Ending the War with Al Qaeda

As long as we conceive of the fight with al Qaeda as a war, the fight will remain unwinnable and the goal of effective destruction will remain beyond our reach, according to the author. Historically speaking, modern wars require negotiated conclusions or the complete eradication of present and future threats. The former is politically impossible and the latter is historically unachievable.     

The state of the art in privacy impact assessment

There is growing interest in Europe in privacy impact assessment (PIA). The UK introduced the first PIA methodology in Europe in 2007, and Ireland followed in 2010. PIAs provide a way to detect potential privacy problems, take precautions and build tailored safeguards before, not after, the organisation makes heavy investments in the development of a new technology, service or product. This paper presents some findings from the Privacy Impact Assessment Framework (PIAF) project and, in particular, the project's first deliverable, which analyses the similarities and differences between PIA methodologies in Australia, Canada, Hong Kong, Ireland, New Zealand, the United Kingdom and the United States, with a view to picking out the best elements which could be used in constructing an optimised PIA methodology for Europe. The project, which began in January 2011, is being undertaken for the European Commission's Directorate General Justice. The first deliverable was completed in September. The paper provides some background on privacy impact assessment, identifies some of its benefits and discusses elements that can be used in construction of a state-of-the-art PIA methodology.     

The concept of desert and its influence on simulated decision makers' sentencing decisions

The concept of desert (the principle that punishment should be made proportional to the severity of the crime committed) is introduced against its philosophical and legal background. Discussion focuses on the role of desert in contemporary sentencing reform proposals and the relationship between desert and other goals of legal punishment. Previous empirical research has addressed a between-offense conception of desert and suggests proportionality does control individuals' responses to crimes differing in severity. Our research focuses on the operation of desert within offenses (or the balance of harm done and punishment deserved for the individual offender) within the context of crimes of increasing severity. Six experimental simulations varied the relativity of victim/offender suffering prior to sentencing. Results show that for a minor crime punishment is an inverse monotonic function of offender suffering, but for crimes of moderate and high severity only excessive offender suffering successfully mitigated punishment. The source of offender suffering made no difference, supporting earlier work by Kalven and Zeisel; suffering exerted no effect on conviction decisions. Overall results are viewed as demonstrating the influence of both within-and between-offense conceptions of desert and the importance of the symbolic and moral blame components of legal punishment.Work on this research was supported by a Russell Sage Foundation Law and Social Science Residency Fellowship awarded to the author. This paper is based in part on a paper delivered at the American Psychology-Law Society meetings, Chicago (1975). The author would like to thank Mary Kristine Utne, V. Lee Hamilton, and an anonymous reviewer for their many helpful comments on an earlier version of this paper.     

US Policy and the Nuclear Weapons Ambitions of the “Axis of Evil” Countries*

This article examines US policy as it pertains to the nuclear weapons objectives of what the Bush administration identified as the countries making up the “axis of evil,” pre-war Iraq, Iran and North Korea. Having drawn the same conclusion as that appearing in the 2000 report of the Project for the New American Century, which alleged the involvement of these countries in illicit activities relating to nuclear weapons, the Bush administration initiated an overtly hostile and accusatory policy toward each of these nations after 9/11.Undeterred by the paucity of evidence and the failure to find a nuclear weapons program (or any weapons of mass destruction) in Iraq, the Bush administration has remained relentlessly focused on the nuclear weapons ambitions of North Korea and Iran, all the while ignoring or minimizing diplomatic efforts that are not hegemonic and confrontational. This paper stresses that for the past several years the Bush administration has not hesitated in using questionable and uncertain information relating to the nuclear weapons objectives of the “axis of evil” countries, even though it has demonstrated no interest in eliminating US nuclear weapons as the Nuclear Nonproliferation Treaty obligates it to do.