When Guenther Jakobs introduced the concept of “enemy criminal law” (Feindstrafrecht), or enemy penology, into the legal debate, this was due to a concern with the increasingly anticipatory nature of criminalization in German legislation in the last decades of the 20th century. Against the backdrop of a series of terror attacks in the West and the ensuing debates on how to deal with the dangers and threats of the new millennium, Jakobs’s theory gained new momentum in Germany’s public discourse and beyond. As it seems, the author himself turned the concept into a device for political intervention, declaring the notion of the enemy as indispensable for dealing with certain extreme crimes and notorious offenders, not only to prevent future crime and avert harm from society but also, and most notably, to preserve the established “citizen criminal law” (Bürgerstrafrecht): the enemy is the one to be isolated and excluded from the system. Enemy criminal law may be a peculiar legal concept. The logic of enemy penology, however, leads us to some more fundamental insights into the conundrums of liberal political thinking and attendant legal conceptions. It requires us to think about the enemy as a liminal figure that points to the preconditions and the paradoxes of our legal system. The history of criminology attests to the discipline’s struggle with penal law’s inherent limitations. And if we live today in times where exception and rule, internal security and external security, and military and police concerns increasingly overlap and intermingle in the face of ever new threats, the notion of enemy penology helps us to critically reflect on the mechanisms that drive these transformations.
Charles W. Choi
An intergroup perspective in the legal context highlights the influence of group membership on the interaction between authorities and citizens. Social identity influences communication both in the field (e.g., police–civilian) and in the courtroom (e.g., juror deliberation). The research in the law enforcement context addresses trust in police officers, the communication accommodation between police and civilians, sociodemographic stereotypes impacting police–civilian encounters, the role of police media portrayals, and its influence on intergroup exchanges between police and civilians. Juries are inextricably influenced by group membership cues (e.g., race and gender), and differentiate those in the ingroup over the outgroup. The impact of stereotypes and intergroup bias is evident in the literature on jury decisions and the severity of punitive sentencing. These and other factors make the intergroup nature of the legal context significant, and they determine the interconnection between the parties involved. Specifically, the social identity approach brings focus to the biases, attributions, and overall evaluations of the perceived outgroup. The research indicates that diversity is necessary to alleviate the intergroup mindset, thereby encouraging a more interindividual viewpoint of those outgroup members.
Elisabeth Prügl and Hayley Anna Thompson
Feminism seeks to establish educational and professional opportunities for women that are equal to such opportunities for men. Until now, women face serious inequalities based on social institutions such as norms, cultural traditions, and informal family laws. Scholars argue that this aspect has so far been neglected in international policy debates, and that there needs to be further discussion about the economic status of women (labor force participation); women’s access to resources, such as education (literacy) or heath (life expectancy); and the political empowerment of women (women in ministerial positions). In some instances, social norms such as female genital mutilation or any other type of violence against women–within or outside of the household–not only violate women’s basic human rights, but seriously impair their health status and future chances in a professional career. Gender stereotypes are also frequently brought up as one disadvantage to women during the hiring process, and as one explanation of the lack of women in key organizational positions. Liberal feminist theory states that due to these systemic factors of oppression and discrimination, women are often deprived of equal work experiences because they are not provided equal opportunities on the basis of legal rights. Liberal feminists further propose that an end needs to be put to gender discrimination through legal means, leading to equality and major economic redistributions.
Lee E. Ross
Critical race theory (CRT) concerns the study and transformation of relationships among race, (ethnicity), racism, and power. For many scholars, CRT is a theoretical and interpretative lens that analyzes the appearance of race and racism within institutions and across literature, film, art, and other forms of social media. Unlike traditional civil rights approaches that embraced incrementalism and systematic progress, CRT questioned the very foundations of the legal order. Since the 1980s, various disciplines have relied on this theory—most notably the fields of education, history, legal studies, feminist studies, political science, psychology, sociology, and criminal justice—to address the dynamics and challenges of racism in American society. While earlier narratives may have exclusively characterized the plight of African Americans against institutional power structures, later research has advocated the importance of understanding and highlighting the narratives of all people of color. Moreover, the theoretical lenses of CRT have broadened its spectrum to include frameworks that capture the struggles and experiences of Latinx, Asian, and Native Americans as well. Taken collectively, these can be regarded as critical race studies. Each framework relies heavily on certain principles of CRT, exposing the easily obscured and often racialized power structures of American society. Included among these principles (and related tenets) is white supremacy, white privilege, interest convergence, legal indeterminacy, intersectionality, and storytelling, among others. An examination of each framework reveals its remarkable potential to inform and facilitate an understanding of racialized practices within and across American power structures and institutions, including education, employment, the legal system, housing, and health care.