From underworld to underground

In the West economically motivated crime is usually perceived as a matter for the police while the performance of the economy is a matter for the political authorities. This paper argues that the growth and evolution of the modern underground economy has made such a distinction obsolete. Not only have the frontiers between the legitimate and the criminal sectors of the economy blurred, but the distinction between the explicitly criminal and the merely informal aspects of the modern underground economy has become largely meaningless. Given the tremendous growth of underground activity, this means that the issue must now be addressed not just on the enterprise level, as a police matter, but on the level of the economy as a whole, by economic policy makers. This in fact is something that many developing countries long ago realized. The paper therefore asks whether developing countries have been any more successful in using monetary, fiscal and balance of payments policy to mitigate the adverse social and economic impact of widespread underground economic activity than have Western countries who have relied mainly on the sanction of criminal law. It concludes that both approaches are deficient in so far as they neglect the degree to which modern underground activity can no longer be seen as a manifestation of deviant economic behavior so much as a virtual economic insurgency against the status quo distribution of income and wealth and the codes of economic behavior which accompany it. However dramatic are the financial manifestations of the spread of enterprise crime, ultimately the challenge it poses must be addressed as the political and ideological level.     

The underworld of art

Although crime in the market for fine arts has a long historical pedigree, the explosive growth of the market, and the conversion of art (along with collectible goods of all sorts) into speculative assets, that began or at least accelerated in the mid 1970s, focused increasing attention on the phenomenon. At the same time the issue of protecting cultural patrimony became a subject of greater contention between source and market countries, while common law and civil code jurisdictions struggled over how to reconcile approaches to regulation and enforcement. This paper highlights these issues with specific reference to the market for high-end paintings although its lessons are germane to all subdivisions of the collectibles market. It attempts to elucidate the main criminogenic factors—speculative shifts in demand, fraudulent supply, and illegal activity by various intermediary institutions ranging from dealers to appraisers to auction houses, while highlighting the role of collectors, museums, and financial institutions both as victims and active participants. Despite enduring myths about “organized crime,” illegal operations in the art market are the work overwhelmingly of insiders who alone have the technical knowledge and circle of intimates necessary to link an illicit supply with a demand that can range from the strictly legitimate, the legal but dubious, and the explicitly criminal. The critical lesson is that stolen, forged or smuggled material makes its way through much the same circles of intermediaries and ends up for the most part in the same locations and the same hands as artwork of legal origin.     

The role of coronial autopsies in a context of decreasing hospital autopsies: an investigation of the issues

This article scrutinises the argument that decreasing hospital autopsy rates are outside the control of medical personnel, based as they are on families' unwillingness to consent to autopsy procedures, and that, as a consequence, the coronial autopsy is the appropriate alternative to the important medical and educational role of the autopsy It makes three points which are well supported by the research. First, that while hospital autopsy rates are decreasing, they have been doing so for more than 60 years, and issues beyond the simple notion of consent, like funding formulae in hospitals, increased technology and fear of litigation by doctors are all playing their part in this decline. Secondly, the issue of consent has as much to do with families not being approached as with families declining to give consent. This is well supported by recent changes in hospital policy and procedures which include senior medical personnel and detailed consent forms, both of which have been linked to rising consent rates in recent years. Finally, the perception that coronial autopsies are beyond familial consent has been challenged recently by legislative changes in both Australia and the United States of America which allow objections based on religion and culture to be heard by coroners. For these reasons, it is argued that medical personnel need to focus on increasing hospital autopsy rates, while also addressing the complex ethical issues associated with conducting medical research within the context of the coronial autopsy.     

‘Gone are the Days’: Bisexual Perspectives on Lesbian/Feminist Literary Theory

In this article I offer a map of recent UK and US lesbian feminist literary theory which highlights the shifting and often paradoxical interpretations of lesbian sexuality as both real and as metaphorical. I focus on two key texts which offer overviews and analysis of the field from different sides of the Atlantic, which are both accessible, in the sense of being written from the perspective of ‘ordinary’ lesbians, rather than structuring lesbian feminist literary criticism around traditional critical concepts, and which also, unusually, offer some (small) comment on bisexuality. These two works are Bonnie Zimmerman's Safe Sea of Women (1992), and Palmer's Contemporary Lesbian Writing (1993). I argue that lesbian/feminist literary theory offers particular constructions of sexuality which, while challenging many of the assumptions of heterosexual feminist literary theory, largely ignores the bisexual content of much lesbian fiction, and consequently glosses over some of the tricky areas of gender and sexuality difference. Through this ‘les/bi’ reading I hope to encourage the figure of the bisexual woman to question both constructions and deconstructions of lesbian sexuality.     

Loose cannons: Covert commerce and underground finance in the modern arms black market

The 1990s have already witnessed an explosion of social and political violence, with the threat of much more on the way. Many explanations have been offered — the stripping of the constraints formerly imposed by the Cold War alliance system; the delegitimization of states and the resurgence of ethno-religious identification; the end of the post-War social consensus that promised (though often did not deliver) a modicum of distributive justice.The paper stresses another, more mundane explanation — namely, the triumph over efforts at control of a free market in the instruments for effecting social and political change by violent means. It explains the contradiction between the amount of human, social and political damage weapons do and the ease with which they are acquired by exploring structural changes in the world arms black market since the 1980s.First, it argues that existing data showing a sharp decrease in international arms transfers can be reinterpreted in a much more pessimistic way, in part because of the operation of the modern black market.Second, a definition is offered of a black market transaction, differentiating it from otherwise legitimate deals that are criminalized on either the supply or demand sides.Third, it notes dramatic changes in the nature of the demand for weapons that drives more buyers into the black market.Fourth, it examines changes on the supply side that have made it so easy for a black market participant to acquire weapons, whether for direct end-use or for resale.Fifth, broad structural changes in the machinery of black marketeering in general, and their applications to the arms market in particular, are outlined.Sixth, a profile of the modern, as distinct from the traditional, gun running profession is offered, stressing the ambiguous role of the intelligence services in the traffic.Seventh, a black market arms deal is traced in its various stages through the machinery of covert commerce, while exploring at each stage the implications for pricing.Eight, the return flow of money is analyzed, from the point of view both of the form in which payment is made and the role of the formal banking system in handling and laundering the flow.Ninth, the financial problems facing non-state buyers and the consequent role of unconventional currencies is examined.Finally, some observations are offered about the implications of recent developments in the arms market for issues of arms control and international security.     

The underworld of ivory

This paper examines the emergence and operation of the illegal market for ivory, paying particular attention to the institutional structure and criminogenic characteristics of the industry. It notes that many of the problems associated with modern regulation have deep historical roots. While much anti-animal trade rhetoric emphasizes the alleged participation of “organized crime” in the clandestine traffic, the reality is that, not just with ivory, but with all wildlife trade, the illegal market is run (and always has been run) by the same actors who operate the legal one, and with the same infrastructure. On the other hand, while much free-market rhetoric insists that regulations, along with taxes and prohibitions, simply lead to underground activity which frustrates the objectives of the policy, in reality the causes of the growth of the illegal market are much more complex. Certainly some illegal trade in ivory dates back to the very start of conservation regulations, but it was not sufficient to pose a threat to the survival of the affected species. Rapid growth of the illegal market really dates from the 1970s. It emerged in response, not to regulatory changes, but to inflated demand due to exogenous financial changes on one side and the interaction between increased human pressure on habitat and a shifting international geo-strategic context on the other. The ivory trade was associated with civil strife long before “blood diamonds” or “conflict timber” came into vogue. Pressure on the herds, which had reached apparently crisis proportions by the late 1980s, led to a shift from a regulatory to a prohibitory regime. Although that shift was presented as essential to save the species, the experience with supply-side controls in general calls such optimism into question. Legal initiatives originally evolved to affect market behavior in advanced industrial countries may be of dubious merit when applied to the radically different problem of policing “crimes against nature,” particularly in places where competition for resources is acute, administrative structures are weak, and governments may lack in legitimacy in the eyes of significant portions of their populations.     

The 'Bad Mother' in Media and Legal Texts

Mothers who kill or injure their children highlight crucial disjunctions between the status ‘mother’ and the practices and expectations of mothering. Failures of ‘mothering’ reconstruct the meaning of the maternal, while being themselves given meaning by it. Violent mothers may be pathologised and excused, demonised and condemned, but the explanatory narratives that are used draw centrally on notions of the maternal and, more broadly, the feminine. These discourses are reproduced in legal proceedings and sentences, and in the media reports of these proceedings. This paper will analyse the construction of the bad mother in legal proceedings in one prominent recent Victorian case, and in the print media reports of this case.