In 1964, the British psychologist Hans Jürgen Eysenck published Crime and Personality, the book that set forth his theory of the criminal as a psychopathic poor conditioner. Crime and Personality went through three editions, and even those who vehemently rejected the theory acknowledged it as the most highly articulated and influential biological explanation of crime of its time. Yet today Eysenck’s name is fading from criminological memory - and none too soon, in the opinion of critics who continue to anathematize (...) him as a self-serving showman, charlatan, and dangerous right-wing conservative. This article addresses four questions. Who was Eysenck? What did he say about the causes of crime? Why was he (and why does he continue to be) such a controversial figure? And did he contribute any ideas of lasting significance to criminology? The answers open a window onto the late 20th-century revival of biocriminology, a return to biological explanations that continues into the present and seems to be accelerating. They also reveal characteristics of criminology itself as a knowledge enterprise that has changed over time. (shrink)
Historical outlines of fin-de-siècle European criminology have typically focused on the debate between supporters of Lombrosian anatomical determinism on the one hand, and the more environmentalist (i.e. French) explanations of crime on the other. What has gone largely unnoticed, however, is how the basic tenets of the 'French school' were shaped by an implicit moral concern with mass consumption and indi vidualism, particularly in regard to juvenile crime. This paper examines the psychosocial conception of the juvenile criminal - within (...) the par ticular context of fin-de-siècle culture, social theory and political ideol ogy - to delineate how French criminologists encountered economic modernity and reconceptualized their understanding of the relationship between the child, the family and the state. (shrink)
As a unique work of reference, The Cambridge Handbook of Australian Criminology covers the broad range of contemporary and historical subjects of criminology, combining statistical and narrative analyses. The book provides the most up-to-date figures and facts, traces historical trends in Australian crime and criminal justice, and comprehensively covers the key contemporary issues in Australian criminology. Including valuable crime statistics compiled by the Australian Bureau of Statistics, this book is the complete companion to Australian criminology - (...) the single most important resource for Australian criminology and criminal justice. (shrink)
Finance programs around the world have been revising their curricula following the Global Financial Crisis . While much of the debate has centred on the dominance of scientific and quantitative pedagogical approaches to finance education in business schools, one of the most egregious aspects uncovered during the deleveraging of the financial system was the scale and scope of finance crime and financial fraud . This paper argues that those “on the inside”, the professionals within the finance industry, have a central (...) role to play in safeguarding the ethics and integrity of financial markets. It is our conjecture that prevention and earlier detection of finance crime and financial fraud may be addressed, in part, by better educating finance professionals about these issues. We posit that the enormity of illegal activity uncovered in the wake of the GFC demands, as a matter of priority, the integration of criminological and criminal justice theory into the finance curriculum. (shrink)
In this unique collection, a distinguished group of social theorists reflect upon the ways in which crime and its control feature in the political and cultural landscapes of contemporary societies. The book brings together for the first time some of today's most powerful social analysts in a discussion of the meaning of crime and punishment in late-modern society. The result is a stimulating and provocative volume that will be of equal interest to specialist criminologists and those working in the fields (...) of social and cultural studies. (shrink)
This book discusses a range of crimes of the powerless as well as crimes of the powerful. Against conventional analysis of criminal behaviour as a result of social disadvantage, unemployment, or lack of resources, the author argues that abundance of opportunities and resources may lead to specific forms of criminality. The originality of this book lies in its joint analysis of `crimes in the street' and `crimes of the elite'.
This article asked for the nexus that unites the scientific research with criminology investigation and the aspects that separate them. From this basic premise, it sets out like central objective, to describe similarities and differences between both classes of investigation, with special emphasis..
Over the past few years, universities in Lithuania have make changes to the legal study programs—obligatory subject Criminology moved to list of alternative optional subjects. Therefore, is increasing the number of new lawyers, who have not studied criminology, which thinking about criminals, crime victims, crime, its causes and successful impact on crime, is based on stereotype understanding of a few centuries ago. However, the new lawyers, being professionals, pre-trial investigators, advocates, prosecutors, judges play a crucial role in criminal (...) proceedings, to decide the fate of people, how to use public resources for crime control and prevention. They will make speeches during the hearing in courts savour of their complete incomprehension of processes speaking about. Purpose of the article is to assess what criminological competencies are important to lawyers today, what are the possible consequences for the Lithuanian society if lawyers do not acquire these competencies. There are used the methods of analysis, aggregation, comparison and others. (shrink)
In attempting to develop a Marxist theory of crime and criminal law we are handicapped by the fact that Karl Marx did not devote himself very systematically to such a task. There are nonetheless, several places in his analysis of capitalism where Marx did direct his attention to criminality and law. Furthermore, the logic of the Marxian theory makes it possible to extrapolate from the theory to an analysis of crime and criminal law in ways that are extremely useful. Thus, (...) in what follows the author will be focusing on the implications of the Marxist paradigm as well as relying heavily on those Marxist writings that directly addressed these issues. As with the general Marxist theory, the starting point for the understanding of society is the realization that the most fundamental feature of people lives is their relationship to the mode of production. The mode of production consists of both the means of production and the relationship of different classes to the means of production-whether they own them or work for those who do. Since ultimately, the only source of an economic surplus is that amount of goods which is produced beyond what the worker consumes, then the distinction between those who own and those who work for others is crucial to understanding the control of the surplus in the society. (shrink)
The 2003 National Business Ethics Survey, conducted by the Ethics Resource Center, found that respondents who were both young and had short organizational tenure were substantially less likely than other respondents to report misconduct that they observed in the workplace to an authority. We propose that the life-course model of deviance can help account for this attenuation of acquiescence in misbehavior. As employees learn to perceive informal prosocial control during their socialization into the workforce, we hypothesize that they will become (...) more willing to blow the whistle on misconduct. Analysis of the 2003 NBES (n = 1,417, with a subset of 314 who observed misconduct) reveals that young and short-tenured employees do perceive less informal prosocial control, and that informal prosocial control does boost whistle-blowing; however, tests for mediation of the relationship between youth and short-tenure and whistle-blowing by informal social control were largely negative, suggesting that other explanations are still needed. (shrink)
How are we to understand criminal law reform? The idea seems simpleâthe criminal law on the books is wrong: it should be changed. But 'wrongâ how? By what norms 'wrongâ? As soon as one tries to answer those questions, the issue becomes more complex. One kind of answer is that the criminal law is substantively wrong: that is, we assume valid norms of background political morality, and we argue that doctrinally the criminal law on the books does not embody those (...) norms. Another kind of answer is that the criminal law as it stands presupposes certain empirical facts, and yet those facts do not hold. Traditionally, criminal law reform has been informed by both these answers. Analytical theorists examine doctrine for its conceptual structure, and social scientists examine the actual workings of the criminal justice system. This tidy picture is, however, challenged by social constructivist accounts of the criminal law. They challenge the stability and conceptual purity of doctrine, and they challenge the objectivity of social science. On the basis of these challenges, they undermine the ambitions of traditional criminal law reform, and argue that the only reforms to the criminal law that matter are politicized onesâthat criminal law reform is pointless unless it serves the interests of the marginalized and the dispossessed. It seems undeniable that in some sense our perceptions of crime in our society are indeed moulded by social forces, and that crime does not exist independently of the social structures and processes that help to define and control it. But why should those insights have the implications for our understanding of criminal law reform that they are alleged to have? How could it follow from those insights that criminal law reform either becomes radicalized or valueless? The aim of this paper is to show that what can legitimately be taken from the emphasis on the social constructedness of crime does not require wholesale abandonment of the traditional picture of criminal law reform, even though it may require some modifications of that picture. (shrink)
Aristotle’s virtue ethics can teach us about the relationship between our habits and our actions. Throughout his works, Aristotle explains much about how one may develop a virtuous character, and little about how one might change from one character type to another. In recent years criminal law has been concerned with the issue of recidivism and how our system might reform the criminals we return to society more effectively. This paper considers how Aristotle might say a vicious person could change (...) and what a penal system could do to facilitate such a transformation. It discusses how previous attempts to rehabilitate criminals may have failed because they do not address habit in the way that Aristotle advocates. This paper concludes that a rehabilitative model that addresses habit more aggressively than previous methods might be required to soften the hardest criminals. (shrink)
Intersectional scholarship has become increasingly important, largely because it is more nuanced than scholarship emphasizing only class, race, or gender. Much intersectional scholarship is limiting, however, in curtailing our conceptualizations of how many intersecting identities might be relevant for explaining crime. The older literature on deviant subcultures, including gang studies, actually addressed issues of intersectionality, and in a less restrictive manner, also acknowledging the importance of youth and neighborhood ecology. Drawing on early and more recent subcultural scholarship, the theoretical importance (...) of Weberian and ethnomethodological themes is illustrated, suggesting the value of closely empirical research sensitive to theoretical issues including how social categories are used in explaining crime and how patterns of offending are carried by individuals subject to categorization. (shrink)
In this paper, we determine whether illegal hunting should be construed as a crime of dissent. Using the Nordic countries as a case study where protest-driven, illegal hunting of protected wolves is on the rise, we reconsider the crime using principles of civil disobedience. We invoke the conditions of intentionality, nonevasion, dialogic effort, non-violence and appeal to parameters of reasonable disagreement about justice and situate the Nordic illegal hunting phenomenon at a nexus between conscientious objection, assisted disobedience and everyday resistance. (...) This examination leads us to contend that the crime has heretofore received an inadequate response limited to punishment and deterrence. This contention finds support in the worsening predicaments of illegal hunting following harsh sanctions and stigmatization. Although hunters publicize injustices through their crimes, we find that killing wolves as a means to deliberative ends disqualifies hunters’ dissent as legitimate disobedience, creating an obligation of deliberative uptake on the part of society. Nonetheless, in a critical contribution to the field of criminal justice, we argue that it is instead the conditions of deliberative suboptimality experienced by hunters that create this obligation of uptake. Hence, in order to fulfill this obligation, we contend that the burden falls on regulatory agencies to better articulate the justifications for the policies that coerce hunters. We also advocate creating novel institutions to provide hunters with effective opportunities for contesting wildlife conservation directives. (shrink)
La reflexión en materia penal ha sido centrada, específicamente, en ciertos discursos considerados “oficiales”, entre los que se consideran los pensamientos ilustrados. Desde ahí arrancan las concepciones modernas acerca del sistema penal europeo, y en gran parte, las legislaciones actuales sobre la materia en el mundo occidental. Sin embargo, no todo el pensamiento penal tiene por canónicas las consideraciones penales ilustradas ni las concepciones clásicas sobre el derecho penal. El presente artículo tiene por finalidad exponer un pensamiento crítico del sistema (...) penal europeo, tanto de sus raíces iluministas, como de su herencia en las sociedades occidentales contemporáneas. Este pensamiento es el del filósofo y psicólogo francés Michel Foucault. Las críticas, interpretaciones y sospechas que el autor arroja, bien pueden ser consideradas en el hoy, sobre todo si pensamos en la resurrección desde la década del 80 y 90 del siglo pasado, de concepciones que hacen resurgir los modelos ilustrados que en el derecho penal se han producido, reconociéndose la escuela del derecho penal mínimo como su máxima tributaria. Esto de algún modo ha incidido a su vez en el pensamiento penal en Chile y su derecho. (shrink)
A consideration of the concept of repentance both theologically and in law. Penance generally refers to repentance or contrition for sin. It refers, more particularly in the Orthodox and Roman Catholic traditions, to a sacrament, or an outward sign of an inward grace. In these traditions, the authority for regarding penance a sacrament is scriptural: “As the Father hath sent me, I also send you. When He had said this, He breathed on them; and He said to them: Receive ye (...) the Holy Ghost. Whose sins you shall forgive, they are forgiven them; and whose sins you shall retain, they are retained” (John 20:21–23). In both traditions this is ordinarily interpreted as Christ's grant of power to the apostles in keeping with his own acts of explicitly forgiving sin (Matthew 9:2–8; Luke 5:20, 7:47; Revelation 1:5). St. Augustine affirms that the church has the power to “forgive all sins” and urges the faithful to reject those who would deny it. St. Ambrose rejects the Novatianists, who believe the power to forgive sin lies with Christ alone, with the observation that “the Church obeys Him in both respects, by binding sin and by loosing it; for the Lord willed that for both the power should be equal” (De Poenitentiae, I, ii,6). (shrink)
The article briefly approaches some questions on the main penal theories that they turn around the determination of the penalty in the sentenced ones of codified legal systems, being jurisdictional processes, among them, the theory of the danger of Cesar Lombroso. The tendency of these criminal po..
As a domain of philosophical enquiry that examines what it means to be, existentialism is a moral project that is centered on the self. While a few have applied the precepts of existentialism to the philosophical implications of homicide offenders, one question that has been overlooked in previous literature is 'what is the offspring attempting to do by killing his/her parent(s)'? Using historical work on nineteenth century parricides in America, this paper examines parricide as an identity project.
Given the resurgence of scientific studies on the etiology of homosexuality in the wake of the AIDS epidemic, this article considers the effects these studies had on contemporaneous queer filmmakers. By using the subject of criminality as a way to talk about homosexual causality, queer films of the 1990s illustrate that contemporary scientific studies on homosexuality were historically and politically situated in relation to cultural anxieties about other forms of deviance. This article focuses on films that dissect the hetero-normative tendency (...) to amalgamate forms of deviance in order to distinguish between the diseased and the healthy. Such products of New Queer Cinema highlight this amalgamation of criminality and homosexuality in order to challenge demands by the LGBT community of the 1980s and 1990s for “more positive images” in film. This article argues that queer filmmakers have manipulated the image of the queer criminal to usurp the medical tendency to biologize and pathologize the notion of queer transgression. In such a way, queer films that enthusiastically dramatize the queer outlaw perpetuate myths about homosexuality in order to dissect and discredit them. (shrink)
In this sense the collection offers a model of how international collaborative work should proceed. The book is the product of a workshop held at the International Institute for the Sociology of Law (IISL) in Onati, Spain.