James W. Cortada
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780195165869
- eISBN:
- 9780199868025
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195165869.003.0004
- Subject:
- Business and Management, Business History
This chapter discusses technologies adopted by the law enforcement community over a half century. Specifically, it looks at the use of computing by policing agencies, courts, and corrections, with a ...
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This chapter discusses technologies adopted by the law enforcement community over a half century. Specifically, it looks at the use of computing by policing agencies, courts, and corrections, with a brief introduction to the early history of computer crime as it currently represents a new class of criminal activity made possible by the existence of the digital hand.Less
This chapter discusses technologies adopted by the law enforcement community over a half century. Specifically, it looks at the use of computing by policing agencies, courts, and corrections, with a brief introduction to the early history of computer crime as it currently represents a new class of criminal activity made possible by the existence of the digital hand.
Michael Dougan
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199644735
- eISBN:
- 9780191740695
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199644735.003.0004
- Subject:
- Law, EU Law, Public International Law
This chapter analyses the obligations concerning the enforcement of substantive Union policies by the member states within the national legal systems. The use of criminal penalties for the ...
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This chapter analyses the obligations concerning the enforcement of substantive Union policies by the member states within the national legal systems. The use of criminal penalties for the enforcement of substantive Union law arises in two main categories of situation. The first can usefully be termed the ‘velvet glove’: in the absence of Union legislation prescribing precise sanctions for its own enforcement, the member states are free to impose appropriate sanctions within their own legal systems — including penalties of a criminal nature — subject to various obligations imposed under Union law as interpreted by the Court in the famous Greek Maize ruling. In the second situation, the Union legislature positively requires the member states to criminalize certain infringements of Union law, and may even prescribe the detailed rules governing the imposition of liability and the type/level of sanction. That ‘iron fist’ can claim a constitutional provenance both more recent and more rumbustious than the Greek Maize jurisprudence: pre-Lisbon, bitter institutional disputes about whether criminal sanctions could or should be imposed under the First (or instead the Third) Pillar culminated in the Court's controversial rulings in the Environmental Crimes and Ship-Source Pollution cases; since 1 December 2009, the revised provisions of the Treaty on the Functioning of the European Union have radically changed the relevant legal framework once again.Less
This chapter analyses the obligations concerning the enforcement of substantive Union policies by the member states within the national legal systems. The use of criminal penalties for the enforcement of substantive Union law arises in two main categories of situation. The first can usefully be termed the ‘velvet glove’: in the absence of Union legislation prescribing precise sanctions for its own enforcement, the member states are free to impose appropriate sanctions within their own legal systems — including penalties of a criminal nature — subject to various obligations imposed under Union law as interpreted by the Court in the famous Greek Maize ruling. In the second situation, the Union legislature positively requires the member states to criminalize certain infringements of Union law, and may even prescribe the detailed rules governing the imposition of liability and the type/level of sanction. That ‘iron fist’ can claim a constitutional provenance both more recent and more rumbustious than the Greek Maize jurisprudence: pre-Lisbon, bitter institutional disputes about whether criminal sanctions could or should be imposed under the First (or instead the Third) Pillar culminated in the Court's controversial rulings in the Environmental Crimes and Ship-Source Pollution cases; since 1 December 2009, the revised provisions of the Treaty on the Functioning of the European Union have radically changed the relevant legal framework once again.
Sandra F. Joireman
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199782482
- eISBN:
- 9780199897209
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199782482.001.0001
- Subject:
- Political Science, Political Theory
Governments, farmers, homeowners, and academics around the world agree that property rights are important. But what happens when the state fails to enforce them? This book describes how a variety of ...
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Governments, farmers, homeowners, and academics around the world agree that property rights are important. But what happens when the state fails to enforce them? This book describes how a variety of non-state actors define and enforce property rights in Sub-Saharan Africa when the state is weak or absent. Examining the roles played by traditional leaders, entrepreneurial bureaucrats, NGOs, and specialists in violence, this text argues that organic institutions can be helpful or predatory, depending on their incentives and context. Because organically developed institutions are not assumed to be either good or bad, the book develops a set of measurement criteria to assess which types of property regimes and enforcement mechanisms are helpful and which are harmful to social welfare. It focuses on the politics of property rights enforcement in both rural and urban communities in Ghana, Kenya, and Uganda. Describing what happens in specific communities, the book provocatively challenges the fallacy of legalism—the idea that changes in property law will lead to changes in property rights on the ground—arguing instead that states which change their property laws face challenges in implementation when they do not control the authority structures in local communities. The book provides new information about competitors to state power in Sub-Saharan Africa and the challenges of providing secure and defensible property rights.Less
Governments, farmers, homeowners, and academics around the world agree that property rights are important. But what happens when the state fails to enforce them? This book describes how a variety of non-state actors define and enforce property rights in Sub-Saharan Africa when the state is weak or absent. Examining the roles played by traditional leaders, entrepreneurial bureaucrats, NGOs, and specialists in violence, this text argues that organic institutions can be helpful or predatory, depending on their incentives and context. Because organically developed institutions are not assumed to be either good or bad, the book develops a set of measurement criteria to assess which types of property regimes and enforcement mechanisms are helpful and which are harmful to social welfare. It focuses on the politics of property rights enforcement in both rural and urban communities in Ghana, Kenya, and Uganda. Describing what happens in specific communities, the book provocatively challenges the fallacy of legalism—the idea that changes in property law will lead to changes in property rights on the ground—arguing instead that states which change their property laws face challenges in implementation when they do not control the authority structures in local communities. The book provides new information about competitors to state power in Sub-Saharan Africa and the challenges of providing secure and defensible property rights.
Randy E. Barnett
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297291
- eISBN:
- 9780191598777
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297297.003.0013
- Subject:
- Political Science, Political Theory
In a polycentric constitutional order, as distinct from a monocentric one, multiple legal systems exercise the judicial function and law enforcement agencies exercise the executive function. These ...
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In a polycentric constitutional order, as distinct from a monocentric one, multiple legal systems exercise the judicial function and law enforcement agencies exercise the executive function. These multiple decision‐makers operate within constitutional constraints that permit them to co‐exist and adjust to each other. A decentralized or polycentric constitutional order provides an institutional framework to address more effectively the problem of enforcement abuse. Such an order will arise naturally if two new constitutional principles are adopted: the nonconfiscation principle stipulates that law enforcement and adjudicative agencies should not be able to confiscate their income by force, but should have to contract with the persons they serve; the competition principle stipulates that law enforcement and adjudicative agencies should not be able to put their competitors out of business by force. How a polycentric legal order better handles the problems of selection, corruption, capture, and the halo effect is explained.Less
In a polycentric constitutional order, as distinct from a monocentric one, multiple legal systems exercise the judicial function and law enforcement agencies exercise the executive function. These multiple decision‐makers operate within constitutional constraints that permit them to co‐exist and adjust to each other. A decentralized or polycentric constitutional order provides an institutional framework to address more effectively the problem of enforcement abuse. Such an order will arise naturally if two new constitutional principles are adopted: the nonconfiscation principle stipulates that law enforcement and adjudicative agencies should not be able to confiscate their income by force, but should have to contract with the persons they serve; the competition principle stipulates that law enforcement and adjudicative agencies should not be able to put their competitors out of business by force. How a polycentric legal order better handles the problems of selection, corruption, capture, and the halo effect is explained.
Susan W. Brenner
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195385014
- eISBN:
- 9780199855414
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195385014.003.0008
- Subject:
- Law, Criminal Law and Criminology
Nation-states use a bipartite response system to maintain order: Professional law enforcement officers overtly maintain internal order by responding to violations of the criminal rules that control ...
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Nation-states use a bipartite response system to maintain order: Professional law enforcement officers overtly maintain internal order by responding to violations of the criminal rules that control chaos within a state; and professional military personnel overtly maintain external order by responding to assaults from other nation-states. The activities of both implicitly maintain order by discouraging internal rule violations and external attacks. However, this system is not adept at dealing with threats vectored through cyberspace. There are two ways we can go about doing this: One is to retain the default nation-state governance structure but modify our current threat response processes so they are effective in both the real and virtual worlds. The other option is to replace the threat response processes we presently rely upon with an entirely new approach to maintaining order; this might, or might not, involve replacing the nation-state with a governing configuration that is not predicated on, and therefore limited by, territory. This chapter explores both options.Less
Nation-states use a bipartite response system to maintain order: Professional law enforcement officers overtly maintain internal order by responding to violations of the criminal rules that control chaos within a state; and professional military personnel overtly maintain external order by responding to assaults from other nation-states. The activities of both implicitly maintain order by discouraging internal rule violations and external attacks. However, this system is not adept at dealing with threats vectored through cyberspace. There are two ways we can go about doing this: One is to retain the default nation-state governance structure but modify our current threat response processes so they are effective in both the real and virtual worlds. The other option is to replace the threat response processes we presently rely upon with an entirely new approach to maintaining order; this might, or might not, involve replacing the nation-state with a governing configuration that is not predicated on, and therefore limited by, territory. This chapter explores both options.
Darinka Piqani
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199644735
- eISBN:
- 9780191740695
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199644735.003.0005
- Subject:
- Law, EU Law, Public International Law
This chapter looks at the role of constitutional courts from a compliance perspective. It focuses on how constitutional courts deal with challenges of unconstitutionality in the course of application ...
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This chapter looks at the role of constitutional courts from a compliance perspective. It focuses on how constitutional courts deal with challenges of unconstitutionality in the course of application of EU law in the member states. It starts with a short overview of the European mandate for national courts. It then discusses how constitutional courts may hinder or facilitate compliance with EU law. It argues that, despite their firm position of upholding the constitution vis-à-vis EU law and some cases of restricting the full effects of EU law, constitutional courts in several ways may act as facilitators of compliance for member states. They do so, for instance, by finding the least harmful solution for the full application of EU law whilst constructing constitutional reservations; by instructing other political branches on how to introduce constitutional or legislative amendments in order to ensure full compliance; and in the pre-accession setting, by putting forward the obligation to interpret national law in conformity with EU law within the ambit of the obligation of approximation.Less
This chapter looks at the role of constitutional courts from a compliance perspective. It focuses on how constitutional courts deal with challenges of unconstitutionality in the course of application of EU law in the member states. It starts with a short overview of the European mandate for national courts. It then discusses how constitutional courts may hinder or facilitate compliance with EU law. It argues that, despite their firm position of upholding the constitution vis-à-vis EU law and some cases of restricting the full effects of EU law, constitutional courts in several ways may act as facilitators of compliance for member states. They do so, for instance, by finding the least harmful solution for the full application of EU law whilst constructing constitutional reservations; by instructing other political branches on how to introduce constitutional or legislative amendments in order to ensure full compliance; and in the pre-accession setting, by putting forward the obligation to interpret national law in conformity with EU law within the ambit of the obligation of approximation.
Randy E. Barnett
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297291
- eISBN:
- 9780191598777
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297297.003.0011
- Subject:
- Political Science, Political Theory
In a legal system based on pure restitution and self‐defence combined with enhanced reliance on several property and freedom of contract, the ability to effectively prevent crime rather than deter ...
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In a legal system based on pure restitution and self‐defence combined with enhanced reliance on several property and freedom of contract, the ability to effectively prevent crime rather than deter its commission by ex‐ post punishment is greatly enhanced. Unlike public property, several property creates incentives to invest in crime prevention and the ability to exclude dangerous persons before they can act. Freedom of contract makes possible far more responsive law enforcement agencies than can be provided by a coercive monopoly. While pure restitution will not ‘deter’ all criminal behaviour, it is a fallacy to believe that increased deterrence invariably or logically follows, increasing the severity of punishment. Restitution increases the incentives to catch and prosecute defendants, thus increasing the rate at which legal sanctions are imposed.Less
In a legal system based on pure restitution and self‐defence combined with enhanced reliance on several property and freedom of contract, the ability to effectively prevent crime rather than deter its commission by ex‐ post punishment is greatly enhanced. Unlike public property, several property creates incentives to invest in crime prevention and the ability to exclude dangerous persons before they can act. Freedom of contract makes possible far more responsive law enforcement agencies than can be provided by a coercive monopoly. While pure restitution will not ‘deter’ all criminal behaviour, it is a fallacy to believe that increased deterrence invariably or logically follows, increasing the severity of punishment. Restitution increases the incentives to catch and prosecute defendants, thus increasing the rate at which legal sanctions are imposed.
Ted Gest
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195103434
- eISBN:
- 9780199833887
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195103432.001.0001
- Subject:
- Political Science, American Politics
The crime rate in the US has exploded since 1960. Despite decreases in recent years, reported violence in 2001 exceeded the levels of the late 1970s. Government at all levels has tried to address the ...
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The crime rate in the US has exploded since 1960. Despite decreases in recent years, reported violence in 2001 exceeded the levels of the late 1970s. Government at all levels has tried to address the crime problem, with mixed success. Police forces that formerly focused on patrol cars’ responding to citizen calls embraced the proactive approach of community policing; courts set up specialized branches, hearing cases relating to narcotics, guns, and domestic violence; criminal sentences sharply increased, filling prisons and jails with more than 2 million people. Yet, crime rates continue to rise and fall, seemingly without regard to government programs. Strikingly, little evidence has been collected about which anticrime activities are truly effective and which are not. Instead, members of Congress and state legislators, who set the tone for the fight against crime, tend to base their actions on what sounds good in political advertisements rather than what has proved to work through scientific experiment. Still, there are a number of promising ideas in law enforcement, juvenile crime, corrections, and other areas that could help prevent crime if they could obtain adequate financial support.Less
The crime rate in the US has exploded since 1960. Despite decreases in recent years, reported violence in 2001 exceeded the levels of the late 1970s. Government at all levels has tried to address the crime problem, with mixed success. Police forces that formerly focused on patrol cars’ responding to citizen calls embraced the proactive approach of community policing; courts set up specialized branches, hearing cases relating to narcotics, guns, and domestic violence; criminal sentences sharply increased, filling prisons and jails with more than 2 million people. Yet, crime rates continue to rise and fall, seemingly without regard to government programs. Strikingly, little evidence has been collected about which anticrime activities are truly effective and which are not. Instead, members of Congress and state legislators, who set the tone for the fight against crime, tend to base their actions on what sounds good in political advertisements rather than what has proved to work through scientific experiment. Still, there are a number of promising ideas in law enforcement, juvenile crime, corrections, and other areas that could help prevent crime if they could obtain adequate financial support.
Ted Gest
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195103434
- eISBN:
- 9780199833887
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195103432.003.0007
- Subject:
- Political Science, American Politics
The federal government asserted a role in fighting narcotics abuse since the early 20th century, but it was not until the Richard Nixon administration starting in 1969 that a federal “war on drugs” ...
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The federal government asserted a role in fighting narcotics abuse since the early 20th century, but it was not until the Richard Nixon administration starting in 1969 that a federal “war on drugs” became high profile. Nixon stressed drives against smuggling heroin from counties like Turkey and Mexico. His administration's efforts were marred by raids on erroneous locations by a new federal Office of Drug Law Enforcement. A successor agency called the ‘Drug Enforcement Administration’ jockeyed with the FBI for supremacy in the drug enforcement field. Drug treatment generally had lower priority when it came to funding. A scourge of “crack” cocaine spread in the mid‐1980s, causing Congress to increase penalties for drug abuse in such a way that black people who primarily used crack were punished much more severely than whites who tended to use cocaine's powder form. An effort to coordinate federal antidrug resources better resulted in the establishment of a White House director of drug control policy (“drug czar”) in 1989; the first to hold the position was former education secretary William Bennett. Drug abuse declined in the 1990s, but there was disagreement over the primary cause. Advocates credited a combination of more‐intense law enforcement, better treatment, and establishment of more than 500 “drug courts” that could ride herd on offenders. The numbers of drug abusers were creeping back up by 1999.Less
The federal government asserted a role in fighting narcotics abuse since the early 20th century, but it was not until the Richard Nixon administration starting in 1969 that a federal “war on drugs” became high profile. Nixon stressed drives against smuggling heroin from counties like Turkey and Mexico. His administration's efforts were marred by raids on erroneous locations by a new federal Office of Drug Law Enforcement. A successor agency called the ‘Drug Enforcement Administration’ jockeyed with the FBI for supremacy in the drug enforcement field. Drug treatment generally had lower priority when it came to funding. A scourge of “crack” cocaine spread in the mid‐1980s, causing Congress to increase penalties for drug abuse in such a way that black people who primarily used crack were punished much more severely than whites who tended to use cocaine's powder form. An effort to coordinate federal antidrug resources better resulted in the establishment of a White House director of drug control policy (“drug czar”) in 1989; the first to hold the position was former education secretary William Bennett. Drug abuse declined in the 1990s, but there was disagreement over the primary cause. Advocates credited a combination of more‐intense law enforcement, better treatment, and establishment of more than 500 “drug courts” that could ride herd on offenders. The numbers of drug abusers were creeping back up by 1999.
Ted Gest
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195103434
- eISBN:
- 9780199833887
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195103432.003.0009
- Subject:
- Political Science, American Politics
Before the 1960s crime wave, American police officers were little trained and spent much of their time responding to citizen calls about crime. A Law Enforcement Education Program (LEEP) in the 1970s ...
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Before the 1960s crime wave, American police officers were little trained and spent much of their time responding to citizen calls about crime. A Law Enforcement Education Program (LEEP) in the 1970s began to upgrade police education. A round of studies questioned the effectiveness of police patrol tactics. Analysts advocated more sophisticated methods, called ‘problem‐oriented policing’ and later the more general ‘community policing.’ New York lawyer Adam Walinsky promoted a concept called the Police Corps that would encourage more college‐educated officers. The reform ideas coalesced in the presidency of Bill Clinton, who successfully argued for federal funding for an additional 100,000 community‐oriented local officers, an idea that Walinsky complained was a watered‐down form of his concept (which still was instituted on a smaller scale). Clinton's Attorney General, Janet Reno, was initially skeptical of the massive federal program called ‘Community Oriented Policing Services’ (COPS), but she eventually backed it. It was not certain how many officers were hired and permanently funded—it may have been closer to 50,000—but the program did have a significant impact on police hiring in the nation. Less clear was the effect of COPS on the crime rate. The program's supporters asserted success, but other factors like the economy, demographics and alternate policing methods might have been just as important.Less
Before the 1960s crime wave, American police officers were little trained and spent much of their time responding to citizen calls about crime. A Law Enforcement Education Program (LEEP) in the 1970s began to upgrade police education. A round of studies questioned the effectiveness of police patrol tactics. Analysts advocated more sophisticated methods, called ‘problem‐oriented policing’ and later the more general ‘community policing.’ New York lawyer Adam Walinsky promoted a concept called the Police Corps that would encourage more college‐educated officers. The reform ideas coalesced in the presidency of Bill Clinton, who successfully argued for federal funding for an additional 100,000 community‐oriented local officers, an idea that Walinsky complained was a watered‐down form of his concept (which still was instituted on a smaller scale). Clinton's Attorney General, Janet Reno, was initially skeptical of the massive federal program called ‘Community Oriented Policing Services’ (COPS), but she eventually backed it. It was not certain how many officers were hired and permanently funded—it may have been closer to 50,000—but the program did have a significant impact on police hiring in the nation. Less clear was the effect of COPS on the crime rate. The program's supporters asserted success, but other factors like the economy, demographics and alternate policing methods might have been just as important.
Susan W. Brenner
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195385014
- eISBN:
- 9780199855414
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195385014.003.0006
- Subject:
- Law, Criminal Law and Criminology
This chapter examines the partitioned response model that is essentially the norm in modern nation-states. This model divides official responsibility for responding to crime, terrorism, and warfare ...
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This chapter examines the partitioned response model that is essentially the norm in modern nation-states. This model divides official responsibility for responding to crime, terrorism, and warfare between two governmental institutions: civilian law enforcement and the military. While the focus is almost exclusively on the laws implementing this model in the United States, comparable provisions, and a similar allocation of responsibility, are in effect in many other countries, as well.Less
This chapter examines the partitioned response model that is essentially the norm in modern nation-states. This model divides official responsibility for responding to crime, terrorism, and warfare between two governmental institutions: civilian law enforcement and the military. While the focus is almost exclusively on the laws implementing this model in the United States, comparable provisions, and a similar allocation of responsibility, are in effect in many other countries, as well.
Catherine Kovesi Killerby
- Published in print:
- 2002
- Published Online:
- January 2010
- ISBN:
- 9780199247936
- eISBN:
- 9780191714733
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199247936.003.0008
- Subject:
- History, European Medieval History
This chapter examines the provisions made for the enforcement of sumptuary law, the instances of prosecutions that have so far been discovered, and the possible reasons for the ultimate failure of ...
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This chapter examines the provisions made for the enforcement of sumptuary law, the instances of prosecutions that have so far been discovered, and the possible reasons for the ultimate failure of sumptuary legislation. It shows that rulers employed various methods in order to ensure that all the relevant members of the population were aware that sumptuary laws were in force and what these laws prohibited, and that they were properly enforced. It adds that the majority of prosecutions that were discovered dealt with women who had violated the clothing laws. It argues that the primary cause of failure of sumptuary laws was associated with the job for which the legislation was designed. It explains that legislative regulation of fashion proved impossible to the legislators for they still had to identify luxurious clothing by employing specific fashion terminology. It also presents several criticisms made against sumptuary laws.Less
This chapter examines the provisions made for the enforcement of sumptuary law, the instances of prosecutions that have so far been discovered, and the possible reasons for the ultimate failure of sumptuary legislation. It shows that rulers employed various methods in order to ensure that all the relevant members of the population were aware that sumptuary laws were in force and what these laws prohibited, and that they were properly enforced. It adds that the majority of prosecutions that were discovered dealt with women who had violated the clothing laws. It argues that the primary cause of failure of sumptuary laws was associated with the job for which the legislation was designed. It explains that legislative regulation of fashion proved impossible to the legislators for they still had to identify luxurious clothing by employing specific fashion terminology. It also presents several criticisms made against sumptuary laws.
Robin Geiß and Anna Petrig
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199609529
- eISBN:
- 9780191729751
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199609529.003.0004
- Subject:
- Law, Public International Law, Criminal Law and Criminology
Part 3 scrutinizes the scope of enforcement powers granted to States by Articles 110 and 105 United Nations Convention on the Law of the Sea and by virtue of the various Security Council Resolutions. ...
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Part 3 scrutinizes the scope of enforcement powers granted to States by Articles 110 and 105 United Nations Convention on the Law of the Sea and by virtue of the various Security Council Resolutions. The guiding questions in this section are: What kind of enforcement measures are States currently allowed to employ? Against whom can these enforcement powers be used? What is the geographical scope of the enforcement powers now granted? In particular, is a coherent and uniform regime of enforcement powers in place or does it make a difference whether pirates and armed robbers at sea are pursued on the high seas, within Somalia's or other States' coastal waters or on the Somali mainland? Secondly, given that the Security Council has explicitly called for the use of shipriders in the present context, this rather novel mechanism is examined. Thirdly, the analysis aims to identify the applicable legal constraints that confine and regulate the execution of enforcement powers in relation to piracy and armed robbery at sea off the coast of Somalia and in the larger Gulf of Aden region. In addition, the attribution of possible human rights violations in the United Nations-mandated multinational counter-piracy operations is considered.Less
Part 3 scrutinizes the scope of enforcement powers granted to States by Articles 110 and 105 United Nations Convention on the Law of the Sea and by virtue of the various Security Council Resolutions. The guiding questions in this section are: What kind of enforcement measures are States currently allowed to employ? Against whom can these enforcement powers be used? What is the geographical scope of the enforcement powers now granted? In particular, is a coherent and uniform regime of enforcement powers in place or does it make a difference whether pirates and armed robbers at sea are pursued on the high seas, within Somalia's or other States' coastal waters or on the Somali mainland? Secondly, given that the Security Council has explicitly called for the use of shipriders in the present context, this rather novel mechanism is examined. Thirdly, the analysis aims to identify the applicable legal constraints that confine and regulate the execution of enforcement powers in relation to piracy and armed robbery at sea off the coast of Somalia and in the larger Gulf of Aden region. In addition, the attribution of possible human rights violations in the United Nations-mandated multinational counter-piracy operations is considered.
Sibylle Grohs
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199644735
- eISBN:
- 9780191740695
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199644735.003.0003
- Subject:
- Law, EU Law, Public International Law
This chapter discusses how the procedure envisaged in the Treaty on the Functioning of the European Union works in practice, from the perspective of a sector where enforcement against member states ...
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This chapter discusses how the procedure envisaged in the Treaty on the Functioning of the European Union works in practice, from the perspective of a sector where enforcement against member states has been particularly important: environmental policy. Although the general procedures for handling complaints are the same across the Commission, the individual Directorates-General have different approaches depending on the number and type of complaints they receive. In the field of environment, cases of alleged ‘bad application’ of Union law are relatively more frequent but are also harder to establish since the Commission does not have inspectors that it can send to member states to verify conflicting claims in situ. It is negotiated compliance rather than Court action that is most important. Although the direct enforcement procedure led by the Commission will remain important, the Commission is also encouraging the improvement of enforcement procedures at national level, through national courts.Less
This chapter discusses how the procedure envisaged in the Treaty on the Functioning of the European Union works in practice, from the perspective of a sector where enforcement against member states has been particularly important: environmental policy. Although the general procedures for handling complaints are the same across the Commission, the individual Directorates-General have different approaches depending on the number and type of complaints they receive. In the field of environment, cases of alleged ‘bad application’ of Union law are relatively more frequent but are also harder to establish since the Commission does not have inspectors that it can send to member states to verify conflicting claims in situ. It is negotiated compliance rather than Court action that is most important. Although the direct enforcement procedure led by the Commission will remain important, the Commission is also encouraging the improvement of enforcement procedures at national level, through national courts.
Ted Gest
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195103434
- eISBN:
- 9780199833887
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195103432.003.0003
- Subject:
- Political Science, American Politics
A major federal anticrime agency had its roots in an Office of Law Enforcement Assistance established in the presidency of Lyndon Johnson. The agency was enacted into law in a wide‐ranging crime law ...
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A major federal anticrime agency had its roots in an Office of Law Enforcement Assistance established in the presidency of Lyndon Johnson. The agency was enacted into law in a wide‐ranging crime law enacted in 1968. Its name was changed to the Law Enforcement Assistance Administration (LEAA); its purpose was to distribute federal aid to state and local criminal justice programs. But Congress ordered the agency to be headed by an unwieldy troika of administrators. A succession of leaders over a decade frequently changed policy directions, setting an erratic course while spending almost $1 billion annually in some years. The agency funded some pioneering programs, such as units in prosecutors’ offices to help crime victims and witnesses. Eventually, however, its programs lacked sufficient proof of significant impact on the crime problem or the justice system. President Jimmy Carter proposed its elimination in 1980 and Congress agreed.Less
A major federal anticrime agency had its roots in an Office of Law Enforcement Assistance established in the presidency of Lyndon Johnson. The agency was enacted into law in a wide‐ranging crime law enacted in 1968. Its name was changed to the Law Enforcement Assistance Administration (LEAA); its purpose was to distribute federal aid to state and local criminal justice programs. But Congress ordered the agency to be headed by an unwieldy troika of administrators. A succession of leaders over a decade frequently changed policy directions, setting an erratic course while spending almost $1 billion annually in some years. The agency funded some pioneering programs, such as units in prosecutors’ offices to help crime victims and witnesses. Eventually, however, its programs lacked sufficient proof of significant impact on the crime problem or the justice system. President Jimmy Carter proposed its elimination in 1980 and Congress agreed.
Benedict Kingsbury and Adam Roberts
- Published in print:
- 1992
- Published Online:
- November 2003
- ISBN:
- 9780198277712
- eISBN:
- 9780191598890
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198277717.003.0001
- Subject:
- Political Science, International Relations and Politics
This exposition of the main themes of the book considers the significance of De Jure Belli ac Pacis; the concept of ‘international society’ in the Grotian tradition; the place of war in international ...
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This exposition of the main themes of the book considers the significance of De Jure Belli ac Pacis; the concept of ‘international society’ in the Grotian tradition; the place of war in international society; law as an institution of international society; the enforcement of international law against third states; the place of the non‐European world in Grotian thought; the universality of international society and international law; and the Grotian tradition in international relations.Less
This exposition of the main themes of the book considers the significance of De Jure Belli ac Pacis; the concept of ‘international society’ in the Grotian tradition; the place of war in international society; law as an institution of international society; the enforcement of international law against third states; the place of the non‐European world in Grotian thought; the universality of international society and international law; and the Grotian tradition in international relations.
Imelda Maher and Oana Ştefan
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199593170
- eISBN:
- 9780191595660
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199593170.003.0009
- Subject:
- Law, Constitutional and Administrative Law
In the late 1990s the European Commission set out on the most radical transformation of the enforcement of European competition law in forty years. The highly centralized enforcement regime where ...
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In the late 1990s the European Commission set out on the most radical transformation of the enforcement of European competition law in forty years. The highly centralized enforcement regime where competition law was seen as a key tool in market integration was replaced with a decentralized, self-regulatory model with an emphasis on economic principles. The creation of a network of national competition authorities (NCAs) and the European Commission Directorate General for Competition (DGComp) was a key element in this reform. The European Competition Network (ECN) is the institutional form under which the efficient and smooth enforcement of European competition norms by all NCAs and the Commission is to be achieved, enforcement having been (re)delegated downwards to the national level as part of the modernization process. This chapter reflects on the constitutional implications of the modernization of European competition law with particular reference to the ECN, which as a form of network governance creates a number of constitutional challenges, notably relating to the questions of consistency and accountability. The chapter first addresses the constitutionalization of the EU before moving on to discuss the architecture of competition law enforcement in the EU. It then sets out how, primarily in functional terms, the ECN is seen as successful. The particular constitutional challenges posed by the operation of the network, notably consistency and accountability, are analysed. It then discusses the role the courts have played in endorsing and challenging the competition law enforcement governance structures before concluding.Less
In the late 1990s the European Commission set out on the most radical transformation of the enforcement of European competition law in forty years. The highly centralized enforcement regime where competition law was seen as a key tool in market integration was replaced with a decentralized, self-regulatory model with an emphasis on economic principles. The creation of a network of national competition authorities (NCAs) and the European Commission Directorate General for Competition (DGComp) was a key element in this reform. The European Competition Network (ECN) is the institutional form under which the efficient and smooth enforcement of European competition norms by all NCAs and the Commission is to be achieved, enforcement having been (re)delegated downwards to the national level as part of the modernization process. This chapter reflects on the constitutional implications of the modernization of European competition law with particular reference to the ECN, which as a form of network governance creates a number of constitutional challenges, notably relating to the questions of consistency and accountability. The chapter first addresses the constitutionalization of the EU before moving on to discuss the architecture of competition law enforcement in the EU. It then sets out how, primarily in functional terms, the ECN is seen as successful. The particular constitutional challenges posed by the operation of the network, notably consistency and accountability, are analysed. It then discusses the role the courts have played in endorsing and challenging the competition law enforcement governance structures before concluding.
Natalie Klein
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199566532
- eISBN:
- 9780191725197
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566532.003.0003
- Subject:
- Law, Public International Law
After a short introduction to law enforcement in the law of the sea, this chapter considers each maritime zone in turn, beginning with those closest to the state's land territory (ports and internal ...
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After a short introduction to law enforcement in the law of the sea, this chapter considers each maritime zone in turn, beginning with those closest to the state's land territory (ports and internal waters) and the territorial sea (straits, the contiguous zone, the continental shelf, Exclusive Economic Zone, and the high seas). For each zone addressed, particular issues for law enforcement in relation to maritime security threats are discussed, notably in relation to transnational crime (such as drug trafficking and people-smuggling), piracy and armed robbery, marine pollution, and IUU fishing. It is shown that there has been greater recognition of enforcement powers to respond to maritime security threats, and this recognition has usually come at the expense of sovereign interests in certain maritime areas and over vessels.Less
After a short introduction to law enforcement in the law of the sea, this chapter considers each maritime zone in turn, beginning with those closest to the state's land territory (ports and internal waters) and the territorial sea (straits, the contiguous zone, the continental shelf, Exclusive Economic Zone, and the high seas). For each zone addressed, particular issues for law enforcement in relation to maritime security threats are discussed, notably in relation to transnational crime (such as drug trafficking and people-smuggling), piracy and armed robbery, marine pollution, and IUU fishing. It is shown that there has been greater recognition of enforcement powers to respond to maritime security threats, and this recognition has usually come at the expense of sovereign interests in certain maritime areas and over vessels.
Noam Lubell
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199584840
- eISBN:
- 9780191594540
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199584840.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
This book analyses the primary relevant rules of international law applicable to extraterritorial use of force by states against non-state actors. Force in this context takes many forms, ranging from ...
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This book analyses the primary relevant rules of international law applicable to extraterritorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the ‘war on terror’, but are not limited to this context, and the analysis in this book covers a more definable scope: unilateral, extraterritorial, forcible measures against non-state actors. Three frameworks of international law are examined. These are the framework of international law regulating the resort to force in the territory of other states, the law of armed conflict, and international human rights law. The book examines the applicability of these frameworks to extraterritorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures. The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence, the lawfulness of measures that do not conform to the parameters of self-defence, the classification of extraterritorial force against non-state actors as armed conflict, the ‘war on terror’ as an armed conflict, the laws of armed conflict regulating force against groups and individuals, the extraterritorial applicability of international human rights law, and the regulation of forcible measures under human rights law.Less
This book analyses the primary relevant rules of international law applicable to extraterritorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the ‘war on terror’, but are not limited to this context, and the analysis in this book covers a more definable scope: unilateral, extraterritorial, forcible measures against non-state actors. Three frameworks of international law are examined. These are the framework of international law regulating the resort to force in the territory of other states, the law of armed conflict, and international human rights law. The book examines the applicability of these frameworks to extraterritorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures. The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence, the lawfulness of measures that do not conform to the parameters of self-defence, the classification of extraterritorial force against non-state actors as armed conflict, the ‘war on terror’ as an armed conflict, the laws of armed conflict regulating force against groups and individuals, the extraterritorial applicability of international human rights law, and the regulation of forcible measures under human rights law.
Wesley G. Skogan
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195154580
- eISBN:
- 9780199944033
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195154580.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
Highly popular with both the public and political leaders, community policing is the most important development in law enforcement in the last twenty-five years. But does it really work? Can police ...
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Highly popular with both the public and political leaders, community policing is the most important development in law enforcement in the last twenty-five years. But does it really work? Can police departments fundamentally change their organization? Can neighborhood problems be solved? In the early 1990s, Chicago, the nation's third-largest city, instituted the nation's largest community policing initiative. This book provides a comprehensive evaluation of that citywide program, examining its impact on crime, neighborhood residents, and the police. Based on the results of a thirteen-year study, including interviews, citywide surveys, and sophisticated statistical analyses, it reveals a city divided among African Americans, whites, and Latinos. By looking at the varying effects community policing had on each of these groups, the book provides an analysis of what works and why. As the use of community policing increases and issues related to race and immigration become more pressing, it will serve the needs of an increasing amount of students, scholars, and professionals interested in the most effective and harmonious means of keeping communities safe.Less
Highly popular with both the public and political leaders, community policing is the most important development in law enforcement in the last twenty-five years. But does it really work? Can police departments fundamentally change their organization? Can neighborhood problems be solved? In the early 1990s, Chicago, the nation's third-largest city, instituted the nation's largest community policing initiative. This book provides a comprehensive evaluation of that citywide program, examining its impact on crime, neighborhood residents, and the police. Based on the results of a thirteen-year study, including interviews, citywide surveys, and sophisticated statistical analyses, it reveals a city divided among African Americans, whites, and Latinos. By looking at the varying effects community policing had on each of these groups, the book provides an analysis of what works and why. As the use of community policing increases and issues related to race and immigration become more pressing, it will serve the needs of an increasing amount of students, scholars, and professionals interested in the most effective and harmonious means of keeping communities safe.
