CHANGES IN POLICE NOTIFICATION FOR RAPE, 1973–2000*

We use data from the National Crime Survey (NCS) and the National Crime Victimization Survey (NCVS) to explore changes in the likelihood of police notification in rape incidents. The findings indicate that during the 1970s and 1980s there was a significant increase in police notification by third parties and by victims raped by non‐strangers. During the 1990s the increase in rates of police notification in rape incidents accelerated and broadened in scope. In addition, differences in police notification between stranger and non‐stranger incidents diminished during the 1970s and 1980s and, by the early 1990s there was no significant difference.     

Remaking the House and Senate: Personal Power,Ideology, and the 1970s Reforms

Although much has been written on the critical congressional reforms of the 1970s, few studies have analyzed support for reform systematically. In this article, we draw upon previously untapped sources of information that make an individual‐level, quantitative analysis possible. We analyze 20 indicators that measure support for a wide variety of reforms in both chambers. Our results reveal a remarkably consistent pattern: in virtually every case, junior members and liberals were more pro‐reform than were senior members and conservatives. Also, Republicans were often more likely than Democrats to back reform. Our findings challenge the view that the reform movement was essentially a Democratic party phenomenon; liberals and junior members in both parties—not just Democrats—supported reform.     

Epinomia: Plato and the First Legal Theory

Abstract. In comparison to Aristotle, Plato's general understanding of law receives little attention in legal theory, due in part to ongoing perceptions of him as a mystic or a totalitarian. However, some of the critical or communitarian themes that have guided theorists since Aristotle find strong expression in Plato's work. More than any thinker until the nineteenth and twentieth centuries, Plato rejects the rank individualism and self‐interest which, in his view, emerge from democratic legal culture. He rejects schisms between legal norms and community values, institutional separation of law from morals, intricate regimes of legislation and adjudication, and a culture of rampant litigation. He rejects the alienation of individuals, from each other and from their communities, that is so easily bred within highly complex political and legal systems. An understanding of his approach to some of the classic questions of legal theory provides insight not only into some central ideas of his own thought, but also into the roots of critical and communitarian critiques of law.     

EXPLAINING THE ASSOCIATION BETWEEN INCARCERATION AND DIVORCE

Recent studies have suggested that incarceration dramatically increases the odds of divorce, but we know little about the mechanisms that explain the association. This study uses prospective longitudinal data from a subset of married young adults in the National Longitudinal Study of Adolescent Health (N = 1,919) to examine whether incarceration is associated with divorce indirectly via low marital love, economic strain, relationship violence, and extramarital sex. The findings confirmed that incarcerations occurring during, but not before, a marriage were associated with an increased hazard of divorce. Incarcerations occurring during marriage also were associated with less marital love, more relationship violence, more economic strain, and greater odds of extramarital sex. Above‐average levels of economic strain were visible among respondents observed preincarceration, but only respondents observed postincarceration showed less marital love, more relationship violence, and higher odds of extramarital sex than did respondents who were not incarcerated during marriage. These relationship problems explained approximately 40 percent of the association between incarceration and marital dissolution. These findings are consistent with theoretical predictions that a spouse's incarceration alters the rewards and costs of the marriage and the relative attractiveness of alternative partners.     

LYNCHINGS,RACIAL THREAT,AND WHITES’ PUNITIVE VIEWS TOWARD BLACKS

Disparities in historical and contemporary punishment of Blacks have been well documented. Racial threat has been proffered as a theoretical explanation for this phenomenon. In an effort to understand the factors that influence punishment and racial divides in America, we draw on racial threat theory and prior scholarship to test three hypotheses. First, Black punitive sentiment among Whites will be greater among those who reside in areas where lynching was more common. Second, heightened Black punitive sentiment among Whites in areas with more pronounced legacies of lynching will be partially mediated by Whites’ perceptions of Blacks’ criminality and of Black‐on‐White violence in these areas. Third, the impact of lynching on Black punitive sentiment will be amplified by Whites’ perceptions of Blacks as criminals and as threatening more generally. We find partial support for these hypotheses. The results indicate that lynchings are associated with punitive sentiment toward Black offenders, and these relationships are partially mediated by perceptions of Blacks as criminals and as threats to Whites. In addition, the effects of lynchings on Black punitiveness are amplified among White respondents who view Blacks as a threat to Whites. These results highlight the salience of historical context for understanding contemporary views about punishment.     

Positive Law and Systemic Legitimacy: A Comment on Hart and Habermas*

Abstract
The author revisits H. L. A. Hart's theory of positive law and argues for a major qualification to the thesis of the separation of law and morality based on a concept of systemic legitimacy derived from the social theory of Jurgen Habermas. He argues that standards for assessing the degree of systemic legitimacy in modern legal systems can develop through reflective exercise of "critical legality," a concept coined to parallel Hart's "critical morality," and an expanded understanding of the "external" and "internal" perspectives on legal systems. Following Habermas, he argues that modern positive law must retain systemic legitimacy. After suggesting criteria for measuring systemic legitimacy, the author concludes that the concept provides a useful approach to contemporary problems of "lawless" regimes and "law's imperialism."