The Continuing Relevance of Marxism to Critical Criminology

Since the early 1990s, the ``new directions' in Critical Criminology have consciously excluded Marxism as being out-dated. This article critically assesses the fundamental theoretical shifts within critical criminology. It argues that Marxism remains as relevant as ever for analysing crime, criminal justice, and the role of the state. There is a great need for critical criminologists to redirect their attention back to Marxist theory by developing and extending its tools of critical theoretical analysis. This revised version was published online in July 2006 with corrections to the Cover Date.     

The failure of postmodern criminology

Postmodernism has recently washed up on the shores of criminology, and is the subject of considerable theoretical debate. This essay critically assesses some of the most trenchant and relevant components of the theoretical bases for postmodernism, and sketches out their applicability to criminology. It argues that postmodernism can be of little assistance to intellectuals committed to critique and fundamental social change. While postmodernists look down so severely at ‘old-fashioned’ ‘meta-narratives’ like Marxism, it is now they who are falling off the contemporary agenda, because they are dated and theoretically flawed. My main argument is that the theoretical imporverishment of postmodernism creates an obstacle to the development of a truly critical criminology. One of the current challenges of critical criminology is to amplify the critique of postmodern criminology and to reorient the trajectory of critical criminology away from the postmodern detour. The essay explores the historical context of the emergence of postmodernism, the modernist/ postmodernist era, deconstructionism, ‘meta-narratives’, idealism, form and content, fragmentation/pluralism/relativism, absence of progressive praxis, conservatism and Marxism.     

Judicial Independence, Judicial Promotion and the Enforcement of Legislative Wealth Transfers—An Empirical Study of the New Zealand High Court

This paper investigates the Landes-Posner thesis on judicial independence using data on public law decisions in which the government was the defendant decided in the New Zealand High Court over the period 1958–2001. We use survival analysis to examine whether successive New Zealand governments have promoted judges from the High Court to the Court of Appeal (which stands above the High Court) on the basis of political considerations, the quality of the judge's decision-making or both. Our findings suggest that the quality of decision-making has generally been important. Consistent with the weak form of the Landes-Posner hypothesis we find no evidence that governments have used their powers to punish judges who decided cases against them. On the contrary, we find some support for the strong form of the Landes-Posner thesis that governments positively use their powers to secure judicial independence.     

The first three years in Charterland

Abstract: An examination of judicial decisions in the first three years of the Canadian Charter of Rights and Freedoms indicates that the Charter has fulfilled neither the worst fears of its critics nor the high hopes of its supporters. Jt has produced a flood of litigation in the lower courts which has gradually bubbled up to the Supreme Court of Canada and put that institution under a good deal of stress. Undoubtedly the Charter has resulted in the transference of some political activity from the political to the judicial arena. Although Canadian judges have shown themselves to be far more prepared to give effect to the constitutional Charter than they were to the statutory Bill of Rights, Charter decisions in these first three years have not seriously eroded the power of elected legislators. Most cases have involved challenges to procedural aspects of criminal justice. Few of the successful challenges have adversely affected policy interests of contemporary governments. The coming into force of the equality clause at the end of this three-year period could dramatically change this picture. In the meantime, the impact of the Charter on popular attitudes which many of the Charter's proponents said would be its most important effect remains unexplored.