The Embedded Epistemologist: Dispatches from the Legal Front*

In ordinary circumstances, we can assess the worth of evidence well enough without benefit of any theory; but when evidence is especially complex, ambiguous, or emotionally disturbing—as it often is in legal contexts—epistemological theory may be helpful. A legal fact‐finder is asked to determine whether the proposition that the defendant is guilty, or is liable, is established to the required degree of proof by the [admissible] evidence presented; i.e., to make an epistemological appraisal. The foundherentist theory developed in Evidence and Inquiry can help us understand what this means; and reveals that degrees of proof cannot be construed as mathematical probabilities: a point illustrated by comparing the advantages of a foundherentist analysis with the disadvantages of probabilistic analyses of the evidence in the Sacco and Vanzetti case (1921), and of the role of the statistical evidence in Collins (1968).     

美国的法律文化观点

<正> 近二十年来,"法律文化"这一概念已为众多美国学者所使用。它似乎是从政治学家那里借来的,后者自1956年以来就一直使用"政治文化"一     

Monopoly in the Marketplace: The Ideological Denial of Visas

The McCarran-Walter Act mandates the exclusion of nonimmigrant aliens from entry into the United States. Hundred of detentions and exclusions occur yearly under the Act, and Latin Americans appear to be disproportionately likely to be excluded.
This article argues that the Act, a Cold War statute, ignores current political reality and American self-interest. The exclusionary subsections provide no more protection from terrorists and other genuine internal security risks than is available from other statutes. But they reduce the exchange of people and ideas, including foreign policy issues; fuel a negative image abroad of America; and impermissibly burden the first amendment and equal protection rights of American citizens. This article proposes that the subsections in question be repealed and replaced with narrower statutes.     

PAROLEE RECIDIVISM IN CALIFORNIA: THE EFFECT OF NEIGHBORHOOD CONTEXT AND SOCIAL SERVICE AGENCY CHARACTERISTICS*

We studied a sample of reentering parolees in California in 2005–2006 to examine whether the social structural context of the census tract, as well as nearby tracts, along with the relative physical closeness of social service providers affects serious recidivism resulting in imprisonment. We found that a 1 standard deviation increase in the presence of nearby social service providers (within 2 miles) decreases the likelihood of recidivating 41 percent and that this protective effect was particularly strong for African American parolees. This protective effect was diminished by overtaxed services (as proxied by potential demand). We found that higher concentrated disadvantage and social disorder (as measured by bar and liquor store capacity) in the tract increases recidivism and that higher levels of disadvantage and disorder in nearby tracts increase recidivism. A 1 standard deviation increase in the concentrated disadvantage of the focal neighborhood and the surrounding neighborhoods increases the likelihood of recidivating by 26 percent. The findings suggest that the social context to which parolees return (both in their own neighborhood and in nearby neighborhoods), as well as the geographic accessibility of social service agencies, play important roles in their successful reintegration.     

‘A Natural and Voluntary Dependence’: The Royal Academy of San Carlos and the Cultural Politics of Art Education in Mexico City, 1786–1797

In this article, I explore the controversies that characterised the foundational years of the Royal Academy of San Carlos of Painting, Sculpture, and Architecture in Mexico City (1786–1797). They provide provocative insights into questions of competing agendas and ambitions among the artists and bureaucrats of the royal academy. They also illuminate contemporary understandings about the hierarchical relationships between a metropolitan power, Spain, and its American colonies and their visual culture and artistic production, which mirror broader political hierarchies and relationships of power and subordination.     

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.     

ADOLESCENT MARIJUANA AND ALCOHOL USE

Most tests of differential association theory focus on the basic relationships rather than the causal process specified by the theory. This study provides a more thorough test of Sutherland's differential association hypothesis by deriving and testing a causal model of alcohol and marijuana use among adolescents. The findings provide strong support for the causal process specified by differential association theory. However, two unexpected findings suggest that the theory may have to be modified to account for the differential impact of peer pressure, independent of internalized definitions, on individual behavior and for the differential impact of specific primary groups on the formation of individual definitions.