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Crime, Law and Social Change
Journal Prestige (SJR): 0.357
Citation Impact (citeScore): 1
Number of Followers: 467  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1573-0751 - ISSN (Online) 0925-4994
Published by Springer-Verlag Homepage  [2351 journals]
  • Introduction
    • Authors: Annika Engelbert; Ina Kubbe
      Pages: 293 - 298
      PubDate: 2018-10-01
      DOI: 10.1007/s10611-017-9738-7
      Issue No: Vol. 70, No. 3 (2018)
       
  • From global problems to international norms: what does the social
           construction of a global corruption problem tell us about the emergence of
           an international anti-corruption norm
    • Authors: Elitza Katzarova
      Pages: 299 - 313
      Abstract: This article examines the ontological contestation that is inherent to the emergence of an international anti-corruption norm. First, the article briefly analyses the compatibility of an agenda on the social construction of problems from sociology and the well-established study of norms in constructivist IR. It argues that an analytical shift from the study of norms to the social construction of problems can shed light on the power relations that underlie international norms, and corruption in particular. The article traces the emergence of a global corruption problem up to the early 2000s when scholars have traditionally placed the establishment of an international anti-corruption norm. It first shows the contestation of corruption as a global issue on the level of problem definition, and then, it shows the role of venue shopping and venue shifting in the diffusion of anti-corruption talks and the norm cascade of the 1990s. The article concludes with an analysis of how the social construction of problems challenges the conventional approach of the emergence of an international anti-corruption norm.
      PubDate: 2018-10-01
      DOI: 10.1007/s10611-017-9733-z
      Issue No: Vol. 70, No. 3 (2018)
       
  • Pecunia non olet' Legal norms and anti-corruption judicial frameworks
           of preventive confiscation
    • Authors: Stoyan Panov
      Pages: 315 - 329
      Abstract: The mechanism of preventive non-conviction-based seizure and confiscation of assets derived from corrupt acts offers an intricate interplay of criminal and civil law norms. The preventive seizure and confiscation approach is analyzed as to its functions, purposes, and norm-changing effects. The normative change is observed in the preventive confiscation as the decision of the judicial or quasi-judicial organs is based on the degree of danger posed by the relevant person and corrupt activity on a suspicion-based inquiry, thus eliminating the need for criminal conviction. The normative side of the mechanism of preventive confiscation seeks to immunize the lawful economy from a “contamination” by the ill-procured assets through corruption. The approach includes various human rights protections established by the European Court of Human Rights such as the right to a fair trial, the right to property, and the rule of law. The preventive mechanism also focuses on measuring the likelihood to commit illegal acts in the future, and management and usage of the proceeds from the illegal corrupt activity for socially oriented goals.
      PubDate: 2018-10-01
      DOI: 10.1007/s10611-017-9734-y
      Issue No: Vol. 70, No. 3 (2018)
       
  • China’s anti-graft campaign and international anti-corruption norms:
           Towards a “new international anti-corruption order”'
    • Authors: Bertram Lang
      Pages: 331 - 347
      Abstract: This article analyzes the growing impact of an increasingly powerful China on the evolution of norms governing the global fight against corruption. Combining insights into the diffusion of anti-corruption norms and China’s ‘two-way socialization’ into the international order with an analysis of the Chinese leadership’s internationalized anti-corruption campaign, it argues that China’s active involvement in the international fight against corruption is bound to challenge prevailing international ‘definitions’ and ‘solutions’ of corruption. Despite the considerable attention to supposed incompatibilities between ‘culturally insensitive’ Western anti-corruption efforts and conflicting Chinese cultural norms, the actual ‘China challenge’ to the international anti-corruption regime is much less a cultural than a political one. While China’s formal-legal anti-corruption system has been receptive to international socialization, China’s own contributions to international norm making are defined by the Party’s top-level leadership, which promotes a different set of anti-corruption norms. However, a coherent alternative ‘Chinese model’ of anti-corruption, akin to the globally propagated ‘China path’ for economic development and poverty reduction, is not yet in sight.
      PubDate: 2018-10-01
      DOI: 10.1007/s10611-017-9742-y
      Issue No: Vol. 70, No. 3 (2018)
       
  • Pernicious custom' Corruption, culture, and the efficacy of
           anti-corruption campaigning in China
    • Authors: Tony C. Lee
      Pages: 349 - 361
      Abstract: This paper argues that using a legal approach to fight against corruption having a cultural root is unlikely to be effective. By analyzing the Eight-point Regulation, one of Xi Jinping’s anti-corruption measures, the present study shows that the efficacy of the Regulation is limited, notably when it comes to non-economic types of corruption. In fact, the Regulation does not halt the culture of gift giving, which is a common practice for the Chinese to establish guanxi (social connection) for potential or actual corruption. Based on the findings, this paper proposes complementary measures to curb corruption in addition to legal approaches.
      PubDate: 2018-10-01
      DOI: 10.1007/s10611-017-9735-x
      Issue No: Vol. 70, No. 3 (2018)
       
  • Norms, law and social change: Nigeria’s anti-corruption struggle,
           1999–2017
    • Authors: Paul D. Ocheje
      Pages: 363 - 381
      Abstract: Corruption is notoriously persistent in Nigeria notwithstanding the panoply of laws deployed over the years against it. This article argues that the factors constraining the effectiveness of laws in the fight against corruption are to be found not in the laws, but in the larger societal matrix of resilient social norms and institutions, which constitute the environment of corruption in the country. The environment thus constituted is either conducive to, or largely tolerant of, corruption. The article then suggests that the anti-corruption effort, to be successful, must engage broadly with the environment by instigating social change.
      PubDate: 2018-10-01
      DOI: 10.1007/s10611-017-9736-9
      Issue No: Vol. 70, No. 3 (2018)
       
  • When anti-corruption norms lead to undesirable results: learning from the
           Indonesian experience
    • Authors: Richo Andi Wibowo
      Pages: 383 - 396
      Abstract: This paper analyzes how and why adverse side-effects have occurred in the implementation of two articles of Indonesia’s anti-corruption law. These articles prohibit unlawful acts which may be detrimental to the finances of the state. Indeed, the lawmakers had good intentions when they drafted the two articles. They wanted to make it easier to convict corrupt individuals by lowering the standard of evidence required to prove criminal liability. The implementation of these articles has raised legal uncertainty. The loose definition of the elements of the crime enables negligence and imperfection of (public) contracts to be considered as corruption. The Constitutional Court has issued two rulings to restrict and guide the interpretation of these articles. However, law enforcement agencies (Supreme Court and public prosecutors) have been unwilling to adhere to the rulings. There are two possible reasons for this. First, as has been argued by several commentators, the law enforcement agencies have misinterpreted the concept of “unlawfulness”. Besides, the law enforcement agencies wish to be seen to be committed to prosecuting and delivering convictions in corruption cases. To do so, they need to maintain looser definitions of the elements of the offence. This paper endorses the Constitutional Court rulings and provides additional reasons in support of their stance. The paper can be considered as a case study for other countries that may be contemplating similar legislation.
      PubDate: 2018-10-01
      DOI: 10.1007/s10611-017-9737-8
      Issue No: Vol. 70, No. 3 (2018)
       
  • Corruption and the impact of democracy
    • Authors: Ina Kubbe; Annika Engelbert
      Pages: 175 - 178
      PubDate: 2018-09-01
      DOI: 10.1007/s10611-017-9732-0
      Issue No: Vol. 70, No. 2 (2018)
       
  • Framing corruption: how language affects norms
    • Authors: Ramona Zmolnig
      Pages: 179 - 195
      Abstract: This study deals with the fairly unexplored relationship between political decision-making and political framing. The intention is to figure out if there is a connection between the way political actors frame corruption and their commitment to the legislative fight against corruption in Austria. Thus, two research questions are focused: Are corruption-related framing practices of political actors of the Austrian National Council predominantly structural or personal' Do these framing strategies affect political actor’s willingness to legislatively combat corruption' Therefore the methodological approach is based on a manual dimension-reduced coding process and a further framing analysis of nine years (from 2007 to 2015) of political communication referring to corruption in the Austrian National Council. The framing analysis shows that the perception of corruption as an individual misconduct and a weakness of character of single and collective actors (parties) has significant impacts on anti-corruption policies and leads to an insufficient implementation of anti-corruption measures as well as the obstruction of meaningful policy reforms.
      PubDate: 2018-09-01
      DOI: 10.1007/s10611-017-9726-y
      Issue No: Vol. 70, No. 2 (2018)
       
  • Corruption and lobbying: conceptual differentiation and gray areas
    • Authors: Felix Goldberg
      Pages: 197 - 215
      Abstract: Political scientists have yet to agree upon a conceptual distinction between lobbying and corruption. Most scholars investigate these concepts separately and distinguish them by their legality. Relying on a legal distinction makes comparative research nearly impossible. This article presents a framework in which lobbying and corruption can be distinguished based on theoretical considerations investigating their harms to democracy. I argue that lobbying becomes corruption as soon as it is a source of exclusion from a democratic process. Using this approach, I discuss different gray areas between corruption and lobbying. Distinguishing lobbying from corruption helps to understand when they substitute each other and when they occur complementarily.
      PubDate: 2018-09-01
      DOI: 10.1007/s10611-017-9727-x
      Issue No: Vol. 70, No. 2 (2018)
       
  • Europe’s “democratic culture” in the fight against
           corruption
    • Authors: Ina Kubbe
      Pages: 217 - 240
      Abstract: This study investigates the influencing factors of corruption in Europe over the period of 1995–2013. Considering corruption as a cultural, multilevel phenomenon, the project proposes the design of models at both the micro and macro levels, allowing for panel-analyses as well as cross- and within-national comparisons. The findings reveal that a bundle of factors adding up to a specific “democratic culture” in Europe that hinders the growth of corruption by generating strong democratic institutions and fostering citizen norms and values aimed at monitoring and sanctioning corrupt actors. As a result, democracy promotion was and it is still the best remedy against corruption spread in Europe. The article emphasizes the relevance and need of area- and cultural-specific knowledge of factors affecting corruption.
      PubDate: 2018-09-01
      DOI: 10.1007/s10611-017-9728-9
      Issue No: Vol. 70, No. 2 (2018)
       
  • Self-legitimation patterns in the inequality-corruption nexus
    • Authors: Miranda Loli
      Pages: 241 - 256
      Abstract: This article attempts to analyze the intersection of corruption and inequality not only in terms of the injustices and inequalities accentuated by corruption, but also in terms of the role of self-justification narratives of corruption based on perceptions of inequality. Despite the fact that the common definition as an ‘abuse’ of power removes the possibility of legitimation of corruption, legitimation narratives do exist and they also do appear in various surveys or case studies. By introducing Tilly’s perspective of inequality to corruption research, this article provides new input for understanding the dynamics of inequality and opportunity hoarding that fuel endemic corruption.
      PubDate: 2018-09-01
      DOI: 10.1007/s10611-017-9729-8
      Issue No: Vol. 70, No. 2 (2018)
       
  • Corruption in sub-Saharan Africa’s established and simulated
           democracies: the cases of Ghana, Nigeria and South Sudan
    • Authors: Ole Frahm
      Pages: 257 - 274
      Abstract: This article makes a contribution to the debate over the interconnectedness between democratization, corruption and resource dependence by way of a qualitative analysis of three African states, Ghana, Nigeria and South Sudan, in various stages of democratization, from post-conflict transition to increasingly consolidated democracies. The underlying question guiding the analysis is to assess how both the practice and perception of corruption change in the course of democratization. Using survey data, secondary literature and empirical observations, the article juxtaposes empirical findings with theories of the African state and finds neo-patrimonialism and the concept of the gatekeeper state the most satisfactory explanatory models for the sources and types of corruption in African democracies afflicted by the resource curse.
      PubDate: 2018-09-01
      DOI: 10.1007/s10611-017-9730-2
      Issue No: Vol. 70, No. 2 (2018)
       
  • Promoting pirate prisons: exploring the intersections of narratives,
           media, and criminal justice reform in East Africa
    • Authors: Brittany Gilmer; Caroline Comerford
      Abstract: In March of 2011, several news media outlets published articles announcing the opening of a “pirate prison” in the northwest region of Somalia. Over the next five years, news articles about East African prisons holding piracy prisoners en masse were among the few ways in which the public came to know pirate prisons—what they look like, who they punish, and how they punish. Our analysis of the text and imagery in news articles about these prisons reveals that pirate prison narratives reflects the unique political, social, and economic issues of each location. The geographically-specific narratives are created, promoted, and in some cases silenced by different actors and entities to shape public perception of pirate prisons and motivate funding decisions. This case study aims to theorize what these pirate prison narratives tells us more broadly about the complexities underlying the promotion of criminal justice reforms in the media and the political economy of punishment in East Africa. We contend that the production and maintenance of particular pirate prison narratives helps various actors and agencies maximize benefits tied to a broader penal market where piracy prisoners are detained and transferred in exchange for development aid.
      PubDate: 2018-10-03
      DOI: 10.1007/s10611-018-9796-5
       
  • Pachyderm poaching in Africa: interpreting emerging trends and transitions
    • Authors: Friedo Herbig; Anthony Minnaar
      Abstract: For the past two decades, rhino poaching has made headline news as the South African and global public increasingly endeared themselves to this species, in part due to their precarious status and conservation plight. On the African continent, whilst rhino-poaching pressure has topped out at the pandemic level, another conservation crime, namely elephant poaching, has surreptitiously amplified and annually been spiraling upwards. As rhino populations have dwindled, and amidst this decline and allied loss of poaching opportunities, wildlife poachers have ostensibly diverted their efforts to other more accessible species. This article highlights the auguring southwardly migrating poaching risk to elephants, the extent to which elephants are becoming a surrogate species for rhinos and/or other forms of wildlife in the context of poaching momentum, effort and economics, and the role that crime displacement and passé confidence in reactive intervention paradigms play, as potential drivers, in the continent-wide elephant defaunation.
      PubDate: 2018-09-26
      DOI: 10.1007/s10611-018-9789-4
       
  • Illicit financial flows within the extractive industries sector: a glance
           at how legal requirements can be manipulated and diverted
    • Authors: Sophie Lemaître
      Abstract: The extractive industries sector is considered to be one of the most prone to illicit financial flows. To date, numerous instruments at the national, regional and international level have been adopted targeting the extractive industries sector or specifically combating illicit financial flows but the effectiveness of these instruments remains uncertain as highlighted with the recent scandals that tarnished this sector. In fact some stakeholders, in particular extractive companies and government officials, are being creative and innovative in order to play with legislations combating these illicit practices and perpetuate illicit financial flows. Playing with the rules of the game is made possible not only through the support of intermediaries but also the availability of legal tools. This article provides a glance at how these actors use the law to abuse and manipulate legal frameworks.
      PubDate: 2018-09-26
      DOI: 10.1007/s10611-018-9791-x
       
  • Testing the symbolic properties of alcohol prohibition in Hermann, MO
    • Authors: Andrew Bisto
      Abstract: Gusfield (1963) describes constitutional prohibition as symbolically representing status and not concerned with social control. The importance of this perspective for the prohibition of alcohol rests in the rural, Protestant, native segments of the United States symbolically demonstrating their values publicly through law over that of the urban, Catholic, immigrants. This case study tests the symbolic properties of constitutional prohibition through an analysis of the small German-American, rural, winemaking community of Hermann, MO. I analyze Hermann’s major English newspaper, the Advertiser-Courier, during two time periods: 1908 to 1911 and 1918 to 1921 to understand the changes in legislative reform and the importance of the social environment for each time period. In order to demonstrate the limitations of a strictly symbolic understanding of constitutional prohibition through Gusfield’s (1963) status politics paradigm, I utilize the theoretical tools of structural foundations and triggering events (Galliher (1980) 2012) to assess the social origins of prohibition legislation in Missouri. This perspective further demonstrates the instrumental aspects of social control involved during the passage of this law.
      PubDate: 2018-09-20
      DOI: 10.1007/s10611-018-9793-8
       
  • Bio-smuggling in Turkey
    • Authors: Üstüner Birben; Gökçe Gençay
      Abstract: Turkey is among the countries with the richest biodiversity in Europe and the Middle East; it ranks ninth in the European continent in terms of biodiversity. Its distinct and varied geography affords a high level of endemism and genetic diversity. Due to its high level of endemism and genetic diversity, Turkey is also a center of attraction in terms of genetic resources. This raises the issue of bio-smuggling, which is a significant problem that threatens both the biodiversity and the economic future of the country. The insufficiency of legal, political and institutional systems are a major determining factor on the problem of bio-smuggling in Turkey. Although there are 50 different legislations (11 different international conventions, 14 different laws, 2 different statutory decrees, and 23 different specific regulations) germane to bio-smuggling, between 2002 and 2015 59 incidents of bio-smuggling were documented. Prevention of bio-smuggling in Turkey has remained low and insufficient. With this study, we will review and examine several case examples: legal ramifications of combatting bio-smuggling; pertinent national regulations; legal and administrative sanctions against bio-smuggling and their effectiveness.
      PubDate: 2018-09-14
      DOI: 10.1007/s10611-018-9794-7
       
  • Education or enforcement' Enrolling universities in the surveillance
           and policing of migration
    • Authors: James P. Walsh
      Abstract: This article examines the enlistment of educational providers in the surveillance and policing of non-citizen students. Employing the USA, UK, and Australia as cases, it situates efforts that render universities responsible for managing migrant “illegality” in broader trends concerning legal control and security governance. In particular, it analyzes the development of electronic surveillance and information-sharing systems that mobilize the knowledge, energies, and access of educational providers for the purposes of identification, tracking, and reporting. University personnel’s conscription as de facto border guards accentuates the pluralization of migration policing, highlighting how techniques of governance and surveillance are effectuated through quotidian actors and sites positioned beyond the sovereign state. By drawing universities into the orbit of territorial gatekeeping and interior enforcement, emergent policies are producing numerous tensions, whether in relation to their officially stated objectives or transformations in higher education’s character, ethos, and mission and their implications for non-citizens’ legal and social identities. Alongside enhancing understandings of migration control, this paper advances conversations regarding the increasingly networked, pre-emptive, and ubiquitous qualities of social ordering and control.
      PubDate: 2018-09-08
      DOI: 10.1007/s10611-018-9792-9
       
  • The role of costs, benefits, and moral judgments in private-to-private
           corruption
    • Authors: Krista Jaakson; Lars Johannsen; Karin Hilmer Pedersen; Maaja Vadi; Gaygysyz Ashyrov; Anne Reino; Mari-Liis Sööt
      Abstract: Private-to-private corruption has no direct victim and is therefore difficult to combat. Yet it undermines market competition, impedes growth, and sets development at risk. Therefore, knowledge about the reasons for committing crimes is necessary for changing corrupt practices within private sector. This article explores business managers’ perceptions of the extent of bribing within their lines of business and possible explanations for these perceptions. We analyze a survey of 1000 managers of private companies in Denmark and Estonia using structural equation models. Comparing two behavioral causes for bribes, a rational choice theory and a cognitivist theory of action, which adds moral judgment to instrumental rationality, we find that managers find corruption less common when they see it as a breach of their own moral judgment. Costs of bribing do not matter and benefits from bribing play a marginal role in the perceived extent of bribing. Context is also important: managers in Denmark and outside capital cities in both countries deem bribing less common and this is not because they are personally less tolerant of bribing. The implication of this study is that fostering condemnatory attitudes toward private-to-private corruption should be a standard act in combating this form of corporate crime.
      PubDate: 2018-09-03
      DOI: 10.1007/s10611-018-9790-y
       
 
 
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