Negotiating the Boundaries of Crime and Culture: A Sociolegal Perspective on Cultural Defense Strategies

In this article 1 offer a principled strategy for the courts to identify and to handle the uses of culture as a defense in a criminal proceeding. I begin by discussing the relationship between culture and behavior illuminated by sociologists of culture. I then explain the three categories into which cultural defenses fall–cultural reason, cultural requirement, and cultural tolerance–and the response of criminal courts in the United States to each. I argue that where culture offers an alternative explanation of the defendant's intent, it is highly relevant to determinations of criminal liability. However, where a defendant uses culture only to explain why he wanted to harm the victim and asks that the court be tolerant of such behavior, considerations of culture should not be allowed. In reaching this conclusion, I draw on theories of multiculturalism to consider the benefits and burdens of maintaining the facade of a "cultureless" criminal law in an increasingly heterogeneous society.     

The implementation of complex social policy: Institutional layering and unintended consequences in the National Disability Insurance Scheme

In this article, we identify the unfolding unintended consequences which flow from one instance of policy layering in Australia's National Disability Insurance Scheme (NDIS). We show how use of a causal diagram, which highlights feedback loops and emergent properties, to map complex chains of causal factors can assist policy scholars and policy practitioners to understand the likely direction of change and possible responses. In the case of Australia's National Disability Insurance Scheme, our analysis suggests that the likely direction of change will work against two of the fundamental design features of the NDIS: providing participants with more choice and control, and ensuring all eligible Australians are able to access appropriate services and supports regardless of where they live. Our analysis points to the use of price regulation as the site of potential intervention because of the role it plays in subsequent feedback loops and the development of the two, unwelcome, emergent properties.     

Forensic Analysis Reveals Acute Decompensation of Chronic Heart Failure in a 3500‐Year‐Old Egyptian Dignitary

Naturally preserved and embalmed bodies from archeological contexts represent a powerful source of information for forensic investigators. They allow one to ascertain pathology, cause of death, to enhance diagnostic methodology, and to improve the analysis of altered remains. We investigated the complete head and lung remnants of a 3,500‐year‐old Egyptian dignitary by radiological, microscopic, and genetic approaches. The individual, a middle‐aged male, suffered from severe periodontitis, mild atherosclerosis, and experienced cardiogenic pulmonary insufficiency with recurrent mini‐bleeds and pulmonary edema. Histology and ancient DNA analyses excluded the presence of Mycobacterium tuberculosis or of any other pathogenic species. Based on our collection of evidence, we propose that acute decompensation complicating chronic cardiac insufficiency was the likely cause of death. The underlying causes for this failure remain unknown although chronic hypertension appears to be the most likely candidate. Our finding represents the earliest reported case of chronic heart failure in ancient mummies.     

Gangs as contractors: the social organization of American Taiwanese youth gangs in Southern California

This paper examines the organizational structure and operations of Taiwanese organized crime and youth gangs in Southern California. In-depth interviews were used as the principle method of research. In contrast to transnational criminal conspiracy claims and the La Cosa Nostra model of vertically integrated organizations, our findings suggest that these criminal groups consist of discrete local Taiwanese youth gangs which operate as largely independent economic units that show no substantive and operational ties to criminal organizations in Taiwan. The formation of Taiwanese criminal organizations and gangs in Southern California is primarily governed by the availability of financial opportunities. Furthermore, both the inter-gang relations and intra-gang structures exhibit a distinct form of contractor arrangement which consists of market-like weak ties that are simultaneously circumscribed by the criminal embeddedness. We argue that that these economic weak ties, which seem to render conventionally understood criminal organizational boundaries administratively less meaningful, still function as an operationally significant governance mechanism of the organizational structures of American Taiwanese youth gangs. In addition, the paper discusses the implications that the embeddedness has on the somewhat paradoxical and incoherent organizational structure.     

Vietnam Rising Dragon: Contesting Dominant Western Masculinities in Ho Chi Minh City's Global Sex Industry

Scholars have produced a substantial body of literature on the lives of female sex workers in the commercial sex industry in developed and developing countries around the world. This literature on heterosexual relations has focused overwhelmingly on the experiences of female sex workers, neglecting to examine the significance of male clients (Chapkis 1997; Prasad Sociological Perspectives 42(2):181–213, 1999; Weitzer Annual Review of Sociology, 35(1), 213–234, 2009). The limited studies that do address male clients focus exclusively on Western men who participate in romance or sex tours. No study has examined sex work as a site for the performance and production of specific masculinities for the increasing number of local, non-Western, business elites in the new global economy. Drawing on 15 months of ethnographic research conducted between 2009 and 2010 and informal interviews with 25 clients, 25 sex workers, and three madams in Ho Chi Minh City, Vietnam, I illustrate how local Vietnamese and Asian businessmen enact their masculinity in relation to other men through the medium of hard cash. Local elites' participation in local hostess bars allows them to capitalise on Vietnam's rapid economic restructuring in the context of the 2008 global economic crisis in order to assert their place as major players in the world order. In doing so, wealthy local Vietnamese and Asian businessmen deconstruct dominant Western ideals to assert their place in the global order.     

Policy feedback and pathways: when change leads to endurance and continuity to change

Policy Sciences - The policy feedback literature was initially concerned with explaining how positive feedback could lead to self-reinforcing policy trajectories. More recently, policy scholars...     

A tribute to Willem Assies (1954–2010): reflections on his contribution to peasant and indigenous studies

This article discusses the manifold contributions of Willem Assies to the social sciences and Latin American studies. It focuses on his writings on agrarian and peasant studies, social movements, and indigenous peoples. In particular, he made important contributions to our understanding of multicultural citizenship, the multiethnic state, and plurinational democracy. His writings had a major impact on those working on rural and indigenous peoples' issues, although the Dutch academic establishment largely failed to appreciate his exceptional talents. It is argued in this article that he never wavered from his early recognition of the importance of class in social analysis, while acknowledging its limitations. In his view, one of the central challenges facing the indigenous peoples' social movements was how to link indigenous issues to general national problems. To what extent had they met this challenge? His premature death prevented him from exploring this key issue further, but hopefully other scholars will take up the baton and continue to debate his ideas.