The intuition holding that an organized crime leader should be punished more severely than a subordinate who directly commits an offence is commonly reflected in legal literature. However, positing a direct relationship between the severity of punishment and the level of seniority within an organizational hierarchy represents a departure from a more general idea found in much of the substantive criminal law writings: that the severity of punishment increases the closer the proximity to the physical commission of the (...) offence. This paper presents an analysis of the said intuition and attempts to ascertain its roots. Rejecting both retribution and deterrence theory as valid explanations, it will be inferred that the imposition of harsher punishment on organized crime leaders is properly based on the multiplicity of offences for which they are responsible, and not the nature of their involvement in any specific offence. (shrink)

Criminal law doctrine fails to provide an adequate solution for imputing responsibility to organized crime leaders for the offenses committed by their subordinates. This undesirable state of affairs is made possible because criminal organizations adopt complex organizational structures that leave their superiors beyond the reach of the law. These structures are characterized by features such as the isolation of the leadership from junior ranks, decentralized management, and mechanisms encouraging initiative from below. They are found in criminal organizations such (...) as the American Mafia, the Japanese Yakuza, and even outlaw motorcycle gangs. The paper offers a doctrine that may transcend this shortcoming. Referred to as “leaders’ liability,” this doctrine will be assessed and appraised through a comparison with competing theories such as accomplice liability, Organisationsherrschaft , and conspiracy. (shrink)

By comparison with the prevention of terrorism, the prevention of acts of organized crime might be thought easier to conceptualize precisely and less controversial to legislate against and police. This impression is correct up to a point, because it is possible to arrive at some general characteristics of organized crime, and because legislation against it is not obviously bedeviled by the risk of violating civil or political rights, as in the case of terrorism. But there is (...) a significant residue of legal, moral and political difficulty: legislation against organized crime is hard to make effective; the harm of organized crime is not uniform, and so some preventive legislation seems too sweeping and potentially unjust. More fundamentally, the scale and rewards of organized crime are often dependent on mass public participation in markets for proscribed goods, which may point to a hidden public consensus in favour of some of what is criminalized. For all of these reasons, I argue that existing preventive policing and legislation against organized crime may be harder to justify than their counterparts in counter-terrorism, at least in the UK. (shrink)

Tendencies of organized crime in the context of economical crisis are dealt in the article. The author shows his own position about the economical crisis and how it influenced organized crime in Lithuania. The reasons of economical crisis, characteristics and peculiarities of crimes of organized groups, which operate in Lithuania, are discussed in the article. The author reveals specific features, which enable to evaluate the real influence of organized groups to the economical state of (...) Lithuania. (shrink)

The paper shows mechanisms and manifestations of the challenges for the security in the South American Tri-Border Area. It analyses the background of the activity of chosen organized crime and terrorist groups in this region. The article refers to some social and economic conditions for the spread of violence and illegal business in the area. It is focused on the most important dimensions of these problems and on the strategy implemented by South American governments to fight and prevent (...) organized crime. The paper shows how the security forces deal with the threat and evaluate the impact of these efforts. (shrink)

The escalation of violence committed by the Revolutionary Armed Forces of Colombia guerrillas against noncombatant civilians triggered a shift in the theoretical orientation of scholars who study Colombia’s political economy. While previous explanations emphasized the sociopolitical “grievances” underlying guerrilla activities, recent explanations emphasize the “greed” motive, including guerrilla involvement in Colombia’s illegal narcotics trade. In this article, the author posits an alternative explanation using Charles Tilly’s theories of state formation to explain FARC activities in Caquetá, Colombia. Drawing from a longitudinal (...) data set that documents the war making, state making, extraction, and protection activities of the FARC between 1975 and 2007, in addition to historical sociological methods, the author finds that increases in FARC repression stem from the growing militarization and paramilitarization of the region, which pressured the FARC to extract resources from the local population in a way that no longer served that population’s legitimate protection interests. (shrink)

Alan A. Block & Frank R. Scarpitti, Poisoning For Profit: The Mafia and Toxic Waste in America New York: William Morrow & Co., Inc., 1985, 361 pp.

This paper offers a tentative analysis of some problematic "post-totalitarian" elements that can be found in the processes of establishment of the post-Yugoslav nation-states and have their origin in the time before, during, and after the period of wars and collective crimes. "With a little help" from Arendt, it asks questions about some features of the new post-war communities and their nation-states, such as the following: Why are they based on ideologies of non-responsibility for the past and on some very (...) unpleasant features of the newly established "citizenship" and national identity - producing new exclusions and inventing new techniques of tribal nationalist and racist dehumanization within the framework of a new nation-state's "demographic policies? The analysis is paying special attention to the phenomenon described as an "organized innocence syndrome " - while alluding to Arendt's portrayal of German "organized guilt" under the Nazi-regime and elaborating on her notion of responsibility - a problematic "identity" basis for a nascent state, its citizenship and political institutions in general. To illustrate the phenomenon of organized innocence as a conditioning commonality of all the newly established states, special attention is paid to the post-war case of those called the "erased people" in Slovenia.". (shrink)

Fé e crime na “quebrada”: pentecostais e PCC na construção da sociabilidade nas periferias de São Paulo (Faith and crime in the "quebrada": Pentecostalism and PCC in the construction of sociability in the outskirts of São Paulo). DOI: 10.5752/P.2175-5841.2014v12n33p99 Tratamos, neste texto, da convivência em um mesmo ambiente urbano de fenômenos aparentemente díspares como é o caso do pentecostalismo de um lado e, de outro, o crime organizado e a violência como seu modus operandi , ambos representando (...) expressões de sociabilidade e formação identitária nas periferias das metrópoles. Nesse contexto, o conceito de conversão precisa ser revisto dada a sua ineficácia para se compreender os processos sociais experimentados pelas populações dos bairros periféricos. Nesses bairros, ser pentecostal não é necessariamente uma opção de vida que exclui a participação na organização criminosa do Primeiro Comando da Capital - PCC. O artigo está dividido em dois tópicos: no primeiro, fazemos um breve levantamento dos estudos que trabalham com as diferentes formas em que a religião e a violência criam interfaces de contato. No segundo tópico procuramos apresentar nossas observações empíricas de uma comunidade pentecostal da qual faz parte um dos líderes locais do PCC. As conclusões são apontamentos que procuram manter abertas as portas para outras reflexões e dar continuidade à pesquisa mais do que para encerrar o debate. Palavras chaves : Pentecostalismo. PCC. Crime organizado. Conversão.In this paper we look at the coexistence, in the same urban environment, of seemingly disparate phenomena such as Pentecostalism on one side, and on the other the organized crime and violence as its modus operandi , two of the expressions of sociability and identity in the outskirts of the metropolis. In this context the concept of conversion needs to be revised given its ineffectiveness to understanding social and religious processes experienced by the populations of the suburbs. In these neighborhoods, be Pentecostal is not necessarily a lifestyle choice that precludes participation in a criminal organization like the Primeiro Comando da Capital, PCC. The article is divided into two topics: first, we made a brief survey of studies that work with the different ways in which religion and violence make some interfaces. After we tried to present our empirical observations about a Pentecostal community in which a PCC local leader is part of. The notes of the conclusion are looking to keep the doors open to other ideas and to continue the research more than to wind up the debate. Keywords : Pentecostalism. PCC. Organized crime. Conversion. (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 (...) class='Hi'>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)

The answer I offer in this Article is that crimes against humanity assault one particular aspect of human being, namely our character as political animals. We are creatures whose nature compels us to live socially, but who cannot do so without artificial political organization that inevitably poses threats to our well-being, and, at the limit, to our very survival. Crimes against humanity represent the worst of those threats; they are the limiting case of politics gone cancerous. Precisely because we cannot (...) live without politics, we exist under the permanent threat that politics will turn cancerous and the indispensable institutions of organized political life will destroy us. That is why all humankind shares an interest in repressing these crimes. The theory that I aim to defend here consists of two propositions: that "humanity" in the label "crimes against humanity" refers to our nature as political animals, and that these crimes pose a universal threat that all humankind shares an interest in repressing. (shrink)

In 2014, a large archive of hacked nude photos of female celebrities was released on 4chan and organized and discussed primarily on Reddit. This paper explores the ethical implications of this celebrity nude photo leak within a frame of gendered privacy violations. I analyze a selection of a mass capture of 5143 posts and 94,602 comments from /thefappening subreddit, as well as editorials written by female celebrities, feminists, and journalists. Redditors justify the photo leak by arguing the subjects are (...) privileged because they are celebrities; that the celebrities are at fault for failing to appropriately protect their information; and that the only person ethically responsible for the leak is the hacker. The popular press primarily took a feminist perspective, linking the photo leak to institutionalized sexism and misogyny. I argue that the Reddit participants frame the privacy violations within a context of geek masculinity, in which references to masturbation and pornography and casually misogynist language are used to signify a normative masculine self. Privacy violations are de-emphasized when the victims are women and gender or feminist concerns are rejected. Entitlement to viewing women’s bodies and male sexual desire are prioritized over ethical concerns over privacy violations. The paper contributes to understanding how privacy violations are normatively gendered and reinforced by gender inequality. (shrink)

Social scientists from different fields have identified security as a future-oriented mode of governance designed to preserve the social order from diverse types of global risk through international cooperation, militarization and privatization of the state security apparatus, surveillance technologies, community policing, and stigmatization of identities and behaviors deemed dangerous. This literature has largely been limited to English-speaking countries in the Global North, however, that are relatively “secure.”. To understand how security operates in a different context, this article focuses on the (...) current War on Crime in México using newspaper and magazine articles, government documents, and extant academic research. In México, it is argued, the basic elements of security governance (international cooperation, militarized police, surveillance technologies, law, etc.) are present, but in modified form. Rather than focusing on external risks that could develop into future threats, security in México is turned inward against traditional forms of national economic, political, and cultural life thought to produce harm in the present. This, in turn, underscores security’s unique purpose in the country, which is not to preserve the prevailing social order, but to transform an emergent social order that through globalization has come to threaten the state’s legitimacy. These observations suggest an international divide in the operation of security that leaves those most vulnerable in the Global South to bear the greatest costs. (shrink)

The present research paper aims to find out the life patterns of urban beggars' demographic characteristics, socio-economic status and their involvement in criminal activities in Karachi city. A descriptive research design was employed and face to face interviews were conducted in this study. A sample of 140 street beggars, were selected from different public places using a convenience sampling technique. Both quantitative and qualitative methods were utilized for data collection. The key findings of the study show that criminal beggars are (...) organized and have the well-kept house and work in routine as front-line professionals in the city. This study recommends that a comprehensive policy should be implemented to control the begging practice in the city. In this regards a proper advocacy campaign is needed for social mobilization at mass the level. (shrink)

Business ethics should include illicit businesses as targets of investigation. For, though such businesses violate human rights they have been largely ignored by business ethicists. It is time to surmount this indifference in view of recent international efforts to define illicit businesses for regulatory purposes. Standing in the way, however, is a meta-ethical question as to whether any business can be declared unqualifiedly immoral. In support of an affirmative answer I address a number of counter-indications by comparing approaches to (...) class='Hi'>organized crime and to corporate crime, comparing the ethical critique of businesses studied in business ethics and those socially banned, and comparing the business ethics assumption as to businesses’ ethicality to societal ethical neutrality regarding war-related businesses. My conclusion: to help advance respect for human rights, business ethicists should apply their expertise to the task of defining illicit businesses. (shrink)

English abstract: On last day of the year 1999, Russia has entered another era of despotism, that of Vladimir Putin. During his reign, the Putin‘s clan has undermined and infiltrated the mass media, the parliament and the judicial system. Deliberate violation of basic citizen‘s rights, compulsory acquisition of property, government-funded racket, misuse of mass media to scarify and to disinform the peoples belong to the diabolic methods of self-constituted disposers. All this lawlessness has led to exorbitant corruption, mass poverty, economic (...) stagnation, and escalation of crimes. The actual manuscript investigates the roots of Putinism putting the person of Vladimir Putin in the focus of investigation. -/- Russian abstract: В 1999 году, в последний день столетия и тысячелетия, Россия вступила в новую эру деспотизма, эру Владимира Путина. В продолжение его правления, клан Путина коррумпировал и инфильтрировал средства массовой информации, парламент, правовую систему. Умышленное нарушение основных гражданских прав, конфискация собственности, государственный рэкет, злоупотребление средств массовой информации с целью запугивания и дезинформации населения стали дьявольскими методами самоназванных правителей. Всё это привело к безмерной продажности, массовой бедности, экономической стагнации и взрыву преступности. Данный манускрипт исследует корни Путинизма, помещая личность Владимира Путина в центр исследования. (shrink)

The Godfather and Philosophy is comprised of twenty-eight chapters by philosophers, who reflect upon the ethical and metaphysical issues raised in The Godfather novels and movies, beginning with the 1969 novel by Mario Puzo and the 1972 movie by Francis Ford Coppola. The Godfather saga has had a profound impact on American cinema, storytelling, thinking about crime, and popular culture. Aimed at thoughtful fans of The Godfather franchise, among the questions tackled in these provocative philosophical chapters are the immigrant (...) experience in America, the relation between ethics and the law, the nature of moral corruption, private justice and vigilantism, organized crime and the American Dream, betrayal and forgiveness, religion and family values, the difficulties of breaking out of a dysfunctional way of life, and the uncertain consequences of vice laws. Joshua Heter teaches philosophy at Jefferson College, Missouri. He co-edited Punk Rock and Philosophy (2022). Richard Greene teaches philosophy at Weber State University, Utah. He wrote the definitive and highly acclaimed book, Spoiler Alert! (It's a Book about the Philosophy of Spoilers) (2019). (shrink)

This book focuses on the complex phenomenon of group morality and collective responsibility. It provides an analytic understanding of moral culpability of collective entities implicated in some of the most pressing contemporary ethical issues such as institutional injustice, corporate scams, organized crimes, gang wars, group-based violence, genocide, xenophobia, and the like. Delving deeper into the concept of collective responsibility, it asks--Who is responsible when a collective is held responsible? Is collective responsibility merely a façon de parler, a rhetoric of (...) talking about individual moral responsibility, or more than that? The volume develops a non-individualist account by using some of the latest resources from philosophy of action, philosophy of mind, and social ontology. It interprets collective responsibility as the responsibility of a collective without either reducing it to shared and individual responsibility of the group members or making it a case where their moral positions are completely blurred. An important intervention in moral philosophy, this book will be useful for scholars and researchers of moral philosophy, philosophy of action and mind, philosophy of social sciences, and political philosophy. It will also be a theoretical resource for legal theorists, just war theorists, game theorists, business ethicists, and policy makers. (shrink)

This article seeks to explore the relationship between populism, 21st-century socialism, and the emergence of what has been referred to as an ‘ estado delincuente’, in the case of Venezuela. That is, a state structure permeated with transnational organized crime mafias in the executive and the judiciary, in the financial system, the prosecutor’s office, the police, the armed forces, the prison system, state-owned companies, governorships, and city councils, among other state institutions. First, I review conceptual aspects of populism (...) to understand how this served as the basis for creating the postulates of 21st-century socialism, which promoted the institutional destruction of Venezuelan democracy and created the conditions for the unbridled dissemination of state corruption. Second, emblematic cases of white-collar and blood crimes, nepotism and other corrupt activities are discussed to provide an idea of the magnitude of the issues that permeate the state apparatus. To conclude, I provide a critical summary of the consequences of this way of doing politics in contemporary Venezuela. (shrink)

This paper develops two new measures of labor tax avoidance based on social contribution expenses reported in financial statements and tests them and their determinants within a sample of 224 Italian firms defined as legally registered Mafia firms due to having been confiscated at some point by judicial authorities, in relation to alleged connections with Italian organized crime. Overall, our results reveal that before confiscation LMFs engage more in LTAV than lawful firms do, whereas after confiscation there is (...) no significant difference between both types of firm. Furthermore, we find that several factors have a significant influence on the probability of engaging in such a practice. This study can enhance further research on the effectiveness of our measures and on the determinants of LTAV in other contexts and for other types of firms. Moreover, these measures can be added to the other direct and indirect methods commonly employed to measure and detect undeclared work representing a primary means of LTAV. Finally, our study allows inferring conclusions on the relation between corporate social responsibility and tax avoidance, suggesting that socially irresponsible firms, such as LMFs, are more likely to adopt this practice. (shrink)

A former Prime Minister of Israel is alleged to have said that her country would never ascend to the status of authentic statehood until it possessed certain well-known social attributes — organized crime, prostitution, and corruption. These features, while obviously undesirable, were she felt, reliable indices of societal maturation. This anecdote is suggestive in understanding current events pertaining to the field of applied ethics.Philosophers have produced a massive body of opinion and argument on a diverse range of subjects (...) under the rubric of applied ethics. Moreover, they have assumed positions on various panels, commissions, governmental bodies and committees in the hope of making an informed contribution to the formulation of institutional and public policy. These accomplishments have begun to elicit the kinds of attributes commonly associated with philosophical maturation — exposées, debunkings, refutations, and ideologically informed critiques. (shrink)

A former Prime Minister of Israel is alleged to have said that her country would never ascend to the status of authentic statehood until it possessed certain well-known social attributes — organized crime, prostitution, and corruption. These features, while obviously undesirable, were she felt, reliable indices of societal maturation. This anecdote is suggestive in understanding current events pertaining to the field of applied ethics.Philosophers have produced a massive body of opinion and argument on a diverse range of subjects (...) under the rubric of applied ethics. Moreover, they have assumed positions on various panels, commissions, governmental bodies and committees in the hope of making an informed contribution to the formulation of institutional and public policy. These accomplishments have begun to elicit the kinds of attributes commonly associated with philosophical maturation — exposées, debunkings, refutations, and ideologically informed critiques. (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)

The contributions in the book examine the historical and contemporary manifestations of organized crime, the symbiotic relationship between legitimate and ...

Human trafficking for organ removal (HTOR) should not be reduced to a problem of supply and demand of organs for transplantation, a problem of organized crime and criminal justice, or a problem of voiceless, abandoned victims. Rather, HTOR is at once an egregious human rights abuse and a form of human trafficking. As such, it demands a human-rights based approach in analysis and response to this problem, placing the victim at the center of initiatives to combat this phenomenon. (...) Such an approach requires us to consider how various measures impact or disregard victims/potential victims of HTOR and gives us tools to better advocate their interests, rights and freedoms. (shrink)

More than a decade has passed since the tragic events that took place in America in the dramatic day of September 9th 2001. For the first time since the end of the second World War, the United States were being attacked on their own territory, without prior notice, by a non-state military force which was globally organised, for religious and ideological reasons. The terrorist attacks planned and executed by the terrorist organisation Al-Qaeda on American military and civilian targets have reconfigured (...) the international security environment. The author remarks that the security of the European continent is inextricably linked to what happens outside its external borders. Transnational organized crime, illegal human trafficking, illegal migration, traffic of drug, weapons, ammunition and portable vectors, the proliferation of illegal trade of radioactive and other "sensible" technologies, the expansion of terrorist networks – they all represent threats to the Eastern border of Romania and concern the security of the EU Eastern neighbourhood. (shrink)

Based on personal experience, interviews, and numerous anecdotal evidence documented in the press, this paper analyzes current practices and focuses on future challenges of business development in Ukraine. In particular, the most recent developments in evolution of business relations and ethics are studied. Business ethics practices are viewed within the current political, economic, and social context. A unique combination of three factors: old communist mentality, new "mafia-style" capitalism, and Ukrainian nationalism have created a situation where applying internationally accepted ethical concepts (...) may not lead to success. The new entrepreneurial spirit and privatization windfalls against the background of cronyism, bureaucracy, and organized crime have produced the new rules of doing business. Business ethics reflect a peculiar combination of the above factors and make them difficult for the outsider to comprehend. (shrink)

This article presents some considerations about Brazil's current social and political context by emphasizing a perspective that takes into account the importance of urban peripheries in the country's social life. I consider the presence and influence of evangelical Christianity – in demographic, cultural, and political ascension – as well as new patterns of sociability constituted and disseminated from the social dynamic that stem from the violent conflicts between police and military forces and factions of organized crime as indispensable (...) explanatory vectors to understand the country's contemporary social reality. I read these vectors from the point of view of my ethnographic as a teacher in the Complexo do Chapadão, in the periphery of Rio de Janeiro. (shrink)

Trafficking for Sexual Exploitation (TFSE) is a historical phenomenon, connected to the social and sexual organization of labour. It survives because a part of the population is considered a lucrative commodity, in a global business operation that causes millions of victims worldwide nowadays. The protection of the fundamental rights of victims is not considered top priority by States, compared to the priorization given to irregular migration and organized crime control. Thus, this situation supposes a disregard of human trafficking (...) as a violation of Human Rights. This approach transcends TFSE and argues that the violations of Human Rights implicit in human trafficking are linked to the sexual division of labour, differentially affecting men and women. Furthermore, TFSE is already formally recognized as a form of gender violence. Women around the world are in socially inequality positions that are conducive to the risk of being trafficked, especially for sexual exploitation. This paper deals with a contextualized reflection on the case of Spain, as a border-territory of the European Union. (shrink)

Resumen El presente artículo realiza un análisis de los apoyos otorgados por los cárteles de narcotráfico en México, desde la lectura del aparato crítico de Slavoj Žižek, quien sienta las bases para la interpretación de la ayuda humanitaria como un acto violento. Por lo que, el siguiente texto abarca desde la filosofía Žižekianay el psicoanálisis lacaniano, el fenómeno de la violencia ejercida por la figura del comunista liberal, en un comparativo con el crimen organizado mexicano, intentando desentrañar la estructura básica (...) de la dinámica social que impera en la ayuda humanitaria. Así mismo se define la violencia en general y algunas de sus manifestaciones en la sociedad; estableciendo los elementos esenciales de una ideología, distinguiéndola como una herramienta adecuada para el análisis social, esperado así, resolver cómo se constituye en realidad. Palabras clave: Violencia, sistémica, ayuda humanitaria, goce, realidad.This article presents the analysis of the aid provided by drug trafficking cartels in Mexico. It arises from a critical reading of Slavoj Žižek’s work regarding violence and ideology which lays the foundation for the interpretation of humanitarian aid as a violent act. Hence, the coverage of the article from Žižekian philosophy and Lacanian psychoanalysis, the phenomenon of violence exerted by the figure of the liberal communist, in comparison to Mexican organized crime, trying to unravel the basic structure of social dynamics which prevail in humanitarian aid. Likewise, violence in general and some of its manifestations in society are defined; establishing the essential elements of an ideology, distinguishing it as a suitable tool for social analysis, thus expected, solving how it is actually constituted. Key words: Violence, systemic, humanitarian aid, enjoyment, reality. (shrink)

The natural experiments of history present an opportunity to test Hobbes' view of government and law as the wellspring of social order. Groups have found themselves in a wide variety of situations in which no governmental law existed, from shipwrecks to gold mining camps to failed states. Yet the wide variety of situations show common patterns among the groups in their responses to their often difficult circumstances. Rather than survival of the fittest, a more common reaction is social cooperation and (...) a commitment to fairness and justice, although both can be subverted in certain predictable ways. The absent-law situations also illustrate the dependence of social order and cooperation on a group's commitment to justice. The insights from the absent-law situations have implication for several modern criminal justice issues, including the appropriate distributive principle for criminal liability and punishment, restorative justice programs, the movement to promote non-incarcerative sanctions, transitional justice and truth commissions, the use-of-force rules under international law, the procedures for fairness in criminal adjudication, and crime-control policies in fighting organized crime and terrorism. (shrink)

In March 2008, the German Federal Constitutional Court (GFCC) has passed an important, even though preliminary, decision concerning data retention. The GFCC’s decision accepts the storage of data, but greatly restricts their use to serious offenses like murder and organized crime. From an ethical point of view, it is particularly interesting to look at the justification given by the GFCC, which relies heavily on the argument that the “impartiality” (Unbefangenheit) of communication will be thoroughly damaged if feelings of (...) being watched spread in a society. This argument is examined in view of two contrasting theoretical approaches: Discourse ethics and evolutionary contractarian theory. (shrink)

This article examines two spheres of global governance in which the World Health Organization (WHO) has sought to exercise international leadership — combating “counterfeit” medicines and illicit trade in tobacco products. Medicines and tobacco products lie at polar opposite ends of the health spectrum, and are regulated for vastly different reasons and through different tools and approaches. Nevertheless, attempts to govern counterfeit trade in each of these products raise a host of somewhat similar challenges, involving normative and operational conflicts that (...) cut across the crowded intersection of health protection and promotion, intellectual property protection, and activity to combat transnational organized crime. As negotiations of an illicit trade protocol to the WHO Framework Convention on Tobacco Control enter their final stages, lessons learned from counterfeit medicines governance need to be applied to ensure that the most appropriate governance arrangements are adopted. (shrink)

[Eve] Sedgwick examines from an explicitly feminist, implicitly Marxist perspective the relation of homosexuality to more general social bonds between members of the same sex . She argues that the similarity between homosocial desire and homosexuality lies at the root of much homophobia. Moreover, she sees this tension as misogynist to the extent that battles fought over patriarchy within the homosocial world automatically exclude women from that patriarchal power. Thus she places homosexuality and its attendant homophobia within a wider dynamic (...) of social relationships.1Yet even as Sedgwick invents a more sophisticated definition of “homophobia,” she may permit misreading of a more elementary sort. Her use of vocabulary is troubling. In a slangy prose that regularly juxtaposes James Hogg and Louis Lepke, Tennyson and Howard Keel, references to the “campiness” of Thackeray’s “bitchy” bachelors or the “feminized” cuckolds of Wycherley’s The Country Wife seem tame enough. Yet there is a political difference between the jokes. One can burlesque fifties musicals or organized crime with impunity; to refer to sexually embattled men with feminine adjectives, however, is to reinforce a sexual stereotype that sees in the supposed effeminacy of homosexuals a sign of their deviance. Nor are women empowered when terms of female degradation like “bitch” are turned back against men: the ironic reversal does not challenge the terms’ validity but reaffirms it, showing they have an even wider range of applicability than had been thought. 1. Throughout my analysis, I use “homosexual” and “gay” exclusively in reference to male sexuality. I do so in part to echo Sedgwick’s emphasis and in part because the logic of my own argument does not empower me to speak on female homosexuality. David Van Leer is associate professor of English and American literature at the University of California, Davis. He is the author of Emerson’s Epistemology: The Argument of the Essays and articles on American literature and popular culture. (shrink)

Recent decades have seen an unprecedented proliferation of surveillance programs by government agencies. This development has been driven both by technological progress, which has made large scale surveillance operations relatively cheap and easy, and by the threat of terrorism, organized crime and pandemics, which supplies a ready justification for surveillance. For a long time, mass surveillance programs have been associated with autocratic regimes, most notoriously with the German Democratic Republic and the Stasi, its secret police. A more recent (...) case in point is the efforts of the People’s Republic of China to set up a comprehensive surveillance system that assigns citizens a score reflecting their social and political conformity. But the current rise of state mass surveillance is mostly attributable to the new readiness of liberal democracies to monitor their populations. The vast surveillance system uncovered by whistleblower Edward Snowden is maintained and supported by a group of established liberal democracies, including the United States, the United Kingdom, Canada, and many others. While surveillance programs of authoritarian regimes, installed to monitor and quash political dissidents, are uncontroversially unjust, surveillance operations carried out by liberal democracies possess at least some prima facie legitimacy. They are set up with the stated objective of protecting citizens against terrorism, organized crime and pandemics, which few would deny is the duty of any state. Still, the expansion of large-scale surveillance by democratic governments has widely been perceived as objectionable or at least problematic on account of its harmful effects on both individuals and liberal society at large. (shrink)

In organ transplantation, the demand for human organs has grown far faster than the supply of organs. This has opened the door for illegal organ trade and trafficking including from children. Organized crime groups and individual organ brokers exploit the situation and, as a result, black markets are becoming more numerous and organized organ trafficking is expanding worldwide. While underprivileged and vulnerable men and women in developing countries are a major source of trafficked organs, and may themselves (...) be trafficked for the purpose of illegal organ removal and trade, children are at especial risk of exploitation. With the confirmed cases of children being trafficked for their organs, child organ trafficking, which once called a “modern urban legend”, is a sad reality in today’s world. By presenting a global picture of child organ trafficking, this paper emphasizes that child organ trafficking is no longer a myth but a reality which has to be addressed. It argues that the international efforts against organ trafficking and trafficking in human beings for organ removal have failed to address child organ trafficking adequately. This chapter suggests that more orchestrated international collaboration as well as development of preventive measure and legally binding documents are needed to fight child organ trafficking and to support its victims. (shrink)

A much‐debated series of articles in the New England Journal of Medicine in May 2015 labeled the pharmaceutical industry's critics “pharmascolds.” Having followed the debate for two decades, I count myself among the scolds. The weight of the evidence overwhelmingly supports the claim that pharmaceutical policy no longer serves the public interest; the central questions now are how this happened and what to do about it. I approached three of the most recent books on the industry with these questions in (...) mind. Deadly Medicine and Organized Crime (CRC Press, 2013), by Peter Gøtzsche, Bad Pharma (Faber & Faber, 2013), by Ben Goldacre, and Good Pharma (Palgrave MacMillan, 2015), by Donald Light and Antonio Maturo, all situate their critical assessments in high‐income countries globally, depicting the problem of pharmaceuticals as too many drugs approved with too little evidence, causing too many needless deaths, and prices spiraling to heights unimaginable just a decade ago. Light and Maturo, while no less critical of the status quo than Gøtzsche and Goldacre, take a different tack: they detail the success of an alternative model for pharmaceutical research, the Mario Negri Institute in Italy, citing it as proof positive that we can indeed defy capitalism's profit imperative. (shrink)

In the last decade, the financial underground markets evolved in a surprisingly way, around the world. Eastern Europe is a significant region, where illegal activities associated with the shadow economy became a real problem that affects the governments stability, the economical, political and social status. Due to the influence of old regimes and the current tolerance of the Eastern European nations, this underground corridors emphasize the risk of interfering with the financing platforms of international terrorism or organized crime.

This paper unravels the diverse strands in the manifestations of the Prevention of Terrorism Act (POTA, 2002), focusing not only on law’s words, i.e. the rules, principles and procedures, and its interpretations in judgments, but also on its effects. Adopting the violence of jurisprudence approach, it eschews the dichotomy between law and violence, examining the ‘effects of legal force’, in particular, the ways in which law becomes an integral part of the organization of state violence. Through an examination of the (...) unfolding of POTA and laws dealing with ‘organized crime’ and ‘unlawful activities’ (Unlawful Activities Prevention Act, 1967, 2005), the trajectory of specific cases and judgments by Trial Courts, the High Courts and the Supreme Court, this paper shows how through an interlocking of the ordinary and extraordinary, anti-terror laws erode both the procedural and substantive aspects of the rule of law, become the terrain where permutations in alliance politics and configuration of power are played out, and assume an antagonistic notion of politics which seeks resolution through the elimination and externalization of difference. Extraordinary laws, it argues, are manifestations of a politics of negation. Processes that prolong the lives of such laws, and procedural interlocking and intermeshing that seek to give them permanence, are symptomatic of a deepening of the politics of negation. (shrink)

SECCIÓN PRIMERAMétodo, Historia, FundamentosCAPÍTULO I. Un ejemplo literario de Derecho penal del enemigoI. El capítulo cervantino de los galeotes como fundamento epistemológicodel Derecho penal del enemigoII. Las enseñanzas penales del pasaje cervantino.