Governing crime and violence in Latin America

ABSTRACT

The last two decades turned Latin America into one of the most violent regions in the world. While previously, violence in the region has predominantly been associated with state repression and military dictatorships, the “new violence” that emerged since the mid-1990s is predominantly criminal. Related research has been mostly problem-driven, implying that the focus has been on how to improve security governance in the region. The multiple ways in which governance itself is both shaped by as well as contributing to the pervasiveness of this “new violence,” has remained uncharted. This article offers an analytical framework, inspired by the literature on governance, for assessing this issue. To this end, it highlights different modes and instances of governance with, by, and through crime (and violence) in the region. In doing so, the article offers a contextualization for this special issue as well as an overarching analytical framework for the individual contributions.     

Patriarchy in the Balkans: Temporal and cross-cultural approaches

The article deals with the history, distribution and ideology of Balkan patriarchy; the Balkan agnatic kinship system; and with the most significant patriarchal family structures. The demographic analyses are based primarily on the Serbian state census of 1863 (the first available census listing women) and the Federal Yugoslav census data for 1948, 1953, and 1961, coupled with archival and field data for the central Serbian village of Oras?ac for 1818–1975. Balkan patriarchy has much in common with similar well-documented systems in Asia and the Middle East. The Balkan situation was differentiated, however, in that this system existed both within and outside formal state structures. The patriarchal ideology shaped kinship and family patterns, as well as coresidential patterns within households. These patterns reproduced patriarchal structures, but the full reproduction of the system was constrained by economic circumstances.     

Revisiting Patriarchy: Its Conceptualization and Operationalization in Criminology

In recent decades, patriarchy has increasingly been posited as an explanation for gender differences in crime and victimization. While researchers frequently allude to the “patriarchal structure of society” or to “male domination” when discussing their theoretical perspective or findings, rarely do they articulate their conceptualization of the term. As a result, patriarchy has been used as an explanatory wild card that lacks specificity and is purported to both increase and decrease female crime and delinquency. In this paper we examine the conceptualization of patriarchy in criminological theory and research, discuss why the failure to clearly conceptualize this construct is problematic, and offer potential avenues for operationalizing patriarchy with the goal of facilitating future research on gender differences in crime.

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Patriarchy and changing family strategies: Class and gender in the Dominican Republic

This article explores the issue of ideologies of family formation and their influence on the concept of family strategies. It assesses the influence of patriarchal ideas using a historical case study of a rural village in the Dominican Republic as point of departure. The principal focus is the importance of patriarchal ideologies for class and gender relations. The article argues that the analysis of family strategies should take into account the context of class relations in the countryside and the influence of hegemonic ideologies on the gender relations within rural families. These factors led to specific strategies of rural families, but at the same time for diverging and often contradictory attitudes between individual family members.     

Patriarchy,Abortion, and the Criminal System: Policing Female Bodies

This paper argues for a broader consideration of the issue of abortion—one that stresses the centrality of the denial of reproductive rights in the patriarchal policing of women’s bodies and their sexuality. Globally, the estimates of abortion-related deaths in 2014 ranged from 22,500 to 44,000, and countless women are injured or left infertile by seeking illegal abortions. We briefly review international trends regarding abortion politics and then analyze closely women’s access to abortion in two countries: the United States and Bangladesh. Representing two very different contexts of the developed and the developing world, respectively, we contend that abortion services are being constrained by misogynistic politics that deny women control over their bodies. Finally, the paper reviews recent international efforts to establish abortion rights as part of a broader landscape of human rights. Notably, while there are some efforts in the global north to recriminalize both contraception and abortion, these practices have been characterized by a recent United Nation’s report as the deliberate denial of medically available and necessary services and hence a form of “torture.”     

中美治理邪教的法律与政策比较——兼论中国反邪教法律与政策的正当性

邪教是人类之公敌.依法治理邪教是全面依法治国的题中应有之义.中国已经建立起了包括宪法、刑法、行政法等在内的治理邪教的法律体系和综合治理机制.中国法律既规制宗教组织又规制宗教活动;美国法律主要规制宗教活动,不主张反邪教专门立法,确立了反邪教普通行为主义调整模式.美国注重综合运用其已有的相关立法条款,并以判例法的形式建立起了一整套管制宗教活动的规则体系.中国反邪教立法与政策既有深厚的现实基础,也有广泛的国际法基础,符合中国的国情,具有充分的合理性与正当性.     

Governing Cocaine Supply and Organized Crime from Latin America and the Caribbean: The Changing Security Logics in European Union External Policy

The logics of the European Union’s policy and practices against narcotic drugs in Latin America and the Caribbean (LAC) have undergone a substantial shift the past decade: from development to security. Based on an empirical mapping of the EU’s drug-related projects in LAC, this article argues that an ‘integrated and balanced’ approach to drugs policy is being replaced by a bifurcation between the broader domains of development policy and security policy. Questions are raised as to how the EU’s projects on development and security might counteract one another, and how the Union’s programme aimed at dismantling transnational organized crime along the cocaine trafficking routes to Europe might have unintended consequences. While keeping in mind the shifting tectonics of the international drug prohibition consensus, the article goes on to analyze the increasingly salient security rationale in EU external drugs policy against the backdrop of the EU’s emerging role as a global security actor. In doing so, it touches upon the intrinsic tensions between human rights and (supra) national security.     

Introduction: Governing Regulatory Interaction: the Normative Question

Abstract:  The demise of the Keynesian National Welfare State and its transformation into a more competitive and interactive unit of governance has given rise to an increased interest in the processes that are shaping the legal framework for markets. For several decades, one force has been taken to be tantamount to the law of nature governing the interaction between jurisdictions, namely, the force of regulatory competition. However, this model is open to severe criticism of its emphasis on efficiency. First, elected decision-makers may not be interested in efficiency gains regardless of where the resulting distributive consequences may fall. Second, we suggest the theory of regulatory competition has a federalist bias that potentially blinds it to institutional alternatives. The model also rests on unexamined normative premises. Research has shown that competition is only one mode of regulatory behaviour. Cooperation and information flows play important roles in shaping regulatory activity as well. We contend that a more satisfactory model of regulatory interaction needs to take into account a variety of agents, standards, and systems. In devising such an alternative model, a satisfactory theory would have to understand the multiplicity of relevant agents beyond the narrow confines of the traditional nation-centred federal model. Standards guarding regulatory interaction would—not dissimilar to competition law—have to state its own limitations.     

Volatile Sovereignty: Governing Crime through the Community in Khayelitsha

This paper asks what crime prevention looks like for residents in informal settlements in Khayelitsha, a black township on the outskirts of Cape Town. It engages with the idea of vigilantism and hybrid policing formations, analyzing the overlaps and intersections between legal community‐based crime prevention initiatives, and local ‘punitive practices’. The focus is not on the intensely violent spectacle of ‘mob justice’, where suspects are killed, but on the more ubiquitous, hybrid formations that also fall on the vigilantism continuum. These include coercive practices such as banishment, corporal punishment, retrieval of stolen goods by local policing formations and, trials conducted by street committees. The core argument I make is that, at times, particularly in poor areas where the state is absent and encourages citizens to take responsibility for their own crime prevention, the boundary between legality and coercive illegality collapses in on itself. Thus, the notion of voluntarism, that is so important to official discourse on crime, is particularly problematic when applied in poor communities with high rates of unemployment and high crime rates. As such, the state's encouraging of citizens to take responsibility for their own safety, alongside a punitive state discourse on crime and criminality, creates the space for illegal vigilante style actions to emerge in the shadow of legal crime prevention initiatives.     

Note: Is an Obligation Assumed by Two Different States in Two Different Treaties Binding Between Them?

Netherlands International Law Review -     

Governing Parenting: Is There a Case for a Policy Review and Statement of Parenting Rights and Responsibilities?

This paper addresses the governance of families in the context of a political philosophy that endorses a rights perspective in social policy and the need to promote transparent government. The status of parenting as a function of government has grown substantially under the present Labour administration and now commands cross-party support as a priority issue. However, it would be wrong to claim that there is a national consensus regarding the role of the state in supporting and regulating families in their upbringing of children. This paper assesses current parental rights and responsibilities in relation to financial support, and the physical and emotional care and control of children. Emerging themes and ambiguities are drawn out, and consideration is given to the need for a strategic policy statement embracing the broad ambit of government legislation, discussion documents, and commentaries. In conclusion, the case is made for a regular policy review and for a national debate as to whether there should an official statement of parents' rights and responsibilities.     

死刑案件上诉复核:"死刑非比寻常"——促进死刑制度的合法与公正

各国的死刑实践,实际上也就是各国司法在死刑制度中的作用,取决于该国历史以及政治格局。这个问题之所以备受关注,是人们充分认识到死刑无可挽回并且其刑不可测的自然结果;也就是说死刑非比寻常。中国最高人民法院院长在对人民代表大会所做的一份报告中也表达了类似情感:"人命关天。死刑核准权的行使绝对不能草率。"由于"死刑非比寻常",因此,死刑也突显出法律伦理的重要性。约束法官行为的众多伦理原则在死刑问题上显得龙为重要。     

论依法治国与党的执政方式的转变

经过多年的探索与努力,面对执政方式因体制不完善所造成的诸多问题,党逐步认识到法律的重要性以及依法建构执政体系的必要性。在实现执政方式转变的过程中,依法治国方略的提出不仅是执政方式转变的前提与基础,也是依法执政方式贯彻与落实的思想保障。同时,执政方式的转变不仅体现出党实现依法治国方略的决心与魄力,也体现着依法治国方略在我党执政方式上的具体要求与实行。而树立法律权威则是依法治国与党的执政方式转变的最高原则。