Towards a global critical justice problematic

This paper argues that a global perspective is demanded by neo-Marxist methodological considerations, pointing out that traditional comparative criminology has been seriously flawed in its assumptions and preconceptions. A critical comparative criminology must be based on a world system and/or dependency model, coupled with human rights concerns. The crucial concerns of critical criminology are re-identified within a problematic of the concepts: “reproduction”, “production”, “the state”, and “transformation”. Their relevance to a comparative criminology is underscored, by way of critiquing north/western (including Canadian) critical criminology. The paper ends by drawing out some of the implications of this approach for justice theory and research in Canada.     

The Neglect of Quantitative Research in Green Criminology and Its Consequences

While interest in green criminology has rapidly expanded over the past twenty-five years, much of this growth has occurred on the periphery of orthodox criminology. This article suggests that green criminology’s marginalization is partially a result of its non-quantitative methodology. We hypothesize that non-quantitative tendencies within green criminology distance it from orthodox criminology because orthodox criminology values quantitative methods (Tewksbury et al. in J Crim Justice Educ 16(2):265–279, 2005). Here, we examine how neglecting quantitative research methods may contribute to inattention to green criminology within orthodox criminology, and we consider what can be done to change that situation. We suggest that employing quantitative approaches within green criminology is one way to increase its appeal to mainstream criminology, and that quantitative studies, in conjunction with other research methodologies, can also enhance generalizability of findings, influence policy, and advance theory construction and hypothesis testing.     

Hans Gross and the beginning of criminology on a scientific basis

Modern criminology--if one wants to consider it a separate scientific discipline at all--is usually perceived as being mainly influenced by the methods of natural sciences supplemented by components from the field of psychology, which, at least in some of its conceptions, tends to define itself as a natural science, too. If we take a look at the history of science, we will see development of criminology in this direction was not necessarily inevitable. The scientific work of the Austrian Hans Gross (1847-1915), one of the founding fathers of scientific criminology, serves as an example of the way how natural sciences and their exact methods became established in the methodological apparatus of modern criminology, although in praxi his claim for the application of exact methods was all too often replaced by irrational and intuitive ways of working. Still, Hans Gross' fundamental decision for the exact methods derived from the natural sciences is an important step towards a criminology that can be understood as a part of natural sciences, largely superseding the methods of cultural sciences and anthropological philosophy. This approach made the (criminal) human being an object of measurement and can result in the concept of man as a mere phenomenon of quantity. This is, on the one hand, ethically questionable; on the other hand, it made modern criminology more efficient and successful.     

This is a man’s world ... or least that’s how it looks in the journals

Mainstream criminology still tends to focus on gender as a control variable, ignoring the different pathways to crime followed by males and females. This leaves us with knowledge that we already have—males commit more criminal and delinquent acts than do females, but little information about the similarities and differences between men and women who commit crimes. On the other hand, feminist approaches tend to do one of two things: deal with girls and women only or deal with women and men separately to illuminate the differences. In this paper, we examine articles in three major journals, Criminology, Justice Quarterly, and Journal of Research in Crime and Delinquency, to explore the ways that gender is treated in mainstream criminology journals. Then, we will discuss the implications this has for feminist criminology.     

Development of a black criminology and the role of the black criminologist

In its study of black criminality, the discipline of criminology has failed to cultivate a cohesive, continuous and recognized body of research—what is termed a “black criminology.” Inasmuch as the theoretical framework of the discipline is limited by its failure to develop this subfield, policy recommendations proposed to and adopted by the criminal justice system are limited. It is argued that the development of a black criminology is necessary to fill this gap—in much the same way that feminist criminology filled a void. The components and scope of this subfield are outlined and the role of the black criminologist in the development of a black criminology is evaluated. It is argued that although black criminologists are needed to chart a black criminology, their participation alone is insufficient for the full development and vitality of this subfield.     

Differences in assessments of relative prestige and utility of criminal justice and criminology journals

Several articles have been written about the relative prestige of journals in criminology and criminal justice. Almost uniformly, however, those rankings have focused on sociology and criminology journals and have generally reflected a sociological orientation. If criminal justice is indeed a separate discipline, such approaches are tantamount to asking psychologists to rate sociological journals within a list of psychology journals. Our approach is first to separate respondents by their degree of identification with criminal justice and their educational orientation. Second, we compile a list of responses to questions about prestige and utility to practitioners across the range of criminal justice and criminology journals. Analyses of these data indicate that there are differences in the way scholars rate journals, based on their identity with criminal justice and their educational orientation. These differences, however, are found in specific journals and in types of journals (i.e., police, corrections, criminal justice) rather than in aggregate perceptions of all criminal justice and criminology journals.     

Green Criminology Before ‘Green Criminology’: Amnesia and Absences

Although the first published use of the term ‘green criminology’ seems to have been made by Lynch (Green criminology. Aldershot, Hampshire, 1990/2006), elements of the analysis and critique represented by the term were established well before this date. There is much criminological engagement with, and analysis of, environmental crime and harm that occurred prior to 1990 that deserves acknowledgement. In this article, we try to illuminate some of the antecedents of green criminology. Proceeding in this way allows us to learn from ‘absences’, i.e. knowledge that existed but has been forgotten. We conclude by referring to green criminology not as an exclusionary label or barrier but as a symbol that guides and inspires the direction of research.     

SCIENCE,PUBLIC POLICY,AND THE CAREER PARADIGM*

The career model reappears with some consistency in the history of criminology. It consistently fails, however, to organize the facts about crime in a meaningful way. As a consequence, we predict that criminology will once again abandon career models in favor of theories of crime.     

Critical Criminology Meets Radical Constructivism

Critical criminology and radical constructivism are frequently regarded as an impossible pair—or, at least, as a rather schizophrenic one. This is so, notably, because radical constructivism rests on the (paradoxical) abandonment of what Jean-François Lyotard named méta-récits. It rests on the refusal to distinguish between the phenomenal and the symbolic, and thus implies the complete vanishing of the classical difference between ontology and epistemology. This would consequently deprive criminology (or, more generally, the social sciences) of any anchoring point enabling a critical utterance. The present contribution’s thesis is that, on the contrary, radical constructivism can catalyze critical criminology. Among the possible contributions of a radically constructivist sociology of criminalization, this paper focuses on: its call for a reworking of the concept of social control, which avoids problems related to its contemporary usage; its focus on power and force, in a way which avoids Foucaultian perspectives’ aporetic elements, and problematizes every instance of legitimized authoritarian practices.     

历史·范式·结构:犯罪学中的风险开示

在20世纪末,风险已成为占据主要支配力的问题处理方式。对于犯罪学来说,关于风险的争论已经贯穿在研究的全部范畴内。犯罪学中的风险理论经历了从隐性到显性的知识发展。在犯罪控制范式转变中,风险的规制、维控与治理与犯罪的预防、控制与治理分别对应而形成了以回抗、维控、化解风险压力为导向的控制结构。同时,作为犯罪控制结构要素的控制主体、控制措施与控制客体的任一环节的自反性都将使犯罪控制的运行超出设计初衷而出现风险性。犯罪学中的风险理论是犯罪学与风险学科的交叉研究理论,也存在由于风险的不确定性在犯罪治理中的适用所引发的一系列争议性问题。由此,风险议题在解决我国司法实践难题时显得尤为重要。     

Perceiving and Communicating Environmental Contamination and Change: Towards a Green Cultural Criminology with Images

In this article, we will respond to recent calls for a ‘green cultural criminology’ by attempting to open the way for new visual explorations of environmental harms and crimes, and by suggesting some methodological perspectives that can be advanced by the use and analysis of the photographic image. To demonstrate the power, potential and possibility—as well as some potential limitations—of a green cultural criminology with images, we draw on two ethnographic studies carried out in Huelva (Spain) and central Appalachia (United States). The described methods have the advantage of (1) bringing together the multiple and complex experiences of those who live in polluted areas; (2) considering the cultural meaning given to experiences of ecological change and destruction; and (3) exploring how those experiences are represented, communicated and understood. We conclude with a call to use qualitative visual approaches for carrying out research in an emergent green cultural criminology designed to develop a complex understanding of the multiple forms of environmental harms and crimes.     

Queer Criminology,Critique, and the “Art of Not Being Governed”

This article builds on previous work that argues that a useful path for a “queer/ed criminology” to follow is one that takes “queer” to denote a position. It suggests that one way of developing such an approach is to adopt a particular understanding of critique—specifically one that draws from Michel Foucault’s view of critique as “the art of not being governed.” It then charts some of the possible directions for such a “queer/ed criminology.” While such an approach to critique has previously been discussed within critical criminologies, this article suggests that it is useful for queer criminologists to explore the opportunities that it affords, particularly in order to better appreciate how “queer/ed criminology” might connect to, draw from, or push against other currents among critical criminologies, and help to delineate the unique contribution that this kind of “queer/ed criminology” might make.     

United Nations peace process as a peacemaking and human rights exercise. Lessons from conflict resolution in Sierra Leone

The United Nations peace process in Sierra Leone is one of the most successful initiatives in conflict resolution in the history of the UN. The peace building process has led to sustainable peace in a country located in a highly conflict ridden region in the world. This paper analyzes the peacemaking process to understand the process and its underlying unique features. Placing the events in the context of peacemaking criminology and human rights, it is argued that the UN peacemaking greatly reflects the values advocated by peacemaking criminology, while the goals of the process reflect universal human rights, recognized and promoted by the United Nations Declaration of Human Rights (UDHR).     

韩非“以法为教”的德化思想论

韩非认为,无论是人的素质,还是人性的现实,都处在不甚完美的境地,因此,施行“以法为教”的德化是必要的。在营筑德化的具体过程里,韩非重视的不是微观问题的辨析,而是宏观视阈层面上机制的建设。在内在的方面,依据万物“有所宜”而因循万物特性的方面受到推重,因循不是简单的消极行为,在“因物以治物”的二维动宾语言结构里,它仍然体现着行为主体的积极主动性。在外在的方面,通过在“形名参同”的实功、实效轨道上,设置了由因能以任、称功赋禄、赏罚组成的互动链,为万物“宜其能”提供了有力的支撑,并为万物“有所施”创造了条件,同时在动态上又为万物“处其宜”形成了自然的驱动力,并最终完成德化活性化的追求。其意义积极而深远,值得借鉴。     

The ‘Groundhog Day’ of the Human Trafficking for Sexual Exploitation Debate: New Directions in Criminological Understanding

This paper considers the intellectual framework that is used to understand human trafficking and the limitations that it imposes on the criminological study of this phenomenon. First, there is a brief historical perspective which allows for comparisons between current debates and the moral crusades of the Victorian/Edwardian social purists. The contemporary focus on trafficking for sexual exploitation, rooted in Victorian/Edwardian construction has, the authors argue, narrowed the policy remit and the criminological investigation into human trafficking. The paper then proceeds to address the interaction between these enduring (historical) myths, the role of trans-national organised crime and the constraining effects of the contemporary intellectual framework. It is argued that in order to challenge the cyclical nature of the debates, it is necessary to make redundant the use of the term human trafficking and to widen the criminological lens through which we consider the problem. In doing so, we hope to highlight those groups whose experiences are missing or marginalised in the current construction of the problem and urge a reconsideration of the way in which criminology approaches this issue.     

Cultural Criminology and the Politics of Meaning

Cultural criminology focuses on situational, subcultural, and mediated constructions of meaning around issues of crime and crime control. In this sense cultural criminology is designed for critical engagement with the politics of meaning, and for critical intervention into those politics. Yet the broader enterprise of critical criminology engages with the politics of meaning as well; in confronting the power relations of justice and injustice, critical criminologists of all sorts investigate the social and cultural processes by which situations are defined, groups are categorized, and human consequences are understood. The divergence between cultural criminology and other critical criminologies, then, may be defined less by meaning than by the degree of methodological militancy with which meaning is pursued. In any case, this shared concern with the politics of meaning suggests a number of innovations and interventions that cultural criminologists and other critical criminologists might explore.     

Seeing War as Criminal: Peace Activist Views and Critical Criminology

A hallmark of critical criminology is its critique of the traditional definition of crime. For decades, critical scholars have proposed humanistic definitions of crime that bring state violence into the purview of academic criminology—although outside of critical criminology this is a matter of great contentiousness. This study investigates the views of those involved in peace activism, but not in any way associated with academic criminology, about the application of the term ‘crime’ to war, specifically the recent US war on Iraq. Given that there is no existing research on this subject, the article also examines how peace activists define crime generally and whether they believe those responsible for the war should be regarded as war criminals. Not surprisingly, semi‐structured interviews with 13 anti‐war activists reveal significant support for elements of critical criminological definitions of crime but an unexpected concern on the part of some that the application of the term ‘crime’ to war could be counterproductive in efforts to stop state violence. The rationales for this concern, as well as those for other issues addressed in the study, are largely presented in the interviewees’ own words.     

Positive criminology and imprisoned sex offenders: Demonstration of a way out from a criminal spin through acceptance relationships

Abstract

The purpose of this qualitative research was to examine the change process experienced by imprisoned sex offenders during incarceration from the standpoint of emerging positive criminology perspective. The participants were 38 males incarcerated in two prisons in Israel who had been convicted of various sexual offences. The participants underwent individual in-depth, face-to-face interviews, lasting several hours each. Initially, the findings suggested a tendency for offences to escalate over time, referred to as a “criminal spin”, which can be stopped only by external intervention. Most of the participants also reported that they experienced positive changes during the current imprisonment, associated with broad support received from various sources. This suggests a possible way out of the criminal spin by exposing offenders to the human and social acceptance of meaningful agents, thus supporting the positive criminology perspective. In addition to their theoretical contribution, the findings have practical implications for the assessment, treatment and rehabilitation of sex offenders.     

Are We Human? Edgework in Defiance of the Mundane and Measurable

Edgework can be a useful heuristic tool in producing counter-statements about Orthodox Criminology, where the measurable has arguably become more important than the meaningful. This paper focuses on the embodied experiential nexus of culture and crime in which criminology is taught, administered, and investigated. The Burkean framework of Dramatism is used to reveal how collective creative productions by students can provide insight into the political context of the contemporary criminology classroom. Through an analysis of instant ethnographies penned by participants of a flash mob I illustrate how the role of autonomy and responsibility are not resources that students readily draw upon to understand themselves in relation to the production of knowledge and social change. These observations support some of the concerns raised by Cultural Criminologist about the rise of administrative criminology. In the spirit of detournement, I argue that one way to facilitate student engagement with knowledge production differently is to invite them to experience moments of embodied transgressions.