The Case of the Hypocritical

This paper analyzes the idea of critique as an idea, in relation to the problematic fiction of legal foundations. In doing so, it refers to the work of Giorgio Agamben and Jean-Luc Nancy. In particular, Jean-Luc Nancy’s concept of the lapsus of right (jus) is explored in relation to the fiction of a Law of law and the notion of the Right to have rights. The paper argues for the conception of an immanent critique of law that seeks to have done with foundational judgments as primary to critique. To have done with judgment as primary is crucial as judgment is the way in which philosophies of law have attempted to establish their own justification while claiming that such a ground or justification comes from an external source. Instead, what is to be reconceived and in a preliminary way is that critique and its concepts are intimate to their problems and vice versa. I wish to thank each of the participants to this issue for their effort and their kind collaboration and V. Kelley for her invaluable assistance in the final editing process. I thank C. Douzinas for introducing me to the work of Jean-Luc Nancy and P. Fitzpatrick and S. Motha for sharing their paths of reading. Especial thanks to A.␣Schütz, E. Loizidou, N. Moore, J.á. Bellido Anon and A. Bottomley for discussions on disagreement. Gratitude is owed to J.-L. Nancy for inspiring thoughts and writings and for the sweetness in response to my suggestion that there are no antidotes to the poisons we write. This is for the wonderful Elene.     

‘Legal Critique’: Elements for a Genealogy

While teachers and students of law tend to take for granted that critical legal campaigning originates in the late 20th century, many historians suggest that the summons of law and its state of accusation before the tribunal of critique dates back to the days of the Enlightenment. I am arguing, in contrast, that, in the West, the history of legal critique is by no means shorter than the history of law; that Western legal evolution embraces and supposes anti-legalism or ‘antinomianism’ since the days of early Christianity and throughout; that, conversely, an adequate assessment of Christianity must stress its character as an anti-institutional, anti-legal, and anti-religious campaign; that the standard view of Humanism, Enlightenment, and Modernity, which tends to foreground their antagonism to Christian institutions and to deny their nature as instantiations of the Christian campaign, misses the crucial point both about them and about Christianity (and, implicitly at least, about geopolitics); that key concepts of political modernity thrust their roots, not only and not most importantly into Political Theology, but rather into Saint Paul’s legal ‘new deal’; that, far from giving rise, as intended, to a deactivation of law, Paul’s action has resulted, instead, in the interlinking build-up of a militant denial of law on the one hand, and an emerging intensification of law on the other hand. Let the reader be warned that the article strings together a bouquet of snap-shots from a work in progress.     

The Critical Instance ‘After’ The Critique of the Subject

The central argument of this piece involves the idea that insofar as␣critique, with its two basic tropes of question and judgment, has been central to the ȁ8classical’ configuration of subjectivity, the critical instance ȁ8after’ the critique of the subject is to be found re-situated on a different philosophical terrain where the question of the question is re-thought and the logic of judgment displaced by an ethic of encounter. It is on this terrain that we can then start sketching the emergence of a different set of critical instances: critical ontologies, critical analytics and critical erotics.     

Representing Theory and Theorising in Criminal Justice Studies: Practising Theory Considered

The author considers the role and place of theory in criminal justice studies. The argument is that the operation and interrogation of fundamental categories is integral to social scientific enquiry and if criminal justice studies is to resist a technocratic “protective service” orientation it must promote theorising and thinking conceptually via the texts which represent the discipline to undergraduates. Although theory is situated at the core of social science curricula, there is little or no agreement on its role or place in research and pedagogy. The dominant understanding of theory within criminal justice studies (including its sociological and criminological incarnation) is that it is something to be referred to. What is seldom emphasised in theory or methods texts is the practice of theorising. Texts that are designed to be the student’s first contact with the field of criminal justice studies, and which reflect broader attitudes toward social enquiry, seldom consider the methodological and pedagogical issues related to the production and role of analytic concepts and do not present social science as an imaginative or reflexive practice. Drawing on critical realist metatheory, this paper advances a distinction between social and sociological problems and social science and protective service toward illustrating that a social science approach to the study of criminal justice demands the operation and interrogation of analytic categories and explicit consideration of issues of epistemology and ontology. Works which seek to avoid this serve only to foster a passive rather than active engagement with their subject matter.     

Changes in the lipid composition of latent fingerprint residue with time after deposition on a surface

The work described in this report was focused on generating increased knowledge of fingerprint chemistry, particularly the composition of a latent fingerprint at the time it is deposited, and the chemical changes in lipid components that occur over time. Fingerprints from five male donors (aged 25-34 years) were collected and aged under controlled conditions. The prints were then sampled at set intervals, solvent extracted with dichloromethane, co-derivatized with MSTFA and analyzed by gas chromatography-mass spectrometry (GC-MS). It was shown that there was loss of squalene from prints stored in the light or in the dark. Loss was more rapid in the light, with squalene in prints from some donors not detected after 9 days storage. For these same donors, squalene was still detected after 33 days storage in the dark, but at much lower levels than in fresh prints. For saturated fatty acids (tetradecanoic, palmitic and stearic acid) there was a trend towards an increase in levels of these substances during storage (up to about 20 days) followed by a decrease back to original levels or below. This was the case for samples stored in the light or in the dark. For palmitoleic acid, a similar trend was seen. For oleic acid, this trend was seen for samples stored in the dark. For samples stored in the light the general trend was a decrease in level over the storage period (up to 33 days).     

Extending the Study of Continuity and Change: Gender Differences in the Linkage Between Adolescent and Adult Offending

Recently, Paternoster etal. used data from the Cambridge Study in Delinquent Development, a longitudinal study of 411 South London boys mostly born in 1953, to investigate the linkage between adolescent and adult offending and found that variations in adult offending were consistent with a random process after conditioning on adolescent offending. In this paper, we test the robustness of this early study across data sources and genders. Here, we use data from the Dunedin New Zealand 1972 birth cohort study to replicate previous findings regarding stability and change in criminal offending between the adolescent and adult years. In particular, our interest centers on the stochastic properties of the adolescent and adult conviction distribution in the cohort and whether the structure of this distribution is similar for males and females. This replication and extension of prior work is especially important since criminologists have little understanding of the pattern of female adolescent offending or how the patterns are linked to adult offending for women. The analysis reveals that variation in adult offending after conditioning on adolescent offending is consistent with a random (Poisson) process. Furthermore, this pattern is evident for both the males and the females in the Dunedin New Zealand 1972 birth cohort.     

A Meta-Analysis of Race and Sentencing Research: Explaining the Inconsistencies

Numerous studies have addressed the question: Are African-Americans treated more harshly than similarly situated whites? This research employs meta-analysis to synthesize this body of research. One-hundred-sixteen statistically independent contrasts were coded from 71 published and unpublished studies. Coded study and contextual features are used to explain variation in research findings. Analyses indicate that African-Americans generally are sentenced more harshly than whites; the magnitude of this race effect is statistically significant but small and highly variable. Larger estimates of unwarranted disparity are found in contrasts that examine drug offenses, imprisonment or discretionary decisions, do not pool cases from several smaller jurisdictions, utilize imprecise measures, or omit key variables. Yet, even when consideration is confined to those contrasts employing key controls and precise measures of key variables, unwarranted racial disparities persists. Further, a substantial proportion of variability in study results is explained by study factors, particularly methodological factors.     

'An effective mask for terror': Democracy,death squads and Northern Ireland

Defining terrorism solely as anti-state activity is in the ascendant in the aftermath of 9/11. Yet the existence of death squads – paramilitary groups involved in state-sponsored or state-tolerated terror against political opponents – reveals that the state can also be terrorist. Most commonly, death squads exist in non-democratic states, and most of the literature on death squads focuses on such societies. This article seeks to examine the circumstances in which death squads and democracy can coexist, looking specifically at the case of loyalist paramilitary violence and state collusion in Northern Ireland.     

Between demand and supply: Bribery in international trade

The use of kickbacks and illicit payments to win foreign sales is eroding fair trade and undermining good governance around the world. While often seen as discrete acts by unscrupulous businesses, bribery in international trade is better seen as driven by push and pull forces larger than individual firms. Two hypotheses on the dynamics of transnational bribery are formulated and tested in this study. The demand-pull hypothesis views multinational corporations as victims of corruption in host countries and predicts a positive relationship between corruption in host countries and bribery by guest businesses. The supply-push hypothesis treats multinationals as proactive parties and proposes a positive relationship between pro-bribery conditions in exporting countries and the inclination of their multinationals to foreign bribery. Analysis of cross-national data yielded no support for the demand-pull hypothesis, but strong backing for the supply-push hypothesis. This finding validates the potential of effective bribery reduction through supply-side controls. Direct all correspondence to Hung-EnSung, The National Centeron Addiction and Sub-stance Abuseat Columbia University, 633 Third Avenue, 19th Floor, NewYork, NY 10017, USA.