Health and the governance of security: A tale of two systems

Journal of Law, Medicine and Ethics

Volumn 30, Issue 4, 2002, Pages 632-643

  Aral, Sevgi ^a,b   Burris, Scott ^c,d   Shearing, Clifford ^e,f  

^a Division of STD Prevention

^b WORLD HEALTH ORGANIZATION   (Switzerland)

^c TEMPLE UNIVERSITY   (United States)

^d GEORGETOWN UNIVERSITY   (United States)

^e AUSTRALIAN NATIONAL UNIVERSITY   (Australia)

^f UNIVERSITY OF THE WESTERN CAPE   (South Africa)

Author keywords

[No Author keywords available]

Indexed keywords

COMMUNITY CARE; CONFERENCE PAPER; CRIMINAL JUSTICE; DISEASE TRANSMISSION; DRUG ABUSE; ENVIRONMENTAL FACTOR; GOVERNMENT; HEALTH CARE; HEALTH CARE DELIVERY; HEALTH CARE SYSTEM; HUMAN; HUMAN IMMUNODEFICIENCY VIRUS INFECTION; INCOME; JUSTICE; LAW; LEGAL ASPECT; MANAGEMENT; MODEL; MORALITY; MORBIDITY; OFFENDER; OUTCOMES RESEARCH; POLICE; POPULATION RESEARCH; PRISON; PROSTITUTION; PUNISHMENT; RESOURCE ALLOCATION; RUSSIAN FEDERATION; SAFETY; SEXUAL BEHAVIOR; SEXUALLY TRANSMITTED DISEASE; SOCIAL ASPECT; SOCIAL CONTROL; SOCIAL STATUS; SOCIOLOGY; WASTE DISPOSAL; WELFARE; ARTICLE; CRIMINAL LAW; HUMAN RIGHTS; SUBSTANCE ABUSE;

CRIMINAL LAW; HUMAN RIGHTS; HUMANS; LOCAL GOVERNMENT; POLICE; RUSSIA; SAFETY; SEXUALLY TRANSMITTED DISEASES; SOCIAL CONDITIONS; SUBSTANCE ABUSE, INTRAVENOUS;

EID: 0036984437     PISSN: 10731105     EISSN: None     Source Type: Journal    
DOI: 10.1111/j.1748-720X.2002.tb00431.x     Document Type: Conference Paper

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33. See, e.g., S.R. Friedman, T. Perlis, and D.C. Des Jarlais, "Laws Prohibiting Over-the-Counter Syringe Sales to Injection Drug Users: Relations to Population Density, HIV Prevalence, and HIV Incidence," American Journal of Public Health, 91 (2001): 791-93; S. Koester, "Copping, Running, and Paraphernalia Laws: Contextual and Needle Risk Behavior Among Injection Drug Users in Denver," Human Organization, 53 (1994): 287-95; J.D. Rich, "High Street Prices of Syringes Correlate with Strict Syringe Possession Laws," American Journal of Drug & Alcohol Abuse, 26 (2000): 481-87; R.N. Bluthenthal et al., "Drug Paraphernalia Laws and Injection-Related Infectious Disease Risk Among Drug Injectors," Journal of Drug Issues, 29 (1999): 1-16; R.N. Bluthenthal, "Impact of Law Enforcement on Syringe Exchange Programs: A Look at Oakland and San Francisco," Medical Anthropology, 18 (1997): 61-83; S.L. Groseclose et al., "Impact of Increased Legal Access to Needles and Syringes on Practices of Injecting-Drug Users and Police Officers - Connecticut, 1992-1993," Journal of Acquired Immune Deficiency Syndromes & Human Retrovirology, 10 (1995): 82-89.
34. See, e.g., S.R. Friedman, T. Perlis, and D.C. Des Jarlais, "Laws Prohibiting Over-the-Counter Syringe Sales to Injection Drug Users: Relations to Population Density, HIV Prevalence, and HIV Incidence," American Journal of Public Health, 91 (2001): 791-93; S. Koester, "Copping, Running, and Paraphernalia Laws: Contextual and Needle Risk Behavior Among Injection Drug Users in Denver," Human Organization, 53 (1994): 287-95; J.D. Rich, "High Street Prices of Syringes Correlate with Strict Syringe Possession Laws," American Journal of Drug & Alcohol Abuse, 26 (2000): 481-87; R.N. Bluthenthal et al., "Drug Paraphernalia Laws and Injection-Related Infectious Disease Risk Among Drug Injectors," Journal of Drug Issues, 29 (1999): 1-16; R.N. Bluthenthal, "Impact of Law Enforcement on Syringe Exchange Programs: A Look at Oakland and San Francisco," Medical Anthropology, 18 (1997): 61-83; S.L. Groseclose et al., "Impact of Increased Legal Access to Needles and Syringes on Practices of Injecting-Drug Users and Police Officers - Connecticut, 1992-1993," Journal of Acquired Immune Deficiency Syndromes & Human Retrovirology, 10 (1995): 82-89.
35. See, e.g., S.R. Friedman, T. Perlis, and D.C. Des Jarlais, "Laws Prohibiting Over-the-Counter Syringe Sales to Injection Drug Users: Relations to Population Density, HIV Prevalence, and HIV Incidence," American Journal of Public Health, 91 (2001): 791-93; S. Koester, "Copping, Running, and Paraphernalia Laws: Contextual and Needle Risk Behavior Among Injection Drug Users in Denver," Human Organization, 53 (1994): 287-95; J.D. Rich, "High Street Prices of Syringes Correlate with Strict Syringe Possession Laws," American Journal of Drug & Alcohol Abuse, 26 (2000): 481-87; R.N. Bluthenthal et al., "Drug Paraphernalia Laws and Injection-Related Infectious Disease Risk Among Drug Injectors," Journal of Drug Issues, 29 (1999): 1-16; R.N. Bluthenthal, "Impact of Law Enforcement on Syringe Exchange Programs: A Look at Oakland and San Francisco," Medical Anthropology, 18 (1997): 61-83; S.L. Groseclose et al., "Impact of Increased Legal Access to Needles and Syringes on Practices of Injecting-Drug Users and Police Officers - Connecticut, 1992-1993," Journal of Acquired Immune Deficiency Syndromes & Human Retrovirology, 10 (1995): 82-89.
36. See, e.g., S.R. Friedman, T. Perlis, and D.C. Des Jarlais, "Laws Prohibiting Over-the-Counter Syringe Sales to Injection Drug Users: Relations to Population Density, HIV Prevalence, and HIV Incidence," American Journal of Public Health, 91 (2001): 791-93; S. Koester, "Copping, Running, and Paraphernalia Laws: Contextual and Needle Risk Behavior Among Injection Drug Users in Denver," Human Organization, 53 (1994): 287-95; J.D. Rich, "High Street Prices of Syringes Correlate with Strict Syringe Possession Laws," American Journal of Drug & Alcohol Abuse, 26 (2000): 481-87; R.N. Bluthenthal et al., "Drug Paraphernalia Laws and Injection-Related Infectious Disease Risk Among Drug Injectors," Journal of Drug Issues, 29 (1999): 1-16; R.N. Bluthenthal, "Impact of Law Enforcement on Syringe Exchange Programs: A Look at Oakland and San Francisco," Medical Anthropology, 18 (1997): 61-83; S.L. Groseclose et al., "Impact of Increased Legal Access to Needles and Syringes on Practices of Injecting-Drug Users and Police Officers - Connecticut, 1992-1993," Journal of Acquired Immune Deficiency Syndromes & Human Retrovirology, 10 (1995): 82-89.
37. See, e.g., S.R. Friedman, T. Perlis, and D.C. Des Jarlais, "Laws Prohibiting Over-the-Counter Syringe Sales to Injection Drug Users: Relations to Population Density, HIV Prevalence, and HIV Incidence," American Journal of Public Health, 91 (2001): 791-93; S. Koester, "Copping, Running, and Paraphernalia Laws: Contextual and Needle Risk Behavior Among Injection Drug Users in Denver," Human Organization, 53 (1994): 287-95; J.D. Rich, "High Street Prices of Syringes Correlate with Strict Syringe Possession Laws," American Journal of Drug & Alcohol Abuse, 26 (2000): 481-87; R.N. Bluthenthal et al., "Drug Paraphernalia Laws and Injection-Related Infectious Disease Risk Among Drug Injectors," Journal of Drug Issues, 29 (1999): 1-16; R.N. Bluthenthal, "Impact of Law Enforcement on Syringe Exchange Programs: A Look at Oakland and San Francisco," Medical Anthropology, 18 (1997): 61-83; S.L. Groseclose et al., "Impact of Increased Legal Access to Needles and Syringes on Practices of Injecting-Drug Users and Police Officers - Connecticut, 1992-1993," Journal of Acquired Immune Deficiency Syndromes & Human Retrovirology, 10 (1995): 82-89.
38. David Garland, The Culture of Control (Chicago: University of Chicago Press, 2001); V. Stern, A Sin Against the Future: Imprisonment in the World (New York: Penguin Books, 1998); J. Stein, The Cult of Efficiency (Toronto: Anansi, 2001).
39. David Garland, The Culture of Control (Chicago: University of Chicago Press, 2001); V. Stern, A Sin Against the Future: Imprisonment in the World (New York: Penguin Books, 1998); J. Stein, The Cult of Efficiency (Toronto: Anansi, 2001).
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45. I b i d.
46. For an overview, see H. Strang and J. Braithwaite, eds., Restorative Justice and Civil Society (Cambridge: Cambridge University Press, 2000).
47. See M. Felson and R.V. Clarke, eds., Business and Crime Prevention (New York: Criminal Justice Press, 1997).
48. For further examples, see R.V. Clarke, "Situational Crime Prevention," Crime and Justice: A Review of Research, 19 (1995): 91-150.
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50. Stern, supra note 27; Stein, supra note 27; N. Christie, Crime Control as Industry: Towards Gulags, Western Style (New York: Routledge, 1993); A. Crawford, "Community Safety and the Quest for Security: Holding Back the Dynamics of Social Exclusion," Policy Studies, 19, nos. 3 and 4 (1998): 237-53.
51. Stern, supra note 27; Stein, supra note 27; N. Christie, Crime Control as Industry: Towards Gulags, Western Style (New York: Routledge, 1993); A. Crawford, "Community Safety and the Quest for Security: Holding Back the Dynamics of Social Exclusion," Policy Studies, 19, nos. 3 and 4 (1998): 237-53.
52. D.H. Bayley and C. Shearing, "The Future of Policing," Law & Society Review, 30 (1996): 585-606.
53. See L. Johnston and C. Shearing, Governing Security (London: Routledge, 2002).
54. See, e.g., F.A. Hayek, The Fatal Conceit (Chicago: University of Chicago Press, 1988).
55. See, e.g., D. Osborne and T. Gaebler, Reinventing Government (New York: Plume, 1993).
56. E.g., id.
57. A. McGrew, "Power Shift: From National Government to Global Governance?," in D. Held, ed., A Globalising World? Culture, Economics, Politics (London: Routledge, 2000): 127-66; M. Castells, End of Millennium, vol. 5 of The Information Age: Economy, Society and Culture (Oxford: Blackwell, 1998).
58. A. McGrew, "Power Shift: From National Government to Global Governance?," in D. Held, ed., A Globalising World? Culture, Economics, Politics (London: Routledge, 2000): 127-66; M. Castells, End of Millennium, vol. 5 of The Information Age: Economy, Society and Culture (Oxford: Blackwell, 1998).
59. L. Johnston, Policing Britain: Risk, Security and Governance (Harlow, England: Ashgate, 2000); D. Bayley and C. Shearing, The New Structure of Policing: Description, Conceptualization and Research Agenda (Washington, D.C.: U.S. Department of Justice, National Institute of Justice, 2000).
60. L. Johnston, Policing Britain: Risk, Security and Governance (Harlow, England: Ashgate, 2000); D. Bayley and C. Shearing, The New Structure of Policing: Description, Conceptualization and Research Agenda (Washington, D.C.: U.S. Department of Justice, National Institute of Justice, 2000).
61. Bayley and Shearing, supra note 43; Bayley and Shearing, supra note 37.
62. I b i d.
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65. See, e.g., "Transforming Security: A South African Experiment," in H. Strang and J. Braithwaite, eds., Restorative Justice and Civil Society (Cambridge: Cambridge University Press, 2001):14-34.
66. In Zimbabwe, Hayekian concepts have been mobilized to promote systems of regulation that draw upon local knowledge and capacity. Wallop describes the effects of a system giving communities control over the local elephant population: "ownership of elephants by communities, led to [the] proliferation [of elephant populations as] ... individuals in the affected communities came to recognise that keeping an elephant alive today might well mean a better life for their families tomorrow. Villagers guard against poachers, cull elephant herds to prevent overpopulation and protect their investment in future ivory production and safari income. Zimbabwe's elephant population has grown from 30,000 to more than 70,000 over the past two decades." M. Wallop, "Privatising the Planet: An Alternative Vision of Environmental Protection," Government Union Review, 15, no. 3 (1994): 40-49, at 44.
67. For a more extensive review of this paper, see D. Roche, "Restorative Justice and the Regulatory State in South Africa," British Journal of Criminology (2002, forthcoming).
68. See Wallop, supra note 48.
69. Roche, supra note 49.
70. This data and the data presented on the Zwelethemba Model in this paper were collected and analyzed by the Community Peace Programme under the direction of Clifford Shearing.
71. B. Israel et al., "Review of Community-Based Research: Assessing Partnership Approaches to Improve Public Health," Annual Review of Public Health, 19 (1998): 173-202.
72. B.G. Link and J. Phelan, "Social Conditions as Fundamental Causes of Disease, "Journal of Health & Social Behavior, extra issue (1995): 80-94; Burris, Kawachi, and Sarat, supra note 18.
73. For a detailed discussion, see Burris, Kawachi, and Sarat, supra note 18.
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76. See J.Q. Wilson and G.L. Kelling, "The Police and Neighborhood Safety: Broken Windows," Atlantic Monthly, March 1982, at 29-38.