Nos últimos trinta trinta anos, houve profundas mudanças na forma como compreendemos o crime e a justiça criminal. O crime tornou-se um evento simbólico, um verdadeiro teste para a ordem social e para as políticas governamentais, um desafio para a sociedade civil, para a democracia e para os direitos humanos. Segundo David Garland, professor da Faculdade de Direito da New York University, um dos principais autores no campo da Sociologia da Punição e com artigo publicado na Revista de Sociologia e Política , número 13, na modernidade tardia houve uma verdadeira obsessão securitária, direcionando as políticas criminais para um maior rigor em relação às penas e maior intolerância com o criminoso. Há trinta anos, nos EUA e na Inglaterra essa tendência era insuspeita. O livro mostra que os dois países compartilham intrigantes similaridades em suas práticas criminais, a despeito da divisão racial, das desigualdades econômicas e da letalidade violenta que marcam fortemente o cenário americano. Segundo David Garland, encontram-se nos dois países os “mesmos tipos de riscos e inseguranças, a mesma percepção a respeito dos problemas de um controle social não-efetivo, as mesmas críticas da justiça criminal tradicional, e as mesmas ansiedades recorrentes sobre mudança e ordem sociais”1 (GARLAND, 2001, p. 2). O argumento principal da obra é o seguinte: a modernidade tardia, esse distintivo padrão de relações sociais, econômicas e culturais, trouxe consigo um conjunto de riscos, inseguranças e problemas de controle social que deram uma configuração específica às nossas respostas ao crime, ao garantir os altos custos das políticas criminais, o grau máximo de duração das penas e a excessivas taxas de encarceramento.

http://www.scielo.br/pdf/rsocp/n20/n20a15.pdf

The culture of control: crime and social order in contemporary, society

羟氨苄青霉素引起大疱性类天疱疮样疹

Citizen and Subject: Contemporary Africa and the legacy of late colonialism

Citizen and subject: contemporary Africa and the legacy of late colonialism

The Law of Peoples John Rawls Harvard 1999 John Rawls, the great political philosopher, has turned his reflections to questions of international justice, much as his philosophical ancestor Kant did toward the end of his career. Indeed, Kant's conception of a "pacific federation" of states in Perpetual Peace is Rawls's acknowledged model for the "realistic utopia" sketched in The Law of Peoples, which expands upon his 1993 essay by the same title (without, however, revising its basic argument). Despite differing philosophical constraints and geopolitical conditions, both Kant and Rawls aim to develop an ideal normative framework for international law that accommodates a measure of realism and rejects the idea of a world-state. Unfortunately, in its uncritical acceptance of so-called "decent hierarchical societies" even at the level of ideal theory, the normative claim of Rawls's Law of Peoples is undermined. This philosophical appeasement, meant to secure perpetual peace in our time through a moderately demanding Law of Peoples that liberal and "decent" hierarchical societies alike can endorse, departs fundamentally from Kant's cosmopolitanism. For Kant, the "First Definitive Article of a Perpetual Peace-as opposed to a temporary interruption of hostilities-is that each member state of the foedus pacif cum must have a republican form of government, which is partly founded upon "the principle of legal equality for everyone (as citizens)." By contrast, Rawls weakens his ideal of international justice to buy the assent of hierarchical societies, which by definition lack equality among citizens, at the price of sacrificing a theoretical basis for justifying reforms of the practices and institutions of these hierarchical societies above a minimal level of decency. Rawls's complex argument begins by extending the original position, in which principles of justice for the basic structure of society are chosen under epistemic constraints that ensure fairness, from a single liberal society to what he calls the Society of Liberal Peoples. In a second step, though still within ideal theory, he argues that the substantive principles comprising the Law of Peoples are also acceptable to decent hierarchical societies, which possess decent consultation hierarchies and common good conceptions of justice. Despite being inegalitarian, decent hierarchical societies do respect basic human rights, allow some dissent, and at least consult with representatives of groups whose members are denied full citizenship rights. …

The Law of Peoples

In this paper we begin by defining and examining the concept of police building. Its historical precedents and contemporary forms are briefly reviewed, showing a variety of motives and agendas for this kind of institution building. We argue that police building has been a relatively neglected dimension of nation- and state-building exercises, despite its importance to functions of pacification and restoration of law and order. The emerging literature on international police reform and capacity building tends to adopt a narrow institutionalist and universalistic approach that does not take sufficient account of the politics of police building. This politics is multilayered and varies from the formal to the informal. Using two case studies focusing on events in 2006 in Timor-Leste and Solomon Islands, the reasons for the fragility of many current police-building projects are considered. In both cases, we argue, police capacity builders paid insufficient attention to the political architecture and milieu of public safety.

/pdf/transnational-police-building-critical-lessons-from-timor-4jjpbvvtur.pdf

Transnational Police Building: critical lessons from Timor-Leste and Solomon Islands

Pillars and Shadows: Statebuilding as peacebuilding in Solomon Islands

Twenty-five years after independence, Papua New Guinea is beset by social, economic, and political problems: poverty and inequality, a young and expanding population, a stagnant economy, corruption, and rising crime. This book examines these problems of order in light of Papua New Guinea's remarkable social diversity and the impact of rapid and pervasive processes of change.Three original and strategic case studies involving urban gangs, mining security, and election violence form the core of the work. Each case study looks at particular forms of conflict, and the responses these engender, across different socioeconomic contexts and geographic locations. Empirical data are analysed through a common framework that employs material, cultural, and institutional perspectives, allowing readers to view the three cases through different theoretical prisms, identify link-ages between them, and, in the process, build a larger picture of the post-colonial social order.

Law and Order in a Weak State: Crime and Politics in Papua New Guinea

The relative obscurity of the Solomon Islands on the international stage has led some observers to refer to its recent troubles as ‘a forgotten con ict’. Despite this, events over the past three years have brought this small country to its knees and, arguably, have turned it into the  rst ‘failed state’ among the Paci c Islands. The crisis in the Solomon Islands has been represented primarily as an ‘ethnic con ict’ between the indigenous peoples of the two major islands of Guadalcanal and Malaita. As well as in uencing the architecture of the extremely precarious peace process, this ethnic framing continues to provide the dominant explanation despite the evident complexity and changing character of the situation on the ground. While ethnicity provides a critical dimension to developments in the Solomon Islands, many other factors are involved. The genesis of the current crisis has a deep history. The two island identities in question — those of Guadalcanal and Malaita — are themselves the product of recent colonial and post-colonial history and are much less certain than implied in the imagery of ethnic polarisation. As in other recent con icts that have been depicted as the outcome of deep-seated ethnic divisions, there is ample evidence of more prosaic factors at work. These include competition among political élites, divisions over the distribution of resources, processes of criminalisation and corruption, and the deliberate manipulation of differences by local leaders. The Solomon Islands crisis highlights the inadequacies of monocausal analyses of complex con icts, as well as the essentially dynamic character of these con icts. It also provides a good illustration of how actors attempt to instrumentalise disorder in pursuit of their own political and personal agendas. The focus of attention in the Solomons today has shifted away from the imminent threat of ethnic warfare to a pervasive concern with the social and economic impacts of rampant criminality and corruption, and with the capacity of a profoundly weak central government to restore order and good governance.

Winners and Losers: Politics and Disorder in the Solomon Islands 2000-2002

This report presents the research findings of the Justice Delivered Locally (JDL) initiative of Solomon Islands' Ministry of Justice and Legal Affairs, which was supported by the World Bank's Justice for the Poor (J4P) program. JDL supports the Solomon Islands Government (SIG) policy of reinvigorating local-level justice systems. This is based on an understanding that developmentally important local governance and conflict management capacities (both state and non-state) have been significantly weakened since 1978, the post-independence era, and were not rebuilt even after the period of violent conflict and social disorder known as the 'tension' (1998-2003). Overall, the research indicates that rural citizens by and large prefer to use locally based, non-state systems to address disputes. These local non-state systems, where functioning, are generally seen as culturally relevant, responsive to local needs, accessible, and well understood. However, these local kastom systems, typically associated with 'traditional' authority exercised by chiefs, are under immense stress owing to larger processes of change and newer types of conflict. While there is considerable geographical variation, in some places local systems have broken down altogether. This is due in part to the entanglement of chiefs and local leaders in parochial and self-interested power struggles, especially in the context of natural resource development, particularly logging. This paper is the fourth in a series that has been produced under the JDL initiative. Forthcoming is a fiscal and institutional analysis of local courts, customary land appeal courts, and magistrates' courts, and a final note synthesizing policy recommendations from all of these components. While this work was undertaken under the purview of the Ministry of Justice and Legal Affairs, the findings and analysis presented herein represent the views of the JDL researchers and do not necessarily reflect the views of the SIG.

/pdf/justice-delivered-locally-systems-challenges-and-innovations-36xt8px7fs.pdf

Sinclair Dinnen

Papers

Transnational Police Building: critical lessons from Timor-Leste and Solomon Islands

Pillars and Shadows: Statebuilding as peacebuilding in Solomon Islands

Law and Order in a Weak State: Crime and Politics in Papua New Guinea

Winners and Losers: Politics and Disorder in the Solomon Islands 2000-2002

Justice delivered locally : systems, challenges, and innovations in Solomon Islands