Normativity and Norms

Book reviewed in this article:
Stanley L. Paulson and Bonnie Litschewski Paulson, Normativity and Norms     

Green Criminology Before ‘Green Criminology’: Amnesia and Absences

Although the first published use of the term ‘green criminology’ seems to have been made by Lynch (Green criminology. Aldershot, Hampshire, 1990/2006), elements of the analysis and critique represented by the term were established well before this date. There is much criminological engagement with, and analysis of, environmental crime and harm that occurred prior to 1990 that deserves acknowledgement. In this article, we try to illuminate some of the antecedents of green criminology. Proceeding in this way allows us to learn from ‘absences’, i.e. knowledge that existed but has been forgotten. We conclude by referring to green criminology not as an exclusionary label or barrier but as a symbol that guides and inspires the direction of research.     

An Analysis of Miranda Warnings and Waivers: Comprehension and Coverage

Miranda warnings enshrine the constitutional rights of custodial suspects against self-incrimination. However, the wording and sentence complexity of Miranda warnings and waivers vary dramatically from jurisdiction to jurisdiction. This study is the first extensive investigation of Miranda warning variations examining 560 Miranda warnings from across the United States. With Flesch-Kincaid reading comprehension as a useful metric, Miranda warnings varied from very simple comprehension (i.e., grade 2.8) to requiring postgraduate education. Miranda warnings are composed of five components (e.g., silence and evidence against you); marked variations were also observed in the comprehensibility of individual components. On average, the Miranda warning component on "continuing rights" requires a reading comprehension level six grades higher than the comparatively simple expression of the right to silence. Similar analyses were conducted on Miranda waivers. The content of these warnings differed on such issues as communicating (a) when access to an attorney would be granted (e.g., 45.9% specified only "during questioning") and (b) explicitly that indigent legal services were free (e.g., 31.8% directly informed suspects). Finally, the study identified representative Miranda components at different levels of reading comprehension as a template for further research.     

‘You May Kiss the Bride,But You May Not Open Your Mouth When You Do So’: Policies Concerning Sex,Marriage and Relationships in English Forensic Psychiatric Facilities

In 1996, the Royal College of Psychiatrists recommended that all psychiatric facilities in the UK develop policies concerning sexuality and sexual expression for persons contained in those facilities. This paper analyses the prevalence and content of such policies in English forensic psychiatric facilities. While the College recommends an individualised approach to sexual and emotional relationships, most hospitals in fact either prohibit or actively discourage such expression as a matter of policy. The paper considers the advantages and disadvantages of that approach. The paper also considers the legal issues surrounding these policies, and in particular the legal authority for governing the sexual and emotional expression of hospital residents and the relevant human rights implications.     

Green Criminology and Dirty Collar Crime

As a contribution to literature drawing together green criminology and studies of organised and corporate crime, this paper provides a case study of crimes and public health harms linked to the Naples garbage disposal crisis. The context is the inability of modern consumer society to cope with the problem of mass production of waste. In turn this leads to opportunities for both legal and criminal entrepreneurs to offer services that promise but fail to ‘dispose’ of the problem. The analysis draws upon environmental law and classic studies of organised crime.     

Protecting the planet: a proposal for a law of ecocide

A wide range of actions imperil the planet and threaten the future of humanity and other species. This essay notes some examples of crimes and harms damaging to the environment and human and non-human species as well as various forms of response that have called for more effective and appropriate models of justice and law than currently prevail. This leads to a discussion of several suggestions regarding the development and expression of an earth jurisprudence and to the history of a proposal that “ecocide” be recognised internationally as a crime. Analysis of documentary sources traces this idea from debates about the concept of genocide to consideration by United Nations officials as to how crimes against the environment might be defined, and shows how near such a proposal has previously come to acceptance and enactment. The article concludes with an argument for supporting a law of ecocide as the 5th Crime against Peace.     

Books

The Chinese Army after Mao, by Ellis Joffe. Weidenfeld and Nicolson, London, 1987. 210 pp. £20. ISBN 0 6745 4849 3

Centre and Province in the People's Republic of China: Sichuan and Guizhou 1955–1965, by David S. G. Goodman. Cambridge University Press, Cambridge, 1986. 257 pp. £22.50. ISBN 0 5213 2530 7.

The China Challenge, by David S. G. Goodman, Martin Lockett and Gerald Segal. (Chatham House Papers 32) Routledge and Kegan Paul, London, New York and Andover, 1986. 86 pp. £5.95 paperback. ISBN 0 7102 1111 2.

Understanding Communist China: Communist China Studies in the United States and the Republic of China, 1949–1978, by Tai‐chun Kuo and Ramon H. Myers. Hoover Institution Press, Stanford, California, 1986. 179 pp. £17.50 hardback, £9.95 paperback. ISBN 0 8197 8341 4 and 0 8179 8342 2.

The Myth of Japanese Uniqueness, by Peter N. Dale. Croom Helm, London, 1986. xi + 233 pp. £25. ISBN 0 7099 0899 7.

Mongolia: Politics, Economics and Society, by Alan J. K. Sanders. Francis Pinter, London, and Lynne Reinner, Boulder, 1987. xxii + 179 pp. £22.50 hardback, £6.95 paperback. ISBN 0 86187 430 7 and 0 86187 431 5.     

OBITUARIES

The Indian Federation. An Exposition and Critical Review. By Sir Shafa'at Ahmad Khan, Litt.D. Pp. xii + 450. 6?” × 9”. Macmillan and Co. 1937. 15s.

The Spirit of Zen. By Alan W. Watts. Wisdom of the East Series. Edited by L. Cranmer‐Byng and Dr. S. A. Katadia. 73/4” × 5”. Pp. 136. John Murray, 1936. 3s. 6d.

When Japan Goes to War.* By O. Tanin and E. Yohan. 8/1/4>” × 5/1/2>”. Pp. 271. Lawrence and Wishart. 5s.

Japan at the Cross Roads. By Walter Smith. Published by Lawrence and Wishart, London. 1936. 3s. 6d.

The Far East Comes Nearer. By H. Hcsscll Tiltman. Pp. 314. Illustrated. London: Jarrolds. 1936. 12s. 6d.

The China Year Book, 1936

Problems of Chinese Education. By Victor Purcell, Ph.D. 8 /3/4>” ×5/3/4>. Pp. viii+261. London: Kegan Paul, Trench, Trubner and Co., Ltd. 1936. 10s. 6d.

Attack on Everest. By Neil Macintyre. Pp. 172. Methuen. 5s.

Tibetan Journey. By Madame Alexandra David‐Neel. 9” × 5 ?”. Pp. 276. Maps and illustrations. London: John Lane, The Bodley Head. 12s. 6d.

Social Organization and Customary Law of the Nepalese Tribes. By Dr. Leonhard Adam, American Anthropologist. No. 4. 3$

Khyber Caravan: Through Kashmir, Waziristan, Baluchistan and Northern India. By Gordon Sinclair. 8 3/4” × 6”. Pp. xvi+287. Maps. Hurst and Blackett. 12s. 6d.

The Clear Mirror: A Pattern of Life in Goa and in Indian Tibet. By G. E. Hutchinson. 9” × 5 ⁷/_8". Pp. xii+171. Cambridge University Press. 8s. 6d.

Ganésa: A Monograph on the Elephant‐Faced God. By Alice Getty. With an Introduction by Alfred Foucher. Oxford : Clarendon Press. 1936.

Afghanistan. A Brief Survey. By J. D. Ahmada and M. A. Aziz. With a Foreword by Dr. Sir Muhammad Iqbal. 10” × 7/1/2>". Pp. xx + 159. First published by Dar‐ut‐Talif, Kabul, September, 1934. New impression, Longmans, Green and Co., printers in India, April, 1936. Three maps and seventy illustrations. 12s. 6d. Library edition, 15s. 6d.

The Harēm. By N. M. Penzer. Pp. 260. Index. Map. Forty‐two plates. Harrap and Co. 1936. 21s.

Moslem Women Enter a New World. By Ruth Frances Woodsmall. Publications of the American University of Beirut, Social Science Series, No. 14. London: George Allen and Unwin, Ltd. 12s. 6d.

The Effects of Centralization on Education in Modern Egypt. By Russell Gait, Ph.D. 9?"× 6”. Pp. vi + 134. Cairo: Department of Education, American University. 1936.

The Nile : From the Source to Egypt. The Life‐Story of a River. By Emil Ludwig. Translated by Mary Lindsay. London: Allen and Unwin. 1936. Price 16s.

Sea Adventures. By Henry de Monfried. Translated by Helen Buchanan Bell. Thirteen illustrations and endpaper map. Methuen and Co., Ltd. 10s. 6d.

The Dangerous Sea: The Mediterranean. By George Slocombc. 8/3/4> × 5/3/4>”. Pp. xxx+286. Hutchinson. 1936. 10s. 6d.

Aden Protectorate: A Report on the Social, Economic and Politica Condition of the Hadhramaut. By W. H. Ingrams, O.B.E. Colonial No. 123. Pp. 1–127. With map. H.M. Stationery Office. 3s.

The Arabian Knight: Sir Richard Burton. By Seton Dearden. Pp.334. Arthur Barker. 12s. 6d.

The Gates of Jerusalem. By Jacqueline Cockburn. With an appreciation by Sir Ronald Storrs, K.C.M.G., C.B.E. Pp. x + 300. John Murray. 7s. 6d.

Who is Prosperous in Palestine ? Labour Pamphlet No. 7.

The Palestine Mandate : Invalid and Impracticable. By W. F. Boustany. Palestine Information Centre. 1936. IS. 6d.     

The Spatial Distribution of Postblast RDX Residue: Forensic Implications

Locating exactly where trace explosive residue samples should be sought during sample collection at bomb scenes is not specified in the published literature or guidelines; in this area, it is generally acknowledged that forensic practices are based on tradition rather than evidence. This study investigated patterns in the spatial distribution of postblast 1,3,5‐trinitro‐1,3,5‐triazocyclohexane residue from a series of unconfined detonations, over a range of sampling sites, and at two different detonation heights. The amount of residue recovered from the sites decreased as a function of distance from the center of the explosion. [Correction added after online publication 27 December 2012: In the preceding sentence, “increased” was corrected to “decreased” to agree with the conclusion of the article.] As the height of the detonations increased, more residues were found from all sampling sites. The findings of this empirical study have a number of important practical implications including determining where residue samples are best sought at crime scenes.