Sources,Recognition and the Unity of the Legal System

A critical analysis of Kelsen’s theory leads to a broad concept of custom, which covers diverse types of customary norms, where the always required conviction of legal bindingness depends on different types of factual and normative reasons. In it we should include a strict concept of custom or legal usage, derogating custom, custom of general international law, custom that establishes an unwritten constitution, custom that establishes a new written constitution, judicial custom which creates a rule of precedent and custom newly expressed in the judicial application of customary rules. The basic norm could be formulated as a constitutive norm: ‘If the norms created through the first historical constitution are effective, then the first historical constitution (and all the norms derived from it) are valid.’ It is thus a customary constitutive rule that recognizes the first historical constitution as valid law. Norms which establish sources of law are constitutive rules, they can be customary norms or legislated norms, but if they are legislated, they have their validity recognized by, directly or indirectly, a constitutive customary norm. By using a broad concept of custom as a conventional practice, Hart implies that general recognition of a customary rule, together with the practice that accompanies it, are sufficient conditions of validity. A doctrine of recognition that is arrived at by means of criticism and a rational reconstruction of the doctrines of Kelsen and Hart regains the essential theses of the traditional recognition theory of Bierling and Engisch.

     

Justice in democratic transitions

Transitional Justice: How Emerging Democracies Reckon with Former Regimes, Vol.1 General Considerations edited by Neil J. Kritz. Estover, Plymouth: Plymbridge Distributors Ltd. Pp.xxx + 604. £36.95. ISBN 1 878 37945 3

Transitional Justice: How Emerging Democracies Reckon with Former Regimes, Vol.2 Country Studies edited by Neil J. Kritz. Estover, Plymouth: Plymbridge Distributors Ltd. Pp.xl + 780. £31. ISBN 1 878 37943 7

Transitional Justice: How Emerging Democracies Reckon with Former Regimes, Vol.3 Laws, Rulings and Reports edited by Neil J. Kritz. Estover, Plymouth: Plymbridge Distributors Ltd. Pp.xxxii + 834. £36.95. ISBN 1 878 37944 5     

The politics of human rights in democratic Brazil: ‘A lei não pega’

In spite of the important democratic advances registered since Brazil returned to democracy in 1985, widespread human rights violations associated with the right to life continue to be reported. This article examines the nature of human rights violations and the government's attitude to them. Since 1985 there has been a fundamental shift in the relationship between the perpetrators of violations and the state authorities, in the identity of the victims, the motives behind the crimes and the political context in which they take place. During the same period the governments’ response to human rights violations has evolved from a reactive to a pro‐active strategy, culminating in the launching of the country's first National Plan for the Protection of Human Rights, in May 1996. The article concludes that despite some positive developments, the underlying causes, pattern and intensity of human rights violations continue essentially unabated.     

Family Leave and Law Enforcement: A Survey of Parents in U.S. Police Departments

The women of United States police departments challenge traditional gender role expectations by exhibiting equal competence in a job with a masculine identity. Women also modify police culture in a myriad of ways, one of which is through the special work-related needs that accompany motherhood. Results from a survey of police officers suggest that gendered perceptions regarding work and family persist indicating that a value shift within police departments has occurred. Findings derived from qualitative responses suggest that women’s entry in policing, along with shifting societal attitudes about work and family, could transform the institution’s “hegemonic masculinity,” an enduring characteristic of many police departments.     

The impact of agency context, policies, and practices on violence against police

This study examined agency-level factors that impact the level of violence against police. The independent variables represented both agency context (e.g., violent crime rate, population characteristics) and agency policies and practices (e.g., backup and body armor policies) and were linked to constructs within routine activities theory. Information on agency policies and practices came from an agency survey. Data for the dependent variable―agency counts of officer killings and assaults over a three-year period―came from the National Incident-Based Reporting System (NIBRS). Negative binomial regression was used to assess the impact of the independent variables on the dependent measure. Three of the independent variables—measuring body armor policies, agency accountability, and violent crime—had statistically significant relationships with violence against police.     

Modeling the Social and Spatial Proximity of Crime: Domestic and Sexual Violence Across Neighborhoods

Journal of Quantitative Criminology - Our goal is to understand the social dynamics affecting domestic and sexual violence in urban areas by investigating the role of connections between area...