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Routledge Handbook of Transnational Criminal Law

Neil Boister, Robert J. Currie

Transnational crime: an interdisciplinary perspective

Publication details https://www.routledgehandbooks.com/doi/10.4324/9780203380277.ch3 James Sheptycki Published online on: 13 Oct 2014

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The publisher does not give any warranty express or implied or make any representation that the contents will be complete or accurate or up to date. The publisher shall not be liable for an loss, actions, claims, proceedings, demand or costs or damages whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of the use of this material. Downloaded By: 10.3.98.104 At: 07:40 29 Sep 2021; For: 9780203380277, chapter3, 10.4324/9780203380277.ch3 instantiation of the words is disputed by others and, further, understand the criteria on which which on criteria the understand further, and, others by disputed is words the of instantiation peculiar own their that recognize debate the to parties all that important itis these, as such ofterms meaning the about discussions to concepts’. itcomes When contested ‘essentially are They political. word, ofthe sense basic the in is, application their and places and times are open- They level. asociological and apsychological onboth us to appeals which character complex including, discourse ofthis part are concepts Many governance. forglobal objects as designated of being process the in are that phenomena certain concerning game alanguage in components as exist essentially contested and warrant being placed in inverted commas. commas. inverted in placed being warrant and contested essentially theft, traffi drug property cultural piracy, theft, property intellectual terrorism, environment, the against Introduction 1 crime’. organized ‘transnational as such terms allied and crime’ ‘transnational concept ofthe contestability the is perspective interdisciplinary an foradopting reason The ones. legal and sociological economic, political, including viewpoints different synthesizes which adopted is perspective interdisciplinary an Instead chapter. this in adopted perspective defi phenomena those in consists crime transnational defi the in resides law. diffi Akey with governance forglobal object anew presents crime Transnational 2

Gallie, to According through law. through is important chapter, defi this these In meaning. of levels is denotative and to connotative the at both crime’, ‘tran- understand and organized crime’ snational ‘transnational terms the in differences subtle albeit obvious seemingly them are There as components in the language game of global governance p. 167.p. W.B. Gallie, ‘Essentially Contested Concepts’, Concepts’, Contested ‘Essentially W.B. Gallie,

ended terms, which can be differently applied to differing phenomena in different different in phenomena differing to applied differently be can which terms, ended inter alia inter nitional subtlties are largely elided. Both terms are essentially contestable. Therefore what what Therefore contestable. essentially are terms Both elided. largely are subtlties nitional

cking and so on. All of these terms are abstract analytical categories; they are are they categories; analytical abstract are terms ofthese All on. so and cking nitional ambit of the term. One perspective, legal positivism, suggests that that suggests positivism, legal perspective, One term. ofthe ambit nitional interdisciplinary perspective interdisciplinary , human sex traffi sex ,human 2 abstract analytical concepts are evaluative and have an internally Transnational crime:an cking, human organ traffi organ human cking, Proceedings of the Aristotelian Society, Aristotelian the of Proceedings ned in law as such. That is not the notthe is That such. as law in ned cking, cyber- cyber- cking, James 1 These notions crime, crimes

1956, vol. 56, Sheptycki culty culty 3 41

Downloaded By: 10.3.98.104 At: 07:40 29 Sep 2021; For: 9780203380277, chapter3, 10.4324/9780203380277.ch3 (TOC). crime organized oftransnational trope the around reoriented been also have agencies defense and intelligence security, western interest, agency enforcement law traditional to twenty- how, early shown have the in Gill Peter and Edwards Adam Organized Crime: Thinking in and outofPlato’s Cave’, and in Thinking Crime: Organized ‘Transnational titled Nelemans Mark and Duyne van Petrus criminologists Dutch the by essay athoughtful In contestability. oftheir revealing is terms ofrelevant etymology The Beginnings ‘crime’. term the and ‘organized’, term the ‘transnational’, term The crime’. organized ‘transnational term the with problems defi to ofapproaches avariety to consideration due give reader the help to aims chapter This fore. the to oflaw politics the brings crime’ organized ‘transnational so) more (even and crime’ ‘transnational as such ofterms ability contest- essential the recognizing because scholarship forlegal importance ofparticular is defi own their that insist and terms ofthe contestability essential the with trouble have because participants the confused radically becoming risks crime organized transnational and crime national oftrans- problem the about Muchdiscussion based. are views repudiating) (perhaps others’ James Sheptycki 42 5 4 3 Woodiwiss Concept’, Michael American ofan Career Strange The Crime: Organized ‘Transnational titled essay another In elites. political and bysocial in participated corruption pearance of crimes disap- by transnational attendant the and corporations, crime’, organized white- ‘transnational term bythe signaled commodities, other and drugs in markets illicit about anarrative into language policy ofthe transformation slow the trace Nelemans and World. Van Duyne Third ofthe countries in enterprise capitalist oflicit effects orharmful activities illicit about aconcern itsignaled and crime’ ‘transnational was ofart term the Initially, 1970s. early the in beginning decades ofseveral over aperiod shifted terminology show how the they papers position and documents ofUN analysis content ofa basis the On described. is Nations United ofthe context institutional the within words stage. global the power onto enforcement law ofUS projection the legitimating in useful again was crime organized transnational with aconcern to shift the War period, post-Cold the power. In state offederal encroachment ofthe suspicious society of American norms political and legal certain to antithetical rather was that ofinstitution-building aproject enforcement, law federal ofUS apparatus upthe building in useful was crime oforganized discourse the how He shows 1990s. the War Cold during ofthe aftermath the in crime’ organized national ‘trans into mutation its until century twentieth ofthe part early the in circles enforcement law ofAmerican discourse the in basis its from crime oforganized concept of the development the 6

University Park, PA: Penn State University Press, 1993. Press, University State PA: Penn Park, University Nadelmann, E. also See p. 1. 2003, Toronto of Press, University Toronto: (ed.), in Concept’, Beare M. American an of Career Strange The Crime: Organized ‘Transnational Woodiwiss, M. (eds), Gilmore S. and Cave’,Plato’s F. in of out Allum and in Thinking Crime: Organized ‘Transnational Nelemans, M.D.H. P.C. and Van Duyne Abingdon: Routledge, 2012, p. 36. p. 36. 2012, Routledge, Abingdon: and the Narration of “Threat”’, “Threat”’, of Narration the Refl and Discourse, Crime”: Organized “Transnational of Politics ‘The P. and Gill, Edwards A. no. 2, p. 245. no. 2, nitions are neutral, self- self- neutral, are nitions

Critical Perspectives on Transnational Organized Crime, Money Laundering and Corruption and Laundering Money Crime, Organized Transnational on Perspectives Critical Cops Across Borders: The Internationalization of US Criminal Law Enforcement Law Criminal US of Internationalization The Borders: Across Cops evident, constant, and proper or commonsensical. This point point This orcommonsensical. proper and constant, evident, The British Journal of Politics and International Relations International and Politics of Journal British The

ning the issues. In truth there are actually three three actually are there truth In issues. the ning Routledge Handbook of Transnational Organized Crime Organized Transnational of Handbook Routledge

3 the historical evolution of these ofthese evolution historical the collar crime and the crimes of crimes the and crime collar fi rst century, in addition , 2002, vol. 4, vol. ,2002, 4 exivity exivity traces - 6 5 , , ,

Downloaded By: 10.3.98.104 At: 07:40 29 Sep 2021; For: 9780203380277, chapter3, 10.4324/9780203380277.ch3 the discourse concerning transnational crime amounted to the ‘dumbing of global discourse’: ofglobal ‘dumbing the to amounted crime transnational concerning discourse the 13 plifi society.’ American in crime oforganized role the to relation little bears impulse, reform ofthe root the at deep so guys” “bad and guys” “good between distinction moralistic simple ‘the concluded, Study of Organized Crime’, ofOrganized Study the and ‘History titled essay an In elites. business and political bysocial, populated world’ ‘upper the and ‘underworld’ illicit the between symbiosis functional the uncovered had ians Mafi the politicians. and police business, illegal between relationships systemic were economy illicit ofthe functioning the to central and interconnections between the corrupt denizens of the ‘upper world’ and the criminality of criminality the and ‘upper world’ ofthe denizens corrupt the between interconnections the and networks, patron–client ofinformal embeddedness social ofthe awareness of an Bereft outsider. ofacultural picture the conveniently, also, is Big ofMr portrait The that). is itcertainly (although world institutional lawman’s ofthe aprojection notmerely is hierarchy 12 century. nineteenth early the least at from cities American big ofthe zens citi- to familiar were crime oforganized phenomena the aware, well are historians social As ofcorruption’. maw insatiable the upin ‘swallowed again be to power only ofpolitical positions and prominence to rise who byreformers uncovered is politicians and wherein a deep- adeep- wherein drama’ a‘ritual explaining at aimed was century twentieth the during America in Crime City ofBig account narrative His gambling. notably industries, vice bycertain provided mobility’ ofsocial ‘queer ladders and Dream’ ‘American the attain to groups immigrant of aspirations the machines’, ‘political urban ofthe character changing the involving factors aconfl from emerged cities American big the in criminality oforganized pattern the him to oflife’. ‘way According American the to integral as crime organized explained rung integrated in a series leading to the master conspirator’. criminals as ‘protobureaucrats’ organized the and abureaucracy as crime organized Picturing is ‘truths’. convenient ‘theother lawman’s projecting while favorite: things some hides that format the anarrative into phenomenon complex ladderhighly of conspiracy with each 11 10 7 9 8

Woodiwiss, to According Frequently cited work by Alan Block and William Chambliss gives a sense of why and how and ofwhy asense gives Chambliss William and Block byAlan work cited Frequently A.A. Block, ‘History and the Study of Organized Crime’, Crime’, Organized of Study the and ‘History Block, A.A. Ibid., p. 466. p. 466. Ibid., 4,p. no. 455. 6, vol. Ibid. p. 4. Crime’, Organized ‘Transnational Woodiwiss, Bell, ‘Crime as an American Way Life’, of pp. 131–132. American an as ‘Crime Bell, Interpretation’, Historical and ATheoretical Enterprise: ‘Illegal D. Bell, ‘Crime as an American p. 4. Ibid., Way of Life’, cation making the term synonymous with ‘the Mafi now implies. term ofthe use common the as institutions legitimate from separate so never and structured so rarely butis destructive and damaging increasingly is that aproblem combat to efforts in nothelp will tions or Mafi gangster synonymous with crime’ ‘organized the term making

a image came to dominate conceptions of organized crime in America. Social histor- Social America. in crime oforganized conceptions dominate to came a image 11 For Mark Haller, the organization of crime was really about about really was ofcrime organization the Haller, Mark For

seated pattern of corruption involving players in the illegal ‘rackets’, police ‘rackets’, police illegal the in players involving ofcorruption pattern seated

7 12 the American conception of organized crime was an oversim- an was crime oforganized conception American the Block argued that the Mafi the that argued Block Antioch Review Antioch 8

Journal ofJournal Ethnography Contemporary a’. The projection of this term into into term a’. of this projection The a conspiracy theory condenses a condenses theory a conspiracy , 1953, vol. 13, p. 131; M.H. Haller, ,1953, 13, p. Haller, 131; vol. M.H. Criminology 13 An interdisciplinaryperspective Seeing organized crime as a as crime organized Seeing illegal entrepreneurship , 1990, vol. 28, p. 207. 28, vol. ,1990, a- 10 ‘Obviously’, he he ‘Obviously’, type organiza- 9 Daniel Bell Bell Daniel uence of uence , 1978, ,1978, 43 ,

Downloaded By: 10.3.98.104 At: 07:40 29 Sep 2021; For: 9780203380277, chapter3, 10.4324/9780203380277.ch3 Second, and more importantly, more and Second, the mythology of the Mafi ofthe mythology the that showed Chambliss invisible. corruption makes crime oforganized conception conspiracy Mafi the America, in ofcrime organization the to enforcement law and machines political local elites, national between connections the acknowledging than Rather America. in policy public and attention ofpublic amatter becomes crime oforganized subject the whenever in an essay titled ‘Mafi titled essay an in the basis of a socio- ofasocio- basis the cratic beliefs’. infi to poised is that group alien secret, organized, an “out is there” somewhere that apprehension ‘recurring the policy: public fi cultural areoccurring was there that suggested ‘Mafi the being third Scare’,the ‘Red the and Conspiracy’ ‘Illuminati the ‘under world’ that are part- part- are that world’ ‘under the James Sheptycki 44 14 racketeers’. ofall) important least ways some (in and leaders union businessmen, people, enforcement law ofpoliticians, tion Petty Crooks to Presidents term ‘organized crime’ becomes a kind of cover- crime’. oforganized control practical important most and ultimate . the who . had . have politicians enterprise’. ofillicit problems the address noteffectively do that ofstrategies agroup to ‘led it First, reasons. fortwo problematic Smith, to according was, States United the in building institution- Federal Agency). Enforcement Drug the (now ofNarcotics Bureau Federal and ofInvestigation Bureau Federal the to, notlimited butwas included, This enforcement. law ‘Mafi term of the claims. conspiracy the concerning evidence supporting as usable facts, orpresumed facts, of aset entrepreneur moral the to available be must so. There doing successfully to critical is factor power. Athird own oftheir basis institutional the manufacture to them itallows because do they that way the in act crusaders These it. espouse who ofthose interests the it upholds because undertaken is Suchentrepreneurship fears. and anxieties these with linked plausibly be can that threat aperceived onto attention public focus to act must ofthem, orseveral preneur, entre- Amoral entrepreneur. moral the equation: the in element second the Enter ones. existing ofalready buttressing orthe institutions, ofsocial building the forjustifying basis the provides italso Importantly, outsiders. cultural against pronounced easily too all is that moralizing and projection forpsychological soil fertile is precariousness ontological This boundaries. and tions institu- traditions, community’s agiven to threatening anxiety and unease ofsocial sense spread awide- arise to has there First, orconditions. characteristics common three exhibit theories 16 15 18 17

Why is this important? The answer lies in a sociological analysis provided by Dwight Smith, Jr Jr Smith, Dwight by provided analysis sociological a in lies answer The important? this is Why When it comes to the Mafi the to itcomes When W. Chambliss, Chambliss, W. Ibid., p. 87.Ibid., Press, 1978, p. 1978, 9. Press, Ibid., p. 9. Ibid., Ibid., p. 76. Ibid., Science Social and ‘Mafi Jr., Smith, D.C. 15 Chambliss revealed that it is not an accident that the topic of corruption is left out left is ofcorruption topic the that accident notan itis that revealed Chambliss

17

At a general level, Smith’s analysis suggests that threatening alien conspiracy conspiracy alien threatening that suggests analysis Smith’s level, ageneral At a’ provided the pretext for building up the national apparatus of US federal federal ofUS apparatus national upthe forbuilding pretext the a’ provided On the Take: From Petty Crooks to Presidents to Crooks Petty Take: From the On no.1, p. 423, 1976, 75. vol. , January

historical analysis of three cases of ‘alien conspiracy’ – the fi –the conspiracy’ of‘alien cases ofthree analysis historical a: The Prototypical Alien Conspiracy’ originally published in 1976. in published originally Conspiracy’ Alien Prototypical The a: a, the Prototypical Alien Conspiracy’, Conspiracy’, Alien Prototypical the a, , Chambliss observed that ‘organized crime really consists ofacoali- consists really crime ‘organized that observed ,Chambliss a is notfi a is a conspiracy myth, Smith’s theory holds that the valorization valorization the that holds theory Smith’s myth, a conspiracy and-parcel of organization of crime in big American cities, the the cities, American big in ofcrime oforganization and-parcel ltrate our society and to undermine our fundamental demo- fundamental our undermine to and society our ltrate 14 ctive; it is merely misleading. misleading. merely itis ctive; According to him, of these groups it was actually ‘the xation of great signifi up. In his classic work work classic his up. In

, Bloomington, IN: Indiana University University Indiana IN: ,Bloomington, Annals of the American Academy of Political Political of Academy American the of Annals a conspiracy’ – Smith –Smith a conspiracy’ cance for American forAmerican cance On the Take: From Take: the From On rst two being the the being two rst 16 On a- 18

Downloaded By: 10.3.98.104 At: 07:40 29 Sep 2021; For: 9780203380277, chapter3, 10.4324/9780203380277.ch3 23 and the ‘rank- ‘rank- the and lieutenants’, ‘deputy are ‘lieutenant’ the Beneath alieutenant. effect in régime’, ofthe ‘head ofa byway ofcommunication channels through work bosses enterprise, illicit ofthe level working the to To communicate activity. criminal direct in involved is a is boss each beneath and head’), ‘the (literally 22 21 ties. familial to references and terminology Mafi American the in labor drama drama nology gave offi works it through an added popularized largely was degree language This work. of verisimilitude. 19 20 sketch of the organization of the Mafi ofthe organization ofthe sketch literature concerning organized crime is enveloped in this conceptualization and, according according and, conceptualization this in enveloped is crime organized concerning literature Mafi as crime organized about scientifi gained language English way, the this In book seminal his in crime organized fi the hewas Task Force, the infl most oneofits was Cressey Donald named Awell- Crime. onOrganized Task Force President’s States United of the results ofthe 1967, publication was the saw which ofphrase, turn Woodiwiss’ itsupposed. reality the endure to had America myth, the through live to thereby continuing and established, Thus

The crucial year in the constitution of ‘that strange American concept’, to use Michael concept’, Michael use to American strange of‘that constitution the in year crucial The Annals of the American Academy of Political and Social Science Social and Political of Academy American the of Annals Problem’, aSocial as Crime Organized of Study the in Problems ‘Methodological Cressey, D.R. Loved’, Loved’, Mafi the Book the Godfather, the of Author Puzo: ‘Mario Homberger, E. 1940s. and mid- 1930s the gritty in youth his and Italy Campania, in heritage family his on heavily as a writer of pulp fi Mario Puzo, author of of author Puzo, Mario D. Cressey, D. Cressey, Row, 1967. Ibid., pp. 87–88. pp. 87–88. Ibid., D. Cressey, Cressey, D. observed. directly be can inference by created hehas which scene action the run’ long the ‘in that assumption the make . . comfortably . scientist . can . data social . the creates archeologist the as just cessible, inac- the to known the from byreasoning crime onorganized data create can scientist social the show that itdoes position, ofonestructural observation from norms Nostra oversimplifi agross control. They have been threatening on two counts. First, they have affected law enforce- law affected have they First, counts. States. United the two in ofjustice on corruption onthe impact threatening been confi the ment beyond have They control. been more threatening to this country than the illicit behavior they were supposed to though ostensibly aimed at destroying organized crime, those strategies have themselves The Godfather The The Guardian

and-fi Criminal Organization: Its Elementary Forms, Elementary Its Organization: Criminal Theft of a Nation: The Structure of Organized Crime in America in Crime Organized of Structure The aNation: of Theft

le’ ‘soldiers’ at the bottom of the hierarchy do most of the hands- hands- ofthe most do hierarchy ofthe bottom the at le’ ‘soldiers’ know well, Cosa Nostra families are each headed by a boss, or ction for men’s magazines with titles like like titles with men’s for magazines ction , Monday, 5 July 1999. 5July ,Monday, cation of the complex inferences which can be made about La Cosa Cosa La about made be can which inferences complex ofthe cation The Godfather The nes of organized crime control; second they have had asignifi had have they second control; crime oforganized nes a by making metaphorical use of military ranks alongside Italian Italian alongside ranks ofmilitary use metaphorical a bymaking a- rst academic criminologist to attempt a systematic study of study asystematic attempt to criminologist academic rst type crime. From Cressey’s work onward the criminological criminological the onward work Cressey’s From crime. type , learned the tales upon which it is based during his prior career career prior his during based itis which upon tales the ,learned Theft of aNation of Theft a is 23

21 As those who have watched the 1972 American 1972 the American watched have who those As uential members. Based on his experience with with experience onhis Based members. uential sotto capo sotto c affi 22 Cressey concluded that although such a such although that concluded Cressey New York: Harper and Row, and 1972. York: New Harper . rmation for a particular way of talking oftalking way foraparticular rmation 20 ,1967, 374, vol. p. 101, p. 112. Cressey elaborated on the division of division onthe elaborated Cressey (literally ‘under the head’). Neither Neither head’). the ‘under (literally 19 known academic criminologist criminologist academic known

True Action True An interdisciplinaryperspective ction, but academic crimi- , New York: Harper and and York: ,New Harper and and town Manhattan in capporegima Swank

. He drew .Hedrew on dirty on dirty

– the –the il capo cant 45 a

Downloaded By: 10.3.98.104 At: 07:40 29 Sep 2021; For: 9780203380277, chapter3, 10.4324/9780203380277.ch3 28 27 26 25 methods.’ historical to attention and forcare admonishment the with insensitivity and naïveté ofhistorical outexamples point to notenough is ‘it argues, Block Mafi Italian is crime organized all that imply to have not It does discourse. crime organized underlying substance real some is there Obviously titled ‘Transnational Crime as a Productive Fiction’. interests. institutional particular to harnessed are categories analytical abstract particular these that shows record historical the and concepts, orscientifi notaneutral is crime’ organized national ciate that the labeling of something as ‘organized crime’ or ‘transnational crime’ or ‘trans- essay. short this in conveyed be can than evolution historical this to more is There involved. terms ofthe contestability ofthe sense agood gives global system to pursue political and economic agendas unimpeded. unimpeded. agendas economic and political pursue to system global the within actors stronger allowed ithas and discourse rights ofhuman censure the izing neutral- while enemies their with ‘deal’ to elites forpolitical mechanisms the provides talk TOC around created anxiety and fear the from arising paradigm security The constructions. are terms like and crime organized transnational not It is states. within and between hierarchies economic and ical polit- ofsocial, extension and maintenance development, the served has terrorism and crime organized concerning language show how the systematically onto goes and productive, counter- to and talk TOC to common fi a‘productive are They ofstates. capacities function terrorism ofglobal threat the and crime organized oftransnational threat the concerning as rhetorical justifi to Alan Block, it tends to suffer from ‘historical naïveté’. Block, it to ‘historical from Alan tends to suffer James Sheptycki 46 24 transnational and crime transnational concerning discussion criminological most short, if they remain comfortable in the assumption that, in the fi diffi the to alive are observers side- unwelcome an is ofterms meaning the about discussion theoretical self- is criminality organized people some For constructs. political and social as discursively formulated are facts observable that is this from conclusion The outcomes. shape players between power relations which in games language in nents concepts like ‘transnational crime’ and ‘transnational organized crime’ abstract are always that compo- establish to served section previous ofthe discussion brief, probably, too The Realism ment . . deep so of. . employ- . that conspiracy .runs alien supposed the and it crime organized [theterm term Mafi ofthe propagation organized anaïve to amounts crime] increasingly implies acceptance of a conspiracy’.

This point is nicely summed up by Jude McCulloch in an essay somewhat provocatively provocatively somewhat essay an in McCulloch upbyJude summed nicely is point This Understanding historical change in the terminology concerning the organization of crime ofcrime organization the concerning terminology the in change historical Understanding J. McCulloch, ‘Transnational Crime as a Productive Fiction’, Fiction’, aProductive as Crime ‘Transnational J. McCulloch, 1 Vol. J.Sheptycki, See p. 464. Ibid., p. 470. Ibid., p. 457. Crime’, Organized of Study the and ‘History Block, 2014. Sage, , London:

Historical Perspectives: Transnational Organized Crime, A Sage Major Works Collection Collection Works Major ASage Crime, Organized Transnational Perspectives: Historical

cations for the transformation and extension of the coercive coercive ofthe extension and transformation forthe cations culties in operationalizing a term like ‘transnational crime’ even terrorism discourse are ineffective and counter- counter- and ineffective are discourse terrorism ction’. She points out that the counter counter the outthat ction’. Shepoints a Myth in which ‘the connection between the the between connection ‘the which in a Myth 27 a- However, the reader can begin to appre- to begin can reader However, the c decision. All concepts are somebody’s somebody’s are concepts All c decision. type organized crime. ‘Unfortunately’, ‘Unfortunately’, crime. organized type social 28 McCulloch argues that discourses discourses that argues McCulloch 24

Social Justice, Too much writing on the subject subject onthe Too muchwriting constructions; they are evidently a real problem and any any and problem areal evidently nal analysis, it is a real thing. In In thing. areal itis analysis, nal

just 2007, vol. 34, no. 2, p. 19. no. 2, 34, vol. 2007, 26

that the concept of concept the that show. Yet careful show. Yet careful measures measures political 25

Downloaded By: 10.3.98.104 At: 07:40 29 Sep 2021; For: 9780203380277, chapter3, 10.4324/9780203380277.ch3 37 Connectedly, there are many instances of ‘strong states becoming weak’, which provide provide which weak’, becoming states of‘strong instances many are there Connectedly, at the same time they ‘depend on the structures of established states to move their commodi- goods’. their fortheir move to amarket create and states funds, their launder ties, established of structures the on ‘depend they time same the at terrorism’. These groups ‘benefi globally’. and regionally both operating groups crime powerful economically and ofpolitically oneofa‘multiplicity butrather network’, crime organized international lithic, problem. The fi The problem. ‘interlinked networks’ 36 35 34 33 32 31 crime. organized differently. crime oftransnational reality the describe lawyers social- sociologists, scientists, political economists, Likewise, it differently. describe astrophysicists and astronauts butastronomers, object areal be may moon ‘crime’, the Like terminology. ofthe status epistemological the forquestioning room some least at is there this, Observing concerns. and ofinterests array bewildering a somewhat confronts crime organized transnational and onorganized literature ofthe survey Any ment. abitofdisagree- quite and crime organized ortransnational crime transnational constitutes infl debates, many are there yet, And rock. afalling as real as is crime organized transnational you, ithits When obvious. the state to were that if as itis because assumptions ontological their emphasize notoften do Criminologists done. be to is what about recommendations policy pragmatic produce to aim notalways, although also, they and phenomena ofthese explanations coherent produce to aim as such or not, themselves to aim refer to they whether draw accurate Realists, position. pictures ‘realist’ of atacitly the adopts phenomena crime organized they problematize. Realists 30 29 crime. organized transnational prevent to efforts into strategies development ofeconomic integration the and criminals, oftransnational activities the expose to efforts journalistic crime, organized combating in aid to tools oflegal development campaigns, enforcement law and intelligence international foramulti- Sheargues ance. govern- forglobal problem acentral be to crime organized fortransnational case powerful a mounts Shelley crime. organized oftransnational problem the concerning thinking realist criminological oftypical examples contemporary good are essays These tandem. in read oflegitimacy. lack and capacity state ofpoor because arise forcrime opportunities that Williams Phil and byRoy Godson Crime’ Transnational and Organized

Godson and Williams consider a number of models for describing the nature of the ofthe nature the fordescribing ofmodels anumber consider Williams and Godson Let us look briefl look us Let Ibid., p. 316.Ibid., Godson and Williams, ‘Anticipating Organized and Transnational Crime’, pp. 315–322. pp. 315–322. Crime’, Transnational and Organized ‘Anticipating Williams, and Godson Ibid., p. 9. Ibid., p. 8. Ibid., p. 12. Ibid., Nexus’, pp. 10–11. Criminal New the ‘Unraveling Shelley, Social Change Crime’, Transnational and Organized ‘Anticipating P. and Williams, Godson R. vol. 6, no. 1, no. p. 6, 5. vol. Nexus’, Criminal New the ‘Unraveling Shelley, L. Vol. 3 Collection Works Major ASage Crime: Organized J.Sheptycki, See crime. transantional of problem the of interpretations realist about said be could more much that stressed be to itneeds Again

, 2002, vol. 37, vol. p. 311. ,2002, rst of these are a group of ‘political models’. of‘political agroup are ofthese rst 29 Nexus’ Criminal New the ‘Unraveling Shelley’s Louise

y at some examples of criminological realism concerning transnational 34 include the possibility of a ‘nexus between transnational crime and and crime transnational between ofa‘nexus possibility the include uences and approaches to the realistic understanding of what ofwhat understanding realistic the to approaches and uences pronged approach involving, among other things, coordinated coordinated things, other among involving, approach pronged 32 t from weak law enforcement in their home countries’ while while homecountries’ their in enforcement law weak tfrom According to her, the problem is not ‘that of a single, mono- ofasingle, not‘that is problem her, the to According

Realist Perspectives on Organized and Transnational Transnational and Organized on Perspectives Realist Georgetown Journal of International Affairs, of Journal International Georgetown 2014. Sage, , London:

36 The weak states model suggests 35 policy experts and (of course) course) (of and experts policy

An interdisciplinaryperspective

30 31 and ‘Anticipating ‘Anticipating and can be usefully usefully be can Crime, Law and and Law Crime,

33 These 2005, 47 37

Downloaded By: 10.3.98.104 At: 07:40 29 Sep 2021; For: 9780203380277, chapter3, 10.4324/9780203380277.ch3 48 42 43 47 46 45 44 41 40 bribery’. to susceptible are who agents enforcement law and judges bureaucrats, ‘politicians, in draw also can economy’. ofthe Networks sectors illicit and licit ‘between forexample boundaries, across extend can they and ofexpansion’, ‘capable disruption’, ‘fl are they because activities’, forcriminal are suited that well structures organizational sophisticated are ‘networks that argue Godson and Williams high levels of political legitimacy are ‘crime resistant states’. resistant ‘crime are legitimacy ofpolitical levels high and capacity governmental functioning with states democratic that suggest to taken is lines these along modeling Political weak. became states strong the as virulent muchmore became kinship ties. Second, Second, ties. kinship First, ofcrime. organization crime. fororganized account otherwise and assess measure, to attempt ofsurvey kinds how these detail close in examine they Art’ Impossible ofan State Sad The Crime: Organised ‘Assessing essay their in and assessments’, threat crime ‘organized as circles police in known is what is base knowledge The rest. accounts realist these which upon 1980s. ofone- breakdown the after ofMexico case the and USSR of the dissolution the to byreference model this illustrate They markets. freer to economy controlled centrally a from and democracy to authoritarianism –from transition’ of‘dual aperiod through move regimes authoritarian strong when happens This crime. oforganized incubators James Sheptycki 48 39 38 strategies’. ormitigating defensive preventive, ‘appropriate about upadiscussion open to order in so do Godson and Williams ways. various in combined and hybridized be can models reveal ‘little scientifi ‘little reveal arenas governmental European and arenas policy various in circulating papers policy other crime. organized to relation in models economic related groups of criminal entrepreneurs adopt to maximize profi maximize to adopt entrepreneurs ofcriminal groups different that strategies the and opportunities ofbusiness nature the about speculate to which competition, profi market, the in dominance product opportunities, product new as such factors risk management profi by the governed are and demand and ofsupply laws the to and subject are which services and goods soillicit on. culture’. and language bytheir provided mechanisms defense inbuilt have they since penetrate to cult ethnic characteristics. They speculate that ‘ethnically-

Williams and Godson go on to outline three social models that depict the transnational transnational the depict that models social three outline onto go Godson and Williams Petrus van Duyne and Maarten van Dijck are less easily impressed by the knowledge base base knowledge bythe impressed easily less are Dijck van Maarten and Duyne van Petrus Ibid., p. 101.Ibid., p. 2007, 101. York:New Springer, in F. Art’, Impossible an Bovenkerk of State Sad The Crime: Organised and ‘Assessing Dijck, M. van M. and LeviP. Duyne van (eds), p. 331.Ibid., p. 331.Ibid., p. 328. Ibid., pp. 324–325. Ibid., Ibid., p.311. pp. 332–333. Ibid., p. 320. Ibid., p. 320. Ibid., Ibid., p. 317.Ibid., 38 In both instances there was organized crime during the authoritarian period which which period authoritarian the during crime organized was there instances both In 43 Third, t motive. On the other are models of economic organization for capitalizing on forcapitalizing organization ofeconomic models are other the On t motive.

social network social

muchart’ and discipline methodological c and ethnic models look at group loyalty based on shared language and other other and language onshared based loyalty group at look models cultural models describe ‘webs models of describe infl

The Organised Crime Economy: Essays in Honour of Alan Block, Alan of Honour in Essays Economy: Crime Organised The models concern patron–client relations, family and and family relations, patron–client concern models 41 These economic models provide the basis on basis the provide models economic These based criminal networks are . . are . diffi networks criminal based exible and adaptable’, ‘resistant to to ‘resistant adaptable’, and exible 40 t. On the one hand are markets for markets are onehand the On 42 39

They also describe two closely closely two describe also They 47 criminals’. linking uence The threat assessments and and assessments threat The 48 and they go on to party rule in the the in rule party t margins, t margins, 45 These 46

- 44

Downloaded By: 10.3.98.104 At: 07:40 29 Sep 2021; For: 9780203380277, chapter3, 10.4324/9780203380277.ch3 54 53 52 51 50 It is just that the work is not done by disinterested scientifi bydisinterested notdone is work the that just It is scientifi with studied be cannot phenomena crime transnational notthat is problem purposes.’ political and conversational serve merely will string word ‘this since purposes’ forresearch ‘delete is conditions of transnationalization when many different institutional interests vie for primacy in defi forprimacy vie interests institutional different many when oftransnationalization conditions under especially activity, political intense to subject are butthey of‘crime’ concept the is set familial this in term constituent core The ofresemblance. afamily onform so and crime’ concept redundant’, thus saving ‘time and energy for more fruitful intellectual endeavors’. intellectual fruitful formore energy and ‘time saving thus redundant’, concept crime organized the ‘declaring researchers sensible to leads this Understanding heterogeneity. suggest oflabour division ofcriminal kinds ofdifferent functioning and shape the conduct, principles of cooperation, criminal and forms The the differing manifestations again. of different are entrepreneurial criminal ‘upper world’ ofthe crimes political and economic the and match- does as features, organizational unique has theft antiques and art vehicles, end’ of‘high theft organized from different is prostitution organized substances, ofprohibited provision economic the from differ rackets ofprotection economics forascientifi forward way ofspecifi manufacture the in environment their with interact actors social way the at bylooking that think they Essentially ofcrime. organization settings’. other in taken fordecisions texts justifying butas making, decision forstrategic tools support as notfunction ‘will it, about done be to needs what and problem crime transnational of the view apragmatic present to purports which literature, available muchofthe so why is That words’. imprecise afew around circulates simply debate the of centre the [but] appearance, acomplex has and extensive very ‘is literature The styles. art themcaricature as exhibiting, 49 substance. real little very is there which behind ofsmoke’ a‘curtain is there assessments’ an economic point of view, give clues as to why this is the case. Charles Tilly’s famous essay essay famous Tilly’s Charles case. the is this why to as clues ofview, give point economic an one and science apolitical onefrom essays, Acoupleofclassic recommendation. Dijck’s van

The categories of ‘transnational crime’, ‘transnational organized crime’, ‘serious organized organized ‘serious crime’, organized ‘transnational crime’, of‘transnational categories The Ibid., p. 121. Ibid., 104–105. pp. Ibid., Ibid., p. 108. p. 108. Ibid., Ibid., p. 115.Ibid., p. 2007, 110. York:New Springer, in F. Art’, Impossible an Bovenkerk of State Sad the Crime: Organised and ‘Assessing Dijck, M. van M. and LeviP. Duyne van (eds), p. 106. Ibid., threat? biggest the has who competition’: of‘threat akind we observed even agencies Between threats. reported ofits seriousness the with correlates ranking own agency’s the that state to fetched notfar job. certainly It is aserious doing are they all, After threats. ised crime, they have an understandable incentive fi to tasked to report also are (what they agencies are) these think when serious Particularly outcome. its in interest an have which agencies, enforcement outbylaw carried itis time, ofthe Most researchers. outbydetached carried undertaking notaneutral is crime’ ‘organised Assessing ning them. It is therefore diffi 52 When it comes to ‘serious organised crime’ and similar terms, the best thing to do do to thing best the terms, similar and crime’ organised ‘serious to itcomes When

53

Van Duyne and van Dijck advocate thinking scientifi thinking advocate Dijck van and Van Duyne cally engaged, empirical and realistic approach to the issues. The The issues. the to approach realistic and empirical engaged, cally inter alia inter

cult for social scientists to strictly adopt van Duyne’s and and Duyne’s van adopt strictly to scientists forsocial cult The Organised Crime Economy: Essays in Honour of Alan Block, Alan of Honour in Essays Economy: Crime Organised The , impressionist, expressionist, magical realist and pop pop and realist magical expressionist, ,impressionist, c types of criminal opportunity is the the is opportunity ofcriminal c types fi xing of xing sporting and racing events, cobservers: 49 Thus, in law enforcement ‘threat ‘threat enforcement law in Thus, An interdisciplinaryperspective cally about the the about cally ght organ- c rigour. rigour. c 50 The 54 51 49

Downloaded By: 10.3.98.104 At: 07:40 29 Sep 2021; For: 9780203380277, chapter3, 10.4324/9780203380277.ch3 59 58 robbery?’ butagreat government is what justice, –‘without Augustine St national crime is the natural effl natural the is crime national capitalism’, new planetary- of‘informational phase new the entered capitalism world as Castells, Manuel to According of the role of systemic corruption in enabling transnational crime became diffi economic and institutions political including social, secretive legitimate in interlinkages actors with between illicit activity. connections institutional new possible made 57 56 racket’. a‘protection to akin is state modern the that analogy the advances Crime’ Organized as Making State and ‘War Making entitled James Sheptycki 50 55 brilliant essay concerning the ‘Economic Consequences of Organized Violence’. ofOrganized Consequences ‘Economic the concerning essay brilliant his in concurs largely Lane Frederick economist The won granted. butnever accountability ofdemocratic aquestion is government ofstate legitimacy the and blurred is force police and racket protection between taxation, and extortion between line the continuum; same on the war- and policing rivalry, gangland piracy, banditry, realist, To apolitical state- state- benefi a render to promise latter the while because, other each from distinguishable be theory, in should, extortionists and Police awhole. as order forsocial consequences with relations, ofhuman order economic onthe effects powerful exert states providers, monopoly being that, albeit in very different ways, raise questions about the role of the state. state. ofthe role the about questions raise ways, different very in albeit Tilly, and Lane both and crime’ oforganized ‘reality the about thinking in predispositions de- paradox this Confronting protectors. rival against violence of ofamonopoly securitization the in protector bythe threatened violence against protection often is onoffer protection the because paradoxes to rise gives ofmarkets maintenance the in offorce role the about thinking realist Economic police. against –even ofpeople rights the system. global ofthe context the in evident cially 61 60

opportunity ofcriminal conjunction the pivot in acentral is state The Basil Blackwell, 1998. 1998. Blackwell, Basil D.O. Friedrichs, ‘The State of the Criminology of Crimes of the State’, State’, the of Crimes of Criminology the of State ‘The D.O. Friedrichs, Criminology, 1988 of Presidential Society Address’, American –The Crime ‘State-Organized W.J. p. 155; 28, vol. Chambliss, 1997 History’, from Lessons Crime: Organized and ‘Corruption Beare, M. p. 416.Ibid., 18, p. 401. vol. Violence’, Organized of Consequences ‘Economic F.C. Lane, M. Castells, Castells, M. no. 1, p. 147. Ibid. C. Tilly, ‘War Making and State Making as Organized Crime’, in P.B. Evans, D. Rueschemeer, and and Rueschemeer, D. Evans, P.B. in Crime’, Organized as Making (eds.), T. Skocpol State and Making ‘War Tilly, C. and Policing J.Sheptycki, and Bowling B. ofgovernment. kind acertain forth call expectations and norms shared whose ofasociety idea the consumers, willing to services offer states and ofarmies operators which in market open ofan idea the contract, ofasocial idea the alternatives: chief its do than facts the to resemblance greater a far self- and coercive as makers state and makers ofwar aportrait t to none but themselves, the former promise the benefi the promise former the nonebutthemselves, t to making, he argues that heargues making,

, London, Ashgate – Pioneers in Contemporary Criminology Series, 2011. Series, Criminology Contemporary in –Pioneers Ashgate , London, The Information Age: Economy, Society and Culture Vol III: End of the Millennium the of End Vol III: Culture and Society Economy, Age: Information The

Bringing the State Back In, Back State the Bringing

wide patterns of organization – the global ‘networked society’ – Global Policing ux of the global social system. system. social global ofthe ux 56 Criminology

Cambridge: Cambridge University Press, 1985, p. 1985, 169. Press, University Cambridge Cambridge: , London: Sage, 2012; J. Sheptycki, J. Sheptycki, 2012; Sage, ,London: 55 On the basis of a historical analysis of European ofEuropean analysis ofahistorical basis the On 60 Under transnational conditions awareness awareness conditions transnational Under , 1989, vol. 27, no. 2, p. 183; D.L. Rothe and and Rothe D.L. ,1989, 27, p. 183; vol. 2, no. Journal ofJournal History Economic t of protection and to protect protect to and t ofprotection seeking entrepreneurs bears bears entrepreneurs seeking centers the criminological criminological the centers Crime, Law and Social Change Social and Law Crime, Social Justice 59 making all belong all making Transnational Crime Crime Transnational and this is espe- 58 61 – Lane argued argued –Lane Hence trans- Hence cult to avoid. , 2006, vol. 33, vol. ,2006,

57 Quoting , Oxford: ,Oxford: ,1958, ,

Downloaded By: 10.3.98.104 At: 07:40 29 Sep 2021; For: 9780203380277, chapter3, 10.4324/9780203380277.ch3 66 65 68 67 64 Transparency International as ‘the abuse of entrusted power for private gain’, power forprivate ofentrusted abuse ‘the as International Transparency powerful, implicating the governmental apparatus in the ongoing problem: ongoing the in apparatus governmental the implicating powerful, relatively ofthe hands the in atool as features law which in cycle interlinked ofan part are Politics of Corruption’ makes the and this ofPolitics abundantly Corruption ‘The clear. essay Levi’s Nelken’sMichael and David focus. adequate insuffi is lens criminological astrictly that entails condition tional 63 62 corruption twist and turn. Nelken and Levi’s thesis can be condensed into a number of solid ofsolid anumber into condensed be can thesis Levi’s and Nelken turn. and twist corruption forcontrolling oflaw use the about debates that ofpower inequalities onissues itis Ultimately mental connotative meaning of the word, since the term derives from the Latin Latin the from derives term the since word, ofthe meaning connotative mental Nelken and Levi regard the manifestation of corruption and anti- anti- and ofcorruption manifestation the regard Levi and Nelken seem, itmay as contradictory and Antithetical virtue. ofRoman corruption the to attributed been has Empire Roman ofthe fall the institution: ofasocial off dying the signals often and orpractice belief orthodox from adeviation is Corruption ordestroy. abuse to meaning a verb and the State’. the and parties [political] ofpoliticians, legitimacy the extend) (or undermine to serve ‘can corruption anti- and corruption both out, point Levi and Nelken As allows. this than complicated more existing order’. existing anti- [and] patterns, corruption’. ‘noble be even cause can there The expansion of corruption and the knee- knee- the and ofcorruption expansion The

While globalization opens up new vistas for criminology, the complexity of the transna- ofthe complexity the forcriminology, vistas upnew opens globalization While Ibid., p. 3. Ibid., Ibid., p. 3. Ibid., Nelken and Levi ‘The Corruption of Politics and the Politics of Corruption’, p. 2. p. 2. Corruption’, of Politics the and Politics of Corruption ‘The Levi and Nelken Ibid., p. 9. Ibid., p. 4. Ibid., accessed 2 August 2013). 2013). 2August (accessed www. at transparency.org/cpi2011/in_detail available Index?’, Perceptions Corruption the is ‘What International, Transparency See and Society and of Corruption’, Politics the and of Politics Corruption ‘The Levi, M. D. and Nelken alone. parties ‘friendly’ leaving while reviews, tax intensive or operations for‘sting’ party) ‘right’ the to ‘donations’ political bribes/make pay to refuse who those (or opponents political their selectively target to opportunity the élites powerful gives butthis strategies: proactive develop to agencies forpolicing opportunity an as seen be may corruption public, orthe people business from money extort corrupt the where even complainants, any seldom are there because Precisely consequences. social broader have may which liberties, civil into intrusions major involves often State, re- to élites forpolitical aneed with harness in resentment ofpopular a tide white- and corruption involving oflaws enforcement The politicians and organized criminals can develop. can criminals organized and politicians between dependence way, ofmutual acycle same the In spirals. ofcorruption cycle the so and routes, privileged own their seek to others leads clients their to offered access leged privi- the from results which service administrative and political in deterioration The , 1996, vol. 23, no. 1, no. p. 1. 23, vol. ,1996,

64 66 Further, perceptions of what constitutes ‘corruption’ are culturally relative, and and relative, culturally are ‘corruption’ constitutes ofwhat perceptions Further, Appreciating corruption as a ‘force destroying social order’ taps into afunda- into taps order’ social destroying a‘force as corruption Appreciating corruption campaigns may even function as a “lawless” force destroying destroying force a“lawless” as function even may campaigns corruption

jerk implementation of anti- 65 Thus, ‘corruption creates its own “normative” “normative” own its creates ‘corruption Thus, 62 Corruption has been simply defi 67

collar crime, often enacted on enacted often crime, collar cient to bring everything into into everything bring to cient An interdisciplinaryperspective 68 corruption as co- co- as corruption

corruption programs programs corruption 63

but things are are butthings corruptus legitimate the the legitimate Journal of Law Law of Journal dependent: ned by by ned , from ,from 51 Downloaded By: 10.3.98.104 At: 07:40 29 Sep 2021; For: 9780203380277, chapter3, 10.4324/9780203380277.ch3 72 71 power. ofélite circulation the in involved routines ofthe part form also itcan and scandal suppress to attempts outthrough played be can ofcorruption politics power, the forsocial functional becomes corruption when show that, Levi and Nelken Ultimately, states. totalitarian and autocracies in itcan as just democracies in happen can this and racketeering, and fraud corruption, through ofpower interests coalitions in intertwined become can economy usual’. as ‘business criminal and corrupt secretive, mask to order in ofaction’ displays ‘symbolic mounting power holders’ political of‘inner possibility the with faced when debatable becomes of law’ ‘rule like abstraction an to subservient as élites book classic Reiman’s ofJeffrey title nifty the hence position, class aweaker in those policing onto resources those bydiverting perhaps task, the to inadequate is powerful ofthe crimes against forpolicing resourcing functional the that ensure to act can élites Political purview. legal from acts nefarious mask to used be may privacy protect to rules forexample persons; élite itdiffi make may law ofprocedural rules The corruption. of forms obvi- pervasive and even subtle more to blind remaining prosecute while to forfavors, ofmoney exchanges impossible it obvious and make crude most to the as target only so may law Substantive power holders. malign designed ously deliberately be can Law practice. corrupt protect to order social agiven in powerful relatively bythe used be can Law points. James Sheptycki 52 70 69 sub- various its and crime’ ‘transnational phenomenon say,the to as is That power tools. of legal aset as constituted is onethat itis oflaw discourse the within pursued is game language this as oflaw. Insofar sociology the in ofdiscussion points interesting outraises played is crime’ of‘transnational game language the which in terminology ofthe application and genesis The Law allies or, alternatively, to press prosecutions against their political opponents’. political their against prosecutions press to or, alternatively, allies their and them threaten that investigations frustrate to ofélites ability the to ‘refers which man’, including genetically altered microorganisms, could be patentable. The ability to patent patent to ability The patentable. be could microorganisms, altered genetically man’, including found in nature. nature. in found non- novel and useful, were that things to granted only were decision of the United States Supreme Court in in Court Supreme States United ofthe decision law, a in patent US in innovation by an possible made was piracy’ of‘seed concept new The ways. particular in ofinstitution kinds ofparticular control disciplinary the to subject ofobjects kinds particular into phenomena Objectifi ofgovernance. objects become cultural property theft, drug traffi national crimes against the environment, terrorism, intellectual property theft, piracy,

Viewing ‘the State’ as the defender of legitimate social and political order and political political and order political and social oflegitimate defender the as State’ ‘the Viewing The transnational crime of ‘intellectual property theft’ (IPT) is a telling illustration of this. ofthis. illustration atelling is (IPT) theft’ property of‘intellectual crime transnational The p. 259. 259. p. Law’, in D. Kennedy (ed.), (ed.), D.Law’, Kennedy in vChakrabarty Diamond Ibid., p. 11.Ibid., D. Nelken and M. Levi, ‘The Corruption of Politics and the Politics of Corruption’, p. 10. Corruption’, of Politics the and Politics of Corruption ‘The Levi, M. and D. Nelken Reiman, J.H. categories – such as human sex traffi sex human as –such categories The Rich Get Richer, the Poor Get Prison Get Poor the Richer, Get Rich The

The Rich Get Richer, the Poor Get Prison Get Poor the Richer, Get Rich The Diamond vDiamond Chakrabarty , 447 US 303; 1980, cited in K. Aoki, ‘The Stakes of Intellectual Property Property Intellectual of Stakes ‘The Aoki, K. in cited 1980, 303; US ,447 The Politics of Law: A Progressive Critique, AProgressive Law: of Politics The cking and so on – are conceptualized in legal terms they they terms legal in conceptualized on–are so and cking cking, human organ traffi organ human cking, found that ‘anything under the sun that is made by made is that sun the under ‘anything that found cation in terms of legal discourse turns these these turns discourse oflegal terms in cation . 69 Diamond vDiamond Chakrabarty Finally there is the political control route, route, control political the is there Finally , New York: Wiley and Sons, 1979. Sons, and York: ,New Wiley cult to mount prosecutions against obvious and that could not be notbe could that and obvious 71 New York: Basic Books, 1998, 1998, Books, York: New Basic Criminality and political political and Criminality cking, cyber- cyber- cking, . 72 Historically patents 70

crime, trans-

Downloaded By: 10.3.98.104 At: 07:40 29 Sep 2021; For: 9780203380277, chapter3, 10.4324/9780203380277.ch3 74 crime unique to the ‘information age’. ‘information the to unique crime Crime- “Piracy”: so- is ofthis manifestation Another language. the into brought been again has ‘piracy’ term piracy. seed into transformed been has saving Seed year’s planting. for next harvest ofthe aportion back keeping is, that saving; ofseed practice the forbid moved to have patents the own who corporations large the (IPRs), rights property intellectual their preserve to order In stolen. be could principle in which ofproperty, forms new produced genes 73 76 75 and patenting of natural remedies by the pharmaceutical industry. This too might be be might too This industry. pharmaceutical bythe remedies ofnatural patenting and of‘bio- concept the in seen be can law property ofintellectual terms the in encoded interests powerful the to ofresistance seeds adouble- law. is Law with ofruling foraform allows terms legal in crime oftransnational offorms designation showhow the examples These rations. corpo- agribusiness oftransnational interests the forpolicing apparatus an creates and farmers powerless ofrelatively criminalization forthe allows piracy’ ‘seed into saving ofseed practice ancient the turning one.Similarly, asensational into act amundane turns ‘piracy’ trading ofuser systems through entertainment recorded ofdigitally acquisition free the Designating terminology. the onto grafted are connotations dramatic when skepticism to predisposed as IPT bydesignating parlance popular in ease familiar and urgency given is law property intellectual instance this In laypersons. by comprehension easy ofpreventing effect the has precise, although which, writing legal of form obfuscating an ofas thought normally is Legalese legalese. popular in articulated are inference’. ofstatistical processes or“partial” ested” “inter- and agendas, justice criminal maneuvers, rhetorical activities, lobbying regimes, legal audio- of“pirate” consumption and production forexpanded conditions the establish to help technology information socio- ‘globalization, that Heobserves such. as constructed’ ‘socially itis wave’ orif a‘crime is ofcrime ‘epidemic’ this if Yar asks property. ofprivate kind anew policing into drafted been have world the around agencies enforcement producers. independent between trading seed and cleaning seed saving, seed like practices agricultural ancient undermine, ultimately and challenge, tools legal new how these shows piracy ofseed law. example The with ruling of aform are rights property Intellectual ofnature. privatization the enforces and farmers of activities the controls ofpolicing forms private and public ofboth Ahybrid courts. the fi farmers’ monitor also and prosecutions undertake lawyers while evidence and intelligence information, gather detectives Private India. notably world, the around ofjurisdictions avariety in documented been has piracy

The idea of intellectual property theft is manifest in other spheres where, interestingly, the the interestingly, where, spheres other in manifest is theft property ofintellectual idea The It is not an accident that the term ‘piracy’ has been attached to these phenomena as they they as phenomena these to attached been has ‘piracy’ term the that accident notan It is called ‘movie piracy’ or ‘music piracy’. Majid Yar’s essay ‘The Global “Epidemic” of Movie ofMovie “Epidemic” Global Yar’s ‘The Majid piracy’. or‘music essay piracy’ ‘movie called V. Shiva, V. Shiva, Power in Global Governance Global in Power (eds), Duvall R. and Barnett M. in Governance’, Global and ‘Policing J.Weldes, and Laffey M. Ibid., p. 691. Ibid., Society and Culture Crime- “Piracy”: Movie of “Epidemic” Global Yar, ‘The M. Stolen Harvest: The Hijacking of the Global Food Supply Food Global the of Hijacking The Harvest: Stolen

wave or Social Construction?’ offers a telling perspective on a transnational onatransnational perspective atelling offers Construction?’ wave orSocial , 2005, vol. 27, vol. p. 5, 677. no. ,2005, , Cambridge: Cambridge University Press, 2005, p. 59. 2005, Press, University Cambridge ,Cambridge: visual goods’, but the ‘epidemic’ is the ‘product of shifting ofshifting ‘product the is ‘epidemic’ goods’, butthe visual piracy’ – a quasi- –aquasi- piracy’ 75 With movie and music ‘piracy’, publically funded law law funded publically ‘piracy’, music and movie With piracy elds once they have been convicted of seed piracy in in piracy seed of convicted been have they once elds 74

. The IPT case is made more easily in a climate aclimate in easily more made is case IPT .The

economic “development” and innovation in in innovation and “development” economic 76 legal term which refers to the harvesting harvesting the to refers which term legal

wave or Social Construction?’, Construction?’, Social or wave , London: Zed Books, 2000. 2000. Books, Zed ,London: edged sword, however, and the the however, and sword, edged An interdisciplinaryperspective 73

Policing seed seed Policing

Media, 53 Downloaded By: 10.3.98.104 At: 07:40 29 Sep 2021; For: 9780203380277, chapter3, 10.4324/9780203380277.ch3 east coast of Africa. onthe peninsula Aden the off ‘pirates’ ofSomali activities the about media western the in emerged panic acrime 2009 and 2008 In contestable. essentially is discourse oflegal terms the known case. essential contestability of its terms. The so- overfi and waste toxic dumping illegally vessels butalso tankers, oil notonly protected pirates the policing vessels naval the that meant this things, other Among discourse. crime transnational atwenty- in victim as another and aggressor criminal a as oneparty designated confl over the papered unambiguously oflabeling act This ict. defi to media power ofwestern the instance this In limit. offshore 200-mile the within sovereignty their extending were they that arguing fi factory and dumping waste oftoxic effects the to pointed byinterpreted the fl was what in ag- waters their through sailing tankers oil ‘tax’ to byattempting so did They economic crime also present a rich vein of evidence concerning the essential contestability of contestability essential the concerning ofevidence vein arich present also crime economic White- study. case yet another produces due to commercial exploitation by factory fi byfactory exploitation commercial to due crimes’. of‘transnational notion umbrella ofthe contestability the illustrated further itis that suggest to efforts and acrime considered James Sheptycki 54 77 78 79 81 80 82

Sea piracy offers another example of how the designation of transnational crime in in crime oftransnational designation ofhow the example another offers piracy Sea The interdisciplinary study of transnational crime offers many more examples of the ofthe examples more many offers crime oftransnational study interdisciplinary The A. Johns, Strategic Management Seeds’, in Technology Protection Copy of Use The Saving? or Seed Piracy Legitimate ‘Terminating Wijk, J.van pp. 406–408; p. 402, 2006, Press, University Cambridge Chicago Press, 2009, p. 4; L. Orsenigo, G. Dosi and M. Mazzucato, ‘The Dynamics of Knowledge M. Knowledge of Pharma- the in Mazucato Dynamics ‘The Appropriability and Regulation Mazzucato, M. and Accumulation, Dosi G. Orsenigo, L. 4; p. 2009, Press, Chicago and G. Dosi (eds), Bowling and Sheptycki, Sheptycki, and Bowling S. in McLuhan’, Marshall and Leman-Langlois Criminology ‘Technocrime, p. 257; J.Sheptycki, 4–5, nos 46, vol. (ed.), Analogy’, Analogy’, fi ‘Illegal Fukumi, S. and Constable A. Österblom, H. crime’. ized fi illegal that suggested even have scholars Some E. Nadelmann, ‘US Drug Policy: A Bad Export’, Export’, ABad Policy: Drug ‘US Nadelmann, E. Cyberspace’, Cyberspace’, of Perceptions and Metaphors Society: Feudal or Frontier Yen, A.C. ‘Western pp. 133–150; Reality’, from Threat Distinguishing Cyber-Crime: Organised ‘Transnational McCusker, R. 2012; Detica, Systems BAE and Community, and Policing for Centre Context’, aGlobal in Tourism Transplant Traffi Organ Organs: Human for Battle W. ‘The and Welmar, D. Zaitch F. Ambagtsheer, Policing (ed.), J.Sheptycki in Policing’, Transnational of Example Paradigm the from Drugs’, Again: ‘Think J. Grieve, J. Grieve, no. 3, p. 212. no. 3,p. 212. Traffi Transnational Organ of Case The Law: Traffi Criminal International and Legitimacy Crimes, ‘Stateless J.G. Francis, shing the waters. waters. the shing cking’, cking’, , London: Routledge, 2000, p. 210. 2000, Routledge, ,London: Organized Crime in the Digital Age Digital the in Crime Organized 80 Perception Piracy: The IntellectualPiracy: Wars The Property from to Gutenberg Gates Human organ traffi organ Human Criminal Law and Philosophy and Law Criminal

Berkeley Technology Law Journal Law Technology Berkeley c in Human Body Parts’, Parts’, Body Human c in , 2011, vol. 6, no. 7, ,2011, no. 6, vol. p. 261. , 2010, vol. 16, 1, no. vol. ,2010, p. 121. 78 Coastal fi Coastal states of those vessels as piracy and kidnap. In their defense, Somalis Somalis defense, their In kidnap. and piracy as vessels ofthose states Foreign Policy Foreign Global Policing Technocrime: Policing and Surveillance example. dramatic more even an is cking shermen whose livelihoods were disappearing quickly quickly disappearing were livelihoods whose shermen , 2007, vol. 162, p. 24; J. Sheptycki, ‘The “Drug War”: Learning War”: Learning “Drug ‘The J.Sheptycki, 162, p. 24; vol. ,2007, Knowledge Accumulation and Industry Evolution, Industry and Accumulation Knowledge , pp. 107–108. , 2010, vol. 4. no. 3, p. 283; G. Geis and G.C. Brown, ‘The ‘The Brown, G.C. and Geis G. 283; p. 3, no. 4. vol. 2010, , collar crime, money laundering and other forms of forms other and laundering money crime, collar 77 , London: London Metropolitan University, John Grieve Grieve John University, Metropolitan London ,London: Global Crime

, 2002, vol. 17, vol. 4,p. no. 1232. ,2002,

called ‘war on drugs’ is the most historically well- well- historically most the is drugs’ on ‘war called shing vessels fl vessels shing Journal ofJournal Justice Contemporary Criminal

shing and overfi and shing

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cial language 87 is, despite despite is, Theoretical , 2006, ,2006, ,2011, 55 , Downloaded By: 10.3.98.104 At: 07:40 29 Sep 2021; For: 9780203380277, chapter3, 10.4324/9780203380277.ch3 any superfi James Sheptycki 56 88 ‘transnational crime’, legal theory confronts the politics of law in a raw form. form. araw in oflaw politics the confronts theory legal crime’, ‘transnational like terms to itcomes when that, is here lesson clearest the perhaps so contested, essentially themselves are critically fairness to and justice like well categories do analytical would abstract But on. so and they fairness ofjustice, terms in crime, effects paradoxical have to likely is crime transnational suppress to effort transnational the in law of criminal oftransnational language implementation the the Otherwise terms. those evaluate constitute that categories central the accept practitioners legal Before noblemotive. and action protective bespeak that meanings moral bearing terms emotive other and rights, human –security, concepts other It frequently camoufl directions. is also and action certain in thought channels byaged its co- that ofmeanings structure institutionalized an It is formed. independently ideas conveys that medium notaneutral is terms allied and crime’ ‘transnational about talking for language The constructs. political and social are facts observable all that therefore, and, outcomes shape players between power relations which in games language in components always are concepts abstract outthat point theorists Critical consequences. practical have designations such because discourse legal in done itis when so especially is this and crime’, in operationalizing terms like ‘transnational crime’ and (even diffi worse) inherent are ‘transnational there shown, organized has here pursued analysis the As unwelcome. is meaning term’s ofthe parameters the about discussion theoretical any and problem areal evidently self- is criminality organized people some For terminology. the in inherent contestability the underlies ultimately and perturbing so concepts sister its and crime oftransnational study social- and realist between tension logical scientifi ofpurely matter academic adisinterestedly not been which suggests that play, at the are coming interests into being institutional of ‘transnational certain which in process crime’ ofapolicy as part an as object itcomes ably of study has and scientifi thing as ‘transnational crime’ or ‘transnational organized crime’ is not an altogether neutral label so people which that is criminal’ of‘the category the –that theorists labeling bythe established proposition now classic the However, following manifestation. their in organized and/or transnational be may activities ofthese some that and criminal, labeled rightly be may thereby and harmful are that activities human are there that doubt

D.E. Downes and P.E. Rock, and Downes D.E. Breaking, cial appearance of defi Oxford: Oxford University Press, 2007. 2007. Press, University Oxford Oxford: c decision. Formal designation as such is seldom ascientifi seldom is such as designation Formal c decision. Understanding Deviance: A Guide to the Sociology of Crime and Rule- and Crime of Sociology the to AGuide Deviance: Understanding nitional exactitude, essentially contestable. Few observers observers Few contestable. essentially exactitude, nitional constructionist points of view which makes the the makes which ofview points constructionist

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