Seeing War as Criminal: Peace Activist Views and Critical Criminology

A hallmark of critical criminology is its critique of the traditional definition of crime. For decades, critical scholars have proposed humanistic definitions of crime that bring state violence into the purview of academic criminology—although outside of critical criminology this is a matter of great contentiousness. This study investigates the views of those involved in peace activism, but not in any way associated with academic criminology, about the application of the term ‘crime’ to war, specifically the recent US war on Iraq. Given that there is no existing research on this subject, the article also examines how peace activists define crime generally and whether they believe those responsible for the war should be regarded as war criminals. Not surprisingly, semi‐structured interviews with 13 anti‐war activists reveal significant support for elements of critical criminological definitions of crime but an unexpected concern on the part of some that the application of the term ‘crime’ to war could be counterproductive in efforts to stop state violence. The rationales for this concern, as well as those for other issues addressed in the study, are largely presented in the interviewees’ own words.     

Internal reliability and construct validity of the Novaco Anger Scale-1998-S in a sample of violent prison inmates in Sweden

Abstract

In this study, the internal reliability and construct validity of the recently adapted Swedish version of the Novaco Anger Scale (NAS-1998-S; Lindqvist, Dåderman, & Hellström, Social Behavior and Personality, 8, 773–788, 2003), as well as its scale correlations with demographic and criminality variables, were investigated. Construct validity was established by assessing the correlation pattern of the scales of NAS-1998-S with concurrent scales of similar and distinct constructs. Ninety-five male violent prisoners, ranging in age from 18 to 67 years, participated. The results demonstrated good internal reliability, consistent intrascale relationships, and appropriate construct validity of NAS-1998-S. The number of previous convictions had a moderate negative relationship with the capacity of control. Age and education correlated negatively with the NAS-1998-S scales, except Regulation. In addition to psychometric issues, the results were discussed from a clinical perspective on the offender population.     

‘Done to death by father or relatives’: Irish families and infanticide cases, 1922–1950

In February 1929 the Bishop of Ossory commented on the fact that in Ireland illegitimate infants were often ‘done to death by father or relatives’ (Irish Catholic, 16 February 1929). There were many instances where family members of unmarried women who gave birth were the sole defendants or co-defendants in infanticide cases in post-independent Ireland. Although illegitimate infants were ‘done to death’ by their fathers in a number of cases that were tried at the Central Criminal Court in Dublin between 1922 and 1950, this article will focus on cases where infants were murdered or suspected of having been murdered by relatives of the birth mother both in the Twenty-Six Counties and in Northern Ireland (Irish Catholic, 16 February 1929). For the purposes of this article I have referred to the murder of illegitimate infants as ‘infanticide’ even though there was no separate charge of infanticide in the Irish Free State until 1949. The English infanticide acts of 1922 and 1938 also applied to Northern Ireland. This article discusses the motives of the relatives of single mothers who played a part in the deaths of illegitimate infants. Unmarried motherhood was severely frowned upon in Ireland and the relatives of single pregnant women assisted their female kin in destroying the evidence of extra-marital conception in order to protect the family's honour and moral reputation in the wider community. The records of infanticide trials provide a great deal of insight into the ways in which mainly working-class families dealt with the strain of pregnancy outside wedlock in Ireland between 1922 and 1950.     

从三个“谁”的角度分析中国国有公司治理——鉴于日本的失败经验

在日本,公司治理的效力很早以前就成为较大的问题,很多人认为日本的许多经营者监督机制并没有发挥应有的作用,而是存在很多漏洞,这是因为日本的法律和现实情况之间存在很大的距离,比如日本的法律规定股东大会选任监事和董事,董事会和监事对董事或者代表董事进行监督,而在现实情况中,社长把握着极大的权力,可以选任自己的部下作为监事和董事,甚至在退休之后都可以垂帘听政。因此,20世纪90年代以后,日本引进了美国式的公司治理制度,但是这种公司治理制度改革不能认为是很成功的,以日本的失败经验为基础分析中国大型国有公司的公司治理问题很有参考价值,这就是日本没有从三个"谁"的视点进行改革。     

劳动权的防御权功能与国家的尊重义务

防御权功能是劳动权的首要功能,以防止国家权力的干预、为公民创设"自由空间"为旨趣。公民劳动权的起始之处,即国家权力的终止之所。防御权功能属于"主观权利"范畴,公民享有"不作为请求权"、"停止侵害请求权"。尽管我国《宪法》未规定劳动自由,然而,从"事实"与"规范"二维度看,防御权功能亦是我国劳动权的题中之义。劳动权的防御权功能之实现仰赖国家履行"消极不作为"的"尊重义务"。尊重义务是劳动权保障的根本义务,立法机关和司法机关是尊重义务的主体,行政机关在一定程度上具有尊重义务的主体资格。     

The pressures for protection

Japan's Unequal Trade, by Edward J. Lincoln. The Brookings Institution, Washington, 1990. xiii+223 pp. $26.95. ISBN 0–8157–5262–8.

Japan's Quest for a Role in the World: Roles ascribed to Japan Nationally and Internationally, by Bert Edström. Institute of Oriental Languages, University of Stockholm, Stockholm, 1988. xiii+325 pp. ISBN 91–7146–585–5.

Japan at the Summit: Its Role in the Western Alliance and Asian‐Pacific Cooperation, by Shiro Saito. Routledge for RIIA, London, 1990. xii + 220 pp. £30. ISBN 0–415–04271–2.

Made in Japan And Other Japanese ‘Business Novels’, translated and edited by Tamae K. Prindle. M. E. Sharpe, Armonk, NY and London, 1990. xviii+203 pp. $24.95, ISBN 0–87332–529‐X.

Trade and Investment Relations Among the United States, Canada and Japan, edited by Robert M. Stern. University of Chicago Press, Chicago and London, 1989. viii+448 pp. £47.25 ($43.95). ISBN 0–226–77317–5.

International Economic Pluralism: Economic Policy in East Asia and the Pacific, by Peter Drysdale. Allen and Unwin Australia, Sydney and London, 1988. 294 pp. £20 paperback. ISBN 0–04–350075–7.

Japanese Business Down Under: Patterns of Japanese Investment in Australia, by David W. Edgington. Routledge, London and New York, 1990. xiv + 294 pp. £40. ISBN. 0–415–03499‐X.

Japan's Foreign Policy, by Reinhard Drifte. Routledge and the RIIA, London, 1990. x + 112 pp. £7.95. ISBN 0–415–03234–2.

Japan's Trade Policies: 1945 to the Present Day, by Takashi Shiraishi. Athlone Press, London, 1989. viii + 228 pp. £37.50. ISBN 0–485–11363–5.

Resisting Protectionism: Global Industries and the Politics of International Trade, by Helen V. Milner. Princeton University Press, Princeton, NJ, 1988. xiii+329 pp. $29.50. ISBN 0–691–05670–6.     

The emergence of the entrepreneurial state in contemporary China

As market reform has progressed in China, state bureaux have adapted and become entrepreneurial. This contradicts expectations that states will either simply retreat in the face of encroaching markets to play a minimal role in the economy, or obstruct market‐oriented change through bureaucratic conservatism or rent‐seeking. This paper describes the state entrepreneurialism that has appeared in the Chinese city of Tianjin in the early 1990s and explains its emergence as the consequence of both market‐induced structural transformation and the resultant changing incentives and demands on officials. It proposes the ‘entrepreneurial state’ as a model of state adaptation to marketization and assesses its implications for both our conception of the developmental state and for anticipation of rent‐seeking and resistance to market reform.     

Introduction to session 2: Magnitude of the crisis: The fiscal and human costs

Abstract

Many are looking to California and its state housing law for advice on how to deal with the affordability challenges affecting many metropolitan areas throughout the nation. It is thus critically important to go beyond the laws themselves and examine how state and municipal governance structure affects affordability, supply, and production. Some states give broad freedom to localities to develop policies that can potentially meet a range of goals and objectives. Others directly undermine those efforts by limiting local ability to pursue policy reforms while simultaneously failing to engage on the state level.

The redefinition of federalism on the national level, coupled with continued resistance to growth from some localities, establishes the state as at least an equal partner in dealing with housing supply and affordability issues. Understanding these distinctions is important, and the housing community needs to take them into account as it moves on the state front.     

The changing geography of metropolitan opportunity: The segregation of the poor in U.S. metropolitan areas, 1970 to 1990

Abstract

This analysis uses census tract data to measure the segregation of the poor in U.S. metropolitan areas in 1970, 1980, and 1990. Two measures of segregation are used: the indices of dissimilarity and isolation.

In 1990 the mean dissimilarity of the poor in the 100 largest U.S. metropolitan areas was 36.1, which is substantial but below the 60.6 dissimilarity of blacks. The 1990 isolation of the poor was 21.0. From 1970 to 1990, the dissimilarity of the poor increased by 11 percent, and the isolation of the poor rose by 9 percent; in contrast, racial segregation declined. Exploratory regression analyses reveal that income segregation in metropolitan areas was significantly greater in 1990 and increased more from 1970 to 1990 in the Northeast than in the South and West. Midwest areas generally were not significantly different from Northeast areas in 1990 segregation levels or in changes from 1970 to 1990.     

The Sacred,Social Creativity and the State

Abstract

This paper explores the specific contribution of a strand of contemporary French social theory founded by Cornelius Castoriadis and Claude Lefort to the under standing of human power. It formulates a conception of power that transcends its definitions in terms of physical coercion or institutionalised violence to reveal the way power is creative and institutes the social. Its reflection on the cultural nature of political power and it role in society is shown to extend the pioneering reflection of Durkheim's sociology, especially as regards the homology that exists between religion and politics. The social role performed by the state explored by Durkheim prefigures Gauchet's theory of the state, which builds on Lefort's work. Gauchet's theory can be said to elaborate a critical synthesis of the two stands of Durkheim's work: the sociology of religion and the sociology of the modern state. This synthesis raises questions on the role played by the European state in the development of individualism, in both its political and economic manifestations.