way that the cells of a body work together to keep the body healthy and functioning, our responsibility is to work together to establish a just society. Oppression and violence against any one part causes damage to the whole. Justice, therefore, requires striving to safeguard the right of all to develop their capacities and contributions toward the advancement of civilization. The role of education is vital to this process. Through reflection on my personal history – from fleeing religious persecution in the land of my birth to becoming a social psychologist researching discrimination – I explore Baha’i perspectives on justice, unity, and the concept of collective trusteeship, with a particular emphasis on education.     

论和谐社会视野下行政管理与社会自我管理的关系

构建社会主义和谐社会是一项复杂的系统工程,其中一个重要的方面就是处理好行政管理与社会自我管理的关系,打造社会管理新格局。随着社会治理模式的转变,行政管理与社会自我管理关系也日益凸显。但是目前我们在很大程度上还沿用着过去以行政管理为主导的社会管理体制,这实际上同经济社会发展是不相适应的,如何寻求二者之间的良性互动对于构建和谐社会具有重要的现实意义。那么政府在处理二者之间的关系上应该具有何种应然理念,选择何种模式是重要的主导因素。