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The International Library of Criminology, Criminal Justice and Penology

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



Occupational Crime

Gerald Mars

From the Introduction

Theories, Motives and Meanings

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



Rights

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

Property

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.

Criminal Law

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


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