Penal ideology, sentencing and the legitimacy of trial justice

The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the ‘rule of law’. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of ‘justice’ in sociological accounts of the ‘reality’ of sentencing, and proposes an analytical framework for conceptualising this. Adopting this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial‘s ‘relevant audience’. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in international criminal trials, and considers the consequences of this for the perceived ‘legitimacy’ of international trial justice.     

Do Women Representatives Regender Legislative Bureaucracy? Assessing the Effect of Representative Sex on Women's Presence among US Congressional Staff

Achieving greater female presence in influential positions is a commonly discussed strategy for gender reform in institutions such as the US Congress. Using theory adapted from research on gender in the workplace, this study examines whether women representatives, as ‘managers’ of congressional offices, alter patterns of gender representation in Congress by hiring and promoting more women staffers compared with men representatives. Cross-sectional logistic regression analyses of staffer sex during the 110th and 111th Congresses (2007–10) reveal a positive relationship between women representatives and female presence on congressional staffs. However, the relationship does not hold with respect to the most influential staff positions. These findings provide only limited support for theories that women representatives act as ‘change agents’ by directly facilitating opportunities for women, and highlight the importance of exploring alternative strategies for empowering women and regendering legislative institutions.     

THE HEALTH CARE FINANCIAL CRISIS: REORGANIZATION AND EVIDENCE-BASED MEDICINE AS A RESPONSE TO AN "UNHOLY TRINITY"

The key issues of the health care system are often conceptualized as involving three basic dimensions: 1) the quality of health care provided, 2) access to the health care system, and 3) the cost of health care. Following two decades of rapidly escalating health costs throughout advanced industrial societies, the relationships among these three dimensions now constitute what has been called an “unholy trinity” in that improvements along one dimension will almost inevitably provoke problems in terms of one or both of the others. This symposium examines two distinct types of reform that have been developed in response to the crisis in health care costs. The first focuses upon attempts to reorganize existing institutions in order to make them more effective and cost‐efficient. The second considers the move toward “evidence‐based medicine,” that is, more critically evaluating health care outcomes to make sure that treatments are effective and cost‐efficient.     

Politicians Using History

The political potency of national history has been understood for generations. Yet there has been an unquestionable surge in history's political influence over the last twenty or thirty years, as the various history wars that have broken out around the world attest. Australia has been no exception: disputes over its national story continue to generate considerable controversy in the media, in politics and in public debate. But how has this politicisation of the past affected Australian political history in the present? This paper examines how history is practised in contemporary Australian politics — and notices an increasingly strategic use of the past by politicians in recent years.     

National unity and reconciliation in Rwanda: A flawed approach?

This article examines the Rwandan government's national unity and reconciliation policy and one of its key elements, the National Unity and Reconciliation Commission (NURC). It contends that while the NURC potentially represents an innovative model that other post-conflict societies could adapt and use, the central premise on which both the commission and the government's broader national unity and reconciliation policy are based is critically flawed. The unity that they are endeavouring to achieve, as a vehicle for reconciliation, relies upon a negation of ethnicity – a core component of the 1994 genocide – and hence does not allow for an open and honest engagement with the past. The problem is further compounded by the government's attitude towards the prosecution of crimes committed by the Rwandan Patriotic Front (RPF), which not only demonstrates that ethnicity remains highly significant but also underscores the incomplete and partial way in which the past is being addressed.     

Which Cosmopolitanism? Whose Empire? Or Why the Schmittian Charge of “Liberal Imperialism” is Only Half Right

This article examines the Schmittian-inspired charge that liberalism is intrinsically imperialistic and that it dehumanises alternative illiberal political projects in ways that lead to disproportionate and indiscriminate violence. It focuses specifically on the charge that the US war on terror is the latest manifestation of this kind of liberal imperialism. Such an argument only makes sense when liberalism is combined with exclusionary modes of nationalism and realism. This synthesis underpins the “hard Wilsonianism” of American neoconservatism. The article argues that the Schmittian-inspired charge of imperialism cannot be properly directed at the more inclusionary cosmopolitan forms of liberalism, which is illustrated with reference to the Rome Statute of the International Criminal Court.