The Politics of Sexual Psychopathy: Washington State\u27s Sexual Predator Legislation

What are the principles that guide this return to indeterminacy? Taken at face value, rehabilitation would seem to be the goal of the civil commitment provisions that make avail- able a treatment program to cure and reintegrate sexual offenders. Of course, rehabilitation was unequivocally rejected by determinate sentencing reformers, who considered it both discriminatory and ineffective.6 An alternative interpretation is that the sexual predator provisions lead in an incapacitative direction-that is, they are designed to predict which offenders are so dangerous that they must be more or less permanently institutionalized to protect the society. Either way, the sexual predator legislation amounts to a repudiation of desert based, determinate sentencing based on the principle that sentencing has to do with past rather than future crimes. How are we to account for this retreat from the principles of determinate sentencing? The retreat may be viewed as an isolated exception or as an indication of a shift in sentencing philosophies. Regardless of which approach best describes the retreat from determinate sentencing, our objective is to under- stand the criminological assumptions and political forces that drive the sexual predator legislation. This Article focuses on the political process and, in particular, on the role of victim advocacy. We also want to situate the sexual predator provisions criminologically-that is, to understand the criminological argument in favor of these provisions and to explore the societal implications of moving sentencing in this direction

Crime, policing and social order: on the expressive nature of public confidence in policing

Public confidence in policing is receiving increasing attention from UK social scientists and policy-makers. The criminal justice system relies on legitimacy and consent to an extent unlike other public services: public support is vital if the police and other criminal justice agencies are to function both effectively and in accordance with democratic norms. Yet we know little about the forms of social perception that stand prior to public confidence and police legitimacy. Drawing on data from the 2003/2004 British Crime Survey and the 2006/2007 London Metropolitan Police Safer Neighbourhoods Survey, this paper suggests that people think about their local police in ways less to do with the risk of victimization (instrumental concerns about personal safety) and more to do with judgments of social cohesion and moral consensus (expressive concerns about neighbourhood stability, cohesion and loss of collective authority). Across England and Wales the police may not primarily be seen as providers of a narrow sense of personal security, held responsible for crime and safety. Instead the police may stand as symbolic 'moral guardians' of social stability and order, held responsible for community values and informal social controls. We also present evidence that public confidence in the London Metropolitan Police Service expresses broader social anxieties about long-term social change. We finish our paper with some thoughts on a sociological analysis of the cultural place of policing: confidence (and perhaps ultimately the legitimacy of the police) might just be wrapped up in broader public concerns about social order and moral consensus

How equal is equality? Discussions about same-sex marriage in Portugal

In Portugal, public and political discussions about same-sex marriage have been going on since the 1990s. In 2010, same-sex marriage was legalized under intense dispute since it excludes same-sex couples from adoption and reproductive rights. During parliamentary debates, political parties and civil organizations linked to the Catholic Church resorted to conflicting ideas of ‘equality’ and ‘difference’ to advance their claims. In this article, we analyse the contents of petitions, bills and parliamentary proceedings concerning the legal recognition of same-sex unions, highlighting the presence of conflicting notions of equality linked to pervasive beliefs about the inadequacy of homo-erotic desire and practices

From Rights to Claims: The Role of Civil Society in Making Rights Real for Vulnerable Workers

This article examines the contextual factors driving legal mobilization of workers in the United States through an analysis of national origin discrimination charges under Title VII of the 1964 Civil Rights Act (2000-2005). Consistent with previous studies, this analysis confirms that high unemployment levels and weak labor protections promote legal mobilization. The findings also highlight the positive role that civil society may play in promoting claims-making. I argue that nongovernmental organizations fill the gap in places where organized labor is weak, and may help support claims-making particularly in places with a larger vulnerable workforce. The article concludes by offering suggestions for a renewed sociolegal research agenda that examines the role of 501c(3) civil society organizations for the legal mobilization of an increasingly non-unionized and immigrant workforce

Frontline safety: understanding the workplace as a site of regulatory engagement

The concept of frontline safety encapsulates an approach to occupational health and safety that emphasizes the 'other side of the regulatory relationship' – the ways in which safety culture, individual responsibility, organizational citizenship, trust, and compliance are interpreted and experienced at the local level. By exploring theoretical tensions over the most appropriate way of conceptualizing and framing frontline regulatory engagement, we can better identify the ways in which conceptions of individuals (as rational, responsible, economic actors) are constructed and maintained through workplace interactions and decision-making, as part of the fulfilment of the ideological and constitutive needs of neoliberal labor markets

Telling stories about European Union Health Law: The emergence of a new field of law

The ideational narrative power of law has now solidified, and continues to solidify, ‘European Union health law’, into an entity with a distinctive legal identity. EU health law was previously seen as either non-existent, or so broad as to be meaningless, or as existing only in relations between EU law and health (the ‘and’ approach), or as consisting of a body of barely or loosely connected policy domains (the ‘patchwork’ approach). The process of bringing EU health law into being is a process of narration. The ways in which EU health law is narrated (and continues to be narrated) involve three main groups of actors: the legislature, courts and the academy

The Spectacle of Crime, Digitized

International audienceOne of the most significant features of the television series CSI: Crime Scene Investigationis its central preoccupation – forensic evidence – and the profession practised by its major characters – forensic science. Scientific inscriptions consistently allow the crime scene investigators (CSIs) to determine 'evidence' and 'truths' that otherwise elude them. At the same time, the dazzling digital effects used to punctuate key moments in each episode inevitably reference scientific technologies and the knowledge about reality that these promise. The success of the CSIs in every episode is premised upon knowledge guaranteed by scientific inscriptions and is itself an inscription of ways of seeing human bodies and the social body, represented by police scientists working to ensure public safety – a healthy social body. And it is also about how bodies, individual and social, are constituted as information, made knowable and validated by scientific instruments and procedures used to produce evidence

Regulating E-Cigarettes: Why Policies Diverge

This paper, part of a festschrift in honor of Professor Malcolm Feeley, explores the landscape of e-cigarette policy globally by looking at three jurisdictions that have taken starkly different approaches to regulating e-cigarettes—the US, Japan, and China. Each of those countries has a robust tobacco industry, government agencies entrusted with protecting public health, an active and sophisticated scientific and medical community, and a regulatory structure for managing new pharmaceutical, tobacco, and consumer products. All three are signatories of the World Health Organization’s Framework Convention on Tobacco Control, all are signatories of the Agreement on Trade-Related Aspects of Intellectual Property Rights, and all are members of the World Trade Organization. Which legal, economic, social and political differences between the three countries explain their diverse approaches to regulating e-cigarettes? Why have they embraced such dramatically different postures toward e-cigarettes? In seeking to answer those questions, the paper builds on Feeley\u27s legacy of comparative scholarship, policy analysis, and focus on law in action