Deserved Delayed Release? The Communicative Theory of Punishment and Indeterminate Prison Sentences

Indeterminate sentencing is a sentencing practice where offenders are sentenced to a range of potential imprisonment terms and where the actual release date is determined later, typically by a parole board. Although indeterminate sentencing is often considered morally problematic from a retributivist perspective, Michael O’Hear has provided an interesting attempt to reconcile indeterminate sentencing with the communicative version of retributivism developed by Antony Duff. O’Hear’s core argument is that delayed release, within the parameters of the indeterminate sentence, can be seen as an appropriate retributivist response to the violations of prison rules. This article highlights several problems in O’Hear’s proposal and argues that the communicative theory is not easily reconciled with his proposed model for indeterminate sentencing. In conclusion, it is argued that proponents of the communicative version of retributivism should resist indeterminate prison sentences.     

Michael Leifer and the balance of power

Abstract

In the work of the late Professor Michael Leifer few concepts are invoked more often than the balance of power. It was due to his reliance on this concept that Michael Leifer came to be widely regarded as an exponent of realism and an advocate of countervailing balance of power practices. By reviewing Leifer's own writings, this article not only re-examines the now almost standard interpretation of his work, but also investigates the significance of the balance of power in his scholarship in new ways. The first section identifies the two key meanings Leifer explicitly imputed to the balance of power. It also examines Leifer's arguments relative to what he perceived as changes in the balance of power. This will be done with reference to his analyses of the international politics of Southeast and East Asia in the Cold War and post-Cold War period. The second section extends the discussion on the particularities of Leifer's writings on the balance of power, but relates it specifically to the question of what Leifer's writings suggest about his theoretical home. His ability to demonstrate the significance of the balance of power as a political factor in the foreign policies of individual Southeast Asian states is the focus of the third section. Finally, the article builds on Leifer's empirical writings on the importance of psychological factors in relation to the balance of power as policy to take up theoretically important questions that he himself did not pursue, particularly about the extent to which the balance of power is the product of struggles for security and recognition. The article draws three conclusions. First, Leifer should be thought of not as a diehard advocate of conventional balance of power practices, but rather as a scholar broadly working within English School parameters who was deeply wedded to the idea that the balance of power is necessary to uphold regional order in international society in the context of the rise of a potentially hegemonic power. Second, one of the finest aspects of Leifer's scholarly legacy is to be found in his discussion of the balance of power factor in the foreign policies of Southeast Asian states. Third, Leifer should also be an inspiration to those interested in empirical work underlining the importance of struggles for recognition in the formation and practice of the balance of power.     

Pulses from the multitude: virtuosity and black feminist discourse

Using a dialogic format this conversation between two authors uses political theorist Paolo Virno's conception of the “multitude” to examine and compare two different arenas of black feminist protest that took place on social media in the latter half of 2013. As a performative article, it offers historical and theoretical background to the terms “multitude,” “public intellect,” and “virtuosic labor” in racialized capitalist formations, situating them to provide an alternative to the power of the State – an alternative that unlike the State does not claim to confer rights. The article looks at the Facebook response to a call from the Crunk Feminist Collective to white feminists to speak out on the verdict exonerating Trayvon Martin’s killer and offer counter images to those that describe Martin's killing as justified. It then looks at the public dialogue around the applicability of the term “feminism” to Beyoncé's self-titled “visual album.” Through aesthetic inquiry, the authors look at the form these examples of protest take to situate and propose the active viewing of these aesthetic forms by others on social media, as well as by the authors of this article, as a kind of virtuosic labor. The article concludes with a series of poems created using the “cut-up” technique designed to transmit feeling through subjective action and a task manifesto for white feminists to use as a guide.