A Question of Guilt

Abstract. This article inquires into the social function of guilt, especially collective guilt, and the implications thereof for collective violence and collective memory. The focus is on the relationship between collective violence and collective memory in countries that have experienced cultural trauma, defined as a dramatic loss of identity and meaning, a tear in the social fabric. Analyzing the dynamics—the mechanisms and processes—of remembering and forgetting such trauma, I argue that the idea of collective guilt is essential for making sense of collective violence and collective memory. Specifically, I show that collective violence requires collective action; that collective action produces collective guilt; that collective violence generates perceptions—and misperceptions—of collective guilt; and that collective memory is formed, deformed, and transformed by perceptions—and misperceptions—of collective guilt. The article uses illustrative data from a variety of cases to illuminate these dynamics. It concludes by explaining why understanding these dynamics is imperative for responding to historic injustice in the twenty‐first century.

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Historical Injuries,Temporality and the Law: Articulations of a Violent Past in Two Transitional Scenarios

This paper deals with the connections between historical injury and temporality in two transitional scenarios, and explores how the National Unity and Reconciliation Act of 1995 (South Africa) and the Justice and Peace Law of 2005 (Colombia) ‘articulate’ particular conceptions of ‘violence’ as well as conceive the prospect of an imagined new future. I argue that in trying to grasp the multiple dimensions of violence through different mechanisms, collective languages instituted by State-sponsored laws that seek ‘national reconciliation’ fail (in countries defined by historical, chronic dispossession) to render intelligible—at the very moment of their enunciation into a legal language—the structural dimensions of violence that are at the root of conflict itself. In this regard, the text concentrates on the ways in which difference and inequality—despite the promise of the newness reiterated by Transitional Justice paradigms—are woven together into a longue durée that lies beyond the theoretical contours and the technical mandates defined by and inherent to these laws.     

The relationship between injustice and crime: A general strain theory approach

Purpose

Connect General Strain Theory (GST) and the organizational justice literature by examining how different types and combinations of major forms of injustice (distributive, procedural, and interactional), and resultant anger, may increase the likelihood that individuals respond to strain with crime.

Method

Logit and OLS regressions are used to analyze survey data obtained from a vignette that was randomly assigned to a sample of undergraduates. The vignette presented a distributive injustice and manipulated the additional presence of procedural and interactional injustice. Respondents rated their likelihood of intending to engage in a violent act and a non-violent deviant act.

Results

As expected, multiple types of injustice foster the intention of responding to injustice with crime. In addition to a distributive injustice, the presence of procedural injustice predicts violence, while interactional injustice predicts excessive drinking. Moreover, anger mediates the injustice-crime relationship, although this effect is more substantial for the association between procedural injustice and violence.

Conclusions

The relationship between injustice and crime is complex. Different forms of injustice can affect the propensity for crime through anger. Further research is encouraged to identify the criminogenic potential of certain types of combinations of injustice on the experience of negative emotions and crime.     

Policing Schools: Examining the Impact of Place Management Activities on School Violence

The present study examines whether the presence of school resource officers (SROs) and their level of involvement in place management activities are associated with higher or lower rates of school-based serious violence. This study uses data from the 2010 School Survey on Crime and Safety (SSOCS) conducted by National Center for Educational Statistics. Propensity score matching is used to create a quasi-experimental design and isolate the influence of SROs and their level of involvement in place management activities on school-based serious violence. The analysis reveals that schools with a school resource officer are associated with higher rates of reported serious violence and those schools with SROs that participate in more place manager duties are also associated with higher rates of reported serious violence. These findings do not support the notion that SROs are acting as effective place managers and through this place management, reducing reported serious violence. Rather, it appears that the presences of a SRO and their execution of place manager duties is associated with an increase in the reporting of serious violence. Policy implications and limitations of the current research are also discussed.     

Self-Help, Policing, and Procedural Justice: Ghanaian Vigilantism and the Rule of Law

Public recourse to vigilante self-help has often been attributed to a lack of effective state intervention; less attention has been given to the character of this intervention. Using the Tylerian procedural justice perspective, I argue in this article that perceived procedural injustice contributes to increased public support for violent self-help mechanisms such as vigilante violence. The current study tests this theoretical argument using survey data of 374 residents of Accra, Ghana. The results show that age, education, and police trustworthiness were the most significant predictors of support for vigilante self-help. The impacts of procedural fairness were found to be embraced within police trustworthiness, but perceptions of police effectiveness and experience of police corruption were not statistically significant predictors of vigilante support.     

Social information processing, subtypes of violence, and a progressive construction of culpability and punishment in juvenile justice

Consistent with core principles of liberal theories of punishment (including humane treatment of offenders, respecting offender rights, parsimony, penal proportionality, and rehabilitation), progressive frameworks have sought to expand doctrines of mitigation and excuse in order to reduce culpability and punishment. With respect to juvenile justice, scholars have proposed that doctrinal mitigation be broadened, and that adolescents, due to aspects of developmental immaturity (such as decision-making capacity), be punished less severely than adults who commit the same crimes. One model of adolescent antisocial behavior that may be useful to a progressive theory of punishment in juvenile justice distinguishes between instrumental violence, by which the actor behaves thoughtfully and calmly to achieve personal gain, and reactive violence, which is characterized as impulsive, emotional retaliation toward a perceived threat or injustice. In particular, social cognitive differences between instrumental and reactive violence have implications for responsibility, length and structure of incarceration, rehabilitation, and other issues that are central to a progressive theory of juvenile culpability and punishment.     

Public hospitals in China: privatisation, the demise of universal health care and the rise of patient-doctor violence

Ensuring the safety of staff and patients has become a major problem for hospitals in China. This article examines whether one of the reasons for this violence may be the emerging injustice and inequality that have manifested in the Chinese health care system as a result of privatisation reforms since the early 1980s. It considers approaches to these issues that may assist the Chinese Government, and other nations contemplating similar policy changes, to create efficient but equity-based health care systems that minimise collateral trauma to patients and their families.     

The application of stress theory to the study of family violence: Principles,problems, and prospects

This paper investigates the nature of the relationship between social stress and family violence. Specifically, a model of the stress process is presented, the applicability of the concept of stress to the occurrence of family violence is discussed, important research issues relating to the nature of the relationship between these two variables are raised, and predictions are offered regarding the likely impact of social stress upon the incidence of violence in the American family in the future.     

Robert Alexy and the Dual Nature of Law

Robert Alexy's claim that law of necessity has a dual nature raises many interesting philosophical questions. In this article, I consider some of these questions, such as what the meaning of the correctness thesis is, whether Alexy's discourse theory supports this thesis, and whether the thesis is defensible; whether Alexy's argument from anarchy and civil war supports the claim that law of necessity has a real dimension; and what the implications are of the use of moral arguments, such as the argument from injustice, for the status of Alexy's inquiry.     

Historicizing the Lived Experience of Violence: Bryen's Violence in Roman Egypt

Bryen, Ari Z. 2013 . Violence in Roman Egypt: A Study in Legal Interpretation . Philadelphia, PA: University of Pennsylvania Press. Pp. 376. $75.00 cloth; $75.00 eBook. Ari Byren's Violence in Roman Egypt: A Study in Legal Interpretation (2013) effectively inserts itself into two complementary fields of inquiry and discussion within the field of classical studies. First, it offers a detailed treatment of the social history of small communities in Roman Egypt, providing an important contribution to the study of violence in antiquity—a topic that has gained interest in recent years. Second, it is an extended meditation on the place of violence within a society and law's role in defining and eliminating it.     

Multiple stressors,violence in the family of origin,and marital aggression: A longitudinal investigation

The negative perception of stress is significantly associated with marital aggression, as is violence in one's family of origin. However, most individuals experiencing stress do not engage in family violence. The present study tests an aspect of social learning theory, proposing that violence in one's family of origin predisposes one to react to stress by aggressing against one's spouse. Two hundred and seventy five couples completed questionnaires measuring multiple (work and life) stress, and marital aggression 6 and 18 months following their wedding. Information on violence in their family of origin was collected 1 month prior to their wedding. Moderated multiple regressions showed that for women, stress predicted marital aggression 1 year later after controlling for age, education, and initial marital aggression. No effects emerged for violence in the family of origin for either men or women. Conceptual implications for further studying the role of violence in the family of origin and the relationship between multiple Stressors and physical aggression are advanced.     

Neighborhood Characteristics, Peer Networks, and Adolescent Violence

Although ecological researchers consistently find high rates of crime and violence within socioeconomically disadvantaged neighborhoods, there is little consensus as to why this pattern exists. To address this question, we use data from the National Longitudinal Study of Adolescent Health (n=12,747) to examine three related research questions. Are neighborhood characteristics associated with adolescent violence net of compositional and selection effects? Are neighborhood characteristics associated with adolescents’ exposure to violent and prosocial peers? Does peer exposure mediate the neighborhood characteristics–violence association? Results indicate that across a wide range of neighborhoods, socioeconomic disadvantage is positively related to adolescent violence net of compositional and selection effects. Additionally, neighborhood disadvantage is associated with exposure to violent peers, and peer exposure mediates part of the neighborhood disadvantage–violence association. Joining structural and cultural explanations for violence, our findings suggest that neighborhood disadvantage influences adolescent violence indirectly by increasing opportunities for youth to become involved in violent peer networks.     

Pornography, Pragmatism, and Proscription

The Criminal Justice and Immigration Act 2008 criminalizes the possession of extreme pornography, namely, images of bestiality, necrophilia, and life-threatening or serious violence, and is the immediate context for this article which seeks to present a pragmatic liberal humanist critique of pornography regulation. Such a critique, derived in particular from the writings of Nussbaum and Rorty, presents an alternative case for regulation, eschewing the visceral competing fundamentalisms which characterized the 'porn wars' of the 1980s and 1990s. Whilst moral and epistemological philosophers squabble with radical feminists and radical libertarians, extreme pornography can nurture real injustice and ruin real lives. A pragmatic liberal humanism demands a pragmatic response to extreme pornography. The first part of this article will revisit the longer history of the 'porn wars'; the second describes the parameters of a pragmatic liberal humanist critique; the third examines the shorter history of pornography regulation written into the provisions now enacted in the 2008 Act.     

Drug trafficking, corruption, and violence in Mexico: mapping the linkages

Drug trafficking, drug-related violence and drug-related corruption have come to dominate Mexican politics in the late 2000s. Most consider corruption central to both the illicit trade and to the government’s war on it. But such relationships have yet to be fully examined and raise a number of questions. This paper explores the links among these variables. The opening section grapples with the theoretical puzzle. It lays out the different types of drug-related corruption and violence and explores in detail the three binary relationships with particular attention to plomo o plata and the possible inverse connection between corruption and violence. Noting that corruption was once associated with relatively peaceful drug trafficking under the PRI but today is tied to violence, the second section addresses the historical puzzle and asks how the complex relationship among these variables has changed in recent years. The final section explores the various dynamic linkages between drug-trafficking violence and corruption. The theoretical discussion is supplemented by examples from Mexico during the current period.     

Green Criminology and the Reconceptualization of School Violence: Comparing Green School Violence and Traditional Forms of School Violence for School Children

School crime and violence continue to be important topics of criminological inquiry. Forms of violence that have received much attention from criminologists include school gun violence, assaults, and bullying. What appears missing from criminological studies are analyses of different forms of violent victimization imposed on school children related to environmental injustice, pollution, and exposure to toxins. In this article, we argue for the interpretation of these harms as violent victimizations. To facilitate this, we draw upon definitions of violent victimization developed in green criminology, conceptualizing exposure to environmental toxins as violent assault, and introduce the term green school violence (GSV). Next, we draw upon the medical, environmental, and public health literature to offer a series of examples of GSV in the United States, discuss numerous environmental hazards present in American schools, and describe their scope and severity. A conservative estimate of the frequency of GSV suggests that far more school children are victimized by GSV than forms of interpersonal acts of violence.     

Necroethics of Terrorism

This essay is an attempt to begin to think through the complex interlacing of Levinasian ethics, violence, terror and war. The question driving this essay is: in the midst of the harrowing debris of body parts that followed the synchronised explosions of bombs in a number of London train carriages and a bus, what can possibly remain of the ethical? This question will be examined in the context of what remains unspeakable in the face of such acts of violence. Framed by the authorising rubric of declarations of law—as ‘that which speaks in the language of legislation and promises certainty in the anxious aftermath of the loss of certainty’, and the attendant concerns with the question of the ‘enemy’ (as clandestine operative of terror and as object of fantasies)—this essay seeks to examine the ‘unspeakable remainder’ of declarations of law, as that which unsettles (legislated) promises of certainty in the anxious aftermath of a terrorist explosion and its ongoing trauma. In the course of this essay, I proceed to think through the contentious relation between violence and ethics in the context of a Levinasian framework, arguing for a Levinas that challenges and unsettles pietistic views of his ethical philosophy. In deploying the neologism necroethics, I attempt to examine anachronic and necrological violence and its relation to the ethical injunction to own responsibility for the dead.     

Justice Sensitivity and Cooperation Dynamics in Repeated Public Good Games

It is frequently observed that despite individual incentives to free ride, humans decide to cooperate with each other to increase social payoffs. In the current research, we address the effects of individual differences in justice sensitivity on cooperation. Using incentivized repeated public good games, we find that individual differences in justice sensitivity—the ease of perceiving, remembering, and reacting to injustice from the perspectives of an observer, beneficiary, or perpetrator, but not victim—substantially predicts cooperation in the absence of a punishment option. In contrast, when costly punishment is allowed for, cooperation becomes strategic as it also aims at avoiding subsequent punishment. If such a sanctioning mechanism is in place, justice sensitivity no longer predicts cooperation. The results regarding the degree of cooperation as reaction to initial non-cooperation of one’s counterparts highlight the role of justice-concerning personality traits for the sufficient provision of public goods, as sanctioning institutions are not always possible, effective, or suitable.     

Cognitive Skills,Adolescent Violence,and the Moderating Role of Neighborhood Disadvantage

Numerous studies uncover a link between cognitive skills and adolescent violence. Overlooked is whether the relationship changes at varying levels of neighborhood disadvantage. We examine the issue by contrasting two models that place individual difference in cognitive skill within a social‐structural framework. Using five waves of the 1997 National Longitudinal Survey of Youth and a three‐level hierarchical model, results indicate that cognitive skill is inversely associated with violence and that the relationship is strongest in non‐disadvantaged neighborhoods. However, the cognitive skills–violence relationship is indistinguishable from zero in the most disadvantaged neighborhoods. The findings are therefore consistent with the hypothesis that social expression of developed ability is muted in disadvantaged contexts.     

NEIGHBORHOOD HOUSING INVESTMENTS AND VIOLENT CRIME IN SEATTLE, 1981–2007*

Despite significant advances in the study of neighborhoods and crime, criminologists have paid surprisingly less attention to the extralocal forces that shape violence. To address this issue, we draw on an emerging body of work that stresses the role of home mortgage lending—a resource secured via interaction with external actors—in reducing neighborhood violence and extend it by addressing concerns that the lending–violence relationship is spurious and confounded by simultaneity. We explore the longitudinal relationship between residential mortgage lending and violence in Seattle with a pooled time series of 118 census tracts over 27 years, and we instrument our endogenous predictors (home mortgage lending and violent crime) with changes in their levels from prior periods. Employing Arellano–Bond difference models, we assess both the effect of mortgage lending on violent crime as well as the effect of violent crime levels on mortgage activity. We find that infusions of home mortgage lending yield reductions in subsequent violent crime; yet the impact of violent crime on subsequent lending is not significant. Results underscore the importance of incorporating external forces such as home mortgage lending into explanations of neighborhood violence.     

Significant Predictors of Soccer Players’ Moral Functioning from Components of Contextual Injustice, Sensitivity to Injustice and Moral Atmosphere

This study analysed the effects of contextual injustice on the moral functioning of soccer players with two goals: (1) to identify the factors of contextual injustice, moral atmosphere and sensitivity to injustice that significantly predict moral functioning and (2) to test the hypothesis that sensitivity to injustice has an effect only in unjust contexts. Three hundred players (from 16 to 40 years old) participated in the study. The analyses indicated a negative and significant effect of contextual injustice on moral functioning. Sensitivity to injustice was, like moral atmosphere, one of the best predictors of moral functioning. Moreover, sensitivity to injustice was a significant predictor of moral functioning in both just and unjust contexts.