Counterfeiting as corporate externality: intellectual property crime and global insecurity

Corporate negative externalities occur when corporations place some of the costs of their profit-seeking activity onto society. This paper suggests that the current global problem of intellectual property crime is such an externality, and that it has not been recognised as such because corporations present product counterfeiting and piracy as crimes which reduce their revenue, rather than as predictable side effects of corporate production and merchandising, including branding activity, which have considerable socially deleterious consequences. It is argued that corporate actors are responsible for the socially harmful effects of the global counterfeiting problem in the following respects. Branding, advertising, and other corporate activities drive the market for goods which have a fashion value over and above their use value. While corporations ‘create’ this desire, they cannot prevent it being applied to the desire for fake or replica goods. Outsourcing of corporate production activities to developing countries to take advantage of cheap manufacturing and labour costs presents considerable opportunities to producers in those countries to copy and distribute the goods in an unauthorised way. Serious measures are not taken against product counterfeiters by rights-holding corporations, since market expediency dictates that the costs of counterfeiting are not so adverse to corporations to incentivise them to change their business methods. Counterfeit and pirated goods cause a range of social harms above and beyond the spuriously-costed financial damage corporate rights-holders suggest they suffer - these include the health and safety issues created by some fake goods, and the creation and maintenance of highly profitable organised crime activity in international markets for fake goods.     

Intimate Partner Violence and Risk for Child Neglect during Early Childhood in a Community Sample of Fragile Families

The current study explores the relationship between child neglect and intimate partner violence (IPV) in a longitudinal community sample of 1,740 families with young children, with a special focus on the association between specific typologies of both neglect behaviors and IPV. We focused on families followed across early childhood, because infants and toddlers are at the greatest risk of exposure to neglect (the most prevalent type of child maltreatment), and this period spanning the transition to parenthood presents heightened risk for IPV. We found evidence that coercive IPV is an important driver of the connections between IPV and subsequent neglect through affecting the mother’s well-being and ability to provide basic care and nurturance. Implications for intervention and future work addressing definitions and pathways to neglect are discussed.     

Second-chance Punitivism and the Contractual Governance of Crime and Incivility: New Labour, Old Hobbes

The growing application of mechanisms of contractual governance to behaviour that breaches social norms, rather than the criminal law, appears to represent an ethopolitical concern with delinquent self-reform through the activation of technologies of the self. In fact, there is little empirical evidence that the contractual governance of incivility leads to such self-reform. Beneath the ideology of contractual agreement to observe social norms lies what this paper calls a 'second-chance punitivism' which operates to crystallize behavioural elements of the Hobbesian social contract, after breach, into a more specific form. The responsibilizing and individualizing properties of this form of contractual governance set the moral-ideological platform for a retributive punitivism, when the rational agents it creates fail to live up to their image, and are taken to have wasted their 'second chance'.     

Jean‐Paul Sartre on violence and terror

The article examines Sartre's understanding of the internal meaning of group violence, and in particular the role of violence in forming the group's collective personality. The pledge creates the justification for internal terror; through the group, the ‘origin of humanity’ emerges and a ‘common freedom’ is realized. For Sartre, there is no substitute for the creative function of violence.     

Gender and land rights in Murang'a district,Kenya

Conceptualising rights to land in a framework of legal pluralism, this article explores the historical nature of struggles over land by women and men in a situation of increasing land scarcity. It is argued that the manipulation of customary law and state law is instrumental in increasing gender and, more generally, social differentiation.     

Pension Reform and the Fiscal Policy Stance

The increased budget deficit caused by the privatization of a public pension plan does not imply a relaxation of the stance of fiscal policy. The reform's impact on the fiscal stance and national saving depends primarily on its effect on the sum of explicit and implicit public debt and on the postreform payroll tax and private system contribution rates. Its impact also depends on the difference between the rate of interest on implicit and that on explicit public debt, among other influences. Pension privatization, if not offset by fiscal consolidation, can loosen the fiscal stance in some circumstances.