Prison and Democracy: Lessons Learned and Not Learned, from 1989 to 2009

Dostoevsky, Mandela, and others have long noted that prisons expose social realities, often hidden, particularly inequality and gaps between policy and practice. Prisons symbolize, mirror, and shape the communities and countries in which they exist. Although prisons informed and were intertwined with many of the defining moments of 1989, in the 20 years since, societies often failed to recognize the important role prison and punishment play in relationship to democracy. By not recognizing that “prison matters” in relationship to democracy, polities (whether in transition to democracy or established democracies) failed to adequately learn “prison lessons.” Starting with a case study of South Africa, this paper considers prisons during apartheid and under democratic governance. This case is connected to other comparative and international examples (including Russia, Brazil, and the USA) to identify five lessons learned and not learned concerning prison and democracy. First, policies and practices of imprisonment reflect social orders, especially structures of inequality and understandings of legitimate power and opposition. Second, countries transitioning to democracy seldom anticipate rising crime and invariably neglect the relevance of prisons. Third, nations do not adequately grapple with the role of prison in the past, especially the nondemocratic past. Fourth, in established and recent democracies, penal populism resulted as politicians defined prison as a solution to a host of social ills, ignoring the consequences of expanded punishment. Fifth, prisons shaped key substantive realities beyond their walls, from leadership to recidivism, scandals, fiscal deficits, and crises of legitimacy.     

Results of a curriculum intervention with seventh graders regarding violence in relationships

This research measured the effects of a violence prevention curriculum on the knowledge and attitudes of seventh grade health education students (N=239) about woman abuse using a valid and reliable inventory. Pretests, post-tests, and post-post-tests were administered to experimental and comparison groups. The experimental group received the curriculum intervention,Skills for Violence-Free Relationships. Significant differences were found between the experimental and comparison groups from pretest to post-test on both the knowledge (p=.0027) and attitude (p=.0089) sections of the inventory. This impact did not remain stable at post post-test. These results confirm those found in other studies and reinforce recommendations of the battered women’s movement to integrate violence-free principles into school curricula. Within the experimental group, significant gender differences were found only on the attitude section from post-test to post post-test (p=.0335); females showed greater change over time. Such limited change was not unexpected in a middle school population given the reported formative nature of the subjects’ gender acquisition as contrasted with those at an older age.     

L'herméneutique juridique entre hermétisme et dogmatisme. Le jeu de l'interprétation en droit

Sans résumé     

Who Suffers the Penalty?: A Panel Data Analysis of Earnings Gaps in Vietnam

In spite of its predominant economic weight in developing countries, little is known about the informal sector earnings structure compared to that of the formal sector. Taking advantage of the rich VHLSS dataset in Vietnam, in particular its three wave panel data (2002, 2004, 2006), we assess the magnitude of various formal–informal earnings gaps while addressing heterogeneity at three different levels: the worker, the job (wage employment vs. self-employment) and the earnings distribution. We estimate fixed effects and quantile regressions to control for unobserved individual characteristics. Our results suggest that the informal sector earnings gap highly depends on the workers’ job status and on their relative position in the earnings distribution. Penalties may in some cases turn into premiums. By comparing our results with studies in other developing countries, we draw conclusions highlighting Vietnam’s labour market specificity.     

Deterritorialised territories,borderless borders: the new geography of international medical assistance

This article examines the phenomenon of international medical assistance to populations in distress from the perspective of the new spatial strategies deployed by medical humanitarian organisations. Taking seriously the ‘borderlessness’ of movements such as Médecins sans Frontières (Doctors without Borders, or MSF), the article argues that transnational medical organisations participate in the practice of deterritorialisation. Deterritorialisation means that certain transnational actors now have the ability to intervene below, across and beyond state boundaries. In the case of MSF, going beyond state boundaries is creative of new territorial structures. One such structure is what may be called the ‘space of victimhood’. Under the guise of reaching ‘victims’ the world over, MSF constructs new spaces—humanitarian zones—inside which individuals in distress are identified as ‘victims’, are sorted out, and become recognisable as generalised examples of human drama. This construction of a space of victimhood opens up the possibility for re-appropriations and manipulations by other non-humanitarian actors. Among such actors, one finds global media networks which avidly search for images of victims. By pointing out the potentially non-humanitarian effects of the new spatial arrangements deployed by transnational medical organisations (a phenomenon referred to as ‘transversality’), this article urges international scholars and practitioners to keep a close eye on questions of space and, specifically, on the sociopolitical processes of inclusion and exclusion that such territorial delineations often produce.     

Criminalizing the State

In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by building upon an account of the modern state as a moral agent proper, capable of both culpable moral and legal wrongdoing. I then consider objections to the intelligibility and legitimacy of subjecting states to domestic criminal processes, which primarily find their source in the assumption that such subjection would necessarily involve the state prosecuting, judging, and punishing itself. I argue that whether this (questionable) assumption is sound or not, it does not create the kinds of unsolvable quandaries its exponents think it does. I then move on to reject the distinct, yet related, objection that, at least in aspiring liberal jurisdictions, treating the state as a criminal objectionably involves extending to it various substantive and procedural guarantees that, given its nature and raison d’être, it should not have. Finally, I discuss three central objections to punishing the state. First, that organizations like states do not have the phenomenal consciousness required to suffer punishment. Second, that the constant possibility of dispersion of state punishment amongst individual members stands in the way of its justification. Lastly, that whatever justification there may be for making things harder for the state in response to its culpable wrongdoing, such treatment need not be understood as punishment. While partially conceding the strength of these objections, I strive to loosen their grip in ways that show that justified punishment of the state, meaningfully understood as such, remains a distinct possibility. I conclude by contrasting supposed alternatives to the criminalization of states, and by contending that my analysis leaves us with enough to keep the possibility of state criminalization on the table as a justifiable response to state wrongdoing.     

Keep Them in the Dark: Australian Government Strategy to Weaken Activism against Australia's new Nuclear Reactor

Martin O'Connor, editor: Is Capitalism Sustainable? Political Economy and the Politics of Ecology. New York: Guilford Publications, 1994.

Kate Soper: What is Nature? Oxford: Blackwell, 1995.

Jim Schwab: Deeper Shades of Green: The Rise of Blue‐Collar and Minority Environmentalism in America. San Francisco, CA: Sierra Club Books, 1994.

Michael E. Zimmerman: Contesting Earth's Future: Radical Ecology and Postmodernity. Berkeley: University of California Press, 1994.

Michael Hough: Cities and Natural Process. New York: Routledge, 1995.

Wayne Roberts and Susan Brandum: GET A LIFE! How to make a good buck, Dance around the dinosaurs, and Save the world while you're at it. Get A Life Publishing, Toronto, 1995.

Sara Berry: No Condition is Permanent: The Social Dynamics of Agrarian Change in Sub‐Saharan Africa. Madison: University of Wisconsin Press, 1993.     

A transformation in the French model of shareholding and management

This article explores the French model of shareholding and management, identifying a significant transformation in the pattern of shareholding in the largest companies. In earlier configurations of ownership, first the State and then the system of cross shareholdings were at the centre of French capitalism; the new pattern of shareholding operates under a different logic and motivation. In effect, France has undergone rapid change from a 'financial network economy' to a 'financial market economy'. This new pattern of shareholding has not only broken the traditional system of cross shareholding, but it has also facilitated the arrival of foreign institutional investors who bring with them new techniques and demands on corporate management.     

Foucault,epistemology and history

This paper explores the way in which Michel Foucault utilized, re-worked and applied, in the field of the analysis of epistemological transformations, certain concepts from the history of the sciences that had been deployed the Bachelard and Canguilhem. More particularly, the paper focuses attention, on the one hand, upon the distinction between the present and the actual, from which derives the question of ‘recurrence’, and, on the other, on the idea of games of the true and the false.