A Global Perspective , Volume Music and Law , Volume Here, the internationality and interdisciplinarity of authorship is particularly noteworthy and grants fascinating insights into the different local cultures and legal systems. An extensive review in German can be found here: Disasters, Hazards and Law , Volume Publisher Philippa Grand pgrand emeraldgroup.
Sabrina McCormick moves from official institutions to the level of social-movement activists to focus on an environmental justice organization that has been working in the Gulf Coast. McCormick shows how disaster events and relevant activism are dialectically related and how activist groups take advantage of disasters to address relevant grievances and concerns.
Focused on developments in Taiwan, Yungnane Yang investigates the formulation of policy against chemical pollution in the light of the An-Shun Plant case. Yang argues for the importance of environmental policies as they are formed after a disaster has occurred and thus shows how a severe case of chemical pollution can set in motion a policy-making process.
The final section of this volume contains four chapters that focus on Hurricane Katrina and its impact in New Orleans, which has arguably impacted disaster research more than any other natural disaster in recent decades. Min Hee Go focuses on factors she argues to be more fundamental than the federal government response to examine the conditions of the failures in the preparedness and response efforts to Hurricane Katrina. The author argues that certain legal conditions in the federalist framework have in effect discouraged adequate disaster management.
Aaron Schneider centers on the push towards tourism, on the one hand, and the failure to regulate labor markets, on the other, as having created a detrimental situation in post-Katrina New Orleans. Offering an application of theories of dualism, Schneider argues that the situation in New Orleans will not improve unless labor markets are regulated. Alicia Ferrara, Peter Stillman, and Adelaide Villmoare focus on the prison situation in New Orleans, specifically on how rumors of lawlessness in the streets of New Orleans fueled the development of the city as a carceral community.
The authors argue that such a law-and-order reaction in turn fuels the notion that police and criminal justice officials must be among the first-responders in a disaster situation. In the final chapter of this volume, Alexander Lu examines the impact of the criminal justice process in the aftermath of Hurricane Katrina as well as Hurricane Rita by investigating the mental health of hurricane evacuees. The author finds that residential stability, social integration, and community involvement are important elements to consider in mitigating poor mental health in post-disaster situations.
Collectively, these chapters reveal the value socio-legal studies can bring to the social-scientific study of disasters and hazards. A new species of trouble: Explorations in disaster, trauma, and community. The state government has the power to severely restrict one's liberty for committing a crime. In modern societies , there are procedures to which investigations and trials must adhere.
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If found guilty , an offender may be sentenced to a form of reparation such as a community sentence , or, depending on the nature of their offence, to undergo imprisonment , life imprisonment or, in some jurisdictions , execution. While every crime violates the law, not every violation of the law counts as a crime. Breaches of private law torts and breaches of contract are not automatically punished by the state, but can be enforced through civil procedure.
When informal relationships and sanctions prove insufficient to establish and maintain a desired social order , a government or a state may impose more formalized or stricter systems of social control. With institutional and legal machinery at their disposal, agents of the State can compel populations to conform to codes and can opt to punish or attempt to reform those who do not conform.
Authorities employ various mechanisms to regulate encouraging or discouraging certain behaviors in general. Governing or administering agencies may for example codify rules into laws, police citizens and visitors to ensure that they comply with those laws, and implement other policies and practices that legislators or administrators have prescribed with the aim of discouraging or preventing crime. In addition, authorities provide remedies and sanctions , and collectively these constitute a criminal justice system. Legal sanctions vary widely in their severity; they may include for example incarceration of temporary character aimed at reforming the convict.
Some jurisdictions have penal codes written to inflict permanent harsh punishments: Usually, a natural person perpetrates a crime, but legal persons may also commit crimes. Conversely, at least under U. The sociologist Richard Quinney has written about the relationship between society and crime. When Quinney states "crime is a social phenomenon" he envisages both how individuals conceive crime and how populations perceive it, based on societal norms.
In 13th century English crime meant "sinfulness", according to etymonline. It was probably brought to England as Old French crimne 12th century form of Modern French crime , from Latin crimen in the genitive case: In Latin, crimen could have signified any one of the following: The word may derive from the Latin cernere — "to decide, to sift" see crisis , mapped on Kairos and Chronos. Tucker suggests a root in " cry " words and refers to English plaint , plaintiff , and so on. The meaning "offense punishable by law" dates from the late 14th century.
The Latin word is glossed in Old English by facen , also "deceit, fraud, treachery", [cf. Crime wave is first attested in in American English.
Mathieu Deflem: Introduction: Disasters and Hazards in Socio-Legal Studies
Whether a given act or omission constitutes a crime does not depend on the nature of that act or omission. It depends on the nature of the legal consequences that may follow it. The following definition of "crime" was provided by the Prevention of Crimes Act , and applied [13] for the purposes of section 10 of the Prevention of Crime Act The expression "crime" means, in England and Ireland, any felony or the offence of uttering false or counterfeit coin, or of possessing counterfeit gold or silver coin, or the offence of obtaining goods or money by false pretences , or the offence of conspiracy to defraud , or any misdemeanour under the fifty-eighth section of the Larceny Act, For the purpose of section of the Trade Union and Labour Relations Consolidation Act , a crime means an offence punishable on indictment , or an offence punishable on summary conviction , and for the commission of which the offender is liable under the statute making the offence punishable to be imprisoned either absolutely or at the discretion of the court as an alternative for some other punishment.
This approach considers the complex realities surrounding the concept of crime and seeks to understand how changing social , political , psychological , and economic conditions may affect changing definitions of crime and the form of the legal, law-enforcement , and penal responses made by society. These structural realities remain fluid and often contentious. All such adjustments to crime statistics , allied with the experience of people in their everyday lives, shape attitudes on the extent to which the State should use law or social engineering to enforce or encourage any particular social norm.
Behaviour can be controlled and influenced by a society in many ways without having to resort to the criminal justice system. Legislatures can pass laws called mala prohibita that define crimes against social norms.
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These laws vary from time to time and from place to place: Other crimes, called mala in se , count as outlawed in almost all societies, murder , theft and rape , for example. English criminal law and the related criminal law of Commonwealth countries can define offences that the courts alone have developed over the years, without any actual legislation: The courts used the concept of malum in se to develop various common law offences.
One can view criminalization as a procedure deployed by society as a preemptive harm-reduction device, using the threat of punishment as a deterrent to anyone proposing to engage in the behavior causing harm.
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The State becomes involved because governing entities can become convinced that the costs of not criminalizing through allowing the harms to continue unabated outweigh the costs of criminalizing it restricting individual liberty , for example, to minimize harm to others. The label of "crime" and the accompanying social stigma normally confine their scope to those activities seen as injurious to the general population or to the State, including some that cause serious loss or damage to individuals. Those who apply the labels of "crime" or "criminal" intend to assert the hegemony of a dominant population, or to reflect a consensus of condemnation for the identified behavior and to justify any punishments prescribed by the State in the event that standard processing tries and convicts an accused person of a crime.
Justifying the State's use of force to coerce compliance with its laws has proven a consistent theoretical problem.
One of the earliest justifications involved the theory of natural law. This posits that the nature of the world or of human beings underlies the standards of morality or constructs them. Thomas Aquinas wrote in the 13th century: He regarded people as by nature rational beings, concluding that it becomes morally appropriate that they should behave in a way that conforms to their rational nature.
Thus, to be valid, any law must conform to natural law and coercing people to conform to that law is morally acceptable. In the s William Blackstone But John Austin — , an early positivist , applied utilitarianism in accepting the calculating nature of human beings and the existence of an objective morality. He denied that the legal validity of a norm depends on whether its content conforms to morality.
Thus in Austinian terms a moral code can objectively determine what people ought to do, the law can embody whatever norms the legislature decrees to achieve social utility, but every individual remains free to choose what to do. Similarly, Hart saw the law as an aspect of sovereignty , with lawmakers able to adopt any law as a means to a moral end.
Thus the necessary and sufficient conditions for the truth of a proposition of law simply involved internal logic and consistency , and that the state's agents used state power with responsibility. Ronald Dworkin rejects Hart's theory and proposes that all individuals should expect the equal respect and concern of those who govern them as a fundamental political right. He offers a theory of compliance overlaid by a theory of deference the citizen's duty to obey the law and a theory of enforcement, which identifies the legitimate goals of enforcement and punishment. Legislation must conform to a theory of legitimacy, which describes the circumstances under which a particular person or group is entitled to make law, and a theory of legislative justice, which describes the law they are entitled or obliged to make.
Indeed, despite everything, the majority [ citation needed ] of natural-law theorists have accepted the idea of enforcing the prevailing morality as a primary function of the law. This view entails the problem that it makes any moral criticism of the law impossible: Thus, on this line of reasoning, the legal validity of a norm necessarily entails its moral justice. One can solve this problem by granting some degree of moral relativism and accepting that norms may evolve over time and, therefore, one can criticize the continued enforcement of old laws in the light of the current norms. People may find such law acceptable, but the use of State power to coerce citizens to comply with that law lacks moral justification.
More recent conceptions of the theory characterise crime as the violation of individual rights. Since society considers so many rights as natural hence the term " right " rather than man-made, what constitutes a crime also counts as natural, in contrast to laws seen as man-made.
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Adam Smith illustrates this view, saying that a smuggler would be an excellent citizen, " Natural-law theory therefore distinguishes between "criminality" which derives from human nature and "illegality" which originates with the interests of those in power. Lawyers sometimes express the two concepts with the phrases malum in se and malum prohibitum respectively.