State‐Building and the European Union's Fight against Corruption in the Southern Caucasus: Why Legitimacy Matters

This article asks under which conditions the state‐building efforts of external actors in areas of limited statehood are likely to be effective. We argue that the legitimacy of the specific norms promoted by external actors among local actors is crucial for their success in strengthening state capacities. International efforts need to resonate with prevalent social norms. To substantiate this argument, we focus on the European Union's (EU) anticorruption programs and their implementation in one of the most corrupt regions in the world, the Southern Caucasus. We show that legitimacy can explain why the EU's fight against corruption helped reduce corruption in Georgia but not in Armenia. In both countries, political elites could selectively use anticorruption programs as an instrument against political opponents, using enhanced state capacities to stabilize the incumbent regime. Only in Georgia, however, was the fight against corruption facilitated by sustained domestic mobilization for anticorruption policies that added pressure on political elites “from below.”     

‘The biggest gang in Oakland’: re-thinking police legitimacy

Literature defining ‘police legitimacy’ lacks qualitative research on those populations most often targeted by law enforcement agencies, including people of color in urban areas. This same literature defines police legitimacy as something unquestionable and automatic. Exploration of this concept is limited to strategies to increase public ‘trust’ in police, and public compliance to their authority. We address these limitations in the available scholarship through an analysis of interviews with a diverse sample of Oakland (CA) residents on their experiences with the Oakland Police Department (OPD). Their narratives are presented in the historical context of controversy, budget problems, federal investigations, and racialized violence that help to define the relationship between OPD and Oakland communities. Those interviewed, universally observed OPD’s failure to address the most common crime problems in the city, while others, particularly people of color, found them to be a personal or public threat to safety. Their narratives fly in the face of the manifest functions of municipal police forces, are fully supported by the contemporary empirical history of the OPD, and suggest the illegitimate authority – including the monopoly on the use of force – of organizations like OPD in a democratic society.     

The Duty to Protect the Victim – Or the Duty to Suffer Punishment?

This paper addresses The Ends of Harm by Victor Tadros. In it, I attempted to explore some of the implications of Tadros’s theory of punishment, particularly those following from the uneasy relationship between punishment of the offender (D) and D’s duty to protect the victim (V) from future harm. Among my concerns were: the apparent underinclusiveness of Tadros’s theory of punishment; the vague and unpredictable scope of D’s liabilities; the taking away by the state of V’s right to be protected; and the lack of inherent limitations on the appropriate forms and amounts of punishment. I also questioned the true meaning of the duty incurred by D as a result of D’s wrongdoing and suggested that protection of Vs from future harm may not be as essential to Tadros’s justification of punishment as he has argued.     

Vice is Nice But Incest is Best: The Problem of a Moral Taboo

Incest is a crime in most societies. In the United States, incest is punishable in almost every state with sentences going as far as 20 and 30 years in prison, and even a life sentence. Yet the reasons traditionally proffered in justification of criminalization of incest—respecting religion and universal tradition; avoiding genetic abnormalities; protecting the family unit; preventing sexual abuse and sexual imposition; and precluding immorality—at a close examination, reveal their under- and over-inclusiveness, inconsistency or outright inadequacy. It appears that the true reason behind the long history of the incest laws is the feeling of repulsion and disgust this tabooed practice tends to evoke in the majority of population. However, in the absence of wrongdoing, neither a historic taboo nor the sense of repulsion and disgust legitimizes criminalization of an act.     

Actual and expected deprivation: Northern Mexico in the 1980s. A research note

This paper examines the relationship between objective and subjective effects on household spending in a situation of economic crisis based on data derived from a survey conducted in 1985 in the industrial city of Monterrey in northern México. The analysis focuses first on historical developments in income through a longitudinal study of income distributions since these can be considered to be the historical conditions of the two types of deprivation studied. Using family budgets, we were able to describe actual and expected effects of the crisis in terms of the reductions in spending that it provoked. Finally, using regression analyses, the relations between both kinds of effects and the personal history of the respondents, taken to represent the individual counterpart of historical conditions, are examined. Neighborhood SES and occupational level are found to be significant predictors of both objective and subjective deprivation. The best predictor of subjective effects are the actual ones. The phenomenon of relative deprivation appears to be conditioned by the context of societal development in northern México. Menno Vellinga is a senior lecturer at the Center for Caribbean and Latin American Studies at the State University of Utrecht in The Netherlands. The author and co-author of several books on Latin America, his latest is an edited collection of original works onThe Prospects of Social Democracy in Latin America (Westview, 1992). Hernan Vera is an associate professor of Sociology at the University of Florida. The author of a book on the Profession of Catholic Priests, and several dozen articles, he is currently working in the field of race relations in which a book coauthored with Joe Feagin (Routledge, 1994), is forthcoming. Soon-Rae Lee is a 1993 University of Florida Ph.D. in Sociology. He is currently at the Department of Juvenile Justice of The Korean Institute of Criminology in Seoul, South Korea. His main interests are in the field of deviance and criminology.     

Tissue distribution of trichloroethylene in a case of accidental acute intoxication by inhalation

This article describes the toxicological findings in a fatality due to an accidental inhalation of trichloroethylene which took place during wall coating of a poorly ventilated well using trichloroethylene. The man was wearing protective clothing and a mouthmask with adsorbent. He was found dead on the floor of the well 5h after descending. Trichloroethylene was added to the mortar to enhance drying. Identification and quantitation of trichloroethylene in the postmortem samples (blood, lung, liver, kidney, stomach content and bile) and identification of its metabolite trichloroacetic acid in urine was performed using static headspace gas chromatography with mass spectrometric detector. The compounds were separated on a CP-SIL 5CB Low Bleed/MS column using n-butanol as internal standard. The method was linear over the specific range investigated, and showed an accuracy of 104% and an intra-day precision of 11%. Trichloroethylene concentrations of 84mg/l in subclavian blood, 40mg/l in femoral blood, 72mg/kg in liver, 12mg/kg in kidney, 78mg/kg in stomach content, 104mg/l in bile and 21mg/kg in lung were found. Trichloroacetic acid was identified in the urine.     

Institutional design and organisation of the civil protection national system in Mexico: the case for a decentralised and participative policy network

Mexico established the Civil Protection National System (CPNS) following the disastrous 1985 earthquake that killed nearly 10,000 people and devastated large sections of Mexico City. The institutional design and structure of the CPNS embraced citizen demands for greater participation in the Federal government's disaster prevention and response programmes. The authors examine the Federal government's response to disasters since 1985 and conclude that the CPNS operates in a manner that is contrary to the precepts that shaped its design and structure. The authors conclude that orthodox beliefs and assumptions about disasters rationalise the current operations of the CPNS. They argue that a holistic perspective of disasters, rather than a change in institutional design and organisation, is required in order to operationalise intergovernmental cooperation and citizen participation. Copyright © 2005 John Wiley & Sons, Ltd.     

Critical legal and environmental view on the Ramsar Convention in protection from invasive plant species: an example of the Southern Pannonia region

The emergence and continued expansion of one of the most dangerous causes of biodiversity loss and habitat alteration such as invasive species at some Ramsar wetlands of the Southern Pannonia raise a series of questions of both an environmental as well as a legal character relevant to these fragile ecosystems. The Ramsar Convention provides a set of general instructions and guidelines, but it does not establish an adequate mechanism of sanctions that could be imposed on states or individuals who violate its provisions. Fully aware of the importance of wetlands and their wildlife for a healthy living environment and human welfare, the authors of this paper describe the present conditions of invasive plant species at some Ramsar Sites and briefly analyze the current legal framework for the implementation of the Ramsar Convention. Finally, the authors propose innovative normative solutions that would improve the protection of wetlands and contribute to the suppression and prevention of the presence of invasive species not only in this region, but also worldwide.     

Driver's Licenses for All? Racialized Illegality and the Implementation of Progressive Immigration Policy in California

Progressive subfederal immigration policy aims to reduce the consequences of illegality for undocumented immigrants. Drawing on interviews with representatives from immigrant‐serving organizations in California, we examine the case of Assembly Bill (A.B.) 60 driver's licenses to assess whether all Californian undocumented immigrants have equal access to a driver's license. Although A.B. 60 was race‐neutral legislation, we argue that its implementation was shaped by racialized migration histories and that it reproduces racialized illegality. Specifically, the deep history of undocumented Mexican migration to California has shaped the institutional capacity of nonprofit and community organizations, foreign consulates, and the Department of Motor Vehicles to advocate for, implement, and serve A.B. 60 applicants. As a result, Spanish‐speaking, Latina/o/x immigrants, particularly those of Mexican origin, experience greater access to A.B. 60 driver's licenses. To combat this, organizations actively worked to reracialize illegality as an issue that also affects non‐Latino populations. Ultimately, we demonstrate that the construction and experience of illegality are deeply tied to race and place.