Victor’s Justice: The Next Best Moral Theory of Criminal Punishment?

In this essay, I address one methodological aspect of Victor Tadros’s The Ends of Harm – namely, the moral character of the theory of criminal punishment it defends. First, I offer a brief reconstruction of this dimension of the argument, highlighting some of its distinctive strengths while drawing attention to particular inconsistencies. I then argue that Tadros ought to refrain from developing this approach in terms of an overly narrow understanding of the morality of harming as fully unified and reconciled under the lone heading of justice. In a final and most critical section, I offer arguments for why this reconciliatory commitment, further constrained by a misplaced emphasis on corrective justice, generates major problems for his general deterrence account of the core justification of criminal punishment.     

Islamic Law in Action: A Historical Discussion

This review essay engages Kristen Stilt's recent book, Islamic Law in Action: Authority, Discretion, and Everyday Experiences in Mamluk Egypt (2011), in a fashion that highlights its contributions to the study of Islamic law. In particular, it underlines the methodological arguments made in the book that might help us think about Islamic legal practice in sophisticated and historically grounded ways. As elaborated in the article, these arguments have important implications for modern as well historical settings. Specifically, Stilt's discussion of “Islamic law in action” reveals the inherent flexibility of Islamic legal practice to accommodate political change. The article also discusses how further research on the topic could benefit from specific approaches and orientations.     

Psychometric properties of the Barratt Impulsiveness Scale version 11 among a Portuguese sample of incarcerated juvenile offenders

The aim of the present study was to examine the psychometric properties of the Barratt Impulsiveness Scale version 11 (BIS-11) among a forensic sample of incarcerated male juvenile offenders (N?=?221). Principal Component Analysis with Promax rotation revealed the expected 6-factor structure, but Confirmatory Factor Analysis of the 6-factor first-order and the 3-factor second-order factorial structures did not present sufficiently good fits. Despite that, the Portuguese adaptation of the BIS-11 demonstrated generally acceptable psychometric properties in terms of internal consistency, mean inter-item correlation, convergent validity, discriminant validity, and concurrent validity that justifies its use among the youth forensic population. Statistically significant associations were found with age of crime onset, conduct disorder, crime seriousness, alcohol use and drug use.     

Prison sentences: last resort or the default sanction?

ABSTRACT

This paper discusses the sentencing purposes for penal penalties, judges’ perceptions of sentencing purposes and prison sentences, and the effects of penal sanctions. We examine judges’ positions towards different penalties, with a focus on imprisonment, since their views on the different penalties are related to their sentencing decision-making. Understanding these views is then critical for several practical and political purposes, including bridging the gap between academic discourse and legal practice. We accessed judges’ views on penal sanctions through a questionnaire and an interview. Our sample is compounded by the judges of the criminal courts from the three major cities in Portugal. Despite the most recent criminological empirical knowledge, judges valued imprisonment as the most adequate sentence, both for different crimes and for different judicial purposes. This result is not consistent with viewing imprisonment as a ‘last resort’ solution. Indeed, we did not find this ‘last resort’ position in our data, and it is not apparent in the judicial statistics on imprisonment rates. Our data highlight the importance of increasing judges’ training on criminological and sociological issues as well as the importance of changing the influence of their personal beliefs regarding penal sanctions into research-based positions.     

Intergenerational mobility in the Ottoman Empire: Observations from eighteenth-century Kastamonu

Based on probate estate inventories from eighteenth-century Kastamonu in north Anatolia, this study examines intergenerational mobility patterns in one Ottoman provincial town. Although the topic is well-studied in many Western contexts, historical and contemporary, we still know little about the ways in which socioeconomic disparities and class identities were transmitted across subsequent generations of parents and children in the Ottoman Empire. In order to explore this issue in a sophisticated fashion, this article introduces quantitative techniques and categories of analysis tailored specifically for Ottoman sources. In addition to other findings, our analysis suggests that Kastamonu in the eighteenth century was vertically and horizontally segmented: Not only were there significant impediments to intergenerational mobility across privileged and underprivileged sectors of the society, such transitions were also infrequent across sub-groups within upper and lower classes. Despite a general lack of intergenerational fluidity at all socioeconomic levels, however, our calculations also reveal that the provincial elite were particularly immobile.     

A Cross-Country Comparison of Corruption and Public Expenditures: A Panel Data Approach

Corruption is an especially serious problem for all countries, and has damaging effects on sustainable economic growth. Although there is a significant relationship between corruption and public expenditures, the degree and way of this relationship is changed according to countries. The main objective of this article is to analyze the relationship between corruption and the level and composition of public expenditures, using data from 21 countries which are classified as countries in above and below average corruption perception indices. In empirical analysis, panel data were used in modeling of the effects of corruption on public expenditures. The empirical results show the findings support the hypothesis that the composition of public expenditures has an important element on corruption for countries.     

China's Energy Policy: from Self-sufficiency to Energy Efficiency

China's energy policy is traditionally based on self-sufficiency. While energy bottlenecks have often been cited as a limitation to China's economic growth, China has been successful at producing energy using its domestic coal – albeit putting a strain on transport and producing a high degree of pollution. Aggressively after 2001, China has started to search for external resources, both to supply its voracious appetite for oil and to insure its economy against possible geopolitical disruptions – including the threat of sanctions. This has given Chinese companies a life of their own, making them large international actors. Today, China is both saddled with new responsibilities for the developing countries in which it owns sizeable exploitation rights, and influenced by a new thinking on energy security, based on the idea of improving energy efficiency before developing resources. This offers opportunities for the West – and Japan – in cooperating with China, a huge energy importer, to lessen the dominance of producers, create business opportunities for energy efficiency equipment, and also to cap CO₂ and other emissions.     

Success or Failure in the Peace Processes of Aceh and Sri Lanka: A Comparative Study

Abstract

This study examines why some internal conflicts end in negotiated agreements, while negotiations fail in others. In order to address this question, I compare the cases of Aceh, where some 30 years of armed conflict ended in a 2005 peace agreement between Gerakan Aceh Merdeka (GAM, the Free Aceh Movement) and the government of Indonesia; and Sri Lanka, where 2002–2006 negotiations between the government and the Liberation Tigers of Tamil Eelam broke down. This study adopts ideas from bargaining theories of war, focusing on the adversaries’ power perceptions in relation to actions that led to the civil war settlements. It identifies three variables as decisive: (1) information revealed by war, (2) control over spoilers, and (3) divisions in the ranks of the rebel organization.