The International Library of Criminology, Criminal
Justice and Penology, represents an important publishing initiative to bring
together the most significant journal essays in contemporary criminology,
criminal justice and penology. The series makes available to researchers,
teachers and students an extensive range of essays which are indispensable for
obtaining an overview of the latest theories and findings in this fast changing
subject.
This series consists of volumes dealing with
criminological schools and theories as well as with approaches to particular
areas of crime, criminal justice and penology. Each volume is edited by a
recognised authority who has selected twenty or so of the best journal articles
in the field of their special competence and provided an informative
introduction giving a summary of the field and the relevance of the articles
chosen. The original pagination is retained for ease of reference.
The difficulties of keeping on top of the steadily
growing literature in criminology are complicated by the many disciplines from which
its theories and findings are drawn (sociology, law, sociology of law,
psychology, psychiatry, philosophy and economics are the most obvious). The
development of new specialisms with their own journals (policing, victimology,
mediation) as well as the debates between rival schools of thought (feminist
criminology, left realism, critical criminology, abolitionism etc.) make
necessary overviews that offer syntheses of the state of the art. These
problems are addressed by the INTERNATIONAL LIBRARY in making available for
research and teaching the key essays from specialist journals.
GERALD MARS Professor in Applied Anthropology,
Universities of North London and Northumbria Business Schools
DAVID NELKEN Distinguished Research Professor,
Cardiff Law Schoool, University of Wales, Cardiff
Gerald Mars
From the Introduction
Everyone has a tale to tell about occupational crime.
When discussed, it encourages a `beat this one' exchange, with each example
more outrageous than the last. Newspapers frequently carry accounts of
work-based scams. Alongside those of muggings and funerals, they are a part of
everyone's, everyday, common experience. This is so even if they are not always
recognized for what they are - even if their existence is denied in a
particular case or in a particular occupation.
There are wide variations in estimates of the money
and goods that are calculated as being `creamed off' from particular workplaces
or occupations as well as in the percentages of workers believed to
participate. There are even wider variations in the assessments of total
figures for a whole economy. Many of the essays in this volume attempt such
calculations, with, as we shall see, sometimes very different outcomes.
Occupational crime - the `built-in' crime of
ordinary people in ordinary jobs - is treated by most practitioners as integral
to their normal work. It is found in the whole range of occupations, at all
levels and in all professions, although details become less available and
definitions vary as we move up the social ladder. Yet despite the fact that
these activities are widespread and well known, and that cases continuously recur
in historical accounts, it is an area blurred by contradictory perceptions,
denials and arguments over definition. Definitions inevitably involve an
element of arbitrary choice and the exclusion of areas that some would regard
as integral. To consider all possible aspects of occupational crime, for
instance, would involve too extensive a treatment for a single volume. This
collection thus excludes material on computer crime and on workplace sabotage
which each have their own volumes in this series - see Hollinger, 1997 and
Mars, 2001.
Further dilemmas of definition also occur because
many activities that are considered criminal, or which are tolerated (with or
without managerial collusion) at lower levels, are accommodated as entitlements
or perks at higher ones. These variations will have to be discussed and
assessed before we can understand how differing standpoints not only influence
understanding but lead to differing prescriptions, justifications and
moralities.
The International Library of Essays in Law and Legal
Theory: 2nd Series.
The first series of the International Library of
Essays in Law and Legal Theory has established itself as a major research
resource with fifty-eight volumes of the most significant theoretical essays in
contemporary legal studies. Each volume contains essays of central theoretical
importance in its subject area and the series as a whole makes available an
extensive range of valuable material of considerable interest to those involved
in research, teaching and the study of law.
The rapid growth of theoretically interesting
scholarly work in law has created a demand for a second series which includes
more recent publications of note and earlier essays to which renewed attention
is being given. It also affords the opportunity to extend the areas of law
covered in the first series.
The new series follows the successful pattern of
reproducing entire essays with the original page numbers as an aid to
comprehensive research and accurate referencing. Editors have selected not only
the most influential essays but also those which they consider to be of
greatest continuing importance. The objective of the second series is to
enlarge the scope of the library, include significant recent work and reflect a
variety of editorial perspectives. Each volume is edited by an expert in the
specific area who makes the selection on the basis of the quality, influence
and significance of the essays, taking care to include essays which are not
readily available. Each volume contains a substantial introduction explaining
the context and significance of the essays selected.
I am most grateful for the care which volume
editors have taken in carrying out the complex task of selecting and presenting
essays which meet the exacting criteria set for the series.
TOM CAMPBELL Series Editor The Faculty of Law The
Australian National University
From the Introduction: Revitalizing Rights
Rights, according to modern liberal theorists, are
based on some aspect of our human nature, and both morally and legally limit
what a liberal state might do to us.` We are, for example, according to
virtually all liberal theorists, by nature, autonomous and rational
individuals, equally deserving of dignity and respect, and we therefore have
rights to free speech, thought and worship, meaning that the state may not,
through law, dictate our thoughts, ideas, spiritual values or individually held
visions of the good. Because we are essentially rational creatures, we must be
free to determine such visions of the good and spiritual values for ourselves
(Dworkin, 1996). We are, to take a very different example asserted by some
liberal theorists, the sorts of creature who are made secure against the natural
elements, against the aggression of others, and even against the possibility of
state tyranny by our ownership of private possessions, and we therefore have a
right to property: our property cannot be taken from us by the state without
compensation and process, even should the state decide to do so for the very
best of reasons (Epstein, 1985, 1984). We are also, according to a now
well-established line of liberal thought, much enhanced by the enjoyment of a
sphere of privacy and intimacy and we therefore have a right not to have our
privacy intruded upon by the state without compelling state justification
(Richards, 1986). Because our lives are enhanced by privacy, we have a right
against states that seek to invade it. To take one final example, according to
some liberal rights theories, we are naturally such that we will benefit from a
good, consensually struck bargain - we are natural bargainers - and we
therefore have a right not to have our free markets unnecessarily
overregulated. Finally, although liberals differ on what precisely we are, they
agree that all of us, universally, share the essential core - if any of us are,
then all of us - not just some of us - are sufficiently rational to formulate
our own conceptions of the good, made secure through ownership of property,
benefit from unregulated trade, and are enriched through the enjoyment of a
sphere of privacy and intimacy (Dworkin, 1978, p. 199). We are all of these
things by virtue of our humanity, not by virtue of caste, class, skin colour,
gender, religious affiliation or ethnicity. We therefore have a right not to be
subjected to laws that invidiously and irrationally discriminate against some
of us, or deprive some of us of these rights, for the benefit of others. We
have, in short, a right to enjoy our rights - our rights to property, privacy,
free thought and speech or contract - equally.
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Law and Economics, Edited by Eric A Posner
The International Library of Essays in Law and Legal
Theory (Second Series) April 2001 Hardback
Part of the Introduction
Anthologies of essays on law and economics are
hazardous undertakings. The field is now so large that it may seem doubtful
that any single-volume collection could give the reader a feel for the breadth
of the contributions. Indeed, there are several single-volume collections
devoted to particular topics within law and economics, such as the law and
economics of contracts and the law and economics of torts. A recent `dictionary'
of law and economics, which tries to provide an overview of the entire field,
consists of three volumes, 399 entries and more than 2000 pages.
The scale of the field is not the only obstacle
presented to the editor of an anthology on law and economics. There is also
great methodological diversity. Many essays are technical, but many are
informal. Many are theoretical, but some are empirical. Some empirical essays
are informal case studies while others rely on rigorous econometric techniques.
Many essays adhere strictly to the premises of rational choice theory, while
others relax them in diverse directions. The boundary between `law and
economics' and `economics' is obscure, as is the boundary between `law and
economics' and more mainstream legal scholarship. In the United States some
areas of legal scholarship, such as bankruptcy, contracts and commercial law,
have been taken over by the economic approach, although others - constitutional
law in particular - remain relatively untouched.
All of this means that any anthology of law
and economics must omit many important essays, and this volume is no exception.
In putting it together, I have allowed myself to be guided by the following
constraints. First, I have selected less technical and more informal essays, in
anticipation of a readership that is not familiar with the mathematical tools
of economics. Second, I have selected shorter essays so that a broad range of
topics could be included. Third, I have biased my choice towards more recent
essays: the law and economics volumes in the earlier series contain the
undisputed classics; more recent essays give a better sense of how the field
has been changing and where it is going. Fourth, I have tried to include a
diverse group of authors, approaches and styles.
The volume is divided into two Parts. Part I
contains more traditional law and economics essays, covering a range of
conventional legal topics. This Part will give the novice an indication of the
current state of the field and the traditional methods of analysis. Part II
contains some more innovative and cross-disciplinary work, which attempt to
introduce new methodological techniques and subject-matter concerns to law and
economics. It is not yet clear how influential these essays will be, but they
give a sense of the
The economic analysis of property law initially
focused on `ordinary' property rights, including the right to exclude others
from a piece of land. Simplifying greatly, the standard view was that
traditional property rights give the owner security to invest in resources. If
people did not have property rights, then they would not invest in improving
resources under their control, because they could not prevent interlopers from
reaping what they had sown. There is a trade-off, however. Often, third parties
will be able to use a piece of property more productively than the owner and,
when transacting is difficult, a regime of strict property rights can interfere
with the creation of value.
Nowhere is this more true than in the field of
intellectual property. People have long understood that the expression of an
idea or a work of art may be just as valuable as a piece of land. The
incentives to invest in a work of art are like the incentives to invest in a
piece of land. I will not invest in producing a book if people can copy it
without paying me, just as I will not plant crops if others can take them from
me without compensating me. But there are important differences. Intellectual
property is particularly vulnerable to expropriation: once released in the
public domain, it can be copied and resold. This is not true about land and
ordinary goods, where possession and easily enforced trespass laws deter the
most obvious forms of expropriation. In addition, once intellectual property is
in the public domain, someone who can create value by using it may have trouble
locating the originator and offering to pay him for a licence to use it. In
Chapter 3 Landes and Posner argue that copyright law strikes the right balance
between protecting investments in intellectual property and allowing third
parties to use that property when contracting with the originator would be
costly and the value of third-party use is high.
The modern economic analysis of criminal law
originates with Gary Becker's simple but powerful argument (going back to
Bentham and others) that criminal behaviour is just a particular kind of
harmful behaviour, and that criminal punishments are best understood as
`prices' that can be used to deter that behaviour. The argument has many
testable implications, including the prediction that an increase in criminal
punishment will reduce the amount of crime subject to punishment, just as a tax
on tomatoes will reduce the number of tomatoes that are consumed.
To some people,
this is obvious; to others, it is implausible. The point to understand is that
the argument is a hypothesis, and must be tested against the facts. Isaac
Ehrlich's essay (Chapter 4) focuses on the question whether capital punishment
deters crime. His essay is significant because it is one of the earliest
rigorous empirical tests of an argument arising out of the economic analysis of
the law. It should also be noted that, in the United States, the conventional
wisdom at the time was very much the opposite of the economic position. This
wisdom held that crime is a function of social structure, or education or
norms, but not a function of the expected cost of criminal punishment. Ehrlich
provides evidence that capital punishment does deter crime. His claims are
highly controversial, however, and empirical investigation of this issue is
ongoing.
National law and Internetional: Human Rights
Cases in Botswana, Namibia and Zimbabwe
Onkemetse
Tshosa
Author's Note
International legal norms generally and especially
international human rights law play a pivotal role in the protection of
national human rights law. In particular, rules and principles of international
human rights law have an enriching and enhancing effect on national norms. This
enrichment can be assessed through an examination of various judicial
pronouncements of national courts. The enterprise is well exemplified by an
analysis of case law from the three jurisdictions that form the basis of the
book. This book is based on my Ph. D thesis submitted to the Faculty of Law of
the University of Edinburgh. The degree was awarded in July 1999.
In writing this book I received assistance and
encouragement from many individuals and institutions. First and foremost, my
gratitude goes to Professor Tiyanjana Maluwa of University of Cape Town,
formerly of the Department of Law at the University of Botswana, who initially
helped me to develop a general interest in international law and its interplay
with national legal systems. I am also deeply indebted to Dr Stephen Neff, my
principal supervisor, for his guidance,
Encouragement and invaluable advice, and allocating
me a lot of his time, often, at the expense of his busy schedule. Similarly, my
gratitude extends to Professor William Gilmore, my second supervisor, for his
invaluable suggestions and support. Also, I am greatly indebted to Professor
Alan Boyle for his advice on the work and financial support which enabled me to
conduct research in universities in the United Kingdom especially SOAS and
University of London. I should also express my thanks to my fellow research
students particularly those in the Department of Public International Law for
their encouragement. I benefited much from the discussion I had with them. Of
these, David Berry was particularly helpful.
Additionally, I wish to express my sincere thanks
and appreciation to the staff of the Edinburgh University Law Library and
George Square Library for their much needed assistance. Also, I wish to express
my deep thanks to the staff of the Legal Assistance Centre, and the libraries
of the University of Botswana and the Faculty of Law of the University of
Zimbabwe for allowing me access to their library facilities.
It would be remiss of me if I did not register my
deep gratitude to the Government of Botswana for affording me the opportunity,
through the University of Botswana, to commence and complete my studies at the
University of Edinburgh by granting me the scholarship. Without the
scholarship, I would not have been able to embark upon and finish my studies,
and hence the production of this book.
Last but by no means the least, I must thank my
friends and family, who encouraged me to complete this work. Most deeply I
thank my fiancée, Maureen Modiradilo for her warm support and resolve to stand
by my side while I was busy trying to bring this work to fruition.
Onkemetse Tshosa University of Botswana
Air
Rage 2001 Published price £39.95
The
underestimated safety risk Angela Dahlberg
Escalating
use of transportation across the widest possible cross-section of experienced
and inexperienced passengers, has led to a rise in well-publicized incidents of
the air rage phenomenon.
This
timely review, depicting Air Rage as a complex system issue, combines original
research on air passenger expectations and perceptions concerning the quality
of safety management. Angela Dahlberg contends that the aviation system
contributes to Air Rage and presents a vital contribution to improved
understanding of passenger needs.
This
first comprehensive investigation into the phenomenon of "Air Rage"
as a system issue:
*
Introduces and recognizes the concept of passengers as part of Human Factors in
aviation;
*
Reveals the impact of the aviation culture on the current adversarial
relationship with passengers;
*
Offers a synergistic approach to the traditional conflict of safety and service;
*
Presents original models for analysing and developing preventive measures for
passenger risk management under the control of airline executives.
Air
Rage presents a new Human Factors concept that includes the air passenger as an
integral part of the aviation system. A revised Reason Model on Human Error
applies its principles to the prevention of passenger misconduct with a focus
on organizational issues affecting the interface between the air passenger and
the airlines. A synergistic model is built addressing the traditional conflict
between safety and service objectives. Incorporating the diffusion of air
traveller tension, a Passenger Risk Management model leads to a strategic
approach for reducing incidents of Air Rage.
Readers
who will find it essential include airline safety specialists, marketing
executives, and training departments; Human Factors specialists, aviation
psychologists, and regulatory authorities; lawmakers, security and enforcement
About
the Author
Angela
Dahlberg is president of Dahlberg & Associates, an aviation management
consultancy in Calgary, Alberta, with 25 years experience in aviation
management, training, station operations control, cabin safety policies and
procedures. She was educated in Germany and Spain.
Angela
Dahlberg has researched the phenomenon of disruptive passengers since 1995. She
is a member of the Transport Canada Working Group on Prohibition of
interference with Crew Members.
Together with
Professor J. Post, she developed and conducted the seminar "Disruptive
Passengers, A Comprehensive Approach to Integrating Safety and Security in Air
Transportation", as part of the Aviation Safety and Security Management
Certificate Program offered by The George Washington University. Her group also
developed the new training program for flight attendants: "Disruptive
Passenger Handling - Prevention, Resolution, Intervening, Defusing
('PRIDE')" which is intended for airlines.
She
is an accomplished speaker at aviation conferences, has appeared on media shows
in Canada, and her papers have been published regularly.
Contents
Foreword
Preface
Air
Rage- Developing a New Understanding The Air Traveller - a Human Factors Issue
The Air Traveller - the Changing Face
Crew
Members
The
Aviation System Passenger Risk Management Appendix A - Denial of Carriage
Appendix B - Carrier Compliance Appendix C - FAA Guidance Appendix D - CTA
Decision Appendix E - Interview Assessment Bibliography
Index