Political theorists are certainly familiar with violence, an ever-present spectre of disorder in every major text. And while The Republic raised the sex issue more than two millennia ago, it has taken considerable feminist effort in recent years to get this re-centred again so that it is not just an issue about women, but an issue debated and expanded from women's perspectives on power relations in social relationships. Today this covers critical engagement with the ways that sex itself is (...) constructed as knowledge about anyone's body, the gendered hierarchies of power through which women and men are perceived and constrained, and the modes through which diverse sexualities are experienced within and projected upon the foregoing. (shrink)

(2001). Domestic violence and hate crimes: Acknowledging two levels of responsibility. Criminal Justice Ethics: Vol. 20, No. 2, pp. 31-43. doi: 10.1080/0731129X.2001.9992106.

Widely circulated cultural conceptions about women who have committed violence recurrently place them in positions of otherness in relation to what is considered as being normal, valuable womanhood. This article explores ways in which Finnish women imprisoned for violent crimes grapple with this troubled relation between womanhood and violence in their enactments of gendered identities. The analysis is based on a novel, discursive-affective approach to positioning that can accommodate complexity and context-specific variability in enactments of identities. Four different, (...) recurring modes of positioning are discussed in the analysis: aligning with forcefulness, aligning with vulnerability, -aligning with demonization and aligning with motherhood. By shedding light not only on the complexity and fluidity of these gendered identity enactments but also on their affectively ambivalent dimensions, the analysis contributes to attempts at countering reductionist views about women who have committed violence and the gendered dichotomizations that they work to reproduce. (shrink)

Outstanding among the social problems facing urban centers of the world in general and Nigeria is the problem of crime. The increasing rate of criminal activities has become a major concern across the globe. Today, lives and properties are no longer safe for both the rich and the poor. All seem to live one day at a time. Content Analysis is used as the method of data analysis. The method adopted was more of an exposition, critical analysis and evaluation. (...) More specifically, this paper gave a general background about violence, urban violence and the question of self-defense. Furthermore, a philosophical answer was given in the light of the medieval thinker St. Thomas Aquinas. It was concluded that there is a need for social living. A good citizen is one who has an unselfish love for the common good of his state; a love issuing forth in an efficacious desire to see that good is procured and furthered. Thus, a good citizen realizes that he is part of a social and political society. Thus, his personal goodness, and the goodness of his actions contributes to the good of all. KEYWORDS: Sociology, Urban Violence, Self-defense, Thomas Aquinas, Qualitative Research,Nigeria. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Violence and AccusationPaul Dumouchel (bio)ACCUSATIONAn accusation is at first sight a triadic relation. Accusing relates three poles: the accuser, the accused, and what he or she is accused of—which is also often referred to simply as the "accusation," as if that accusation, the fault or the crime that is reproached in the person, were enough to define what it is to accuse. A person accuses another one (...) of something, which is then three terms. This is both a social and a mundane relation: social because it relates two agents, and mundane, because the person accused is not what he or she is accused of, which pertains to the world—to what is—and in that sense is an object. The object of the accusation, the fault or crime, the accused's action that is condemned by the accusation is something that is different from the accused him or herself. Though this action is in some way a "nonmaterial" object, it is certainly not immaterial. The accusation remains in the world, which it has changed by declaring someone guilty of something. It is therefore a mundane [End Page 15] object, something that can be accessed and talked about by different people. "He robbed his father!" or "She set the house on fire."The apparent simplicity of the accusation as a triadic relation is, however, misleading, because an accusation is, by definition, not addressed primarily, or partially, nor even at all to the accused. The accusation is always addressed to one or more others, to third parties who are neither the accuser nor the accused. This is unlike a curse, which is (or at least can be) a relation of pure sociality, that is, a relation that remains confined to the limited domain defined by the person who curses and the other who is cursed.1 An accusation, to the contrary, is always open to the public, a public to which it is addressed. Through his accusation the accuser solicits the support and help of others, of third parties to whom it is addressed. Further, the accusation only succeeds when third parties agree with the accuser and accept to condemn the accused, or at least to hear the accuser. The success of an accusation therefore is not in the hands of the accuser, nor of course of the accused, but in the hands of those to whom it is addressed.That is why accusations always play a role in collective violence. The whole point of the accuser in formulating the accusation is to get others to join in his conflict with the accused. Accusers seek allies. They are asking for the force and violence, or at least for the "moral" support of others. That is why collective violence can only be understood if we take into account the role of third parties in relations with the accusations made against the victims.An accusation is already in itself a form of violence, precisely because, unlike a reproach, it is not really addressed to the person whom it targets. It is not a form of dialogue between the accuser and the accused, but an action that indicates that "there is no point talking," that what is needed or desired to put an end to the conflict is the force that others can bring or for the accused to recognize his or her fault. Because it does not imply any dialogue with the accused, as a gesture an accusation can be extremely simple. Accusing can even be done without using language, simply by pointing at someone. In many circumstances that gesture is enough to designate a culprit, a victim, someone who should not be there, or not there at that time. Pointing can provide a sufficient answer to many questions like "who did this?" or "how did this happen?," but also to unformulated questions, for example, a general sense of unease. Pointing is enough to indicate the person who has done something that should not have been done. Accusing is also a form of violence because, especially in the absence of culturally or legally well-defined contexts, the consequences to which the accusation may lead for the accused are to the... (shrink)

This article examines conceptualisations of violence against women developed in Brazilian feminism, and in legal and institutional measures against violence, from the 1980s to the present. Based on ethnographic studies carried out at the Women’s Police Stations and Special Criminal Courts, and the controversies surrounding the 2006 Brazilian Law on domestic and familial violence, the authors map the meanings of expressions such as ‘violence against women’, ‘marital violence’, ‘domestic violence’, ‘family violence’ and ‘gender (...) violence’. The article reveals that the discourse that transforms violence into crime, in the Brazilian context, leads to semantic and institutional developments that replace an interest in politicising justice for the defence of women with the judicialisation of family relations. (shrink)

Research exploring risk factors of gun violence is limited, especially research involving women as perpetrators of violence. Yet, women account for 18–21% of convicted violent crime. The present study aimed to test if psychopathy, a notable risk factor for violence, was related to past convictions of gun violence, general forms of violence, and non-violent crime. In a sample of 206 female offenders, multinomial logistic regressions assessed how interpersonal, affective, and behavioral psychopathic traits increased (...) the likelihood of women belonging to the gun violence group, a violent crime group, and a non-violent crime group. Results showed the interpersonal and affective facets increased the likelihood of women belonging to the gun violence group compared to both the violent and non-violent crime groups. The behavioral facet increased the likelihood of women belonging to the violent crime group when compared to the gun violence and non-violent crime groups. These results suggest that gun violence has different risk factors than violent and non-violent crime. This line of inquiry indicates that existing violence prevention strategies may need to be modified to address gun violence. (shrink)

In recent years, the National Crime Records Bureau recommendation is that the growth rate of crime against women has skyrocketed in India, even higher than the population growth rate. According to lawyer, Kamlesh Vaswani, the commercial exploitation of coital activity paramount in pornography is the result of crimes against women, and fills perverse traits in the roots of society. Following that, he filed a petition (2013) in the Honourable Supreme Court to blanket ban pornography with the aim of (...) diluting the subordination of women and the crimes against women in society. Taking this into consideration, I argue that the Vaswani petition draws back the issue of twentieth century Western political and philosophical debate on pornography which triggers one of the moot problems of moral legislation—whether the state should be neutral or not towards individuals’ preferences, merits, desires, and the status to live well. This article focuses on whether this discourse has any relevance in the Indian value system. In this article, through the comparison between Indian and Western values, I make an attempt to analyse the moot problem of moral legislation which is bridging the gap between public and private morality for the well-being of women as well as our society. (shrink)

Vigilante violence tends to take place in areas or situations in which the state is unable or unwilling to provide for the safety of certain groups. Crime control vigilantism can be understood as an alternative means of controlling crime and providing security where the state does not. The violent punishment inherent in vigilante activity is generally with the ultimate goal of providing safety and security, and thus should theoretically “fit the crime” and not be excessive. However, (...) in many acts of vigilante violence this is not the case, and vigilantism takes on an extraordinarily violent character. This article examines vigilante violence in three South African townships through the micro-sociological perspective of violence developed by Randall Collins, “forward panic.” Forward panic is a process whereby the tension and fear marking most potentially violent conflict situations is suddenly released, bringing about extraordinary acts of violence. Based on data from eighteen interviews gathered from the Johannesburg townships of Diepsloot, Freedom Park, and Protea South, I analyze respondents’ accounts and experiences with vigilante violence using the framework of forward panic. The data confirm that many acts of vigilante violence in South Africa’s townships can be clearly categorized as episodes of forward panic and that although Collins’s conception of forward panic focuses on the individual, the conditions that create the emotional potential for forward panic in an individual can be structural and thus create the potential for forward panic in entire groups or parts of communities. (shrink)

Nirbhaya, Asifa, Manisha Valmiki, and the list of victims, (be it women, children or men) in India goes on. There is myriad of legislations enacted in the past to curb the offences, but the crimes in the society seem to be unstoppable. During the COVID time, in the lockdown too, the crimes continued to take place. There were several instances of domestic violence and rapes heard in news. Many instances of suicides were reported. It is really difficult to understand (...) what place in the country is safe for the existence and peaceful survival of any person? The question that arises is whether a victim who comes before the court is provided with the adequate relief? Has the Judiciary or the Parliament done something with this regard? Does the concept of compensatory jurisprudence exist in India? What more is required to be done to enhance the position of victims and rehabilitate them? The research article shall look into the concept of compensatory jurisprudence with respect to India and other nation states as well. There are prevailing enormous laws which discuss about the punishment to be given to the accused person guilty to have committed crime, but unfortunately, there is no specific law regarding the steps to be taken to rehabilitate a victim who has been the subject matter of any crime. The research paper shall deal with various aspects and try to analyse laws or rules, if any, existing with regard to the protection of victims in India or around the globe. It shall also try to look into the role that the States play in rehabilitating and compensating the sufferers and victims of various crimes. The article shall conclude with suggestions as to how the research gaps related to victim reparation be filled. (shrink)

In the year ending March 2020, an estimated 773,000 people in England and Wales were sexually assaulted. These types of crimes have lasting effects on victims’ mental health, including depression, anxiety, and post-traumatic stress disorder. There is a large body of literature which identifies several factors associated with the likelihood of the victim reporting a sexual assault to the police, and these differences may be due to rape myth stereotypes which perpetuate the belief that rape is only “real” under certain (...) conditions. Less is known, however, about the effect these rape myths and stereotypes have on the investigation process itself and the subsequent police outcomes assigned to sex offences. This study aimed to address this gap, providing a profile of all RASSO (rape and serious sexual offences) committed over a 3-year period in one English police force, the police outcomes of these offences, and whether any offences, suspect, or victim variables were associated with different outcomes, in particular the decision to charge or cases where victims decline to prosecute. In line with previous research, the majority of victims were female while the majority of suspects were male, and the most frequent victim–suspect relationship was acquaintance, followed by partner/ex-partner. Charge outcomes were more likely in SSOs and less in rape offences, more likely with stranger offences and less likely than offences committed by partners/ex-partners and relatives, and some non-white suspects were more likely to be charged than suspects of other ethnicities, including white suspects. Victim attrition was more likely in cases where the suspect was a partner or ex-partner and least likely where the suspect was a stranger, more likely in SSOs than in rape cases, and more likely when the victim ethnicity was “other”. Law enforcement should be aware of the potential biases, both relating to rape myths and stereotypes and to the biased treatment of victims and suspects based on demographic characteristics, and work to eliminate these to ensure a fairer and more effective RASSO investigative process. (shrink)

Unlike one-to-one threats, terrorist threat texts constitute a form of violence and a language crime that is committed in a complex context of public intimidation, and are communicated publicly and designed strategically to force desired sociopolitical changes [19]. Contributing to law enforcement and threat assessors’ fuller understanding of the discursive nature of threat texts in terrorism context, this paper examines how language is used dialogically to communicate threats and to construct both the purpose of threatened actions and the (...) victims. The paper uses a critical discourse analytic approach and takes a set of eleven digital threat texts made by two jihadists as a case study. It draws on van Dijk’s concept of ideology [64], the law enforcement-based taxonomy of threat types as reported by Napier and Mardigian [40], van Leeuwen’s model of social actor representation and discursive construction of purpose of social actions [69], and Martin and White’s Engagement system [34]. The analysis reveals victims specified and genericised, excluded and adversary. This linguistic construction is underpinned by a dichotomous conceptualisation of the social actors’ affiliations, positions, values, cultural activities, goals, and material and symbolic resources. The threats are delivered to the victims, agents acting on their behalf (e.g. security forces) or property associated with them (e.g. oil refinery), and are of two primary types—direct, and veiled. The former are predominant and serve inter alia to augment the public-intimidation impact of terrorist discourse. Threatened violence is of goal-, means- and/or effect-oriented social purposes, which suggest a categorisation of threats based on these purposes. The analysis reveals a dialectic, refutative nature of argumentation, and a discourse pregnant with heteroglossic utterances that contract (i) to close off and disalign with state officials’ contradictory voices, and (ii) to produce tension, providing clues to terrorists’ motivations and what constitutes the heart of political violence. (shrink)

This paper organizes the question of gun controls as violence policy under two quite different headings. The first issue to be discussed is the relationship between gun use and the death rate from violent crime. The second question is whether and how firearms control strategies might reduce the death rate from violence. When we review the evidence on the relationship between guns and violence, it seems clear that gun use, usually handgun use, increases the death rate (...) from violence by a factor of three to five. Nobody in mainstream social science or criminology argues against such weapon effects these days, although some are more skeptical of the magnitude estimated than others. Thus the problem is both genuine and important. (shrink)

In 1998, the Labour government introduced legislation broadening British sentencing powers in relation to crimes aggravated by the offender's hostility towards the victim's actual or perceived race, religion, sexual orientation or disability. Gender is a notable omission from this list. Through a survey of eighty-eight stakeholders working in the violence against women (VAW) sector, this paper explores both the potential benefits and possible disadvantages of adding a gender-based category concerned with VAW to British hate crime legislation. The majority (...) of participants believed that a hate crime approach would offer significant benefits, especially in terms of the symbolic power of the law to send a message to society that VAW is unacceptable. However, most also recognised that the addition of a VAW category to current legislation would involve major practical and conceptual difficulties, not least those resulting from problematic assumptions about the nature of hate crimes versus VAW, and a general unwillingness on the part of policy-makers to address the socio-cultural inequalities that underpin VAW. Overall, the fact that the majority of participants favoured inclusion, on the basis that the possible symbolic benefits were likely to outweigh the potential practical disadvantages, is significant: it speaks to the power of hate crime legislation to challenge many forms of inequality and discrimination still endemic in British society. (shrink)

Rather than focusing on political and legal debates surrounding attempts to determine if and when genocidal rape has taken place in a particular setting, this essay turns instead to a crucial, yet neglected area of inquiry: the moral significance of genocidal rape, and more specifically, the nature of the harms that constitute the culpable wrongdoing that genocidal rape represents. In contrast to standard philosophical accounts, which tend to employ an individualistic framework, this essay offers a situated understanding of harm that (...) features the importance of interdependence and relationality and that conceptualizes harms as embodied and contextual. The paper ultimately reveals what is distinctive about this particular crime of sexual violence by exploring the logic of genocidal rape: genocidal rape involves the harm of forced self-betrayal unleashed relationally, causing victims as representatives of their group to participate inadvertently in the destruction of that group. (shrink)

In this paper I consider contemporary expressions of what Freud called the primal crime and collapse of paternal law through an exploration of the cinema of the Danish-American Director Nicolas Winding Refn. Introducing the paper I outline Freud’s theory of the law, crime, and civilization, where social order and its transgression become caught in an endless cycle, before moving on to explore Winding Refn’s cinema. Following this work, where I centrally show how Freud founds the law upon structures (...) of the family and criminality, I consider Winding Refn’s early Danish films, specifically the Pusher trilogy and Bleeder, in order to show how he imagines the collapse of law and order into crime and violence through stories of the ruined family. Moving on, I explore the consequences of this situation through reference to Winding Refn’s middle period films, Bronson and Valhalla Rising, where first crime completely dominates the law, and second this situation conjures the idea of escape from the dystopia of violence and crime into some other utopian space. Finally, I explore Winding Refn’s later works, Drive, Only God Forgives, and The Neon Demon. In these films Winding Refn imagines the ruins of the family and the oedipal law of the father who is no longer on the scene and tells the story of the desperate orphaned child who grows up without the socio-symbolic structures in place in tell them how to live. At this point Winding Refn’s crime system is more or less entirely normalised with the result that it generates the idea of utopian possibility in order to imagine potential escape from the nihilistic horror of an asocial system where exchange is everything. (shrink)

In the UK and USA ‘Hate crime’ has become a topic of public controversy and social mobilization around issues of violence and harassment. This has largely but not exclusively addressed racism, homophobia and gender based violence. This article has three objectives. First, to situate hate crime legislation within a broad theory of modernity;secondly to examine the politics of its emergence as a public issue; thirdly to use data from the authors' recent research in Greater Manchester to (...) illuminate the complexity of the concept of ‘hate crime’. The centrality of ‘hate crime’ to current debates derives from the importance of rights-based regulation of complex societies and the juridical management of emotional life. Hatred and violence have become problematic behaviour thrown into relief by a long term civilizing process. Hate crimes have thus acquired powerful rhetorical focus for mobilization of victim and identity politics. With reference to racist violence in Oldham and elsewhere in Greater Manchester, we argue that in its application and construction, however, ‘hate crime’ is a complex phenomenon that might dramatize rather than regulate the problems it seeks to address. (shrink)

Western societies characterize by promoting material well-being enrooted in legal-rational administration as a form of development. Although, the study of crime has been broadly studied in recent years, many scholars devoted attention in analysing the bridge between authority and penitentiaries. This paper obliges us to rethink the relationship between mythopoeia, punishment and crime. Social deviation is often represented as a taboo wherein offender is loathed. Each group in different ways legitimates their own ways of economical production. Our modern (...) capitalist world is provided with an impersonal logic based on imbalances of class and the exploitation of weaker workers. Inversely, the life in prison draws on solidarity considering violence and strength as a mechanism for social upward. From this point of view, everyone who abused of weakest in their crimes are subdued to the authority of all who are jailed due to crimes committed against strongest, the State or the Police. Not only the logic of civility is upheld, but also the prisoners trivialize the power of State in spite of rehearsed hardermethod of repression. Certainly, by understanding the nuances of this discourse in sites of imprisonment are a pathway to realize about the limitations of our own society and style of life. The otherness calls our difference questioning our proper way of constructing the reality. (shrink)

Simone de Beauvoir and the Colonial Experience presents a gendered and female perspective of French colonialism between 1946 and 1962. Beauvoir’s colonial reflections can help us to better gauge how women—White, Asian, Arab, Caribbean, Latina, mixed race, and Black—decipher the crimes and injustices of French colonialism.

In lieu of an abstract, here is a brief excerpt of the content:SENECA FALLS INHERITANCE: DISENTANGLING WOMEN, LEGISLATION AND VIOLENCE IN MONFREDO'S HISTORICAL CRIME FICTION Rosemary Erickson Johnsen National Coalition ofIndependent Scholars That men were not prevented by courts or clergy from mistreating their wives meant that, to society's institutions, women had no value. A man could be jailed, even hanged, for stealing another man's horse, but not even reproached for beating his wife. (Miriam Grace Monfredo, Through a (...) Gold Eagle) Miriam Grace Monfredo's feminist genre fiction, her "historymystery " series featuring nineteenth-century librarian Glynis Tryon, offers an opportunity to find a way ofreading literary texts that is not only feminist, but also Girardian. Girard's work provides two clear ways to construct feminist readings directly, without the mediation of overtly feminist theory. First ofthese is Girard's respect for the "quasi-theoretical" potential of literary texts, especially some of those which attend to apparently trivial matters. In Deceit, Desire and the Novel, Girard argues that (male) novelists offer insights unavailable elsewhere, including those scientific fields that claim to know more than everyone else. In its valuing of questions about snobbism, for example, Deceit, Desire and the Novel offers a woman-friendly model. The (male) novelist's question about snobbism is "too frivolous" for (men of) science, but Girard argues that "in his probe of snobbism the novelist is asking himself in his own way just what Rosemary Erickson Johnsen59 might be the hidden springs that make the social mechanism tick" (220). While I regret the fact that Girard's examples and language often ignore women, I believe his conviction that attention to matters socially coded as superficial and frivolous can produce great insight is one feminist critics can appreciate. The second Girardian tool feminists can rely upon is the method of reading texts of persecution described in The Scapegoat. Girard suggests how we might read texts ofpersecution written by naive persecutors in ways that identify with the persecuted and gather the information unintentionally supplied by the authors: "I call those persecutors naive who are still convinced that they are right and who are not so mistrustful as to cover up or censor the fundamental characteristics of their persecution. Such characteristics are either clearly apparent in the text and are directly revealing or they remain hidden and reveal indirectly" (8). Monfredo's crime novels, set in the mid-nineteenth century and focusing on such disenfranchised groups of citizens as women, slaves, Native Americans, and free African-Americans, depend for their verisimilitude on her ability to read historical sources and literary predecessors in just such a way. Accuracy requires that Monfredo's works be categorized as feminist historical crime novels, however awkward such a lengthy description may be. Her novels observe the principles not only of both genres—historical fiction and detective fiction—but also the political position offeminism, and they meet these multiple demands with considerable skill. Furthermore, resolution in crime fiction depends upon the law; working within that tradition, Monfredo is called upon to seek solutions within the system, to look for justice as the result ofa proper functioning ofthe legal and social systems. Information gathered, whether by the official representatives ofthe law or by amateurs, is turned over to the authorities. While her novels clearly respect that tradition, they also point out some limits to the judicial system's ability to contain violence. Girard's model ofits functioning, as described in Violence and the Sacred, depends upon an equality that whole segments of the society Monfredo is depicting do not in fact enjoy: "The judicial authority is beholden to no one. It is thus at the disposal ofeveryone" (23). Ifwomen cannot own property, enter into contracts or sit on juries, in what sense is the law at their disposal? Monfredo's exploration ofthis question takes its place alongside Girard's explanation of the legal system's proper functioning; ifhis theory reveals how it works when all are enfranchised, her fiction suggests some ofthe consequences that result from the existence of disenfranchised subjects. 60'Seneca Falls Inheritance' Our Seneca Falls Inheritance In her first book, Seneca Falls Inheritance (1992), Monfredo offers a theory for the reduction of violence against women: provide women with complete legal equality. The... (shrink)

The U.S.-led global LGBT human rights campaign, formalised on International Human Rights Day 2011, sutures human rights policing with a politics of protection. Centred on a singular LGBT victim of violence, the campaign’s multiple projects legitimate military and financial intervention under the auspices of human rights. This article examines the regulatory production of globalised LGBT rights through the nexus of international LGBT human rights/hate crime laws, U.S. asylum law, and equal protection treatment of sexual orientation. I argue that (...) the juridical and ideological frameworks that guide state action in each of these areas converge in the construction of an immutable LGBT identity that is the object of racialised, culturally othered violence. This rendering of sexual difference through the flattening of culture elides structural violence and advances human rights imperialism. (shrink)

ABSTRACTHate crimes in the United States have drastically increased since 2015, particularly for the American Muslim population. There was a 17% hike in hate crimes against American Muslims in 2017...

The paper shows mechanisms and manifestations of the challenges for the security in the South American Tri-Border Area. It analyses the background of the activity of chosen organized crime and terrorist groups in this region. The article refers to some social and economic conditions for the spread of violence and illegal business in the area. It is focused on the most important dimensions of these problems and on the strategy implemented by South American governments to fight and prevent (...) organized crime. The paper shows how the security forces deal with the threat and evaluate the impact of these efforts. (shrink)

Systematic killing has long been associated with some of the darkest episodes in human history. Increasingly, however, it is framed as a desirable outcome in war, particularly in the context of military AI and lethal autonomy. Autonomous weapons systems, defenders argue, will surpass humans not only militarily but also morally, enabling a more precise and dispassionate mode of violence, free of the emotion and uncertainty that too often weaken compliance with the rules and standards of war. We contest this (...) framing. Drawing on the history of systematic killing, we argue that lethal autonomous weapons systems reproduce, and in some cases intensify, the moral challenges of the past. Autonomous violence incentivizes a moral devaluation of those targeted and erodes the moral agency of those who kill. Both outcomes imperil essential restraints on the use of military force. (shrink)

The aim of the present text is to offer an interpretation of Eyal Weizman’s_concept of forensic aesthetics, demonstrating how this approach reveals the ways in which the aesthetic perception of violence, trauma, and decomposition of human dwelling can be transformed in the current digital optical war regime. Forensic aesthetics tries to grasp a_forensic sensibility as both an aesthetic and political practice, requiring individuals to become sensitive to violence and be able to comprehend and experience the affects of disintegration, (...) trauma, and despair that are characteristic of the experience of the survivor. The environment, dwelling, and architecture are not only inert observers, but rather have become material witnesses of crimes, violence, and destruction of various dwellings inhabited by various species. The application of digital technologies in forensic aesthetics carries a strong ethical appeal to avoid injustice. Traces and fragments of evidence, as well as multiple videos and images, are synchronized and recomposed within digital architectural environments and dwellings, as an optical and interpretative tool that shapes a new type of aesthetics. (shrink)

Although the family is the safest environment for each member, sometimes violence and abuse can come from the family members. Violence causes family relationships to deteriorate as in all other relationships among people. Sibling violence, as a form of domestic violence, can sometimes have dire consequences that can result in family breakup, death or long-term loss of one of the siblings. In this study, sibling violence, which has the potential to harm family relations in such (...) a way, will be discussed in the context of two stories in the Qurʾān. It is aimed to contribute to other disciplines that study on this subject by examining the attitude of Islam against this violence, which affects the family, and the solutions of the Qur’ān to sibling violence. These stories in the Qur’ān are the story of Prophet Adam’s two sons who narrate an incident of violence that result in the brother killing his brother, and the story of Prophet Joseph and his brothers who narrate the sibling violence resulting in long-term loss. Both stories provide clues to the prevention of violence in the light of the causes of sibling violence and the behavior of the victim sibling in the development of events. In addition, because of the fact that these stories have taken place in the family of the prophets, they give people the message that sibling violence can happen in any family.Summary: Because of the social nature of the mankind, it must live in structured societies. Family is the medium for him where he is born, raised, socializes and prepares for his future life. It is normal sentiments of love, mercy and tolerance which dominate in a family. But despite this, it is possible for a family member to be a transgressor against another family member’s rights. Emotions like jealousy and hostility can cause violence between siblings. Psychologists generally attribute the source of this kind of violence to the parents’ failure to show equal love and affection to all children. While this is an important cause for violence among the siblings, craving for attention and acceptance from society, trying to achieve material and sensual superiority and desire for social success can incite feelings of envy among the siblings. While feelings of jealousy is unproblematic when its intensity can be considered normal, it can cause psychological imbalance if it increases to the level beyond manageable limits. If the latter case occurs, this produces a state of mind where a sibling becomes capable of committing every act of transgression to another sibling, which is the most important cause for the violence among siblings.Archetypical stories of Cain and Abel, and Prophet Joseph in the Qur’ān provide some clues pertaining to recognition and prevention of violence among the siblings. In these two parables, the real reason for envy does not lie in the other sibling. According to the Qur’ān, the true reason for this envy is attributed exclusively to the transgressor. In the parable of Cain and Abel, source of the problem between the siblings is the sacrificial offering to Allah. While the offering of Abel was accepted, Cain’s was not. Cain felt jealous and threatened his brother with death. Facing with his brother’s threat, Abel stayed firm and peaceful, said to his brother that if he were to attack him, he will not retaliate even for self-defence. He reminded Cain that his envy and anger was not due to him, Abel. Abel reminded Cain that the act that Cain was contemplating was a great sin in Allah’s eyes and that it is punishable by eternal hellfire. Cain, despite these warnings, went on to implement his intention of murder successfully.When we inspect the parable we can see that Abel was free from any guilt on his part for his brother’s envy which is the source of his transgression. His sacrifice was accepted because Abel was among the pious and this doesn’t harm or effect negatively Cain in anyway. Therefore the main cause for the jealousy of Cain is his unworthiness in the eyes of Allah, in reality, the reason is solely Cain himself. Therefore it is totally unfair when Cain put the blame on his brother Abel. By the way of this example, the Qur’ān reminds mankind not to blame others for his problems and to take responsibility. Envy, which is the main reason for violence among siblings, will cloud judgment and prevent clear thinking. In the parable of Cain and Abel, the Qur’ān recommends not to taunt the already jealous sibling by way of words and actions and instead, encourages warning against the grave consequences of evil intentions both in this world and in the hereafter. In the parable of Prophet Joseph, because of jealousy of their father from Joseph, bigger brothers of Joseph planned to kill him but they give up on the idea of killing him and instead they dumped him in a well. Later on in the parable, some merchant finds Joseph and brings him to Egypt. There, Joseph becomes a high ranking statesman and meets with his older brothers. Because of the famine, older brothers are in need of Joseph for food and asks him for it, without knowing that the person they are asking from is their little brother, Joseph. Although Joseph faces with his brothers on a superior position his behavior exemplifies the best course of action to end violence among the siblings. In order to remove animosity and callousness from his brothers’ heart, the gradual plan that Joseph had implemented is a great example for healing the wounds that violence among the siblings can cause. It is unreasonable to expect all the animosity and jealousy that brothers of Joseph held for years to go away completely in a moment. Prophet Joseph did not remind his brothers of their crime, on the contrary he was very generous to them. He brought their father and their brother Benjamin to Egypt and in front of them Prophet Joseph forgave his older brothers for the crimes they had committed against him. In this way, Prophet Joseph prevented his brothers potentially denying every transgression they did if he were to confront them in their first meeting, and made them ready to accept their evil deeds.Parables of Cain and Abel and Prophet Joseph are important for recognizing that envy can destroy the mercy that the siblings innately have for each other. It is understood from the parables that envy must be controlled and violence can’t be realized under any circumstances. It is clear from these parables that violence is never a solution for the jealousy among the siblings. A positive and viable solution would be for Cain to seek Allah’s approval instead of killing Abel and for brothers of Joseph this would be to earn their father’s love and respect. Introspection and analysis regarding possible reasons for jealousy and trying to resolve them and striving to be a better human, sibling, or child is a solution prescribed by the Qur’ān. Also, importance of speaking in a soft tone with the person who is experiencing intense jealousy, avoiding provocative language and behavior and trying every possible way to set this person straight is emphasized. The Qur’ān reminds us through these two parables that the human nature is prone to evil suggestions from the satan and for this reason humans need generous and benevolent help from others in order to clear themselves from these evil temptations. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights (...) such as killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

The present study provides analysis of the institutionalization of historical revisionism in Ukraine and examines the impact of this revisionism on the formation of modern Ukrainian criminal policy. The characteristics of the Organization of Ukrainian Nationalists and its armed wing, the Ukrainian Insurgent Army, will be determined, and their role during World War II will be analyzed, with special emphasis placed on their involvement in crimes against humanity. The study focuses on the fact that the Organization of Ukrainian Nationalists and (...) the Ukrainian Insurgent Army have all the features of profascist organizations, and in this regard, the institutionalization of their heroization not only creates the prerequisites for modern glorification of Nazism, but also constitutes a legal basis for the decriminalization of glorification of Nazism, as well as for the criminalization of behavior disputing this glorification. (shrink)

The political articulation of sexual violence, as legally understood today, took place in India from 1970s onward. In succeeding decades, its definition broadened, positioning it in contexts of caste-based violence, of violence against women at workplaces, and of custodial violence. The Delhi gang rape case, in 2012, introduced another set of political and legal articulations, simultaneously revealing the very politics around them. This paper begins by tracking these phases and definitions, to emphasize one area where such (...) violence has been vocalized the most in recent years, i.e. institutes of higher education in India. Legal codes in this context, carry grave contradictions. Beside, altogether different interpretation occurs when these are applied within institutes of higher education via bureaucratic channels. Recorded cases have shown presence since 2013, except in some regions which appear in negligible measure. Therefore, alongside tracing the historical journey of political articulations of sexual violence in institutes of higher education, this paper takes the case of Raipur city, in the state of Chhattisgarh located in the central-eastern part of India, which has negligible presence in sexual violence crime records in the context of higher educational institutes. Based on a close reading of legal texts, and field visits conducted across institutions in Raipur between 2020–2022, I argue that the limitation of law in combating gender violence, appears not when it is neglected, but often when it is consciously reinterpreted against minority communities, despite claiming to protect those very communities. I attempt to reassess the potential of ‘law’ as a tool to combat gender violence, around existing debates around society and law. (shrink)

Healthcare trends, stressors, and workplace violence -- Patient privacy and exploitation -- Abuse and assault -- Fraud and theft -- Suspicious death and homicide -- Investigations, sanctions, and discipline -- Prevention strategies and the future of healthcare crime.

This article examines the debate on whether to analyse ‘honour crimes’ as gender-based violence, or as cultural tradition, and the effects of either stance on protection from and prevention of these crimes. In particular, the article argues that the categorisation of honour-related violence as primarily cultural ignores its position within the wider spectrum of gender violence, and may result in a number of unfortunate side-effects, including lesser protection of the rights of women within minority communities, and the (...) stigmatisation of those communities. At the same time it is problematic to completely dismiss any cultural aspects of violence against women, and a nuanced approach is required which carefully balances the benefits and detriments of taking cultural factors into account. The article examines the issues within the context of the legal response to cases involving honour-related violence, arguing that although the judiciary has in a number of cases inclined towards viewing ‘honour’ as primarily cultural rather than patriarchal, in some cases they have begun to take a more gender-based or ‘mature multiculturalism’ approach. (shrink)

In this article I examine the legal framework for addressing violence against women in post war Guatemala. Since the signing of the Peace Accords in 1996, judicial reform in Guatemala has included the passing of laws in the area of women‘s human rights, aimed at eliminating discrimination and violence against women. These laws constitute a response to and have occurred concurrently to an increase in violent crime against women, particularly in the form of mass rapes and murders. (...) Drawing on fieldwork conducted in Guatemala‘s Metropolitan Area, this paper juxtaposes the laws for addressing violence against women to Guatemalan women‘s complex, multilayered and multi-dimensional life experiences. The latter expose the limitations of strictly legal understandings of the phenomenon of gender-based violence, and highlight the need for broad social justice approaches that take into account the different structures of violence, inequality, and injustice present in women‘s lives. (shrink)

In political philosophy, trust, legality and violence are interdependent, with different weights, connecting and excluding. Trust structures suffer most from an anticipation of violence or violence itself. Violence systematically takes place in three stages, according to the german sociologist Jan-Philipp Reemtsma: expulsive, abusive, and homicidal violence, all of which have their distinctive and recurring verbal and nonverbal equivalents. The hyperviolence phenomenon goes beyond this, however, and even mutilates the dead body, whether actually physically, or through (...) massive propaganda that declares the enemy a killable non-human. The goal of hyperviolence is a demonstration of absolute power over victim and bystander by means of a traumatizing violation of trust, reason, and individuality. At the same time, hyperviolence is an atavism in modernity (a historical regression); therefore the practitioner of hyperviolence is the anti-modern type par excellence. The french philosopher Georges Bataille introduces here the concept of "sovereignty" and the "sovereign" as the perpetrator also of hyperviolence. The sovereign's sovereignty is the immediate experience of the moment, free of any responsibility, with a rhetoric of mock justification of each of the three types of violence including hyperviolence. With the ahistorical view of escalating violence and the denial of any rational legitimation by the sovereign as the actor of hyperviolence, the structure of trust and the contract system of democracy itself is also endangered. So the question is, how does one unmask the "sovereign" on his way to undermine legal relations already in his linguistic patterns, in his non-linguistic codes, and how can escalation be prevented by early detection? Keywords: violence, hyperviolence, criminal linguistics, Georges Bataille, sovereign. (shrink)

Introduction -- John T. PARRY: Pain, Interrogation, and the Body: State Violence and the Law of Torture -- Fernando PURCELL: "Too Many Foreigners for My Taste": Law, Race and Ethnicity in California, 1848-1852 -- Shani D'CRUZE: Protection, Harm and Social Evil: The Age of Consent, c. 1885-c. 1940 -- Ruth A. MILLER: Sin, Scandal, and Disaster: Politics and Crime in Contemporary Turkey -- İştar GÖZAYD1N: Adding Injury To Injury: The Case of Rape and Prostitution in Turkey -- Dani (...) FILC and Hadas ZIV: Exception as the Norm and the Fiction of Sovereignty: The Lack of the Right to Health Care in the Occupied Territories -- Alban BURKE: Mental Health Care During Apartheid in South Africa: An Illustration of How "Science" Can be Abused -- Rui ZHU: Schistosomiasis and Capital Marxism -- Elena A. BAYLIS: The Inevitable Impunity of Suicide Terrorists -- Douglas J. SYLVESTER: The Lessons of Nuremberg and the Trial of Saddam Hussein -- Kirsten AINLEY: Responsibility for Atrocity: Individual Criminal Agency and the International Criminal Court -- Roberto BUONAMANO: Humanity and Inhumanity: State Power and the Force of Law in the Prescription of Juridical Norms -- Vincent LUIZZI: New Balance, Evil, and the Scales of Justice -- Jody LYNEÉ MADEIRA: The Execution as Sacrifice -- Bram IEVEN: Legitimacy and Violence: On the Relation between Law and Justice According to Rawls and Derrida -- Notes on Contributors. (shrink)

Recent decades have witnessed rape and sexual violence used on such a massive scale and often in a widespread and systematic program that the international community has had to recognize that rape and sexual violence are not just war crimes but might be crimes against humanity or even genocide. I suggest that just war theory, while limited in its applicability to mass rape, might nevertheless offer some framework for making the determination of when sexual violence and rape (...) constitute war crimes, crimes against humanity, or genocide. In addition, just war theory can provide the normative justification individual soldiers need to resist orders and actions that demonstrate egregious moral breakdown as found in instances of mass rape and systematic use of sexual violence, and just war criteria demonstrate that the use of rape and sexual violence in war time can never be legitimated, especially in the case of prisoner interrogation. (shrink)

The law marks a significant difference between violent and non-violent criminal actions. Violent crimes are typically met with more severe punishments and consequences than non-violent crimes. Even in discussions of criminal justice reform, the refrain remains: violent crime is different; those convicted of violent crimes are different; and it is appropriate to respond to violent crime differently. This article argues that the violent/non-violent distinction cannot bear the normative weight placed on it and that we should jettison violence (...) and move to thinking about objectionable harm caused and risked. There are moral constraints on punishment from considerations of proportionality and equality, these are connected to wrongful harm and facts about agent culpability, and there is no consistent relationship between violence and wrongful harm nor between violence and culpability. The article concludes by offering an error-theory concerning our commitment to treating violent crime differently and suggests that morally better categorizations are available. (shrink)

The aim of this paper is to contribute to the understanding of imagistic violence by focusing—by means of a phenomenology open to dialogue with neighboring disciplines, from historiography to semiotics—on the particular case of photographs depicting atrocities, examples of photojournalism or images captured at crime scenes by forensic agents and presented as evidence during trials. To this end, I will implement a three-step analysis. First, I will seek to clarify the meanings associated with photography presented as evidence by (...) adopting Husserl’s phenomenological framework and by following a historiographical and juridical approach while verifying the grounds for the opposition that appears to be emerging between a paradigm of resemblance and a model of indirect, conjectural knowledge. Second, I will focus on how photography’s capacity to sustain a maximum degree of the reproduction of the real is problematized when the pictorial object is a violent scene that suspends, contradicts, and dismantles the order of the viewer’s experience. Finally, I will conclude by offering a hypothesis on the act of “seeing-with-other” and its phenomenological implications for the case of imagistic violence as evidence. Specifically, I will argue that we are more likely to understand imagistic violence at the level of a collective seeing than through a solitary gaze. (shrink)

This article foregrounds an unofficial, “dark” strand of shamanic revival, which lies at the interstices of local inspirational religion and the state’s law in a Siberian periphery. Focusing on consultations concerned with ritual healing and counter-cursing in the Russian Republic of Tuva/tyva, southern Siberia, the article documents a field of metaphysical disorder which is governed by shamans as purveyors of “forensic” evidence of cursing and as arbiters of justice. The data on counter-cursing consultations evince a social perception of shamanism as (...) a redress for kinds of violence which transcend the limits of state law. Drawing on two shamanic narratives of affliction and its professionalization as a charisma for healing and revenge respectively, the article argues that a new kind of “forensic” evidence of crime and violence emerges from the materials on counter-cursing in Kyzyl. (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)

Criminal violence is one of the most pressing problems in Latin America and the Caribbean, with profound political consequences. Its effects on social policy preferences, however, remain largely unexplored. This article argues that to understand such effects it is crucial to analyze victimization experiences and perceptions of insecurity as separate phenomena with distinct attitudinal consequences. Heightened perceptions of insecurity are associated with a reduced demand for public welfare provision, as such perceptions reflect a sense of the state’s failure to (...) provide public security. At the same time, acknowledging the mounting costs and needs that direct experience with crime entails, victimization is expected to increase support for social policies, particularly for health services. Survey data from twenty-four Latin American and Caribbean countries for the period 2008–12 show that perceptions of insecurity indeed reduce support for the state’s role in welfare provision, whereas crime victimization strongly increases such preferences. (shrink)

This paper uses a materialist feminist discourse analysis to examine how women’s movement organizations, liberal Democrats, and conservative Republican legislators shaped the Violence Against Women Act and the consequences for intersectional and carceral feminism. Drawing on qualitative analysis of Congressional hearings, published feminist and conservative discussion of VAWA, and accounts of feminist mobilization around VAWA, I first show how a multi-issue coalition led by feminists shaped VAWA. Second, I show how discourses of crime intermixed with feminism into a (...) polysemic gendered crime frame that facilitated cross-ideological support. Third, I show how, in contrast, intersectional issues that activists understood as central to violence against women were discursively and structurally separated from gendered crime in Congress. Although a multi-issue movement coalition advocated for expansions in VAWA dealing with immigrants, unmarried partners, same-sex partners, transgender people, and Native Americans, these issues were understood in Congress through more controversial single-issue discourses and often considered in administratively separate Congressional committees. Fourth, I show how VAWA’s outcomes played out in terms of carceral and intersectional feminist goals. (shrink)