In this article I analyse the extent to which there has been a shift in the cultural turn in legal scholarship and specifically from visual to what I call material jurisprudence, that is from visual to material ways of knowing law. I do so through an analysis of Desmond Manderson’s edited collection, Law and the Visual: Representations, Technologies, Critique, and Katherine Biber’s monograph, In Crime’s Archive: The Cultural Afterlife of Evidence. Inspired by the material turn in the arts and (...) humanities I apply a material lens as defined by historians of emotions working within this turn to these books. Using this lens, I analyse the extent to which the authors conceptualise and analyse their primary sources in material terms. In so doing it is my intention to encourage scholars of visual jurisprudence to consider the multisensorial nature of law by considering the material as a constitutive part or instead of the visual as has happened elsewhere in the arts, humanities and social sciences, as well as to do so with greater specificity and depth. (shrink)

Johns and Johnson analyze the invasion of Panama in order to explore the ways in which the War on Drugs has been used as an ideological justification for a projection of U.S. state power into Latin America. They characterize the Bush Administration's reasons for the invasion as cynical ideological rhetoric which covered up strategic interests the United States had in deposing Noriega and replacing him with a more cooperative regime. The authors particularly discuss the role of media coverage, including the (...) demonization of Noriega and the immediate adoption by the corporate media of the name Operation Just Cause, in legitimating the invasion and transforming it in popular ideology as a law enforcement operation. Finally, they examine the aftermath of the invasion in the United States--Bush's popularity ratings, the distortion of civilian casualty information, the macho celebration of the war--and in Panama--the destruction of the labor and independence movements, the puppet Endara government, and the increased drug trafficking through Panama. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.1 (2003) 1-20 [Access article in PDF] Crime, Compassion, and The Reader John E. MacKinnon IN "WRITING AFTER AUSCHWITZ," Günter Grass describes how at the age of seventeen he stubbornly refused to believe the evidence arrayed before him and his classmates of Nazi atrocities, the photographs showing piles of eyeglasses, shoes, hair, and bones. "Germans never could have done, never did do a thing like (...) that," he recalls thinking. And "when the Never collapsed," he and other young Germans were assured that they were free of responsibility. "It took several more years," Grass reports, "before I began to realize: This will not go away; our shame cannot be repressed or come to terms with." Later, he confesses that those of his age "belonged to the Auschwitz generation—not as criminals, to be sure, but in the camp of the criminals." 1Although one would be hard-pressed to find a novel more dramatically different in style and narrative development than Grass's own dark, audacious fables, Bernhard Schlink's The Reader 2 nonetheless shares this fascination with the notion of collective guilt, in particular the burden of inheritance endured by Germany's "second generation." Set in a university town in the late 1950s, the novel tells the story of a high school student, Michael Berg, who falls in love with Hanna Schmitz, a woman twenty years his senior. Though capable of genuine concern and deep affection, Hanna is oddly secretive, often brusque and officious, occasionally given to cruelty and sarcasm, and prone to unpredictable fits of pique. She also has an endearing quirk: she likes Michael to read to her. Eventually, and without explanation, she vanishes from Michael's life. It is seven years before he sees her again, when, as a law student, he attends a trial of concentration-camp guards, one of whom is Hanna. She stands accused, along with four other [End Page 1] women, of serving at both Auschwitz and a satellite camp near Cracow, of being actively involved in the selection of prisoners for almost certain death, and of locking several hundred women in a church, where they burned to death during a bombing raid.In light of testimony given at trial, Hanna's puzzling conduct, and his own recollections of their time together, it finally dawns on Michael that Hanna cannot read, that she was and remains illiterate. But while in retrospect this may explain certain episodes of frustration, incomprehension, and overreaction on her part, does it have any bearing on her guilt? What would Michael himself have done if similarly situated, and similarly limited? Thus, the story of Michael and Hanna serves as an allegory of the relation between the two generations of Germans, those who were Nazis, or who at least assisted or accommodated them, and the "lucky late-born." It is against this background that Schlink is able most searchingly to investigate questions of complicity, recrimination, and atonement.As much courtroom drama as rite-of-passage tale, The Reader is also something of a philosophical investigation. According to Eva Hoffman, in fact, Schlink has managed to compose "a fictionalized essay... a kind of philosophical parable." For all the briskly evocative prose, she adds, The Reader "gradually acquires some of the severity of a legal or logical argument, in which propositions are set forth and then tested from various points of view." 3 In a recent article, Jeremiah P. Conway offers a sympathetic interpretation of the novel, attending in particular to the philosophical issues that it raises. Conway challenges Martha Nussbaum's claim that it is logically incoherent for us to feel compassion for one whom we hold responsible for a morally reprehensible act. 4 For in Hanna, he suggests, we have a compelling counterexample, a fit object of our compassion no less than our condemnation. And yet, Conway's challenge is grounded in an even more fundamental denial that The Reader is at all concerned to establish the circumstances of Hanna's life as mitigating her crime.In what follows, I will argue that this interpretation is untenable... (shrink)

Criminal violence is one of the most pressing problems in Latin America and the Caribbean, with profound political consequences. Its effects on social policy preferences, however, remain largely unexplored. This article argues that to understand such effects it is crucial to analyze victimization experiences and perceptions of insecurity as separate phenomena with distinct attitudinal consequences. Heightened perceptions of insecurity are associated with a reduced demand for public welfare provision, as such perceptions reflect a sense of the state’s failure to provide (...) public security. At the same time, acknowledging the mounting costs and needs that direct experience with crime entails, victimization is expected to increase support for social policies, particularly for health services. Survey data from twenty-four Latin American and Caribbean countries for the period 2008–12 show that perceptions of insecurity indeed reduce support for the state’s role in welfare provision, whereas crime victimization strongly increases such preferences. (shrink)

Gareth Palmer _Discipline and Liberty: Television and Governance_ Manchester, England: Manchester University Press, 2003 ISBN 0719066921 204 pp.

The Journal of Aesthetics and Art Criticism, Volume 78, Issue 1, Page 120-123, Winter 2020.

ABSTRACT Chemsex is a phenomenon in which typically gay, bisexual, trans, queer, and/or related communities of men take psychoactive drugs while having sex, often without a condom. The practice can lead to increased rates of HIV transmission, sexual assault, and in extreme cases murder. GBTQ+ men are already a stigmatised group so those who engage in chemsex face multiple stigmas. This study examines the ways that two types of media report on chemsex while negotiating these stigmas. We take a large (...) data set of newspaper articles written for the general British public and a smaller data set of magazines aimed at GBTQ+ men to examine how chemsex is represented in the media. We find that the mainstream press focus on extreme criminal cases involving chemsex, while the media aimed at GBTQ+ men focus on counselling services and discuss chemsex in relation to gay culture. Chemsex is unlikely to go away, and so we address how information about it is conveyed in different media and call for more research in this area. (shrink)

Underpinned by the polemical idea that governments have redefined their role as a penal actor that prioritizes the practices of repressing, punishing, and confining people (instead of tackling the very complex root causes), this study scrutinizes how the press discursively collaborates with the State in ‘governing through crime’ (Simon, J. (2007). Governing through crime: How the war on crime transformed American democracy and created a culture of fear. Oxford University Press.). Drawing upon a corpus of (...) Thai newspapers, the study analyzes representational choices and identifies polarizing strategies in execution reports that serve to legitimize and neutralize the harshness of executions. The findings reveal that state-inflicted violence is mystified and downplayed by agent suppression and non-aggressive, judicially administered material processes. In contrast, executed individuals are dehumanized and their agency in sensational material processes foregrounded, which in turn constructs ideal victims. It is argued that this exaggerated, at times disturbing, dichotomy between ‘us’ and ‘them’ serves to project an image of the State as the champion of citizens’ and victims’ interests. A shift from the use of fault-assigning and consequence-imposing discourses to more holistic ones that attend to offenders’ and victims’ commonalitiesshould be adopted. (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)

This article reconstructs the printing history of Hugo Grotius's Mare liberum . It examines the political circumstances which prompted the pamphlet's publication, but then seemed to conspire against it, and relates these to Grotius's revision of chapter 12 of Ms. BPL 917 in Leiden University Library, the one surviving copy of De iure praedae . While preparing chapter 12 for the press, he made a serious effort to tone down its bellicose rhetoric, erasing, for example, all references to the (...) Spanish claims to the Americas. His aim was to placate the French envoy Pierre Jeannin and his own political patron Johan van Oldenbarnevelt, the driving forces behind the negotiations for the Twelve Years' Truce . In the context of these negotiations, Grotius was at pains to downplay his radical rights theories. The subjective right of punishment only received a mention in the conclusion of Mare liberum, for example. Yet a discarded outline for the pamphlet's preface shows that the argument of De iure praedae remained uppermost in his mind, witness the outline's denunciation of the 'poisonings, perfidy and crimes of the Portuguese'. Both De iure praedae and Mare liberum had been commissioned by the Dutch East India Company for the express purpose of influencing political developments in its favour. Yet neither treatise had the impact originally intended by Grotius and the VOC directors. Ironically, these occasional writings became classics of international law instead. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Compassionate Justice: An Interdisciplinary Dialogue with Two Gospel Parables on Law, Crime, and Restorative Justice by Christopher D. MarshallGlen StassenCompassionate Justice: An Interdisciplinary Dialogue with Two Gospel Parables on Law, Crime, and Restorative Justice CHRISTOPHER D. MARSHALL Eugene, OR: Cascade Books, 2012. 386 pp. $33.60Christopher Marshall is known to Society of Christian Ethics members for his highly acclaimed book on restorative justice, Beyond Retribution, and for (...) his plenary address at the SCE annual meeting published in the JSCE 27, no. 2 (2007). The plenary address forms one chapter of the present Compassionate Justice. Well [End Page 221] informed on ethics, criminal justice, and human rights, Marshall is a New Testament scholar at Victoria University in New Zealand.Marshall points out that the two best-known of Jesus’s parables—the Compassionate Samaritan, and the Prodigal Son—have been the most influential of Jesus’s parables in Western culture and legal theory. The Compassionate Samaritan is Jesus’s response to a lawyer’s question that answers a central legal question of the time: Who is my neighbor, whom I am obligated by Leviticus 19:7 to love as myself? In the Prodigal Son, the three main characters in legal offense are clearly portrayed as the offender, the victim, and the law-abiding community; in turn, as Marshall points out, “the older brother’s reaction centers directly on the justice of his father’s actions” (192–93). Marshall argues that present legal theory can learn from careful dialogue with these two parables. These parables are not only historically influential but also so insightfully and beautifully crafted that dialogue with them can bring incisive insights. In addition, dialogue with them presses Anglo-Saxon liberalism where it is weak and needs to grow.The parable of the Compassionate Samaritan opens up questions about the need for Good Samaritan laws that defend persons who come to the aid of a person in danger of death (e.g., from an accident, fire, or drowning) against liability for inadvertently and unintentionally causing damage. Under present Anglo-Saxon law, such good Samaritans can be sued for damages. This is not the case, however, in most European countries. Similarly, most European and Latin American countries have bad Samaritan laws: Where “victims are in mortal danger and unable to save themselves,” there is a legal duty for “those who are consciously aware of the victim’s predicament, who are close enough to intervene, and who have the effective means of intervention available to them” to come to the aid of the victims. “The most glaring exception to this pattern,” Marshall argues, “occurs in Anglo-American legal systems” because of liberalism’s maximization of individual liberty even against coercion to come to the aid of persons who would die if no help arrives (155). Samaritan laws “give formal expression to the supreme value of human life, to the bonds of solidarity and empathy that comprise human identity and that bind people together in social community, and to ongoing need human beings have to be committed to one another’s rescue and restoration when severe harm befalls them” (174).Responding to the parable of the Prodigal Son, Marshall argues that both compassion and repentance are crucial for understanding the humanity and the sufferings of persons being defended or judged by law. This does not replace the standard tools of legal interpretation; it takes account of the more holistic context (288–90). In fact, “unreflective compassion can be dangerous and distorting” (296). Marshall discusses the complications insightfully and in a balanced [End Page 222] way. He concludes with an extensive discussion and refutation of perhaps the most important book-length criticism of restorative justice.Marshall’s interpretation of these two parables surpasses any other that I have read. His sensitive and thoughtful analysis of the experience of victimization goes beyond any other interpretation of the Compassionate Samaritan that I have seen. In this he resembles Daniel Philpott’s interpretation of victimization in Just and Unjust Peace (Oxford University Press, 2012). His description of the shameful rupture of relationship with father, family, and community by the prodigal son goes well beyond what I have seen previously. I think... (shrink)

Leo Katz, Bad Acts and Guilty Minds: Conundrums of the Criminal Law Chicago and London: The University of Chicago Press, 1987, vii + 343 pp.

In 2000, the world of anthropology was rocked by a high-profile debate over the fieldwork performed by two prominent anthropologists, Napoleon Chagnon and James V. Neel, among the Yanamamo tribe of South America. The controversy was fueled by the publication of Patrick Tierney's incendiary Darkness in El Dorado which accused Chagnon of not only misinterpreting but actually inciting some of the violence he perceived among these "fierce people". Tierney also pointed the finger at Neel as the unwitting agent of a (...) deadly measles outbreak. Attracting a firestorm of attention, Tierney's book went straight to the heart of anthropology's most pressing questions: What are the right ways to study a tribal people? How can scientists avoid unduly influencing those among whom they live? What guidelines should govern the interactions - economic, social, medical, and sexual - between a scientist in the field and the people being studied? This volume represents anthropology's thoughtful, measured reply to the issues raised by this heated controversy. Placing the dispute within the context of ongoing debates over the ethics of biomedical research among human populations, the contributors to this volume discuss how the interaction between investigators and their subjects can most sensibly be governed. They consider the responsibility of the media in disseminating anti-scientific and pseudo-scientific views, and how scientists might best educate journalists to enable them to effectively educate others. In the wake of what was widely construed as a major scientific scandal, this landmark volume lays out in detail the principles and ground rules of anthropological and scientific fieldwork. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Meaning of Meat and the Structure of the Odyssey by Egbert J. BakkerSusan A. CurryEgbert J. Bakker. The Meaning of Meat and the Structure of the Odyssey. Cambridge: Cambridge University Press, 2013. xiv + 191 pp. Cloth, $90.Meat-eating in the Odyssey is a risky business. Inextricably intertwined with song itself in the context of the aristocratic feast, meat-eating in excess becomes a weapon of the Suitors (...) in Ithaca as part of a three-year effort “literally to eat Odysseus’ house to ruin” (xi). In the “Otherworld” through which Odysseus and his Companions venture, meat and meat-eating are further problematized: there is too much or not enough of it; what they come across is forbidden; one may become meat oneself, filling the belly of another.This book traces the theme of meat in the Odyssey through a series of case studies that reveal a web of associations between Odysseus’ account of his adventures in the Otherworld and the poet’s account of events in Ithaca. Using a variety of approaches (narratological, folkloric, anthropological, philological), Bakker investigates the numerous “paradigmatic relationships” existing between the “matrix narrative” of the Odyssey, the aoide\, and the epos, the “embedded utterance” or part of the poem narrated by Odysseus himself (3). The theme of meat also allows Bakker to bring the related topics of dining and hospitality, sacrifice and hunting to bear on his exploration of the interconnections, thematic and linguistic, of the aoide\ and the epos. Although this book is weakest where Bakker roams farthest from meat, it nevertheless contains some choice cuts. In particular, he provides fascinating analyses of the Cyclops and Circe episodes and of hunting in the Otherworld (chaps. 4 and 5).We must begin with the “Epilogue: On ‘Interformularity,’” because, for passionate advocates of a particular school of thought on the composition of Homeric poetry, understanding Bakker’s approach to repetitions and allusions within the Odyssey is a prerequisite for accepting the claims he makes throughout the preceding chapters. Bakker favors an approach to the Homeric poems that involves the integration of intertextuality and orality, which he terms “interformularity.” Rather than randomly repeated traditional formulas, Bakker suggests that the repetitions and allusions within the Homeric poems are the result of “a poet’s judgment as to the (degree of) similarity between two contexts” (159). In other words, Bakker argues for meaningful repetition. Situations and similarity of situations determine the appropriate utterance; when similar situations evoke the same utterance or the same utterance gives rise to a similar situation, the language of the utterance becomes formulaic. [End Page 485]Because each of Bakker’s chapters is, for the most part, a separate case study, each will find its own audience beyond Homeric scholars generally. The first chapter, “Epos and Aoide\,” and the second, “Nostos as Quest,” will appeal to fans of intertextuality and folklore motifs, respectively. In the first chapter, Bakker defines and describes, as noted above, the epos and aoide\ of the Odyssey and makes two crucial points regarding the relationship between these on which much of his overall argument depends: first, epic is itself a ravening genre insatiable in its swallowing up of so-called “minor” genres; and, thus, second, the epos does not occupy a secondary position vis-à-vis the aoide\, but “competes with its ‘container,’ shaping the narrative tension within the Odyssey” (3).The second chapter is concerned more with structure than with meat. Bakker, following Anna Bonifazi (“Inquiring into Nostos and its Cognates,” AJP 130.4 [2009]:481–510), extends the definition of nostos to include the idea of survival as well as homecoming. He also discusses the role of quest as “an essential and versatile narrative building-block” (20) and adjusts Vladimir Propp’s quest sequence to accommodate the narrative of Odysseus’ wanderings. Most importantly, this chapter lays the groundwork for the two most significant contributions of Bakker’s study: first, the “Wanderings provide essential exemplars for the crimes committed in Odysseus’ house in his absence”; and second, meat is “a catalyst of crime and transgression” throughout the Odyssey (35).Although more focused on meat, meat-eating, dining, and cattle culture in Homeric society, “Meat in... (shrink)

One recent shift in the ever-expanding crackdown on migration and implementation of a hostile environment for migrants in the EU has been the criminalization of migrant solidarity. Using various legal tools, EU governments have been trying to hinder solidarity actions from civil society. In particular, a narrative depicting civilians helping migrants as criminals has been elaborated by European organizations and strengthened by far-right groups and dominant press outlets. In reaction, a counter-narrative has been constructed and spread by pro-migrant groups (...) and liberal media, which presents criminalized activists as criminalized heroes and their actions as humanitarian. Based on a critical discourse analysis of academic texts, press articles, and empirical research with pro-migrant activists, this article examines two criminal figures from the civilian search and rescue field: the “activist associated with smugglers” and its counterpart, the “criminalized hero.” Through the lens of figuration of crime and social justice, the article brings a new understanding of the de- and repoliticization processes that occur in the field of humanitarian help and migration. By analyzing these two figures, the paper also contributes to a better understanding of the competing moral orders underpinning criminal and social justice claims in the field of solidarity toward migrants. On the one hand, the figure of the activist associated with smuggler is part of a criminal justice narrative depicting migration as a threat to political, social, and economic stability. On the other hand, the criminalized hero figure includes a counter-narrative to this moral order based on the defense of a social justice frame of solidarity and the protection of human rights. Within the pro-migrant activist’s scene, the criminalized hero and its social justice frame are criticized for reproducing racist and post-colonial practices of humanitarianism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Crises of Memory and the Second World WarPatrick HenryCrises of Memory and the Second World War, by Susan Rubin Suleiman; x & 286 pp. Cambridge: Harvard University Press, 2006. $29.95.This excellent study deals widely and deeply with the crises of memory and World War II but generally focuses on France, Vichy and the Holocaust. The author defines a crisis of memory as "a moment of choice and (...) sometimes of predicament or conflict, about remembrance of the past, whether by individuals or by groups" (p. 1). In the crises of memory she examines, "individual self-representation overlaps with... collective self-representation" in such a way that individual remembrance takes on collective significance. In nine rich chapters of textual analysis of mostly self-consciously literary texts, Suleiman deftly analyzes writers from the left and the right, two films of tremendous import, the nature of Holocaust memoirs, experimental writing and the concepts of trauma, amnesia, amnesty, testimony and forgiveness.In the first three chapters, Suleiman studies French memories of the Occupation, the collaborationist Vichy regime and the Resistance from 1945 to the present. These chapters depict the relations between history and memory and highlight the intriguing process of the evolution of public remembrance. Chapter one, "Choosing Our Past," surprises even the most careful reader of Jean-Paul Sartre's plays and novels, for it demonstrates brilliantly that, in several of his very early post-Vichy essays where he conveniently passes over in silence France's collaborationist past—even the major role played by Vichy police in the roundup and deportation of Jews—he helped create, along with de Gaulle and others, the myth of "Resistancialism," the founding myth of the post-Vichy [End Page 204] Period, the idea that all Frenchmen resisted the Nazis. In the words of Pierre Nora, Sartre and de Gaulle were "writing history from the point of view of the future" (p. 17).In chapter two, the author analyzes the 1997 "Aubrac Affair," exposing the problems that the Resistance heroes, Lucie and Raymond Aubrac, encountered when they were suddenly suspected of having betrayed Jean Moulin, whose 1964 enshrinement in the Pantheon is examined in chapter three within the context of the politics of national memory in France. Whereas Moulin's enshrinement marked the apex of the myth of "Resistancialism" in France, the "Aubrac Affair" comes fifty-four years after the betrayal of Jean Moulin and twenty-five years after the myth of "Resistancialism" began to fade. In treating the charges and countercharges in the "Aubrac Affair," which continues to fascinate because it illustrates "the problematic relation between public and private memory, and between history and fantasy in the construction of both an individual and a collective past" (p. 61), Suleiman highlights the problems of narrative verisimilitude and the narrative tendency toward heroic aggrandizement as well as its opposite, the desire to topple heroes.In chapter four, Suleiman studies Marcel Orphuls's Hotel Terminus: The Life and Times of Klaus Barbie, a four-hour documentary of great significance that remains relatively unknown when compared with his earlier film, The Sorrow and the Pity. Barbie was the infamous Nazi war criminal, known as "the Butcher of Lyon," who tortured and deported hundreds of Jews and tortured to death the great French Resistance hero, Jean Moulin. He was extradited from Bolivia to France in 1983 where he was tried for crimes against humanity in 1987. Orphuls's film exposes the conflicted memories and partisanships produced by WWII and the Holocaust in public and private spaces throughout Europe and the Americas. This chapter will undoubtedly convince others of the film's importance. It will certainly convince the reader of Suleiman's ability to read film. She explains in detail Orphuls's method of "dialectical montage" (already evident in The Sorrow and the Pity) whereby he cuts up individual interviews and juxtaposes them with parts of others that often qualify or simply contradict what has been stated. This is why his films are "interactive documentaries" that "force the viewer into uncomfortable subject positions in relation to the material" (p. 87). No voice-over or "voice of God" commentary comes to aid the viewer who is forced to evaluate critically... (shrink)

Crime stories attract audiences and social buzz, but they also serve as prisms for perceived threats. As immigration, technological change, and globalization reshape our world, anxiety spreads. Because journalism plays a role in how the public adjusts to moral and material upheaval, this unease raises the ethical stakes. Reporters can spread panic or encourage reconciliation by how they tell these stories. Murder in our Midst uses crime coverage in select North American and Western European countries as a key (...) to examine culturally constructed concepts like privacy, public, public right to know, and justice. Working from close readings of news coverage, codes of ethics and style guides, and personal interviews with almost 200 news professionals, this book offers fertile material for a provocative conversation. We use our findings to divide the ten countries studied into three media models; we explore what the differing coverage decisions suggest about underlying attitudes to criminals and crime, and how justice in a democracy is best served. Today, journalists' work can be disseminated around the world without any consideration of whether what's being told (or how) might dissolve cultural differences or undermine each community's right to set its own standards to best reflect its citizens' values. At present, unique reporting practices persist among our three models, but the internet and social media threaten to dissolve distinctions and the cultural values they reflect. We need a journalism that both opens local conversations and bridges differences among nations. This book is a first step in that direction. (shrink)

This edited collection recalls the events that led up to the Fitzgerald Inquiry and examines the extraordinary influence the ‘watershed' inquiry has had on police and public sector reform at the state, national and international levels.

One of the consequences of the public outcry over the 1929 St Valentine’s Day massacre was the establishment of a Scientific Crime Detection Laboratory at Northwestern University. The photogenic ‘Lie Detector Man’, Leonarde Keeler, was the laboratory’s poster boy, and his instrument the jewel in the crown of forensic science. The press often depicted Keeler gazing at a female suspect attached to his ‘sweat box’, a galvanometer electrode in her hand, a sphygmomanometer cuff on her arm and a (...) rubber pneumograph tube strapped across her breasts. Keeler’s fascination with the deceptive charms of the female body was one he shared with his fellow lie detector pioneers, all of whom met their wives – and in William Marston’s case, his mistress too – through their engagement with the instrument. Marston employed his own ‘Love Meter’, as the press dubbed it, to prove that ‘brunettes react far more violently to amatory stimuli than blondes’. In this article, I draw on the psychoanalytic concepts of fantasy and pleasure to argue that the female body played a pivotal role in establishing the lie detector’s reputation as an infallible and benign mechanical technology of truth. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Looking Beyond Neoliberalism: French and Fran-cophone Belgian Cinema and the Crisis by Martin O’ShaughnessyJoseph MaiO’Shaughnessy, Martin. Looking Beyond Neoliberalism: French and Fran-cophone Belgian Cinema and the Crisis. Edinburgh University Press, 2022. 224pp.Martin O’Shaughnessy has devoted a career to scouring the intersections of politics, identity, and contemporary French cinema, perhaps most notably in his 2007 book, The New Face of Political Filmmaking. In a review in Cineaste, Jonathan (...) Buchsbaum called that book “theoretically sophisticated” and a “powerful and eloquent polemic for retaining a class analysis of film” (90). According to Buchsbaum, The New Face asked “the central question of how films can formulate political critiques after the collapse of the grand leftist narrative(s) of the twentieth century” (89). O’Shaughnessy’s new book, Looking Beyond Neoliberalism: French and Francophone Belgian Cinema and the Crisis, is a major publication with similar qualities of theoretical breadth, and is also once again inspired by cinematic attempts to envision different political futures.Things have not gotten better since 2007. The “crisis” of O’Shaughnessy’s title does not refer narrowly to the financial meltdown of 2007–2008 and subsequent government-funded bailouts. Crisis is not an event requiring austerity (disguised as “courageous decision-making”), but in many senses the essence of global neoliberalism, or as the frequently cited Maurizio Lazzarato puts it: “the form of government of contemporary capitalism” (qtd. in O’Shaughnessy 5). The 2008 crisis has, if anything, made this form of government ever more visible, and ever more punitive and essential to Western industrial societies. With a mastery of the philosophical critique of neoliberalism, O’Shaughnessy unpacks how the logic of crisis habituates the subject to self-entrepreneurship, debt, social and political isolation, conformism, precarity, social violence, and nihilism.The book looks at these issues through cinematic works by French and Belgian Francophone filmmakers, ranging from popular auteurs like Jacques Audiard and Luc Besson to more critically political filmmakers like the Dardenne brothers or Laurent Cantet. O’Shaughnessy is not looking only for thematic representations; he also seeks new answers in films that respond to, flee, or resist neoliberalism. Like the Occupy or Nuit Debout movements, much of this cinema seeks to reformulate identifications and cultivate political resistance, though O’Shaughnessy warns us early on [End Page 117] that we are not in a place “where there is a cohesive political cinema” (9). There is, therefore, a refreshingly normative concern throughout the book: the most valuable films seek paths toward social encounter, re-assemblage of identity categories, lives that are not defined through debt, and a future in which crisis and precarity do not structure action.The first three chapters focus on the “crisis of the neoliberal subject” (6). Chapter 1 approaches the work of Jacques Audiard, who has at times been read as reinforcing regressive gender roles and at other times embracing a rather more disruptive masculinity. Bringing the lens of the neoliberal subject to bear on films like Un prophète (2009) or Un héros très discret (1996), O’Shaughnessy emphasizes Audiard’s use of crime-genre filmmaking as a parallel to capitalism, and the genre hero as a corollary to the bourgeois entrepreneurial male subjectivity it fosters and puts into crisis. Desperately, Audiard’s masculine subjects rehearse, recreate, and “perfect” themselves, initiate profitable collaboration, self-define through flexibility, improvisation, and competence, in ways that are hallmarks of, but do not surpass, an internalized neoliberal subjectivity.Chapter 2 examines how the mechanisms of debt influence characters’ beliefs and actions. What does it mean, in works by the Dardenne brothers, Laurent Cantet, and Mia Hansen-Løve, to be “man in debt” (54)? O’Shaughnessy explores debt’s temporality as it limits the possibilities of the future by tying actions to the obligations of repayment. In Le silence de Lorna (2010), Lorna is enrolled in a logic of indebtedness in exchange for papers to cross borders, at the expense of another human, Claudy. Caught in an “overarching tension between systemic violence and an ethical commitment to the Other” (45), she seeks a way out in increasingly irrational attempts to escape. Vincent, the protagonist of L’emploi du temps... (shrink)

Evasion of value added tax (VAT) is a pressing criminal justice problem; however, there still are no theoretical studies on the specific nature of this offense and the basis of its legal evaluation. This article is an attempt to explain the preconditions of the origin of this type of fraud and its connection with the Value Added Tax Law, to formulate the conceptual understanding of the offense, to reveal the important aspects of its legal evaluation and to discuss relevant examples (...) from the case-law. The preconditions of VAT fraud lie in the legal nature of tax administration and the particularity of VAT regulation creating opportunities to abuse the right of deducting the overpayment from the budget or reducing the tax payable. The system of tax crimes stipulated in the Criminal Code is not sufficient to properly assess the impact and danger of VAT fraud. The judicial practice considering VAT deception as property fraud is theoretically justified and welcome. (shrink)

This Review Essay examines Mark Freeman’s thoughtful book, Necessary Evils: Amnesties and the Search for Justice. One of the book’s core arguments is that amnesties from criminal prosecution, however unpalatable to liberal legalist sensibilities, should not be entirely purged from the toolbox of post-conflict transitions. Although advancing this argument, Freeman also struggles with it, and ultimately builds a very restrained and heavily technocratic defense of the amnesty. This Review Essay weighs this argument, among others, on its own terms and also (...) within the context of recent events that post-date the book’s publication. The result is a vibrant exposition of the limits of law, and the limits of politics, in transcending episodes of massive human rights violations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:276 HISTORY OF PHILOSOPHY appointment as the shepherd of the sheep from Christ. Nevertheless, his successors are chosen by men. Thus they are not of divine appointment and their power, in any case limited by Scriptural precept and natural law, is strictly circumscribed. Since they are placed in their position by men, they can be judged and deposed by men if they misuse their power. Throughout his career Ockham (...) violently repudiated the Avignonese papacy because it "professed errors and manifest heresies" and practiced injustice both in Church and state. He likewise regarded the college of cardinals as a purely human administrative institution and denied that they, along with the pope, were successors of the apostles. Since the Roman Church as well as the general Council could err, Ockham held that on occasion it is necessary to defend the true faith against the Roman Church, the pope, the general Council, and all the bishops and clergy (p. 277). The chief bond of Christians is the true faith. This is found both in the Scriptures and in tradition. This faith is to be maintained in its purity by true popes and general Councils. Their fidelity to the faith is the only guarantee of their authority. Therefore, a denial of, or a deviation from, the orthodox faith is heresy which he regarded as the major crime. De Lagarde severely criticizes Ockham by claiming that he reduced the Church to an aggregate of individuals bound together by common faith alone. This was destructive of the Church considered as a hierarchical and ~cramental institution. He traces Ockham's influence upon the dominant personalities of the subsequent decades all the way to Luther. The outstanding nominalists like Pierre d'Ailly and Jean Gerson, and reformers like Dietrich of Niem, John Wyclif, and John Huss, were either his professed disciples or were deeply influenced by Ockham. It may be remarked that the two last-named thinkers can hardly be included in this category: de Lagarde was either poorly informed or biased. For although he quotes in his support the two-volume works of Dora Paul de Vooght (L'h~rgsle de Jean Huss and Huss/ana), he ignores the general characterizations and the careful distinctions de Vooght makes between the positions of these two men, and repeats the uncritical views against which de Vooght energetically protests. It may also be added that the author omits a bibliography which is essential to a work of this kind. Nevertheless, his work is a massive and enlightening contribution to the hitherto neglected study of the post-Thomistic thinkers of the fourteenth century, among whom William of Ockham occupies a dominant place. MATr~sw SPINKA Claremont Graduate School and University Center Giordano Bruno and the Hermetic Tradition. By Frances A. Yates. (Chicago, University of Chicago Press, 1964. Pp. xiv + 466. $7.50.) In many ways the Renaissance of western civilization is reminiscent of Graeco-Roman Hellenism. While it is true that this parallelism cannot be drawn too closely, the similarity of the cultural forces facing both eras is instructive. This parallel suggests the importance of the resurgence of Hermetic gnosticism during the period from the fifteenth through the seventeenth centuries for an understanding of the religious and scientific developments taking place at this time. It is to this point that Profes~r Yates has written a major work of scholarship in the history of ideas. The importance of the Hermetic tradition in the intellectual framework of Renaissance religion and science is placed in its historical evolution from the time of the recovery of the texts and their translation into Latin by Ficino until its gradual decay in the seventeenth century after the correct dating of the texts by Isaac Casaubon. Obviously with so broad an undertaking it would be impossible to treat adequately in one volume the philosophical import of the ideas of the Hermetic texts and their development. Professor Yates wisely chooses Giordano Bruno as the focal point for her penetrating analysis of the Hermetic tradition as a philosophical movement. This has great significance for the student of Bruno, for as she remarks: "... it is only in putting him into the context of the history of Hermeticism in the Renaissance... (shrink)

This is a paperback reprint of a book published in 1989. In this comprehensive treatise Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. He begins by considering free speech as a political principle, and after a thorough and incisive analysis of the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the principle of free speech applies. He then turns to (...) an examination of communications for which criminal liability is fixed. Focusing on threats and solicitations to crime, he attempts to determine whether liability for such communications seriously conflicts with freedom of speech. He then goes on to develop the significance of his conclusions for American constitutional law. (shrink)

This study focuses on a news framing analysis of Latin America and Latin Americans in the Spanish press. For this purpose 1,271 news articles with different Latin American countries or their citizens as main actors were examined. These news stories had been published by the main Spanish newspapers in 1999. The results reveal that attribution of responsibility, human interest, and conflict constitute the prevailing frames used by the Spanish press. Furthermore, significant differences in the considered variables in terms (...) of main country actor were observed. Venezuela and Colombia, in particular, are associated with armed conflicts, natural disasters, crimes, and accidents using human interest and conflict news frames. This leads to a necessary consideration of the consequences this type of news coverage on Latin America may generate, and whether it will reinforce stereotypes or prejudices in the Spanish audience against peoples from these countries, especially those with a high migratory influx to Spain. (shrink)

This book attempts to synthesize two apparently contradictory views of psychology: as the science of internal mental mechanisms and as the science of complex external behavior. Most books in the psychology and philosophy of mind reject one approach while championing the other, but Rachlin argues that the two approaches are complementary rather than contradictory. Rejection of either involves disregarding vast sources of information vital to solving pressing human problems--in the areas of addiction, mental illness, education, crime, and decision-making, to (...) name but a few. Where previous books have focused either on psychology as an abstract science of the mind or as a strictly empirical approach to behavioral problems, this is the only book that attempts to show how the best modern theoretical work on mental mechanisms relates to the best modern empirical work on complex behavioral problems. It will be of considerable interest to psychologists and philosophers across many disciplines and perspectives. (shrink)

The expression 'the criminal question' does not at present have much currency in English-language criminology. The term was carried across from Italian debates about the orientation of criminology, and in particular debates about what came to be called critical criminology. One definition offered early in the debate described it as 'an area constituted by actions, institutions, policies and discourses whose boundaries shift'. According to this writer, crime, and the cultural and symbolic significance carried by law and criminal justice, is (...) an integral aspect of the criminal question. 'The criminal question' draws attention to the specific location and constitution of a given field of forces, and the themes, issues, dilemmas and debates that compose it. At the same time it enables connections to be made between these embedded realities and the wider, conceivably global, contours of influence and flows of power with which it connects. This in turn raises many questions. How far do the responses to crime and punishment internationally flow from and owe their contemporary shape to the cultural and economic transformations now widely known as 'globalisation'? How can something that is in significant ways embedded, situated, and locally produced also travel? What is not in doubt is that it does travel - and travel with serious consequences. The international circulation of discourses and practices has become a pressing issue for scholars who try to understand their operation in their own particular cultural contexts. This collection of essays seeks a constructive comparative view of these tendencies to convergence and divergence. (shrink)

The "red note" - also known as "police information" - is the journalistic genre that covers bloody facts. The raw material of this sensationalist branch of the press are accidents, murders, robberies, lynchings, rape, acts of torture, and other events that violate daily life. Since the 19th century, the "red note" has had an important place in the Mexican press. Vicente Riva Palacio's Red Book, based on violent historical events, is a classic in the national bibliography of that (...) century; the engravers Manuel Alfonso Manilla and José Guadalupe Posada illustrated dozens of leaflets with news about bandits, crimes and shootings; In the twentieth century, notable narrators such as Víctor Ronquillo and Rolo Díaz worked for years at the police source; likewise, some of Mexico's great photographers made a career in this section, including Adrián Devars and Enrique el NiñoMetinides; his school finds important followers in photojournalists such as Pedro Valtierra, Fernando Brito and the team of the newspaper La Jornada. The stories that this journalistic genre gathers intersect with the history of the nation and include episodes that range from the murder of the Dongo family in 1789 to the massacre of migrants in San Fernando, Tamaulipas, in 2010; from the Gray Car Band to organized crime; of the shooting of Maximiliano de Habsburgo in the Hill of the Bells in 1867 to the murder of Luis Donaldo Colosio in Lomas Taurinas, Tijuana, in 1994. Carlos Monsiváis was a scholar of the subject and in his book The Thousand and One Watchmen he wrote: Alarmed and pleased, the crowds stop as before a shop window: there at your fingertips the endowment of rivers of blood, betrayals, iniquities, perversions, robberies. At the beginning of the 21st century, in Mexico, the genre has a larger presence than ever. In 2010, the writer explains the phenomenon: In 15 years, the biggest change is the fierce emergency, at times militarized, of drug trafficking, which radically modifies the meaning of the "red note" and transfers it almost daily to the altar of eight columns. The singularity of murders and murderers disappears, and the massive scale of crime also dehumanizes on a similar scale. The collection of the Museo del Estanquillo houses numerous publications, prints, models, photographs, flyers and memorabilia related to the "red note", as well as a considerable number of vintage photographs of Metinides that some researchers considered lost. In the archive of collector Pedro Barrios and other collectors, friends of the museum, as well as in the work of contemporary artists, we find the works that make up this exhibition. In these dark times, in which the "red note" has left the inside pages and become a front page issue, it is important to meditate on violence in our country. This visual chronicle of the history of the "red note" in Mexico seeks to contribute to this reflection. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Art of Forgetting: Disgrace and Oblivion in Roman Political CultureCynthia DamonHarriet I. Flower. The Art of Forgetting: Disgrace and Oblivion in Roman Political Culture. Studies in the History of Greece and Rome. Chapel Hill: University of North Carolina Press, 2006. xxiv + 400 pp. 75 black-and-white ills. 1 map. Cloth. $59.95.Despite its title, this book is not really about forgetting. Forgetting, as Tacitus knew to his (...) cost, cannot be done to order, whether the order be one's own or another's. Erasure, rather. Indeed erasures of a wide variety, from official memory sanctions mandating the removal of names from inscriptions and imagines from funerals, to spontaneous erasures on or of monuments associated with the disgraced, to literary attacks targeting posthumous reputations. The emphasis is on the first category; the book is structured around a chronological survey of official memory sanctions and the physical traces thereof from the early Republic [End Page 599] up to the first year of the principate of Antoninus Pius, but the other types are well integrated into the discussion. The Art of Forgetting is a fascinating study of the battle between the living and the dead or disgraced for prime turf in the memory space of the Roman elite.As with so much of Roman history as we can know it, the "memory wars" and "memory games" treated in this book are an elite phenomenon. The erasures discussed (and, happily, often pictured) here are most accessible to us when they are accomplished in the same enduring media to which the Roman elite entrusted its public record and reputation. The title of Flower's first chapter, "Clementis' Hat," alluding to the chance survival of a photographic testimonial for Czech politician Vladimir Clementis, captures Flower's early assertion that we can only know the incompletely successful erasures (12), but this seems to me to collapse an essential distinction, preserved elsewhere in the book, including its subtitle, between memory and reputation. The senate-mandated erasure of the man accused of Germanicus' murder is accomplished both by chiseling his name out of the dedication of a statue of Germanicus and by chiseling it into the empire-wide inscriptions on which the senate's verdict in his trial was recorded. The former deprives him of prime memory space; the latter assigns him space on the wrong side of the tracks, so to speak. Both oblivion and disgrace are weapons in the memory wars, and their relative salience varies.The chronological survey of the Roman evidence is preceded by a contextualizing chapter on memory sanctions in the Greek world, particularly in the Hellenistic world, in which Rome's elite saw first hand the battles over what went into the monumental record that followed (or even preceded) battles for territory. Early-attested sanctions such as the razing of a disgraced person's house seem to combine practical and symbolic ends: displacement of the individual and his immediate family and erasure of an avatar. The record of sanctions in democratic Athens, which adds to house-razing the expulsion of remains and the erection of stelai publicizing the names and crimes of offenders against the demos, already shows the complementary effects of oblivion and disgrace later exploited at Rome. A helpful distinction is drawn between amnesties such as that of 403 B.C.E. Athens, in which "a new start was made by promising not to use the past as a political weapon" (23), and the kind of memory politics manifested in sanctions. The discussion of the Hellenistic world establishes the connection, later relevant to the treatment of Rome's imperial women, between extravagant honors and harsh penalties in the symbolic realm: in the rhetoric of relations between cities and kings, for example, a ruler in favor is honored as a god, while a ruler out of favor may find his cult appropriated, his record erased, and his memory cursed.Rome had its own long-standing traditions of memory sanctions. Or at least by the Augustan age it felt it had. Chapter 3 tries to get back beyond the triumviral phase of Roman memory sanctions, citing fifth- and fourth-century house-razings for "citizen traitors" (45... (shrink)

There is no question Arthur Ripstein’s Force and Freedom is an engaging and powerful book which will inform legal philosophy, particularly Kantian theories, for years to come. The text explores with care Kant’s legal and political philosophy, distinguishing it from his better known moral theory. Nor is Ripstein’s book simply a recounting of Kant’s legal and political theory. Ripstein develops Kant’s views in his own unique vision illustrating fresh ways of viewing the entire Kantian project. But the same strength and (...) coherence which ties the book to Kant’s important values of independence blinds the work to our shared moral ties grounded in other political values. Ripstein’s thoughts on punishment are novel in that he embeds criminal law, both in its retributivist and consequentialist facets, into Kant’s overarching political philosophy to show how criminal law can be seen as one aspect of the supremacy of public law. But a criminal law solely focused on the preservation of freedom takes little notice of the ways criminal law need expand its view to account for how a polity can restore the victim of a crime back to civic equality, reincorporate offenders after they have been punished and cannot leave past offenders isolated and likely to reoffend, resulting in the rotating door prison system and communities of innocents who remain preyed upon by career criminals. Lastly, a political theory that does not prize our civic bonds will ignore the startling balkanization of our criminal punishment practices, where policing, arresting and imprisonment become tools of racial and social oppression. In illustrating the benefits in viewing criminal law as a coherent part of Kant’s political theory of freedom, Ripstein also highlights what is absent. It then becomes clear that though Kant presents one important facet of punishment, only a republican political theory can meet the most pressing moral demands of punishment by reminding us that criminal law must be used to preserve and strengthen civic society. (shrink)