“Rose is a rose is a rose is a rose” – what about code and law?

Law and information technology are interlinked. Since Lessig's “code is law” the discussions address the viability of law in technology markets. But recently, the direction of view has changed by way of conversion; in the context of smart contracts, the notion “law is code” became prevalent. The contribution looks into the interdependencies between law and code and pleads for a new functional understanding of law.     

Civil war and the coalition government of democratic Kampuchea

This article explores the relationship between the politics of international development and the reproduction of global inequality. I argue that contemporary discourses about— and the practices of—‘development for developing countries’ represent an attempt to reconstitute the political utility of the ‘Third World’. In an era of globalisation the deployment of the notion of a Third World of ‘developing countries’ which require immediate, systemic attention through the discourse and practice of international development continues to provide a way of both disciplining and displacing the global dimension of social and political struggle. I refer to this dynamic in terms of the political utility of the Third World, which, I argue, has been conducive to the organisation of global capitalism and the management of social and political contradictions of inequality and poverty. I develop this argument by drawing on the historical implications and legacy of ‘international development’ as practised in and on the Third World and through a critical analysis of the methodological premises that constitute international development. I illustrate this by drawing on a key strategy aimed ostensibly at development: the Poverty Reduction Strategy Papers (prsp) approach, promulgated by the World Bank and the imf, which I discuss in relation to the ‘development agenda’ inaugurated during the 1999 wto meeting in Doha (Qatar). I argue that the ideology and practice of the global politics of international development reinforce the conditions of global inequality, and must be transcended as both an analytical framework and an organising principle of world politics. While the prsp and related approaches are currently presented as key elements in the building of the ‘architecture for (international) development’, what is emerging is a form of governance that attempts to foreclose social and political alternatives.     

ETA: From secret army to social movement – the post‐Franco schism of the Basque nationalist movement

Under the Franco dictatorship, post‐Civil War generations of Basques grew up in a climate of physical violence and symbolic repression. Through the imposition of controls on all manifestations of Basque cultural and linguistic expression, the Spanish state transformed even the simplest of actions into defiant symbols of Basque identity. Rejecting, as ineffectual, attempts by the existing Basque Nationalist Party (PNV) to defend Basque culture, the more militant members of the PNV's youth organization attempted to stimulate a radical ethnic movement through a new organization, Euskadi ‘ta Askatasuna [Basque Homeland and Freedom (ETA)]. From its founding in 1959, ETA's principal goals have been the achievement of Basque independence and the revival of Basque culture and language. Its principal strategy has remained armed resistance to Spanish rule. To date, ETA has been responsible for approximately 600 deaths. In this article, we focus on the strategic and organizational evolution of ETA from secret army to social movement in the post‐Franco era. In particular, we seek to clarify the role that violence plays in the symbolic conflict of Basque/Spanish collective identities and to identify how the democratization process has influenced the strategies and tactics adopted by ETA as well as by those political organizations which have emerged from ETA and its numerous factions.     

How democracy ends,by David Runciman

In 2006, Poland and Romania embarked on renewed lustration programmes. These late lustration policies expanded the scope and transparency measures associated with lustration as a form of transitional justice. While early lustration measures targeted political elites, late lustration policies include public and private sector positions, such as journalists, academics, business leaders, and others in ‘positions of public trust’. Given the legal controversy and moral complexity surrounding lustration, why lustrate so late in the post-communist transition and why expand the policies? The dominant explanation is that lustration is a tool of party politics and is a threat to democratic consolidation. However, the late lustration programmes do not fit this hypothesis neatly. The new laws have been restructured and packaged with other reform programmes, specifically anticorruption programmes. Late lustration has evolved to include economic and social, as well as political concerns. As such, some post-communist governments in Central and Eastern Europe appear to be trying to use lustration as a way to further the democratic transitions by addressing remaining public concerns about corruption, distrust, and inequality.     

The Quantitation of Cocaine on U.S. Currency: Survey and Significance of the Levels of Contamination

It has long been suspected that the illicit distribution of cocaine in the United States has led to a large‐scale contamination of the currency supply. To investigate the extent of contamination, 418 currency samples (4174 bills) were collected from 90 locations around the United States from 1993 to 2009. The extent of their cocaine contamination was quantitated via gas chromatography/mass spectrometry or liquid chromatography/mass spectrometry. The level of cocaine contamination was determined to average 2.34 ng/bill across all denominations ($1, $5, $10, $20, $50, and $100). Levels of cocaine contamination on currency submitted to the Federal Bureau of Investigation Laboratory in criminal cases over the 1993–2001 timeframe had significantly higher contamination than currency in general circulation. A mathematical model was developed based on the background survey that indicates the likelihood of drawing a bill in specific concentration ranges. For example, there is a 0.8349 likelihood that random bill will have contamination less than 20 ng.     

Evaluation of the ADViSOR project: Cross‐situational behaviour monitoring of high‐risk offenders in prison and the community

Purpose. The release on licence of prisoners who have committed serious violent and/or sexual offences requires rigorous risk assessment and risk management. This study evaluates the ADViSOR project, designed to examine the contribution of prison behaviour monitoring to community supervision of a sample of the highest risk offenders released in England and Wales under Multi‐Agency Public Protection Arrangements (MAPPA). Method. The offence‐related behaviour of a total group (n= 25) of MAPPA prisoners in one prison, due for release in the following year to two adjacent probation trust areas, was monitored. Their behaviours in the community were followed up for 1 year. A comparison group (n= 36) was formed of the total number of MAPPA prisoners released from prisons nationally to the same two probation trusts. Results. The frequencies of ADViSOR negative behaviours in prison and the community were strongly correlated, r_s (25) = .55, p= .004, as were positive behaviours, r_s (25) = .56, p= .004. No statistically significant correlations were found either under usual MAPPA processes in the ADViSOR prison or comparison group prisons. The frequency of ADViSOR negative behaviours statistically significantly predicted, with 92% accuracy, the offenders who would reoffend or be recalled to prison (n= 8). Statistically significant similarities in types of behaviour were also identified. Conclusion. Results are discussed in terms of the contribution of behavioural monitoring to risk prediction with high‐risk offenders, consistency of cross‐situational behaviours, and implications for policy and practice.     

Discovering a sense of well-being through the revival of Islam: profiles of Kazakh imams in Western Mongolia

Throughout Central Asia, the end of communism has been marked by a significant change in the management and influence of local mosques. In many rural areas, small underground mosques operated by informally trained, elderly moldas have been supplanted by newly constructed mosques led by younger, foreign-educated local imams and financed by governmental and private donations from Turkey, Saudi Arabia, and other countries. From several perspectives, this ‘revival’ of Islam is characterized in a way that implies that increased religiosity and piety is somewhat problematic. In this essay, based on six months of ethnographic fieldwork in Western Mongolia, we argue that such an approach prevents an understanding of how religious changes are enhancing the social and material well-being of certain actors. We explore the utility of the concept of well-being by focusing on the everyday lives of Kazakh imams in Western Mongolia. Approximately 100,000 ethnic Kazakhs live in the Western Mongolian province of Bayan-Ölgii, where they comprise about 80% of the population. Although a significant portion of the population has been migrating to Kazakhstan in the post-socialist period, the Kazakhs who choose to remain in Mongolia have experienced a significant increase in religious freedom. In this context, the new cohort of imams is playing an important mediating role as members of the local population reinterpret and renegotiate their identity as Muslims. In addition to finding spiritual well-being through their knowledge of Islam, these imams are acquiring social status and economic security from their local roles as religious leaders and through their transnational connections with a broader Muslim community.     

Early onset offending and later violent and gun outcomes in a contemporary youth cohort

Currently there is great concern regarding the high homicide rate and persistent weapon carrying among urban youth. Criminal career research has offered criminology an opportunity to understand offending as a process that has a beginning, middle, and end. Using that framework, the current study examined a contemporary cohort of arrestees and estimated the extent to which age of first arrest predicts future violent and gun offending. Net of demographic and offending variables, the results indicated that early onset was a significant predictor of serious violent offenses and weapon involvement. Theoretical and policy implications of these findings are discussed.     

STATEWIDE INITIATIVES TO ENCOURAGE ALTERNATIVE DISPUTE RESOLUTION AND ENHANCE COLLABORATIVE APPROACHES TO RESOLVING FAMILY ISSUES

Over the past 27 years, since the concept of the multidoor courthouse was first introduced, methods for resolving family issues have increasingly focused on less adversarial and more collaborative approaches. Infrastructures have developed in a variety of ways in different states to initiate, support, and promote these approaches, and pilot projects have provided an invaluable avenue for testing and implementing changes. This article will describe some of the current statewide initiatives to develop infrastructure and implement change through creative pilot projects and will propose strategies to sustain these changes.