Organized Crime, Culture, and Social Institutions in Europe: an Application of Institutional Anomie Theory

Total Page:16

File Type:pdf, Size:1020Kb

Organized Crime, Culture, and Social Institutions in Europe: an Application of Institutional Anomie Theory ORGANIZED CRIME, CULTURE, AND SOCIAL INSTITUTIONS IN EUROPE: AN APPLICATION OF INSTITUTIONAL ANOMIE THEORY A research presented by Diana Summers Dolliver to The Graduate School of Social Sciences and Humanities In partial fulfillment of the requirements for the degree of Doctor of Philosophy in the field of Criminology and Justice Policy Northeastern University Boston, Massachusetts March, 2013 1 ORGANIZED CRIME, CULTURE, AND SOCIAL INSTITUTIONS IN EUROPE: AN APPLICATION OF INSTITUTIONAL ANOMIE THEORY by Diana Summers Dolliver ABSTRACT OF RESEARCH Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Criminology and Justice Policy in the Graduate School of Social Sciences and Humanities at Northeastern University March, 2013 2 ABSTRACT Organized crime activity is one form of transnational crime that is at the forefront of concerns for the global community. Organized crime quickly adapts to new social environments, illustrating its flexible and dynamic qualities. As the United Nation’s Organized Crime Threat Assessment (2011) noted, “More than ever before, strong levels of cooperation exist between different organized crime groups, transcending national, ethnic, and business differences” (8). Despite these alarming global trends, criminologists have not routinely applied a socio-cultural approach to an empirical study of organized crime. With Europe identified as the global “hotspot” for consumption of illicit goods and services provided by criminal organizations around the world, this study conducts an empirical assessment of macro-level organized crime trends in Europe through the theoretical guidance of Institutional Anomie Theory. Official and annually reported data were collected from fourteen countries in Europe from 1995 to 2009. Organized crime was operationalized using four measures of drug seizures (cannabis, heroin, cocaine, amphetamines). The fourteen countries were grouped into six country clusters representing different national contexts, in addition to being divided into two groups representing developed countries and countries in transition. The single country of Poland was further examined due to its international recognition as a source country for amphetamine production (DEA, 2004). The main findings indicate that: 1) Institutional Anomie Theory was not found to predict high levels of organized crime or homicides in this sample as well as originally anticipated; 2) cultural-institutional configurations were found to vary between countries and groups of countries, and each configuration differentially impacted the four measures of organized crime in Europe; 3) the four 3 proxies for organized crime were found to behave differently from each other in the given settings in this study; 4) intentional homicide rates (i.e., the traditional dependent variable that has been used in the majority of past empirical studies of Institutional Anomie Theory) did not operate well under the theory’s restrictions; and 5) some combinations of variables were found to be connected through common elements, which indicate policies aimed at one of the variables will have a similar impact on other variables. This will arm policymakers with additional tools to combat organized crime prevalence in this region. These findings have several implications for future studies of organized crime, as well as future applications of Institutional Anomie Theory in criminology, which include maximizing the scope and applicability of this criminological theory in different cultural- institutional settings. 4 © Copyright by Diana Summers Dolliver 2013 5 ACKNOWLEDGEMENTS Perhaps Robert Frost said it best: “I shall be telling this with a sigh somewhere ages and ages hence: two roads diverged in a wood, and I – I took the one less traveled by, and that has made all the difference.” In many different ways, for me this has been a long journey that would not at all have been possible without the support and guidance from so many important people in my life, both professionally and personally – and that has made all the difference. My travels down this path started many years ago, and I must thank Joe Kuhns and Paul Friday for their continued friendship and mentorship dating to my early days of academic ambitions, as well as their encouragement in applying to a Ph.D. program. Joe, I still remember taking Introduction to Law Enforcement with you, and your teaching style, personal insight, and professional guidance have influenced my professional development, and will continue to throughout my career. I would also like to thank my former colleagues at DEA: Nancy, Hutch, Rob, Chris, Andy, Sean, Jim, Dave, and everyone else who made those three years some of my best ever. My academic interests in drug trafficking and organized crime were solidified during these years, and the field experience has added invaluable insight to my dissertation and continued research. DEA is and will always be a part of my identity. I also have many people to thank from my doctoral program at Northeastern University. Phil He, I must thank you first for calling me on a summer’s afternoon in 2009 to give me the best news I had heard in months (if not longer, honestly) and a new beginning in Boston. My committee, composed of my chair Jack Greene, Ineke Marshall, Kamran Dadkhah, and Emil Pływaczewski, made this dissertation possible through countless hours of revisions, critiques, and guidance. Each member played a different but 6 vital role in its completion. I didn’t start working with Jack until my second year in the program. After hearing some of my dissertation-related ideas, Ineke urged me to email Jack (her husband) and set up a meeting with him. She told me that he shared many of my research interests in policing and would be a great person to work with, but to not be dissuaded if he didn’t smile enough at first. Unfazed, I met with Jack and quickly took to his keen insight and sense of humor, and ever since our first meeting he has been an integral part of my development as an academic. Jack guided me throughout the theoretical development that became the basis of my dissertation, helping me overcome my own stubbornness to see that theory really should come before methods. Thank you for your mentorship, patience, humor, and countless hours spent reading all the various versions of my “tome.” Kamran Dadkhah, thank you for the years you have spent teaching and guiding me through the econometric analyses used in my dissertation. You have shown me friendship that extends beyond methods, and were always there to lend an ear when I needed it. As a member of my committee housed in the Economics Department of Northeastern, you did not have to take me under your wing, but I am forever grateful that you did. I also have to thank Ineke Marshall and Emil Plywaczewski for serving on my dissertation committee. Ineke, you have been an important element of my entire cohort’s experience in this doctoral program, and I very much appreciate your insight into the comparative and theoretical aspects of my dissertation. Emil Plywaczewski, thank you for taking the time to be a part of this process. As the Dean of the Law School at the University of Bialystok in Poland, I am very grateful for your guidance and expertise on the organized crime aspects of my dissertation. 7 Other faculty at Northeastern I would like to thank include Jack McDevitt and Amy Farrell for the opportunity to work at the Research Center, and for your much appreciated words of wisdom throughout these four years. I would also like to extend thanks to my cohort, Matt Dolliver, Jen Ross, Mike Rocque, Kristin Rose, and Chad Posick, for being the most awesome group of people to share this experience with. I still think we should get “Cohort 6” t-shirts made. Stephanie Fahy, you are an adopted member of our cohort, and I want to thank you for your continued friendship over these years. Most importantly, I would like to thank my family for the emotional (and sometimes financial!) support throughout this process. You have watched me grow and change as a person from my time in Charlotte, to a very rough year in Rhode Island, and finally throughout these past four (challenging) years in Boston. Your love and support has always been unwavering, and words really cannot express my gratitude. I love you all. Most of all, I want to thank my husband and best friend, Matt. We met on our first day of orientation for the doctoral program in 301 Churchill Hall. You sat next to me and from that point on, forever changed my life. Few people who complete a doctoral degree experience what we have – that is, a spouse or partner who is also going through the same struggles and emotional rollercoaster that define every Ph.D. program. Hand-in-hand, you have been my shoulder to cry on, my study buddy, my intellectual sounding board, and most importantly my steadfast rock. Thank you for loving me, and for supporting my geographical ADD and my (sometimes unrealistic) ambitions. On this road less traveled, I have not been alone. I quite honestly could not have done any of this without you, and I dedicate this dissertation to you. 8 TABLE OF CONTENTS Abstract 2 Acknowledgements 6 List of Tables 10 List of Figures 13 Chapter 1: Introduction 14 Chapter 2: Culture, Institutions, and Anomie: An Historical Review 19 Chapter 3: Organized Crime 74 Chapter 4: Research Questions, Methodology, Data, and Analytic Strategy 118 Chapter 5: Findings 167 Chapter 6: Conclusion 268 References 304 Appendices 325 9 LIST OF TABLES
Recommended publications
  • The Honorable John F. Kelly January 30, 2017 Secretary Department of Homeland Security 3801 Nebraska Avenue, NW Washington, DC 20036
    The Honorable John F. Kelly January 30, 2017 Secretary Department of Homeland Security 3801 Nebraska Avenue, NW Washington, DC 20036 The Honorable Sally Yates Acting Attorney General Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 The Honorable Thomas A. Shannon Acting Secretary Department of State 2201 C Street, NW Washington, DC 20520 Secretary Kelly, Acting Attorney General Yates, Acting Secretary Shannon: As former cabinet Secretaries, senior government officials, diplomats, military service members and intelligence community professionals who have served in the Bush and Obama administrations, we, the undersigned, have worked for many years to make America strong and our homeland secure. Therefore, we are writing to you to express our deep concern with President Trump’s recent Executive Order directed at the immigration system, refugees and visitors to this country. This Order not only jeopardizes tens of thousands of lives, it has caused a crisis right here in America and will do long-term damage to our national security. In the middle of the night, just as we were beginning our nation’s commemoration of the Holocaust, dozens of refugees onboard flights to the United States and thousands of visitors were swept up in an Order of unprecedented scope, apparently with little to no oversight or input from national security professionals. Individuals, who have passed through multiple rounds of robust security vetting, including just before their departure, were detained, some reportedly without access to lawyers, right here in U.S. airports. They include not only women and children whose lives have been upended by actual radical terrorists, but brave individuals who put their own lives on the line and worked side-by-side with our men and women in uniform in Iraq now fighting against ISIL.
    [Show full text]
  • Collective Action and the Evolution of Social Norm Internalization Sergey Gavriletsa,B,C,1 and Peter J
    Collective action and the evolution of social norm internalization Sergey Gavriletsa,b,c,1 and Peter J. Richersond aDepartment of Ecology and Evolutionary Biology, University of Tennessee, Knoxville, TN 37996; bDepartment of Mathematics, University of Tennessee, Knoxville, TN 37996; cNational Institute for Mathematical and Biological Synthesis, University of Tennessee, Knoxville, TN 37996; and dDepartment of Environmental Science and Policy, University of California, Davis, CA 95616 Edited by Simon A. Levin, Princeton University, Princeton, NJ, and approved May 4, 2017 (received for review March 7, 2017) Human behavior is strongly affected by culturally transmitted processing, and decision making (11) and the costs of monitor- norms and values. Certain norms are internalized (i.e., acting ing, punishments, or conditional rewards that would otherwise be according to a norm becomes an end in itself rather than merely necessary to ensure cooperation (9, 14). Internalization of norms a tool in achieving certain goals or avoiding social sanctions). allows individuals and groups to adjust their utility functions Humans’ capacity to internalize norms likely evolved in our ances- in situations with a rapidly changing environment when genetic tors to simplify solving certain challenges—including social ones. mechanisms would be too slow to react (9). A society’s values are Here we study theoretically the evolutionary origins of the capac- transmitted through the internalization of norms (15), with some ity to internalize norms. In our models, individuals can choose societies being more successful than others due to their norms to participate in collective actions as well as punish free rid- and institutions (16). The presence of both costs and benefits of ers.
    [Show full text]
  • Sociological Theories of Deviance: Definitions & Considerations
    Sociological Theories of Deviance: Definitions & Considerations NCSS Strands: Individuals, Groups, and Institutions Time, Continuity, and Change Grade level: 9-12 Class periods needed: 1.5- 50 minute periods Purpose, Background, and Context Sociologists seek to understand how and why deviance occurs within a society. They do this by developing theories that explain factors impacting deviance on a wide scale such as social frustrations, socialization, social learning, and the impact of labeling. Four main theories have developed in the last 50 years. Anomie: Deviance is caused by anomie, or the feeling that society’s goals or the means to achieve them are closed to the person Control: Deviance exists because of improper socialization, which results in a lack of self-control for the person Differential association: People learn deviance from associating with others who act in deviant ways Labeling: Deviant behavior depends on who is defining it, and the people in our society who define deviance are usually those in positions of power Students will participate in a “jigsaw” where they will become knowledgeable in one theory and then share their knowledge with the rest of the class. After all theories have been presented, the class will use the theories to explain an historic example of socially deviant behavior: Zoot Suit Riots. Objectives & Student Outcomes Students will: Be able to define the concepts of social norms and deviance 1 Brainstorm behaviors that fit along a continuum from informal to formal deviance Learn four sociological theories of deviance by reading, listening, constructing hypotheticals, and questioning classmates Apply theories of deviance to Zoot Suit Riots that occurred in the 1943 Examine the role of social norms for individuals, groups, and institutions and how they are reinforced to maintain a order within a society; examine disorder/deviance within a society (NCSS Standards, p.
    [Show full text]
  • Children of Organized Crime Offenders: Like Father, Like Child?
    Eur J Crim Policy Res https://doi.org/10.1007/s10610-018-9381-6 Children of Organized Crime Offenders: Like Father, Like Child? An Explorative and Qualitative Study Into Mechanisms of Intergenerational (Dis)Continuity in Organized Crime Families Meintje van Dijk1 & Edward Kleemans1 & Veroni Eichelsheim 2 # The Author(s) 2018 Abstract This qualitative descriptive study aims to explore (1) the extent of intergenerational continuity of crime in families of organized crime offenders, (2) the mechanisms underlying this phenomenon and (3) the mechanisms underlying intergenerational discontinuity. The study comprised a descriptive analysis of the available numeric information on 25 organized crime offenders based in Amsterdam and their 48 children of at least 19 years of age and a more qualitative in-depth analysis of police files, justice department files and child protection service files of all the family members of 14 of the 25 families. Additionally, interviews with employees of the involved organizations were conducted. In terms of prevalence in official record crime statistics, the results show that a large majority of the organized crime offenders’ sons seem to follow in their fathers’ footsteps. This is not the case for daughters, as half of them have a criminal record, but primarily for only one minor crime. Intergenerational transmission seems to be facilitated by mediating risk factors, inadequate parenting skills of the mother, the Bfamous^ or violent reputation of the father, and deviant social learning. If we want to break the intergenerational chain of crime and violence, the results seem to suggest that an accumulation of protective factors seem to be effective, particularly for girls.
    [Show full text]
  • Congressional Record—Senate S9304
    S9304 CONGRESSIONAL RECORD — SENATE September 14, 2009 table, but this man is one of the great- the principal symptom of this adminis- Let me take my concerns one by one. est humanitarians who have ever lived. tration’s 8-month record of too many Article I of the Constitution of the He dedicated his life to the develop- Washington takeovers. We have an United States gives to the Congress the ment of scientific breakthroughs in AIDS czar, an auto recovery czar, a appropriations power and sets up, in order to ease malnutrition and famine border czar, and a California water articles II and III, the executive and ju- all over the world. czar. We have a car czar, a central re- dicial branches, a system of checks and One of Dr. Borlaug’s latest efforts gion czar, and a domestic violence czar. balances to make sure no one branch of began in the early 1980s. There wasn’t There is an economic czar, an energy the Federal Government runs away anything in the Nobel armada of prizes and environment czar, a faith-based with the government. Senator ROBERT that represented agriculture, which is czar and a Great Lakes czar. The list BYRD, the President pro tempore of the why he received the Peace Prize for goes on, up to 32 or 34. One of these, for Senate, wrote a letter to President recognition of his research in agri- example, is the pay czar, Mr. Kenneth Obama on February 23. Senator BYRD, culture, and so Dr. Borlaug thought Feinberg, the Treasury Department’s who is often called the Constitutional there ought to be an annual award for Special Master for Compensation.
    [Show full text]
  • Cultural Heritage in Poland
    Santander Art and Culture Law Review 2/2017 (3): 319-342 DOI: 10.4467/2450050XSNR.17.017.8435 CULTURAL HERITAGE IN POLAND Olgierd Jakubowski* [email protected] National Institute for Museums and Public Collections ul. Goraszewska 7 02-910 Warsaw, Poland The Threat to Cultural Heritage from Crime in Poland: 2016 Cases Abstract: Various methods of risk assessment can be deployed when examining the phenomenon of crime against cultural herit- age. Annual data concerning instances of particular crimes involv- ing cultural assets as well as case studies allow us to understand the trends in the activities of the perpetrators and help to develop methods of prevention. This article presents selected data as well as cases of offences discovered or committed in Poland in 2016, based on the statistics provided by the police, Customs Service, and Border Guard. It also presents data on final convictions of per- petrators of such acts. As part of the annual cycle of analysis, the developments illustrate the trends and risks to monuments and cultural assets in a given year. This complementary presentation of information about the threat to cultural heritage is important for research and policy-making aimed at developing strategies for its protection. * Olgierd Jakubowski is Chief Expert at the National Institute for Museums and Public Collections in Warsaw, where he is responsible for export licensing and cooperation with police and customs. Olgierd is currently a member of the European Commission’s working groups on the export and import of cultural goods. In Poland, he is the coordinator of the Internal Market Information System module with regard to the return of cultural objects unlawfully removed from the territory of an EU Member State.
    [Show full text]
  • Passivity: Looking at Bystanding Through the Lens of Criminological Theory
    University of Tennessee, Knoxville TRACE: Tennessee Research and Creative Exchange Masters Theses Graduate School 5-2011 Passivity: Looking at Bystanding Through the Lens of Criminological Theory Rahim Manji [email protected] Follow this and additional works at: https://trace.tennessee.edu/utk_gradthes Part of the Civic and Community Engagement Commons, and the Criminology Commons Recommended Citation Manji, Rahim, "Passivity: Looking at Bystanding Through the Lens of Criminological Theory. " Master's Thesis, University of Tennessee, 2011. https://trace.tennessee.edu/utk_gradthes/897 This Thesis is brought to you for free and open access by the Graduate School at TRACE: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Masters Theses by an authorized administrator of TRACE: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. To the Graduate Council: I am submitting herewith a thesis written by Rahim Manji entitled "Passivity: Looking at Bystanding Through the Lens of Criminological Theory." I have examined the final electronic copy of this thesis for form and content and recommend that it be accepted in partial fulfillment of the requirements for the degree of Master of Arts, with a major in Sociology. Lois Presser, Major Professor We have read this thesis and recommend its acceptance: Harry Dahms, Ben Feldmeyer Accepted for the Council: Carolyn R. Hodges Vice Provost and Dean of the Graduate School (Original signatures are on file with official studentecor r ds.) Passivity: Looking at Bystanding Through the Lens of Criminological Theory A Thesis Presented for the Masters of Arts Degree University of Tennessee, Knoxville Rahim Manji May, 2011 To the idea of a world in which injustice causes people to roil.
    [Show full text]
  • Transformation Towards a Market Oriented Economy – an Impetus Or Hindrance for Organized Crime in Poland?
    OLSZTYN ECONOMIC JOURNAL 2020, 15(1), 5–22 ISSN 1897-2721 e-ISSN 2083-4675 DOI: 10.31648/oej.5395 ORIGINAL PAPER Received: 13.11.2019 Revised: 15.01.2020 Published: 31.03.2020 TRANSFORMATION TOWARDS A MARKET ORIENTED ECONOMY – AN IMPETUS OR HINDRANCE FOR ORGANIZED CRIME IN POLAND? Andrzej Buszko Faculty of Economic Sciences University of Warmia and Mazury in Olsztyn ORCID: https://orcid.org/0000-0003-0600-4646 e-mail: [email protected] JEL Classification: G11, M14, O16. K e y w o r d s: transformation, organized crime groups, Poland, shortage economy, market oriented economy, the pattern of crime. Abstract This article deals with the phenomenon of organized crime that has emerged as an urgent and serious problem in Poland during the transformation period. The solid background for organized crime group activity was created during the communist time. Due to the strong position of the police (that time called militia), and the security body, organized crime was not so well developed. After 1989, the organized crime groups (OCG) started to be more active, both in the domestic and the international market. The patterns of organized crime group activity were presented. So the main objective of the paper is to reveal the evolution of OCG activities and their scale in Poland. The organized crime groups have proven to be skillful in the exploitation of legal loop- holes. The OCG became less violent, and focused more on economic crimes. TRANSFORMACJA W KIERUNKU GOSPODARKI RYNKOWEJ – WSPARCIE CZY BARIERA DLA ZORGANIZOWANEJ PRZESTĘPCZOŚCI W POLSCE? Andrzej Buszko Wydział Nauk Ekonomicznych Uniwersytet Warmińsko-Mazurski w Olsztynie Kody JEL: G11, M14, O16.
    [Show full text]
  • Government Officials (National, State, Local)
    11/6/13 Government Officials (National, State, Local) Alabama Congressional Delegation Senate Jeff Sessions (http://www.sessions.senate.gov/public/) (R): 335 Russell Senate Office Building, Washington, D.C. 20510-0104 Telephone: 202-224-4124 Huntsville Office: 200 Clinton Avenue NW, Regions Center, Suite 802, Huntsville, AL 35801 -4932 Main: (256) 533-0979 Fax: (256) 533-0745 Richard Shelby (http://shelby.senate.gov/public/)( R): 304 Russell Senate Office Building, Washington, D.C. 20510-0103 Telephone: 202-224-5744 Huntsville Office: 1000 Glenn Hearn Blvd. Box 20127, Huntsville, AL 35824 Telephone: (256) 772-0460 House of Representatives http://www.house.gov/ General address of all Representatives: U.S. House of Representatives, Washington, D.C. 20515 District 1: Jo Bonner ( R )http://bonner.house.gov/ District 2: Martha Roby ( R ) http://roby.house.gov/ District 3: Mike Rogers ( R )http://mike-rogers.house.gov/ District 4: Robert Aderholt ( R ) http://aderholt.house.gov/ District 5: Mo Brooks ( R ) http://brooks.house.gov/ Washington office, Huntsville office Washington Office (http://brooks.house.gov/contact-me/): 1230 Longworth HOB Washington, DC 20515 Washington telephone: (202)225-4801 Huntsville Office (http://brooks.house.gov/contact-me/) 2101 W. Clinton Avenue, Suite 302 Huntsville, AL 35805 Huntsville telephone: (256)551-0190 District 6: Spencer Bachus ( R ) (http://bachus.house.gov/) District 7: Terri Sewell ( D ) (https://sewell.house.gov/contact-me) 11/6/13 Federal Officials President: Barrack Hussein Obama II (http://www.whitehouse.gov/) Born: August 4, 1961, in Honolulu, HI Address: The White House, 1600 Pennsylvania Ave. NW, Washington, D.C. 20500 Vice-President: Joseph Robinette Biden, Jr.
    [Show full text]
  • National Prevention Strategy AMERICA’S PLAN for BETTER HEALTH and WELLNESS
    National Prevention Strategy AMERICA’S PLAN FOR BETTER HEALTH AND WELLNESS June 2011 National Prevention, Health Promotion and Public Health Council For more information about the National Prevention Strategy, go to: http://www.healthcare.gov/center/councils/nphpphc. OFFICE of the SURGEON GENERAL 5600 Fishers Lane Room 18-66 Rockville, MD 20857 email: [email protected] Suggested citation: National Prevention Council, National Prevention Strategy, Washington, DC: U.S. Department of Health and Human Services, Office of the Surgeon General, 2011. National Prevention Strategy America’s Plan for Better Health and Wellness June 16, 2011 2 National Prevention Message from the Chair of the National Prevention,Strategy Health Promotion, and Public Health Council As U.S. Surgeon General and Chair of the National Prevention, Health Promotion, and Public Health Council (National Prevention Council), I am honored to present the nation’s first ever National Prevention and Health Promotion Strategy (National Prevention Strategy). This strategy is a critical component of the Affordable Care Act, and it provides an opportunity for us to become a more healthy and fit nation. The National Prevention Council comprises 17 heads of departments, agencies, and offices across the Federal government who are committed to promoting prevention and wellness. The Council provides the leadership necessary to engage not only the federal government but a diverse array of stakeholders, from state and local policy makers, to business leaders, to individuals, their families and communities, to champion the policies and programs needed to ensure the health of Americans prospers. With guidance from the public and the Advisory Group on Prevention, Health Promotion, and Integrative and Public Health, the National Prevention Council developed this Strategy.
    [Show full text]
  • Positivism and the Inseparability of Law and Morals
    \\server05\productn\N\NYU\83-4\NYU403.txt unknown Seq: 1 25-SEP-08 12:20 POSITIVISM AND THE INSEPARABILITY OF LAW AND MORALS LESLIE GREEN* H.L.A. Hart made a famous claim that legal positivism somehow involves a “sepa- ration of law and morals.” This Article seeks to clarify and assess this claim, con- tending that Hart’s separability thesis should not be confused with the social thesis, the sources thesis, or a methodological thesis about jurisprudence. In contrast, Hart’s separability thesis denies the existence of any necessary conceptual connec- tions between law and morality. That thesis, however, is false: There are many necessary connections between law and morality, some of them conceptually signif- icant. Among them is an important negative connection: Law is, of its nature, morally fallible and morally risky. Lon Fuller emphasized what he called the “internal morality of law,” the “morality that makes law possible.” This Article argues that Hart’s most important message is that there is also an immorality that law makes possible. Law’s nature is seen not only in its internal virtues, in legality, but also in its internal vices, in legalism. INTRODUCTION H.L.A. Hart’s Holmes Lecture gave new expression to the old idea that legal systems comprise positive law only, a thesis usually labeled “legal positivism.” Hart did this in two ways. First, he disen- tangled the idea from the independent and distracting projects of the imperative theory of law, the analytic study of legal language, and non-cognitivist moral philosophies. Hart’s second move was to offer a fresh characterization of the thesis.
    [Show full text]
  • Fighting Environmental Crime in Poland: A
    Fighting Environmental Crime in Poland: A Country Report Work package 2 on “Instruments, actors, and institutions” This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement no 320276. ACKNOWLEDGEMENT The research leading to these results has been carried out as part of the research project "European Union Action to Fight Environmental Crime" (www.efface.eu). EFFACE is a collaborative effort of 11 European universities and think tanks and is coordinated by the Ecologic Institute (www.ecologic.eu). The research leading to these results has received funding from the European Union FP7 under grant agreement No 320276. AUTHORS Prof. Valsamis Mitsilegas, Queen Mary University of London Prof. Malgosia Fitzmaurice, Queen Mary University of London Dr. Elena Fasoli, Queen Mary University of London Manuscript completed in February 2015 This document is available online at: www.efface.eu This document should be cited as: Mitsilegas M., Fitzmaurice M., Fasoli E. (2015). Fighting Environmental Crime in Poland: A Country Report. Study in the framework of the EFFACE research project, London: Queen Mary University of London. Mar.Crime in Country Report on Poland framework of the EFFACE research project, Berlin: Ecologic Institute. Available at wwww.efface.eu DISCLAIMER The text reflects only the authors’ views and the EU or the Ecologic Institute are not liable for any use that may be made of the information contained therein. The views expressed in this publication are the sole responsibility of the author/s and do not necessarily reflect the views of the European Commission. For permission to reproduce, please contact the Ecologic Institute at [email protected].
    [Show full text]