Charles Sanders Peirce, A Mastermind of (Legal) Arguments

In this article, we try to trace the relationship between semiotics and theory of legal reasoning using Peirce’s idea that all reasoning must be necessarily in signs: every act of reasoning/argumentation is a sign process, leading to “the growth of knowledge. The broad scope and universal character of Peirce’s sign theory of reasoning allows us to look for new conciliatory paradigms, which must be presented in terms of possible synthesis between the traditional approaches to argumentation. These traditional approaches are strongly affected by either the dialectical (logical) perspective or the rhetorical perspective on argumentation, while Peirce’s approach tends to reconcile the rhetorical and methodological aspects of reasoning. This reconcilation is best illustrated by Peircean analysis of argument’s logical and rhetorical structure; while the diagrammatic (iconic) analysis of arguments is performed in the system of Existential Graphs (which is Peirce’s major methodological system, designed for the expressions of propositions in point of their relational structure). Obviously, Peirce’s original division of argument parts offered only the characterisation of the sign activity (involved in the process of reasoning), and thus left much to be desired in terms of practical explication.     

Posner versus Kelsen: the challenges for scientific analysis of law

Law & economics scholars claim, among other things, to provide explanations of how law impacts behaviour. The aim of this article is to shed light on the conceptual and methodological difficulties related to analysis of the impact that law has on behaviour. The analysis advanced in the paper takes as its starting point a commentary on Richard Posner’s interpretation of Hans Kelsen’s pure theory of law. The work of Kelsen is treated as a meta-theoretical analysis that reveals some of the presumptions of theoretical approaches to law that claim to be scientific and, in particular, that claim to scientifically analyse the law’s influence on behaviour. The article concludes with a methodological proposal on how to approach the identified methodological challenges and conceptual tensions that law & economics contends with.     

Chronic disease and disadvantage: the new politics of HIV infection

HIV infection is now perceived as the end stage of a chronic disease that is spreading most rapidly among blacks and Hispanics. The politics of the HIV epidemic in the 1980s were dominated by four interacting factors: fear and fascination; who had the disease and to whom it seemed to be spreading; the endemic problems of United States social policy; and the impact on policy of advances in scientific knowledge. This paper analyzes the political history of each of these factors and describes the dominant policies of the federal government and the states regarding HIV in the areas of surveillance, prevention, research, and financing. Four uncertainties will have a profound influence on the future politics of the HIV epidemic: how the states and the federal government will address the general problems of paying for the care of people with chronic diseases and providing access to care for the uninsured and the underinsured; the number and distribution of the sexual behaviors that transmit infection with HIV and the effectiveness of policies to persuade people to modify these behaviors; precisely who uses addictive drugs and the effectiveness of measures to change their behavior; and the natural history of the virus.     

New perspectives on crime,violence and insecurity in Latin America

This article introduces a Crime, Law & Social Change special issue on rethinking organised crime, collective violence and insecurity in contemporary Latin America. The five contributions, which among them cover the cases of Argentina, Brazil, Colombia, Guatemala and Mexico, address the puzzle of why and how in the midst of the world’s most serious crime and violence crisis ‘stability’ and ‘political order’ are nonetheless maintained. Taking a critical distance to conventional scholarship on these problems, the present collection of papers shifts the focus from one on how democratic regimes and formal institutions of the state are affected to a broader one that puts the spotlight on the ‘real politics’ and ‘real governance’ of crime and violence in the region. Cultural aspects of the ‘collapse of legality’, the holding power of informal institutions and the workings of ‘crimilegal orders’ and ‘criminalized electoral politics’ are explored through variegated conceptual and methodological approaches drawn from political science, criminology, sociology, social psychology, cultural studies and investigative journalism.     

Communication law as a rhetorical practice: A case study of the Masses decision

This article discusses the ways in which rhetorical theory and critical practice can inform our understanding of communication law. By looking at some of the culturetypal and countercultural myths that went into the construction of America's free speech doctrines during and after World War I, critics can gain an appreciation of the polysemic nature of law. Using the commentaries surrounding Learned Hand's decision in the Masses case as a point of departure, the article illustrates how legal decisions can be viewed as discursive fragments that are a part of the broader rhetorical culture.     

1981 Review—Current Criminal Justice Projects Here and Abroad

The study of transnational environmental harm demands appreciation of specific methodological and conceptual issues that impinge upon the data collection process. Some of these issues include the ethics and politics of ‘outsiders’ researching other people's territory, the differential availability and types of data in different jurisdictions, the ways in which state denial and corporate resistance impede the research process, and the importance of utilising a wide range of data sources as a means to substantiate claims about harms and the causes of harms. The paper presents an exploration of methodological issues in the study of harms that are global, cross‐national, and/or localised, but which are intrinsically transnational in nature regardless of scale and scope. By understanding the challenges presented to those working in this area, we are also able to identify directions for future methodological development.     

The Shifting Sands of Punishment in China in the Era of “Harmonious Society”

This article about the politics of punishment in China today follows some of the political machinations involved in the development of a new policy called “Balancing Leniency and Severity.” It treats this new policy as an exemplar of how politics works in the Hu Jintao era to change the way crimes are addressed in judicial decision making. This paper underscores the important ways in which political ideology informs criminal justice policy and practice in China. It examines a number of stages of development within the last decade during which Balancing Leniency and Severity has emerged as a foundational criminal justice policy.     

Translating CPTED into Crime Preventive Action: A Critical Examination of CPTED as a Tool for Active Guardianship

This paper will argue that the effectiveness of CPTED ought to be judged in terms of the extent to which it is successful in facilitating opportunities for active guardianship of places. With this premise in mind, the CPTED component of surveillance will provide the focal point of investigation. Reynald (Crime Prevention and Community Safety: An International Journal, 11(1):1-20, 2009, Journal of Research in Crime & Delinquency, 2010b) demonstrated that supervision or natural surveillance is one of the core dimensions of active guardianship in residential areas. This paper will begin with an illustration of how the CPTED principles are translated into crime preventive action in residential environments by using observational data to get a first-hand look at how CPTED functions in practice. The paper will then go on to combine these field observations with interview data from residents themselves to show the ways in which opportunities for the CPTED component of surveillance are affected, not simply by the design of the physical environment, but also by the context in which the opportunities exist. These results will be used to critically reflect on some inherent conflicts and points of neglect in the relationship between the components of surveillance, territoriality and image/maintenance, as a means of airing some of the conceptual and practical weaknesses that may serve to limit the existing CPTED model.     

The Local Role in Homeland Security

There has been considerable discussion since September 11 of the enormous resource that local police potentially represent in the fight against terrorism. This article identifies limits to the local role in homeland security by analyzing a case study of Dearborn, Michigan. Partly because Dearborn is home to one of the largest concentrations of Arabs in the United States, its experience with homeland security highlights two kinds of burdens that cities incur when they engage in proactive surveillance to identify potential terrorists: damage to their reputation (since police surveillance implies that its objects are not trustworthy) and damage to police legitimacy (since new surveillance may undermine trust between police and the community). Because the benefits of efforts to identify terrorists typically accrue to jurisdictions other than the one that engages in it—unlike street crime, terrorism is a national or even international problem—local governments have little reason to pursue it. Instead, cities such as Dearborn have reason to emphasize what I call the "community protection" aspects of homeland security, such as target hardening and emergency response. This finding has more general implications for our understanding of the police role and the politics of policing, showing how both are shaped by the structural location police occupy in federalist systems of government.     

What There is Left and How It Works: Ancient Rhetoric and the Semiotics of Law

The present paper examines three parts of ancient school rhetoric: the issues, the topics, and the questions of style from the perspective of legal semiotics. It aims (1) to demonstrate the roles these have played and can play in the interpretation of legal discourses; and (2) to summarise what insights have been and can be gained from this classical tradition by contemporary legal research. It is argued that the promise of legal semiotics for rhetorical investigations is that it may help to make sense of the functioning of the system of ancient rhetoric, and contribute to our understanding of how rhetorical tradition works, while the research of ancient rhetoric can explore a range of semiotic devices essential for lawyerly thinking, resulting in the knowledge of a richer framework of interpretation.     

The Embedded Acquis Communautaire: Transmission Belt and Prism of New Governance

The European Union offers crucial insights into the gradual shift from a Weberian form of modern 'government' towards the institutionalisation of post-Weberian 'governance'. The article argues that the emerging 'polity of polities' context, not only threatens the constitutional basis of democratic rule but also raises the questions of what exactly the new institutions of governance beyond the nation-state are, and what they imply for the functioning (rules of the game) and legitimacy (democratic processes) of the political order. In an effort to elaborate on these questions, the article develops two themes. First, it raises critical questions about the conceptual boundedness of 'governance' in the discussion of constitutional and policy studies within the field of European integration. Secondly, it advances a methodological access point for the study of the institutionalisation of governance in the Euro-polity. It suggests situating the legal concept of acquis communautaire at the boundary of legal studies and politics. The concept is then applied to a case study of citizenship policy in the EU to demonstrate how the acquis communautaire–more precisely, the 'embedded acquis communautaire'–facilitates methodological access to the study of the institutionalisation of governance beyond the state and despite states.     

Judicial Summation: The Trial Judge's Version of the Facts or the Chimera of Neutrality

This paper analyses some of the rhetorical and linguistic features of two judges' summations to two different juries in a criminal case that was tried twice in the Tasmanian Criminal Court. In the first trial, the jury failed to reach a verdict upon a number of counts in the indictment. In the second trial, the jury returned guilty verdicts on all counts. The purpose of this paper is to cast light upon how the linguistic and rhetorical features observed in the summations lent colour or weight to a particular interpretation of the events tried. The paper argues that the judge's summing up is part of the persuasive process of the criminal trial and that judges do present a version of the facts to the jury, deploying various language strategies to construct and communicate that version. The analysis focuses solely upon the judges' summing up of the evidence and the facts. It does not deal with directions or determinations concerning the law. Three major differences between the summations are considered: their distinct thematic approaches to the factual issues, the disparate levels of assistance they provide to the jury in assessing the evidence and their relative comprehensibility. The different thematic approaches produced disparate choices concerning the evidence -- its selection for consideration and its evaluation. The approach in the first summation resulted in an analysis of the evidence that favoured the accused. In the second summation, the thematic approach facilitated a more critical appraisal of the accused's case and a more favourable assessment of the complainant's version of events. The summations also provide differential levels of assistance and achieve differential levels of comprehensibility. The first summation provides relatively little guidance to the jury in evaluating significant items of evidence. In contrast, the second trial summation gives a more directional appraisal. It also achieves a greater level of clarity in the communication of key ideas than the first summation. Both distinctions are attributed to the discourse structures of the summations and to the second summation's reliance upon such organisational and rhetorical devices as repetition, enumeration and rhetorical questions. They are also attributed in part to the comparative syntactic simplicity of the second summation's sentences. It is the conclusion of this paper that the trial judge's linguistic, discourse construction and rhetorical skills are central to the clarification or obfuscation of the facts and issues in a case. How judges say what they say is significant at two levels of sense construction -- at the level of what Bernard Jackson calls signification and at the level of communication.     

Understanding research methods,limitations, and applications of drug data collected by the National Forensic Laboratory Information System (NFLIS-Drug)

The National Forensic Laboratory Information System (NFLIS) is a drug surveillance program of the US Drug Enforcement Administration that systematically collects data on drugs that are seized by law enforcement and submitted to and analyzed by the Nation's forensic laboratories (NFLIS-Drug). NFLIS-Drug data are increasingly used in predictive modeling and drug surveillance to examine drug availability patterns. Given the complexity of the data and data collection, there are some common methodological pitfalls that we highlight with the aim of helping researchers avoid these concerns. The analysis done for this Technical Note is based on a review of the scientific literature that includes 428 unique, refereed article citations in 182 distinct journals published between January 1, 2005, and April 30, 2021. Each article was analyzed according to how NFLIS-Drug data were mentioned and whether NFLIS-Drug data were included. A sample of 37 articles was studied in-depth, and data issues were summarized. Using examples from the literature, this Technical Note highlights eight broad concerns that have important implications for the proper applications, interpretations, and limitations of NFLIS-Drug data with suggestions for improving research methods and accurate reporting of forensic drug data. NFLIS-Drug data are timely and provide key information to inform drug use trends across the United States; however, our present analysis shows that NFLIS-Drug data are misunderstood and represented in the literature. In addition to highlighting these issues, DEA has created several resources to assist NFLIS data users and researchers, which are summarized in the discussion.     

The Arts and International Relations: The Evolving Identity of the Edinburgh International Festival in the Cold War Era

This article attempts to discuss the delicate relationship between the arts and international politics and the instrumental role the arts may play in international relations. The paper sets the Cold War as the stage and uses the Edinburgh International Festival as the subject of research to trace the interplay between the arts and international relations. Specifically, the article answers the questions of how the festival was impacted by the changing international relations over the Cold War period and how the festival as an arts organization exerted influence on international politics.     

From the Dockyards to the Disney Store: Surveillance,Risk and Security in Liverpool City Centre

This paper critically examines security provision and policing in Liverpool through analysing the development and consolidation of CCTV cameras in the city centre. The paper is less concerned with the technical question surrounding the relationship between CCTV and conventional crime control. Rather it is more concerned with placing the cameras within a broader economic, political and ideological context. In doing so it seeks to explore how the aim of creating a 'safe' and 'secure' city environment through defensible spaces has brought together the local authority, local businesses and public and private police who are involved with developing formal and informal security networks. An examination of the establishment and operation of CCTV in Liverpool city centre illustrates these themes and raises a series of important political and sociological questions regarding the operationalisation of power, the definitions of security, risk and order that underpin the camera network, the new sites of regulation and surveillance that are emerging as a result of the consolidation of the cameras particularly in relation to the militarization of city life and the intensification in the definition of public space as a site for consumptive purposes. The paper concludes with a consideration of the consequences of these developments in relation to recent debates about democratic accountability and the state of British politics.     

How Does the Criminal Justice System Operate from an Empirical Point of View? An Analysis of the Netherlands Case

This study analyzes how the Dutch criminal justice system works from an abstract and a practical perspective. Using data collected through quantitative (police and prosecution databases) and qualitative (interviewing of key participants familiar with the databases and observation of some ongoing trials) procedures, it identifies the main features of this system as well as the main problems that researchers might have when working with data recorded by the police and the prosecution service. This is a methodological paper that intends to contribute with the data analysis research in this field.     

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.     

论法政治学的创立

法政治学在中国的创立具有现实和学理的双重依据,是历史发展的时代要求。创立法政治学学科的根据,在于法律与政治之间的密切关系,尤其是二者之间的交叉重叠关系。这种关系为法政治学的创立提供了最坚实的基础。本文拟对这一关系予以法政治学视角的初步研究,并进而论证法政治学的学科定位,历史发展和学科意义,以期为中国法政治学的创立,提供最基本的理论解说。     

思想政治教育的基本内涵及实践性探究

本文阐述了思想政治教育的基本内涵及其科学理论体系,论证了在实践中思想政治教育实效性底下的突出表现及原因,确证了提高思想政治教育实效性的原则和方法。     

The Foreign Intelligence Surveillance Act of 1978: The Role of Symbolic Politics

Since 1978, the Foreign Intelligence Surveillance Act (FISA) has governed United States intelligence gathering for national security purposes. Enacted in response to the Watergate–era civil rights violations and revelations of a Senate investigation headed by Senator Frank Church that other presidential administrations had authorized similar warrantless surveillance, FISA established a statutory framework for national security surveillance. Understanding FISA contributes to the study of criminal justice policymaking because law enforcement and intelligence communities view it as an important tool for combatting espionage and terrorism. This article examines the enactment of FISA from the perspective of symbolic politics.