The Profits of Recognition: A Praxeological Approach to Corporate Crime

This paper offers a methodological intervention into the study and understanding of regulation and compliance with respect to corporate crime. We advocate Pierre Bourdieu’s “praxeological” sociology as the bases for what we hold is an innovative model of regulation and compliance. The praxeological or relational approach offers structural analyses that take seriously the constructivist fixation with meaning, subjectivity, and perception without succumbing to the limitations of an interactionist conception of power. We first show theoretical affinities between the work of Pierre Bourdieu and Louis Althusser in order to highlight their shared concern with subject formation and their respective conceptions of “mis/recognition”. As this provides us with the theoretical basis of a more robust theory of regulation and compliance than is commonly found within the corporate crime literature, we argue that studies of corporate wrongdoing would benefit from rethinking the conceptions of compliance that currently shape corporate crime scholarship. We then demonstrate the benefits of this praxeological approach to regulation and compliance through discussion of the state’s efforts to discipline corporations through criminal law in Canada and the United Kingdom.     

Persuasion and Resistance: Race and the Death Penalty in America

Although there exists a large and well-documented "race gap" between whites and blacks in their support for the death penalty, we know relatively little about the nature of these differences and how the races respond to various arguments against the penalty. To explore such differences, we embedded an experiment in a national survey in which respondents are randomly assigned to one of several argument conditions. We find that African Americans are more responsive to argument frames that are both racial (i.e., the death penalty is unfair because most of the people who are executed are black) and nonracial (i.e., too many innocent people are being executed) than are whites, who are highly resistant to persuasion and, in the case of the racial argument, actually become more supportive of the death penalty upon learning that it discriminates against blacks. These interracial differences in response to the framing of arguments against the death penalty can be explained, in part, by the degree to which people attribute the causes of black criminality to either dispositional or systemic forces (i.e., the racial biases of the criminal justice system) .     

The merits of Neo-Downsian modeling of the alternative vote: A reply to Horowitz

In Professor Horowitz’s rejoinders (2004, 2006) to Fraenkel and Grofman (2004, 2006a), he mischaracterizes our formal results, retreats from previous claims about the conditions for the alternative vote electoral system to generate centripetal outcomes, renders explicit his dubious assumptions about voter behavior in divided societies, and greatly exaggerates the global evidence in support of pro-moderation outcomes under the alternative vote. Here we respond to Horowitz's (2004), criticism in this journal of the formal model of Fraenkel and Grofman (2004) and to the broader defense in Horowitz (2006) of majoritarian vote pooling arrangements as means of mitigating ethnic conflict in deeply divided societies.     

Turf wars: authority and responsibility for the investigation of mass graves

Mass graves are complex products of large-scale crimes. Such scenes pose four conceptual challenges to investigators and forensic experts: the individual victim, the crime, the setting, and the statistical. Exhumation and post-mortem examination of mortal remains with associated personal and forensic evidence require integrated management of core forensic personnel including investigators, archaeologists, anthropologists, odontologists and pathologists, among whom there is overlapping expertise. The key to avoiding competition and ill-will among experts is to recognize that all such experts should be enabled to make known how their expertise matches with the temporal and spatial boundaries of victim, crime and setting. In turn, they should be apprised of where they fit into the overall judicial process and their limits within the investigation. Consequently, each expert requires access to the factual background of the case, to the site and its contents throughout the investigation. Each forensic team member has a responsibility to influence the investigation--throughout its course when possible--to make findings within their areas of expertise, and to make these available to the rest of the team so as to contribute most meaningfully to the aims of the investigation, both forensic and humanitarian. The on-site crime scene manager has an overarching role to enable integrated access to the complete scene and its contents by each forensic expert team member. In other words, the forensic scientist is given access and the ability to influence the investigation while control of evidence from the site as to identity and criminal activity are maintained by the crime scene manager. This contribution is directed at both the crime scene manager and each forensic expert; it describes the essential spatial and temporal parameters of an expert's opinion so as to encourage cooperation, and discourage conflict, within the forensic team.     

Democratization and political corruption in the Philippines and South Korea: A comparative analysis

The Philippines and South Korea have long had difficult corruption problems. More recently, both have experienced significant democratization. This article compares the two cases, first developing an analysis of corruption in each country, then laying out their reform strategies and assessing their effectiveness, and finally exploring the contrasting relationships between democratization and corruption that are found in these countries. The Philippines confront reformers with more difficult challenges, beginning with the size and decentralization of the society, but other contrasts are important as well. The political will required to produce successful reform has been lacking in the Philippines, for a variety of reasons, while recent anti-corruption initiatives in Korea have had stronger backing. Recent Korean reforms also emulate the successful approaches of Singapore and Hong Kong in important ways. By itself, democratization will not check corruption in either country, but where reform is accompanied by significant resources and where democratic accountability complements political will--more true of Korea than of the Philippines--significant progress can be made.     

Trainees,trainers and the training of trainers: Reform of local administration in Russia

Power at the centre of the Russian state is divided, weak and lacking in legitimacy although management in the regions, while formally bureaucratic, also depends for its effectiveness on relationships of patronage and exchange of favours. In these circumstances, the design and implementation of a reform programme for the civil service is a brave endeavour, and one which is likely to be protracted and punctuated by setbacks. Paradoxically, although there is acknowledged to be a great need for training and retraining, there are also large obstacles to applying the new knowledge and skills. This predicament is compounded by deficiencies in the provision for training. These inauspicious conclusions have implications for strategies of technical assistance and, in particular, the danger that such initiatives unintentionally become part of the problem rather than its solution. The article draws upon three visits by the author to Western Siberia as part of two EU TACIS projects.