‘Women’ Detectives and Perceptions of ‘Oppressive’ Experiences: Exploring Experiential Essentialism and Phenomenology

The purpose of this paper is toexplore whether female Detectives perceptionsof their own work experiences include oppressive experiences because of their sex. It attempts to evaluate these perceptions ofoppressive work experiences or lack thereofvia a feminist viewpoint that embraces variousaspects of phenomenology with regards towomens experiences. More importantly, itrecognizes that experiential essentialistarguments cannot be ignored. The word womanis in quotes because it has been used,historically and presently, as a category toposition females according to mainstreamsocietys standards. The word oppressive isin quotes because even though the researcherdescribed oppressive instances in specificways, there were times, where some subjects didnot identify those experiences asoppressive. The majority of 60 female CanadianDetectives identified oppressive experiences,and an important task of this paper is toexamine experiences that fit the researchersdefinition but were not considered oppressiveby the subjects.     

Rendition/Eviction – A Post-Apartheid Reflection

The article analyzes the internal logic of the conceptual and structural hierarchies involved in slavery and apartheid land law. The rendition or recovery of fugitive slaves and the eviction of squatters from land during apartheid both involve the use of legal procedures and institutions to protect property interests. However, in the period following the emancipation of slaves and the abolition of apartheid, this logic was not abandoned – liberty was acquired at the price of economic subjugation. The new forms of slavery will continue unless the abolition of slavery and the termination of apartheid are explicitly celebrated as political acts that replace the urge to dominate and possess with a measure of public-spiritedness and non-possessiveness. Politics can be kept alive only when the compelling logic of domination and hierarchy is resisted through a different, public-spirited rendition of eviction.Paper read at the Critical Legal Conference 2003, entitled Transition and Transformation; Resistances and Reconciliation; Communities Within and Beyond Law, Johannesburg, 5–7 September 2003. Thanks to Gerhard du Toit and Maartje Eefting for research assistance. Peter Fitzpatrick (No Higher Duty: Mabo and the Failure of Legal Foundation, Law & Critique, 13 (2002), 233–252) and Frank I. Michelman (The Bill of Rights, the Common Law, and the Freedom-Friendly State, paper read at the University of Miami, 21–22 March 2003, published version forthcoming) inspired some of the ideas worked out here. Thanks to Frank Michelman for permission to refer to his unpublished article, and for helpful comments on a draft of this article.     

Political corruption and the role of public prosecutors in Italy

This paper analyzes the problem of political corruption in Italy and the role public prosecutors have played in unraveling such a phenomenon. The factors that have contributed to fostering systemic corruption as well as those that have contributed to uncovering such a system are given careful consideration. The most relevant conclusion is that whereas endogenous forces in the judiciary (prosecutors and judges) — in particular, its low level of institutional autonomy — have prevented it from containing corruption, exogenous forces — which have broken the conditions that had favoured the stability of the so-called first Republic — have led prosecutors to engage in massive investigations.This article is a revised version of the paper prepared for delivery at the 1994 Workshop on Corruption and Politics held at the Instituto Internacional de Sociologia Juridica, Onati (Spain), July 13–14, 1994. I am appreciative to Prof. Giuseppe Di Federico (University of Bologna) for his deep insights of this complex matter and for his very useful comments.     

Human and fundamental rights: What are they about?

Conclusion Human rights, distrusted by Bentham, through emergence ofGesellshaft, have sometimes been identified with rights of market men and gradually on an ad hoc basis and so have been given a relational or relativist character for that reason. Such a view ignores the test of humanness or the tele of human rights surviving any political association and the need for full development of human personality as an autonomous being inherent in full respect for all as moral persons. This disposes of the view of human rights in terms of rules of a game, or of connection between human rights and human action, or of the standard of the prudent man or, finally, of the ideology of the rising bourgeoisie. Equally, that very test of humanness disposes of criticisms of the human rights theory based on a concern for implementation of rights, on concentric circles based on the specific and concrete, on the impossibility of liking the billions, on the distinction between negative, positive and administrative rights, on the condition of being able to make valid claims and thereby denying human rights to the deprived millions in poor countries, on the social justice model, on the potential for violence and conflict and, finally, on the vagueness or subjectivity of human rights. An eclectic synthesis not between good and evil nor between right and wrong but between the extremes of the views presented in such critical explanations e.g. between the New Right and the New Left and between Hobbes and Rousseau) is what is needed in order to present a workable theory of human rights in the modern-day world.     

Measurement of R&;D Multipliers: The Case of Greece

The present paper applies empirically the methodology of backward and forward R & D multipliers for the case of Greece, which, despite its high growth rates in output (G.D.P.), ranks last among European Union (E.U) countries in R&D expenditure. The backward R&D multipliers measure the total amount of R&D expenditure embodied in one unit of an industrys final demand. On the other hand, forward multipliers reflect the percentage of an industrys R&D expenditures that is embodied in the final output categories. The results show that the Greek economy experiences a decrease in backward R&D multipliers over the time period 1993–1997, and some policy implications are discussed, regarding the countrys priority to increase R&D diffusion and stimulate R&D financing.     

Justice in Health Care Decision-Making: Patients’ Appraisals of Health Care Providers and Health Plan Representatives

This study describes the development of two versions of a Health Care Justice Inventory (HCJI). One version focuses on patients interactions with their providers (HCJI-P) and the other focuses on patients interactions with the representatives of their health plans (HCJI-HP). Each version of the HCJI assesses patients appraisals of their interactions (with either their Provider or representatives of their Health Plan) along three common dimensions of procedural justice: Trust, Impartiality, and Participation. Both the Provider and Health Plan scales assess indices that are relatively independent of patients demographic characteristics. In addition, patients appraisals of their interactions with their provider were only moderately related to their appraisals of their interactions with representatives of their health plan, indicating that the Provider and Health Plan scales tap distinct aspects of patients overall experience with the health care system. Overall, procedural justice dimensions were significantly related to patient satisfaction in both the Provider and the Health Plan contexts. As predicted, procedural justice factors were more strongly tied to patient satisfaction in the Provider than in the Health Plan context, and health care decisions based on distributive justice principles of Need (rather than Equity or Equality) were most closely tied to patient satisfaction in both contexts.     

Sex @ the End of the Twentieth Century: Some Re-marks on a Minor Jurisprudence

This article offers a re-reading of Goodrichs essay, Law in the Courts of Love. My contention here is that the idiom of love that Goodrich provides us with in this essay cannot address the complexity of sexuality and sexual politics that inhabit our contemporary technoscientific culture. In so doing, I will juxtapose his essay with Laven Berlant and Michael Warners essay, Public Sex. This article will be divided into three sections. In the first section, I will evaluate and review Goodrichs genealogical approach to law and the image of justice that arises out of his approach. The second section will be a re-reading of Goodrichs Law in the Courts of Love through feminist and technoscientific discourses. Its aim is to problematise and re-think not only the idiom of feminine justice that Goodrich offers, but also to question the presuppositions upon which his work is based, primary presuppositions surrounding issues of privacy, sexuality and sexuated rights. Finally, in the third section I will conclude by suggesting that the re-figuration of justice necessitates a re-figuration of the relationship that law has with time and space.     

Efficient Contract Remedies And the European Unification

This paper applies theoretical results that are derived from financial-economic principles to the issue of efficient contract remedies in view of the European Unification. Common Law favors the expectation damages remedy, according to which a party who is aggrieved by a breach of contract expects an ex-post damages award, while this paper demonstrates that if the subject of the contract is traded continuously with observable values, an alternative remedy is equally efficient and just. The alternative remedy is rationalized on an ex-ante basis, and thus, courts intervention in the event of a breach of contract may not be essential. The EU aims to establish a uniform commercial code superior to all national law. This goal reflects current cultural differences and lacks of homogeneity, such as expectations and risk preferences across EU Member States. Lacks of homogeneity, can not, however, invalidate the above conclusion, as long as prices are continuously traded and a single price regime prevails. Accordingly, this paper predicts that since price differentials across Member States are likely to disappear faster than other non-homogeneous factors, the Court of Justice will show a tendency to rule, utilizing the rationale underlying the ex-ante regime, and perhaps, to overturn country-specific rulings by National Courts, which favor the expectation damages regime.     

Trampling Human Rights in the War on Terror: Implications to the Sociology of Denial

Critical criminology has greatly benefited fromthe concept of moral panic, which is a helpfulframework for understanding immigrationreform and the treatment of immigrants –especially in relation to concerns aboutterrorism. In response to the events ofSeptember 11, 2001, the United Statesgovernment swiftly produced legislationintended to protect homeland security,culminating in the USA Patriot Act. Whilemainstream political leaders supported the newlaw, many legal experts expressed concernsabout its expansive powers as serious dangersto immigrants rights and civil liberties.Among those concerns are controversial tacticsinvolving ethnic profiling, detentions, andgovernment secrecy. This article examinescritically the nature of those forms of humanrights violations while elaborating on thecontradictions in the war on terror. ApplyingCohens sociology of denial – how literal,interpretive, and implicatory denial perpetuatelong-term social problems – developments areinterpreted conceptually, contributing to adeeper understanding of growing threats tohuman rights.     

The Criminological Enterprise in Europe and the United States: A Contextual Exploration

European criminology obviously means more than simply the collaborative efforts (on drugs, restorative justice, youth gangs) between researchers and scholars from Europe. In this essay, the author compares and contrasts American criminology with criminology in Europe (as it exists in individual countries), without aiming for the essence of European criminology. She points to differences between the US and Europe with regard to the criminological enterprise (such as history, scale, degree of institutionalisation, accessibility, diversity in theory and method, the critical and self-reflexive stance, and focal research questions), and to the differences in doing science, doing justice, and doing crime. American criminology is a powerful influence in Europe, although there may be a tendency to overestimate the importance of American criminology, because of the dominance of English-language publications. American criminology has made many positive contributions to the field of the study of law, crime and social control, and it continues to do so. However, if one defines the essence of American criminology as being policy-oriented, methodologically-driven, and lacking theoretical lustre, diversity, and critical edge, then the fear of Americanisation of European criminology is well-placed. It is not the criminological enterprise of the US per se, but rather the notion of Americanisation which is really at issue here.     

Formal Legal Truth and Substantive Truth in Judicial Fact-Finding -- Their Justified Divergence in some Particular Cases

Truth is a fundamental objective of adjudicative processes; ideally, substantive as distinct from formal legal truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. Jury nullification and jury equity. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.     

Governmentality and the War on Terror: FBI Project Carnivore and the Diffusion of Disciplinary Power

Social control capabilities have increased significantly over the past several decades, particularly because of an increased utilization of technologically advanced surveillance methods. Following the tragic events of September 11,2001, U.S. Congress and the present Administration have granted law enforcement considerable new powers in the enforcement and prevention of terrorism-related crime. Collectively labeled under the heading of the so-called war on terror , the scope of such laws, policies and directives are challenged by civil rights organizations and numerous legislators for lack of definitional precision, arbitrary application of sanctions, and violation of privacy laws. One of federal law enforcements surveillance tools is Project Carnivore, a Justice Department Internet surveillance program that is administered by the Federal Bureau of Investigation (FBI) to access information flowing to and from a central processing unit on a network connection. While, theoretically relying on Michel Foucaults theory of discipline and governmentality, as well as related insights in the social control literature, this paper examines Project Carnivore relative to the larger context of state rationality and related privacy issues.     

Chicano youth gangs and crime: the creation of a moral panic

The relationship between Chicano gangs, crime, the police, and the Chicano community is complex. Neither the problem of youth gangs nor the specialized police units created to cope with this problem arises in a social vacuum. Rather, both emerge from a particular historical structuring of social, economic, and political relations. This paper investigates how and why a moral panic arose concerning Chicano youth gangs in Phoenix in the late 1970s and early 1980s. A variety of qualitative and quantitative data from media reports, interviews, and juvenile court records are used to assess whether it was the actual behavior of Chicano youths or the social imagery surrounding them that formed the basis for the gang problem in Phoenix. I suggest that the image of gangs, and especially of Chicano gangs, as violent converged with that of Mexicans and Chicanos as different to create the threat of disorder. In addition, it was in the interests of the police department to discover the gang problem and build an even greater sense of threat so as to acquire federal funding of a specialized unit.     

Social control: analytical tool or analytical quagmire?

Conclusion In this paper we have undertaken what we regard as a preliminary critique of the concept of social control and its utility for a critical criminology in Canada. In tracing its emergence and historical development as a key concept in American sociology, we have illustrated that its ascendancy represented a victory for liberal sociology. The recent attempts by critical criminologists and sociologists to rehabilitate the concept of social control by insisting upon the essentially coercive nature of control have not resulted in an advance over traditional theorizing.By examining the women, law and social control literature, in particular the use of the formal/informal dichotomy, we have attempted to illustrate the limited utility of the concept for developing an historically and theoretically informed understanding of the complex and contradictory relationship of women to the state and law. The concept of social control is ahistorical: when coupled with law, moreover, it lends itself to instrumentalism. It is our view that the concept of social control ought to be abandoned by critical scholars in favour of one attentive to the dynamic complexity of history, struggle and change.Paper presented at the Annual Meeting of the Canadian Association of Sociology and Anthropology, 4–7 June 1986, Winnipeg, Manitoba. Equal authorship.     

Reflections of the Evolving Concept of 'Private Policing'

Once popular state-centred political frameworks, while declining in popularity on many normative agendas, nevertheless continue to guide how we think about and examine policing. Early studies into the private policing phenomenon have thereby focused upon the formal paid private security sector, a set of agencies which do not depart too radically in appearance from traditional public police services. More recent empirical studies have yielded data inconsistent with the established conceptual frameworks. Theorists have been assembling these data into alternate ways of thinking about collective life, which may have profound implications for the ways in which to choose to govern in the future. Further research addressing developments in networked nodal governance may be suggestive of progressive alternatives.     

The five khandhas: Their theatment in the nikāyas and early abhidhamma

Conclusion To explain the khandhas as the Buddhist analysis of man, as has been the tendency of contemporary scholars, may not be incorrect as far as it goes, yet it is to fix upon one facet of the treatment of the khandhas at the expense of others. Thus A. B. Keith could write, By a division which ... has certainly no merit, logical or psychological, the individual is divided into five aggregates or groups. However, the five khandhas, as treated in the nikyas and early abhidhamma, do not exactly take on the character of a formal theory of the nature of man. The concern is not so much the presentation of an analysis of man as object, but rather the understanding of the nature of conditioned existence from the point of view of the experiencing subject. Thus at the most general level rpa, vedan, sañña, and are presented as five aspects of an individual being's experience of the world; each khandha is seen as representing a complex class of phenomena that is continuously arising and falling away in response to processes of consciousness based on the six spheres of sense. They thus become the five updnakkhandhas, encompassing both grasping and all that is grasped. As the updnakkhandhas these five classes of states acquire a momentum, and continue to manifest and come together at the level of individual being from one existence to the next. For any given individual there are, then, only these five updnakkhandhas — they define the limits of his world, they are his world. This subjective orientation of the khandhas seems to arise out of the simple fact that, for the nikyas, this is how the world is experienced; that is to say, it is not seen primarily as having metaphysical significance.Accounts of experience and the phenomena of existence are complex in the early Buddhist texts; the subject is one that is tackled from different angles and perspectives. The treatment of rpa, vedan, saññ, and represents one perspective, the treatment of the six spheres of sense is another. As we have seen, in the nikya formulae the two merge, complementing each other in the task of exposing the complex network of conditions that is, for the nikyas, existence. In the early abhidhamma texts khandha, yatana and dhtu equally become complementary methods of analysing, in detail, the nature of conditioned existence.The approach adopted above has been to consider the treatment of the five khandhas in the nikyas and early abhidhamma texts as a more or less coherent whole. This has incidentally revealed something of the underlying structure and dynamic of early Buddhist teaching — an aspect of the texts that has not, it seems, either been clearly appreciated or properly understood, and one that warrants further consideration.     

The assassination of Olof Palme: Evidence and ideology

In February 1986, the Swedish premier was assassinated in a crime of political violence that remains unsolved at the time of writing. The present paper examines the various explanations that were proposed for this act, both in Sweden and in other Western countries. It will be shown how these explanations changed as the scope of the investigation grew in complexity and how investigators deviated more and more sharply from the official Western view of terrorism. From early suspicion of traditional villains — Middle Eastern separatists or German leftists — attention has focused more recently on very different candidates, in Swedish business and intelligence circles. The aim of the paper is neither to solve the crime nor to produce any new evidence, but to study the changing ideological assumptions of the investigative process, particularly when dealing with sensitive political offenses.     

The Narrow Margins of the Dutch Drug Policy: A Cost-Benefit Analysis

In order to introduce more structure to the debate it seems worthwhile to make a rough cost-benefit analysis of the probable effects of the Dutch drug policy in various areas. A multi-disciplinary analysis of this nature makes it possible to bring together the arguments put forward by the protagonists from various perspectives and to some extent balance them against each other. In a traditional cost-benefit analysis the anticipated effects are assessed in financial terms. This is only possible to a very limited extent when it comes to drug policy. The article is limited to cataloguing as fully as possible the most significant pros and cons of the Dutch drug policy found in the literature on the subject. As a conclusion attention is paid to whether changes such as decriminalisation or re-criminalisation of drug use will yield a better cost-benefit analysis against the background of this overview.