Working in Misdemeanorland

2019 ◽  
pp. 99-140
Author(s):  
Issa Kohler-Hausmann
Keyword(s):  
Field Theory ◽  
Criminal Law ◽  
Criminal Court ◽  
Broken Windows ◽  
Logic Of Action ◽  
Collective Actors ◽  
The Face ◽  
Flow Through ◽  
Creative Problem ◽  
And Performance

This chapter explores why criminal court actors turn to using the tools of criminal procedure and criminal law to sort, regulate, test, and manage the populations that flow through misdemeanorland. It looks at why this is done instead of adjudicating individual guilt and innocence. Drawing on organizational and field theory, the chapter examines those features of misdemeanor justice that allow for the flourishing of a managerial as opposed to adjudicative modality of criminal law administration. The analytic of the field is helpful because it allows us to understand how a pattern of activity and logic of action emerge not just from the formal goals of organizations, but from the structure of constraints actors face in a particular setting and from the precise ways individual and collective actors interact in their daily affairs. The disposition patterns and reliance on marking, procedural hassle, and performance as penal techniques can be understood as a result of creative problem solving in the face of the specific dilemmas and practical circumstances of doing legal work in misdemeanorland in the era of Broken Windows policing.

scholarly journals The trial’s the thing: Performance and legitimacy in international criminal trials

2018 ◽  
Vol 24 (2) ◽  
pp. 241-257
Author(s):  
Kate Leader
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Criminal Trials ◽  
And Performance ◽  
The Relationship ◽  
International Criminal Trials

This article explores the relationship between performance and legitimacy in international criminal trials through the lens of the International Criminal Court (ICC). I begin by analysing the deployment of theatrical tropes by different legal scholars, such as Hannah Arendt, and David Luban, arguing that such analogies serve as a policing mechanism for the author to distinguish what they perceive to be the ‘good’ or ‘bad’ theatre of the trial. I then move beyond analogy, drawing on legal sociology and performance theory to read the criminal trial as ritual-like, normative performance. Using the ICC as a case study, I will examine how performance is deployed to create, reinforce and naturalize the role of the ICC in international criminal law. Through focusing on issues of performance and community I offer a different way of looking at what may constitute legitimacy in international criminal law from that which is offered by other legal scholars.

Victim or Villain: Exploring the Possible Bases of a Defence in the Ongwen Case at the International Criminal Court

2017 ◽  
Vol 17 (1) ◽  
pp. 186-207 ◽  
Author(s):  
Windell Nortje
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Child Soldier ◽  
Legal Questions ◽  
The Face ◽  
The One ◽  
Mitigating Factor ◽  
The Impact

The reality of child soldiers who join rebel forces once they reach adulthood presents complex legal questions in the face of contemporary international criminal law principles which, on the one hand, afford protection to all children, and on the other, unequivocally call for the prosecution and punishment of those who are guilty of committing serious crimes. Currently, the case of Dominic Ongwen before the icc raises contentious issues, including whether or not international criminal law permits the consideration of factors, such as the impact of the experiences as a child soldier on future conduct, when he is prosecuted for allegedly committing crimes during adulthood. This article specifically examines whether Ongwen’s experiences as a child soldier could serve as a possible defence and/or as a mitigating factor.

Epistemic self-esteem of philosophers in the face of philosophical disagreement

Human Affairs ◽  
2020 ◽  
Vol 30 (3) ◽  
pp. 328-342
Author(s):  
László Bernáth ◽  
János Tőzsér
Keyword(s):  
Self Esteem ◽  
Moderate Level ◽  
Significant Extent ◽  
Fourth Section ◽  
Philosophical Beliefs ◽  
Low Level ◽  
The Third ◽  
Epistemic Peers ◽  
The Face ◽  
And Performance

AbstractOur paper consists of four parts. In the first part, we describe the challenge of the pervasive and permanent philosophical disagreement over philosophers’ epistemic self-esteem. In the second part, we investigate the attitude of philosophers who have high epistemic self-esteem even in the face of philosophical disagreement and who believe they have well-grounded philosophical knowledge. In the third section, we focus on the attitude of philosophers who maintain a moderate level of epistemic self-esteem because they do not attribute substantive philosophical knowledge to themselves but still believe that they have epistemic right to defend substantive philosophical beliefs. In the fourth section, we analyse the attitude of philosophers who have a low level of epistemic self-esteem in relation to substantive philosophical beliefs and make no attempt to defend those beliefs. We argue that when faced with philosophical disagreement philosophers either have to deny that the dissenting philosophers are their epistemic peers or have to admit that doing philosophy is less meaningful than it seemed before. In this second case, philosophical activity and performance should not contribute to the philosophers’ overall epistemic self-esteem to any significant extent.

Studies on the storage of potatoes. III. The composition of the atmosphere in a potato clamp

1950 ◽  
Vol 40 (3) ◽  
pp. 227-232 ◽  
Author(s):  
E. M. Crook ◽  
D. J. Watson
Keyword(s):  
Multiple Regression ◽  
Wind Velocity ◽  
Practical Importance ◽  
Oxygen Depletion ◽  
Unsaturated Compounds ◽  
The Face ◽  
Flow Through ◽  
The Mean ◽  
Oxygen Concentrations

The CO2 concentration in the atmosphere of a potato clamp varied between 0·06 and 0·86%. The sum of CO2 and oxygen concentrations remained approximately constant at 21%. The CO2 concentration increased with time from December to April. This was attributed to increase in the rate of respiration of the potatoes caused by rise of temperature. Wind blowing in the direction normal to the face of the clamp reduced the COa concentration, presumably by causing external air to flow through the clamp coverings. A multiple regression of CO2 concentration on temperature of the potatoes at the time of sampling, and on the mean component of wind velocity normal to the clamp face estimated over a period of 3 hr. before the time of sampling, accounted for 64% of the variance between sampling occasions.Unsaturated compounds were detected in the clamp atmosphere by absorption in bromine; the concentration of these, expressed as ethylene, varied between 0·004 and 0·025%.The magnitude of CO2 accumulation and oxygen depletion in the clamp atmosphere was too small to produce effects of practical importance on the storage behaviour of the potatoes. If the unsaturated compounds were ethylene, the concentration present was sufficient to cause appreciable retardation of sprouting.

Preserving Integrity in the Face of Performance Threat

2012 ◽  
Vol 23 (12) ◽  
pp. 1455-1460 ◽  
Author(s):  
Lisa Legault ◽  
Timour Al-Khindi ◽  
Michael Inzlicht
Keyword(s):  
Error Detection ◽  
Error Monitoring ◽  
Error Related Negativity ◽  
Threatening Information ◽  
Electrophysiological Responses ◽  
The Face ◽  
And Performance ◽  
The Impact ◽  
The Brain

Self-affirmation produces large effects: Even a simple reminder of one’s core values reduces defensiveness against threatening information. But how, exactly, does self-affirmation work? We explored this question by examining the impact of self-affirmation on neurophysiological responses to threatening events. We hypothesized that because self-affirmation increases openness to threat and enhances approachability of unfavorable feedback, it should augment attention and emotional receptivity to performance errors. We further hypothesized that this augmentation could be assessed directly, at the level of the brain. We measured self-affirmed and nonaffirmed participants’ electrophysiological responses to making errors on a task. As we anticipated, self-affirmation elicited greater error responsiveness than did nonaffirmation, as indexed by the error-related negativity, a neural signal of error monitoring. Self-affirmed participants also performed better on the task than did nonaffirmed participants. We offer novel brain evidence that self-affirmation increases openness to threat and discuss the role of error detection in the link between self-affirmation and performance.

Repräsentationen von Massengewalt

2017 ◽  
Author(s):  
Joachim C. Savelsberg
Keyword(s):  
Field Theory ◽  
Comparative Analysis ◽  
Criminal Law ◽  
International Criminal ◽  
Humanitarian Aid ◽  
International Criminal Law ◽  
Mass Violence ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Foreign Ministries

With the expansion of international criminal law, the causation and exercise of mass violence is increasingly criminalized. However, the fields of humanitarian aid and diplomacy generate representations completely different from what criminal law suggests. A comparative analysis of eight countries reveals variable susceptibilities for these competing narratives. The empirical evidence is based on a content analysis of more than 3,000 newspaper articles on violence in Darfur and on interviews with African correspondents and specialists in non-governmental organizations and foreign ministries of the eight countries. The analysis suggests differentiations in argumentation concerning field theory as well as theories of globalization.

Sign in / Sign up

Export Citation Format

Share Document