Up Against the Wall: Bare Life and Resistance in Australian Immigration Detention

This article is based on interviews with former Australian immigration detainees conducted by the author. The interviews explored the experience and understanding of resistance while in detention. The article calls into question Agamben’s twin conclusions that nothing short of a complete re-founding of ontology is required to liberate humanity from biopower and that this refoundation will spring from bare life. Contrary to Agamben’s depiction, the camp proves to be a place of determined and often successful defence of a relation of politics and life based not on the camp and biopower, but on solidarity and freedom. Detainees in Australian immigration detention, like prisoners in the Nazi concentration camps, refused to abandon their politics. Rather than seeking to transform bare life, they rejected it and made their own decision on life and politics.

Researching the use of force: the background to the international project

This article provides the background to an international project on use of force by the police that was carried out in seven countries. Force is often considered to be the defining characteristic of policing and much research has been conducted on the determinants, prevalence and control of the use of force, particularly in the United States. However, little work has looked at police officers’ own views on the use of force, in particular the way in which they justify it. Using a hypothetical encounter developed for this project, researchers in each country conducted focus groups with police officers in which they were encouraged to talk about the use of force. The results show interesting similarities and differences across countries and demonstrate the value of using this kind of research focus and methodology.

---

Institutionalized corruption: power overconcentration of the First-in-Command in China

Among various kinds of corruption in China, corruption of the First-in-Command (FIC) is most pernicious, threatening the legitimacy of the Chinese Communist Party and the stability of the state. This paper examines several specific institutional arrangements under China’s current political structure, including the people’s congress, the ruling party system, and the collective leadership team system, to see how they have contributed to power overconcentration in the hands of FICs. This is done in a two-round process: first through the collective leadership team and then by the gestating decision-making rule. The paper also assesses four institutional innovations designed to prevent FIC corruption.

---

Torn between two targets: German police officers talk about the use of force

Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany, the article presents the results of an empirical study on the individual and collective legitimization of the use of force by German police officers. There are numerous justifications for the use of force expressed by focus group participants in eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups, reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence, the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur, although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions, it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They have different influences on the individual legitimization of police actions, intertwined with the perception of the situation as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification for the use of force.

---

Philosophy of Law Against Sovereignty: New Excesses,Old Fragmentations

The only way of entering the world of ‘fragmented law’ (or ‘societal constitutionalism’) is arguably to make normative fragmentation correspond with constituent excess. As Foucault would say, once we are involved in an ‘epistemic crisis’, we must then modify those systems that organise knowledge in conjunction with the very forms that produce it. This contribution considers some privileged forms of critique and reconstruction beyond normative fragmentation and essentially argues in favour of governance dynamics, as well as for ontological devices engaged in the production of subjectivity.

Effects of Defendant Sexual Orientation on Jurors’ Perceptions of Child Sexual Assault

We examined mock jurors’ reactions to a sexual abuse case involving a male teacher and a 10-year-old child. Because gay men are sometimes stereotyped as child molesters, we portrayed defendant sexual orientation as either gay or straight and the victim as either a boy or girl. Jurors made more pro-prosecution decisions in cases involving a gay versus straight defendant, particularly when the victim was a boy. In boy-victim cases, jurors’ emotional feelings of moral outrage toward the defendant mediated these effects. On average, women jurors were more pro-prosecution than were men. Results have implications for understanding social perceptions of cross- and same-gender child sexual abuse and juror decision making in child sexual assault cases perpetrated by homosexual and heterosexual men.

The effect of informal industry contacts on the time university scientists allocate to collaborative research with industry

We ask whether informal interactions between university and industry scientists result in collaborative research. Using data from a national survey of tenured and tenure-track scientists and engineers in U.S. research extensive universities, we demonstrate that university scientists’ informal interactions with private sector companies increase both the likelihood and intensity of collaborative research with industry.

White-collar,organised and cyber crimes in the media: some contrasts and similarities

This article examines the media reportage of white-collar crimes, organised crimes and cybercrimes, principally in the British but also in the US media. It illustrates the ways in which different newspapers depict crime seriousness and how some defendants adapt to these portrayals. It examines competing explanatory models and suggests that although reportage has an ideological component, ‘news values’ and production pressures as well as ‘action triggers’ such as prosecutions or regulatory interventions are important.

---

Deterrence and Individual Differences Among Convicted Offenders

Conflicting evidence exists on how criminal propensity moderates deterrent effects, and there is little empirical evidence on this issue from relatively experienced offenders. This study tested how variation in criminal propensity (operationalized as “low self-control”) moderates deterrent effects in a sample of convicted offenders in New Jersey’s Intensive Supervision Program in 1989 and 1990. Offenders’ perceptions of the risks and consequences from violating ISP were associated with whether they successfully completed ISP. Moreover, lower self-control did not diminish, and if anything, enhanced these deterrent effects.

Post-Event Information Affects Children’s Autobiographical Memory After One Year

In two experiments, we examined whether post-event information (PEI) about true and false events persisted in children’s reports after approximately 1 year. In Experiment 1, 4- to 6-year-olds were given PEI and then were given memory tests 2 weeks and 15 months later. Although PEI appeared in free recall at the initial testing, it decreased substantially by the long-term test. In contrast, on recognition tasks the children showed facilitation and misinformation effects at initial and follow-up tests. Experiment 2 replicated lasting misinformation and facilitation effects in recognition memory among 4- to 9-year-olds who were tested after 1-week and 10-month delays. We conclude that true and false reminders about an experienced event continue to affect children’s memory approximately 1 year later.

Youth, Police Legitimacy and Informal Contact

This paper explores the under-researched topic of young people’s attitudes towards police in two studies using structural equation modelling. The first study examines the influence of police legitimacy on the willingness of young people to assist police. The second study examines the impact of informal contact with police during a community policing project on young people’s willingness to assist police. Findings show that young people who view police as legitimate are more willing to assist police. Participation in the community policing project had a significant and positive influence on young people’s willingness to assist police independent of young people’s attitudes about police legitimacy.

Deregulation,property rights,and legal system

During regulation the regulator carries out an intermediary role between shareholders and managers, consequently affecting property rights and the agency relation between the two. Deregulation implies that this intermediary role ceases to exist. This article analyses how government deregulation changes property rights, differentiating between firms of network and non-network structures. Changes in property rights affect the agency relation between shareholders and managers, increasing information asymmetry and agency costs. I argue that the way to reduce agency costs depend to a great extent on the country’s legal system classified as of common or civil law tradition.

Language, Culture, and Behavior in Prison: The Israeli Case

The current study describes the everyday life of Israeli prisoners and analyzes the actions they perform and the language they use as a reflection of their constraints, distresses, worldviews, beliefs, and attitudes. Data were subjected to a content analysis, and the salience of the values, norms and argot terms were assessed using two measures, attention and intensity. The inmates’ values and norms and the argot expressions were divided into categories with reference to different aspects of prison experience: prisoners’ adherence to the code, inmates’ interpersonal loyalty, sexual behavior in prison, drugs, violence and miscellaneous.

Building a clean government in Turkey: pillars,perils, and prospects

Corruption is a serious and enduring problem in Turkey. As such, a series of sustained and synchronized actions are needed to promote integrity, and to prevent and punish corrupt practices in public life. In most recent years, subsequent cabinets have promulgated a set of laws, regulations, and measures in the name of fighting against corruption. Yet, building a clean government remains as a daunting, if not insurmountable, task for policy makers and the public at large in Turkey. The current paper begins with a brief introduction, summarizing the need for new, more effective anti-corruption policies and practices in the country. Then, it succinctly describes and assesses the main ‘pillars’ of the ‘national integrity system.’ The paper moves on to identify and evaluate the chief ‘perils,’ challenges and risks associated with efforts aiming to contribute to integrity, transparency and accountability in Turkish society. Finally, the paper discusses the ‘prospects’ for building a clean government in Turkey in the near future. Among the issues brought to the present debate are: the need for a credible commitment by the ruling elites for establishing a well-functioning integrity regime; effective coordination and collaboration among a wide range of institutional actors; developing a set of coherent principles and policies; and creating capacity to prevent, prosecute, and punish corrupt behaviors. It is also argued that building a clean government in Turkey requires a strong and sustainable coalition among the clean, the competent, and the competitive.

---

Arson and the Special Part

This commentary on Michael Cahill’s Grading Arson argues that Cahill’s analysis inevitably leads to three possible conclusions. First, arson does not belong in criminal codes. Second, crimes of manner do not belong in criminal codes. And, third, the special part needs serious reconsideration. Although Cahill is reticent to draw any of these conclusions, this commentary urges Cahill to embrace all three.

Technology transfer by foreign firms and the utilization of competencies within Indian industry

This article evaluates whether the changing presence of foreign firms in India has had an impact on the performance of India’s industrial sector by impacting on the utilization of intangible capabilities within firms. Foreign firms bring in technological skills and capabilities and these are transferred by a spillover process to all of Indian industry. The results show a strong relationship between the growing presence of foreign firms in India and measures capturing the utilization of varieties of competencies in Indian industry. Thus, the notion that foreign firms’ capabilities can spillover to other sectors of industry finds support in the data.

Singing the same tune? International continuities and discontinuities in how police talk about using force

This article focuses on a research project conducted in six jurisdictions: England, The Netherlands, Germany, Australia, Venezuela, and Brazil. These societies are very different ethnically, socially, politically, economically, historically and have wildly different levels of crime. Their policing arrangements also differ significantly: how they are organised; how their officers are equipped and trained; what routine operating procedures they employ; whether they are armed; and much else besides. Most relevant for this research, they represent policing systems with wildly different levels of police shootings, Police in the two Latin American countries represented here have a justified reputation for the frequency with which they shoot people, whereas at the other extreme the police in England do not routinely carry firearms and rarely shoot anyone. To probe whether these differences are reflected in the way that officers talk about the use of force, police officers in these different jurisdictions were invited to discuss in focus groups a scenario in which police are thwarted in their attempt to arrest two youths (one of whom is a known local criminal) by the youths driving off with the police in pursuit, and concludes with the youths crashing their car and escaping in apparent possession of a gun, It might be expected that focus groups would prove starkly different, and indeed they were, but not in the way that might be expected. There was little difference in affirmation of normative and legal standards regarding the use of force. It was in how officers in different jurisdictions envisaged the circumstances in which the scenario took place that led Latin American officers to anticipate that they would shoot the suspects, whereas officers in the other jurisdictions had little expectation that they would open fire in the conditions as they imagined them to be.

---

Hegemony, Discipline and Control in the Administration of Police in Colonial India

The Indian subcontinent was under British colonial rule for over two centuries until 1947. To administer the large country and its diverse population, the British designed a criminal justice administrative system which played a key role in maintaining their dominance and hegemony. In particular, the police organization, largely composed of natives, furthered the goals of colonial dominance through its functions of order maintenance, crime control, and surveillance. This paper, using Gramsci’s conception of hegemony and Foucault’s study of disciplining and control, analyzes the important role that the police played in maintaining British rule in India.

Financing the Athenian state: public choice in the age of Demosthenes

The present essay analyses Athenian finances during the fourth century BC, the ‘Age of Demosthenes’, from both the revenue and expenditure points of view. It examines how Athenians practiced the concept of ‘economic democracy’ on matters of public choice, and the sometimes ingenious solutions they adopted for financing public goods such as defense, education and ‘social security’. Ancient Athens, the ‘prototype’ political democracy, was advanced also in matters of public administration, finance and institutions, on which political democracy was based and without their smooth running could not have functioned.