The Legality of Law

Abstract. In this paper I outline various different objects of investigation that may be picked out by word “law” (or its cognates). All of these objects must be investigated in an integrated way before one can provide a complete philosophical explanation of the nature of law. I begin with the distinction between laws (artefacts) and law (the genre to which the artefacts belong). This leads me to the distinction between the law (of a particular legal system) and law (the genre of artefacts). Then I discuss the contrast between law (the genre of artefacts) and law (the practice). Finally I comment on legality as the name of an ideal for laws and legal systems to live up to. I commend H. L. A. Hart's explanation of the nature of law for investigating these various objects in an integraed way, while nevertheless respecting the distinctions among them. I also criticise some of R. M. Dworkin's work for failing to respect the same distinctions.     

Anticipating organized and transnational crime

This paper seeks to identify ways in which governments and lawenforcement agencies might enhance the effectiveness of their efforts toanticipate organized crime. It starts by defining what is meant byanticipation, and differentiating it from the much more difficult task ofprediction. The analysis then identifies some of the methods and modelsthat are generally accepted as part of the existing knowledge base onorganized crime and highlights how these can be used to anticipate futuredevelopments and to develop warnings about how criminal organizationsmight evolve and behave in the future. The knowledge base includespolitical, economic, sociological, strategic, and composite models and showshow they provide a foundation for anticipating future developments inorganized crime. The models are either models about the kind ofenvironment in which organized crime flourishes or models about the waysin which organized crime behaves. What we do, in effect, is to identifyand elucidate `models' in ways that provide propositions about the kindsof developments, innovations or changes we might see in organized crime(both domestic and transnational) in the future. Underlying indicators provide warning about future manifestations of organized crime. Anticipating these manifestations provides a basis for appropriatepreventive, defensive or mitigating strategies. Finally, the article providessome examples of specific techniques of information collection andintelligence analysis that might assist in this task of anticipation.     

A survey of micro-enterprise in urban West Africa: drivers shaping the sector

This article identifies some key factors shaping the micro-enterprise sector in urban French West Africa. Drawing on interviews with micro-entrepreneurs and micro-finance practitioners in Benin, Burkina Faso, Niger, and Togo, the study explores the needs, characteristics, motivations, and success factors for micro-entrepreneurship in the region, together with some of the impediments to the growth and success of micro-enterprise ventures. It was found that those operating micro-enterprises in the informal economy are entrepreneurs principally by necessity, and that their most basic needs tend to drive their business activities and behaviours. It was also observed that their success was constrained by a number of barriers, including poor access to capital, poor training, and general aversion to risk. As a result, the development of the micro-enterprise sector in urban French West Africa has been sub-optimal, and the authors conclude that this situation may persist unless broader economic and social barriers are addressed.     

Factors affecting the transfer of technology from industry/university cooperatives to sponsoring companies

This paper illuminates the technology-transfer process by identifying the factors affecting the implementation decisions of sponsor companies with regard to eight projects conducted at two industry/university cooperative-research centers. Telephone interviews with corporate-sponsor representatives provided the data. The factors reported most often as influential in the decision of whether or not to use research results were relevance of the project, researcher's ability to demonstrate the usefulness of the results, and the quality of communication with the researcher. When results were not used, lack of company support and lack of communication within the company also appeared to be influential. The end result of these analyses is a model depicting the factors that affect the implementation decision.     

Client Games: Defense Attorney Perspectives on Their Relations with Criminal Clients

In this study, relations between criminal defense lawyers and their clients are explored from the attorneys'perspective using interviews with 155 defense counsel from nine felony trial courts. Attorneys claim public clients are more skeptical and less willing to accept their professional authority than private clients and that they need to take extra steps to gain their cooperation. The accountability of attorneys is investigated in relationship to the need to establish "client control. " This problem is resolved through a gamelike situation leading to the apparent paradox that attorneys share decision-making power with public clients contrary to their expectations.