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Chapter 6 considers the long tail of wartime 419, using a variety of sources to understand why wartime practices of deception and subterfuge continued long after the war was over. It analyzes the ways in which 419 has been explained and concludes with a coda on the question of how "organized" Nigerian organized crime is.
In this chapter we discuss a number of aspects related to how women experience and engage with life stressors, including traumatic events. We seek to answer some of the questions concerning whether, how, and why women may experience stress differently from men.
This article investigates the implications of recent research findings that establish that older victims of crime are less likely to obtain procedural justice than other age groups. It explores original empirical data from the United Kingdom that finds evidence of a systemic failure amongst agencies to identify vulnerability in the older population and to put in place appropriate support mechanisms to allow older victims to participate fully in the justice system. The article discusses how the legally defined gateways to additional support, which are currently relied upon by many common law jurisdictions, disadvantage older victims and require reimagining. It argues that international protocols, especially the current European Union Directive on victims’ rights, are valuable guides in this process of re-conceptualisation. To reduce further the inequitable treatment of older victims, the article advocates for jurisdictions to introduce a presumption in favour of special assistance for older people participating in the justice system.
Social scientists have produced numerous studies identifying both gender-neutral and gender-specific causes of crime and delinquency, violence, and other forms of antisocial behaviors. Noting the importance of gender (it is the most robust predictor of offending), this chapter attempts to provide a relatively comprehensive introduction to diverse approaches to understanding female criminality. We review traditional criminological theories and their relevance to understanding crime committed by women and girls, as well as newer perspectives that bring to the fore the lived realities of females, taking into account sexual and other victimization, the gendered nature of violence, and the effects of patriarchal, capitalistic systems. We recognize that all women are not alike and encourage additional theoretical work that specifically considers cultural variations.
Forestry crimes include illegal logging, which is a contributing factor to deforestation across the globe. An estimated 189 to 565 million cubic metres of timber are cut illegally in some form. Forestry crimes are estimated by INTERPOL and the United Nations to be valued at US$51–152 billion annually. Much of this harvest is used for wood fuel and charcoal, and the proceeds from illegal logging are sometimes used to fund terrorist groups. Globally, (excluding illegal logging for wood fuel and charcoal). To date, the only effective interventions have been the efforts by the Brazilian government using targeted law enforcement efforts to combat illegal logging, the result of which was a 76% reduction in deforestation.
Chapter 6 focuses on individual and household coping strategies, and investigates important famine markers such as crime, black-market trade, food expeditions, and the hunt for fuel. It explains how the severe food and fuel deprivation during the final months of war prompted urban dwellers in the occupied west to take matters into their own hands. Because of the transportation difficulties, urban black-market prices rose astronomically. Since most households did not have the means to purchase or barter on black markets regularly, anyone socially and physically capable ventured out into the countryside in search for food. Overall, the strategies pursued clearly demonstrate that the crisis was essentially a transportation problem, and not the result of actual food availability decline.
This chapter explores social morality on the home front focusing on the commentary about the public behaviour of soldiers’ wives, anxiety about a supposed increase in incidences of female drunkenness, and concern about prostitution and the spread of venereal disease. It tracks the number of wartime arrests of women for drunkenness and child neglect. The chapter argues that the hostility to separation women transcended the nationalist movement, and that while there were many incidences of soldiers’ wives arrested for drunken behaviour, the rhetoric exaggerated the reality with total convictions for drunkenness declining in wartime Ireland after the first year of the war. The chapter further explores concern with sexual immorality in wartime, focusing on venereal disease and illegitimate births. It also examines the women’s patrols established to limit the public interaction between working-class women and the soldiers. The chapter concludes that the public behaviour of working-class women in Ireland altered little as a consequence of the war, but there was nevertheless greater censure of problems evident before 1914. While the separation allowances brought women greater control over their domestic spaces, the surveillance of state and society confined women to narrowly defined codes of behaviour.
Chapter 2 focuses on literary representations of the consumption of such mediated crime stories. I analyze Moderato cantabile (1958) and Dix heures et demie du soir en été (1960), to illustrate how Duras thematizes reader identification with sensational crimes in the media by staging the identification of her heroines with fait divers-style crimes of her own invention. Where in “La Maladie de la douleur” [The Malady of Grief] Julia Kristeva (Soleil noir,1987) claims that Duras’s work is non-cathartic, I contend that Duras uses the model of an anonymous fait divers to demonstrate how reader/witness identification with “true” crime and its aftermath can occasion the processing and purging of the intense affective responses they inspire.
Chapter 4 studies what have come to be known as Duras’s “erotic texts:” L’Homme assis dans le couloir (1980) and La Maladie de la mort (1982). In these brief but provocative works, Duras combines the lurid sensationalism of the tabloids with the transgressive philosophy and literature of writers such as Sade or Bataille. After a close reading of the intricate interplay between gender, violence, and erotics, this chapter argues that Duras takes advantage of these audacious texts as springboards to expose her own personal sexual scandals in the media and to make provocative public remarks about sexuality more broadly. She even goes so far as to deride homosexuality as a diminished form of desire as she attacks Roland Barthes, among others, in a series of unsettling homophobic remarks in the media.
The introduction considers Duras as an important literary persona in a critical period where rapidly changing media helped to enhance and alter the already elevated status of the French public intellectual. I argue that despite the apparent rise in media attention accorded the author after the publication of The Lover in 1984, Duras had in fact been extremely attentive to the media throughout her career. I outline how her oeuvre can be characterized as a porous interface between literature and mass media, reflecting the changing media landscape in the twentieth century. After an overview of the distinguishing characteristics and the cultural significance of the fait divers, I trace the rubric’s critical role as an inspiration in ninteenth- and twentieth-century French fiction. My interdisciplinary methodology allows us to see the compatibility between high literature and mass media and to imagine the future of serious thought in the public sphere.
Chapter 5 studies one particularly famous and controversial rewriting of a fait divers in Libération in 1985: “Sublime, forcément sublime Christine V.” Here Duras rewrites a very famous, ongoing true crime case, transforming the suspect, Christine Villemin, into a prototypical Durassian heroine who kills her own son in revolt against a brutal, patriarchal order. Because of the way that Duras accuses (and absolves) the woman in public before her trial, and, significantly, because the media was saturated with images of the author during this time, the article caused a major scandal, and Duras became a sort of sensational fait divers in her own right.
Chapter 3 looks at Duras’s adaptation and serialization of an actual fait divers from the press in Les Viaducs de la Seine-et-Oise (1960), L’Amante anglaise (1967), and finally Le Théâtre de l’Amante anglaise (1968, 1991). Like a “copycat killer,” I argue that Duras copies the sensational media style of the true crime case in her three works by insisting on the power of fascination in such stories. She creates mises en abyme in the three works as her characters read and discuss newspaper reports on the crime. In so doing, the fait divers at the origin of the works becomes a sort of “found object,” circulating within the fictional world created by the author and calling attention to itself as an outside, real-world referent.
Chapter 1 introduces Duras the journalist to English-speaking audiences less familiar with this important aspect of her work as a writer and public persona. I analyze a number of her journalistic writings, in particular, her chroniques judiciaires and rewritings of faits divers in the press in the 1950s and 60s. I examine the way that she engages in public conversations around popular representations of crimes in order to subvert them. Because she is not a trained journalist but a literary writer, she claims to have a deeper insight into crime, criminals, and the judicial process. The writer therefore attempts to correct what she considers erroneous reports already printed in the press – based not on systematic examination of evidence but on close readings of these reports and at times on her presence in the courtroom – with her own interpretations and representations of the crime. According to Duras, dismissing a rationalizing rubric improves the conditions for examining the crime’s specific circumstances and its implications for possibilities of transgression and social critique. This chapter reveals how a keen literary eye can help readers to decipher the news.
The conclusion of the book studies one final intervention in a fait divers that pushes the role of the writer in public debates to new limits. In the case of Luc Tangorre, Duras seems to defend the indefensible in the interest of following her own passion, performing a version of her persona out of sync with public opinion. I maintain that Marguerite Duras represents a case study for the growing relationship between the media and literature and argue for the importance of looking at literature as an enduring, meaningful part of a broader culture as it reflects upon and interacts with vital elements of the mass media. The content of contemporary literary works has come to reflect increasingly the popular media forms that promote it, inspire it, and interface with it.
Parts of northern Nigeria are becoming enclaves of banditry for gangs of cattle rustlers who maraud largely ungoverned forests. Extant studies of banditry shy away from serious interrogation of cattle rustling and ungoverned forest spaces in northern Nigeria. Onwuzuruigbo investigates the connection between cattle rustling and ungoverned forest spaces, highlighting the role of criminal groups in creating their own governance structures. The upswing in cattle rustling may thus be attributed to poor forest governance, which effectively keeps the government and its agents away from forests. Inclusive forest governance is one path toward addressing cattle rustling in northern Nigeria.
The studies in this book examine the processes through which transnational criminal justice norms are being formed and institutionalized, migrate across jurisdictions, and shape the practices and attitudes of national and local actors. They assess the driving forces behind the emergence of new mechanisms of transnational legal ordering in diverse areas of criminal justice, analyze their limits and their effects, and evaluate their implications for our understanding of the nature of criminal law as a social and political institution. This introductory chapter sets the analytic framework for these inquiries. Drawing on the book’s case studies, we explore a number of theses for explaining why illicit activities and law enforcement practices become objects of transnational regulation. We consider how competition among and resistance within transnational legal orders shape and constrain their formation, institutionalization, and consequences. Finally, we highlight the book’s contribution to the broader project of developing a socio-legal theory of transnational legal ordering and to scholarly debates regarding the impact of globalization on criminal justice policies.
To date, “transnational criminal law” has been the dominant paradigm for explaining and mapping rules on corruption in the international legal literature. This Chapter details the limits of transnational criminal conceptions of “anticorruption” through a study of nascent changes to Australian corporate foreign bribery law. Drawing on primary and secondary documentary sources, it shows that the proposed (but for now lapsed) reforms are only partially transnational, as that term is understood in “TCL” theory. Likewise, multilateral suppression conventions and related soft laws were but one impetus for the suggested amendments. Rather, as the transnational legal ordering literature suggests, a recursive process appears to have been at work between international organizations and local legislators, as well as transnational non-state actors. This process was marked, it seems, by moments of borrowing from the US and UK. However, it was also punctuated by themes of modernization, efficiency, and reputation. In addition, if settled, the amendments would result, not just in changes to national criminal law, but also the extension of “new” – and controversial – techniques of governance.
The chapter examines the evolution over the past twenty years of a complex transnational legal order or TLO around the 2000 Palermo Protocol on Trafficking. It elaborates on why despite the Protocol’s high rates of ratification, the anti-trafficking TLO is poorly institutionalized attributing it to the various phases of the TLO’s development, the discursive and ideological issues that are at its core, the factors for its institutionalization relating to concordance and issue alignment, and the varied regulatory fields that it has implicated. Paradoxically however, the criminal justice approach to trafficking inherent in the Palermo Protocol remains hegemonic. This hegemony however cannot be simply attributed to the unidirectional influence and dissemination of transnational (and Western) ideas about how to address the problem. Rather, using the example of the India, the chapter shows how national legal contexts are crucial to when and how the logic of criminalization is pursued. The recursive nature of the trafficking TLO is therefore significant and helps explain the normative basis for the authority of transnational law.
Chapter 3 will examine Huizhou merchants’ efforts to penetrate major market sites in the Yangzi Valley and along the Grand Canal. It will introduce the problems they encountered, such as brigandry when traveling and local protectionism when marketing, and then consider various merchant countermeasures. Ranging from secret security arrangements and bribery to new financial instruments and hired protection or clientage, these merchant responses appear not to have involved any serious effort to forge public or political institutions that would protect merchant interests. Quite likely, the diversity of Huizhou merchant interests obstructed any collective effort leading to one policy or solution. While its shippers may have desired government protection, Huizhou pawnbrokers strove to thwart all government intrusion (the first tax specifically on pawnbrokering dates from 1623). As their credit operations became increasingly enmeshed in commercial deals, pawnbrokers’ profits and secrecy aroused greater criticism, as did the activities of Huizhou merchants in general in the later half of the Ming.
What will be the consequences of the criminalization of aggression? In 2010, the International Criminal Court made aggression a crime for which individuals can be prosecuted. But questions around what constitutes aggression, who decides, and, most important, how effective this legal change will be in reducing the incidence of war remain. This essay considers these questions in light of two recent books on the criminalization of aggression: Noah Weisbord's The Crime of Aggression: The Quest for Justice in an Age of Drones, Cyberattacks, Insurgents, and Autocrats and Tom Dannenbaum's The Crime of Aggression, Humanity, and the Soldier. While the authors argue in favor of the efficacy of the criminalization of aggression as a means to reduce future war, it is also likely that the criminalization of aggression will reshape war in potentially profound ways.