The shift from a welfarist to a retributivist perspective on crime, which is one of the themes of David Garland?s book, has brought with it a renewed emphasis on the victims of crime and their rights. This shift in emphasis, I suggest, raises questions about the way we think of the relationship between individual citizens and between citizens and the state. Different political theories will produce different accounts of this relationship and hence different ways of characterising the status and (...) role of victims in the criminal process. In this paper then I sketch a roughly communitarian view of the citizen relationship as a context for an account of the status of victims. Thus, I argue, we need to consider not just the expectations that victims rightly have that they have rights which should to be recognised in the criminal process but also their duties as participants. Duties which require them to bear witness in calling offenders to account. This gives victims an active role in the criminal process but one that may come at a price since it might require victims to be subjected to greater scrutiny in the process of a criminal trial than they might find bearable. (shrink)

Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equippedwith a trial process that contains its own dramatic structure. This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of (...) law with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government,along with the protection of victims by the prevention of crime. And yet criminal punishment remains one of the most abused and terrifying forms of political power. Second, crime is intensely psychological and therefore an important subject by which a writer can develop and explore character. Athird connection between criminal justice and fiction involves the inherently dramatic nature of the legal system itself, particularly the trial. Moreover, the ongoing public conversation about crime and punishment suggests that the time is ripe for collaboration between law and literature in thistroubled domain.The essays in this collection span a wide array of genres, including tragic drama, science fiction, lyric poetry, autobiography, and mystery novels. The works discussed include works as old as fifth-century BCE Greek tragedy and as recent as contemporary novels, memoirs, and mystery novels. Thecumulative result is arresting: there are "killer wives" and crimes against trees; a government bureaucrat who sends political adversaries to their death for treason before falling to the same fate himself; a convicted murderer who doesn't die when hanged; a psychopathogical collector whose quitesane kidnapping victim nevertheless also collects; Justice Thomas' reading and misreading of Bigger Thomas; a man who forgives his son's murderer and one who cannot forgive his wife's non-existent adultery; fictional detectives who draw on historical analysis to solve murders. These essays begin aconversation, and they illustrate the great depth and power of crime in literature. (shrink)

This paper is published as part of special issue on the theme of ‘justice without retribution’. Any attempt to consider how justice may be achieved without retribution has to begin with a consideration of what we mean by justice. The most powerful pleas for justice usually come from those who feel that they have been harmed by the wrongful acts of others. This paper will explore this intuition about justice and will argue that it arises from the central importance of (...) reciprocity, in the form of equity, balance and fairness, in human relationships. This is expressed in our image of justice, one of whose core symbols is a set of scales. I will use a clinical case to illustrate what can happen when criminal harm is not followed by any form of restitution. In this case, the punitive impulse was internalised in the victim and turned against herself in the form of deliberate self harm and, ultimately, death by suicide. I will argue that human relationships largely consist of reciprocal acts of good or harm and that we constantly strive for a balanced reciprocity in our relationships with others. This theme has been played out throughout human history in personal relationships, social customs, legal systems, religion and culture. It is also seen in higher primates. When someone is a victim of wrongful harm, there is a need to take measures to restore the balance which has been lost. I will attempt to draw a distinction between retributivism as the term is usually understood and the application of the principle of reciprocity in criminal justice. This distinction is one that has found expression in what has become known as ‘restorative justice’ as opposed to conventional justice. There are two cardinal features of restorative justice in this context. The first is that it brings offender and victim into a relationship with the aim of repairing the harm that has been caused. The second is that it gives the offender the opportunity to give something back to his victim. I will conclude that our responses to criminal wrong-doing should be based on restorative principles and that punishment can sometimes be part of the process by which moral harm is made good. (shrink)

Literature of an autobiographical character acquires a special significance in the world of the bloody tragic events of the 20th century, i.e. the Holocaust, the Second World War, the realities of the Nazi and Soviet totalitarianisms, death camps, and forced labour. Those are the recollections of experienced trauma which shatters identity, and of existential experiences of a borderline nature, of which Shalamov, a witness to the epoch, felt an obligation to talk. An anthropological analysis of Varlam Shalamov’s short story (...) titled Artificial Limbs, Etc. enables one to grasp the role of memory and autobiographical testimony as a kind of cultural and literary antidote to silence and memory distorted by the Soviet totalitarianism. The author of Kolyma Tales offered a faithful description of a world outside the‘human’ world, one which was almost impossible to describe due to its inherent moral void, level of violence, and fear of the authorities who made people forget about the crimes, victims, and oppressors. (shrink)

Switzerland is internationally known for its progressive animal laws and for its innovative tools in law enforcement. In 1992, the Canton of Zurich introduced a public lawyer vested with the task of representing animals’ interests in criminal procedure, known as the Animal Protection Lawyer. The APL had the power to access information about court proceedings, study pending court cases, and intervene on behalf of victim animals. This enforcement tool set a precedent across the world. It amounted to a recognition of (...) animals as de facto victims and created an “equality of arms” for human and animal parties in criminal procedure. In a historic move in 2014, the Zurich parliament removed the APL from office—by mistake, as some maintain. Meanwhile—unnoticed by many—the Canton of Berne maintained a state agency vested with the very same powers as those the APL had, called the Dachverband Berner Tierschutzorganisationen. Though the DBT operated as an established agency for over 2 decades, in August 2017, a criminal court in Berne denied the DBT standing, arguing that the laws conferring on it the right to represent animals violate the federal law on criminal procedure. In July 2018, the Supreme Court delivered its judgment, and effectively stripped the DBT of its rights to represent animals in criminal proceedings. This article describes these recent shifts in criminal animal law in detail and analyzes the sociopolitical factors that gave rise to them. Special attention is paid to the question of what is left for Switzerland as a role model in animal law given ongoing deregulations, particularly as recent cases in the United States point to an incremental emancipation of animals as victims. The article discusses current alternatives to the APL and the DBT and puts their promises under scrutiny. The analysis reveals that these alternatives skirt the main obstacles faced by animals in criminal procedure and threaten the democratic will of the Swiss people. Two alternatives are discussed that can help Switzerland overcome its insufficiencies: the organizational right to appeal and victim rights for animals in criminal procedure. Using these alternatives, the article calls for the global emancipation of animals as the proper victims of crimes and for furnishing them with correlating rights to enforcement, including rights to representation. (shrink)

This study examines the ritualized character of crimes against humanity in Bosnia-Herzegovina. Encompassing a victim, a victimizer, and a witness, degradation ceremonies structured the activity of what is euphemistically called ethnic cleansing. The observing world played the role of witness, which became a perpetuating component of the ritual.The discussion leads to the formulation of evil as the degradation of not only an individual human being but also humanity itself.

In Culture, Genre, and Literary Vocation, Michael Davitt Bell charts the important and often overlooked connection between literary culture and authors' careers. Bell's influential essays on nineteenth-century American writers—originally written for such landmark projects as The Columbia Literary History of the United States and The Cambridge History of American Literature—are gathered here with a major new essay on Richard Wright. Throughout, Bell revisits issues of genre with an eye toward the unexpected details of authors' lives, and invites us to (...) reconsider the hidden functions that terms such as "romanticism" and "realism" served for authors and their critics. Whether tracing the demands of the market or the expectations of readers, Bell examines the intimate relationship between literary production and culture; each essay closely links the milieu in which American writers worked with the trajectory of their storied careers. (shrink)

Philosophers have had surprisingly little to say about the concept of a victim although it is presupposed by the extensive philosophical literature on rights. Proceeding in four stages, I seek to remedy this deficiency and to offer an alternative to the two current paradigms that eliminates the Othering of victims. First, I analyze two victim paradigms that emerged in the late 20th century along with the initial iteration of the international human rights regime – the pathetic victim paradigm (...) and the heroic victim paradigm. Holocaust victims are quintessential instances of the pathetic victim paradigm. They are marked by passivity and innocence in the face of overpowering force and unspeakable humanly inflicted suffering. Aung San Suu Kyi is an exemplar of the heroic victim paradigm – prisoners of conscience, in Amnesty International’s terms. Because heroic victims face off against the repressive power of the state to fight injustice, they are by no means passive, but they must be innocent of wrongdoing – that is, they must use nonviolent means of dissent – to qualify as heroic victims. Second, I problematize the asymmetrical conceptions of innocence that underwrite the two victim paradigms. Whereas the pathetic victim paradigm identifies innocence with passivity, the heroic victim paradigm countenances agentic victims and adverts to a universalist, absolutist stance on the limits of the legitimate use of state power to ascribe innocence to heroic victims. Both conceptions of innocence are out of keeping with well established social and legal practices regarding what constitutes coercive force and innocent victimhood. Consequently, there is reason to be skeptical of the two victim paradigms. Third, I identify two kinds of human rights violations and two categories of victims that AI defends despite their failure to fit the two paradigms – women trafficked into sex work and prisoners on death row. In many cases, women forced to do sex work are not innocent girls who are ignorant of the trafficking system and who helplessly fall prey to smugglers. They are desperately poor women who for that reason are willing to take enormous risks to try to relieve their own and often their families’ deprivation and suffering. Although these women act nonviolently for irreproachable reasons, they lack the public political agendas that characterize heroic victims. Unless non-fulfillment of subsistence rights is recognized as a form of overpowering force that inflicts severe, avoidable suffering, these women do not qualify as pathetic victims either. The victim paradigms pose an even greater obstacle to recognizing that the death penalty is a human rights violation and that death row prisoners are victims. Because a jury concluded that these individuals committed heinous, violent crimes, they are excluded by the heroic victim paradigm. Only if death row prisoners can be proven (usually through DNA evidence) not to have committed the crimes for which they were convicted can these individuals qualify as pathetic victims. In the absence of any reason to believe that they are innocent and especially if they are unrepentant, they are widely regarded as brutal victimizers of others who deserve no sympathy for, let along relief from, the suffering they “brought on themselves.” Finally, I confront the Othering of victims that results from the two victim paradigms, which leads many victims to eschew the label, thereby opting out of human right discourse. I propose revisions in the victim paradigms that eliminate the real-world exclusions they sponsor as well as the Othering of victims of human rights abuses. In particular, I endorse greater attention to what people and the institutions they create do to other people, and I favor a presumption that unnecessary and severe humanly inflicted suffering is a human rights violation. Moreover, I reject the innocence criterion embedded in the two paradigms and urge that it be replaced by a burdened agency criterion. These modifications better align the concept of a victim with a realistic understanding of human subjectivity and agency and allow for a more capacious understanding of who is a bearer of human rights and under what conditions right-holders become victims of rights violations. (shrink)

This is a theoretical treatment of the term "Sha Zhu Pan" (杀猪盘) in Chinese, which translates to “Pig-Butchering” in English. The article critically examines the propagation and validation of "Pig Butchering," an animal metaphor, and its implications for the dehumanisation of victims of online fraud across various discourses. The study provides background information about this type of fraud before investigating its theoretical foundations and linking its emergence to the dehumanisation of fraud victims. The analysis highlights the disparity between (...) academic literature, subjected to rigorous peer-review processes, and sensationalised narratives prevalent in the media. While academic works subject "pig butchering" to critical scrutiny and refrain from endorsing derogatory terms to depict fraud victims, numerous media outlets employ this term uncritically, further worsening the predicament of these victims. "Pig butchering" is firmly rooted in the concept of dehumanisation, and this article underscores how language moulds perceptions of fraud and behaviour, extending to the development of preventive strategies. The role of law enforcement agencies in generating and disseminating materials is also a central theme, emphasising their responsibility as trusted sources of information. We suggest that these agencies should adopt non-victim shaming language to encourage victims to report crimes and alleviate the stigma attached to victimisation. Additionally, the article offers valuable cross-cultural insights by comparing metaphors from Chinese and Nigerian contexts. This comparative analysis enriches our comprehension of the global dimensions of online fraud and its cultural diversities, highlighting the substantial impact of language on perceptions and behaviours. We advocate for a departure from victim-blaming tendencies perpetuated by select media outlets, urging a more compassionate and accurate portrayal of those affected by online fraud. We, therefore, call for a more empathetic and accurate portrayal of individuals affected by online fraud, aligning with the broader objective of promoting understanding and support for these victims. (shrink)

Organised crime is chameleonic in nature. It is transnational, dynamic, overlapped criminal activities and pervasive in nature. In the same way, money laundering is the predicate offence and it is naturally linked to other organised crimes. After the cold war, this nexus culminated during the occurrence of 9/11 in particular which was a lethal combination of money laundering and terrorist financing. This combination is currently being experienced by Pakistan; where various terrorist groups are involved with direct and indirect support (...) of proceeds from drug trafficking, assassination, land grabbing, arms smuggling and various other organised crimes routing through the abusage of financial and non-financial channels and support to terrorism. This has left serious socio-politico and economic consequences in the south Asian region and global as well. The researcher found very limited evidence of money laundering characteristics in the existing research literature on Pakistan. Thus to carry out research work on the subject was need of the hour in Pakistan. This led the researcher to find out root causes and existing weaknesses at the regime’s end in countering financial crime and financing of terrorism. (shrink)

Becoming a crime victim is often associated with the development of psychological distress symptoms. In turn, these symptoms have been found to be related to a decrease in perceived social support by the victim. From a uses and gratifications point of view, the increase in distress and the decrease in perceived social support could well affect a victim’s television use. Furthermore, the compensation hypothesis proposes that people with little social contact use mass media to compensate for social isolation. It could (...) therefore be hypothesized that increased use of television for reasons of companionship is related to higher levels of psychological distress and lower levels of perceived social support. The present study used a structural equation model to test this hypothesis. The sample consisted of 212 Flemish victims of crime. The results confirm the proposed relationships and hypotheses. Directions for future research are discussed. (shrink)

Nirbhaya, Asifa, Manisha Valmiki, and the list of victims, (be it women, children or men) in India goes on. There is myriad of legislations enacted in the past to curb the offences, but the crimes in the society seem to be unstoppable. During the COVID time, in the lockdown too, the crimes continued to take place. There were several instances of domestic violence and rapes heard in news. Many instances of suicides were reported. It is really difficult (...) to understand what place in the country is safe for the existence and peaceful survival of any person? The question that arises is whether a victim who comes before the court is provided with the adequate relief? Has the Judiciary or the Parliament done something with this regard? Does the concept of compensatory jurisprudence exist in India? What more is required to be done to enhance the position of victims and rehabilitate them? The research article shall look into the concept of compensatory jurisprudence with respect to India and other nation states as well. There are prevailing enormous laws which discuss about the punishment to be given to the accused person guilty to have committed crime, but unfortunately, there is no specific law regarding the steps to be taken to rehabilitate a victim who has been the subject matter of any crime. The research paper shall deal with various aspects and try to analyse laws or rules, if any, existing with regard to the protection of victims in India or around the globe. It shall also try to look into the role that the States play in rehabilitating and compensating the sufferers and victims of various crimes. The article shall conclude with suggestions as to how the research gaps related to victim reparation be filled. (shrink)

Purpose. The paper considers the establishment of the paradigmatic determinants of the understanding of crime on the basis of fundamental changes in understanding of the essence of a man in ancient, medieval, Renaissance, modern and postmodern philosophy. Theoretical basis. The author determines that the understanding of the concept of crime is possible only in the combination of historical, philosophical, legal and sociological approaches. The interpretation of the essence of this concept dynamics and relevant legal practices is based on structuralist, post-structuralist (...) and hermeneutical methodological principles. Originality. The author has proved that the concept of "crime" is not a constant but a historically variable category whose dynamics of meanings is linked to a change in philosophical anthropological paradigms. Its understanding is primarily related to the interpretation of the essence of a man and the imperatives of his behavior. This allows a new understanding of the philosophical foundations of modern criminology. Conclusions. The article establishes that in the history of Western philosophy, there are five anthropological paradigms that differ in a thorough rethinking of the essence of a man. The first cosmocentric regards man as a microcosm, his soul and actions must be in harmony with the harmony of the Cosmos. The second Theocentric considers a man the image and likeness of God, though he is at the same time burdened with original sin. In the era of early Modernism, the third paradigm, which we called cognitive-centric, becomes dominant, since the essence of a man is reduced primarily to his mind. It gradually changes to the fourth – sociocentric, which focuses on the social essence of a man. However, despite its continued existence in our time, at the end of the XX century, there is a transition to the fifth paradigm – postmodernist, which deconstructs the essence of a man, reducing it to the role of an element of power systems. These paradigms, with a certain synchronicity, create the corresponding concepts of "crime": from violation of polis-space laws to identification with sin, from non-observance of mental and moral standards to social deviance. Contemporary understandings of crime are, for the most part, relativistic and constructivist, which is consistent with the postmodern anthropological paradigm. However, the diversity of interpretations of the concept of "crime" that exists in the current scientific literature needs further comprehension. (shrink)

In this article, I focus on the work of the Movement of Victims of State Crimes in Colombia. The work of Movice, I suggest, is an example of how the category of “victim” from international law discourse is adopted and used from below by victims of mass atrocities. I show that, through this category, Movice attempts to introduce an alternative narrative of the internal armed conflict in which the state is a perpetrator of violence against civilian population (...) as part of a practice of elimination of political opposition through violent means. To do this, I focus on three political opportunities in which Movice deployed the category of victim between 2005 and 2016. I suggest that Movice is an example of how a movement of victims can adopt categories of international law to frame their struggles and, in doing so, infuse them with new contents. (shrink)

In the article the parameters of the crime novel and crime story that were used by the postwar German novel of the investigation were highlighted and analyzed. The transformation of the range of problems of criminal literature in the new conditions is showed on the material of such works as ‘Aula‘ Kant, ‘Der Fall d’Arthez‘ G.-E. Nossack ‘Buridan’s ass‘ G. de Breun, ‘Gruppenbild mit Dame‘ G. Boell, ‘Black ass‘ L. Rinzer et al. It is demonstrated which formal elements that (...) organize the system of images, time-space and the intersection of ‘voice streams‘, the texts succeed from the twentieth-century enlightenment ‘postpitaval’s‘ prose. Traditions of Schiller, Goethe and others expressed through the ideological setting of the novel of the investigation, the duality of its structure and the relationship of narrative plans. The narrators of investigation novel work for underlining their detachment; they are out of the events and cherish their independence. Masks and aliases are actively used with the view of creating of the effect of ‘non-presence‘. Authors play with the grammatical forms: I am - you are - he is. Therefore, the novel of investigation adopts the social agenda and coherence with the historical period from the tradition of a criminal novel. Ethical measures used by narrators to evaluate the events described are succeeded from tradition as well. Some elements, which stay relevant, are used as productive. (shrink)

BackgroundScientific literature on posttraumatic growth after terrorist attacks has primarily focused on persons who had not been directly exposed to terrorist attacks or persons who had been directly exposed to them, but who were assessed few months or years after the attacks.MethodsWe examined long-term PTG in 210 adults directly exposed to terrorist attacks in Spain a mean of 29.6 years after the attacks. The participants had been injured by a terrorist attack or were first-degree relatives of people who had (...) been killed or injured by a terrorist attack. They completed diagnostic measures of emotional disorders and measures of PTSD and depression symptomatology, optimism, and PTG.ResultsMultiple regression analyses revealed gender differences and a positive linear relationship between PTG and cumulative trauma after the terrorist attack. Some PTG dimensions were significantly associated with PTSD symptomatology, these associations being linear, not curvilinear. However, PTG was not associated with depression symptomatology, diagnosis of emotional disorders, age, elapsed time since the attack, or optimism. In comparison with survivors assessed 18 years after the 1995 Oklahoma City bombing, Spanish victims of terrorism showed higher levels of appreciation of life, but lower levels of relating to others and spiritual change.ConclusionThe findings underscore the influence of gender on PTG and provide support to the hypothesis that some emotional distress may be a necessary condition of PTG. Future studies on PTG after terrorist attacks should take into consideration the characteristics of the terrorist attack itself and the contexts of violence and threat in which it occurred. The political, social, and cultural characteristics of the community affected by it and the profile and characteristics of other traumatic events suffered after the attack should also be taken into account in further research. (shrink)

Justice is not only about punishing the perpetrators but also protecting the rights of their victims. Corruption is not a victimless crime! Therefore, the main intention of this paper is to enlighten that protecting the rights of the victims of corruption is one of the crucial battles in the war against corruption. Wining this battle during the pandemic Covid-19 is grinding but of vital importance at the same time! Corruption has already been a remaining concern in the Republic (...) of Kosovo. Notwithstanding, the situation with the pandemic Covid-19 has made the justice system, and not only, more fragile. Consequently, we are currently living in a perfect environment for corruption acts where the victims of corruption are not acknowledged and sometimes even “garbled” with the victims of Covid-19! It is important more than ever to ensure effective remedies for persons who have suffered from corruption acts including the possibility of compensation for their damage. Indeed, the Republic of Kosovo is not a state party of the Civil Law Convention on Corruption. Yet this convention shall be the guide for establishing such legal avenues while the good practices of the United Kingdom and the French Republic shall be the aim and motivation for this. (shrink)

Objective Apeiron was founded in 1966 and has developed into one of the oldest and most distinguished journals dedicated to the study of ancient philosophy, ancient science, and, in particular, of problems that concern both fields. Apeiron is committed to publishing high-quality research papers in these areas of ancient Greco-Roman intellectual history; it also welcomes submission of articles dealing with the reception of ancient philosophical and scientific ideas in the later western tradition. The journal appears quarterly. Articles are peer-reviewed on (...) a double-blind basis. Topics ancient philosophy ancient science reception of ancient philosophical and scientific ideas in the later western tradition Article formats Original Articles. (shrink)

PTSD was formalized as a diagnosis by the American Psychiatric Association in 1980 with the publication of the Diagnostic and Statistical Manual of Mental Disorders (DSM), 3rd edition. Since that time, the diagnosis has been widely utilized in the courts including the use in criminal proceedings. PTSD may play a role in the assessment of violent crimes both as a possible contributing factor in the perpetrators as well as a consequence in the victims. There are a number of (...) ethical and clinical considerations in the use of this diagnosis. Importantly, the diagnostic criteria have changed to a degree with subsequent editions of the DSM. This may have an impact on the interpretation of past legal judgments. Moreover, extensive psychiatric comorbidity may complicate the clinical picture, e.g., mood disorders, substance use disorders, or psychosis. The diagnosis of PTSD is still based on clinical, largely subjective criteria, e.g., biological markers are not yet utilized. As such, there may not be consistent agreement about the diagnosis among experts. This paper summarizes some of these relevant issues in adjudicating violent crimes. (shrink)

Unlike one-to-one threats, terrorist threat texts constitute a form of violence and a language crime that is committed in a complex context of public intimidation, and are communicated publicly and designed strategically to force desired sociopolitical changes [19]. Contributing to law enforcement and threat assessors’ fuller understanding of the discursive nature of threat texts in terrorism context, this paper examines how language is used dialogically to communicate threats and to construct both the purpose of threatened actions and the victims. (...) The paper uses a critical discourse analytic approach and takes a set of eleven digital threat texts made by two jihadists as a case study. It draws on van Dijk’s concept of ideology [64], the law enforcement-based taxonomy of threat types as reported by Napier and Mardigian [40], van Leeuwen’s model of social actor representation and discursive construction of purpose of social actions [69], and Martin and White’s Engagement system [34]. The analysis reveals victims specified and genericised, excluded and adversary. This linguistic construction is underpinned by a dichotomous conceptualisation of the social actors’ affiliations, positions, values, cultural activities, goals, and material and symbolic resources. The threats are delivered to the victims, agents acting on their behalf (e.g. security forces) or property associated with them (e.g. oil refinery), and are of two primary types—direct, and veiled. The former are predominant and serve inter alia to augment the public-intimidation impact of terrorist discourse. Threatened violence is of goal-, means- and/or effect-oriented social purposes, which suggest a categorisation of threats based on these purposes. The analysis reveals a dialectic, refutative nature of argumentation, and a discourse pregnant with heteroglossic utterances that contract (i) to close off and disalign with state officials’ contradictory voices, and (ii) to produce tension, providing clues to terrorists’ motivations and what constitutes the heart of political violence. (shrink)

This study integrates corpus-assisted text analysis with frame semantics to study a social problem. Taking a cognitive-linguistic approach to critical discourse studies, in this article I examine the linguistic construction of minors in a corpus of 489 articles from the Uruguayan newspaper El País in the context of the so-called ‘Criminal Imputability Referendum’. Throughout, I focus on the construal operation of framing and identify a host of discursive patterns via which minors and adolescents are recurrently placed within the semantic frame (...) CRIME, and within this, they profile the frame elements of perpetrators of violent crimes rather than victims. I argue that, in the context of the referendum, these discursive strategies run the risk of facilitating the consolidation of a strong conceptual link whereby youth become readily associated with criminality, and are subservient to the political views of groups supporting a lower cut-off age for criminal responsibility and more stringent punishments. The observations arrived at in this instance set the foundations for a future experimental study testing whether the discursive patterns unearthed here have an effect on how readers conceptualize minors outside the texts. (shrink)

The article focuses on the analysis of preparation of crime prevention programmes in Lithuania and assesses their level of compliance with the methodological requirements for programme preparation. Many crime prevention programmes are approved and implemented at national level in Lithuania. If such programmes were prepared in accordance with the principles and methods recommended in the scientific literature, the efficiency of crime prevention programmes would undoubtedly increase. In Lithuania, a number of studies on the efficiency of the existing crime prevention (...) programmes were carried out; however, none of them assessed the level of compliance of such programmes with the methodological requirements for the preparation of such programmes. The object of the study – crime prevention programmes in Lithuania. The goal of the study is to analyse the preparation of crime prevention programmes currently available in Lithuania, to identify major problems related to the preparation of such programmes, and to suggest possible solutions to these problems. In order to achieve that goal, the article lists and defines the main general aspects of crime prevention, and carries out an analysis of the principles and methodological aspects of preparation of crime prevention programmes. Subsequently, the crime prevention programmes available in Lithuania are analysed and their level of compliance with the methodological requirements for such programmes is assessed. Major problems related to the preparation of such programmes are defined. Research methods. Analysis of scientific literature, comparative analysis, analysis of legal documents, content analysis, statistical data analysis, systemising and generalisation. Main results and conclusions: • After investigating 49 crime prevention programmes it was found that none of the examined programmes conformed to all of the 16 criteria of the methodological requirements applicable for preparation of such programmes. Most of the crime prevention programmes have the following weaknesses: o problem-solving is formulated vaguely and inaccurately – the main problem for which the programme is created is not distinguished and its extent and content cannot be determined by objectively measurable indicators. o Permanence of solving problems is not defined – the programmes did not provide data showing the duration of an underlying problem. o Unidentified negative consequences of the phenomenon – negative consequences of the problem are not revealed, the damage is not assessed. o The goals do not correspond to the problem – the results of the goals, which would be expressed in terms of changes to be achieved, describing changes to the extent and/or content of the problem are not determined. o The goals are not concrete and exact – the objects of impact, their changes and expected results are not defined. o The goals are incomprehensible – they are vaguely formulated and treated like tasks. o Non-specific tasks – there are no outcomes measurable by objective indicators, after achieving that the tasks are resolved. o The potential effectiveness of the selected measures is not specified - there is no indication on the grounds of the conclusion as to the potential effectiveness of each measure. o The financial costs of implementing measures are not estimated. o The expected results are not determined - there is no indication as to the changes to be determined by the implementation of the programme. o There are no criteria provided for the assessment of effectiveness and impact. o The participation of the non-governmental organisations and individuals in the implementation of the measures is not defined. • On average, crime prevention programmes meet 6.8 of the criteria (out of the 16 criteria analysed). This means that on average the programmes meet less than half of all the criteria used. • Only 20 (41%) crime prevention programmes meet half or more of the criteria examined. Proposal. Given the irrational use of the allocated resources for the implementation of the poorly developed crime prevention programmes, the Government of the Republic of Lithuania should develop and adopt a mandatory and not a guidance methodology for the preparation of programmes, to be used by anyone preparing programmes financed from the state budget. (shrink)

Parallel moral luck problems exist in three different normative domains: criminal law, tort law, and conventional moral thinking. In all three, the normative status of an actor’s conduct seems to depend on matters beyond the actor’s control. Criminal law has historically imposed greater punishment on the murderer who kills his intended victim than on the identically behaved would-be murderer whose shot fortuitously misses. Tort law imposes liability on the negligent driver who injures someone, but no liability if, through good fortune, (...) the negligence injures no one. And, as BernardWilliams and Thomas Nagel have famously argued, conventional moral thinking often attributes greater blame to an actor for wrongful conduct if that conduct ripens into a terrible event than if it fortuitously causes no harm at all. This Article distinguishes two different dimensions of responsibility and then uses this distinction to explain the problem in all three areas. One dimension is called "fault-expressing responsibility": it is a matter of the degree to which one’s acts constitute conduct that can express one’s character or faultiness. A second dimension of responsibility is called "agency-linking responsibility." In this dimension, the degree to which a person is responsible for some event is dependent upon whether that event is an action of that person. Responsibility can differ in the agency-linking dimension even if it remains the same in the fault-expressing dimension. (shrink)

This article focuses on the social construction of femininity in a reality television program, America's Most Wanted. The program blurs fact and fiction in reenactments of actual crimes. The analysis focuses on its depiction of women crime victims. A prior study argues that the program empowers women to speak about their victimization. Other research suggests that such programs make women fearful. The authors compare episodes from the 1988-1989 and the 1995-1996 seasons. Although women spoke about their victimization, men (...) spoke more often and presented master narratives about the crimes. In both seasons, the program imagery emphasized feminine vulnerability to violence from strange, devious, and brutal men and masculine technical expertise and authority as women's protection from such violence. (shrink)

This work proposes research on a still unexplored psychical world: thoughts, emotions, and real events experienced by racket victims of the three largest criminal organizations of the South of Italy: Mafia, Camorra, and ‘Ndrangheta. The purpose is to understand the multifaceted psycho-anthropological and social issues criminal organizations have settled on, and particularly which psycho-relational dynamics and sociocultural codes come into play in the complex and controversial relationship between victim and criminal system, between victim and support systems. With entrepreneurs and (...) tradesmen victims of organized crime, we have analyzed lived experiences—in particular fear—and psychological problems they had to cope with; events and motivations that allowed them “breaking” the silence and asking for help; the representation of a support network before and after their possible pressing charges; the kind of help offered by support systems. Dignity and self-respect, the fight for one's own freedom and honor,.. (shrink)

Martin Wrights original ground-breaking and influential analysis of the defects of the adversarial system of justice, plus the arguments in favour of a more ...

War crimes are being committed in Ukraine today, but who should be held responsible? By looking at the literature on responsibility and violence by Philippa Foot and John Harris, this article argues that there are grounds for holding Vladimir Putin responsible for war crimes in Ukraine, even if he did not give the command for these crimes and other atrocities to be carried out.

This book argues that the negotiation of agency is central not only to the experience of war but also to its representation in cultural expressions, ranging from a notion of disablement, expressed in victimization, immobilization, traumatization, and death, to enablement, expressed in the perpetration of heroic, courageous, skillful, and powerful actions of assertion and dominance. In order to illustrate this thesis, it provides a comprehensive analysis of literary representations of the American War of Independence from 1775, the beginning of the (...) war, up until roughly 1860, when the Civil War marked a decisive historical turning point. As the first national war, it has an unquestionably exemplary status for the development of American conceptions of war. The in-depth study of exemplary texts from a variety of genres and by authors like Thomas Paine, Benjamin Franklin, James Fenimore Cooper, Catharine Sedgwick, William Gilmore Simms, and Herman Melville, demonstrates that the overall character of Revolutionary War literature presents the war as a forum in which collective and individual agency is expressed, defended, and cultivated. It uses the military environment in order to teach the values of discipline and self-subordination to a communal good, which are perceived as basic principles of a Republican virtue to guide the actions of the autonomous individual in a popular democracy. (shrink)

Fear of public disclosure that will add to the humiliation of rape or other sexual assault is real for victims. In discussing this issue, cases for concealment and for disclosure are examined and suggestions are made for determining whether to publish names of victims.

The current study explores the role of individual and environmental determinants on students’ fear of crime. Based on a large-scale survey among students of a Belgian university (n = 1,463), the relationship between perceived social and physical disorder and the three dimensions of fear of crime (perceived risk of victimization, feelings of anxiety, avoidance behaviour) is examined. Support was found for a relationship between perceived social and physical disorder and perceived risk of victimization. Moreover, a relationship was found between students’ (...) perception of social disorder and anxiety and students’ perception of physical disorder and avoidance behaviour. Based on the results, this study suggests that preventing or reducing visible signs of disorder on campus should inevitably be included in the university’s security policy. This research offers universities more insight in the determinants of students’ fear of crime and potential measures to increase their (perception of) safety. (shrink)

This paper presents an effort to induce a Bayesian belief network (BBN) from crime data, namely the national crime victimization survey (NCVS). This BBN defines a joint probability distribution over a set of variables that were employed to record a set of crime incidents, with particular focus on characteristics of the victim. The goals are to generate a BBN to capture how characteristics of crime incidents are related to one another, and to make this information available to domain specialists. The (...) novelty associated with the study reported in this paper lies in the use of a Bayesian network to represent a complex data set to non-experts in a way that facilitates automated analysis. Validation of the BBN’s ability to approximate the joint probability distribution over the set of variables entailed in the NCVS data set is accomplished through a variety of sources including mathematical techniques and human experts for appropriate triangulation. Validation results indicate that the BBN induced from the NCVS data set is a good joint probability model for the set of attributes in the domain, and accordingly can serve as an effective query tool. (shrink)

This book on the psychology of white collar criminals discusses various cases of financial crime, while also attempting to delve into the minds of the criminals in question. The literature on this topic is growing as it gains momentum in the scientific field, as a result of the extremely negative impact white collar crime has on its victims. Because there is considerable damage and vulnerability from these crimes, it is important to begin to classify them, and to (...) understand the minds of those that commit these offenses. While the current literature is not extensive, this work provides a closer look into the various ethical and legal facets of financial crime, and helps to uncover the social, psychological and neurobiological factors that intersect in the minds of those criminals. (shrink)

Temperance literature, though widely popular in America and Britain between 1830–80, lost its allure in the decades that followed. In spite of its didactic and moralistic nature, the public eagerly consumed temperance novels, thus reciprocating contemporaneous writers’ efforts to promote social ideals and mend social ills. The main aim of this paper is to redress the critical neglect that the temperance prose written by women about women has endured by looking at three literary works—two novellas and one confessional novelette—written (...) by mid-nineteenth-century American female writers. These works serve as a prism through which the authors present generally “tabooed” afflictions such as inebriation among high-class women and society’s role in perpetuating such behaviors. The essay examines the conflicting forces underlying such representations and offers an inquiry into the restrictive and hostile social climate in mid-nineteenth-century America and the lack of medical attention given to alcohol addicts as the possible causes that might have prompted women’s dangerous behaviors, including inebriation. This paper also demonstrates the cautious approach that nineteenth-century female writers had to take when dealing with prevalent social ills, such as bigotry, hypocrisy and disdain directed at female drunkards. It shows how these writers, often sneered at or belittled by critics and editors, had to maneuver very carefully between the contending forces of openly critiquing social mores, on the one hand, and not being censored, on the other. (shrink)

This article analyses how child victims of abuse may be subjected to hermeneutical injustice. I start by explaining how child victims are hermeneutically marginalised by adults’ social and epistemic authority, and the stigma around child abuse. In understanding their abuse, I highlight two epistemic obstacles child victims may face: (i) lack of access to concepts of child abuse, thereby causing victims not to know what abuse is; and (ii) myths of child abuse causing misunderstandings of abuse. (...) When these epistemic obstacles cause the child victims to fail to see themselves as being abused and/or to get adults to recognise that they are being abused, I argue that this constitutes hermeneutical injustice. While some may justify obstructing epistemic access to concepts of abuse on the grounds of parental rights and protection of children’s innocence, I reply that both grounds are unjust in light of children’s basic rights and the fact that children can easily be taught such concepts in a child-appropriate manner. The case of child abuse prompts important reflections on existing epistemic injustice literature, particularly on the ways in which hermeneutical injustice materialises, the epistemic responsibilities of institutional bodies and individuals, and the interrelationship between testimonial and hermeneutical injustice. (shrink)

In metasemantics, semantic dispositionalism is the view that what makes it the case that, given the value of the relevant parameters, a certain linguistic expression refers to what it does are the speakers’ dispositions. In the literature, there is something like a consensus that the fate of dispositionalism hinges on the status of three arguments, first put forward by Saul Kripke ‒ or at least usually ascribed to him. This paper discusses a different, and strangely neglected, anti-dispositionalist argument, which (...) develops some remarks first put forward by Paul Boghossian and Anandi Hattiangadi and revolves around the idea that semantic dispositionalists have no way to justify their privileging certain dispositions, the ones they take to be reference-determining, over all the others. After some background (Section 1) and a first presentation of the argument (Section 2), I discuss three ways a dispositionalist might try to answer it and find them all wanting (Section 3). (shrink)

Taking post-traumatic stress disorder (PTSD) as an example, we present a concept for transdisciplinary cooperation between life sciences and humanities. PTSD is defined as a long-term persisting anxiety disorder after severe psychological traumata. Initially recognized in war veterans, PTSD also appears in victims of crime and violence or survivors of natural catastrophes, e.g., earthquakes. We consider PTSD as a prototype topic to realize transdisciplinary projects, because this disease is multifacetted from different points of view. Based on physiological and molecular (...) biological research to understand the causes of this disease, conventional academic medicine (to Western medicine) and pharmacology can offer a panel of drugs for treatment, albeit only with limited success. Hence, other treatment options are indispensable. Chinese medicine is frequently regarded as alternative to complement Western medicine. In fact, Chinese medicine offers a large array of both pharmacological and non-pharmacological treatments for PTSD patients. Narrative therapy represents a non-pharmacological approach combating PTSD both in Western medicine as well as in Chinese medicine to improve quality of life of affected patients. Narratives on traumatic experiences form a new genre of life writing in Asian American literature, whose excitement is considerably fueled by the tension between fictitious and very personal narratives taken from reality. Systematic academic reflections on narratives from PTSD patients in the field of Asian American studies may support the improvement of narrative therapy in medical practice. Chinese medicine has a strong philosophical background and may, therefore, serve as junction between life sciences with their strong rational and reductionistic way to generate new knowledge and more holistic approaches in traditional medicines and humanities. In this regard, Chinese medicine may represent a missing link between life science and life writing. (shrink)

This paper explores the UK’s legal interventions in the arena of forced marriage. Three key initiatives have been considered in the last 5 years: creating a specific crime of forced marriage; civil rather than criminal protection for victims; and an increase in the age of entry for non-EU spouses, with a corresponding increase in age for sponsoring such spouses. Our key focus is on the last of these interventions and we draw upon a research study conducted in the UK (...) in 2006/2007 exploring the risks and benefits associated with increasing the age of sponsorship and entry. The UK government’s argument is that the increased maturity which comes from being older acts as a protective factor, thus making it easier to resist forced marriage. This view of maturity gains its saliency from developmental psychology. Here, we critically analyse the construct of age and the link between age and ability to resist forced marriage. We illustrate through the accounts of victims of forced marriage and of stakeholders the difficulties of adopting age as a central organising feature of protection for potential victims of forced marriage. (shrink)

This book analyses the use of the crucial concept of 'taste' in the works of five major seventeenth-century French authors, Méré, Saint Evremond, La Rochefoucauld, La Bruyère and Boileau. It combines close readings of important texts with a thoroughgoing political analysis of seventeenth-century French society in terms of class and gender. Dr Moriarty shows that far from being timeless and universal, the term 'taste' is culture-specific, shifting according to the needs of a writer and his social group. The notion of (...) 'taste' not only helped to shape a new dominant culture, but also registered the conflicts within that culture between a view of taste that presupposted the values of 'polite society' as an exclusive (though not necessarily aristocratic) group, and a view that stressed the value of the classical-humanist tradition as a source of standards ratified by a broader public. this study sheds light not only on the central concept, but also on the individual authors discussed and on the norms of French classical literature in general. (shrink)

This paper has a threefold purpose: first, to criticize the customary application of Hohfeld’s theory of rights to Hobbes’s juridical/political theory that reduces all Hobbesian rights to Hohfeldian privileges; second, to defend the appropriateness of a proper application of a Hohfeldian analysis of rights to Hobbes’s theory by responding to criticisms offered by Eleanor Curran; and, lastly, to reveal the value a Hohfeldian analysis offers in clarifying a Hobbesian right that has been generally misunderstood in the literature. I argue (...) that a Hohfeldian analysis helps make sense of the complex juridical relationships between the sovereign, the perpetrator of crime, and the victim of crime involved in Hobbes’s treatment of the sovereign’s right to punish. (shrink)

In this article I discuss the nature of crimes against humanity. The various definitions that have been used, or alluded to, in the legal literature are outlined, and it is suggested that they fall neatly into two camps by interpreting ‘humanity’ differently. It is proposed that any theory which adequately captures the nature of this crime must distinguish it qualitatively from other ‘lower’ crimes, and that only members of one camp can do this. I go on to (...) argue for one particular way of treating the crime – regarding it as a crime which hurts all humanity – and recommend adopting a view under which we would regard all humanity as one entity. (shrink)

Despite the police preventing special fraud victimisation of older adults, both the number of cases and the amount of damage have remained high in Japan. ‘Special fraud’, in Japan, is a crime in which victims are tricked by fraudsters who through phone or postcards impersonate the victims’ relatives, employees and other associates, to dupe the victims of their cash or other valuables. The number of recognised cases of special fraud has been turned to increase in 2021. Although (...) police or consumer affairs administrations have been conducting all-encompassing enlightenment or public education for prevention, it is also necessary to reach out to those who are vulnerable to fraud. In this study, we determine the psychosocial characteristics of victims of special fraud in Japanese older adults. We analysed the age, gender, education, residential status, household satisfaction, risk perception and scam vulnerability scale of 56 older adults aged 60 years or older who had been victims of special fraud and 99 older adults aged 60 years or older who had never been victims of special fraud. The study found that the victimised older adults were more likely to be females who live alone and go out less frequently than the non-victimised older adults. The total scores of the scam vulnerability scale were higher among the elderly victims of special fraud compared to those who had never been scammed, suggesting that the psychosocial characteristics of victims of special fraud among older adults are being female, living alone, going out infrequently, having high confidence against fraud victimisation and responding quickly to phone calls and unknown visitors. Therefore, government agencies or family members should take care of older women who meet these characteristics to reduce their contact with fraudsters. (shrink)