Stuntman for the State: Loughlin's Idea of Public Law

Abstract. This paper provides a critical analysis of Martin Loughlin's pure theory of public law as developed in his more recent work. I argue that the pure theory makes a series of errors and rests on a set of assumptions that make it inappropriate to provide the legal framework for any social‐democratic polity. Specifically, the theory concedes too much latitude to the functional needs of the state and organised politics, and pays too little deference to processes of political opinion and will formation in civil society. As such, it only succeeds in establishing law's connection to the public realm, at the cost of effacing its internal relationship to the rule of law and democracy.     

PROTESTANT FUNDAMENTALISM AND THE RETRIBUTIVE DOCTRINE OF PUNISHMENT*

In Gregg v. Georgia in 1976, the U.S. Supreme Court declared that public opinion, including the public's presumed desire for retribution, can be a legitimate basis for penal policy. Subsequently, the retributive doctrine has guided sentencing reform across the nation. But variation among the public in support for retribution as the goal of punishment and the effects of religion in shaping public sentiments about punishment have received little attention from researchers. Drawing from recent work on attribution theory and religion, this paper proposes and reports evidence that public support for the retributive doctrine is closely linked to affiliation with fundamentalist Protestant denominations and fundamentalist religious beliefs. The normative implications of such a connection are addressed.     

Cycles of the fourth kind: A reply to Mohler's cycles of values

Abstract. Mohler (1987) claims that German culture does not display thematic cycles like those found by Namenwirth and Weber (1987) in America and Great Britain. We argue that Mohler's claim is not supported by the emperical evidence he presents. We also find his claim to be flawed conceptually and theoretically.     

ON THE INITIATION AND CONTINUATION OF DELINQUENCY*

An ongoing debate among criminologists concerns the merits of studying different dimensions of offending, such as initiation, frequency, and duration. One critical point of contention is whether separate models are necessary to explain different aspects of offending. The current study uses empirical data to assess whether different models are required to explain initiation and continuation of delinquent behavior. Using the first four waves of the National Youth Survey, we focus on the predictive ability of variables central to social control, labelling, differential association, and urbanism perspectives. We find many similarities and some differences between models for initiation and continuation of delinquency. We discuss the relevance of these results for developing a more comprehensive understanding of criminal behavior.     

TURNING POINTS IN THE LIFE COURSE: WHY CHANGE MATTERS TO THE STUDY OF CRIME*

This article examines conceptual issues relating to continuity and change in crime over the life course. Building on past efforts, we first distinguish self-selection from a cumulative, developmental process whereby delinquent behavior attenuates adult social bonds (e.g., labor force attachment, marital cohesion). We then conceptualize various types of change and argue that social capital and turning points are crucial in understanding processes of change in the adult life course. These concepts are illustrated by examining person-based, life-history data drawn from the Gluecks' longitudinal study of 1,000 men. Although adult crime is clearly connected to childhood behavior, these qualitative data suggest that both incremental and abrupt change are structured by changes in adult social bonds. We conclude with some hypotheses and implications for future research on subjective contingencies, opportunity structures, and chance encounters as potential turning points for change, especially as they interact with race, class location, and historical context.