This essay identifies areas of analysis which David Garland neglects in The Culture of Control. The essential argument being that greater attention to the influence of feminism and the treatment of female offenders and victims would have enriched his interpretation of the culture of control. The essay suggests that the treatment of women in criminal justice matters exemplifies the apparently dualistic and polarised penal policies that Garland describes so well. The recent huge increases in the number of women (...) sentenced to imprisonment, in particular, are inexplicable, and point to a critical paradox in criminal justice system thinking. The essay also includes with some reflections on the future of crime control in relation to women. One important question is whether or not the future of crime control is inevitably or necessarily gendered. Thus the essay touches on the gender neutral versus gender specific and equality versus difference debates and their irreconcilable elements, as well as on possible ways of dealing with them, and concludes with some thoughts on the potential of renewed interest in the concept of citizenship and justice. (shrink)

Its critics call it ‘feminism-as-crime-control’, or ‘Governance Feminism’, diagnosing it as a pernicious form of identity politics. Its advocates call it taking sexual violence seriously – by which they mean wielding the power of the state to ‘punish perpetrators’ and ‘protect vulnerable women’. Both sides agree that this approach follows from the radical feminist analysis of sexual violence most strikingly formulated by Catharine MacKinnon. The aim of this paper is to rethink the Governance Feminism debate by questioning this (...) common presupposition. I ask whether taking MacKinnon’s analysis of sexual violence seriously might, in fact, itself give us reason to be critical of political strategies that embrace the punitive state. By raising this question, I hope to persuade radical feminists to listen to critics of carceral politics rather than dismissing them as rape apologists, and critics of carceral politics to listen to radical feminists rather than dismissing them as state apologists. (shrink)

Crimes are increasing in our society as a serious worldwide issue. Fast reporting of crimes is a significantly important area in anticrime. This problem is visible in Iraq as people avoid information-sharing due to the lack of trust in the security system despite some contact lines between citizens and police in Iraq. Furthermore, there has been a little empirical study in this field. We proposed a multi-approach for crime reporting and police control to address these issues. First, this (...) study has two goals: investigating the adopted method in reporting crimes to police sectors to identify the gap and, developing a mobile application for crime reporting and keeping it undisclosed and exclusive for crime witnesses to report. The approach utilised 200 participants to develop the proposed app. Results have shown that the proposed system can quickly monitor and track criminals based on a cloud-based online database. In addition, the application user will specify certain details to be sent, such as location, case type and time. Other information will be sent directly by the system following the designed algorithm. (shrink)

The book provides a comparative analysis of the criminal justice systems in the post-Communist 'transitional' countries of Eastern Europe and examines the underlying value-matrix for changes in the various aspects of these systems.

This article discusses the Australian government’s immigration policies in the context of the global refugee crisis in the years 2015–2016, as reflected and dramatised through the polemical novel b...

The proliferation of big data analytics in criminal justice suggests that there are positive frames and imaginaries legitimising them and depicting them as the panacea for efficient crime control. Criminological and criminal justice scholarship has paid insufficient attention to these frames and their accompanying narratives. To address the gap created by the lack of theoretical and empirical insight in this area, this article draws on a study that systematically reviewed and compared multidisciplinary academic abstracts on the data-driven tools (...) now shaping decision-making across several justice systems. Using insights distilled from the study, the article proposes three frames for understanding how the technologies are portrayed. Inherent in the frames are a set of narratives emphasising their ostensible status as vital crime control mechanisms. These narratives obfuscate the harms of data-driven technologies and evince idealistic imaginaries of their capabilities. The narratives are bolstered by unequal structural arrangements, specifically the unevenly distributed digital capital with which some are empowered to participate in technology development for criminal justice application and other forms of penal governance. In unravelling these issues, the article advances current understanding of the dynamics that sustain the depiction of data-driven technologies as prime crime prevention and law enforcement tools. (shrink)

First published in 1984, this book examines corporate crime in the pharmaceutical industry. Based on extensive research, including interviews with 131 senior executives of pharmaceutical companies in the United States, the United Kingdom, Australia, Mexico and Guatemala, the book is a major study of white-collar crime. Written in the 1980s, it covers topics such as international bribery and corruption, fraud in the testing of drugs and criminal negligence in the unsafe manufacturing of drugs. The author considers the implications (...) of his findings for a range of strategies to control corporate crime, nationally and internationally. (shrink)

This article considers what can be learned regarding the ethical acceptability of intrusive interventions intended to halt the spread of infectious disease (‘Infection Control’ measures) from existing ethical discussion of intrusive interventions used to prevent criminal conduct (‘Crime Control’ measures). The main body of the article identifies and briefly describes six objections that have been advanced against Crime Control, and considers how these might apply to Infection Control. The final section then draws out some (...) more general lessons from the foregoing analysis for the ethical acceptability of different kinds of Infection Control. (shrink)

Drug phenomenon is relatively new in our country; it became relevant only in the ninth decade of the last century. A new phenomenon or a process is usually dynamic in the initial stages and only later does it acquire features of stability and the main trends that have become prominent several years ago remain unchanged. The author shows the data of drugs crime and other indicators and the aspects of their perspectives. In the article, a question about drug crimes (...) in Lithuania is considered in all aspects. The author maintains that the rapid emergence of many new non‑controlled psychoactive substances represents an increasing challenge for current models of drug control. (shrink)

Preface: help! my brainchild's been kidnapped! -- Intellectual misconduct: backwards, forward, and sideways -- The world of scholarship: rituals and rewards, norms and departures -- Structural and organizational causes of scholarly misconduct -- Cultural causes of scholarly misconduct -- Individual and situational causes of scholarly misconduct -- Scholarly misconduct as crime -- Criminological theory and scholarly crime -- Implications for theory and research -- Preventing and controlling scholarly crime -- Afterword: against all odds, a code is born.

“ Subsidiarity ” views of crime against humanity propose that state crime is at the core of the idea, thus necessitating a further level of authority. That proposal can be given a strong moral justification in terms of the enormous risks that arise from a state’s authority and territorial control. Discussions of crime against humanity by Larry May and Norman Geras, however, offer different views of the idea, May proposing that it be seen as group-based (...) class='Hi'>crime, Geras proposing that it be seen as a serious violation of human rights. Those views are questioned on the basis of their fit with either the nature of the crimes involved or the moral basis of their condemnation, and the subsidiarity view is restated. (shrink)

Pressured Into Crime: An Overview of General Strain Theory by Robert Agnew provides an overview of general strain theory, one of the leading explanations of crime and delinquency, developed by author Robert Agnew. Written to be student-friendly, Pressured Into Crime features numerous real-world examples, insightful and colorful quotes from former and active criminals, clear summaries of major points, and challenging review and discussion questions at the end of each chapter.This book provides the following:* It compares and contrasts (...) GST to other leading theories of crime, including biopsychological, control, social learning, routine activities, and social disorganization theories.* It describes the evidence on GST, including the most current research on the types of strains most likely to cause crime, why these strains cause crime, and the factors that influence the effects of strains on crime.* It employs GST to explain patterns of offending over the life course as well as age, gender, class, and race/ethnic differences in offending.* It uses GST to explain community and societal differences in crime rates.* It draws on GST to make recommendations for reducing crime.* It revises and extends GST to take into account the latest research findings.Pressured Into Crime allows students to explore this major theory in depth--reviewing the research on the theory, comparing it to other theories, and applying the theory to key issues in the study of crime. (shrink)

Gabriel Tarde, along with Durkheim and others, set the foundations for what is today a common-sense statement in social science: crime is a social phenomenon. However, the questions about what social is and what kind of social phenomenon crime is remain alive. Tarde’s writings have answers for both of these capital and interdependent problems and serve to renew our view of them. The aim of this article is to reconstruct Tarde’s definition of crime in terms of genus (...) and specific difference, exploring his criminology as a case of his general sociology. This procedure shows that Tarde succeeded in creating a comprehensive theory of crime and criminals founded not only on his most well-known concept, imitation, but also on his equally important concepts of invention, opposition, social logic and social teleology. For Tarde, crime is a complex phenomenon related to criminal inventions, criminal propagations, the production of penal laws, the execution of controls and punishments, and the collective reactions to all these. (shrink)

The Theory of Planned Behavior predicts that a combination of attitudes, perceived norms, and perceived behavioral control predict intentions, and that intentions ultimately predict behavior. Previous studies have found that the TPB can predict students’ engagement in plagiarism. Furthermore, the General Theory of Crime suggests that self-control is particularly important in predicting engagement in unethical behavior such as plagiarism. In Study 1, we incorporated self-control in a TPB model and tested whether norms, attitudes, and self-control (...) predicted intention to plagiarize and plagiarism behavior. The best statistical fit for the path-analytic model was achieved when a direct path from self-control to plagiarism engagement was specified. In Study 2, we added a measure of perceived behavioral control and split the measurement of norms into descriptive and injunctive components. This study found that both self-control and perceived-behavioral control additively contributed to the prediction of plagiarism and the path-analytic model achieved its best fit when direct paths from perceived norms to plagiarism behavior were specified. These studies suggest that setting strong anti-plagiarism norms, such as by the use of honor codes, and seeking to enhance students’ self-control may reduce engagement in plagiarism. (shrink)

From the title, Deadly Medicines and Organised Crime: How Big Pharma has Corrupted Healthcare, Peter Gøtzsche makes the thesis of his book very clear. Not only does the pharmaceutical industry contribute to detrimental health outcomes through biased research, deceptive marketing, and disease mongering, but the industry’s business model meets the criteria of an organized criminal operation. Gøtzsche argues for this in two parts. First, he defines organized crime by drawing upon the United States Organized Crime Control (...) Act of 1970, the centerpiece of which is the Racketeer Influenced and Corrupt Organizations Act. RICO prohibits deriving income from a pattern of racketeering... (shrink)

Investigating Animal Abuse Crime Scenes: A Field Guide is designed for first responders-such as animal control officers and police officers-as well as forensic scientists and other criminal justice professionals who are who are tasked with processing and analyzing animal crime scenes and evidence. The book serves equally as a useful resource for those in the field and laboratory, in addition to those professionals who are further along in the investigative and judicial process.

Brain-computer interfaces allow agents to control computers without moving their bodies. The agents imagine certain things and the brain-computer interfaces read the concomitant neural activity and operate the computer accordingly. But the use of brain-computer interfaces is problematic for criminal law, which requires that someone can only be found criminally responsible if they have satisfied the actus reus requirement: that the agent has performed some (suitably specified) conduct. Agents who affect the world using brain-computer interfaces do not obviously perform (...) any conduct, so when they commit crimes using brain-computer interfaces it is unclear how they have satisfied actus reus. Drawing on a forthcoming paper by Allan McCay, I suggest three potential accounts of the conduct that satisfies actus reus: the agent’s neural firings, his mental states, and the electronic activity in his brain-computer interface. I then present two accounts which determine how actus reus may be satisfied – one a counterfactual and the other a minimal sufficiency account. These accounts are lent plausibility because they are analogous to the but-for and NESS (Necessary Element in a Sufficient Set) tests for causation which are generally accepted tests for causation in legal theory. I argue that due to the determinations of these accounts and considerations regarding the relationship between the mind and brain, actus reus is satisfied by either the agent’s neural activity or brain-computer interface electrical activity. Which of these satisfies actus reus is determined by how well the brain-computer interface is functionally integrated with the agent. (shrink)

This thesis examines some of the legal philosophical issues that are implicated in the problem of outcome luck. In the context of criminal law, the problem asks whether we should hold agents criminally liable for the consequences of their actions given that those consequences are never wholly within anyone’s control. I conclude that outcomes should matter to an agent’s liability and punishment, and I make this argument indirectly by examining some of the foundational questions in legal theory. The thesis (...) begins by considering a current trend in some areas of philosophy. This trend involves attempts to address philosophical problems surrounding luck by doing conceptual analyses on the nature of luck. Chapter 1 critically examines modal theories, which conceptualize luck, as well as the related concept of risk, in terms of close possible worlds rather than probabilistic likelihood. I argue that not only are modal theories uninformative, but conceptual analyses on luck are unhelpful in addressing philosophical questions surrounding luck. Chapter 2 then returns to the traditional notion of luck as lack of control, and focuses on the relationship between luck, risk, and culpability. Some theorists argue that culpability, for any offence, is in part a function of the degree of risk the agent imposes on others. In the context of criminal law, degrees of luck and risk can both be understood in terms of degrees of control, so the suggestion that culpability is a function of the level of risk imposed (and thus of the degree of control an agent exercises) is attractive for insulating culpability judgments from luck. However, I argue that this view is mistaken because culpability is only sensitive to risk in reckless actions, but not in purposeful actions. The problem of outcome luck may raise different questions for reckless actions and purposeful actions. Chapter 3 looks at the mens rea element of criminal attempts, which is crucial for understanding the problem of luck in the context of purposeful actions. I discuss a variation of what are sometimes referred to as impossible attempts, which have helped shape current English law. I argue that the current doctrine is largely correct, and that perhaps with the exception of few paradigm sexual offences, the mens rea element for attempts should require a direct intention as to the consequence element of an offence, and knowledge or belief as to the circumstance element of that offence. Chapters 4 and 5 then look at normative justifications of criminal punishment. In order to understand whether outcomes should matter for punishment, we must first understand whether and why punishment is an appropriate response to criminal offending. Here, I defend a communicative theory, where punishment is a communicative process between the offender, the political community, and the victim. What punishment communicates is the appropriate degree of censure that is warranted in response to the offender’s wrongdoing. And in doing this, it publicly recognizes the wrong that has been committed by the offender. Chapter 4 offers a detailed explanation of this account, and argues that the political community’s recognition of wrongdoing is a valuable aim of communication. Chapter 5 then takes up a crucial challenge against communicative theories of punishment, which is that such theories fail to take crime prevention seriously. Against this criticism, I will show that general prevention can in fact be an essential part of communicative punishment. And I will show that it is specifically the political community’s recognition of wrongdoing that entails punishment’s preventive aims. (shrink)

Traditional notions of crime control often position the police against an individual, known or not yet known, who is responsible for the commission of a crime. However, with increasingly sophisticated technology, policing increasingly prioritizes the prevention of crime, making it necessary to ascertain who, or what class of persons, may be the next likely criminal before a crime can be committed, termed predictive policing. This causes a shift from individualized suspicion toward predictive profiling that may (...) sway the expectations of a police patrol. Classically, where a patrol officer forms reasonable suspicion prior to a stop, it is based upon his/her analysis of the situation taken as a whole in context. However, where a predictive profile is employed, information available to the officer accordingly adjusts his/her perception of context and affects the application of the reasonable suspicion standard. This article addresses the way in which new approaches to forming reasonable suspicion affect the due process protection of individuals’ fundamental rights. It argues that while an officer still operates with good faith discretion, using predictive profiling causes reasonable suspicion to be based on an augmented understanding of reality and as a result, due process guarantees are weakened. The rights to non-discrimination and the presumption of innocence are assessed and argued as illustrative of this weakening and shift in policing standards. The article ultimately argues that while predictive policing cannot be categorically labeled as inconsistent with criminal justice, changes as seemingly moderate as the manner in which discretion operates have larger effects on individuals’ rights. (shrink)

There is a divide within political and legal theory concerning the justification of hate-crime legislation in liberal states. Opponents of Hate-Crime Legislation have recently argued that enhanced punishment for hate-motivated crimes cannot be justified within political liberal states. More specifically, Heidi Hurd argues that criminal sanction which target character dispositions unfairly target individuals for characteristics not readily under their control. She further argues that a ‘character’ based approach in criminal law is necessarily illiberal and violates the state’s (...) commitment to political neutrality. In the current paper, I attempt to show the difficulties and absurdity that follows from Hurd’s characterization of hate- rimes. I aim to show that punishment for undesirable character traits is consistent with western conceptions of criminal law. Upon doing so, I then go on to construct a positive argument for the justifiability of punishing for character traits as well as for the enhanced punishment associated with hate-motivated crimes. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Individualization of Crime in Medieval Canon LawVirpi Mäkinen and Heikki PihlajamäkiIn The Mourning of Christ (c. 1305, fresco at Cappella dell'Arena, Padua, Italy), Giotto di Bondone (c. 1267-1337) depicts the Virgin Mary embracing Christ for the last time after he has been taken down from the cross. Whereas his predecessors in the devotional Byzantine tradition concentrated on flat, still figures, Giotto emphasizes their humanity and individuality. The (...) grief on the Virgin's face is touching and convincing but in a slightly different way than the sorrow experienced by St. John or the other accompanying figures. Even the ten angels following the scene seem to grieve for the Redeemer in their own personal way. The individuality of Giotto's figures may not seem much if we compare it with the seventeenth-century Flemish masters. Giotto's Virgin and her company still show a restraint in their grief which does not seem entirely natural. In late medieval art, however, Giotto's approach was fresh and new, reflecting a trend toward individualization which was not peculiar merely to art but was taking over many other areas of late medieval life as well. Philosophy, theology, and law—the medieval scientiae—were all putting increasing emphasis on the rights and responsibilities of the individual.Nor does this trend leave criminal law and the law of evidence untouched. The medieval development of law was just as revolutionary as the development of other branches of knowledge. Starting in early twelfth-century Bologna, the Corpus Iuris Civilis became an object of systematic academic research and teaching for the first time in history. The development of canon law was perhaps even more striking. Positive, enacted law first became not only an object of academic studies but also an instrument of social engineering in the domain of church law. The hierarchical structure of the worldwide Catholic Church was built and run in conjunction with positive, enacted legislation.1 [End Page 525] The development of criminal law was just as innovative as the changes that took place in other branches of law, with canon lawyers taking the lead. Aspiring for universal power and competing for it with secular rulers, the Church was in need of an efficient system to control disobedient priests and monks and suppress heretical movements.2 The traditional system of criminal control was clearly not sufficient. Canon law, making use of the contemporary trend toward increased individualization in theology, philosophy, and Roman law, was developed to meet the church's need to master the situation.One of the most important and influential developments in thirteenth-century criminal law concerned the individual's criminal intention and responsibility. Before the change criminal responsibility was mainly based on the consequences of a crime. The canon lawyers began to determine different modes of subjective responsibility. In the law of criminal evidence the individual was also shifted from the margins to the center of attention. Earlier criminal evidence had been produced from sources external to the individuality of the defendant, such as oaths, compurgators, and ordeals. In the thirteenth century and with the development of the so-called statutory or legal theory of proof, increasing attention was paid to the stories of both the defendant (in the form of confessions) and the witnesses. The development of criminal law and criminal procedure in the thirteenth and fourteenth centuries can be understood in the context of the simultaneous trend toward individualization that took place in moral philosophy and theology as well as in canon law.3 These connections are not the only way of understanding the modernization of canon criminal law, for the prevailing view sees the transformation in conjunction with the twelfth-century hierarchization and centralization of church bureaucracy. The particular form that the criminal law and law of proof assumed in these changes did not arise out of a vacuum but, however, has to be understood in relation to the neighboring fields of thought.The Human Will and the Individual in Medieval Moral PhilosophyThe primus motor of medieval philosophy, Aristotelianism, encountered its first competing theories in the thirteenth century. One of the most far-reaching ideas concerning human psychology and behavior, developed by the Franciscans... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 38.1 (2004) 1-11 [Access article in PDF] The Artistic Failure of Crime and Punishment Crime and Punishment Hugh Mercer Curtler This essay begins by noting some fundamental differences between poets, in the broad sense of that term, and philosophers, or those who reflect discursively. It then moves to an examination of the epilogue to Crime and Punishment where Dostoevsky abandons poetry (...) in order to make a philosophical statement about human freedom. 1 Indeed, it can be said that much of Dostoevsky's mature writing was a battle between the man's urge to make pronouncements and the poet's need to control those urges. Fortunately, the poet nearly always won; at times he did not. This can be seen in the case of Crime and Punishment where Dostoevsky, the man, insisted on formulating an idea, specifically, the "idea of freedom." This statement marks the artistic failure of the novel, a concession on the part of the poet to the man. The tension in this novel, and indeed in many novels, is an important focalpoint in the teaching of great literature, because readers of fiction frequently forget that great novels are also great works of art. In this regard, despite the fact that he is an extremely careful reader of Dostoevsky's books, the psychologist/critic René Girard misses in his quest to find hidden messages — precisely what makes Dostoevsky a great artist who writes novels. 2 What this means to teachers of exceptional literature is that we must be attuned not only to what the author says, but also to the way in which he or she says it. In his writings about Dostoevsky, Girard is not terribly interested in what the poet has to say; he is interested in the way the man works out a particular psychological problem. Consequently, like many other critics, Girardglosses over the fundamental difference between the body of Crime and Punishment and its epilogue. Poetry and Philosophy Contrasted There is no truth in art, strictly speaking. If the term "true" has any application whatever to the world of art, it means "honest," or "true to life" [End Page 1] (which, as Kafka has shown, is not terribly important). Moreover, "true" may refer to the work's adherence to rules of craft, its internal harmony and coherence as a distinctive work of the human imagination. What one finds in poetry or linguistic art is a hodgepodge of images, thought fragments, figures, episodes, incidents, hints, and bits and pieces, and (if the poet is a good one) stunning insights. Poetry is, like all art, ineluctably ambiguous. It does not have a "message"; it has many messages. This is precisely why we need art and what makes art different from philosophy in its struggle to eliminate ambiguity. We will not find truth, in the form of knowledge or understanding, among the poet's wares, since knowledge, systematized and rendered coherent by means of the laws of thought, is the charge of the philosopher and his modern stepchildren.What this means is that those who approach novels intent upon finding a message run the risk of hammering poetry into a sheet by reducing it to philosophy. But novels, if they are any good, are not philosophical treatises, and this sort of reduction glosses over fundamental differences of scope and method.In an age that collapses distinctions lazily in order to reduce complex matters to simple terms, we must insist upon the fundamental differences between poets and philosophers. The domain of the philosopher is that of the concept or the principle, of ideas as objects of reflection. Philosophers deal in discursive thought as they seek logical coherence and conceptual clarity. The poet may employ ideas, but he uses them and embodies them imagistically: he does not try to develop them or verify them. 3 The philosopher's domain is unfriendly and unfamiliar to the poet. The law of contradiction reigns supreme there, and this law is anathema to the poet with his love of paradox.The poem presents images that must be apprehended in... (shrink)

Academic dishonesty is an insidious problem that besets most tertiary institutions, where considerable resources are expended to prevent and manage students' dishonest actions within academia. Using a mixed retrospective and prospective design this research investigated Gottfredson and Hirschi's self-control theory as a possible explanation for academic dishonesty in 264 university students. The relationship between academic dishonesty and general criminality was also examined. A significant but small to moderate relationship between academic dishonesty and general criminality was present, including correlations with (...) general dishonesty, violent crime and drug offending subcategories. These findings suggested that a general criminological theory may be of use in explaining academic dishonesty, but the overall ability of self-control variables to explain academic dishonesty was not strong. Controlled logistic regressions indicated that a significant positive association with academic dishonesty was only present for one of 6 self-control subscales (self-centeredness), and even this association was only present in the prospective study component. A strong relationship between past and future academic dishonesty was present. Implications of the study for institutions are discussed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 38.1 (2004) 1-11 [Access article in PDF] The Artistic Failure of Crime and Punishment Crime and Punishment Hugh Mercer Curtler This essay begins by noting some fundamental differences between poets, in the broad sense of that term, and philosophers, or those who reflect discursively. It then moves to an examination of the epilogue to Crime and Punishment where Dostoevsky abandons poetry (...) in order to make a philosophical statement about human freedom. 1 Indeed, it can be said that much of Dostoevsky's mature writing was a battle between the man's urge to make pronouncements and the poet's need to control those urges. Fortunately, the poet nearly always won; at times he did not. This can be seen in the case of Crime and Punishment where Dostoevsky, the man, insisted on formulating an idea, specifically, the "idea of freedom." This statement marks the artistic failure of the novel, a concession on the part of the poet to the man. The tension in this novel, and indeed in many novels, is an important focalpoint in the teaching of great literature, because readers of fiction frequently forget that great novels are also great works of art. In this regard, despite the fact that he is an extremely careful reader of Dostoevsky's books, the psychologist/critic René Girard misses in his quest to find hidden messages — precisely what makes Dostoevsky a great artist who writes novels. 2 What this means to teachers of exceptional literature is that we must be attuned not only to what the author says, but also to the way in which he or she says it. In his writings about Dostoevsky, Girard is not terribly interested in what the poet has to say; he is interested in the way the man works out a particular psychological problem. Consequently, like many other critics, Girardglosses over the fundamental difference between the body of Crime and Punishment and its epilogue. Poetry and Philosophy Contrasted There is no truth in art, strictly speaking. If the term "true" has any application whatever to the world of art, it means "honest," or "true to life" [End Page 1] (which, as Kafka has shown, is not terribly important). Moreover, "true" may refer to the work's adherence to rules of craft, its internal harmony and coherence as a distinctive work of the human imagination. What one finds in poetry or linguistic art is a hodgepodge of images, thought fragments, figures, episodes, incidents, hints, and bits and pieces, and (if the poet is a good one) stunning insights. Poetry is, like all art, ineluctably ambiguous. It does not have a "message"; it has many messages. This is precisely why we need art and what makes art different from philosophy in its struggle to eliminate ambiguity. We will not find truth, in the form of knowledge or understanding, among the poet's wares, since knowledge, systematized and rendered coherent by means of the laws of thought, is the charge of the philosopher and his modern stepchildren.What this means is that those who approach novels intent upon finding a message run the risk of hammering poetry into a sheet by reducing it to philosophy. But novels, if they are any good, are not philosophical treatises, and this sort of reduction glosses over fundamental differences of scope and method.In an age that collapses distinctions lazily in order to reduce complex matters to simple terms, we must insist upon the fundamental differences between poets and philosophers. The domain of the philosopher is that of the concept or the principle, of ideas as objects of reflection. Philosophers deal in discursive thought as they seek logical coherence and conceptual clarity. The poet may employ ideas, but he uses them and embodies them imagistically: he does not try to develop them or verify them. 3 The philosopher's domain is unfriendly and unfamiliar to the poet. The law of contradiction reigns supreme there, and this law is anathema to the poet with his love of paradox.The poem presents images that must be apprehended in... (shrink)

The book examines corruption control in post-reform China. Contrary to the normal perception that corruption is a type of behavior that violates the law, the author seeks to approach the issue from a social censure perspective, where corruption is regarded as a form of social censure intended to maintain the hegemony of the ruling bloc. Such an approach integrates societal structure, political goals, and agency into a single framework to explain dynamics in corruption control. With both qualitative data (...) from officials in power and officials in jail and quantitative data from university students, the book explores how the censure on corruption was created and has been applied from 1978 to the present. Though primarily intended for academics, the book is also accessible for general audiences, especially given its intriguing perspective and use of firsthand data on corruption that cannot be found anywhere else. (shrink)

The past decade has seen a rapid development and proliferation of sophisticated computer systems in organizations. Designers, however, have minimized the importance of security control systems, (except for those systems where data security and access control have obviously been of major importance). The result is an increasing recognition that computer systems security is often easily compromised.This research will provide the initial step in assessing ways in which attorneys retained to prosecute computer crimes and computer people who discover these (...) violations can work together to strengthen both our computer systems to thwart violators and the laws that are currently on the books that can be used to prosecute violators. (shrink)

Emotional AI is an emerging technology used to make probabilistic predictions about the emotional states of people using data sources, such as facial (micro)-movements, body language, vocal tone or the choice of words. The performance of such systems is heavily debated and so are the underlying scientific methods that serve as the basis for many such technologies. In this article I will engage with this new technology, and with the debates and literature that surround it. Working at the intersection of (...) criminology, policing, surveillance and the study of emotional AI this paper explores and offers a framework of understanding the various issues that these technologies present particularly to liberal democracies. I argue that these technologies should not be deployed within public spaces because there is only a very weak evidence-base as to their effectiveness in a policing and security context, and even more importantly represent a major intrusion to people’s private lives and also represent a worrying extension of policing power because of the possibility that intentions and attitudes may be inferred. Further to this, the danger in the use of such invasive surveillance for the purpose of policing and crime prevention in urban spaces is that it potentially leads to a highly regulated and control-oriented society. I argue that emotion recognition has severe impacts on the right to the city by not only undertaking surveillance of existing situations but also making inferences and probabilistic predictions about future events as well as emotions and intentions. (shrink)

While this article sets out to advance our knowledge about the characteristics of Nigerian cybercriminals (Yahoo-Boys), it is also the first study to explore the narratives of the Economic and Financial Crimes Commission (EFCC) officers concerning them. It appraises symbolic interactionist insights to consider the ways in which contextual factors and worldview may help to illuminate officers’ narratives of cybercriminals and the interpretations and implications of such accounts. Semi-structured interviews of forty frontline EFCC officers formed the empirical basis of this (...) study and were subjected to a directed approach of qualitative content analysis. While prior studies, for example, indicated that only a group of cybercriminals deploy spiritual and magical powers to defraud victims (i.e. modus operandi), our data analysis extended this classification into more refined levels involving multiple features. In particular, analysis bifurcates cybercriminals and their operations based on three factors: [a] educational-attainment, [b] modus-operandi, and [c] networks-collaborators. Results also suggest that these cybercriminals and their operations are embedded in “masculinity-and-material-wealth”. These contributions thus have implications for a range of generally accepted viewpoints about these cybercriminals previously taken-for-granted. Since these criminals have victims all over the world, insights from our study may help various local and international agencies [a] to understand the actions/features of these two groups of cybercriminals better and develop more effective response strategies. [b] to appreciate the vulnerabilities of their victims better and develop more adequate support schemes. We also consider the limitations of social control agents’ narratives on criminals. (shrink)

The effort to rid criminal responsibility of factors beyond the agent’s control created an opportunity for a new balance in the law of attempt between aggravated penalties and full exoneration for voluntary renunciation. The present analysis claims that the opportunity has been missed both in Israel and in the United States because of an unwarranted concern for the moral tenor of renunciation. Analysis of the difference between successes and failures in renunciation cases is offered in support of the proposition (...) that the proper balance between ex post and ex ante considerations is only applied where courts empathize with the victims of specific crimes. In other cases, immediate victims are readily used as means to prevent uncertain future crime. The claim is also made that concern with the moral tenor of renunciation creates an anomaly in modern criminal law. While the decision to initiate a crime act is judged on ever narrower pictures of character and motive, the decision to abandon it before actual harm is inflicted increasingly attracts interest in the inner processes behind it. I claim that the anomaly manifests the danger of blurring the line between reality and fantasy when the struggle against luck is not properly checked. (shrink)

Individuals who deviate from social norms by committing crimes may have reduced facial emotion recognition abilities. Nevertheless, a specific category of offenders – i.e. organised crime (OC) members – is characterised by hierarchically organised social networks and a tendency to manipulate others to reach their illicit goals. Since recognising emotions is crucial to building social networks, OC members may be more skilled in recognising the facial emotion expressions of others to use this information for their criminal purposes. Evidence of (...) a difference between OC and non-organised crime (NOC) offenders in terms of facial emotion recognition is still lacking. To fill this gap in the literature, we tested 50 OC, 50 NOC offenders, and 50 non-offender controls for their ability to identify six basic emotions (happiness, sadness, fear, anger, disgust, and surprise). All participants underwent a cognitive and psychological evaluation to avoid alternative explanations. Results show that OC members were more able to detect the expression of fear in others as compared to NOC. We interpreted this finding in light of the social context and the behavioural criminal attitude of OC members. (shrink)

This essay seeks to move on from the critical debates that have followed the publication of The Culture of Control by taking up constructive suggestions, refining or extending the book’s claims, and sketching out new lines for future research. After a preliminary discussion of the proper role of theory in historical and sociological research it seeks to clarify and develop the following ideas: the concept of the field and its role in the study of crime control and (...) criminal justice; the field as a contested balance of forces; situated rationality and conflicted action; gender relations and the culture of control; national characteristics and responses to late modernity; American exceptionalism; analysis and critique in the study of social control. (shrink)

Americans have an ambivalent relationship to guns. The debate over the role of guns and gun regulations in American society tends to be acrimonious and misinformed.

The criminalization of femicide in Mexico has been introduced as a tool to address the violence, discrimination, and oppression against women. The criminalization strategy has a symbolic function: going beyond deterring the crime to be used as tool for education. In that sense, the criminalization of femicide emerges as an educational tool used to introduce new principles and societal values, highlighting the reality of discrimination and subordination against women, thereby transforming an individual conduct into a watershed issue worthy of (...) collective condemnation. At the same time, official data reveals that over the past two decades, the rate of murders of women involving firearms has increased by 375%. This highlights the necessity for a comprehensive criminalization strategy that acknowledges the widespread criminal use of firearms as a significant factor in gender-related killings of women. Therefore, to raise awareness (as the femicide laws intend), every policy emanating from the State, or its affiliate institutions must incorporate a gender perspective. This includes specific programs targeting armed gender-based violence, considering the entire weapons cycle, including gun production, their use, and transfer processes. Moreover, this gender-sensitive approach must also acknowledge that the possession of small arms is linked to violent masculinities and that women, beyond being victims, might also play roles as perpetrators of armed violence. The symbolic purpose of femicide laws should then become a platform for developing further appropriate effective policies and strategies to reduce gender-based violence, with special consideration of gendered armed violence. This article will analyze the possibility for extending the symbolic purpose of femicide law to produce a gendered small arms control strategy in Mexico. Considering the educational alternative that the femicide law provides, the following paper will evaluate the criteria needed to develop a comprehensive and intersectional program for gun control in Mexico. (shrink)

This paper examines the impact of corporate crime on the stock market in South Korea. Specifically, we examine the effect of crime type, industry type, business group affiliation, and corporate governance on the relationship between corporate crime announcement and stock market reaction. We find negative reactions to stock prices around the announcements of corporate crimes but no significant difference in reactions between announcements of individual and organizational crimes. Individual white-collar crimes have a stronger negative impact on stock (...) prices than do individual street crimes on average, while financial crimes have a significantly greater negative impact than do operational crimes in organizations. Moreover, financial sector firms are impacted more significantly by the announcement of corporate crimes than are non-financial firms. In addition, the stock prices of chaebol-affiliated firms decrease less than do those of non-chaebol-affiliated firms, and those with a higher board committee subindex seem to be influenced less by news of corporate crimes if the size control variable is excluded. Multivariate cross-sectional analyses show consistent findings after controlling for firm-specific factors, crime-type effect, and industry and year effects. The results of this study provide valuable insights because it covers several types of corporate crime, including those committed by individuals and those perpetrated by firms. (shrink)

Radical or Marxist criminology is an influential critique which emerged in the late 1960s and emphasizes how power inequality and structures, especially those related to class, affect the nature of crime, law and justice. The essays selected for this volume draw attention to the influence of structural forces, neglected crime and the ways in which law and criminal justice processes reinforce power structures and contribute to class control.

The term “mental illness” implies that persons with such illnesses are more likely to be dangerous to themselves and/or others than are persons without such illnesses. This is the source of the psychiatrist’s traditional social obligation to control “harm to self and/or others,” that is, suicide and crime. The ethical dilemmas of psychiatry cannot be resolved as long as the contradictory functions of healing persons and protecting society are united in a single discipline.Life is full of dangers. Our (...) highly developed consciousness makes us, of all living forms in the universe, the most keenly aware of, and the most adept at protecting ourselves from, dangers. Magic and religion are mankind’s earliest warning systems. Science arrived on the scene only about 400 years ago, and scientific medicine only 200 years ago. Some time ago I suggested that “formerly, when religion was strong and science weak, men mistook magic for medicine; now, when science is strong and religion weak, men mistake medicine for magic”.1We flatter and deceive ourselves if we believe that we have outgrown the apotropaic use of language .Many people derive comfort from magical objects , and virtually everyone finds reassurance in magical words . The classic example of an apotropaic is the word “abracadabra,” which The American Heritage Dictionary of the English Language defines as “a magical charm or incantation having the power to ward off disease or disaster”. In the ancient world, abracadabra was a magic word, the letters of which were arranged in an inverted pyramid and worn as an amulet around the neck to protect the wearer against disease or trouble. One fewer letter appeared in each line of the pyramid, until only the letter “a” remained to form the vertex of the triangle. As …. (shrink)

Qu’est ce que le « viol » au XVIe siècle? Le terme existe-il? Est-ce alors un crime? Lequel? Et contre qui? Ces questions a priori naïves soulèvent pourtant d’importants problèmes relatifs à l’histoire des violences sexuelles : celui de la dénomination de ces violences, aucun terme spécifique ne permettant alors de les désigner, et celui de leur qualification relativement ambiguë pour le XVIe siècle. L’étude croisée de sources normatives, narratives et judiciaires, permet en effet de constater que le « (...) viol » ne constitue pas encore une catégorie juridico-médicale parfaitement définie mais une circonstance aggravante du rapt et de l’adultère, crimes relevant du contrôle des rapports de sexes. La mise en lumière des enjeux socioculturels à l’œuvre dans la qualification des violences sexuelles devrait permettre de comprendre comment une agression sexuelle contre une femme devient, pour la société d’Ancien Régime, un crime contre un homme. (shrink)

In the future, it is likely that we will form strong bonds of attachment and even develop love for social robots. Some of these loving relations will be, from the human’s perspective, as significant as a loving relationship that they might have had with another human. This means that, from the perspective of the loving human, the mindless destruction of their robot partner could be as devastating as the murder of another’s human partner. Yet, the loving partner of a robot (...) has no recourse to legal action beyond the destruction of property and can see no way to prevent future people suffering the same devastating loss. On this basis, some have argued that such a scenario must surely motivate legal protection for social robots. In this paper, I argue that despite the devastating loss that would come from the destruction of one’s robot partner, love cannot itself be a reason for granting robot rights. However, although I argue against beloved robots having protective rights, I argue that the loss of a robot partner must be socially recognised as a form of bereavement if further secondary harms are to be avoided, and that, if certain conditions obtain, the destruction of a beloved robot could be criminalised as a hate crime. (shrink)

Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. (...) But not only would negligence be a sufficient legal and moral basis for imposing terms of imprisonment in these cases, mere causal responsibility would also be enough, for causal responsibility has embed in it all we need to find those causally responsible morally responsible too, and once some basis for moral responsibility is established, the imposition of terms of imprisonment is both legally permitted and morally just. (shrink)

This essay proposes an approach to understanding changes in political responses to crime in England and Wales over the last third of the twentieth century and developments in criminological knowledge over the same period. To explore the association between these in some empirical detail, we argue, would provide a historical?sociological understanding that is currently lacking, notwithstanding Garland's significant intervention in The Culture of Control. We take issue with some aspects of Garland's account, on both methodological and substantive grounds, (...) and delineate certain distinctions between his ?history of the present? and the historically situated hermeneutics that we favour. The latter, we suggest, can be more attentive to particular political and intellectual struggles that have had a formative bearing on the current field and, as such, offer new perspectives on the position of crime and punishment in contemporary political culture. (shrink)