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Discretion and Arrest Power

by Henry Farrell on July 21, 2009

One source that may possibly help illuminate the controversy over Skip Gates’ arrest is Peter Moskos’ book, _Cop in the Hood_ (Powells, Amazon). Moskos, a sociologist, spent a year as a beat officer in Baltimore. While police practice in the US varies substantially from jurisdiction to jurisdiction, some aspects are (I suspect) reasonably general, including the use by police officers of their zone of discretion to try to expand their authority beyond that which they are theoretically supposed to exercise. Moskos (p. 117-118):

bq. A nonviolent domestic dispute serves as another example of using the law to gain extralegal authority. A woman calls police because she is sick of her baby’s father coming home and being rowdy after a night of drinking. An officer wants the drunken man to spend the night elsewhere. The girlfriend is not afraid of the man. Though the officer believes this argument will continue and perhaps turn violent, there is no cause for arrest. Police may not order a person from his or her home. But an officer can request to talk to the man outside his house. At this point the officer might say, “If you don’t take a walk, I’m going to lock you up.’ The man, though within his rights to quietly reenter his house and say goodnight to the police, is more likely to obey the officer’s request or engage the police in a loud and drunken late-night debate. The man may protest loudly that the officer has no reason to lock him up. If a crowd gathers or lights in neighboring buildings turn on, he may be arrested for disorderly conduct.

Moskos is in general in favor of police having a fair amount of discretion (he seems to believe that much basic policing work would be impossible without it) – I’m not going to get into that broad set of arguments, since I don’t know enough to say anything useful. But it is easy to see how this discretion can be abused in ways that work out nicely for the cops (most of the time), but not so nicely for their targets. Moskos’ discussion of this particular technique of generating arrests has some similarities with the actions described in the police report of Gates’ arrest.

bq. When Gates asked me a third time for my name, I explained to him that I had provided it at his request two separate times. Gates continued to yell at me. I told Gates that I was leaving his residence and that if he had any other questions regarding the matter, I would speak with him outside his residence. As I began walking through the foyer toward the front door, I could hear Gates again demanding my name. I again told Gates that I would speak with him outside. My reason for wanting to leave the residence was that Gates was yelling very loud and the acoustics of the kitchen and foyer were making it difficult for me to transmit pertinent information to ECC or other responding units.

bq. When I left the residence, I noted that there were several Cambridge and Harvard University police officers assembled on the sidewalk in front of the residence. Additionally, the caller, Ms. Walen and at least seven unidentified passers-by were looking in the direction of Gates, who had followed me outside the residence. As I descended the stairs to the sidewalk, Gates continued to yell at me, accusing me of racial bias and continued to tell me that I had not heard the last of him. Due to the tumultuous manner Gates had exhibited in his residence as well as his continued tumultuous behavior outside the residence, in view of the public, I warned Gates that he was becoming disorderly. Gates ignored my warning and continued to yell, which drew the attention both of the police officers and citizens, who appeared surprised and alarmed by Gates’ outburst. For a second time I warned Gates to calm down while I withdrew my department issued handcuffs from their carrying case. Gates again ignored my warning and continued to yell at me. It was at this time that I informed Gates that he was under arrest. I then stepped up the stairs, onto the porch and attempted to place handcuffs on Gates. Gates initially resisted my attempt to handcuff him, yelling that he was “disabled” and would fall without his cane.

Now, I should emphasize that I have no personal reason whatsoever to doubt that Crowley’s account of the arrest is accurate – it may very well be that the acoustics were such that communication was difficult indoors. I am not acquainted with the physical specifics of the building where Gates lives. It is, however, notable that Moskos’ Baltimore police officer both (a) uses a verbal invitation to induce the targeted individual to leave the building, and (b) then uses the attention of bystanders to generate a charge of disorderly conduct. Whether these resemblances are purely accidental or not (in the absence of more facts, you could generate arguments either way), I leave to the imagination of the reader.

Update: All charges against Gates have now been dropped.

Skip Gates arrested

by Henry Farrell on July 20, 2009

The Boston Globe

bq. Harvard professor Henry Louis Gates Jr., one of the nation’s pre-eminent African-American scholars, was arrested Thursday afternoon at his home by Cambridge police investigating a possible break-in. The incident raised concerns among some Harvard faculty that Gates was a victim of racial profiling. Police arrived at Gates’s Ware Street home near Harvard Square at 12:44 p.m. to question him. Gates, director of the W.E.B. Du Bois Institute for African and African American Research at Harvard, had trouble unlocking his door after it became jammed.He was booked for disorderly conduct after “exhibiting loud and tumultuous behavior,” according to a police report. Gates accused the investigating officer of being a racist and told him he had “no idea who he was messing with,” the report said.

bq. … Counter has faced a similar situation himself. The well-known neuroscience professor, who is also black, was stopped by two Harvard police officers in 2004 after being mistaken for a robbery suspect as he crossed Harvard Yard. They threatened to arrest him when he could not produce identification. That incident was among several that ignited criticism from black students and faculty, highlighting the prejudices that many black students say they continue to face at Harvard.

Meet The New Face of the Anti-Trade Agenda

by Henry Farrell on July 20, 2009

babyseal

I was talking to a friend in the trade policy world this weekend, who told me that he understands that Canada will indeed be taking a WTO action seeking remedy for the EU’s ban on the importation of seal products, imposed because of the perceived cruelty of clubbing baby seals to death so as to get their skins off intact. Apart from the innate merits of the underlying argument (which you can discuss in comments to your heart’s content), this should (unless Stephen Harper loses his job in the meantime and the new government loses interest) really, really have some interesting effects on debates over world trade and globalization. Screw the turtles – when anti-WTO protest groups are able to run full page newspaper ads with adorable baby seal cubs, they’re going to be in a truly excellent position to wage public relations war. All the more so when the Canadian counterposition (that the seals are killed humanely) turns on the legal requirement that the baby seals should have stopped blinking before the hunters start skinning them. Perhaps Stephen Harper should have applied similar attention to the current state of the Doha round – I don’t see it moving around very much at the moment, but it does still blink occasionally. I wouldn’t be surprised if this turns out to be the _coup de grace_ for trade liberalization this decade and the next (which does not, of course, mean that it would be the most important explanatory factor if trade liberalization grinds to a halt, merely one of the significant immediate causes).

Vance in the NYT

by Henry Farrell on July 17, 2009

The New York Times Magazine has a long, appreciative article on Jack Vance, which seems to me to be more or less exactly right on his virtues (his wonderful prose, most especially his characters’ ornate conversational style, which confects a froth of cupidity, _amour-propre_ and sundry other ignoble motives into spun-sugar extravagances of rococo diction), while touching on some, at least of his flaws (poor ability to plot; I would also note his difficulties in creating complex characters, especially female ones). The NYT piece has a nice illustration of the former from _Eyes of the Overworld_, describing a conversation between Cugel, whose efforts to become a vendor of purportedly magical artifacts have proved unavailing, and the far more successful proprietor of the neighboring booth, who possesses many small items of great value.

bq. “ ‘I can resolve your perplexity,’ said Fianosther. ‘Your booth occupies the site of the old gibbet, and has absorbed unlucky essences. But I thought to notice you examining the manner in which the timbers of my booth are joined. You will obtain a better view from within, but first I must shorten the chain of the captive erb which roams the premises during the night.’

bq. ‘No need,’ said Cugel. ‘My interest was cursory.’ ”

Vance’s description of the foppish Ivanello, whose facial expressions run “the somewhat limited gamut between amused indifference and easy condescension,” is shorter, but has some of the same flavor.

One topic that the piece’s author doesn’t touch on is Vance’s sociological imagination, which I’ve always admired. He has a particular interest in status relations – the society of his late novel, _Night Lamp_, where everyone strives to become members of clubs of ever-increasing exclusivity, culminating in the Clam Muffins who are at the top of the social pyramid, is described in especially droll terms. But the village in _Cugel’s Saga_, where the men sit all day on pillars to soak up the purportedly healing fluxes of the upper atmosphere, while paying assiduous attention to which of them has the highest pillar, is a very nice discussion of the relative nature of status games (Cugel discerns that they don’t pay any attention to the absolute height of their pillars and uses this to bilk them). One of the novels in the _Planet of Adventure_ series (sadly, I don’t think it is the gloriously named ‘Servants of the Wankh’) has a set-piece that anticipates Mancur Olson on the distinction between stationary and roving bandits. I’ve wanted for years to write a short piece on the sociology of Jack Vance (and now that I have tenure can perhaps do the occasional thing for pure fun). Anyone have suggestions for other sociologically rich parts of the Vance corpus?

Kicking Blair Upstairs

by Henry Farrell on July 16, 2009

So is Tony Blair officially in the running to become President of the Council of member states of the European Union (a new job, that might or might not be quite powerful, depending on who gets it, that will come into being if the Lisbon Treaty passes)? The Financial Times says yes [click to continue…]

George Scialabba Seminar

by Henry Farrell on July 9, 2009

We’ll soon be having a Crooked Timber seminar on George Scialabba’s wonderful book, “What Are Intellectuals Good For?” (Powells, Amazon). I really commend this book to CT readers – if you like the kinds of things that we talk about, you will almost certainly like this book. And if you read it, you will be You can also hear George in conversation on Chris Lydon’s Radio Open Source – his ability to speak in clear, beautifully articulated paragraphs is both frightening and awe-inspiring to the likes of myself (whose ability to respond to questions on the fly is … not quite as impressive).

What Did Happen With Political Theory?

by Henry Farrell on July 7, 2009

It sounds as though the putative efforts to remove Mary Dietz as editor have failed, and Sage has backed down. Inside Higher Ed has the details (along with some discussion of the comment thread on this blog, and the recent decision of the American Sociological Association to farm out its journals to Sage.

At the same time Sage was landing a prestigious batch of journals, it was trying to reassure political scientists who have been trying to figure out what was going on with the leadership of _Political Theory,_ a key journal in the discipline and one published by Sage. … unconfirmed reports … coup … While Sage officials insist nothing of the kind happened, and the original editor is in place, another political scientist has confirmed that he was offered and accepted the editorship, then withdrew when he learned of the controversy. While Sage officials will acknowledge only some sort of “misunderstanding,” they admit that whatever it was they were were trying to do was done without consulting the scholars on the editorial board of the journal, and they are apologizing for that. …

Jayne Marks, vice president and editorial director of Sage, said in an interview that there had been “a misunderstanding,” but that Dietz had never stopped being editor of the journal. … declined repeatedly to explain what took place, or to acknowledge that anything had happened. … Asked explicitly about how another political scientist said he signed a contract for an editorship that wasn’t apparently open, and that many political scientists were expressing concern about the lack of information, Marks repeated that everything has been “sorted out” and that she wouldn’t say more.

Daniel Davies will be moderating a salon with George Soros at FireDogLake's Book Salon tomorrow – should be fun …

The Left That Dare Not Speak Its Name

by Henry Farrell on July 7, 2009

I’m still writing a long, substantive-ish piece responding to Larry Lessig’s twin posts on the dangers of confusing socialism with collaborative stuff on the internet, but it may be no harm to try to expel the less substantive stuff from my system in the meantime. And I do have some stuff to get out. I usually like Lessig’s stuff, even when I don’t agree with it, but these two posts are a horrible, _horrible_ mess.

Post the first:

It is completely unreasonable to call [Kevin Kelly’s argument] “socialism” — at least when the behavior described is purely voluntary. It’s like saying “Because Stalin set up a competition between different collective farms, it’s not unreasonable to call that free market capitalism.” … The thing that Smith was pointing to (and Hayek too), is not “socialism.” It is not reasonably called socialism. Because “socialism” is the thing Smith was attacking in the 6th edition of his Theory of Moral Sentiments. Socialism is using the power of the state to force a result that otherwise would not have been chosen voluntarily by the people. … Coercive government action is — IMHO — a necessary condition of something being “socialism.” It isn’t sufficient — there is plenty of coercive governmental action that doesn’t qualify as socialism, like raising taxes to fund national defense, or to pay the police. … I’m not an opponent to all things plausibly called “socialist” … A graduated income tax could properly be called “socialist,” because it is coerced … But all of the examples of proper “socialism” begin with pointing to coercion by the state. A conservative Baptist church is not “socialist” when it voluntarily collects money to give to the poor, even though the result is similar to the result of a “socialist” plan to redistribute money from the rich to the poor. … sloppiness here has serious political consequences. When a founder of the movement which we all now celebrate calls this movement “socialist,” that plays right in the hand of those would attack everything this movement has built. Again, see Helprin. Or Andrew Keen.

Post the second:

There’s an interesting resistance (see the comments) to my resistance to Kevin Kelly’s description of (what others call) Web 2.0 as “socialism.” That resistance (to my resistance) convinces me my point hasn’t been made. … It is not even that never in the history of “socialism” have people so understood it (there have of course been plenty of voluntary communities that have called themselves “socialist”). Instead, my argument against Kelly was about responsibility in language: How would the words, or label, he used be understood. Not after, as I said, reading “a 3,500 word essay that redefines the term.” Rather, how would it be understood by a culture that increasingly has the attention span of 140 characters? … In reading the reactions to my argument, however, I realize that in using the term “coercion” I was committing the same error that I was accusing Kelly of making. People associate the word “coercion” with Abu Ghraib or Stalin. And certainly, the “coercion” of socialism isn’t necessarily (or even often) that. That’s fair. By “coercion” I meant simply law — that “socialism” is a system enforced by law, and enforced contrary to the way individuals would freely choose autonomously to associate. … So I didn’t mean anything necessarily negative by the term “coercion.” … Again, if you doubt that, think about American critics of “socialism”: None of them are complaining about people voluntarily choosing to associate however they choose to associate (except of course if they are gay). They are complaining about people being forced to associate in ways they don’t choose to associate.

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That’s Where I Get the Blues

by Henry Farrell on July 6, 2009

Loudon Wainwright III on Paul Krugman.

What’s up with Political Theory?

by Henry Farrell on July 2, 2009

I asked this question over at the Monkey Cage, a political science blog that I also contribute to, and was greeted with a resounding silence (political theorists perhaps being disinclined to read heavily pol-sci oriented blogs). So I’m asking it here. What exactly is happening at the journal, Political Theory? I understand that the editor, Mary Dietz, has been asked to step down, and that Mark Bevir has been asked to step in, but beyond that I know nothing – all sorts of rumours and claims of coups, decisions-by-fiat etc are swirling around at the Political Theory Rumor Mill but there isn’t much in the way of solid information. Anyone know what’s happening?

Washington Post Really Crashes and Burns Edition

by Henry Farrell on July 2, 2009

Politico

For $25,000 to $250,000, The Washington Post has offered lobbyists and association executives off-the-record, non-confrontational access to “those powerful few” — Obama administration officials, members of Congress, and — at first — even the paper’s own reporters and editors.

The astonishing offer was detailed in a flier circulated Wednesday to a health care lobbyist, who provided it to a reporter because the lobbyist said he felt it was a conflict for the paper to charge for access to, as the flier says, its “health care reporting and editorial staff.” …

“Underwriting Opportunity: An evening with the right people can alter the debate,” says the one-page flier. “Underwrite and participate in this intimate and exclusive Washington Post Salon, an off-the-record dinner and discussion at the home of CEO and Publisher Katharine Weymouth. … Bring your organization’s CEO or executive director literally to the table. Interact with key Obama administration and congressional leaders.” …

The flier says: “Spirited? Yes. Confrontational? No. The relaxed setting in the home of Katharine Weymouth assures it. What is guaranteed is a collegial evening, with Obama administration officials, Congress members, business leaders, advocacy leaders and other select minds typically on the guest list of 20 or less. …

“Offered at $25,000 per sponsor, per Salon. Maximum of two sponsors per Salon. Underwriters’ CEO or Executive Director participates in the discussion. Underwriters appreciatively acknowledged in printed invitations and at the dinner. Annual series sponsorship of 11 Salons offered at $250,000 … Hosts and Discussion Leaders … Health-care reporting and editorial staff members of The Washington Post … An exclusive opportunity to participate in the health-care reform debate among the select few who will actually get it done. … A Washington Post Salon … July 21, 2009 6:30 p.m. …

“Washington Post Salons are extensions of The Washington Post brand of journalistic inquiry into the issues, a unique opportunity for stakeholders to hear and be heard,” the flier says. “At the core is a critical topic of our day. Dinner and a volley of ideas unfold in an evening of intelligent, news-driven and off-the-record conversation. … By bringing together those powerful few in business and policy-making who are forwarding, legislating and reporting on the issues, Washington Post Salons give life to the debate. Be at this nexus of business and policy with your underwriting of Washington Post Salons.”

The Washington Post’s news division seems quite upset at the way that the event was described in the promotional materials, and has now said that it won’t be participating. But this kind of event is not unusual in Washington DC, even if the marketing isn’t usually quite as crass and direct.

Burlesquoni Rides Again!

by Henry Farrell on July 1, 2009

I’ve been a bit remiss in not covering the recent shenanigans in Italy:

Appearing on a billionaire’s luxury ship in the Bay of Naples on Monday, nine days before he hosts a Group of Eight summit, Silvio Berlusconi, Italy’s prime minister, rejected reports that his government risked falling apart over his personal life. “My government is probably the most safe and secure in the west,” he said. He specifically rejected “foreign” press reports questioning its stability in the wake of allegations by escorts that they had been paid by a businessman to attend parties at the prime minister’s residences and that one had sex with him on the night of the US elections in November.

My acquaintance with Italian society and politics is mostly second-hand these days, and Berlusconi certainly been extraordinarily good at turning bad publicity into good in the past, but I wouldn’t be surprised if this is the one that finally sinks him. Cavorting with eighteen year old starlet wannabes was probably a mild net positive for Berlusconi, allowing him to project an image of continued virility etc. Over-excited Czech prime ministers bedecked with young women at his private villa not so good – but more awkward than genuinely embarrassing. However the most recent allegation – that he had sex with a prostitute (who claims to have recorded the whole thing) seems to me to directly undermine the image that he wants to project of a debonair and charming, ladies’ man, making him sound like a bit of a loser. Certainly, Berlusconi himself seems worried.

“I have never paid a woman,” Berlusconi said in an interview with the Chi weekly owned by his Mondadori publishing empire. I’ve never understood what satisfaction there is other than that of conquering (a woman),” he told the magazine, according to excerpts sent to Reuters ahead of publication on Wednesday.

I’m predicting (cautiously, and with fingers crossed) that he will be gone within 3 months.

[As an aside, my favorite bit of the story is that the prostitute (who was allegedly paid by a businessman to attend the party), seems not to have asked Berlusconi himself for money “because she was more keen on favors to obtain building permits.”]

My somewhat grumpy post last week has turned into a much less grumpy discussion with other parties via email, and, perhaps, an actual paper sometime not too far in the future. But in the interim, I came across a really nice piece by Marion Fourcade, which says some of what I was saying, but more temperately, and with proper analysis. Key quotes:

As mainstream economics, following the lead of Gary Becker, started to venture into a number of traditionally sociological jurisdictions (such as the family, crime, or education), intellectual exchange, if not outright competition with economics, was progressively constructed as a legitimate professional goal—thereby challenging the tacit disciplinary division in effect since the time of Talcott Parsons … Indeed, the competitive origins of the “new” economic sociology are especially clear in the _rhetoric_ of a number of foundational papers and programmatic statements, all of which motivate their own enterprise by the challenge it offers to utilitarian approaches. A few illustrations will be sufficient … White’s (1981) foundational paper … Granovetter’s seminal contribution … Hirsch, Michaels, and Friedman … both editions of the _Handbook of Economic Sociology_ … The point is clear: The orientation, generally competitive and always informed, toward the most powerful social science, was a much clearer intellectual starting point than the connection to earlier forms of economic sociology.

The piece (which has a very helpful general overview of debates in economic sociology) was published by the _American Behavioral Scientist_ and is available here for those with institutional access. An ungated version should be available here, but I can’t get the link to work for me (others may perhaps have better luck) – thanks to Andrei in comments for a working link.

Lit-crit and the scientific method

by Henry Farrell on June 25, 2009

Following Michael’s pointer, I read William Deresiewicz’s piece with some interest – while I’m as happy as the next person to read good take-downs of dodgy ev-psych arguments, I found some of the claims a little … sweeping. Take, for example, the suggestion that:

Having colonized the social sciences–where it has begun to displace the view, predominant throughout the twentieth century, that the mind is a highly malleable product of culture–[Darwinian evolutionary thinking] has now set its sights on the humanities, the last area of resistance.

I’m sure that ev-psych types would _like_ this to be true1, but as a card-carrying social scientist, I have yet to be informed of the successful colonization of sociology, political science, economics and anthropology by explanations based on Darwinian theory. Nor, for that matter, did I know that economists _ever_ believed the mind to be a highly malleable product of culture.
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