Ambient accountability: intelligence services in Europe and the decline of state secrecy

Abstract

In the 1990s, judgments in the European Court of Human Rights concerning state surveillance forced many West European countries to introduce new parliamentary bodies and formal systems for accountability. Promising both greater transparency and lawful intelligence, these frameworks were then energetically rolled out to Central and Eastern Europe. Although officials boasted about their effectiveness, these formal accountability mechanisms have failed to identify serious abuses over the last decade. Moreover, the security regime in much of Central Europe still remains largely unreconstructed. The article argues that a robust culture of accountability cannot be conjured into existence merely by introducing new laws and regulations, or indeed by the increasing tide of media revelations about intelligence. However, it suggests that we are now seeing the rise of a more complex pattern of ‘ambient accountability’ which is at last challenging the secret state across Europe.     

“Without Flinching”: Facing up to Race in Liberal Italy

This article examines the development of racial discourses in Italy during the process of unification and in the following years with respect to some of the fundamental issues experienced by and facing the new nation. Anthropologists and criminologists proselytised the new “science” purporting to have discovered a novel hermeneutic for how Italy should be imagined, moulded and propelled into the future. In this article, the test case provided for how race was engaged within the Italy emerging out of the process of unification is that of the “Assabesi”, six black inhabitants of the small tract of land Italy had acquired in Africa in 1869, who were brought to Italy and displayed at the 1884 National Exhibition held in Turin. As Italy embarked on a period of extended colonial expansion, the questions of race, otherness, citizenship and boundaries became ever more pressing. Through an examination of the vicissitudes and debates surrounding the Assabesi's sojourn in Italy, the article seeks to demonstrate that while racism was one option in how Italy's new black subjects could be categorised and eventually ruled, it always had to contend with powerful and sustained counter‐arguments.     

Book reviews and notes

Europe’s woes mark a new chapter in the longstanding theory/history nexus in European studies. The euro crisis has brought integration theory back onto the scholarly agenda and highlighted the value of neo-functionalism – and more precisely its key ‘spillover’ mechanism – as a framework for interpreting current politico-institutional dynamics in the European Union. We are, however, at a particular point of the neo-functionalist narration, in which the transition from low to high political integration has opened a phase of political fluidity that makes ideas and political leadership crucial in determining the future course of integration. In this phase, the positive scheme of neo-functionalism and the normative one of federalism come together, bringing the intellectual trajectory begun after WWII to full circle. Whether this new encounter will result in further integration depends primarily on the content of new federalist ideas, the emergence of an effective European leadership, and the presence of a favourable international environment. For all three factors, the record so far has been mixed at best.     

Kogan v Martin: A New Framework for Joint Authorship in Copyright Law

The Court of Appeal has set out a new framework for the application of copyright law's joint authorship test in a recent landmark case. Kogan v Martin brings some welcome clarity to the complex joint authorship landscape, embedding an inclusive pro-collaboration default standard. This case note contrasts the appeal court's nuanced framing of the dispute with the first instance court's narrower approach. The note then examines the new joint authorship framework and explains how it allows the test to be applied with an eye to the reality of collaborative creative endeavours. Finally, the significance of Kogan v Martin is highlighted, as are some questions which remain unanswered.     

The Impact of Increased State Regulation of Campus Sexual Assault Practices: Perspectives of Campus Personnel

ABSTRACT

Seeking to improve university accountability and compliance with federal mandates, states are considering new reforms including mandating reporting of campus sexual assault allegations. These new policies remain an empirical “black box.” To address these gaps, the current exploratory study draws upon a recent survey that examines the extent of awareness, perceptions, concerns, and policy practices of victim advocates and other personnel concerning new legislation. Virginia is chosen as the state for this case study given its recent implementation of a controversial mandated reporting law, as well as other initiatives, across institutions of higher education. Findings suggest that campus personnel are aware and largely supportive of the new reforms, but they also share concerns. Implications for research and policy development are discussed.     

Book review

Richard Wolin. The Terms of Cultural Criticism: The Frankfurt School, Existentialism, Poststructuralism. Columbia University Press, 1992. pp. 251.

Evelyn Brooks Higginbotham. Righteous Discontent: The Women's Movement in the Black Baptist Church 1880–1920. (Cambridge: Harvard University Press, 1993. xii + 306 pp. $34.95.)

Rickie Solinger. Wake Up Little Susie: Single pregnancy and race before Roe v. Wade. New York & London: Routledge, 1992

Sonia Kruks. Situation and Human Existence: Freedom, Subjectivity and Society. London: Unwin Hyman, 1990.     

Coming to Believe “Truths” About Islamist Radicalization in Europe

This article addresses four assumptions behind many of the current theoretical and policy approaches to individual processes of Islamist radicalization in Europe: the association with terrorism and extremism; determinism; the extraordinary nature of radicals; and the reification of the grievance and collective identity discourse. It argues for an intentional and developmental, rather than structural and socio-economic feature-focused, approach to the explanation of the radicalization process, with the consideration of framing and socio-psychological mechanisms having an impact on individual decision-making processes, and for an overall, broader conceptual understanding of radicalism.     

Presidential hegemony and democratic backsliding in Latin America, 1925–2016

ABSTRACT

Does the executive's institutional hegemony represent a risk to the survival of democracy? By hegemony, we refer to the president's ability to control other institutions, particularly the legislature and judiciary. To answer this question, we develop two indices of presidential hegemony and analyze the duration of democratic regimes in 18 Latin American countries between 1925 and 2016. The results show that executive hegemony is a major driver of democratic instability. This finding is robust to non-linear effects and to potential endogeneity in the relationship between presidential power and democratic backsliding. Our findings challenge traditional concerns about executive-legislative deadlock, and have significant implications for the nascent literature on democratic backsliding, which highlights executive aggrandizement as a risk factor.     

Discrepancies in Death Certificates,Public Health Registries,and Judicial Determinations in Italy

The death certificate is mandated by civil law and serves as a medical‐scientific document useful for biostatistics and epidemiological research. For a variety of reasons, death certificates can be misclassified. We reviewed data from self‐inflicted deaths collected over an 8‐year period by the Forensic Institute of the University Sacro Cuore of Rome (Italy). Four hundred and thirty‐five of 2904 were classified as self‐inflicted deaths (15%). The comparison with death certificates processed by the local public health authority (ASL) and by the Italian National Census Bureau (Istat) and with the judicial investigation results available in the Italian Penal Court archive shows some discrepancies. One‐hundred and twenty‐four of 435 deaths were not considered to be self‐inflicted but due to a crime (29% overrecording suicide) with a higher reduction for women, suggesting that it is easier to confuse a murder for suicide in female cases. Any discrepancies between the mortality and crime data are discussed in details.     

Empathy as a predictor of recidivism among young adult offenders

This longitudinal study examined the role of empathy in predicting recidivism among young adult offenders. During their prison terms, 748 male offenders between the ages of 15 and 28 were administered the interpersonal reactivity index (IRI; Davis, 1980). Official criminal records were used to determine general as well as violent recidivism during the (on average) five years following release from prison. Cox regression models of reoffense rates were calculated using IRI scales as explanatory variables while controlling for age, socioeconomic status, duration of imprisonment, and intelligence. The global empathy score and the subscales of perspective taking and empathic fantasy, but neither empathic concern nor personal distress, contributed to the prediction of recidivism. Furthermore, empathy did not contribute significantly to the prediction of violent reoffending. However, comparing offenders whose index crimes were violent versus nonviolent, violent offenders scored lower on the IRI and recidivated more often with a violent offence than did nonviolent offenders.