Social Science Research 42(6)

Social Science Research, November 2013: Volume 42, Issue 6

From ‘What the F#@% is a Facebook?’ to ‘Who Doesn’t Use Facebook?’: The role of criminal lifestyles in the adoption and use of the Internet
Richard K. Moule Jr., David C. Pyrooz, Scott H. Decker

The impact of respondents and interviewers on interview speed in face-to-face interviews
Geert Loosveldt, Koen Beullens

Incomplete equalization: The effect of tracking in secondary education on educational inequality
Anders Holm, Mads Meier Jæger, Kristian Bernt Karlson, David Reimer

From general discrimination to segmented inequality: Migration and inequality in urban China
Yao Lu, Feng Wang

Exchange and cohesion in dyads and triads: A test of Simmel’s hypothesis
Jeongkoo Yoon, Shane R. Thye, Edward J. Lawler

Family structure and adolescent alcohol use problems: Extending popular explanations to American Indians
Tamela McNulty Eitle, Michelle Johnson-Jennings, David J. Eitle

Patterns of change in religious service attendance across the life course: Evidence from a 34-year longitudinal study
R. David Hayward, Neal Krause

American income inequality across economic and geographic space, 1970–2010
David J. Peters

Housework: Cause and consequence of gender ideology?
Daniel L. Carlson, Jamie L. Lynch

Trends in gender segregation in the choice of science and engineering majors
Allison Mann, Thomas A. DiPrete

Are environmental attitudes influenced by survey context? An investigation of the context dependency of the New Ecological Paradigm (NEP) Scale
Elizabeth F. Pienaar, Daniel K. Lew, Kristy Wallmo

Disentangling mode-specific selection and measurement bias in social surveys
Barry Schouten, Jan van den Brakel, Bart Buelens, Jan van der Laan, Thomas Klausch

Explaining monetary donations to international development organisations: A factorial survey approach
Sara Kinsbergen, Jochem Tolsma

Assessing the effect of social desirability on nativism attitude responses
Benjamin R. Knoll

Psychological distress of marital and cohabitation breakups
Lara Patrício Tavares, Arnstein Aassve

Personal networks of prisoners prior to incarceration: A comparison with the general Dutch population
Ruben de Cuyper, Anja Dirkzwager, Beate Völker, Peter van der Laan, Paul Nieuwbeerta

Living life for others and/or oneself: The social development of life orientations
Steven Hitlin, Mark H. Salisbury

Evaluating Effectively Maintained Inequality: School and post-school transitions, socioeconomic background, academic ability and curricular placement
Gary N. Marks

Classroom sex composition and first-grade school outcomes: The role of classroom behavior
Erin Pahlke, Carey E. Cooper, Richard A. Fabes

Skin color, sex, and educational attainment in the post-civil rights era
Amelia R. Branigan, Jeremy Freese, Assaf Patir, Thomas W. McDade, Kiang Liu, Catarina I. Kiefe

Peer group ties and executive compensation networks
Matthew Pittinsky, Thomas A. DiPrete

Period effects, cohort effects, and the narrowing gender wage gap
Colin Campbell, Jessica Pearlman

Housing and neighborhood quality among undocumented Mexican and Central American immigrants
Matthew Hall, Emily Greenman

Black and white homebuyer, homeowner, and household segregation in the United States, 1990–2010
Mary J. Fischer

One country, three populations: Trust in police among migrants, villagers, and urbanites in China
Ivan Y. Sun, Rong Hu, Daniel F.K. Wong, Xuesong He, Jessica C.M. Li

Understanding selection bias, time-lags and measurement bias in secondary data sources: Putting the Encyclopedia of Associations database in broader context
Shaun Bevan, Frank R. Baumgartner, Erik W. Johnson, John D. McCarthy

Law & Society Review 47(4)

Law & Society Review, December 2013: Volume 47, Issue 4

Above the Roof, Beneath the Law: Perceived Justice behind Disruptive Tactics of Migrant Wage Claimants in China
Xin He, Lungang Wang and Yang Su

The way in which citizens in developing countries conceptualize legality is a critical but understudied question for legal consciousness and legal mobilization studies. Drawing on participatory observations and extensive interviews from western China, this article explores the subjective interpretations of migrant wage claimants on law and justice behind their disruptive actions. Their perception of justice differs starkly from what the law stipulates as target, evidence and proper procedures. Who shall be held responsible? What constitutes evidence? When shall they be paid? How much? Their perceptions also differ from the attitude “against the law” found among members from disadvantaged social groups in the United States. The Chinese case of legal perception is shaped by the moral precepts ingrained in the culture, and more importantly, by the lopsided relationship between migrant workers and the political and business elite. It thus points to the daunting barriers in channeling the ever-growing number of social conflicts into court.

Primetime Dispute Resolution: Reality TV Mediation Shows in China's “Harmonious Society”
Colin S. Hawes and Shuyu Kong

Through a case study of reality TV mediation shows, this article joins the debate about the recent promotion of formal and informal mediation by the Chinese government, what some scholars have called a “turn against law” (Minzner 2011). We identify three converging reasons for the sudden popularity of mediation shows on Chinese primetime television: (1) the desire of TV producers to commercially exploit interpersonal conflicts without fanning the flames of social instability; (2) the demands of official censors for TV programming promoting a “harmonious society”; and (3) the requirement for courts and other government institutions to publicly demonstrate their support for mediation as the most “appropriate” method for resolving interpersonal and neighborhood disputes. Cases drawn from two top-rated mediation shows demonstrate how they privilege morality and “human feeling” (ganqing) over narrow application of the law. Such shows could be viewed merely as a form of propaganda, what Nader has called a “harmony ideology”—an attempt by the government to suppress the legitimate expression of social conflict. Yet while recognizing that further political, social, and legal reforms are necessary to address the root causes of social conflict in China, we conclude that TV mediation shows can help to educate viewers about the benefits and drawbacks of mediation for resolving certain narrow kinds of domestic and neighborhood disputes.

Liberal Rights versus Islamic Law? The Construction of a Binary in Malaysian Politics
Tamir Moustafa

Why are liberal rights and Islamic law understood in binary and exclusivist terms at some moments, but not others? In this study, I trace when, why, and how an Islamic law versus liberal rights binary emerged in Malaysian political discourse and popular legal consciousness. I find that Malaysian legal institutions were hardwired to produce vexing legal questions, which competing groups of activists transformed into compelling narratives of injustice. By tracing the development of this spectacle in the courtroom and beyond, I show how the dueling binaries of liberal rights versus Islamic law, individual rights versus collective rights, and secularism versus religion were contingent on institutional design and political agency, rather than irreconcilable tensions between liberal rights and the Islamic legal tradition in some intrinsic sense. More broadly, the research contributes to our understanding of how popular legal consciousness is shaped by legal mobilization and countermobilization beyond the court of law.

Legislating Change? Responses to Criminalizing Female Genital Cutting in Senegal
Bettina Shell-Duncan, Katherine Wander, Ylva Hernlund and Amadou Moreau

Although the international community has recently promoted legislation as an important reform strategy for ending female genital cutting (FGC), there exist divergent views on its potential effects. Supporters argue that legal prohibition of FGC has a general deterrent effect, while others argue legislation can be perceived as coercive, and derail local efforts to end the practice. This study examines the range of responses observed in rural Senegal, where a 1999 anti-FGC law was imposed on communities in which the practice was being actively contested and targeted for elimination. Drawing on data from a mixed-methods study, we analyze responses in relation to two leading theories on social regulation, the law and economics and law and society paradigms, which make divergent predictions on the interplay between social norms and legal norms. Among supporters of FGC, legal norms ran counter to social norms, and did little to deter the practice, and in some instances incited reactance or drove the practice underground. Conversely, where FGC was being contested, legislation served to strengthen the stance of those contemplating or favoring abandonment. We conclude that legislation can complement other reform strategies by creating an “enabling environment” that supports those who have or wish to abandon FGC.

What Happens to Law in a Refugee Camp?
Elizabeth Holzer

How do people living in a refugee camp engage with legal practices, discourses, and institutions? Critics argue that refugee camps leave people in “legal limbo” depriving them of the “right to have rights” despite the presence of international humanitarian actors and the entitlements enshrined in international law. For that reason, refugee camps have become a highly visible symbol of failed human rights campaigns. In contrast, I found in an ethnography of the Buduburam Refugee Camp in Ghana, West Africa, that although people living as refugees faced chronic insecurity and injustice, they engaged extensively with several different facets of the law. I illuminate three interrelated dimensions of their experiences: (1) their development as international legal subjects; (2) their alienation from domestic legal institutions; and (3) their agency within the legal field. The article contributes to the research agenda on law in humanitarian settings an empirically grounded account of the subjective dimensions of legal alienation and mobilization in a refugee camp. More broadly, it contributes to international human rights debates by theorizing a mixed outcome of international human rights campaigns: the emergence of wards of international law, people deeply embedded in the international legal system, but alienated from local law.

Human Rights Prosecutions and the Participation Rights of Victims in Latin America
Verónica Michel and Kathryn Sikkink

Since the 1980s, there has been a significant rise in domestic and international efforts to enforce individual criminal accountability for human rights violations through trials, but we still lack complete explanations for the emergence of this trend and the variation observed in the use of human rights prosecutions in the world. In this article, we examine the role that procedural law has had in allowing societal actors to influence in this rising trend for individual criminal accountability. We do this by focusing on participation rights granted to victims, such as private prosecution in criminal cases. Based on an exploration of an original database on human rights prosecutions in Latin America and fieldwork research in three countries, we argue that private prosecution is the key causal mechanism that allows societal actors to fight in domestic courts for individual criminal accountability for human rights violations.

Addition by Subtraction? A Longitudinal Analysis of the Impact of Deportation Efforts on Violent Crime
Jacob I. Stowell, Steven F. Messner, Michael S. Barton and Lawrence E. Raffalovich

Contemporary criminological research on immigration has focused largely on one aspect of the immigration process, namely, the impact of in-migration (i.e., presence or arrival) of foreign-born individuals on crime. A related but understudied aspect of the immigration process is the impact that the removal of certain segments of the foreign-born population, and specifically undocumented or deportable aliens, has on aggregate levels of criminal violence. In an effort to cast new light on the association between forced out-flows of immigrants and crime, we begin with descriptive analyses of patterns of deportation activity across the continental United States over an eleven-year period (1994–2004). We then examine the relationship between deportation activity and violent crime rates in a multilevel framework wherein Metropolitan Statistical Areas (MSAs) are situated within border patrol sectors. The results of dynamic regression modeling indicate that changing levels of deportation activity are unrelated to changing levels of criminal violence for the sample of MSAs for the national at large. However, we also detect significant interactions by geographic location for selected violent offenses. For MSAs within sectors along the Mexican border, the deportation measure exhibits a significant negative effect on one indicator of criminal violence—the aggravated assault rate. For MSAs within non-border sectors, the effect of the deportation measures is significantly positive for the violence crime index and the aggravated assault rate. Overall, our analyses indicate that the relationship between deportation and criminal violence is complex and dependent on local context.

The Hand of the Ancestors: Time, Cultural Production, and Intellectual Property Law
Boatema Boateng

In successfully lobbying for the expansion of the copyright protection term, culture industries in the United States have used one of the temporal dimensions of intellectual property law to strengthen their control over the circulation of cultural goods. There is another less obvious way that time factors into the regulation of cultural products, and this has to do with the modes of temporality within which those products are made and their circulation regulated. In Ghana, where certain cultural products are protected as “folklore” under copyright law, cultural goods from one kind of temporality enter a regulatory framework that belongs to another. In this article, I examine these two ways of organizing time and argue that differences in ways of conceptualizing time also factor into the exercise of power over cultural products. I further argue that the Ghanaian case provides resources for radically rethinking intellectual property law.

Theoretical Criminology 17(4)

Theoretical Criminology, November 2013: Volume 17, Issue 4 

Policing and the surveillance of the marginal: Everyday contexts of social control
Megan O'’Neill and Bethan Loftus

While the surveillance practices of the private security industry have become a central preoccupation of scholarship, the surveillance power of the state has been greatly enhanced through multiple procedures of information gathering to support practices of control and management. In this article, we draw upon two different research projects to examine the surveillance work of the police and other public sector groups working in partnership, as well as the activities of police officers operating covertly. In so doing, we expose the often unintended, but nevertheless invasive and comprehensive power of state agencies to gather details of individuals in the residual working class, within mundane and innocuous policing practices. Our central argument is that these developments have occurred alongside a displacement of social policy through crime control, and represent both an acceleration and intensification of existing state approaches to the surveillance of the problematic individual. This extensive project of targeted surveillance, we contend, also calls into question current claims that the state is moving towards a system of managing deviant populations.

Mapping the margins of intersectionality: Criminological possibilities in a transnational world
Kathryn Henne and Emily Troshynski

This article contributes to recent discussions around intersectionality, a framework that captures how two or more axes of subordination overlap in practice, and its utility for criminology. Even though intersectionality offers an analytic through which to account for discursive dimensions of marginalization, feminist criticisms of intersectionality’s proliferation across disciplines suggests that the concept needs to be revisited. After contextualizing intersectionality’s tenets, we trace how feminists have addressed related issues through a transnational lens and then consider how these adaptations can help inform future criminological inquiry. We conclude with the argument that a critical re-reading of intersectionality not only enables a focused critique of mainstream criminology, but also encourages an innovative feminist praxis within the discipline.

Pathways, race and gender responsive reform: Through an abolitionist lens
Emma Russell and Bree Carlton

In this article we take stock of a recent moment in penal history in Victoria, Australia, where agencies have implemented gender responsive policies to address the disproportionate growth in women’s prison numbers, and in particular the overrepresentation of women constructed as ‘culturally diverse’. We draw upon abolitionist and intersectional frames to provide a theoretical critique of this political event. Our analysis extends beyond the unitary frame of gender, which has until recently dominated critiques in this area, to highlight the ways in which racializing logics are reproduced through such policies and practices. We explore the implications of the adoption of the criminological notion of pathways through the language of liberal feminist reform, which signifies a reinvestment in the myth of individual rehabilitation. The consequences of these discursive practices include the reproduction of pathologizing and risk-focused practices that can only yield more racializing, interventionist and expansionist responses within correctional spaces.

A genealogy of neoliberal communitarianism
Friso van Houdt and Willem Schinkel

This article investigates the power/knowledge relations between contemporary penal government and criminological theory. Based on an analysis of the strategic case of the Netherlands, the emergence of what can be called neoliberal communitarianism is discussed. In relation to the ‘penal welfarism’ it succeeds, neoliberal communitarianism provides a rationale of governing that allows a greater amount of complexity precisely because it consists of a paradoxical set of doctrines, discourses and techniques. This involves an emphasis on both ‘individual responsibility’ and ‘community’, protecting market and community by tightening social control, law and order and the production of rational self-controlling individuals while excluding the cultural and biological ‘risk citizen’. The article illustrates the incorporation of criminological theories as policy underpinnings, and it explicates how criminological theories can be placed in the discursive space of neoliberal communitarianism.

Assemblages of penal governance, social justice and youth justice partnerships
Patricia Gray

Youth justice in England and Wales is delivered by multi-agency Youth Offending Teams (YOTs) which are expected to work in partnership with social welfare agencies to provide ‘holistic’ support that targets the interrelated personal and social needs of young offenders associated with their risk of reoffending. This article engages with criminological debates which attempt to interpret the hybrid assemblages of penal governance that have characterized late modernity in order to theorize why these partnerships have had only limited success in addressing the social context of youth crime. It will be argued, evidenced by an analysis of research data on YOT partnerships in action, that these assemblages are ‘classed’ in so much as they act as conduits for strategic elements which articulate powerful class interests (along with those of other social forces) to be translated into practice. Such strategic elements sustain class inequality and deny social justice to young people in conflict with the law.

Neoliberal prisons and cognitive treatment: Calibrating the subjectivity of incarcerated young men to economic inequalities
Ronald Kramer, Valli Rajah, and Hung-En Sung

Based on fieldwork conducted in a cognitive-treatment setting for young men in jail, this article argues that contemporary rehabilitation efforts not only manifest theories of disciplinary and risk society, but also embody ideologies of the self and economic relations that are consistent with neoliberal capitalism. Drawing from Marxist theories of penality, we show that correctional officers seek to reconfigure the subjectivity of young incarcerated men in ways that adjust them to economic inequalities. For instance, they frequently portray labor markets as accessible and readily offering stable employment opportunities. When correctional officers acknowledge structural limitations and racial inequality, they are likely to dismiss such concerns by insisting upon the power of individual choice to overcome social barriers. We consider why correctional officers embrace neoliberal ideologies and note some implications for future research.

Changing fate? Agency and the desistance process
Deirdre Healy

There is a significant conceptual divide between criminological theories that treat offenders as rational agents who freely choose their actions and those that portray offenders as individuals whose behaviour is determined by external forces. Recently, research into desistance from crime has produced a more complex and nuanced account of crime causation which acknowledges the interplay between agency and structure. Yet, while the concept of agency is frequently invoked in contemporary discourse, the variety of definitions and measures employed by researchers makes it difficult to establish a clear and consistent picture of its role. This article attempts to address this deficit by evaluating the contributions of agency-centred theories of desistance. An integrated framework, which aims to consolidate existing knowledge about agency and provide additional insights into its role in desistance, is then proposed.

British Journal of Criminology 53(6)

British Journal of Criminology, November 2013: Volume 53, Issue 6

The Banality of Security: The Curious Case of Surveillance Cameras
Benjamin Goold, Ian Loader, and Angélica Thumala

Why do certain security goods become banal (while others do not)? Under what conditions does banality occur and with what effects? In this paper, we answer these questions by examining the story of closed circuit television cameras (CCTV) in Britain. We consider the lessons to be learned from CCTV’s rapid—but puzzling—transformation from novelty to ubiquity, and what the banal properties of CCTV tell us about the social meanings of surveillance and security. We begin by revisiting and reinterpreting the historical process through which camera surveillance has diffused across the British landscape, focusing on the key developments that encoded CCTV in certain dominant meanings (around its effectiveness, for example) and pulled the cultural rug out from under alternative or oppositional discourses. Drawing upon interviews with those who produce and consume CCTV, we tease out and discuss the family of meanings that can lead one justifiably to describe CCTV as a banal good. We then examine some frontiers of this process and consider whether novel forms of camera surveillance (such as domestic CCTV systems) may press up against the limits of banality in ways that risk unsettling security practices whose social value and utility have come to be taken for granted. In conclusion, we reflect on some wider implications of banal security and its limits.

Is it a Crime to Produce Ecological Disorganization? Why Green Criminology and Political Economy Matter in the Analysis of Global Ecological Harms
Michael J. Lynch, Michael A. Long, Kimberly L. Barrett, and Paul B. Stretesky

We argue in this paper for a political economic approach to the study of global ecological crimes. Green criminological studies often employ case study approaches which help explain a particular green crime; however, these studies lack a coherent theoretical basis. Based on ecological Marxism and treadmill of production approaches, we outline a theoretical approach for green criminology that focuses on crimes of ecological disorganization—that is, green harms that are the result of organizing the productive forces of the economy in a manner that is consistent with capitalism. We conclude that, to truly understand and remedy green harms, a focus on political economy is necessary.

Genocide Films, Public Criminology, Collective Memory
Michelle Brown and Nicole Rafter

One cannot understand or remember the genocides of the past in any direct manner. Their inaccessibility impedes us from working toward complex understandings of these events and adequate ways of responding to them. In this paper, we bring together various strands of criminological thought by examining genocide films as a form of public criminology that is engaged in the work of memory and commemoration. We identify a specific set of genocide films that, we argue, not only constitute a key (if hitherto unrecognized) branch of visual and public criminology, but also create and transmit collective memories of the ‘crime of crimes’, provoking public understandings of atrocity and meaningful social and political responses. These films direct us toward representational strategies and interdisciplinary perspectives that advance our theoretical and empirical understanding of genocide. Attention to such efforts not only underscores the work of images in shaping criminological discourse, but also makes for a better—because more deeply informed—criminology of genocide.

In Crime’s Archive: The Cultural Afterlife of Criminal Evidence
Katherine Biber

This article explores the cultural afterlife of criminal evidence. During the criminal trial, strict rules govern the collection, admission and interpretation of evidence at trial. However, after the conclusion of the trial, this material returns to a notional ‘archive’ and is sometimes used by artists, scholars, curators and others, but subject to no rules or standards. This article examines a range of instances in which criminal evidence has been used post-trial, and proposes a jurisprudence of sensitivity for responding to the harm that is sometimes done when criminal evidence leads a cultural afterlife.

Collective Efficacy, Deprivation and Violence in London
Alex Sutherland, Ian Brunton-Smith, and Jonathan Jackson

This paper examines the importance of neighbourhood context in explaining violence in London. Exploring in a new context Sampson’s work on the relationship between interdependent spatial patterns of concentrated disadvantage and crime, we assess whether collective efficacy (i.e. shared expectations about norms, values and goals, as well as the ability of members of the community to realize these goals) mediates the potential impact on violence of neighbourhood deprivation, residential stability and population heterogeneity. Reporting findings from a dataset based on face-to-face interviews with 60,000 individuals living in 4,700 London neighbourhoods, we find that collective efficacy is negatively related to police-recorded violence. But, unlike previous research, we find that collective efficacy does not mediate the statistical relationship between structural characteristics of the neighbourhood and violence. After finding that collective efficacy is unrelated to an alternative measure of neighbourhood violence, we discuss limitations and possible explanations for our results, before setting out plans for further research.

Policing British Asian Identities: The Enduring Role of the Police in Young British Asian Men’s Situated Negotiation of Identity and Belonging
Matthew Millings

Using data from ethnographic work and interviews with young British Asian men conducted in 2002 and again in 2012, this paper identifies the powerful real and imagined role the police play in these young men’s negotiation of belonging and identity. Experiences of policing are shown to meaningfully shape individual and collective claims of belonging. These negotiations are seen to contribute to, and be derived from, volatile climates of racism, fractured social relations and cultures of intolerance, rendering explicit the powerful cultural work of policing.

Police Accountability and the Commodification of Policing in China: A Study of Police/Business Posters in Guangzhou
Jianhua Xu

Based on a study of police/business posters in Guangzhou, this paper explores commodification of policing in China. It is argued that, while the commodification of policing in Western societies has its roots in the rise of neo-liberal thinking, it is unique in China for its lack of accountability of police power. Chengguan, the urban management department, is not an effective counter-power to the police in their making of illegal police/business posters due to institutional arrangement and practical reasons. The commodification of police power is not just a local police phenomenon, but a wider police institutional phenomenon. It is also part of the symbiotic relations between state power and economic capital in a wider Chinese society. Data collection involved three years’ ethnographic fieldwork, in-depth semi-structured interviews with the police, police scholars, businessmen, urban management officers, ordinary citizens and security guards.

Sentence Consistency in England and Wales: Evidence from the Crown Court Sentencing Survey
Jose Pina-Sánchez and Robin Linacre

We assess the use of sentencing guidelines for assault issued in England and Wales, and the consistency with which they are applied by judges in the Crown Court. We use data from the Crown Court Sentencing Survey (CCSS), which records data on legal factors considered in the sentencing guidelines. This gives us access to a wide range of explanatory variables, allowing us to produce more robust findings about consistency in sentencing. We first employ a standard regression model to determine how guideline factors affect sentence outcomes empirically. Second, a random slopes multilevel model is used to analyse whether these factors have been consistently applied across different Crown Court centres. Our results point to a substantial degree of consistency in sentencing.

Putting the Defendant in Their Place: Why Do We Still Use the Dock in Criminal Proceedings?
Linda Mulcahy

This article considers the extent to which the on-going use of the dock in criminal proceedings can be justified. It is argued that the use of the dock interferes with the defendant’s ability to participate in the trial, the right to counsel and the presumption of innocence. This has been recognized in some jurisdictions and, in the United Kingdom, its use has been criticized by key stakeholders in the criminal justice system. Despite the launching of campaigns for its abolition, the English dock is becoming increasingly fortified and continues to be used to incarcerate defendants in trials involving minor charges. Drawing on previously unexplored archives and data from the United States, this article seeks to understand justifications for the retention of the dock and the reasons why campaigns for its abolition have failed.

Cousins in Crime: Mobility, Place and Belonging in Indigenous Youth Co-Offending
Andrew Goldsmith and Mark Halsey

This paper examines serious repeat offending among a cohort of young Indigenous Australians dubbed the ‘Gang of 49’. Drawing chiefly on interviews, we explore the importance of mobility, place, belonging and alcohol in shaping the resilience and notoriety of this group over the past decade. We consider the broader significance of ethnic and familial ties in offenders’ lives, and explicate the complex ways in which these ties contribute overwhelmingly to offender convergence for the commission of crime but only very rarely to occasions for offender divergence from crime. In concluding, we argue that the nature of co-offending among this group is rhizomatic and thereby demands a very different law enforcement (and political) response than has pertained to date.

Opportunities for Environmental Crime: A Test of Situational Crime Prevention Theory
Wim Huisman and Judith van Erp

Recently, Situational Crime Prevention Theory (SCPT) has been proposed as an alternative to offender-based theories of white-collar crime. This paper uses the results of a cross-case analysis of 23 criminal investigations of environmental crime in the Netherlands to explore the fruitfulness of SCPT as a method of scientific study of environmental crime and the development of prevention strategies. This analysis shows that most environmental crimes are crimes of omission, while SCPT is designed for predatory crimes of commission. In addition, while it is concluded that SCPT is helpful in analysing opportunities for environmental crime, it is difficult to draw innovative prevention strategies on the basis of SCPT, since most suggestions have already been covered in contemporary models for environmental regulation.

Sociological Theory 31(3)

Sociological Theory, September 2013: Volume 31, Issue 3

Power: Relational, Discursive, and Performative Dimensions
Isaac Ariail Reed

This article draws on the conceptual link between power and causality to develop an account of the relational, discursive, and performative dimensions of power. Each proposed dimension of power is grounded in a different understanding of social causes: relational-realist, discursive-hermeneutic, and performative-pragmatic. For the purposes of empirical analysis, this dimensional schema crosscuts the classic sources of power typology developed by Michael Mann and others, thus rendering the conceptual apparatus for pursuing sociological research on power more complex and explanatorily effective. The schema is illustrated by an example from comparative-historical sociology: explaining the storming of the Bastille and its effects. A series of research questions for investigating the relative autonomy of performative power is proposed. Finally, the current schema is situated vis-à-vis classic sociological theories of power, including the arguments of Steven Lukes, Michel Foucault, and Pierre Bourdieu, among others.

Formalist and Relationalist Theory in Social Network Analysis
Emily Erikson

Social network research is widely considered atheoretical. In contrast, in this article I argue that network analysis often mixes two distinct theoretical frameworks, creating a logically inconsistent foundation. Relationalism rejects essentialism and a priori categories and insists upon the intersubjectivity of experience and meaning as well as the importance of the content of interactions and their historical setting. Formalism is based on a structuralist interpretation of the theoretical works of Georg Simmel. Simmel laid out a neo-Kantian program of identifying a priori categories of relational types and patterns that operate independently of cultural content or historical setting. Formalism and relationalism are internally consistent theoretical perspectives, but there are tensions between them. To pave the way for stronger middle-range theoretical development, I disaggregate the two approaches and highlight the contradictions that must be addressed or resolved for the construction of any general and inclusive theory.

From Vigilance to Busyness: A Neo-Weberian Approach to Clock Time
Benjamin H. Snyder

For many social scientists, clock time is seen as either a mechanism of economic power relations that reinforces social domination or a resource that facilitates individual market-oriented action. In this article I develop a neo-Weberian perspective that presents clock time as a moral institution that shapes social action in modernity through two “time disciplines”: regularity and density. Where regularity supports a methodical life, density maintains a life of constant activity. The article traces the history of regularity and density between the fourth and twentieth centuries: from a “culture of vigilance,” which originated in Benedictine monastic culture, to a “culture of busyness,” which arose within Protestant and Renaissance culture. It shows that although we often think of busyness, time pressure, and burnout as contemporary problems, they have long been at the root of clock time culture. By extending Weber’s approach, the paper provides deeper insight into the fraught moral life of clock time in modernity.

Reasons and the Acceptance of Authoritative Speech: An Empirically Grounded Synthesis of Habermas and Bourdieu
Sebastián G. Guzmán

This article proposes an empirically grounded theory of the acceptance of authoritative speech beyond contexts of deliberation. I synthesize Habermas’s and Bourdieu’s influential theories on the topic by specifying factors that lead to either a prereflexive acceptance or a critical evaluation of the claims made by people in positions of authority. To do so, I assess each author’s theses in four types of contexts covered by three empirical studies that analyze reactions to authoritative speech. I find that people can autonomously reject authoritative speech if they have the necessary cultural resources, such as relevant personal experience or contradictory background norms, or if they are strongly motivated—for example, by disappointed expectations. Otherwise, individuals are likely to accept what authorities say without regard for reasons. The synthetic theory proposed better grasps the potentials and limitations of people’s critical capacities—a crucial task for democratic and critical sociological theory.

Critical Criminology 21(4)

Critical Criminology, November 2013: Volume 21, Issue 4

Sex Trafficking and Moral Harm: Politicised Understandings and Depictions of the Trafficked Experience
Erin O’Brien, Belinda Carpenter, Sharon Hayes

This paper explores notions of harm in sex work discourse, highlighting the extent to which essentialist ideas of ‘good’ versus ‘bad’ sex have pervaded trafficking policy. In a comparative examination of Australian Parliamentary Inquiries and United States congressional hearings leading to the establishment of anti-trafficking policy, we identify the stories that have influenced legislators, and established a narrative of trafficking heavily dependent upon assumptions of the inherent harm of sex work. This narrative constructs a hierarchy of victimisation, which denies alternative discourses of why women migrate for sex work. We argue that it is not sexual commerce that is harmful, but pathological, systemic inequalities and entrenched disadvantage that are harmful. A narrow narrative of trafficking fails to adequately depict this complexity of the trafficked experience.

Belonging and Unbelonging in Encounters Between Young Males and Police Officers: The Use of Masculinity and Ethnicity/Race
Tove Pettersson

This article is based on a study in which the work of police officers has been followed on a day-to-day basis, with a special focus on the work directed at youths. The focus is on how contact is established or obstructed in the meeting between police officers and young males, and the significance of constructions of masculinity and ethnicity/race for this process. Encounters between young males and police officers are analysed from Yuval-Davis notions of belonging and unbelonging. The analysis shows how both masculinity and ethnicity/race can be used for establishing or obstructing contact between police and young males. The article also show how belonging and unbelonging is a question of negotiations that can undergo a number of shifts in the course of a given situation, and also that these negotiations take the form of a collaborative activity, even if this starts from unequal power positions. A situation that starts from an antagonistic approach may in fact, via markers of belonging, turn out quite different. But it is also pointed out that the markers of belonging in one dimension, at the same time may generate markers of unbelonging in others. Finally this developing of contact shall be understood both as a way of changing the contacts into less conflicted ways and as one of several ways of gaining more control in stigmatized areas.

Psychosocial Perspectives of Girls and Violence: Implications for Policy and Praxis
Robin A. Robinson, Judith A. Ryder

Psychosocial and feminist criminologies produce a complex etiology of adolescent female violence, and advance understanding of much female behavior that juvenile authorities formally address: mental health disturbances. When girls’ violent behaviors are considered within a psychodynamic theoretical framework, policy problems are dramatically redefined, resulting in a reformulation of the social problem, newly contextualized, and the collective responses to the troubled girls it has defined. This paper places known etiologies of violent behaviors, including case study material, in a context of extant social policies that impact and determine the social location and control of violent girls. We argue that efficacious policy responses would be psychosocially informed, and focus upon a more holistic mental health praxis, rather than criminal justice practices alone.

This is What a Police State Looks Like: Sousveillance, Direct Action and the Anti-corporate Globalization Movement
Elizabeth A. Bradshaw

Activists across the globe have increasingly incorporated digital communication technologies into their repertoire of direct action tactics to challenge state and corporate power. Examining the anti-corporate globalization protests at the September 2009 Group of Twenty (G-20) meetings in Pittsburgh, this paper explores how activists used sousveillance and counter-surveillance as direct action tactics to make excessive force by police more visible to the public. Collaborative endeavors such as the G-20 Resistance Project, the Tin Can Comms Collective and independent media centers provided activists with the necessary tactical and strategic communication networks to coordinate direct actions during the G-20 protests. Through the use of surveillance technologies widely available to the public such as video cameras, cell phones and the internet, activists created an environment of permanent visibility in which the behaviors of police were subjected to public scrutiny. The images captured by anti-globalization activists raises a salient question: Is this what a police state looks like?

Disruption is Not Permitted: The Policing and Social Control of Occupy Oakland
Mike King

Negotiated management—various forms of communication, collaboration and cooperation between police and protest organizers, often taking the form of protest permits—has been mainly theorized as a means to mitigate police violence while respecting protesters’ 1st Amendment rights. A few theorists have problematized this view, suggesting that negotiated management is a form of social control that puts various restrictions on dissent. Drawing from my research on Occupy Oakland, I build upon these critiques to illustrate how negotiated management was used as a tool of repression in two key ways, and how newer forms of repression (strategic incapacitation) are still enmeshed in its logic. First, by criminalizing legal activity among protesters, through the use of a permit, who were then subjected to police repression. Second, I show how negotiated management as a normative structure of protest was used as a form of repression, even when communication and cooperation with police were clearly rejected by the movement. I illustrate how the refusal of negotiated management was used to discredit the movement and subject it to physical repression. Rather than seeing negotiated management as an alternative to police repression and strategic incapacitation, I argue that they are two sides of the same policing project, the primary aim of which is to prevent disruptive protest.

The I-35W Bridge Collapse: Crimes of Commission and Omission Resulting from the Confluence of State Processes and Political-Economic Conditions
Casey James Schotter, Gayle Rhineberger-Dunn

The Interstate-35 West Bridge collapse offers a unique case of state crime. First, it illuminates a new topical area in the state crime literature, public infrastructure. Second, it illustrates how the bridge collapse was not a discrete act (Tombs in State Crime 1(2):170–195, 2012), but rather the outcome of relationships between different social institutions. Specifically, it demonstrates how processes within a state, in confluence with the broader political economy, produced decisions (omissions) not to invest in infrastructure repair, take expert advice, and improve coordination between agencies. Simultaneously, these same processes resulted in deliberate actions (commissions) to invest in new infrastructure rather than in maintenance and repair of existing infrastructure, and to reduce both regulatory oversight and safety procedures. We provide a detailed overview of the bridge collapse, then utilizing Kauzlarich and Kramer’s (Crimes of the American nuclear state, Northeastern University Press, Boston, 1998) integrated theoretical framework, contextualize the causes of the collapse and highlight how state processes and political-economic conditions resulted in the simultaneous occurrence of crimes of omission and commission on the part of the state.

Reentry Within the Carceral: Foucault, Race and Prisoner Reentry
Liam Martin

Early research on prisoner reentry was largely practical and applied, oriented to policymakers responding to the myriad challenges presented by having millions of people leaving prisons and jails each year. More recently, scholars have drawn on critical theoretical frameworks to reformulate the problem as bound up with large-scale shifts in the nature of social control (Wacquant in Dialect Anthropol 34(4):605–620, 2010a), deep racial divisions (Nixon et al. in Race/Ethnicity: Multidiscip Glob Contexts 2(1):21–43, 2008), and transformations of the United States political economy (Hallett in Crit Criminol. doi:10.1007/s10612-011-9138-8, 2011). This paper continues the work of theoretical elaboration through two avenues: (1) examining the contribution that Michel Foucault’s Discipline and Punish can make to the conceptual development of reentry scholarship, and (2) reworking Foucauldian concepts and themes important to the study of reentry to account for their racialized characteristics.

Deconstructing Crime and Nature or, What Does Post Humanism Have to Do With Criminology?
Jenny Francis

The aim of this paper is to extend some of the theoretical concerns that Marcus Felson (2006) opens up in Crime and Nature by considering the contribution of post humanist political ecology to the construction of crime and nature that he proposes. Post humanism problematises dichotomous understandings of nature and culture as well as related binaries that follow from that division, suggesting that dominant assumptions about nature and the non human undermine antiracist and feminist efforts. While Felson (2006) takes steps towards troubling the nature/culture binary, he fails to question the constructed character of crime and crime prevention, thereby leaving unarticulated a critical problematisation of the exclusionary logics that underlie dominant practices and ways of thinking as race, sex, class and species fundamentally determine the nature of criminological knowledge. Abstracting crime from social context produces a partial analysis as spaces are reduced to their supposed propensity for criminal activity and some spaces are produced as always already criminal. Without examining and understanding how power relations intersect in the context of crime it is difficult to alter those relations to promote social justice.

American Sociological Review 78(5)

American Sociological Review, October 2013: Volume 78, Issue 5

A Broken Public? Americans’ Responses to the Great Recession
Clem Brooks and Jeff Manza

Did Americans respond to the recent Great Recession by demanding that government provide policy solutions to rising income insecurity, an expectation of state-of-the-art theorizing on the dynamics of mass opinion? Or did the recession erode support for government activism, in line with alternative scholarship pointing to economic factors having the reverse effect? We find that public support for government social programs declined sharply between 2008 and 2010, yet both fixed-effects and repeated survey analyses suggest economic change had little impact on policy-attitude formation. What accounts for these surprising developments? We consider alternative microfoundations emphasizing the importance of prior beliefs and biases to the formation of policy attitudes. Analyzing the General Social Surveys panel, our results suggest political partisanship has been central. Gallup and Evaluations of Government and Society surveys provide further evidence against the potentially confounding scenario of government overreach, in which federal programs adopted during the recession and the Obama presidency propelled voters away from government. We note implications for theoretical models of opinion formation, as well as directions for partisanship scholarship and interdisciplinary research on the Great Recession.

Remembering May 4, 1970: Integrating the Commemorative Field at Kent State
Christina R. Steidl

Recent research on collective memory suggests that commemorations of difficult pasts take either a multivocal or a fragmented form. I suggest these forms exist as ideal types for the initial commemoration, but the commemorative field, as a whole, remains dynamic over time, effectively shifting between forms. This study traces the creation, maintenance, and transformation of collective memory of the May 4, 1970 shootings at Kent State from 1970 to 2013 using archival sources, media accounts, and participant observation. In examining the commemorative field at Kent, I theorize the existence of a third commemorative form—the integrated commemorative field, which allows for the expression of divergent narratives and the maintenance of separate commemorative spaces while simultaneously enhancing social solidarity through shared meta-narratives that stress overarching values, like human rights or scientific inquiry.

Belonging Before Believing: Group Ethos and Bloc Recruitment in the Making of Chinese Communism
Xiaohong Xu

Why did Communism take root in China during the May Fourth Movement era (1917 to 1921)? I argue that a key factor was the revolutionary vanguard’s emergence through taking over existing activist organizations. Using reports and meeting minutes of 28 organizations and individual activists’ correspondence, diaries, and memoirs as sources for comparative cross-sectional analysis and processual case studies of the organizational debates over whether to adopt Bolshevism as a unifying ism, I find that a crucial factor explaining an organization’s positive response to Communist bloc recruitment was whether it practiced ethical activism, which engendered a sectarian group ethos that meshed with Bolshevik organizational culture. By contrast, the absence of ethical activism, and the correlative mismatch in organizational ethos, was associated with a negative response to Communist recruitment efforts. Two key mechanisms—frame resonance and group discipline—mediate this selective attraction. I conclude by discussing how organization-level analysis of selective spillover between social movements enhances our understanding of both individual participants’ motivations and the distinct style in which a movement responds to its political environment.

Pulpit and Press: Denominational Dynamics and the Growth of Religious Magazines in Antebellum America
Adam Goldstein and Heather A. Haveman

Religious economies theory, which views religious organizations as akin to single-unit firms competing for adherents in local markets, has three shortcomings that we solve by reconceptualizing religious organizations and developing a new theory of religious mobilization. First, we treat religious organizations as multi-unit entities operating in interdependent markets in a national field. Second, we incorporate insights from social movement theory to challenge the exclusive focus on the impetus to mobilize (competition) by also considering the capacity to do so (resources). Third, we consider competition within organizations as well as between them. To analyze mobilization directly, we study a key religious resource, magazines. We analyze original data covering virtually all faiths and affiliated magazines in antebellum America, a time of great religious ferment. Consistent with our conception of religious organizations, we find that competition played out mostly within a national field. Consistent with resource mobilization theory, we find that the geography of religious mobilization reflected variations in the availability of resources more than variations in the intensity of competitive pressures. Conceiving of religious organizations as translocal movement organizations rather than local firms better accounts for their behavior. Our analysis sheds light on group dynamics in general by revealing how translocal groups in modern societies mobilize and build identity through group media.

Decomposing School Resegregation: Social Closure, Racial Imbalance, and Racial Isolation
Jeremy E. Fiel

Today’s typical minority student attends school with fewer whites than his counterpart in 1970. This apparent resegregation of U.S. schools has sparked outrage and debate. Some blame a rollback of desegregation policies designed to distribute students more evenly among schools; others blame the changing racial composition of the student population. This study clarifies the link between distributive processes of segregation, population change, and school racial composition by framing school segregation as a mode of social closure. I use a novel decomposition approach to determine the relative contributions of distributive processes and compositional change in the apparent resegregation of schools from 1993 to 2010. For the most part, compositional changes are to blame for the declining presence of whites in minorities’ schools. During this period, whites and minorities actually became more evenly distributed across schools, helping increase minority students’ exposure to whites. Further decompositions reveal the continued success of district-level desegregation efforts, but the greatest barrier to progress appears to be the uneven distribution of students between school districts in the same area. These findings call for new research and new policies to address contemporary school segregation.

When White Is Just Alright: How Immigrants Redefine Achievement and Reconfigure the Ethnoracial Hierarchy
Tomás R. Jiménez and Adam L. Horowitz

Research on immigration, educational achievement, and ethnoraciality has followed the lead of racialization and assimilation theories by focusing empirical attention on the immigrant-origin population (immigrants and their children), while overlooking the effect of an immigrant presence on the third-plus generation (U.S.-born individuals of U.S.-born parents), especially its white members. We depart from this approach by placing third-plus-generation individuals at center stage to examine how they adjust to norms defined by the immigrant-origin population. We draw on fieldwork in Cupertino, California, a high-skilled immigrant gateway, where an Asian immigrant-origin population has established and enforces an amplified version of high-achievement norms. The resulting ethnoracial encoding of academic achievement constructs whiteness as having lesser-than status. Asianness stands for high-achievement, hard work, and success; whiteness, in contrast, represents low-achievement, laziness, and academic mediocrity. We argue that immigrants can serve as a foil against which the meaning and status of an ethnoracial category is recast, upending how the category is deployed in daily life. Our findings call into question the position that treats the third-plus generation, especially whites, as the benchmark population that sets achievement norms and to which all other populations adjust.

When Unionization Disappears: State-Level Unionization and Working Poverty in the United States
David Brady, Regina S. Baker, and Ryan Finnigan

Although the working poor are a much larger population than the unemployed poor, U.S. poverty research devotes much more attention to joblessness than to working poverty. Research that does exist on working poverty concentrates on demographics and economic performance and neglects institutions. Building on literatures on comparative institutions, unionization, and states as polities, we examine the influence of a potentially important labor market institution for working poverty: the level of unionization in a state. Using the Luxembourg Income Study (LIS) for the United States, we estimate (1) multi-level logit models of poverty among employed households in 2010; and (2) two-way fixed-effects models of working poverty across seven waves of data from 1991 to 2010. Further, we replicate the analyses with the Current Population Survey while controlling for household unionization, and assess unionization’s potential influence on selection into employment. Across all models, state-level unionization is robustly significantly negative for working poverty. The effects of unionization are larger than the effects of states’ economic performance and social policies. Unionization reduces working poverty for both unionized and non-union households and does not appear to discourage employment. We conclude that U.S. poverty research can advance by devoting greater attention to working poverty, and by incorporating insights from the comparative literature on institutions.

Segmented Assimilation, Split Labor Markets, and Racial/Ethnic Inequality: The Case of Early-Twentieth-Century New York
Salvatore J. Restifo, Vincent J. Roscigno, and Zhenchao Qian

Assimilation and split labor market dynamics are core foci in research on immigration, race/ethnicity, and inequality. Little work, however, systematically analyzes how assimilation and group-level power dynamics within labor markets intersect relative to employment trajectories and rewards. In this article, we do so by offering integrated analyses of racial/ethnic inequalities for an important case, New York City from 1910 to 1930. Our multi-method analyses draw from the Integrated Public Use Microdata Series (IPUMS) and content-coded coverage from the New York Times for the period. Quantitative and qualitative results demonstrate a clear racial/ethnic hierarchy as well as group-level variations in opportunity relative to industrial concentration, segregation, and discrimination. Assimilative attributes and generational status mattered, yet certain inequalities were more firmly entrenched. Most pronounced, as seen in our qualitative analyses, were processes of social closure, discrimination, and related exclusionary constraints—constraints encountered and eventually alleviated, to some degree, for new white ethnics but not for African Americans. We conclude by discussing the theoretical and empirical utility of considering the embedded nature of assimilation within broader contexts of racial/ethnic closure in labor market opportunities and also relative to historical and contemporary eras.