法律亚权利基本问题研究

权利是一个不断发展的、开放的体系。在法律体系上,对待权利问题我们常常思维格式化,总是忘却习惯权利和道德权利的存在,常常只承认国家制定法即认为国家制定法是全部的法律,不仅排斥了大量的习惯法而且还否定了社会和文化的价值观念、伦理道德观念与国家法律的相容性。在不同的历史时期和不同的社会关系中,法律亚权利与主导的法律权利是可以互相渗透、互相影响甚至互相转换的。     

角色冲突与青少年犯罪

青少年在社会角色培养和形成过程中 ,社会、家庭、学校三方面的积极影响作用缺一不可 ,任何一个环节出现问题 ,都有可能导致角色冲突 ,影响青少年的健康成长 ,甚至导致青少年犯罪心理的产生     

Public reputation and organised crime: explicating the relationship between racket subcultures and informal social control

This paper examines the influence of traditional organised crime on informal social control in community areas that once had a presence of organised crime while controlling for neighbourhood attachment, satisfaction with the police, social and organisational ties, and tolerance of deviance. The data comes from the Community Survey of the Project on Human Development in Chicago Neighborhoods. The comparative quantitative method was used to analyse the data. The findings indicate that neighbourhoods with an historic reputation for organised crime can report higher levels of informal social control when compared to current racket areas in the city of Chicago. These findings have important implications for the study of deviance. Not only do they suggest that criminals can play an important role in controlling street crime, the findings also suggest that this public reputation remains long after organised crime activities have ceased in the area.     

Subcultural Theory Applied to Jihadi and Right-Wing Radicalization in Germany

This article assesses the applicability of subcultural theories to individual cases of jihadi and Right-wing radicalization in Germany, with a focus on the individual initial situation and motivation for involvement. Within an overall qualitative research design, the article tests deviance/strain and Centre for Contemporary Cultural Studies (CCCS) subcultural theories against four jihadi and three Right-wing extremist cases. The findings show little support for the strain-based status frustration hypothesis, but confirm the illegitimate opportunity structure thesis; modified versions of the CCCS’ resistance, bricolage, and homology concepts; as well as some of the postmodern approaches to agency and cultural cross-fertilization. The jihadi and Right-wing radicals examined here are assertive and purposive agents, strategically using the rich cultural arsenal available in the mainstream and/or other subcultures, while at the same time being themselves influenced by contemporary mainstream preferences of style. The article discusses the implications of these findings for radicalization research and specific subcultural approaches. It argues for a greater focus on both individual agency and the (sub-)cultural context for an improved understanding of individual involvement in political violence.     

职务犯罪亚文化理论及其对职务犯罪防控的意义

自萨瑟兰1924年提出犯罪行为体系时对犯罪亚文化有所论及以来,犯罪亚文化理论得到了长足的发展,到克洛沃德和奥林时已趋于成熟。然而,该理论从一开始似乎就是下层阶级的专利,很难见到用其分析中上层阶级的犯罪行为。因此,有必要把犯罪亚文化理论应用于职务犯罪领域,形成职务犯罪亚文化理论这一崭新的工具,来对职务犯罪进行解释,对职务犯罪防控提供指导。     

The “thinning” blueline: a Bourdieuian appreciation of police subculture

The notion of a recalcitrant “police subculture” is pervasive in the literature on policing, often invoked to explain many of the ills linked to police misconduct and corruption. This article argues that the failure of reform efforts is the result of interventionist strategies which had sought to change police subculture “head-on” without a corresponding change in the structural conditions in which the policing role is so located, and that these efforts, theoretically, have been informed by a conceptualisation of police subculture as homogenous, monolithic, and static. Using the Bourdieuian concepts of the “habitus” and “field”, the view of a “recalcitrant” subculture will be challenged in this article. Using the Singaporean experience as a case in point, it will be shown how changes in the field of policing can bring about changes, intended or otherwise, in the occupational habitus of the police: refashioning the informal repository of knowledge guiding police work.     

Jihadism as a Subcultural Response to Social Strain: Extending Marc Sageman's “Bunch of Guys” Thesis

My aim in this article is to extend Marc Sageman's seminal research on Al Qaeda by re-articulating it through the prism of Albert Cohen's theory of delinquent subcultures, an approach which came to prominence in Criminology in the 1960s, but has since then been largely eclipsed by other approaches in that field. Drawing on Sageman's findings and observations, I suggest that Al Qaeda-affiliated or -inspired groups in the West can be best understood as a collective response or “solution” to the strains encountered by the members of these groups, and that these strains are imposed on them by the circumstances in which they find themselves. My broader aim is to show that although Criminology, with a few exceptions, ignores the subject of terrorism, terrorism studies can appreciably benefit from an engagement with Criminology as a source of theoretical inspiration.     

Palestinian Social Media and Lone-Wolf Attacks: Subculture,Legitimization, and Epidemic

ABSTRACT

This article examines the impact of social media on the wave of Palestinian lone-wolf attacks against Israelis from October 2015 through September 2016. My principal argument is that social media played an important role in shaping the identity, perceptions, and behavioral patterns of dozens of assailants, and was key in creating the dynamic that ultimately characterized both the spreading of the idea of lone-wolf attacks and its execution. Social media reflected reality on the ground while simultaneously nourishing, amplifying, and escalating the situation by providing a platform for the emergence of new sources of authority, including an online subculture with distinct codes and pseudo-ritual patterns to support assailants. Social media also contributed substantially to shaping the contagious character of the attacks, and their capacity to persist without direct organizational guidance, following a typical epidemiological dynamic of spread, containment, and preservation.     

Youth and generation in South African history*

In recent years, “the youth” have captured (or perhaps recaptured) public attention in South Africa. This paper reflects on South Africa’s experience of generational conflict and places it in the broader context of South African history. After attempting to define “youth,” this paper makes two key points. First, far from being a recent development, generational tension has been a continuous feature of Southern African history since at least the late nineteenth century. Second, organized political mobilization is not the way this tension usually manifests itself. Mass youth politics is a specific phenomenon, which needs to be explained historically rather than assumed. The paper focuses on three historical examples to illustrate this: early migrant labor in South Africa, the formation of urban youth gangs, and the sustained youth uprising from 1976 until the early 1990s. It concludes with a tentative attempt to draw some parallels between that phase of rebellion and recent student upheavals.     

Attitudes and Family Violence: Linking Intergenerational and Cultural Theories

Drawing on intergenerational transmission and cultural (attitudinal) theories, this study examines the extent to which attitudes help explain (1) the relationship between experiencing violence while growing up and subsequent violence against one amp apose;s children and spouse, and(2) demographic differences in violence. Structural equation modeling techniques are used to examine data from a representative sample of the general population and a sample of ex-offenders. The findings indicate that experiencing violence while growing up is related to favorable attitudes towards violence against spouses. The experience of violence while growing up and attitudes are related to violence against both children and spouses. The relationship between experiencing violence while growing up and engaging in violence against spouses is mediated by attitudes. The results also suggest that men and nonwhites are more approving of violence towards spouses. However, attitudes do not account for demographic differences in violence against children and spouses.