Some Myth about Realism

This paper discusses the place of philosophical naturalism in the philosophy of law, with special reference to Scandinavian Realism. Hägerström originated a non‐cognitivist analysis of certain fundamental legal concepts, but he also proposed an error theory. The two approaches are incompatible, but were not always clearly distinguished. Among his followers, Olivecrona and Ross gradually abandoned the latter, at least from the late 1940s. Many accounts of their views are unclear, because the presence of these two kinds of analysis, their incompatibility, and the gradual abandonment of one, has often been overlooked. A corollary of the discussion is that there are some important corrigenda in the entry “Naturalism in legal philosophy” in the Stanford Encyclopedia of Philosophy.     

The friend of my enemy is my enemy: International alliances and international terrorism

Terrorism is an instrument for groups that cannot achieve their political goals legally. One important strategic function of terrorism is to weaken the government – either directly by attacking representatives or supporters of the government or indirectly by causing a political response that is unpopular among the population. Often, however, political stability of the home government is buttressed by foreign powers. In this case, the terrorists can have a strategic interest in attacking nationals of these foreign countries. This article analyses this logic by looking at international alliances as a proxy for international support. If the friend of my enemy is my enemy, then terror entrepreneurs, which seek to overthrow their home country's government (the enemy), may find it attractive to target nationals of the foreign allies of their country (the friends of the enemy). The theory in this article predicts that attacking nationals of a foreign ally is particularly attractive if this ally is militarily more powerful than the home country. Moreover, the combined effect of alliance and relative power differentials becomes stronger the more democratic the ally and becomes weaker the more democratic the terrorists' home country. Empirical support for the hypotheses in this article is found in an analysis of a directed country dyad sample of international terrorism.     

Model specification in the analysis of spatial dependence

The recent surge in studies analysing spatial dependence in political science has gone hand‐in‐hand with increased attention paid to the choice of estimation technique. In comparison, specification choice has been relatively neglected, even though it leads to equally, if not more, serious inference problems. In this article four specification issues are analysed. It is argued that to avoid biased estimates of the spatial effects, researchers need to consider carefully how to model temporal dynamics, common trends and common shocks, as well as how to account for spatial clustering and unobserved spatial heterogeneity. The remaining two specification issues relate to the weighting matrix employed for the creation of spatial effects: whether it should be row‐standardised and what functional form to choose for this matrix. The importance of these specification issues is demonstrated by replicating Hays' model of spatial dependence in international capital tax rate competition. Seemingly small changes to model specification have major impacts on the spatial effect estimates. It is recommended that spatial analysts develop their theories of spatial dependencies further to provide more guidance on the specification of the estimation model. In the absence of sufficiently developed theories, the robustness of results to specification changes needs to be demonstrated.     

Linking Gender,Minority Group Status and Family Matters to Self‐Control Theory: A Multivariate Analysis of Key Self‐Control Concepts in a Youth‐Gang Context

The variable roles of family, gender, and race are underdeveloped in Gottfredson and Hirschi's general theory of crime, also called self control and propensity‐event theory. Using cross‐sectional data generated as part of the National Evaluation of the Gang Resistance Education and Training program, we assessed the links between the self‐reported gang involvement of 5,935 eighth‐grade public school students residing in eleven widely dispersed cities and their levels of self‐control, gender, minority group status, and family context. We found that youths with low self‐control levels reported that they were more deeply involved in gangs than youths with high self‐control, as were youths who were not closely monitored by their parents. We also found differences by gender, minority group status, and family structure. This article explores the limitations and implications of these findings for gang research, theory, and juvenile justice practice.     

FORGIVENESS AND FUNDAMENTALISM: RECONSIDERING THE RELATIONSHIP BETWEEN CORRECTIONAL ATTITUDES AND RELIGION*

Although research typically has failed to establish a relationship between religious affiliation and correctional attitudes, recent assessments have revealed that fundamentalist Christians tend to be more punitive than are nonfundamentalists. These studies have advanced our understanding considerably, but their conceptualization of religion and correctional attitudes has been limited. Using a statewide survey, the present study demonstrates that compassionate as well as fundamentalist aspects of religious beliefs are related to public correctional preferences. Further, our results reveal that religion influences support for rehabilitation as well as punitiveness. These findings suggest the need for scholars to think more broadly about the role of religion in criminology.     

Sovereignty and International Order

Abstract. Sovereignty may be threatened by obligations and relations with other nations, states or powers from either an “internal” or “external” perspective. In this paper, I argue that these obligations and relationships may be compatible with a state's sovereignty if we understand the proper nature of authoritative relationships. This requires a model of “rational authority” which places emphasis on the first-person perspective of the subjects to authority.     

Disproportionate Representation: Communities of Color in the Domestic Violence,Juvenile Justice,and Child Welfare Systems

A number of State and Federal surveys show that communities of color are involved with the domestic violence, child welfare, and juvenile justice systems at rates that are disproportionately higher than their population size. As courts are responsible for decisions that could propel families into these systems, it has become increasingly critical that judges become aware of these trends. This article will provide an overview of the current statistics on the disproportionate representation of communities of color in the domestic violence, child welfare, and juvenile justice systems. It will discuss the factors that are contributing to these trends and present preliminary recommendations for judicial leadership and decision making.