(Post)Colonial [1] Encounters: gendered racialisations in Australian courtrooms [2]

This article identifies how the Australian legal system has generated knowledge about ‘traditional’ gender relations in Aboriginal Australia. Using a sample of artefact cases from the Australian judicial system, constructions of Aboriginal gender relations are mapped. By tracing knowledge production in these cases, it demonstrates how the non-Aboriginal Australian legal system has fabricated its own versions of ‘Aboriginal Customary Laws’, or Aboriginal ‘traditions’ about violence committed by Aboriginal men, against Aboriginal women. (Post)colonial understandings about the Aboriginal ‘other’ have occupied spaces in legal understandings and then been enforced in law. The Australian judicial system itself is therefore guilty of perpetuating and privileging the ‘colonial’ in these encounters.     

Rethinking Bureaucrats in the Policy Process: Criminal Justice Agents and the National Crime Agenda

Policy scholars have noted that bureaucrats can play an important role in defining policy alternatives. Few studies, however, examine the extent of their involvement in this process. This study contributes to public policy scholarship by offering a framework for understanding the strength of bureaucratic involvement in the process of defining problems and policy alternatives. Using witness data from congressional hearings on crime between 1947 and 1998, I find that federal, state, and local criminal justice bureaucrats have come to occupy a central role in the process of defining policy alternatives. In addition, I find that the centrality of criminal justice actors comes at the expense of interest groups, community organizations, and citizens/victims. Implications for criminal justice policy and understanding bureaucratic involvement in the policy process are discussed.     

Mine closure,women, and crime in Matjhabeng,South Africa

Research from the Global North suggests that crime increases during a mining boom but not during mining decline. Our evidence from the South African gold mining town of Matjhabeng (formerly Welkom) shows that crime increases during mining decline and affects women in particular. We use social disruption theory to explain women’s experiences of crime and also their involvement in it. We find that criminal activities harm women in particular, that crime has become entrenched within female-headed households, and that women are conflicted in their roles as parents and become participants in crime and beneficiaries of criminal activities. It is a matter for concern that research generally ignores the sociospatial nature of mine closure and its effects on women.     

Bringing Daesh to Justice: What the International Community Can Do

This paper explores the response of the international community to the atrocities perpetrated by Daesh in Syria and Iraq. The paper focuses on the crime of genocide and the recognition of the crime by several international institutions and states. Within this discourse, we argue that the Christian minorities should be included as victims of the Daesh genocide. The paper finds that the international community failed to respond to the Daesh atrocities adequately and explores the legal options to ensure that the Daesh fighters are brought to justice. The paper considers the legacy of previous responses to mass atrocities and explores their plausibility. The paper further scrutinizes the progress made to date to bring Daesh to justice and considers other options how the criminal justice can be achieved.     

职务过失犯罪处罚原则的理性思考

职务过失犯罪是业务过失犯罪中的一类。由于职务过失犯罪的行为人在从事公职的过程中亵渎自己的工作职责,严重侵犯国家机关及其他国有单位的正常活动,侵犯公共财产、国家和人民群众利益,故学界普遍主张对职务过失犯罪应从严惩处。为了加强对职务过失犯罪的处罚力度,从刑法理论的角度分析刑法处罚职务过失犯罪的现状、进行中外刑事立法的比较研究、论证从严惩治的法理、提出完善刑事立法的建议是十分必要的。     

Rethinking Cultural Genocide: Aboriginal Child Removal and Settler‐Colonial State Formation

This paper examines the use of the concept of cultural genocide to understand one particular episode in Australian legal, political and social history, the removal of Aboriginal children from their families, mostly during the 20th century. After outlining the approach of Australian courts to the idea of cultural genocide, the paper examines the construction of the UN Genocide Convention, particularly the clause concerning the forcible removal of children, which illustrates the underlying instability of the boundary between a cultural and a physical understanding of genocide. It then explores how this instability was manifested in the development of early 20th century Australian legislation concerning the ‘protection’ of Aborigines, indicating the underlying racially‐oriented coerciveness of conceptions of Aboriginal ‘welfare’, and concludes by reflecting on the wide range of ways in which the concept of genocide can and should be used, especially in capturing the experience of Indigenous peoples under settler‐colonialism.     

Genocide as Fact and Form

ABSTRACT

In June 2019 Canada's National Inquiry into Missing and Murdered Indigenous Women and Girls released its final report. This short Reflection focuses on the National Inquiry's supplementary legal analysis, which concerns the law of genocide. I contend that this analysis is correct in holding that the murder and disappearance of large numbers of Indigenous women, girls, and other persons ought to be understood as an ongoing crime facilitated by specific policy choices, legal decisions, and socio-economic structures. I also contend that the systemic, recurrent, and large-scale nature of this crime is best captured by the term “genocide.” I argue that formal legal definitions of “genocide” such as the one offered in the 1948 Genocide Convention, though conceptually clunky, historically contingent, and politically inadequate, are key to illuminating some of the structural forces underlying and animating a range of events that may otherwise appear unrelated. Genocide, the ultimate collectivist crime, is a concept of preponderantly legal origin, which means that serious consideration must be given to its specifically legal definition when trying to determine whether it is justifiable or appropriate to apply it to a given social phenomenon. Its standard legal definition may be unable to do justice to the specificities of different modes of group violence, but its abstract generality is also what enables those who employ it to highlight the intrinsically systemic character of such destruction. Ultimately, I suggest that Canada's genocide “debate” turns on the relation between “law” and “society”—the question, that is, of how precisely a legal definition is to be interpreted and applied under different, and often rapidly changing, social conditions.     

Die Seele auf der Bühne der Justiz. Die Entstehung der Kriminalpsychologie im 19. Jahrhundert und ihre interdisziplinäre Erforschung

The mind on the stage of justice: The formation of criminal psychology in the 19th century and its interdisciplinary research. – Criminal psychology emerges at the end of the 18th century as a new academic discipline in lectures and publications. It has recently been investigated by a considerable number of contributions from researchers of different academic backgrounds. In many respects criminal psychology can be seen as a predecessor of criminology. Its subject is the analysis of the origins of crime and its causes and determinants in the human mind. Criminal psychology embraced at that time philosophical, medical, legal and biological aspects. The latter increase in importance in the second half of the 19th century. The conditions of individual responsibility were generally codified in penal law, but had to be individually investigated in crucial cases through expertise in court. There a conflict emerged between medical experts and judges about their ability and competence to decide. At the end of the 19th century criminal psychology is used to fulfil the needs and interests of a criminal law which understands itself as increasingly utilitarian. Force and new instruments of treatment of offenders were legitimized by scientists who were very optimistic about their own epistemological abilities.     

The technical is political: settler colonialism and the Australian Indigenous policy system

Contemporary Australian Indigenous policy changes rapidly and regularly fails to deliver its stated aims. Additionally, political and social relationships between Aboriginal and Torres Strait Islander peoples and the Australian state remain complex and contested. This article draws on critical Indigenous theory, alongside the increasingly influential scholarly paradigm of settler colonialism, to draw these two elements together. It highlights the ongoing nature of colonial conflict, and the partisan nature of state institutions and processes. While policy is usually framed as a depoliticised, technical practice of public management for Indigenous wellbeing, I suggest that it also seeks to ‘domesticate’ Aboriginal and Torres Strait Islander peoples, perform their dysfunction and demonstrate state legitimacy. This is especially the case in Australia, which has a long tradition of framing domestic welfare policy – rather than legal agreements – as the ‘solution’ to settler colonial conflict.     

国内外犯罪地理学研究进展评析

国外犯罪地理发展过程体现出内容体系不断完善、方法技术日益成熟、学科融合趋势明显三个显著特征。针对国外犯罪地理的具体内容,分别论述了犯罪制图的发展过程与犯罪热点辨识的方法演进,概括了国外犯罪地理领域影响最大的社会解组理论和日常活动理论的主要内容和发展现状,进而简要的评析了国外犯罪地理研究的发展趋势及不足。文章接着通过对所收集到的国内相关研究的总结,将我国犯罪地理学的发展归纳为理论初探、缓慢发展和微观转向三个阶段,并简述了每个阶段内主要的研究成果及发展特点。最后提出了进一步促进我国犯罪地理研究发展的几点建议。     

The impact of crime on firm entry

The article investigates the effect of crime on firm entry rates in Italian provinces over the period 2007–2016. The extant literature focuses mainly on the relationship between crime and the sorting of new businesses. The present paper contributes to this stream of work by estimating the effect of crime on the overall propensity to engage in entrepreneurial activities across a national territory. We measure the extent to which property and violent crime affect firm entry rates using an instrumental variable approach in which the instrument for criminal activity is the effective abortion rate. Our findings suggest that crime has a negative, sizable impact on firm entry. The results are robust to alternative instrumental variables and firm entry indicators. This empirical exercise emphasizes the need to consider loss of new business activities as a downstream effect when computing the social costs of crime.     

Geographies of criminal victimization in Canada

This paper provides a summary review and analysis of some of the recent literature on the geography of crime and criminal victimization, especially as it relates to Canada. The topic is approached from a risk perspective focussing on human vulnerability to criminal victimization. The analysis reveals divergent perspectives in the literature. On one hand, the most readily accessible literature is that of the dominant geographical representation of crime in Canada which is found in the official reports of the criminal justice system, media reports, and social science texts. This perspective concentrates on offences and maps of the spatial distribution of crime. On the other hand, there is a less integrated literature which is both critical of, and complementary to, the dominant view. This literature emphasizes the victims of crime and gives particular attention to the role of local context and community in conditioning human vulnerability. These different perspectives reflect a fundamental spatial tension between a criminal justice system which attempts to manage the hazards of criminal activity through technocratic, large scale, and centralized practices, and the need and desire of individuals and communities to maintain some degree of local control over their own vulnerability and public safety. Cet article nous donne un bref résumé ainsi qu'une analyse de certains ouvrages traitant de la géographie du crime et de la “victimisation criminelle” dans une perspective canadienne. Le sujet est abordé du point de vue du risque et plus particulièrement sur celui du sentiment de vulnérabilité face à la “victimisation criminelle.” L'analyse met en évidence deux perspectives divergentes dans ce domaine. D'une part le matériel le plus accessible traite sans doute de la répartition du crime à travers le Canada, telle qu'elle apparaît dans les rapports officiels du système pénal, dans les médias et les manuels de sciences sociales. Cette approche tend à s'attacher aux crimes et à leur distribution géographique. D'autre part, il existe des ouvrages de perspective beaucoup plus mixtes qui sont à la fois critiques, mais adhèrent aussi à l'opinion prévalente. Ces derniers s'intéressent davantage aux victimes du crime et insistent tout particulièrement sur le rôle du contexte local et de celui de la communauté dans le conditionnement de la vulnérabilité chez l'individu. Ces différentes perspectives reflètent la tension fondamentale qui existe entre une justice pénale tentant de gérer les risques associés à la criminalité grâce à des mesures centralisées, purement technocratiques, exécutées à grande échelle. Elles reflètent aussi à la fois le besoin et le désir des individus et des communautés de vouloir exercer un certain contrôle sur leur propre vulnérabilité et sur leur sécurité publique.     

How racialized policy contact shapes the social constructions of policy targets

Policy feedback scholars argue the relationship between policy and politics is dynamic and reciprocal. For instance, policies “make citizens,” teaching the public who deserves positive government treatment and who does not. Furthermore, individual experiences with policy shape participation and beliefs about government, which shapes future policy. But few scholars have examined how experiences with a law shape attitudes toward those targeted by policy. We use a survey of 3000 respondents on MTurk (including an over-sample of people of color) to show how direct and indirect experience with policy shapes social constructions of politically relevant groups. Specifically, we examine how direct (personal) and indirect (via someone they know well) experience with two policy areas (criminal justice and social welfare) shape perceptions of the targets of criminal justice and welfare policy. We find the effect of policy contact is racialized; policy contact has a greater effect on white respondents compared to Black respondents. But despite this contact, whites' attitudes about groups' deservingness remain lower than those of their Black counterparts.     

The Life of the Law in the Islamic Republic of Iran

Beyond the esoteric deliberations of Islamic jurists and their exegesis of criminal and private law doctrines, Iranian law lives a life of its own. It is a life of routine practices of judges, court clerks, lawyers and clients, each of whom is striving to turn the law to their own advantage. It is also a life of contested legality, a relentless struggle over the right to determine the law in a juridical field which is infused with strife and hostility. These conflicts are reproduced daily as two competing conceptions of law, and their corresponding perceptions of legality clash in pursuit of justice. The Iranian judiciary’s concept of law, its reconstruction of Islamic jurisprudence and methods of dispensing justice, which on the surface are reminiscent of Max Weber’s “qādi-justice,” collide with the legal profession’s formal rational understanding thereof. However, Iranian judges are not Weberian qādis, and the legal profession is not a homogenous group of attorneys driven by a collective commitment to the rule of law. To understand their conflict, we need to explore the mundane workings of the legal system in the context of the transformation of Iranian society and the unresolved disputes over the direction of its modernity.     

Ways of Whiteness: Harlemising Sydney’s Aboriginal Redfern

The inner Sydney Aboriginal settlement known as The Block has been monitored by police, the media and welfare organisations since its inception in the early 1970s. The Block is the subject of an ongoing commentary, a ‘discourse of decline’ about a place that is commonly considered to be Australia's own Harlem‐like ‘black ghetto’. In stark contrast, the predominantly non‐Aboriginal suburbs of Darlington, Redfern and Chippendale, which surround The Block, are undergoing gentrification. Within this zone of gentrification there are complex and seemingly confused responses to the presence of The Block. The responses challenge and/or embellish the official (‘white’) narrative that The Block is imploding in a sea of drugs, crime and cultural inferiority.     

犯罪地理学的理论研究

目前,国内外学术界还没有建立起真正意义上的犯罪地理学,因此,犯罪地理学的理论研究就显得特别重要。为此,本文系统地探讨了犯罪地理学的理论体系,认为犯罪地理学的理论体系含有:①地理环境决定论;②环境论(月相说、星相说、地域说、犯罪地形说、折衷主义学派环境论);③犯罪时日论;④芝加哥学派的犯罪同心圆论;⑤犯罪区位论。通过犯罪地理学理论体系的研究,希望有益于犯罪地理学的创建和发展。     

上海市就业市场状况与城市犯罪的空间计量分析

基于2008年上海市经济普查数据和城市犯罪数据,改变以往学者以失业率描述就业市场状况的做法,构建就业市场状况指数,并将其扩展到所有行业;同时,构建空间计量模型,研究上海市就业市场状况与刑事犯罪率之间关系,结果表明:1)就业市场状况对刑事犯罪率影响显著,不同行业的影响并不相同;其中,批发零售业、租赁和商业服务业、居民服务和其他服务业、公共管理和社会组织业就业的集中会引发犯罪活动的发生。2)空间计量模型在解释就业市场状况与刑事犯罪率之间关系时,计量效果良好。3)"空间效应"是影响刑事犯罪率的重要因素,其影响来自"空间邻近效应"和"空间误差效应"。     

Punishing wars of aggression: conceptualising Nazi State criminality and the US policy behind shaping the crime against peace, 1943-1945

This paper refocuses attention on what has been seen as one of the most important limbs of the Nuremberg Charter – the crime against peace, or aggressive war. It looks at the legal and political dimensions that motivated such a characterisation by figures behind the debate, and the various, at times uncertain steps, in bringing forth the designation based on breaches of the Kellogg–Briand Pact within the milieu of other traditional offences. Particular attention is given to the philosophical underpinnings of the crime against peace regarding individual German guilt, notably members of the Nazi leadership, with an examination of influences that proved critical in creating a punishable crime at international law. This paper argues that, despite being of continuing interest to civic groups, such an offence continues to trouble legislators and lawyers, rooted as it is in the focus on war as itself criminal.     

法律正义与农民工权益保障

城市农民工在我国已经形成一个新型社会群体,成为我国产业工人的重要成员。然而,农民工在政治参与、劳动就业、社会保险、生活居住、业余文化和子女教育等诸多方面的合法权益却难以得到保障。因此,农民工的权利保护成为有关社会正义的一个重要话题。本文以青海省为例,从法理的角度指出了农民工权益保障方面的深层问题以及解决的路径和办法。     

Dreams of the old country: A room of one's own

This article reports the findings of a study concerning the politicization of abortion in Finland in the first half of the 20th century. The focus is on discussions and debates in the legal and medical professions, 1900?1950, showing the historical transformation of abortion from a criminal act to a medical issue, legalized by the 1950 abortion law. The argument throughout is that the strongest motivation for legalization of abortion in Finland was the perceived negative effect of criminal abortions on the population growth. The article also shows that the abortion debate was linked to the formation of a maternity care system and the development of the medical promotion of birth control. Thus the context for the line of argumentation is the formation of the Finnish welfare state and the medicalization of maternity.