The Intensification and Bifurcation of Surveillance in British Criminal Justice Policy

This paper explores the relevance and applicability of recent theoretical developments in surveillance studies in the context of contemporary British criminal justice policy. It will be argued that surveillance now occupies a privileged position in official policy. In a raft of new policy initiatives undertaken either as part the general project to modernise the criminal justice system or in response to particular crises, the surveillant solution occupies the central stage. Thus, whether it be in response to anxieties over sex offenders, failures of social services in protecting children at risk, or the management of the prison population, for example, the policy response has been to increase the surveillance capacity of the state. In particular, in line with the new penology thesis we are witnessing an expansion of the generalised surveillance capacity, in relation to all citizens, which may be characterised as passive and reactive. Simultaneously, vestiges of the old criminology remain as an officially designated ‘hard core’ of persistent or problematic offenders subject to the full panoply of surveillance techniques, which are proactive, extensive and intrusive. Thus, we are witnessing both an intensification and a bifurcation of surveillance practice. This paper was prepared for the European Journal on Criminal Policy and Research special edition on Fear vs. Freedom post 9/11-The European Perspective.     

Anti-Discrimination Rights Without Equality

Anti-discrimination rights are nearly always thought to be justified or explained by equality, although the precise nature of this relationship is rarely considered. In this article I consider the two most plausible relationships, both of which are commonly at least implicitly asserted: that anti-discrimination rights are deontic equal treatment norms, and that anti-discrimination rights are instrumentally aimed at achieving telic equality. I try to show that, as a conceptual matter, anti-discrimination rights are not equal treatment norms: they do not require that all people (perhaps in a certain category) are treated the same. They allow for different treatment, but they prohibit different treatment only on some grounds. Although the suggestion that anti-discrimination rights are instrumentally aimed at telic equality (in some dimension) is conceptually plausible (like all instrumental relationships), it is most unlikely that anti-discrimination rights can be justified on this ground.     

Who needs fact when you’ve got narrative? The case of P,C&S vs United Kingdom

Legal arguments and judgements ostensibly rely for their credibility and persuasiveness on the presentation of factual claims and determination of facts through due process. While it should follow that proceedings that are undermined by disregard for facticity and due process should not appear credible or persuasive, in practice this is not always the case. In cases where narratives are not firmly underpinned by factuality and due process a series of narrative techniques and processes can be brought into play to enhance the persuasiveness and credibility of those narratives. These processes include the reliance on a narrative trajectory, the presentation of consensus, drawing on supportive discourses, the privileging of certain narrators and the smoothing over of contradictory evidence. This paper examines these processes in the case of P,C&S vs United Kingdom in which in the absence of fact and due process a local authority and the domestic courts in the UK constructed and confirmed a narrative of a dangerous mother.     

Reviews

Rudolf L. Tökés (ed.), Opposition in Eastern Europe. London and Basingstoke: Macmillan in association with St. Anthony's College, Oxford, 1979. xxiv + 306 pp. £12.00.

Hannes Adomeit and Robert Boardman (eds.), Foreign Policy Making in Communist Countries. Farnborough: Saxon House, 1979. 164 pp. $19.00.

C. G. Jacobsen, Soviet Strategic Initiatives: Challenge and Response, New York: Praeger, 1979. xiv+168 pp. £13.00.

Donald D. Barry & Carol Barner‐Barry, Contemporary Soviet Politics: An Introduction. Prentice‐Hall, Englewood Cliffs, N.J., 1978. ix + 406 pp.

T. H. Rigby, Lenin's Government: Sovnarkom 1917–1922. Cambridge: Cambridge University Press, 1979. xvi + 320 pp. £16.75.

Stephen White. Britain and the Bolshevik Revolution: A Study in the Politics of Diplomacy, 1920–1924. Macmillan, 1979. xiii + 317 pp. £12.00.

Roy Medvedev, The October Revolution. Translated by George Saunders; foreword by Harrison E. Salisbury. London: Constable, 1979. xv + 239 pp. £6.50.

Constantin A. Krylov. The Soviet Economy. How It Really Works. Lexington Books, 1979, xiv + 255 pp.

Jon Bloomfield, The Passive Revolution: Politics and the Czechoslovak Working Class, 1945–48. London: Allison & Busby, 1979. 290 pp. £10.00 (pb. £3.95).

Jan B. de Weydenthal, The Communists of Poland. Stanford: Hoover Institution Press, 1978. 217 pp. $7.95.

Leslie Dienes and Theodore Shabad, The Soviet Energy System. Washington: V. H. Winston & Sons, 1979. Distributed by Halsted Press, vii + 298 pp. £12.00.

R. S. Mathieson, Japan's Role in Soviet Economic Growth. Transfer of Technology since 1965. New York: Praeger, 1979. xxi + 278 pp.     

What is ‘fair compensation’ for death or injury?

This note demonstrates that David Friedman's recent assertion that, because full ex post compensation means that the potential injuror is overcompensating, ‘it follows that he will be overdeterred from imposing risk …’ cannot be supported, a priori, except in special cases. It is argued that this finding actually strengthens the case for compensation which is ‘fair’ as defined by Friedman.     

Youth and generation in South African history*

In recent years, “the youth” have captured (or perhaps recaptured) public attention in South Africa. This paper reflects on South Africa’s experience of generational conflict and places it in the broader context of South African history. After attempting to define “youth,” this paper makes two key points. First, far from being a recent development, generational tension has been a continuous feature of Southern African history since at least the late nineteenth century. Second, organized political mobilization is not the way this tension usually manifests itself. Mass youth politics is a specific phenomenon, which needs to be explained historically rather than assumed. The paper focuses on three historical examples to illustrate this: early migrant labor in South Africa, the formation of urban youth gangs, and the sustained youth uprising from 1976 until the early 1990s. It concludes with a tentative attempt to draw some parallels between that phase of rebellion and recent student upheavals.     

Capturing Brazilian society in movement: from cordiality to circulation and “spaces between” in Maria Augusta Ramos’s Futuro junho (2015)

ABSTRACT

This article analyses Maria Augusta Ramos’s 2015 observational documentary Futuro junho (Future June), filmed in the Brazilian city of São Paulo in the lead-up to the 2014 FIFA World Cup. Taking as its starting point a connection, established by one of the film’s four main “characters,” or subjects, between Brazilian historian Sérgio Buarque de Holanda’s influential work on cordiality and the idea of circulation between public and private spheres, the article explores how circulation (economic, urban, media, and cultural) is portrayed in the documentary, as well as how it foregrounds both spatial and temporal movements. This is complemented by a discussion of the film’s own circulation through attention to critical reviews which have debated the film’s success in documenting, in a timely way, a national conjuncture characterised by crisis and conflict as well as unpredictability and rapid change. The article argues that by imbricating and intertwining multiple cultures of circulation, and by drawing attention to the varied economic and urban experiences of its characters and the spaces between them, Futuro junho captures a Brazil in flux.