Collective Action and the Criminal Law

Author(s):  
Christopher Kutz
2020 ◽  
Vol 20 (4) ◽  
pp. 31-57
Author(s):  
Zhenjie Zhou

Recent criminal law reforms in China show a noticeable preventive character by criminalizing preparatory activities, lowering conviction threshold and imposing crime prevention obligation on legal persons, especially internet service providers. Timely preventive penalization is necessary because it responds to requirement of modern society to prevent invisible yet destructive risks in almost every corner of industrial activities. Meanwhile, preventive penalization puts criminal law and citizens in danger too, because punishing formally unlawful conducts that cause no harm to society leads to not only injustice in criminal justice but also ineffective allocation of precious resources. Chinese legislation gives enough space and choices to judiciary to prevent adverse impact of preventive penalization in practice. Unfortunately, the absence of a common recognition of its obligation and collective action shows that there is still a long way to go before establishment of a check and balance mechanism between seemingly unstoppable preventive penalization and criminal justice.


2014 ◽  
Vol 38 (01) ◽  
pp. 76-101
Author(s):  
PETER M. SANCHEZ

AbstractThis paper examines the actions of one Salvadorean priest – Padre David Rodríguez – in one parish – Tecoluca – to underscore the importance of religious leadership in the rise of El Salvador's contentious political movement that began in the early 1970s, when the guerrilla organisations were only just beginning to develop. Catholic leaders became engaged in promoting contentious politics, however, only after the Church had experienced an ideological conversion, commonly referred to as liberation theology. A focus on one priest, in one parish, allows for generalisation, since scores of priests, nuns and lay workers in El Salvador followed the same injustice frame and tactics that generated extensive political mobilisation throughout the country. While structural conditions, collective action and resource mobilisation are undoubtedly necessary, the case of religious leaders in El Salvador suggests that ideas and leadership are of vital importance for the rise of contentious politics at a particular historical moment.


2017 ◽  
Author(s):  
Malin Thunberg Schunke
Keyword(s):  

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