On the New Frontiers of Justice. A Dialogue

Abstract. The dialogue focuses on the book by Martha C. Nussbaum Frontiers of Justice. The discussion covers the major issues treated in the text, including the relationship between the capabilities approach and the theories of Rawls and Sen, nonhuman animals, people with mental or physical disabilities, and transnational justice. * * Abstract by F. Lelli.
     

Out of Place and Out of Line: Positioning the Police in the Regulation of Financial Markets

In November of 2003, the Royal Canadian Mounted Police launched a major initiative to combat securities fraud in Canada. Spurred by the Enron scandals in the United States, this involved the establishment of a series of specialized white-collar crime units with the express mandate of investigating serious cases of securities fraud and protecting investors from the worst of the market's abuses. After four years of activity, these units have produced little in the way of tangible results and have been widely criticized in legal, financial, and regulatory communities. Drawing on thirty-five interviews with members of these units, as well as outside stakeholders including Crown Attorneys and private litigators, this article examines the activities of these Integrated Market Enforcement Teams and highlights a number of barriers to the successful execution of their designated mandate. While factors such as procedural restrictions and limited expertise are certainly relevant, this analysis reveals that the IMET teams are more fundamentally constrained by their position in a broader regulatory field. Understanding this field, and its unique structure and politics, is essential in coming to terms with both the possibilities and limitations of securities enforcement in an increasingly complex financial world.     

HISTORICAL CONTINGENCIES AND THE EVOLVING IMPORTANCE OF RACE,VIOLENT CRIME,AND REGION IN EXPLAINING MASS INCARCERATION IN THE UNITED STATES

This article combines insights from historical research and quantitative analyses that have attempted to explain changes in incarceration rates in the United States. We use state‐level decennial data from 1970 to 2010 (N = 250) to test whether recent theoretical models derived from historical research that emphasize the importance of specific historical periods in shaping the relative importance of certain social and political factors explain imprisonment. Also drawing on historical work, we examine how these key determinants differed in Sunbelt states, that is, the states stretching across the nation's South from the Atlantic coast to the Pacific, from the rest of the nation. Our findings suggest that the relative contributions of violent crime, minority composition, political ideology, and partisanship to imprisonment vary over time. We also extend our analysis beyond mass incarceration's rise to analyze how factors associated with prison expansion can explain its stabilization and contraction in the early twenty‐first century. Our findings suggest that most of the factors that best explained state incarceration rates in the prison boom era lost power once imprisonment stabilized and declined. We find considerable support for the importance of historical contingencies in shaping state‐level imprisonment trends, and our findings highlight the enduring importance of race in explaining incarceration.     

Rawls's Political Liberalism. A Reassessment

Since Rawls's Political Liberalism is by now the subject of a wide and deep philosophical literature, much of it excellent in quality, it would be foolhardy to attempt to say something about each of the major issues of the work, or to sort through debates that can easily be located elsewhere. I have therefore decided to focus on a small number of issues where there is at least some chance that a fresh approach may yield some new understanding of the text: Rawls's distinction between “reasonable” and “unreasonable” comprehensive doctrines; the psychological underpinnings of political liberalism; and the possibility that political liberalism might be extended beyond the small group of modern Western societies that Rawls's historical remarks suggest as its primary focus. I also include a discussion of the much‐debated issue of civility and public reason, which could hardly be avoided given its prominence in the book's reception. This paper should therefore be read not as a comprehensive account of the work but as one person's attempt to grapple, very incompletely and imperfectly, with a book that is as great as any philosophy has seen on this topic of great human urgency.     

CONTEXTUALIZING COMMUNITY CRIME CONTROL: RACE,GEOGRAPHY, AND CONFIGURATIONS OF CONTROL IN FOUR COMMUNITIES*

Criminology and urban sociology have long‐standing interests in how neighborhoods and communities respond to and control crime. We build on the literature on social disorganization, collective efficacy, and new parochialism to develop a framework that explains how and why communities respond differently to crime. We draw on more than 2 years of comparative ethnographic data and 56 resident and stakeholder interviews on responses to crime in four communities in two states. We find that the intersections of racial composition, geography, and crime narratives in each place contributed to distinct community responses to crime. By analyzing these dynamics across the four sites, we propose three types of public–parochial partnerships that communities use to respond to crime: public alliances that rely primarily on public forms of control, tentative public–parochial partnerships that rely on tenuous connections with public institutions, and grassroots engagement with public institutions. We explain the emergence of these three approaches as patterned responses rooted in characteristics of local contexts, including racial composition and geographic isolation.