Journal Cover Crime, Law and Social Change
  [SJR: 0.366]   [H-I: 27]   [418 followers]  Follow
    
   Hybrid Journal Hybrid journal (It can contain Open Access articles)
   ISSN (Print) 1573-0751 - ISSN (Online) 0925-4994
   Published by Springer-Verlag Homepage  [2353 journals]
  • National Integrity Systems – An evolving approach to anti-corruption
           policy evaluation
    • Authors: A. J. Brown; Finn Heinrich
      PubDate: 2017-09-19
      DOI: 10.1007/s10611-017-9707-1
       
  • Marital rape immunity in India: historical anomaly or cultural
           defence'
    • Authors: Deborah Kim
      Abstract: Abstract This paper will examine the legal position India holds today with respect to marital rape. It will first study how India’s criminal law has been shaped over the years: starting with its colonial common law inheritance from England, and with the development of the criminal law through its inclusion in Macaulay’s Code and continued retention in the Indian Penal Code 1860 (IPC). Outside the IPC, the law has not stood still. There have been recent reforms seeking to advance women’s rights to be free from family violence, such as The Protection of Women from Domestic Violence Act 2005 (PWDVA). After tracing the history of India’s legal responses, the paper will closely investigate the influence of broader Indian culture (claims based on patriarchy and religion) on rape law reform, finally making a case for abolition of the immunity based on the fundamental principle of equality, drawing on arguments from the human rights guarantees included in the Constitution of India, and India’s international legal obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
      PubDate: 2017-09-19
      DOI: 10.1007/s10611-017-9705-3
       
  • Corruption, anti-corruption and human rights: the case of Poland’s
           integrity system
    • Authors: Anna Krajewska; Grzegorz Makowski
      Abstract: Abstract Serious tensions can arise in a country’s integrity system when anti-corruption policy also poses a threat to fundamental values and standards under which a democratic state operates, in particular human and civil rights. This article examines these tensions using the case of Poland, where the risk arises, in particular, in situations of ‘moral panic’, where intense public and political discourse around a specific issue with a strong sense of threat to society also generates expectations that policy and decision makers will quickly solve the problem. With the Polish National Integrity System (NIS) assessment as a background, we examine the need and the scope for developing research and evaluation instruments which help reduce the risk that anti-corruption initiatives will undermine the basis of a democratic state, with recommendations in this regard.
      PubDate: 2017-09-13
      DOI: 10.1007/s10611-017-9710-6
       
  • Cultural specificity versus institutional universalism: a critique of the
           National Integrity System (NIS) methodology
    • Authors: Paul M. Heywood; Elizabeth Johnson
      Abstract: Abstract This article provides an assessment and critique of the National Integrity System approach and methodology, informed by the experience of conducting an NIS review in Cambodia. It explores four key issues that potentially undermine the relevance and value of NIS reports for developing democracies: the narrowly conceived institutional approach underpinning the NIS methodology; the insufficient appreciation of cultural distinctiveness; a failure properly to conceptualise and articulate the very notion of ‘integrity’; and an over-emphasis on compliance-based approaches to combating corruption at the expense of the positive promotion of integrity. The article seeks to offer some pointers to how the NIS approach could be adapted to broaden its conceptualisation of institutions and integrity, and thereby provide reports that are more theoretically informed as well as being more constructive and actionable.
      PubDate: 2017-09-13
      DOI: 10.1007/s10611-017-9709-z
       
  • Twisting trust: social networks, due diligence, and loss of capital in a
           Ponzi scheme
    • Authors: Rebecca Nash; Martin Bouchard; Aili Malm
      Abstract: Abstract This paper examines a pre-planned fraud which ran undetected for more than five years and deceived 2285 investors for $240 million. We seek to uncover the effects of trust in social ties and conducting due diligence on 1) an investor’s initial amount of investment and 2) their overall loss of capital. Using data from a survey of 559 victims, we conduct two linear regression models to test for effects on investors’ amount of initial investments and their total net loss. By using two dependent variables, we examine effects of social ties and performing due diligence at the beginning stage and end stage of a Ponzi scheme. Performing due diligence and relying on information provided by industry professionals increased initial investments, while having performed due diligence also increased investors’ loss of capital at the end of the fraud, suggesting both social ties and due diligence contributed to fraud victimization. The findings are interpreted within the context of a particularly sophisticated fraud where document falsification was almost impossible to detect, contributing to a false sense of security among victims.
      PubDate: 2017-09-06
      DOI: 10.1007/s10611-017-9706-2
       
  • Energy and the Anthropocene: security challenges and solutions
    • Authors: Jan Froestad; Clifford Shearing
      Abstract: Abstract This paper explores the role that energy regimes, and the search for energy security, has had in shaping humans and their societies, and the effects thereof. Energy enrolments through the domestication of plants and animals and the extraction and burning of increasingly energy- rich fuels enabled humans to build ever more productive and formidable societies, but also more complex and divided ones. Social stratification, combined with the new risks caused by the more intense interactions and entanglements that emerged between humans and nature, has culminated in the global environmental crises that humans are now facing. We conclude by arguing that an escape route from the destructive consequences that fossil fuel energy regimes have had for humans and their ecological security is provided by the emergence of electrical civilizations and the potential this provides for integrating energy and ecological securities.
      PubDate: 2017-08-17
      DOI: 10.1007/s10611-017-9700-8
       
  • Foreword
    • Authors: Alina Mungiu-Pippidi
      PubDate: 2017-08-14
      DOI: 10.1007/s10611-017-9692-4
       
  • Securing ourselves from ourselves' The paradox of
           “entanglement” in the Anthropocene
    • Authors: Scott Hamilton
      Abstract: Abstract The Anthropocene presents new challenges to the natural and social sciences by claiming that humanity is “entangled” with a myriad of scales, spaces, being(s), and temporalities. Yet, how does this entanglement alter our understanding of security' This article argues that the Anthropocene threatens not our physical security, but our ontological security: our deep and normalized conceptions of humanity and what it means to be a human “self” in a stable and continuous world. By replacing the foundation of ontological security in modernity – the uncertainty of death – with a new uncertainty of anthropos, the result is an existential discontinuity emanating from our own human selves. The Anthropocene thus manifests the need to secure humanity from humanity, or the paradox of securing oneself from oneself. Recent turns to the concept of “quantum entanglement” attempt to resolve this paradox by re-instilling a certain and secure “entangled” human self within an otherwise uncertain and insecure Anthropocene epoch. The article concludes that this move actually illustrates humanity’s separation, or dis-entanglement, from nature. Ethical and moral responsibilities to mediate and safeguard life and the planet derive not from (quantum) science nor from entanglement, but from a social world within which humans possess the agency to mediate and judge how to act through such concepts.
      PubDate: 2017-07-29
      DOI: 10.1007/s10611-017-9704-4
       
  • When do anticorruption laws matter' The evidence on public integrity
           enabling contexts
    • Authors: Alina Mungiu-Pippidi; Ramin Dadašov
      Abstract: Abstract This paper asks if there is evidence that the most common legislation recommended and used in the current anticorruption toolkit is effective in reducing corruption and if specific contexts can be identified which enable or disable effective legislation for control of corruption. The paper draws on documented public accountability and anticorruption tools from the PAM, the public accountability mechanisms database of the World Bank, and documents additional ones, including an index of anticorruption regulatory density, comprising anticorruption agencies, existence of an Ombudsman, restrictions to party finance legislation and others. While only fiscal transparency and financial disclosures are found to be significant, the interaction of some tools with context elements, such as freedom of the press of independence of the judiciary enhances their impact. The paper argues finally that the effectiveness of some anticorruption tools is strictly dependent on context, especially the existence of the rule of law, while others remain fully insignificant.
      PubDate: 2017-07-27
      DOI: 10.1007/s10611-017-9693-3
       
  • From persons and their acts to webs of relationships: some theoretical
           resources for environmental justice
    • Authors: Mariana Valverde
      Abstract: Abstract Naming the “Anthropocene” as the spatiotemporality in which we live is a theoretical action that resonates with two separate traditions that can, for a limited purpose, be brought into relation with one another. The first is that identified with Foucault’s work, which is anti-humanist in a post-structuralist manner. The second is a set of ideas and resources for thought and action developed by indigenous peoples, namely “indigenous legal traditions”, which are anti-humanist in a different way. I argue here that since both of these intellectual traditions begin by de-centering the classic liberal subject, and even de-centering “man”, they have some affinities. In both perspectives, action is seen as a feature of webs of relationships, rather than as the willed acts of the classic European “person”. Thus, borrowing from both of these could help to elaborate a framework for thinking about responsibility, action, and governance that does not reproduce the very anthropocentrism that underpinned the destructive exploitation of the environment.
      PubDate: 2017-07-26
      DOI: 10.1007/s10611-017-9702-6
       
  • Gift politics: exposure and surveillance in the anthropocene
    • Authors: Marc Schuilenburg; Rik Peeters
      Abstract: Abstract This article discusses the role of gift relations in the Anthropocene. We reinterpret Mauss’s original concept of the gift to understand its application and transformation in a social context that increasingly sees human behavior as a resource for the realization of governmental and corporate objectives. Contemporary gift relations focus on reciprocity through personal data instead of physical artifacts, and on promoting control and consumerism instead of forging moral and personal obligations. In our analysis, we distinguish two important elements. First, gifts are used to elicit voluntary exposure of personal data by individuals. In exchange for personal data, people are granted material or immaterial rewards. Second, gift relations have a pervasive element of surveillance that aims to influence behavior through personalized feedback or mechanisms of punishment and reward for good behavior.
      PubDate: 2017-07-24
      DOI: 10.1007/s10611-017-9703-5
       
  • From passengers to crew: introductory reflections
    • Authors: Cameron Harrington; Emma Lecavalier; Clifford Shearing
      PubDate: 2017-07-20
      DOI: 10.1007/s10611-017-9698-y
       
  • Entangling carbon lock-in: India’s coal constituency
    • Authors: Emma Lecavalier; Cameron Harrington
      Abstract: Abstract This article investigates how energy security in the Anthropocene is entangled in diffuse ways with materiality. In particular we examine the social-material entanglement of humans and coal in India and how coal manifests itself differently across social life in the country. Focusing on a single material allows us to study how the Anthropocene creates, and is created by, particular appropriations of the material world. It offers a corrective to some Anthropocene literature that avoids discussing the complex, “everyday,” social impacts that fossil fuels have, particularly in the developing world. These intertwined impacts add to the complexity and difficulty in the process of decarbonizing societies, or in transitioning to a sustainable energy future.
      PubDate: 2017-07-18
      DOI: 10.1007/s10611-017-9701-7
       
  • Transparency to curb corruption' Concepts, measures and empirical
           merit
    • Authors: Monika Bauhr; Marcia Grimes
      Abstract: Abstract Policymakers and researchers often cite the importance of government transparency for strengthening accountability, reducing corruption, and enhancing good governance. Yet despite the prevalence of such claims, definitional precision is lacking. As a consequence, approaches to measurement have often cast a wide net, in many cases tapping into the capacity of government institutions more generally, resulting in empirical findings that are ambiguous in terms of interpretation. This paper argues that the operationalization and measure of government transparency should be tailored to two main parameters of the phenomenon under investigation: the principals and purpose of the information. We advance a new measure of government transparency argued to be more suitable for the study of the role of government transparency with respect to probity. The data derive from a survey of public administration experts in 102 countries carried out by the Quality of Government Institute and allow for a more reliable analysis of the effects of transparency on reducing corruption, and the analyses suggest that an association indeed exists.
      PubDate: 2017-07-15
      DOI: 10.1007/s10611-017-9695-1
       
  • Food security and secure food in the Anthropocene
    • Authors: Scott Cameron Lougheed; Myra J. Hird
      Abstract: Abstract Discussions of the Anthropocene often position the human species as acting with such profound force as to have impacted the planet at a material, geological level. While frequently coupled with a view of human control and god-like status, we caution against a reading of the Anthropocene as an epoch of human geo-planetary control, certainty, and ecological interdependence. Instead we argue that the Anthropocene signifies a period of profound uncertainty and asymmetry in which our dependence on inhuman planetary forces is a defining attribute. We argue that food safety – specifically food recalls – effectively demonstrates this reading of the Anthropocene. We address two sides of securing the food system in North America: how food safety is defined, ensured, or compromised; and how unsafe food is subsequently managed as a waste product to be securely destroyed, or as a potential raw material to produce other commodities. We suggest that biopolitics is the primary means by which humans attempt to manage the fundamental uncertainty of the Anthropocene, while also shaping that very future.
      PubDate: 2017-07-14
      DOI: 10.1007/s10611-017-9699-x
       
  • Civil society and online connectivity: controlling corruption on the
           net'
    • Authors: Niklas Kossow; Roberto Martínez Barranco Kukutschka
      Abstract: Abstract Over the past years, an increasing number of studies have looked at the use of internet and communications technology (ICT) in the fight against corruption. While there is broad agreement that ICT tools can be effective in controlling corruption, the mechanisms by which they are doing this are much less clear. This paper attempts to shine some light on this relationship. It focusses on the role of ICT in empowering citizens and supporting civil society. It argues that enlightened citizens can use internet access and social media to inform themselves on corruption, mobilise support for anti-corruption movements and gather information in order to shine a lisght on particularistic practices. Defining corruption as a collective action problem, the paper provides quantitative evidence to support its claim that ICT can support collective action of an informed citizenry and thus contribute to the control of corruption.
      PubDate: 2017-07-10
      DOI: 10.1007/s10611-017-9696-0
       
  • Genocide and the ending of war: Meaning, remembrance and denial in
           Srebrenica, Bosnia
    • Authors: Klejda Mulaj
      Abstract: Abstract The occurrence of genocide during war is a serious security predicament facing humanity in modern times, producing civilian casualties measured in millions. The persistence of this heinous crime renders imperative understanding of the effects of genocide in the course of war and its aftermath, effects that this paper examines in the context of the Srebrenica genocide of July 1995—the darkest moment in European history since the Holocaust. In contributing to a deeper understanding of the relationship between genocide, war, and peace, the paper demonstrates how the Srebrenica genocide has been a factor both in the ending of the Bosnian War and the constitution of inter-ethnic relations in the ensuing peace. The analysis is grounded on a critical examination of the concept of genocide and its close connection with war. When embedded on asymmetrical relations of power, war can be conducive to genocide because it creates organizational, political, and psychological conditions that facilitate large scale killing of targeted people. Whilst in the course of war genocide benefits the perpetrators, in the aftermath of fighting genocide can lend credence to the victims’ community demands for recognition, accountability and redress. At the same time, the perpetrators and their community—frequently—deny genocide with the view to avoiding responsibility and reparations. The instrumental utility of genocide reflects rationales that go at the heart of enhancement of national identity and (contested) claims for political authority and legitimacy. More than twenty years after the Srebrenica genocide, these competitive and divisive claims do not bode well for Bosnia’s societal cohesion and transition to sustainable peace.
      PubDate: 2017-07-03
      DOI: 10.1007/s10611-017-9690-6
       
  • Evidence, corruption, and reform: the importance of context-sensitivity
    • Authors: Stephanie Trapnell; Francesca Recanatini
      Abstract: Abstract The types of corruption measures that practitioners find along the existing spectrum can complement each other, but have also posed challenges for policy makers and practitioners. We argue that these challenges have been characterized as conflict between precision and politics, which obscures the possibility for incorporating both aspects into corruption measurements. The paper presents a framework for evaluating corruption datasets in terms of their accessibility to a range of stakeholders, as well as their methodological design, potential for sustainability, and explicit link to reform actions. We believe that this exercise will dispel the myth that the gap between objectivity and inclusiveness is inevitable, and the findings will provide examples of how openness and reform action have been built into the design of some corruption datasets
      PubDate: 2017-06-27
      DOI: 10.1007/s10611-017-9697-z
       
  • Red tape, bribery and government favouritism: evidence from Europe
    • Authors: Mihály Fazekas
      Abstract: Abstract Red tape has long been identified as a major cause of corruption, hence deregulation was advocated as an effective anticorruption tool, an advice which many country followed. However, we lack robust systematic evidence on whether deregulation actually lowers corruption. This is partially due to the difficulty of defining what is good regulation, but also to the lack of theoretical clarity about which type of corruption regulations impact on and to the deficient measurement of different types of corruption. In order to address the latter two gaps, we differentiate petty corruption from government favouritism and propose novel measurement of the latter by developing two objective proxy measures of favouritism in public procurement: single bidding in competitive markets and a composite score of tendering ‘red flags’. Using publicly available official electronic records of over 2.5 million government contracts in 27 EU member states and two European Economic Area countries in 2009–2014, we directly operationalize a common definition of favouritism: unjustified restriction of access to public contracts to favour a certain bidder. Petty corruption is measured using business surveys while the extent of business regulation is measured by Doing Business expert assessment of precise regulatory costs. Using country-level panel regression analysis, we find that deregulation has a heterogeneous impact on both low and high level corruption. It is largely ineffective in tackling government favouritism, with business start-up deregulation even facilitating such corruption. Whereas deregulating the various channels through which governments and businesses interact (e.g. obtaining construction permits) often decreases the perception of bribery and petty corruption. Policy consequences are profound and point at a more targeted and context-dependent promotion of the deregulation agenda. Full public procurement database is available at http://digiwhist.eu/resources/data/.
      PubDate: 2017-06-21
      DOI: 10.1007/s10611-017-9694-2
       
  • New governance of corporate cybersecurity: a case study of the
           petrochemical industry in the Port of Rotterdam
    • Authors: Judith van Erp
      Abstract: Abstract The petro-chemical industry is a critical infrastructure that is vulnerable to cybercrime. In particular, industrial process control systems contain many vulnerabilities and are known targets for hackers. A cyberattack to a chemical facility can cause enormous risks to the economy, the environment, and public health and safety. This gives rise to the question how corporate cybersecurity has developed; how it is governed; and whether it should be subject to public oversight. This paper presents a case study of the governance of cybersecurity in the petrochemical industry in the Rotterdam Mainport area in the Netherlands, which reflects the ‘new governance’ view that cybersecurity can best be governed through voluntary public-private partnerships. The paper finds however that actual collaborative governance is not developing in the petrochemical industry in the port of Rotterdam; that corporate awareness and investment in cybersecurity stay behind standards, and that cybersecurity is not included in regulatory inspections. The paper places these findings in the context of three problems often associated with ‘new governance’ particularly pressing in cybersecurity governance: a weak role of government in public-private collaborative arrangements; an expectation that businesses will invest in self-regulation even in the absence of incentives to do so, and a lack of information exchange. In the port of Rotterdam, these problems result in a lack of obligations and accountability pressure on petrochemical corporations, leaving on of the most important chemical industrial hazards of today, largely unregulated.
      PubDate: 2017-06-03
      DOI: 10.1007/s10611-017-9691-5
       
 
 
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