{"title":"Savages Have No Crime!","authors":"I. Niehaus","doi":"10.3167/jla.2021.050106","DOIUrl":"https://doi.org/10.3167/jla.2021.050106","url":null,"abstract":"During 1931, Alfred Radcliffe-Brown gave a popular talk at Columbia University in New York. He maintained that, unlike in the West, savage societies – a term commonly used at the time – had no criminal class and had succeeded in enforcing conformity to social norms. In this article, I suggest that, despite its defects, the talk highlights central themes in Radcliffe-Brown’s thinking about conformity, social sanctions and the law. Drawing on archival sources and on published material, I show how during fieldwork he observed the brutalities of colonial rule in the Andaman Islands, Western Australia and South Africa. I suggest that a critical awareness of how colonial law served as an ally of conquest forms an important sub-text in Radcliffe-Brown’s writing on the effective manner in which Andaman Islanders maintained social order, Indigenous Australians settled disputes and African courts operated. His comparative, sociological approach, which was implicitly critical of Western societies, was a vital influence in the emergence of law as a topic of anthropological enquiry.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"90 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79406148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Surveillance, Discipline and Care","authors":"J. Stadler","doi":"10.3167/jla.2021.050103","DOIUrl":"https://doi.org/10.3167/jla.2021.050103","url":null,"abstract":"Concerns about medical non-compliance have generated interest in the potential of remote, digital reminder and surveillance technologies. Amidst a devastating HIV/AIDS epidemic and outbreaks of drug-resistant tuberculosis (TB), compliance technologies are touted by developers and medical researchers as a solution to the ‘problem of non-compliance’. The appeal lies in the prospect of fashioning disciplined bodies, but at the cost of sacrificing the intimacy of care for technical expediency. Despite the growing popularity in global medicine to account for disease in terms of the ‘social determinants of health’, digital medical technologies reproduce discourses of health as an individual responsibility. I conducted research in a TB clinic in South Africa that experimented with an electronic reminder and monitoring device that sought to improve compliance to a new regimen of drugs for TB prevention. I found that patients embraced the apparatus through local framings of TB, and deployed it in their everyday struggles for care.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74604285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Tax Compliance Dancing","authors":"Lotta Björklund Larsen, Benedicte Brøgger","doi":"10.3167/jla.2021.050104","DOIUrl":"https://doi.org/10.3167/jla.2021.050104","url":null,"abstract":"Taxation is central to the financing of most states, and monitoring that taxpayers comply with laws and regulations is a correspondingly important government activity. Governments have many ways to design tax systems, and no two national tax systems are the same. Hence, compliance strategies differ and so do outcomes. Complying with tax laws, beyond the fiscal aim of contributing revenue to a state, is multifaceted in a globalized world. Tax administrations struggle to control large multinational enterprises’ (MNEs) tax planning, avoidance and general evasion, whereas MNEs grapple with the problem of having to comply with widely divergent national tax systems. As a response, tax administrations, through membership organisations such as the OECD, invent forms of collaboration between tax administrations and MNEs—all with the goal of increasing tax compliance. One way they do this is through the co-operative compliance model. Here, we compare two compliance projects, based on this model, in Norway and Sweden to shed more light on what tax compliance is in practice. We elaborate on Valerie Braithwaite’s seminal concept of tax compliance as a ‘dance’ between tax administrations and taxpayers. In so doing we underline the significance of paying attention to conceptions of time and space as critical elements of creating compliance in practice between tax administrations and MNEs.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77978563","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Good People Doing Bad Things","authors":"S. Sampson","doi":"10.3167/jla.2021.050105","DOIUrl":"https://doi.org/10.3167/jla.2021.050105","url":null,"abstract":"Nearly all major corporations and many public agencies have established ethics and compliance departments, some of them as the result of penalties imposed by the US Department of Justice, others due to embarrassing scandals. The responsibilities of these departments range from inculcating codes of conduct and preventing bribery, to impeding litigation for harassment and bribes, or ensuring that government certifications and branch standards are followed. For the compliance officer, ethics breaches are not due to unethical persons, but inadequate compliance training. This article, based on fieldwork in compliance training conferences, anti-corruption events and readings of ethics and compliance manuals, describes how a ‘culture of compliance’ is pursued in organisations. In the wake of continuing ethics breaches, are these regimes genuine efforts to ‘do the right thing’, or simply a façade to improve firms’ reputations? Compliance can be both real and fake, and the compliance function must ensure where the latter is authentic and where it can be ignored.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80931969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"‘We Are Poor, So We Keep Quiet’","authors":"A. Berglund","doi":"10.3167/jla.2021.050102","DOIUrl":"https://doi.org/10.3167/jla.2021.050102","url":null,"abstract":"Since 2006, the Rwandan government has been implementing policies to modernise the agricultural sector in a top-down manner. Small-scale subsistence farmers, making up the vast majority of Rwandans, are compelled to leave their traditional farming behind, form co-operatives and take up ‘modern’ farming techniques based on irrigation and state-approved crops. For my interlocutors in a Rwandan village, this policy resulted in reduced crop yields, difficulties in putting food on the table and a visible degradation of their lives. Yet people complied. They did not rise up in protest. They sought to meet the authorities’ demands. Although ‘government authoritarianism’ explains much of the lack of open resistance, Rwandans had their own ideas, values and practices which at times overlapped with oppressive state projects and ended up supporting the state’s agricultural modernization scheme. Here, compliance is part of how villagers wanted to project themselves to others and to themselves and how they pursued their aspirations for the future.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82272426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Response to my critics","authors":"E. Hertz","doi":"10.3167/jla.2020.040210","DOIUrl":"https://doi.org/10.3167/jla.2020.040210","url":null,"abstract":"Anna Beckers and Ioannis Kampourakis have formulated sophisticated critiques of ‘The Great Shell Game’, and I have learned a great deal from this exchange. Some of their criticism can be answered by clarifying the terms of the debate, which I do briefly below. I wish, however, to maintain the general thrust of my argument, and even to double down. With my title, I make an analogy between CSR and the confidence trick played by street operators who move pennies quickly between plastic cups and ask the assembled crowd to bet on where they end up. This game depends on skill but also on fraud, the operator working with a shill to mislead the audience. I suggest that as academics we must make sure that our sophistication does not place us in the role of the shill—preventing the public from noticing that corporations pocket the pennies.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75123414","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Everyday Suffering and the Abstract Time-Reckoning of Law","authors":"David Loher","doi":"10.3167/jla.2020.040202","DOIUrl":"https://doi.org/10.3167/jla.2020.040202","url":null,"abstract":"How does time structure the allocation of responsibility in the context of large-scale corporate crimes? Focusing on the Processo Eternit – a criminal case brought against the former main investor in Europe’s largest asbestos-processing factory in Casale Monferrato (Italy) – this article compares the temporal order of the lived experience of the asbestos disaster in the affected community with the abstract time-reckoning of law. The everyday suffering in the form of the long-term health effects, inscribed in the body through the asbestos fibre, collides with the statute of limitation of the alleged crimes, as stipulated in law and endorsed in the court room. It examines how these incommensurable temporalities reconfigure the allocation of moral and legal responsibility for an industrial disaster and shows how these contradictions are related to the victims’ expectations of justice and their experience of injustice.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82518616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Corporate Social Responsibility","authors":"E. Hertz","doi":"10.3167/jla.2020.040207","DOIUrl":"https://doi.org/10.3167/jla.2020.040207","url":null,"abstract":"‘The business of business is business,’ Milton Friedman, a leading figure of the Chicago School of economic thought, famously declaimed. In his 1970 article, ‘The Social Responsibility of Business Is to Increase Its Profits’, he argued that corporate managers who factor social and environmental considerations into their decision-making are, in effect, ‘imposing taxes . . . and deciding how the tax proceeds shall be spent’. By deviating from their organizational duties—maximizing profits for the companies that employ them—they are appropriating money owed to shareholders and allocating it to broader social causes, a function that resembles government. Friedman objects to this behavior not on economic or legal but on political grounds: managers have not been elected and there are no principled procedures for determining which causes to support beyond ‘general exhortations from on high’ (Friedman 1970: 17). He also expresses scepticism about ‘hypocritical window-dressing’, concluding: ‘our institutions, and the attitudes of the public make it in their self-interest to cloak their actions in this way’ (Friedman 1970: 17).","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79646687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal responsibility in an entangled world","authors":"J. Eckert, L. Knöpfel","doi":"10.3167/jla.2020.040201","DOIUrl":"https://doi.org/10.3167/jla.2020.040201","url":null,"abstract":"Responsibility and accountability in entangled global relations are negotiated across jurisdictional boundaries, localities and scales of legality. In this special issue, we trace struggles for corporate accountability from extraction sites in Ecuador, Colombia and Peru to an abandoned asbestos factory in Italy. We enquire into the gap between the legal institutions which govern attributions of responsibility in procedural, tort and corporate laws, lived experiences of harm connected to transnational business activities and moral expectations of responsibility in global relations. In the struggles for justice discussed in this special issue, we detect potential ways of rethinking ascriptions of responsibility to reflect the deep entanglements of our economies.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88182105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"CSR Practices and the Political Corporation in Law","authors":"Anna Beckers","doi":"10.3167/jla.2020.040209","DOIUrl":"https://doi.org/10.3167/jla.2020.040209","url":null,"abstract":"In her article ‘Corporate Social Responsibility: The Great Shell Game’, Ellen Hertz suggests that there is an inherent danger of corporate social responsibility (CSR) to obscure the public/private divide. By means of strategically engaging with public interests, corporate CSR practices – that according to Hertz are practices deriving from the market – are able ‘to preempt and discredit attempts to define and carry out policies designed to protect the broader public interest’. CSR should be seen as ‘remediation at best’ that ideally needs to be replaced by ‘rules for business’ created by ‘the public’ and not those created by companies themselves.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"35 1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89004077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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