The Russian mafia: Expulsion of law

The purpose of this paper will be to determine whether the conditions that exist in present‐day Russia are congruent with Foucault's claim that power in modern societies is not ensured by law and punishment but by normalization and control, which go beyond the state and its apparatuses, and that law plays an increasingly subordinate role within contemporary disciplinary society. I will also see what conclusions can be drawn from the Russian‐Soviet case that are relevant to evaluating the paradigms supplied by Foucault in deciphering the modalities of power in the modern world. In what sense can he help us understand how discipline and law in Imperial and Soviet Russia created the necessary conditions for the emergence of the Russian Mafia? Law has been transformed in the hands of the Russian Mafia and has expanded its spheres of influence rather than being displaced. The conditions that exist in present‐day Russia can be applied to Foucault's claim that power in modern societies is not ensured by law and punishment but by normalization and control which go beyond the state and its apparatuses. But it is not the case that law plays an increasingly subordinate role in present‐day Russia. Rather, it is no longer controlled by the sovereign power of the monarchy or by the Soviet state and its apparatuses, but is now predominately controlled by the Russian Mafia.     

Narcotics trafficking and the American mafia: The myth of internal prohibition

Numerous books assert that the Mafia long had a prohibition against engaging in narcotics trafficking, either for reasons of morality, or else because of the public stigma attached to drugs. In reality, there are many problems with the belief in voluntary abstention. The mythical nature of internal prohibition, and the far different reality, will be illustrated from the case of Philadelphia, supposedly the base for one of the most powerful and traditional-minded of all the American Mafia groups, the family headed from 1959 to 1980 by don Angelo Bruno. We will attempt to explain the roots of the prohibition myth, both for writers and for the wider public that appears so endlessly enthusiastic about sagas of organized crime. Finally, the paper examines the implications of this myth for policy makers in successive wars on crime.     

The Chinese mafia: private protection in a socialist market economy

Gambetta's theoretical framework focuses on two important aspects directly relating to the birth and development of mafias, namely a demand for private protection and a supply of the same. In the Post-Mao era, China started its transition from a centrally controlled economy to a market-directed economy by adopting reform and opening-up policies. The widespread creation of property rights has exponentially enlarged the demand for protection. However, property rights are ambiguously defined in the Chinese legal system, and the state is unable and unwilling to provide efficient and sufficient law enforcement mechanisms for needy people because of the rampant corruption of government officials and the weak judicial system. In this case, the mafia that is interested in the private provision of protection developed into an alternative enforcement mechanism for ‘securing’ property rights in China's economic transition. The most important service offered by the mafia in China is not only to assist business enterprises in monopolising the market, but also to assist local government in China's economic reform.     

Philadelphia's “black mafia”: A social and political history

Trends in Organized Crime -     

Green energy and black economy: mafia investments in the wind power sector in Italy

In recent years, the EU has supported actions to develop the green economy. Among these, incentives to sustain the growth of the wind power (WP) sector were welcomed as strategic for promoting environmental sustainability. This paper argues that the enthusiasm in supporting the green economy, without a preliminary assessment for crime opportunities, could end up fueling the black one. In particular, looking at the Italian case, the intention to facilitate wind farm construction provided remarkable (economic and procedural) incentives but neglected the issue of crime infiltration in the legitimate economy. Consequently, investments in wind farms also became a very lucrative business for organized crime (OC) groups. Through an analysis of the WP sector in Italy, this paper aims to show that, in territories characterized by a significant presence and control of OC groups, regulation could have an adverse effect providing opportunities for OC infiltrations in the legitimate economy. In particular this paper discusses whether investments in the WP sector in Italy are more likely in those regions with higher levels of OC presence and analyzes the role played by OC groups in cases of criminal infiltrations in the WP sector.     

From the octopus to the spider’s web: the transformations of the Sicilian mafia under postfordism

Since 1989, when the Berlin wall fell, criminal organizations have undergone to deep changes. Globalisation has indeed brought about new opportunities for new criminal organizations, as well as creating new illegal markets. For most scholars, the Sicilian mafia, or Cosa Nostra (CN), has suffered the blows of these changes and entered a deep crisis. This article aims to show that CN is not in crisis, but it is rather experiencing the changes from a fordist to a psot-fordist regime of capitalist accumulation. In order to demonstrate this thesis, the author will analyse the flaws of previous mafia theorists, the changes in economy and also in culture.     

Educating towards ethical lawyers: a progress report

In 2010 in a conference paper on legal education and ethics, we addressed the proposition that exempting degrees offer a unique opportunity to inculcate students with the importance of ethical considerations throughout their legal education, incorporating such considerations in an integrated academic and vocational context. The paper included a detailed analysis of the practicalities of incorporating professional legal ethics into the undergraduate exempting law degree at Northumbria University. Since 2010, there has been relatively little written from a UK perspective on incorporating teaching of legal ethics at the undergraduate stage. Here we review our progress made towards achieving that goal. The article reveals that the results have been limited; we explore the reasons for this, and consider what alternative course(s) might have been followed. As such, our experiences may offer guidance for those intending to engage with the Legal Education and Training Review (LETR) recommendations to incorporate some consideration of ethics into legal education.     

The territorial expansion of mafia-type organized crime. The case of the Italian mafia in Germany

The present paper deals with the territorial movements of the mafia groups. After postulating that the concept of mafia refers to a form of organized crime with certain specific characteristics of its own, the paper presents: i) a repertory of the mechanisms underlying the processes whereby mafias expand beyond their home territories, and ii) a taxonomy of the forms that the mafia assumes in nontraditional territories. In a case study approach, the conceptual framework thus outlined is applied to the mafia’s presence in Germany, as reconstructed from documentary and judicial sources. Though this is an exploratory investigation, certain findings are clear: i) the ‘Ndrangheta is more active in Germany than the other traditional Italian mafias (Cosa Nostra and Camorra), and ii), even in “successful” expansions, the mafia does not reproduce the embeddedness it typically shows in its home territories, but chiefly concentrates on infiltrating the economy and dealing on illegal markets.