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.     

But,i wouldn't wany my wife to work there! A history of discrimination against women in the hotel industry

Historians have tended to view legislation that discriminated against women hotel workers as a result of the efforts of the temperance movement which became popular in the latter part of the nineteenth century. This paper argues that the proponents of the moral suasion explanation oversimplify the complex issue of women's status in the hotel industry. Two distinct types of legislation are identified and the paper argues that they both had very different agendas.

Legislation controlling barmaids was imposed from above on a reluctant hotel industry. It was primarily concerned with the measurement and control of the numbers of barmaids. In contrast, the question of women's right to hold a license dealt with qualitative considerations. Consequently it was more concerned with marital status, age and professional experience of female license applicants. Unlike the barmaid debate, the impetus to restrict women licensees came from within the industry itself. This paper argues that barmaid control was primarily a social issue while the control of women licensees was primarily a labour issue.

The prohibition on women becoming employers in the hotel industry has important implications for the relationship between gender and social class. In spite of the oppressive structural and legal barriers, women have shown remarkable resilience and have been able to preserve their place in an industry which is well suited to their skills.     

The arts of refusal: tragic unreconciliation,pariah humour,and haunting laughter

ABSTRACT

This paper investigates Hannah Arendt’s writings on tragic unreconciliation and pariah humour as offering creative strategies for confronting the deadening of emotion that enables people to become reconciled to what they should refuse or resist. She offers a distinctive contribution to debates on reconciliation and justice, I suggest, by articulating a tragic approach to unreconciliation. Yet Arendt recognised that tragic accounts of violence can reinforce denial and resignation. In writings on the ‘hidden tradition’ of the ‘Jew as pariah,’ Arendt suggests that humour can be an important response to tragic accounts of political violence and a strategy for awakening an emotional response in those who cannot perceive tragedies to which they have become reconciled. As arts of refusal, tragic unreconciliation and pariah humour invoke and subvert the tragic imagination to reveal possibilities for solidarity, responsibility, and transformation that challenge problematic forms of reconciliation – reconciliation to one’s role as a participant in, or bystander to abuse, reconciliation as self-abnegating assimilation, and reconciliation as compromise, scapegoating, or denial.     

‘Fresh attractions’: white slaveryand feminism in New Zealand, 1885–1918

Abstract

New Zealand women participated in an international debate over white slavery from the late nineteenth century. Features of that debate were common to several countries, but local commentators drew upon New Zealand's colonial position to evoke images of old-world ills in a new country. Ironically, however, New Zealand women were not convinced of the existence of white slavery in their country. As part of a catalogue of men's sexual and social oppression of women, the portrayal of gender relations in the anti-white slavery campaign was stark, but deliberate. In their demands that men take responsibility for ensuring that women had the right to walk the streets in safety, New Zealand feminists deployed the rhetoric of white slavery to argue for women's sexual and social freedom.     

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.     

Characteristics of sexual assault and disclosure among women in substance abuse recovery homes

Research suggests that many women experience some form of sexual assault in their lifetime and that women who engage in substance abuse often have a higher incidence of past sexual assault than women in the general population. Given the documented rates of sexual assault among women in recovery from substance use, it is important to explore community interventions that promote positive recovery from substance use and sexual assault. One model that promotes successful substance use recovery is the Oxford House--a democratic, self-supported substance use recovery home. Research demonstrated that living in an Oxford House provides sober social support and that this increased social support may promote the use of positive coping strategies to strengthen recovery from substance use, however; the relationship between social support and sexual assault for women is unclear. Thus, the current study examines the Oxford House model for women in recovery from substance use who have experienced sexual assault. A cross-sectional sample of women living in Oxford Houses in the United States was obtained to examine the relationship among disclosure of sexual assault, social support, and self-esteem. Results suggested that many women used Oxford House as a setting in which to disclosure prior sexual assault. Results also indicated that women who disclosed their assault experience reported higher self-esteem and social support than women who had not disclosed. Possible implications include the value of substance abuse recovery homes as a safe, supportive environment for women to address issues related to sexual assault.     

Law’s not hard; it’s just hard to get into: a study of alternative entry students to law school

Widening access to higher education is a challenge currently under discussion in Australia and the United Kingdom. The increasing number of alternative entry programs offered by universities has made tertiary study, including law study, more accessible. One concern with widening access to legal education is the ability of students entering law school through means other than very high academic scores to undertake a law degree successfully. Students who enter law school are generally referred to as “high achievers”, having qualified through an admission policy based on competitive rankings. The implementation of equitable access programs in some Australian universities has resulted in a number of places being made available to final year high school students who meet the eligibility criteria. Lowering the entry requirements to some courses provides opportunities for students whose circumstances have affected their ability to attain competitive ranking scores. The Principals’ Recommendation Scheme (PRS) is one of these programs. The University of Technology Sydney in New South Wales, Australia commenced the PRS in 2012. UTS:Law was one of the first Faculties to develop a strategy to support these students. The Faculty is committed to resourcing all students in their study and, as a result, is engaged in the ongoing evaluation of the academic and co-curricular programs provided to students. This paper explains the implementation of the PRS and the relevant support infrastructure available to students. It also considers the research into student retention and academic success and makes a preliminary assessment that, to date, the PRS students are succeeding in the transition from secondary education to law school, and that the existing infrastructure is accommodating the needs of these students. The PRS is an alternative entry scheme that provides a model for consideration by other law schools, committed to widening access to legal education.     

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.     

Working on the Ground. A Collective Biography of Feminine Subjectivities: Mapping the Traces of Power and Knowledge

In this paper we map the traces of power and knowledge as we read them at play in our own memories and as we make sense of them from a Foucauldian perspective. Our question here is twofold: how might we use Foucault to read our embodied memories of power and knowledge; and how might we use the analysis of those stories to enable us better to see the implications of Foucault's writing for the analysis of subjects' enmeshment in power/knowledge relations? We use as the ground of our analysis our own embodied memories of achieving ourselves as appropriate(d) subjects (as girls and women, in relation to men--fathers, lovers, and husbands). Our trajectory in this paper is double. First, it has been towards uncovering the ways in which girls and women might be said to be powerful, even when they are complicit in their own subjection. Second, it has been to show that when Foucault defines all acts of power to involve the possibility of resistance and freedom, and he takes the opposite, a state of domination, to arise from 'economic, political, or military means', he has not fully acknowledged the extent to which the repeated, minute accretions of everyday practices can generate sedimentations of lines of force that may also be understood as a state of domination.     

Postmodern Jurisprudence: Contesting Genres

It has become a common place of contemporary legal theory, particularly postmodernist legal theory, to reject modernist jurisprudence’s assumption of law’s disciplinary autonomy. Within this enthusiasm for interdisciplinary approaches to law, what is less common is detailed analysis of precisely how interdisciplinarity is figured, rhetorically and epistemologically, in the discourse of contemporary legal theory. It is with a view to detailed analysis of this kind that this paper emerges. Its aim is to explore in detail how interdisciplinarity might be figured, and with what consequences, in the jurisprudence of postmodernity. The particular site of this exploration will be Costas Douzinas and Ronnie Warrington with Shaun McVeigh’s Postmodern Jurisprudence: the Law of Text in the Texts of law. Published in 1991, this text remains widely influential – it has become a contemporary classic in its genre. It is not the intention of this paper, however, to represent this text as exemplary. Rather, this paper intends to read this text in its particularity, to focus on its particular vision of postmodern jurisprudence. Specifically, this paper argues that Postmodern Jurisprudence figures interdisciplinarity in terms of genre; and that this understanding of interdisciplinarity is problematised by the unacknowledged contradictions between the different conceptions of genre – one associated with Jacques Derrida and the other associated with Jean-François Lyotard – which the text invokes. This paper argues that the project of postmodern jurisprudence – as title and as label – appears rather differently if it is imagined, on the one hand (following Derrida) according to the logic of the passe-partout and, on the other hand (following Lyotard), according to the logic of the differend. The paper concludes that this internal tension should at least give us pause for thought when approaching the complex phenomenon of interdisciplinarity in postmodern legal scholarship more generally.