The Rule of Law and Authoritarian Rule: Legal Politics in Sudan

Mark Fathi, Massoud . 2013 . Law's Fragile State: Colonial, Authoritarian, and Humanitarian Legacies in Sudan . Cambridge University Press. Pp. xxii + 265. $109.99 cloth, $34.99 paper. Does the rule of law guarantee peace and democracy, as so many people in the development and governance field believe? What are the historical and sociocultural conditions that shape the way rule of law mechanisms work in practice? Mark Massoud's monograph tracing the changing dimensions of the rule of law in Sudan from its colonial period to the present offers an important perspective on these questions, casting doubt on the simple argument that the rule of law produces democracy and peace. Instead, he shows how colonial and authoritarian rulers used the rule of law to consolidate power and legitimate their rule. In Law's Fragile State: Colonial, Authoritarian, and Humanitarian Legacies in Sudan, Massoud develops the concept of legal politics, arguing that the way the rule of law works varies with the political system in which it is embedded. He concludes that the forms of legal politics that reinforce the power and authority of legal institutions are more likely to sustain an authoritarian state than to bring democratic rule. His analysis is a valuable caution to those who promote the rule of law as the salvation for all. Taking a sociolegal perspective, he shows how it works in practice.     

Lundquist,Gary (1999). Technology and the Agents of Change

The Journal of Technology Transfer -     

‘Mastaans’ and the Market for Social Protection Exploring Mafia Groups in Dhaka,Bangladesh

This paper presents a study of mafia groups in Bangladesh. Drawing on the views and experiences of 22 street children, 80 interviews with criminal justice practitioners, NGO workers and community members and over 3 years of participant observation of the criminal justice system, the paper considers the ‘mastaans’: Bangladeshi mafia groups. The article draws on both theories of protection and behaviour to develop a social protection theory of the mafia. The article considers the social networks of mastaan groups, their prevalence, where they operate, divisions of labour, the crimes that they commit and the associations that they have with politicians and the police. The paper demonstrates that mastaans work in alliance with corrupt members of the state and they provide access to services, resolve disputes, commit extortion and carry out a wide array of criminal activity, much of which relies on their monopolisation of violence to protect their illegal industries. The paper demonstrates—for the first time—that mafias operate in Bangladesh and draws on data gathered from both adults and children, the implications of which are discussed.     

“Rediscovery”, “Reinvigoration” and “Redefinition” in Perpetuity: Australian Engagement with India 1983–2011

For the past twenty‐five years Australia's bilateral relationship with India has been typified by an ongoing process of “rediscovery”, irrespective of whether Labor or Liberal administrations have steered foreign policy. This article explores the reasons why this might be the case by analysing Australia's foreign policy approaches to India spanning the period 1983 to 2011. It interrogates various Labor and Liberal strategies that have been mobilised to “reinvigorate” the relationship and searches for reasons why they have only been partially successful in strengthening Australia's rapport with India. The authors draw upon discussions with strategic affairs editors of India's major daily newspapers and current affairs journals to gain insights into Indian impressions of Australia from a political and foreign policy perspective.     

What is the prevalence of abuse in the deaf/hard of hearing population?

It is thought that deaf or hard of hearing individuals are at greater risk of abuse than the hearing population. The purpose of this paper is to systematically examine and integrate existing literature to determine the prevalence rates of neglect, emotional, physical and sexual abuse and intimate partner violence (IPV). A set of inclusion and exclusion criteria was determined. Following this a comprehensive search of numerous databases was conducted. Fourteen studies met the inclusion criteria. Eight studies reviewed the prevalence of sexual abuse, seven reviewed physical abuse, five reviewed emotional abuse, four reviewed neglect and six examined IPV. This exceeds 14 as numerous studies examined multiple types of abuse. Quality assessment indicated 12 studies were of ‘moderate’ quality and the remaining two were rated ‘good’ quality. Issues with similar samples, a tendency towards young, educated women within the IPV data, and small samples suggest caution is to be used when interpreting their results. The reliance on written measures and the absence of an interpreter or translation of materials in some studies further complicates the results. All types of abuse were found to be more prevalent within the deaf and hard of hearing population compared to the hearing population.     

The legal geographies of transnational cyber-prosecutions: extradition,human rights and forum shifting

This article describes legal and human rights issues in three cases of transnational online offending involving extradition requests by the United States (US). These cases were selected as all suspects claimed the negative impacts of autism spectrum disorders (ASDs) were sufficient to deny extradition on human rights grounds. We demonstrate how recent developments in UK and Irish extradition law raise human rights and prosecutorial challenges specific to online offending that are not met by established protections under domestic and internationally sanctioned approaches to extradition or human rights law. In these cases, although the allegedly unlawful conduct occurred exclusively online and concurrent jurisdiction enables prosecution at both the source and location of harm, we demonstrate why national courts hearing extradition challenges are extremely reluctant to shift the trial forum. We conclude by discussing the implications of the new geographies of online offending for future criminological research and transnational criminal justice.