What's So Special about Specialized Courts? The State and Social Change in Salt Lake City's Domestic Violence Court

The nationwide growth in specialized or problem‐solving courts, including drug courts, community courts, mental health courts, and domestic violence courts, among others, raises questions about the role of the state with respect to social change. According to social control theories of the state, especially theories of technocratic or rationalized justice, law is increasingly about efficiency, speed, and effectiveness. Specialized courts, however, take on a social problem approach to crime, seeking to address crime's “root causes” within the individual, the society, and the larger culture in ways more characteristic of social movements. Are specialized courts about social control or social change? This study examines state action in a specialized court in domestic violence in order to examine this question. I focus on a domestic violence court that arose in February 1997 and four years later employed full‐time judges, prosecuting and defense attorneys, and numerous other staff to handle all misdemeanor domestic violence cases in Salt Lake County, Utah. I ask how legal, political, and community officials justify the court and its operation in order to examine some important issues about the role of the state and social change. Ultimately, I suggest that my findings about the complementary roles of social control and social change within domestic violence courts have implications not only for critical theories of technocratic justice and for the battered women's movement but also for democratic theories of the state.     

Spatial patterns of homicide and political legitimacy in Europe*

Political legitimacy, or a state's “right to rule,” has been a concern for philosophers, political scientists, and sociologists for centuries. This paper examines the relationship between European states' level of political legitimacy and violence, as represented by their homicide rate. It is theorized that political illegitimacy affects homicide through deteriorating social institutions of control, violating the rules of reciprocity between the state and citizens, and/or creating an environment of “virtual statelessness” that encourages methods of “self-help.” Focusing on the modernized societies of Europe, where legitimacy may be more important to maintaining order, the present study reveals two important findings: political legitimate states have significantly lower levels of homicide, and high and low homicide rates in Europe are significantly clustered among post-Soviet states (high) and Western Europe (low).     

DELINQUENCY,IDENTITY, AND WOMEN'S INVOLVEMENT IN RELATIONSHIP VIOLENCE*

This study focuses on factors associated with women's self-reports of relationship violence “perpetration.” We analyzed data derived from personal interviews with 942 respondents who were originally contacted when they were adolescents and then 10 years later as young adults (N=721). Level of delinquency in adolescence was a signicant predictor of adult reports of involvement in relationship violence, for both male and female respondents. In addition, women's scores on the Conflict Tactics scale were related to adolescent and adult identities-higher scores were found among women who reported that they had been viewed as troublemakers as adolescents and who endorsed statements indexing an angry self-concept in adulthood. Although male perpetration represents a much more serious social and public health problem, these data do suggest that there may be a social learning basis for female as well as male expressions of violence.     

INTIMATE PARTNER VIOLENCE IN U.S. METROPOLITAN AREAS: THE CONTEXTUAL INFLUENCES OF POLICE AND SOCIAL SERVICES*

Although community responses to the problem of intimate partner violence typically focus on increasing and improving policing and social services, few studies have examined the relationship among police force size, social service providers, and women's safety at home. To address this issue, we use data from the National Crime Victimization Survey to examine patterns of intimate partner violence for 40 metropolitan statistical areas (MSAs) over a 16‐year period (1989–2004). We analyze the data using three‐level multilevel models, with individual respondents (N = 487,166) nested within years, nested within MSAs. Net of other important individual and contextual factors, the results show that women's likelihood of victimization is significantly lower in MSAs that employ more sworn officers per capita, whereas the states’ mandatory arrest laws are not found to have significant independent effects. Above and beyond the effects of police force size, we also find a significant negative relationship between the size of the social service workforce and intimate partner violence. Future research should develop collaborative data collection efforts to examine the specific activities of police and social service workers in dealing with intimate partner violence so that the mechanisms underlying these significant relationships can be understood more clearly.     

Violence,Law, and Politics: Hannah Arendt and Robert M. Cover in Comparative Perspective

Despite many significant points of intersection between his work and that of Hannah Arendt, the legal scholar Robert Cover largely declined to engage her perspective, which posed major challenges to his own. While scholars seeking to rethink Cover's legacy in order to develop a jurisprudence of violence have criticized Cover's acquiescence to the Hobbesian model of the sovereign state, they have similarly ignored Arendt's critique of the Hobbesian model and her attempts to build an alternative to it. This article examines central issues of convergence and divergence between Arendt's and Cover's approaches to law, politics, and violence with the aim to redress this neglect of Arendt's perspective. It begins by focusing on their interpretations of the role and significance of the courtroom trial. It then compares their analysis of the character, effects, and implications of domination as a type of organized power and as a means of conceptualizing punishment, before it concentrates on their instrumental conception of violence, the issue of justification, and its relationship to power. The article concludes by arguing that Arendt's approach, which situates an analysis of law and violence within a broader critique of modernity, provides a more trenchant critical framework for examining the rise of the carceral state than does Cover's.     

Police authority and reform in Augustan Rome and nineteenth-century England

This paper examines the police reforms of Augustan Rome and nineteenth-century England against the back-ground of the sociohistorical conditions within which they occurred. It reveals that the localism of reforms in Rome and the centralizing reforms of England were part and parcel of the traditional and modern societies from which they developed. Although this analysis offers few, if any, unequivocal historical lessons concerning the local autonomy and public accountability of modern law enforcement, it does reveal one of its basic dilemmas. Today's police work rests upon a legal rational system of social organization. It is, nevertheless, carried out within the exigencies of local communities of which it is though to be responsive. This dualism between universalistic and particularistic principles underlies current discussions of crime control and order maintenance. Attempts to dissolve this dilemma by focusing upon crime control or order maintenance to the exclusion of the other are inadequate inasmuch as the dilemma belongs to the very structure of society. Consequently, solutions such as external review boards and monitoring agencies or civilian monitoring organizations seem more appropriate as a means of maintaining the presence of universal norms while at the same time increasing levels of public accountability.     

A PROACTIVE RESPONSE TO FAMILY VIOLENCE: THE RESULTS OF A RANDOMIZED EXPERIMENT

Recent British work has focused attention on preventing repeat victimization as part of an overall crime prevention strategy. Because domestic violence victims are among those most likely to suffer multiple victimizations, they are logical candidates for programs targeted at reducing repeat victimization.
This article reports on a joint law enforcement-social services approach to reduce the incidence of repeat domestic violence. The research design randomly assigned households reporting domestic incidents within two public housing police service areas in New York to receive or not receive a follow-up to the initial patrol response. (The follow-up visit was conducted by a police officer and a social worker.) In addition, housing projects in the same area were randomly assigned to receive or not receive public education about domestic violence.
Neither treatment produced a reduction in violence. However, households in projects that had received public education and households that received the follow-up visits were both more likely to report new violence to the police than households that did not receive the treatments. Moreover, the effect of the follow-up visit was most pronounced among households with more serious histories of violence. The results suggest that the interventions increased citizens' confidence in the ability of the police to handle domestic situations.     

Criminal Violence and Youth in Sweden: A Long-term Perspective

Since the mid-1980s, the Swedish public has become increasingly concerned about juvenile violence. This article confronts the public belief of increasing juvenile violence with systematic criminological data from crime statistics and other sources. Based on police and court statistics, as well as data from victimization studies and cause-of-death statistics, it is concluded that there is good reason to believe that Sweden is currently experiencing an 'enforcement wave' with regard to juvenile violence (particularly in the youngest age brackets), which reinforces the image of dramatic increases in the level of juvenile violence. The reasons why juvenile violence is thought to be on the increase even in the face of a lack of hard empirical evidence are discussed. Four long- and short-term trends are proposed as possible explanations: (i) the well-ordered modern society; (ii) the role of the mass media; (iii) the growth of feminine values; and (iv) the application of an offensive model of crime policy.     

SOCIAL INSTITUTIONS AND VIOLENCE: A SUB‐NATIONAL TEST OF INSTITUTIONAL ANOMIE THEORY*

Messner and Rosenfeld's institutional anomie theory is grounded in the assumption that relatively higher crime rates in the United States are due to (1) the overwhelming influence of economic motives and institutions in society, and (2) the subjugation of all other social institutions to cultural economic interests (e.g., the American Dream). Our analysis is designed to extend the limited body of empirical research on this theory in several ways. First, we seek to test the utility of institutional anomie theory for predicting crime rates across aggregate units within the United States (counties). Second, we draw out the theory's emphasis on instrumental crime and suggest that measures of noneconomic social, political, familial, religious, and educational institutions will be particularly relevant for explaining instrumental as opposed to expressive violence. Third, in contrast to prior research, we develop conceptual reasons to expect that these factors will primarily mediate (as opposed to moderate) the relationship between economically motivating pressures and instrumental violence. Our negative binomial regression analyses of data from the Supplementary Homicide Reports and various censuses indicate that the measures of noneconomic institutions perform well in explaining both instrumental and expressive homicides, but that these measures mediate the impact of economic pressures (as measured by the Gini coefficient of family income inequality) to commit instrumental violence most strongly. Further, we find only very limited support for the more popular moderation hypothesis.     

Violence in the family: An analysis in terms of interpersonal resource-exchange

Spouse abuse is viewed within the general framework of interpersonal relationships and is analyzed in terms of resource-exchange. Gelles' exchange/social control theory is expanded by incorporating Foa's interpersonal resource theory. This dynamic theoretical proposition classifies interpersonal resurces involved in interpersonal transactions. Based on Gelles' theory and Foa's classification of interpersonal resources, predictions are made with regard to situations in which violence, as a mode of exchange, is more likely to occur and suggestions regarding various modes of interventions are offered.     

“Behave Like Enraged Lions”: Civil Militias,the Army and the Criminalisation of Politics in Indonesia

Since the end of the authoritarian New Order regime in May 1998, Indonesia has embarked upon a difficult journey towards democracy. One of the key questions raised by the rise of social and political violence in both Java and the Outer Islands since President Suharto's resignation from power is that of the wearing away of the state's monopoly of the means of violence and of its legitimate uses. But the process of the criminalisation of both state agencies and political parties is much older than one would have it. It begun during the late colonial period and gained momentum during the war of independence, in the late 1940s, when army units had to engage in extortion and smuggling to cater for soldiers' needs. Under the New Order, this beam of relationships between the police, the army and criminal gangs was given an official recognition of some sort, hence quasi-legal protection, through the creation of the “System for the Protection of the Environment” (Siskamling). This “system” enabled many petty criminals from the red light districts to join civil and para-military militias and even, at times, to enter public administration. Post-Suharto Indonesia inherited these criminalised “grey areas” between state agencies and the underworld, where one would find numerous masters of violence – people for whom violence is both a way of life and a way of making a living.     

Racist Offenders and the Politics of ‘Hate Crime’

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. This revised version was published online in July 2006 with corrections to the Cover Date.     

Combating Violence against Women in India: Nari Adalats and Gender-Based Justice

Using qualitative methodology—field observations and in-depth interviews—the study examines the role of Mahila Samakhya (a group advocating women's equality) and Nari Adalats (informal women's courts) in India in combating violence against women. Interviews were conducted with members of a Mahila Samakhya in the southwest state of Karnataka and complainants who appeared before Nari Adalats. Nari Adalats in Karnataka are an innovation of Mahila Samakhya, a Government of India development program. The results indicate that Nari Adalats exercise broad authority to investigate and dispose of a wide range of domestic violence cases in India. The Mahila Samakhya serves as an advocacy group and provides shelter, legal assistance, and social help as well as education for victims of domestic violence.     

The contribution of EU public procurement law to corporate social responsibility

This article argues that while EU public procurement law increasingly allows public authorities to take environmental and social considerations into account in public purchasing decisions, it does impose limits on the possibility for authorities to incentivise corporate social responsibility (CSR) policies through public procurement. These specific limits are the result of the EU legislator's choice to endorse the Court of Justice's ordoliberal approach to public procurement law. This approach is in tension with EU CSR policy, and more broadly, the EU's non‐economic goals such as environmental protection, the fight against climate change, human rights and social policy. It reflects a normative preference for the right of undertakings to compete for a tender over the freedom of government authorities to choose a supplier on public interest grounds even if these choices are based exclusively on a legitimate public interest and should be reconsidered.     

Changing housing policy: women escaping domestic violence

Domestic violence has risen up the political agenda, as women's action has inspired changes in police, social work and legal practice. At the same time, one of the oldest pieces of legislation that protected women from violence - the Homeless Persons Act of 1977 - has been transmuted into the Housing Act of 1996. This legislation was introduced by a Conservative government, which was anxious to reduce the rights of homeless people to secure permanent accommodation, on the grounds that these rights gave incentives to pregnancy, lone parenthood and economic migrants. New Labour have softened the Housing Act to give more scope to local authorities to respond to homelessness. This article asks: What are the implications of changing homelessness rights under this legislation and subsequent regulations for women's ability to escape violent relationships and find long term solutions to the housing needs which domestic violence creates? How new is New Labour policy as expressed in housing regulations and its policy Green Paper?     

Clarifying the characteristics of youth who have engaged in appetitive violence

Appetitive violence is a form of proactive violence; its purpose is to generate or maintain a positive emotional state and, possibly, to strengthen social bonds. Portrayals of an increasing frequency of youth acts of appetitive violence have contributed to a perception that aggressive delinquents are callous and predatory. However, the characteristics of these youth and the nature of their violent behaviour have not been elucidated. This study compared demographic and psychological characteristics of 143 young violent offenders according to whether or not they had a history of appetitive violence. It was hypothesised that youth with a history of appetitive violence would score higher on a measure of psychopathy and that their violence would be perpetrated within the context of a group assault. Results revealed that acts of appetitive violence were perpetrated exclusively by males and were more likely to occur when co-offenders were present. Psychopathy did not differentiate the youth. These results suggest that appetitive violence perpetrated by young offenders is the product of social factors rather than individual psychopathology.     

Historicizing the Lived Experience of Violence: Bryen's Violence in Roman Egypt

Bryen, Ari Z. 2013 . Violence in Roman Egypt: A Study in Legal Interpretation . Philadelphia, PA: University of Pennsylvania Press. Pp. 376. $75.00 cloth; $75.00 eBook. Ari Byren's Violence in Roman Egypt: A Study in Legal Interpretation (2013) effectively inserts itself into two complementary fields of inquiry and discussion within the field of classical studies. First, it offers a detailed treatment of the social history of small communities in Roman Egypt, providing an important contribution to the study of violence in antiquity—a topic that has gained interest in recent years. Second, it is an extended meditation on the place of violence within a society and law's role in defining and eliminating it.     

DOES INCREASING WOMEN'S EDUCATION REDUCE THEIR RISK OF INTIMATE PARTNER VIOLENCE? EVIDENCE FROM AN EDUCATION POLICY REFORM

Although scholars have employed rigorous causal methods to examine the relationship between education and crime, few of them have taken a causal approach to the study of education and intimate partner violence (IPV) specifically. From a social causation perspective, improving women's education should protect them from violence, yet from a social selection perspective, education could proxy for unobserved factors that explain negative associations between education and IPV. In this study, I adjudicate between the two possibilities using an exogenous source of variation in education—a 1990s compulsory schooling reform in Peru. Specifically, I conduct an instrumented regression discontinuity that implicitly controls for women's unobserved endowments by comparing women who were aged slightly younger (N = 8,195) and slightly older (N = 6,645) than the school‐age cutoff at the time of the reform. Consistent with the social causation perspective, increasing women's schooling reduced both their recent and longer term probabilities of psychological, physical, and sexual IPV, as well as their recent and longer term probabilities of experiencing any IPV and polyvictimization. The results of supplemental mediation analyses provide support for three interrelated causal pathways—improvements in women's personal resources, delayed family formation, and changes in partner selection. These findings confirm the protective effects of women's education and further illuminate the mechanistic processes by which this occurs.     

To punish,treat, or pardon: French society and the enuretic child in the nineteenth and twentieth centuries

Since the eighteenth century, increasing attention has focused on the physical and moral capabilities of young children. In defining the stages of life, childhood specialists used toilet training at variously determined ages as a sign of an infant's normality. As a social problem as well as a medical symptom, childhood enuresis (bed-wetting) often implied rejection phenomena within families and institutions and provided childhood specialists with a field of research and experimentation. The violence of certain interventions was a response to families' anxieties. Over time, however, intervention has become much less direct as a result of the influence of psychological interpretations of the problem and as interpretations of the symptoms have shifted away from various biological hypotheses.