The Molotov Milkshake: Corporate Social Responsibility and the Market

This article investigates links between the final scene—the milkshake scene—of P. T. Anderson’s film, ‘There Will Be Blood’, and a commercial advertisement for the sale of oil, which relies on a milkshake drinking analogy. The comparison probes a tension between the aspiration for capitalist economic growth and the self-regulation of corporate social responsibility (CSR). Business figures committed to the practice of CSR struggle with the possibility that deeper, systemic forms of violence inherent in market competition supersede their attempts at installing more responsible cycles of economic exchange. A risk remains, all the while, that social and environmental concern of the kind expressed in CSR is only able to acquire ‘value’ in the market, a relational or ‘dialectical’ system of exchange, where it meets contrasting cycles or events in the market: the value of alternatives (e.g. ‘going green’) is predicated on pre-existing products or earlier cycles of marketisation. The article discusses difficulties that CSR creates in terms of making interventions and raising conflict with corporate actors, and a tendency for the system to leave inert, exposed or abandoned, those that try. The capacity of CSR to eradicate the more vicious shadow of capitalist markets is challenged in the article. There is no release, the author argues, in a concept that is so essentially dependent on market mechanisms and on competitively motivated (ex)change.     

Finding cover: Legal trauma and how to take care of it

As law originates in violence, it is always haunted by its constitutive trauma. Recourse to law's origin, which is implicitly or explicitly sought in (constitutional) adjudication, thus requires a way to deal with law's trauma. What is needed is a cover, to be provided through (legal) interpretation. Four such interpretive ‘cover up’ operations, all necessarily somewhat duplicitous, are discussed. The first three represent main currents in legal theory. First, the standard legal view, which denies the trauma but relies on traditional authority to cover it. Second, a ‘neurotic’ solution, in which trauma is also denied but nevertheless cover is produced through collective interpretation. In the third, ‘perverse’ solution, trauma is admitted, and even enjoyed; on the other hand, it is denied that cover can be produced by any interpretive authority. The fourth option provides an alternative: recognition of law's trauma, covering it through the collectively shared practice of interpretation. It is shown that an example of such a collective effort can be found in the Dutch practice of gedogen, the deliberate under-enforcement of law, which is capable of creating an ‘informal rule of law’ that deals with intractable social problems more successfully than attempts formally to enforce applicable law. This revised version was published online in November 2006 with corrections to the Cover Date.     

On Justice

This paper returns to the question of how to think of justice through Teubner’s recent definition of what he calls juridical justice. Juridical justice is defined as distinct from political, moral, social and theological conceptions of justice. Teubner attempts to think of an imaginary space for a juridical justice ‘beyond the sites of natural and positive law’ and searches for a conception of justice as the ‘law’s self-subversive principle’. This article reviews Teubner’s conception of juridical justice and further proposes a distinction between juridical and non-juridical understandings of justice.     

The Echo of a Sentimental Jurisprudence

This article revisits what the poet Samuel Taylor Coleridge termed the ‘rage of metaphysics’, the grand intellectual engagement that defined the late eighteenth and early nineteenth century Enlightenment. It does so in order to retrieve an alternative jurisprudence, one that described itself as much in terms of sentiment as of sense. It is suggested that one of the most striking expressions of this jurisprudence can be found in Adam Smith's Theory of Moral Sentiments. This attempt to retrieve a sentimental jurisprudence chimes with a wider intellectual movement, headed by the likes of Richard Rorty and Martha Nussbaum, which seeks to reinvest a ‘new’ humanism in both domestic and trans-national legal and political order. It speaks more particularly to recent debates surrounding the nature of human and civil rights, and enjoys an added resonance in the context of recent attempts to fashion a jurisprudence of ‘reconciliation’ in South Africa and elsewhere. This revised version was published online in July 2006 with corrections to the Cover Date.     

From Interactional Justice to Citizenship Behaviors: Role Enlargement or Role Discretion?

An organizational field study examined the mechanisms through which supervisors’ interactional justice influences employees’ individual-directed organizational citizenship behaviors (OCBs). Although, previous research supports the relationship between interactional fairness and OCBs, the mechanisms of operation remain unclear. Separate frameworks, based on role enlargement and role discretion exist, with no prior attempts to compare them. In this study, I examine two competitive models, (a) a role enlargement model, using employees’ role definitions as a mediator and (b) a role discretion model, using employees’ role definitions as a moderator. The results, based on data collected from 141 employee-manager dyads in a work organization, confirm that role definitions moderate the relationships between interactional justice and OCBs. The findings are discussed to derive theoretical and practical implications and directions for future research.     

Law,Genre and the Voice of the Friend

The article attempts to think friendship in its relation to law and justice and provides some arguments for the importance of this concept in Derrida’s ethical, legal and political philosophy. It draws on early texts such as Of grammatology and reads them in conjunction with later texts such as The animal that therefore I am. The relation of friendship to law and justice is explored by means of Derrida’s notion of “degenerescence” understood as the necessity or law of indeterminateness that cuts across, both limiting and de-limiting, all laws, types and generic partitions, for instance, juridical (natural and positive right), humanistic (human and animal), anthropological (sexual difference), philosophical (physis and nomos). Drawing on Derrida’s readings of “sexual difference” in Heidegger and the latter’s evocation of “the voice of the friend” in Being and time, the article addresses the theme of Geschlecht and articulates the exigency to think sexual difference beyond duality together with the exigency to rethink law and right otherwise than on the ground of nativity and “natural fact” and in terms of what Derrida calls “a friendship prior to friendships” at the origin of all law and socius.     

The Expressionless: Law, Ethics, and the Imagery of Suffering

The essay discusses law’s inability to address the phenomenon of human suffering and, at the same time, investigates a possible theoretical kinship between Walter Benjamin’s notion of ‘the expressionless’ and Emmanuel Levinas’s understanding of suffering as the foundation of an interhuman ethics. The kinship between Levinas and Benjamin is examined with reference to suffering in the visual arts and, more specifically, in Matthias Grünewald’s Isenheim Altarpiece and Francis Bacon’s crucifixion triptychs. The essay argues that in the crucifixion scenes of both Grünewald’s medieval altarpiece and Bacon’s triptychs, suffering is what constitutes ‘the expressionless’. After every detail of the image, every element of attribute, motif, composition and colour have been accurately depicted, a residue still remains, an ethical truth that cannot be appropriated into a meaningful unity but that nevertheless calls for a response. While law must always give suffering a utilitarian value in its attempts to assign responsibility for the injury occurred, the essay argues that the fragmentariness in all true art that Benjamin calls ‘the expressionless’ is akin to Levinas’s understanding of the constitutional uselessness of suffering, its essence as ‘for nothing’.

A General<Emphasis Type="Italic"> Theories</Emphasis> of Hate Crime? Strain,Doing Difference and Self Control

This article attempts to put forward a more holistic vision of hate crime causation by exploring the intersections which exist between three separate criminological theories. Within the extant literature both Robert Merton’s strain theory and Barbara Perry’s structured action theory of ‘doing difference’ have been widely used to explain why prejudice motivated crimes continue to pervade most communities. Together the theories help to illuminate the sociological factors which act to create immense fear of, and hatred towards, various minority identity groups. However, neither of these theories adequately explain why some individuals commit hate crimes while others, equally affected by socio-economic strains and social constructions of ‘difference’, do not. This article therefore moves beyond such macro explanations of hate crime by drawing upon Gottfredson and Hirschi’s A General Theory of Crime (1990). Using typology research carried out by various academics, the article attempts to illustrate how socio-economic strains and general fears of ‘difference’ become mutually reinforcing determinants, promulgating a culture of prejudice against certain ‘others', which in turn ultimately triggers the hate motivated behaviours of individuals with low self control.     

Friedman economic policies,social exclusion,and crime: toward a gendered left realist subcultural theory

Left realists contend that people lacking legitimate means of solving the problem of relative deprivation may come into contact with other frustrated disenfranchised people and form subcultures, which in turn, encourage criminal behaviors. Absent from this theory is an attempt to address how, today, subcultural development in North America and elsewhere is heavily shaped simultaneously by the recent destructive consequences of right-wing Friedman or Chicago School economic policies and marginalized men’s attempts to live up to the principles of hegemonic masculinity. The purpose of this paper, then, is to offer a new left realist theory that emphasizes the contribution of these two key determinants.     

Is Psychological Abuse Reciprocal in Intimate Relationships? Data from a National Sample of American Adults

A national sample of adults in the United States reported on presence, frequency, emotional impact, and behavioral impact of psychologically abusive behaviors in their “worst” cohabiting relationship by their partner as well as by themselves. In addition, they completed instrumentation measuring potential outcomes from much psychological maltreatment. Results from the online survey indicated that psychological abuse of an egregious nature was highly reciprocal, although overall, respondents reported that they engaged in psychological abuse less frequently than their partners and believed that their partners experienced much less negative impact from the respondents’ actions. Specific categories of psychological abuse as well as specific behaviors were also highly likely to be reciprocated. Combinations of high and low psychological abuse exhibited by the respondent and his/her partner resulted in negative outcomes whenever the partner was high in psychological abuse whether or not the respondent used these egregious tactics.     

Is there such thing as ‘global sex trafficking’? A patchwork tale on useful (mis)understandings

This article intends to respond to a recent call (e.g., Zhang Global Crime 10(3):178–195, 2009; Brunovskis and Surtees International Migration 48(4):1–38, 2010) for more innovative studies and methodologies in order to move beyond the current discourse on human trafficking. We do so by describing three ethnographic fragments on the dynamics of (dealing with) sex trafficking within Europe. The concepts of ‘friction’ and ‘collaboration’ (Tsing Cultural Anthropology 15(3):327–360, 2000, 2005) are used to analyse these fragments. These concepts refer to creative processes that occur as people interact across differences. They give insight into how universal ideas on freedom and justice enable collaboration between parties involved in fighting human trafficking who do not necessarily share a common goal. We conclude that the presented method of ‘patchwork ethnography’ is useful in studying sex trafficking as it implies a strong focus on connections between ‘sites of diverse knowledge’, without losing sight of individual stories of people making those connections. ‘Patchwork ethnography’ is innovative and it allows researchers to expose and untangle the workings of the supposedly all-powerful phenomenon and the encompassing, uniform, hegemonic discourse surrounding human (sex) trafficking.     

Self-Reported Communication Variables and Dating Violence: Using Gottman’s Marital Communication Conceptualization

Communication behaviors, while extensively studied within the marital field, have received only peripheral attention in violent dating relationships. The purpose of this research was to better establish empirical continuity between the marital and dating literatures by exploring communication variables that have been identified in marital relationships broadly and their self-reported manifestation in violent dating relationships. Using Gottman’s (1999) marital communication conceptualization, individuals were assessed on adaptive and maladaptive communication variables and relationship aggression. Results suggested that negative communication behaviors were associated with, and predicted, aggression in participants’ dating relationships, consistent with findings from the marital literature. However, repair attempts, generally considered an adaptive communication behavior, predicted aggression victimization. Implications and how these data fit within the context of recent research on positive marital communication behaviors are explored.     

Derrida,Semiotics and Justice

In this essay, one of Derrida’s early texts, Plato’s pharmacy, is analysed in detail, more specifically in relation to its reflections on writing and its relation to law. This analysis takes place with reference to a number of Derrida’s other texts, in particular those on Freud. It is especially Freud’s texts on dream interpretation and on the dream-work which are of assistance in understanding the background to Derrida’s analysis of writing in Plato’s pharmacy. The essay shows the close relation between Derrida’s analysis of Plato’s texts and Freud’s study of the dream-work. The forces at work in dreams, it appears, are at play in all texts, which in turn explains Derrida’s contentions in relation to the pharmakon as providing the condition of possibility of Plato’s texts. The essay furthermore points to the continuity between this ‘early’ text of Derrida and his ‘later’, seemingly more politico-legal texts of the 1990s. A close reading of Plato’s pharmacy, with its investigation via ‘writing’ of the foundations of metaphysics, and thus also of the Western concept of law, is obligatory should one wish to comprehend how Derrida attempts to exceed the restricted economy of metaphysics through his analysis of concepts such as justice and hospitality.     

Safety in Intimate Partnerships: The Role of Appraisals and Threat

For most intimate partners, safety is an important goal and basic need. How a partner perceives safety has an impact on what happens in the relationship, and this will in turn affect the responses from the other partner. Lack of safety can provoke negative emotions and actions which can lead to relationship deterioration and violence. However, little is known about this process from the insider’s perspective. In this study, constructivist grounded theory methods were used to analyze interviews from individuals (n = 37) to better understand individual appraisals of relational safety. The results include a theory that illustrates the process of relational safety and threat. This model articulates how certain relational conditions precede a perception of safety or threat, which then leads to corresponding actions. Implications of the model include a focus on interaction and context when assessing for safety and abuse, as well as the importance of self regulation.     

A Retributive Argument Against Punishment

This paper proposes a retributive argument against punishment, where punishment is understood as going beyond condemnation or censure, and requiring hard treatment. The argument sets out to show that punishment cannot be justified. The argument does not target any particular attempts to justify punishment, retributive or otherwise. Clearly, however, if it succeeds, all such attempts fail. No argument for punishment is immune from the argument against punishment proposed here. The argument does not purport to be an argument only against retributive justifications of punishment, and so leave open the possibility of a sound non-retributive justification of punishment. Punishment cannot be justified, the paper argues, because it cannot be demonstrated that any punishment, no matter how minimal, is not a disproportionate retributive response to criminal wrongdoing. If we are to hold onto proportionality—that is, proportionality as setting a limit to morally permissible punishment—then punishment is morally impermissible. The argument is a retributive argument against punishment insofar as a just retributive response to wrongdoing must be proportionate to the wrongdoing. The argument, that is, is concerned with proportionality as a retributive requirement. The argument against punishment is set out on the basis of a familiar version of the ‘anchoring problem’, according to which it is the problem of determining the most severe punishment to anchor or ground the punishment scale. To meet the possible criticism that we have chosen a version of the anchoring problem particularly favourable to our argument, various alternative statements of the anchoring problem are considered. Considering such statements also provides a more rounded view of the anchoring problem. One such alternative holds that the punishment scale must be anchored not just in the most severe punishment, but in the least severe punishment as well. Other alternatives hold that it is necessary and sufficient to anchor the punishment scale in any two punishments, neither of which needs to be the most or least severe punishment. A further suggestion is that one anchoring point anywhere along the punishment scale is sufficient, because it is possible to ‘project’ from such a point, so as to determine the correlative punishments for all other crimes, and so derive a complete punishment scale. Finally, the suggestion is considered that one can approach the issue of a punishment scale ‘holistically’, denying any distinction between anchoring and derived (or ‘projected’) punishments.     

Does Controlling Behavior Predict Physical Aggression and Violence to Partners?

Using data obtained from women’s shelter residents, male and female students, and male prisoners, this study investigated the association between non-violent controlling behaviors, physical aggression, and violence towards a spouse (N = 264). It was predicted that only men and women involved in intimate terrorism (Johnson, Violence Against Women, 11(12):1003–1018, 2006) would use controlling aggression, and that physical aggression used by those involved in situational couple violence would be unrelated to controlling behavior. Contrary to predictions derived from Johnson’s theory, regression analysis showed that control accounted significant proportions of the variance in the use of physical aggression for all three relationship categories. Some support was provided, however, as it was found that the pattern of both interrelationships of the five types of controlling behaviors, and control and physical aggression, supported Johnson’s distinction.     

Rethinking Power and Law: Foucault’s <Emphasis Type="Italic">Society must be Defended</Emphasis>

Michel Foucault provides a radical challenge to the liberal approach to power and law, which is echoed by Jacques Derrida. Important differences exist between the analyses of Foucault and Derrida which should not be overlooked. This essay proceeds on the basis of an awareness of these differences, yet it at the same time attempts to bring these thinkers closer together, with reference specifically to the thinking of Freud. It is often said that Foucault does not offer an alternative to that which he criticises or that his analyses do not provide for a way in which to escape from the effects of power. By specifically focusing on Foucault’s reliance on the notion of ‘play’ in Society must be defended, it is submitted that an ‘escape’ is in fact provided for. The deconstructive reading of Foucault which is presented here attempts to ensure that Foucault does not remain trapped within metaphysics.