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Chapter 3 focuses on Hong Kong, where there were 261 death sentences but no executions after 1966. Chinese hostility to democratic reforms prevented the constitutional advances that occurred in other colonies in this period and left the British government vulnerable to parliamentary scrutiny in the wake of an execution. Previous studies argued that Britain required Hong Kong’s governors to commute death sentences from the mid 1960s, but colonial correspondence shows that clemency was not automatic until a decade later. Clemency appeals were judged on a case by case basis, even after Governor Murray MacLehose’s decision to uphold Tsoi Kwok-cheung’s death sentence was overruled by the British government in 1973. MacLehose thereafter played a central role in negotiating the Hong Kong Executive Council’s support for reprieves and eventually oversaw de facto abolition, as he strived to prevent capital punishment compromising his administration’s reform agenda. MacLehose also set a precedent for future governors by opposing reforms to the death penalty in other British Dependent Territories, which he feared would draw unwanted attention to Hong Kong’s anomalous position.
The impacts of poverty and material scarcity on human decision making appear paradoxical. One set of findings associates poverty with risk aversion, whilst another set associates it with risk taking. We present an idealised rational-choice model, the Desperation Threshold Model (DTM), that explains how both these accounts can be correct. The DTM assumes that there are basic needs whose satisfaction is not fully divisible. This generates an S-shaped utility function for material resources. The value of gaining a dollar is at first small (because even with the extra dollar, basic needs still cannot be met); then large (because the extra dollar enables basic needs to be met); and then small again. Just above the basic needs threshold, people’s main concern is not falling below, and they are predicted to avoid risk especially strongly. Below the threshold, their most important concern is jumping above, and they are predicted to take risks that would otherwise be avoided. Versions of the DTM have been proposed under various names across biology, anthropology, economics and psychology. We review a broad range of relevant empirical evidence from a variety of societal contexts. Though the model primarily concerns individual decision making, it connects to a range of population-scale and societal issues such as: the consequences of economic inequality; the deterrence of crime; and the optimal design and behavioural consequences of the welfare state. We discuss interpretative issues, and suggest areas for future DTM research that bridges disciplines.
Chapter 3 shows that although urban denizens increasingly sought to prevent loss, possessions still went missing on London’s streets. In response, Londoners established and developed systems of reclamation. Institutions such as the Goldsmiths’ Company and the Bank of England were important in developing systems for dealing with lost plate and bank notes. However, alongside these systems, in the late seventeenth and eighteenth century, the capital’s residents also benefited from the great age of print culture. Londoners printed handbills and had them pasted up around the city, but a big change took place with the onset of newspaper publications. Newspapers such as the London Gazette and daily newspapers such as the Daily Courant included advertisements for lost watches, strayed dogs and servants who had runaway. As the chapter shows, the efficacy of such notices was at times bolstered by thief-takers, but as the century rolled on, the advertisement themselves became more popular. The chapter shows how urban denizens often sought to simply reclaim their possessions rather than pursuing the prosecution of the thieves who so often ‘found’ them.
The manageability of the technical obstacles set out in Chapter 4 established, this chapter turns to the adaptive challenges amalgamation faces – most notably its inconceivability to the judiciary. The chapter details the maladaptive constraints that underlie the constitutional drafters’ and legal establishment’s resistance to embracing vernacular law as part of South Africa’s ‘law of general application’ or ‘common law’, as well as the urgency of overcoming such resistance. Depicting the severe decline in institutional trust and rising support for undemocratic governance amidst the public’s waning hopes of material security, the chapter argues that, to strengthen South Africa’s rule of law, constitutionalism must be founded on the vernacular legal traditions that resonate with everyday South Africans, who often feel alienated by a legal system rooted in ‘uncommon’ law. Alter-Native Constitutionalism offers a sustainable path to transformation that would counteract public disillusionment with a constitutionalism that embraces rigid colonial precedents and simultaneously restore trust in the judiciary as the last line of defence. The chapter therefore argues for judicial praxis that re-envisions courts as mediators supporting collective agency, rather than mere adjudicators, thus fostering a relational approach aligning with Ubu-Ntu and honoring the country’s diverse normative traditions and social justice aspirations.
To explore what it meant to own and possess in the eighteenth century, Keeping Hold looks to instances in which people lost possessions and how they responded to such experiences. Chapter 2 begins the book’s focus on loss and does so by looking to urban sites. It looks to the city of the eighteenth century: London. The capital was of growing importance in this period as an economic powerhouse and social hub. Guidebooks emerged as an important genre for those seeking to comprehend London’s densely filled and ever-lengthening streets. The chapter explores these sources and finds how the capital was increasingly imagined as a site of deception and loss, where possessions might be pickpocketed or simply left in the bustle and in which servants and apprentices regularly ran away. The chapter examines how eighteenth-century Londoners responded to such perceived threats by utilising technologies of security, such as pockets and collars. By doing so they worked to prevent loss.
Chapters 1 and 2 suggest that prostitutes not only had a significant presence in the north Indian military cantonment, especially in the hybrid space of the sadr bazaar, but exercised an outsized degree of social influence. This is confirmed by police records from north Indian cantonment towns, including Meerut, examined in this chapter. While the historical literature on colonial India to date has emphasized the official subjection, suppression, and immiseration of prostitutes, especially in the wake of the contagious disease acts of the 1860s, a survey of police records from the 1850s suggest that prostitutes possessed a secure place in the cantonment, and in the official mind, and were even deemed worthy of official protection from criminal persecution. These points are situated in the context of violent crime against women generally, in which the state took an active interest, as well as the officially disfavored slave traffic in girls and young women. The 1850s emerges as an extended moment of transition between the early-modern figure of the urbane tawāif (courtesan) and the marginalized, scandalous figure of the cantonment kasbi (prostitute).
This volume makes more widely available to students and teachers the treasure trove of evidence for the administrative, social, and economic history of Rome contained in the Digest and Codex of Justinian. What happened when people encountered the government exercising legal jurisdiction through governors, magistrates, and officials within the legal framework and laws sponsored by the state? How were the urban environment of Rome and Italy, the state's assets, and human relations managed? How did the mechanisms of control in the provinces affect local life and legal processes? How were contracts devised and enforced? How did banks operate? What was the experience of going to court like, and how did you deal with assault or insult or recover loss? How did you rent a farm or an apartment and protect ownership? The emperor loomed over everything, being the last resort in moderating relations between state and subject.
The purpose of this study was to examine the legislative and criminological aspects of combatting fraud at the international and national levels. For an effective study of the topic, it was vital to use terminological, hermeneutical, comparative and historical methods. The study covered the essence of fraud as a criminal offence, and identified and analysed the most widespread types of fraud. The study identified the key elements of the crime of fraud: deception, intent of the offender, transfer of property as a result of misrepresentation, mercenary motive and establishment of factual damage. The study found that the key feature that classifies fraud as a criminal offence is the existence of an intentional act. As a result of the study, the international regulatory framework was analysed, as well as the legislation of Kazakhstan and Singapore on combatting fraud. Furthermore, the criminal law and criminological aspects of combatting the crime of fraud were studied through the practices of Kazakhstan and Singapore. The study paid special attention to the need to ensure an effective and complete legal framework in the field of fraud prevention and the development of strong international cooperation on this matter. The study also emphasized the significance of raising public awareness of the fraud situation and conducting educational activities to inform the public about the potential risks.
Drawing from ca dao vùng mỏ (the lesser-known writings of anonymous Vietnamese miners), the vibrant Vietnamese print press of the 1930s, and other archival sources, this chapter offers insights into the internal workings of large-scale coal mining enterprises, which were founded on racial, professional, and gendered power structures. In addition, this chapter describes the formation of a strong oppositional and distinctive Vietnamese miner subculture, forged both within and beyond the mines. Outside the mines, far from company surveillance, miners engaged in collective acts, such as theft, fraud, and illicit recreational activities, such as opium smoking, gambling, and smuggling, to supplement their wage income or to simply decompress after a hard day at work in the company of their workmates. The relative autonomy and strength of this miner subculture reveal the failure of the internal working regime of coal mining companies to impose uniform working patterns on their employees. Instead, workers banded together and utilized their networks and autonomous culture to contest and exploit the limitations in French labor management for their own personal gains.
This chapter examines the non-violent and violent actions of laboring people against injustices perpetrated by those in power prior to the American Revolution. It takes a transatlantic approach to examine riots, mutiny, piracy, and insurrections by free and enslaved peoples. The chapter takes a dialectical approach to when and how laboring people acted out against authority. Reduced economic opportunities, attacks on the moral economy, and food shortages often led to riots or more extreme insurrections on both sides of the Atlantic. Attacks on individual freedom, such as the institution of naval and military impressment or taxation, tended to meet petty resistance in Europe and lead to more severe action in the Americas. Meanwhile, enslaved people resisted at all levels and sought to take advantage whenever cracks in the system appeared. Together, the resistance of laboring people generated examples of action and a language of liberty for rebels in North America seeking independence from the British empire on the eve of the American Revolution.
This chapter analyzes the popular dimensions of Egypt’s 2013 counterrevolution, using an original dataset of protests during the post-revolutionary transition. It shows that Egypt’s revolutionaries were unable to consolidate the social support of the revolution, and that this failure allowed counterrevolutionaries to channel broad disaffections with revolutionary rule into a popular movement for restoration. The dataset covers the final eighteen months of the transition and includes approximately 7,500 contentious events sourced from the major Arabic-language newspaper Al-Masry Al-Youm. These data reveal, first, the extent to which social mobilization persisted after the end of the eighteen-day uprising. The transition period was awash with discontent and unrest, much of it over nonpolitical issues like the deterioration of the economy, infrastructure problems, and unmet labor demands. Second, statistical analyses show that this discontent came to be directed against Mohamed Morsi’s government. The earliest and most persistent anti-Morsi protests emerged in places where the population had long been highly mobilized over socio-economic grievances. Later, they also began to emerge in places with large numbers of old regime supporters. Ultimately, these two groups – discontented Egyptians and committed counterrevolutionaries – came together to provide the social base for the movement that swept the military back to power.
Once women’s appearance in public space is accepted, the tensions concern how they appear. Self-representations of gender identity are performed in part through differences in hejab (required modest clothing) and bodily comportment, varying from women in chadors moving through the traditional local spaces of the bazaar to secular cosmopolitan women styling their own performance of transnational independence. But women asserting their presence in public face harassment and the threat of violence, especially when stepping into the street, using public transportation, and asserting their right to social and spatial mobility. Vigilantes (the serial killer Saeed Hanaei, the “Spider Killer”) and gangs (the “Black Vultures” and the “Wolves”) targeting women can defend their attacks as morally justifiable, while the government has initiated programs of “social security” that primarily have sought to control deviations from approved forms of hejab. Nonetheless, women insist on their right to the city and their freedom to be fully present as women in public, whether by negotiating their personal space in a taxi or challenging the arguments of their attackers face to face.
The experience of being tied up in Tehran while eating tangerines, and what it signifies as narrative, metaphor, and theoretical intervention. The chapter combines a personal story about a home invasion with an analysis of social and property relations in the space of the local neighborhood. The author establishes her identity as an arous farangi (a “foreign bride”), meaning both an insider and an outsider in the Iranian cultural community. In parallel, analysis of the history of the burgled house and the changing geography of its residential neighborhood reveals the complex transformations in Iranian class positions and urban spatial organization since the revolution. Whether tragic or absurd, the experience of being tied up in Tehran sets the narrative and interpretive paradigm for the rest of the book.
Chapter 8 urges us to focus less on the spatial distributions and concentrations of people of different races in cities and more on the effects of concentrated members of racial minorities living in neighborhoods of concentrated poverty. From a “neighborhoods effects” analysis, some of the worst land-use injustice is the inequality of opportunity that comes from African Americans and Latines growing up in and living in high-poverty neighborhoods with poor housing, high crime, and low-quality schools. Public policy is failing because neither our research nor our policy solutions center on the relationships between race and poverty, instead often using race-only measures of segregation, or on the characteristics of neighborhoods that cause them to succeed or fail in ensuring equal opportunities for their residents, including neighborhood-specific crime data and comprehensive understandings of the residents’ everyday lives. The chapter calls for multi-faceted policies that address a range of interconnected factors, including the rising cost of housing, barriers to housing mobility, and the conditions of high-poverty neighborhoods affecting life opportunities for their residents.
This chapter is a novel intersectorial analysis of deforesting industries in Brazil linked to illegal land grabbing/land value speculation, including ranching, monoculture plantation expansion, logging, and infrastructure development. The driving and pulling causes of deforestation in the Amazon are explored through a deeper analysis of the ranching-grabbing regionally dominant political economy (RDPE). Ranching speculating is by far the most prominent key driver and dominant political-economic sector in explaining deforestation in the Brazilian Amazon. Counterintuitively, politically enabled illegal land grabbing/speculation have become more lucrative in many places than the actual ranching activities on the deforested land. Drawing on field research and expert interviews in the Brazilian Amazon, this chapter explains how ranching opens lands for other forms of extractivism, especially the expansion of monoculture plantations. The relations and distinct yet interlinked business logics within ranching and soybean plantation sectors yield an analysis of “modern” and “primitive” forms of agribusiness. The particularities of Amazonian cattle capitalisms are explored via regional comparisons.
This article addresses a critical research gap by investigating the link between social polarization and contemporary societal challenges, such as poverty and crime. Despite the existence of numerous studies describing the effects of income disparity, the role of social stratification in inducing delinquency and poorness in transitional economies has not received sufficient consideration. The author conducts an analysis of income inequality metrics (IIMs) across Commonwealth of Independent States (CIS) nations, examining dependencies that provide a precise depiction of the correlation between socioeconomic disparity and urgent society’s problems. The study disclosed that the lowest proportion of the impoverished was observed in countries with a minimal income disparity, such as Belarus and Kazakhstan; in contrast, nations that exhibit a significant degree of income differentiation, such as Kyrgyzstan, Moldova, and Armenia, demonstrate the highest proportion of the impoverished. Following a linear regression approach, the study revealed a strong positive correlation between IIMs and crime rate. By shedding light on these dependencies, the article provides fresh insights into the dynamic relationship between major social problems in the CIS countries.
It has long been recognized that legal documents are invaluable for understanding the growth of pre-university teaching across fifteenth- and sixteenth-century England; when surveyed as a whole, they allow the general spread of schooling to be mapped with precision. However, smaller, more scattered legal proceedings involving teachers can be no less suggestive. Late medieval and early modern masters submitted legal pleas on a range of issues, and found themselves accused of a striking array of crimes, including murder, assault, fraud, incompetence, theft, adultery, and even high treason. Such episodes have more than anecdotal value—they throw into relief many of the conditions in which teachers of the period operated. In particular, they provide clear insight into the economic realities of medieval and early modern teaching, showing the pressures, rivalries, and anxieties that overshadowed the lives of masters, and demonstrating that instruction was not staged in a social or political vacuum.
Despite widespread integration of genetic research by most disciplines, genetics has largely been excised by the field of criminology, a field that continues to be guided almost exclusively by a sociological paradigm. Part of the reason for why genetic research has not been synthesized into the criminological scholarship is due to concerns about the policy implications that might flow directly from it. Specifically, critics of genetic and biosocial research routinely argue that studying the genetic basis to criminality likely would lead to oppressive crime-control policies and perhaps even a new eugenics movement. If criminologists had an accurate understanding of how genetic influences relate to criminal involvement, then these concerns would largely be assuaged. Against this backdrop, the current chapter uses Belsky’s differential susceptibility model as the centerpiece to show that genetic research is not only useful in understanding the etiology of criminal involvement but also that it holds great promise in guiding the development of crime prevention and rehabilitation programs.
What are the consequences of selective emigration from a closed regime? To answer this question, I focus on socialist East Germany and leverage an emigration reform in 1983 that led to the departure of about 65,200 citizens. Analyzing panel data on criminal activity in a difference-in-differences framework, I demonstrate that emigration can be a double-edged sword in contexts where it is restricted. Emigration after the reform had benefits in the short run and came with an initial decline in crime. However, it created new challenges for the regime as time passed. Although the number of ordinary crimes remained lower, border-related political crimes rose sharply in later years. Analysis of emigration-related petitioning links this result to a rise in demand for emigration after the initial emigration wave. These findings highlight the complexities of managing migration flows in autocracies and reveal a key repercussion of using emigration as a safety valve.
Parental criminality is a risk factor for crime, but little is known about why some individuals exposed to this risk refrain from crime. We explored associations of resting heart rate (RHR), systolic blood pressure (SBP), cognitive ability (CA), and psychological functioning (PF) with criminal convictions among men with a convicted parent, accounting for unmeasured familial factors in sibling analyses. Data were obtained from Swedish registers, including all men born in Sweden between 1958 and 1992 with a convicted parent (N = 495,109), followed for up to 48 years. The potential protective factors were measured at mandatory conscription. Outcomes were conviction of any, violent, and non-violent crime. Survival analyses were used to test for associations, adjusting for measured covariates and unmeasured familial factors. Higher levels of RHR, SBP, CA, and PF were associated with reduced risk of criminality after adjusting for covariates. RHR associations were largely explained by familial factors. CA and PF associations were not due to sibling-shared confounders, in line with a causal interpretation. SBP results, indicating a protective effect against non-violent crime, warrant further investigation.