It’s More Than the Code: Exploring the Factors that Moderate the Street Code’s Relationship with Violence

The paper explores the conditions under which the code of the street is more likely to lead to violence. Utilizing a sample of 400 homeless youths the paper examines how anger, self-centeredness, nerve, parental warmth, physical abuse, homelessness, negative attitudes toward the police, violent peers, and violent victimization moderate the relationship between the street code and violence. Findings suggest that the street code has a stronger relationship with violence under conditions where individuals have higher levels of anger, self-centeredness and nerve, less experience of parental warmth, more experience with physical abuse, longer periods of homelessness and more negative orientations toward the police. The street code, anger, self-centeredness, nerve, physical abuse, homelessness, negative attitudes toward the police, violent peers, and violent victimization also have significant lower order relationships with violence. Avenues for future research are discussed.     

Looking for the Nature of Law: On Shapiro’s Challenge

This article critically focuses on the methodological aspects of Scott Shapiro??s book Legality. Indeed Shapiro??s book sets out several original theses about not only the nature of law and the main problems of jurisprudence, but also about how the nature of law can be discovered by jurisprudence. In this sense, the method of inquiry adopted by Shapiro can be considered as one of the most challenging outcomes of his research. The article is divided into two parts. In the first two sections I shall analyze Shapiro??s jurisprudential approach by focusing on its resort to metaphysical vocabulary, conceptual analysis, constructive reasoning, and institutional explanation of law. In the following sections I will consider some of the problems that this approach gives rise to, and outline an alternative view on the nature of law stimulated by the discussion of Shapiro??s work.     

“It’s Going to Make the Whole Tower Crooked”: Victimization Trajectories in IPV

Interest in the mechanisms by which childhood maltreatment can lead to adult intimate partner victimization (IPV) is growing, though limited research has examined these mechanisms from the direct perspective of the victims. Using qualitative methods to examine childhood histories in a sample of 23 IPV survivors, we identified two trajectories, childhood emotional trauma and childhood physical trauma, which lead to revictimization in adulthood in the form of IPV. The emotional trauma trajectory was associated with a desire for intimacy and deficits in navigating interpersonal relationships. Problematic interpersonal schemas and a fear of loneliness swayed many of these women to stay with an abusive partner. The physical trauma trajectory was associated with desensitization and normalization of violence. Problematic interpersonal schemas, and the belief that the experience of violence is normal, promoted tolerance of IPV. Implications for research and intervention are discussed.     

It’s a Man’s World,Try to Convince the Men Otherwise: The Role of Women in Irish Policing

Police organizations are historically and predominantly male organizations; as such, the purpose of this study is to examine the role of women in Irish policing. The literature review will analyze gender-specific organizational literature, focused on the United States. Theoretical components include biological determination and social constructivism in the policing context. The study is conducted through qualitative interviews and thematic analysis of 10 current and former Gardaí in Ireland. This study empirically contributes to how the organization views gender and how those differences are institutionalized in that Gardaí are treated differently based on their gender.     

On the State’s Exclusive Right to Punish

Law and Philosophy - In a characteristically iconoclastic essay, “Does the State Have a Monopoly to Punish Crime?”, Douglas Husak argues that the state’s moral right to punish...     

Videotaped Interrogations and Confessions: What’s Obvious in Hindsight May Not Be in Foresight

As expressed in the White Paper, the time has indeed come to make transparency of custodial interrogations the rule, rather than the exception. Widespread implementation of the recommendation to video record interrogations in their entirety and with a camera perspective that permits a clear view of both the suspect and interrogator(s) will achieve this goal admirably. The White Paper authors also imply that such video recordings will likely make it easier for later fact finders to detect and reject false confessions. For the sake of the innocent, all hope that this will be the case; however, anecdotal evidence and, more important, relevant psychological science suggest that it would be prudent to temper expectations in this regard.     

It’s a man’s world: barriers to gender transformation in the South African judiciary. Perspectives from women advocates and attorneys

The judiciary in South Africa has made great strides in creating a diverse bench. However challenges continue as regards the appointment of women, some of which are attributable to the nature of the legal profession. Currently, there are 86 women judges in the Superior Courts nationally out of a total of 243. Judges are drawn from the professions of advocates, attorneys, magistracy and academia. Women in these areas of law are confronted with issues that have a bearing on any aspirations of future accession to the judicial bench. The aim of this article is to analyse two specific challenges faced by women advocates and attorneys that were identified over the course of the last three years through legal sector meetings. These are the unequal distribution of work and discriminatory perceptions of women’s abilities. I argue that the two factors are directly related to the inadequate representation of women on the bench. My argument will be informed by, amongst others, dialogues from the legal sector meetings, observations of the judicial appointments process and desktop research. I conclude that failing to engage with the identified obstacles will negate any efforts to further increase the number of women judges.     

Renaming States—A Case Study: Changing the Name of the Hungarian State in 2011. Its Background,Reasons, and Aftermath

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - A provision of the Hungarian constitution, adopted in 2011, has renamed the state. The name...     

Smoking Guns: European Cigarette Smuggling in the 1990’s

This article concerns European cigarette smuggling over the past decade and examines the actors, structures and relationships which facilitated the illicit trade. It discusses the central role played by actors not traditionally associated with organised crime, such as multi-national tobacco companies, Swiss banks and the state security agencies of various Balkan states. It demonstrates how domestic legislation in Switzerland and instability in the Balkans prevented national law enforcement agencies from effectively dealing with this international network at an earlier stage. The article also focuses on the history of local and national law enforcement investigations as well as the integrated multi-national investigation project later initiated by the EU and member states. The article's conclusions suggest that while smuggling actors have successfully adapted to the process of globalisation – financial and state deregulation – law enforcement agencies remain at a disadvantage as they are hampered by the domestic legislation in nation states such as Switzerland and the United States. While cigarette smuggling was and is a major illicit industry, it has not been the subject of much academic scrutiny. This article, based on field research in the Balkans and EU member states aims to contribute to a broader understanding of a problem involving a multiplicity of criminal actors, states and law enforcement agencies.     

China’s stolen children: internal child trafficking in the People’s Republic of China

Trafficking in children has attracted worldwide attention in the last two decades primarily due to its links with global migratory movements and the role ‘transnational organised crime’ is perceived to play in these. Internal trafficking is largely ignored primarily because of a preoccupation with cross-border, transnational migratory movements. Arguably, the growth of the relevant literature has given rise to certain widespread perceptions about the uniformity in the trade characteristics and actors under the common rubric of ‘trafficking in human beings’. By capitalising on direct linguistic access to a wide range of Chinese open sources, the purpose of the article is to offer an account of the various dimensions of the issue as they present themselves in the particular Chinese context. Our main concern has been to perform a systematic presentation of this material in light of the extant wider literature. In the Chinese case the combination of socioeconomic, political and cultural factors set a complex picture that highlights the shortcomings of dominant ways of thinking about the phenomenon. This complex picture serves usefully to cast doubts with regard to how the criminal activity itself is being conceptualised as well as to perceptions of victimisation embodied in current discourses on human trafficking.     

“It Happens All the Time”: Women’s Experiences and Normalization of Sexual Harassment in Public Space

This study explored the prevalence of sexual harassment, consequences of harassment, and reasons for not reporting these experiences through a survey among Swedish female university students (N?=?1941). One fourth reported one or more incidents of sexual harassment during the 12 months period prior to the survey. Victims were more often younger and with Swedish-born parents compared with nonvictims. Victimization most frequently occurred at clubs or restaurants and the most frequently reported consequences were anger and worry about being victimized again. Few reported the incidents to the police making this, in part, an invisible problem.     

‘It’s deemed unmanly’: men’s experiences of intimate partner violence (IPV)

This study investigated male victims’ experiences of female-perpetrated intimate partner violence (IPV). Seven participants were interviewed and the data were analysed using Interpretative phenomenological analysis (IPA). Four essential themes were revealed. (1) Participants identified themselves as victims of abuse (experiencing physical and multiple forms of abuse). (2) They felt they were victims of controlling abuse (through the use of children and isolation). (3) Respondents experienced manipulation through gendered stereotypes of abuse. (4) They felt it was different because they were men. The participants within this study were often deeply affected by the abuse they had experienced. Previous research has found male abusers use societal structures and norms to enable their abuse. The participants in this study felt that their female abusers were equally adept doing this, although the mechanisms were different. Further research should look at the processes by which abusers of either gender control and abuse their victims.     

‘It’s an invisible wound’: the disenfranchised grief of post-separation mothers who lose care time

This paper enriches understandings of the implications of contemporary custody law for mothers and their children. It does so through a discussion of mothers’ grief and emotional pain over involuntarily losing care time with children. Mothers involuntarily lose care time by becoming non-resident parents against their will or by having a shared care parenting order imposed on them. Both experiences of losing maternal care time are becoming more commonplace as a result of the gender neutrality of custody laws across the Anglo-West and the increased emphasis given to shared care parenting as a viable post-separation parenting arrangement. Yet investigations into the emotions engendered by mothers’ loss of care time are sparse. Exploratory qualitative research with twelve mothers who involuntarily lost care time reveals the intensity and durability of their grief, its entanglement with emotions like fear, and its significance, as a relational welfare approach emphasises, to children’s best interests.     

“It’s the politics, stupid!”. The politicization of anti-corruption in Italy

This article aims to analyze the relationship between judicial activism against political corruption and electoral accountability. The judiciary plays a pivotal role in enforcing anti-corruption legislation, and, in many countries, courts have moved closer and closer towards that kind of working. In the article, we analyze the conditions under which a judicial prosecution of corrupt practices can also lead to electoral punishment of political misconducts by voters, or to a failure of accountability mechanisms. The latter outcome is more likely to occur if judicial activism is politicized. The ‘politicization’ of anti-corruption initiatives is here defined as an increase in the polarization of opinions, interests, or values about judicial investigations and the extent to which this polarization is strategically advanced towards the political debate by parties, political leaders, and media. By crystallizing a new dimension of political conflict, political actors can negatively affect electoral accountability, diminishing the risk of electoral punishment. We study this phenomenon by analyzing the case of Italy, a country which has experienced high levels of politicization of anti-corruption. However, whether and to what extent anti-corruption policies can be politicized is a question open for many other countries that can take a similar path.     

On ‘Organized Crime’ in the illicit antiquities trade: moving beyond the definitional debate

The extent to which ‘organized crime’ is involved in illicit antiquities trafficking is unknown and frequently debated. This paper explores the significance and scale of the illicit antiquities trade as a unique transnational criminal phenomenon that is often said to be perpetrated by and exhibit traits of so-called ‘organized crime.’ The definitional debate behind the term ‘organized crime’ is considered as a potential problem impeding our understanding of its existence or extent in illicit antiquities trafficking, and a basic progression-based model is then suggested as a new tool to move beyond the definitional debate for future research that may help to elucidate the actors, processes and criminal dynamics taking place within the illicit antiquities trade from source to market. The paper concludes that researchers should focus not on the question of whether organized criminals- particularly in a traditionally conceived, mafia-type stereotypical sense- are involved in the illicit antiquities trade, but instead on the structure and progression of antiquities trafficking itself that embody both organized and criminal dynamics.     

Fabre’s Crusade for Justice: Why We Should Not Join

Cosmopolitan War is characterized by a tension between moral demandingness and moral permissiveness. On the one hand, Fabre is strongly committed to the value of each and all human beings as precious individuals whose value does not depend on their national or other affiliation. This commitment leads to serious constraints on what may be done to others in both individual and national self-defense. Yet the book is also unambiguously permissive. It opens the gate to far more wars than traditional just war theory would ever permit, in particular to what Fabre has dubbed ‘subsistence wars’, and it rejects the most fundamental constraint imposed by traditional jus in bello, namely, the prohibition against the deliberate killing of civilians. While both the demanding and the permissive aspects of the book seem troublesome to me, the latter seem more so and most of my paper is devoted to a critical examination of them. In the last part of the paper, I point to a different outlook to the one defended in the book and try to show that this outlook is less foreign to Fabre’s outlook than one might expect.     

Desperately Seeking ‘Justice’ in Classical Chinese: On the Meanings of Yi

This essay sets out to search for an equivalent Chinese word to the English word ‘justice’ in classical Chinese language, through ancient Chinese philosophical texts, imperial codes and idioms. The study found that there does not seem to be a linguistic sign for ‘justice’ in classical Chinese, and further, yi resembles ‘justice’ in some ways and has been used sometimes to translate  ‘justice’, but yi is a complex concept in traditional Chinese philosophy with multiple meanings and it is dissimilar to ‘justice’ in their semantic and pragmatic meanings in Chinese and English legal culture. While ‘justice’ is a keyword and fundamental to Western law, yi is not a legal word or concept in classical Chinese in traditional China. Given its complexity, yi does not have a one-to-one equivalent in English. It sometimes carries a sense of ‘righteousness’ and occasionally ‘justice’, but yi and ‘justice’ are not equivalent. In view of these, it becomes understandable that the translations of yi in contemporary Chinese usage vary ranging from ‘friendship and justice’ to ‘greater good’, among others. The meaning of yi is still uncertain and context sensitive as it was two thousand years ago.

     

On the Buddha’s Cognition of Other Minds in the Bahirarthaparīkṣā of the Tattvasaṅgraha

This paper aims at examining the arguments between ?ubhagupta (c.720–780) and ?āntarak?ita (c.725–788) over the Buddha’s cognition of other minds and shows how the question of the Buddha’s cognition of other mindsis incorporated into the proof of vijñaptimātratā or “consciousness-only” by ?āntarak?ita. According to ?āntarak?ita, ?ubhagupta assumes that the Buddha’s cognition, which is characterized as “the cognition [of the Blessed One] which follows the path of cognition” (aupalambhikadar?ana), grasps other minds when the Buddha’s cognition is similar (sārūpya) to other minds. For ?āntarak?ita, the Buddha’s cognition cannot be aupalambhika. If the Buddha’s cognition were similar to the other minds, it would follow that the Buddha, whose cognition erroneously grasps other minds as something distinct from it, has not yet removed the hindrance constituted by objects of knowledge (jñeyāvara?a). But if it is accepted that the Buddha’s cognition is beyond the grasped-grasper duality, can the Buddha, who does not know other minds, be called sarvajña “omniscient”? According to ?āntarak?ita, even though the Buddha has no seeing (adar?ana), the Buddha causes all sentient beings to gain benefits by virtue of seeing other minds and hence deserves to be called sarvajña. What underlies this argument is that the Buddha knows other minds without making a distinction between his own mind and other minds, which is possible only on the basis of self-cognition (ātmasa?vedana).