Political Neutrality and Punishment

This paper is concerned with the tensions that arise when one juxtaposes one important liberal understanding of the nature and use of state power in circumstances of pluralism and (broadly) retributive accounts of punishment. The argument is that there are aspects of the liberal theory that seem to be in tension with aspects of retributive punishment, and that these tensions are difficult to avoid because of the attractiveness of precisely those features of each account. However, a proper understanding of both liberalism and retributive punishment allows us to dissolve some of the tensions whilst also bringing each position into sharper relief. The paper begins by introducing the liberal position and outlining the apparent tensions that may arise with retributive punishment. In so doing, there is also a brief discussion of how this debate relates to the more familiar dispute between legal moralists and their opponents. The paper then proceeds by considering each of the areas of tension in turn.     

T-Test for Terrorism: Did the Introduction of Proportional Representation Reduce the Terrorist Threat? A Time-Series Case Study of Algeria and Northern Ireland

Can electoral reform lead to a reduction in the number of terrorist incidents? Economists have shown that the introduction of constitutional institutions such as courts in the early eighteenth century had a direct effect on investment. Could there be a similar link between the introduction of proportional representation (PR) electoral systems and a reduction in the number of terrorist attacks? Previous studies using cross-sectional data have found a negative correlation between the presence of PR-electoral systems and the number of terrorist incidents. However, earlier studies were based on aggregate figures, not on time-series data. They did not provide a direction that could be used to measure the possible effect of the introduction of PR. This research note addresses this problem. Using a paired samples t-test it is possible to show that the introduction of proportional representation in Northern Ireland and Algeria led to a marked reduction in the number of terrorist attacks. The note thus adds strength to earlier studies.     

Sex,Biological Functions and Social Norms: A Simple Constructivist Theory of Sex

Feminist theory needs a constructivist account of biological sex for at least two reasons. The first is that as long as female and male are the only two sexes that are taken for granted, being cisgender, heterosexual, and preferably a parent will be the norm, and being intersexed, transgender, bi- or homosexual, infertile or voluntarily childless will be deemed failure. The second is the fact that, usually, sex and gender come together in the way that is expected, i.e. the fact that most females are women and most males are men needs to be explained. This paper provides a constructivist theory of sex, which is that the sex categories depend on norms of reproduction. I argue that, because the sex categories are defined according to the two functions or causal roles in reproduction, and biological function is a teleological concept involving purposes, goals, and values, female and male are normative categories. As there are no norms or values in nature, normative categories are social constructions; hence, female and male are not natural but social categories. Once we understand that biological normativity is social, biological norms of heterosexuality, fertility, and so on are no longer incontestable. In addition, as many gender norms also concern reproduction—socially mediated reproduction—this simple theory of sex explains the common confluence of sex and gender.     

Alachua free‐net: Looking for the First Amendment at one outpost on the information highway*

Many communities are developing civic computer networks to provide citizens with free access to local information resources and the Internet. However, most networks restrict both commercial speech and any language deemed “objectionable.”; Whether such broad discretionary power violates the First Amendment depends on whether the networks are state actors. An examination of one such network, Alachua Free‐Net, reveals a close symbiotic relationship between the network and several local government entities. Symbiotic relationships between the state and a private party in other contexts have been held by the courts to constitute state action. Thus, Alachua Free‐Net appears to be a state actor and must conform its speech restrictions to the requirements of the First Amendment. Moreover, whether state actors or not, civic computer networks such as Alachua Free‐Net should commit themselves to providing full First Amendment freedoms to their users.     

The Severe 5%: A Latent Class Analysis of the Externalizing Behavior Spectrum in the United States

Objective

Criminological research consistently demonstrates that approximately 5% of study populations are comprised of pathological offenders who account for a preponderance of antisocial behavior and violent crime. Unfortunately, there have been no nationally representative epidemiological studies characterizing the severe 5% group.

Materials and Methods

Data from the 2001-2002 National Epidemiologic Survey on Alcohol and Related Conditions (NESARC), a nationally representative sample of 43,093 non-institutionalized U.S. residents aged 18 years and older were analyzed using latent class analysis to assess sociodemographic, psychiatric, and behavioral characteristics.

Results

Four-classes of respondents were identified vis-à-vis lifetime externalizing behaviors. A normative class (66.1% of respondents) demonstrated little involvement in antisocial conduct. A low substance use/high antisocial behavior class (20.7% of respondents) and high substance use/moderate antisocial behavior (8.0% of respondents) class evinced diverse externalizing and psychiatric symptoms. Finally, a severe class (5.3% of respondents) was characterized by pathological involvement in more varied and intensive forms of antisocial and externalizing behaviors and extensive psychiatric disturbance.

Conclusions

The current study is the first nationally representative epidemiological study of criminal careers/externalizing behavior spectrum in the United States and validates the existence of the 5% pathological group demonstrated by prior research.