The development of forensic medicine in the United Kingdom from the 18th century.

Forensic medicine in the United Kingdom includes both forensic pathology and clinical forensic medicine on the living. It began at the end of the 18th century, long after its development in Germany, Italy, France, and other countries in Europe. Initial beginnings were in Scotland, where a program began at the University of Edinburgh with the establishment of a chair in Forensic Medicine by Prof. Andrew Duncan Sr. The development in England began in London's Kings College Medical School with a chair held by Prof. William A. Guy. Later chairs in Forensic Medicine were established in Glasgow, Aberdeen, and in London, where Forensic Medicine was taught at St. Mary's Hospital Medical School, Guy's Hospital Medical School, London Hospital Medical School, Charing Cross Hospital Medical School, St. Thomas Hospital Medical School, and St. George's Hospital Medical School. In other cities in England, Wales, and Northern Ireland, departments were founded in Leeds, Manchester, Cardiff, and Belfast. Many textbooks were prepared during this time by professors from these medical schools and by others working in nonacademic areas. The development of coroner activities and those of the police surgeons is also part of the study of forensic medicine.     

Accused of an “abominable crime”: punishing homosexual blackmail threats in London, 1723–1823

Crime, Law and Social Change - For much of the eighteenth- and early nineteenth-century, the criminal justice system in the United Kingdom operated under “the Bloody Code” in which more...     

继承与超越：《贝弗里奇报告》对我国社会保障立法的借鉴与启示

《贝弗里奇报告》作为社会保障著作中的一部经典文献,其所确立的发展社会保障制度的原则及具体的制度设计不仅奠定了英国及西欧、北欧福利国家社会保障制度的基础,而且对于当下中国社会保障立法也有重要的指导作用。我们应当借鉴《贝弗里奇报告》及英国福利国家发展的经验,以《社会保险法》、《社会救助法》的形式具体贯彻并落实公民的社会保障权,确立社会保险法中的国家、社会与个人的适度责任,以保证社会保障制度的可持续发展,为中国市场经济的繁荣与和谐社会的构建提供制度支持。     

跨国企业食品安全与社会责任担当探析

从2006年美国的毒菠菜事件到2007年染毒点心事件,再纵观中国毒奶粉和肉制品食品安全事件,食品安全问题所呈现出的企业社会责任感的弱化再次引起公众的关注。企业社会责任在20世纪20年代由美国欧利文.谢尔顿首次提出。此后,美国和英国司法机构相继制定了利益相关法,以促进企业承担社会责任。本文认为,在经济全球化的背景下,跨国企业更好地承担社会责任,更好地进行法律规制,对于实现企业的长远利益具有积极的推动作用。     

REVIEWS

Road Accidents . By D. W. Elliott and Harry Street . Law and Society , a series edited by Professors O. Kahn-Freund and K. W. Wedderburn. Compensation for Road Accidents —A Study on the Question of Absolute Liability and Social Insurance. By Alexander Szakats . A Modern View of the Criminal Law . By S. W. Stewart, ll. b . Labor and the Legal Process . By Harry H. Wellington . An Introduction to Administrative Law in New Zealand . By D. E. Patterson . Bowstead on Agency . Thirteenth edition. By F. M. B. Reynolds and B. J. Davenport . An Introduction to Legal Systems . Edited by J. Duncan M. Derrett , Professor of Law in the University of London. Law and Practice Relating to Banking . Vols. 1 and 2. By F. E. Perry . Monopolies and Restrictive Practices . By Valentine Korah . Sale of Goods and Hire Purchase . By R. Lowe . Uniform Laws on International Sales Act 1967: A Commentary . By R. H. Graveson , E. J. Cohn , and Diana Graveson . The Law of Nations . By J. E. S. Fawcett . New Nations and the Law of Nations . By S. Prakash Sinha . How Nations Behave . Law and Foreign Policy . By Louis Henkin . United Nations Peacekeeping 1946–1967. Volume I: The Middle East . By Rosalyn Higgins . Jerusalem and the Holy Places . By Elihu Lauterpacht . Cases on Private International Law . By J. H. C. Morris . Facts , Failures and Frauds . By D. Morier Evans . [London: Groombridge and Sons. 1859; reprinted by Augustus M. Kelley (New York) and published in the United Kingdom by David and Charles (Newton Abbot). The Ombudsman . Edited by Donald C. Rowatt . Contract and Conveyance . By J. T. Farrand, ll. d ., Solicitor (Hons.), Professor of Law at the University of Manchester. Constitutions of Asian Countries . Prepared by the Secretariat of the Asian-African Legal Consultative Committee, New Delhi. The Roman Law Reader . Edited by F. H. Lawson . Oceana Docket Series.     

Three-dimensional computer visualization of forensic pathology data

Despite a decade of use in US courtrooms, it is only recently that forensic computer animations have become an increasingly important form of communication in legal spheres within the United Kingdom. Aims Research at the University of Nottingham has been influential in the critical investigation of forensic computer graphics reconstruction methodologies and techniques and in raising the profile of this novel form of data visualization within the United Kingdom. The case study presented demonstrates research undertaken by Aims Research and the Department of Forensic Pathology at the University of Sheffield, which aims to apply, evaluate, and develop novel 3-dimensional computer graphics (CG) visualization and virtual reality (VR) techniques in the presentation and investigation of forensic information concerning the human body. The inclusion of such visualizations within other CG or VR environments may ultimately provide the potential for alternative exploratory directions, processes, and results within forensic pathology investigations.     

Burying Bell: Managing the Judicialisation of Social Security Tribunals

The Social Security Act 1998 introduced fundamental changes to the tribunal system for hearing appeal claims in respect of benefits. This article examines the reasons for these changes to the largest tribunal system in the United Kingdom, and their implications for claimants. It emphasises the increasing legalism and approximation to ordinary courts of these tribunals. In particular, the article considers the implications of the reduction of lay membership of tribunals and the threats posed to the traditional inquisitorial approach.     

贯彻司法为民 彰显人文关怀——关于刑事被害人救助制度若干问题研究

现代刑事被害人国家救助制度源于英国，是体现司法人文关怀的一项重要措施。在我国，现代意义上的刑事被害人救助制度肇始2004年，2009正式建立。随着实践的发展，司法实务部门和理论界对刑事被害人救助制度的研究也不断深入，取得了不少可喜的成果，对一些重大问题的认识也渐趋统一，但对我国刑事被害人救助制度究竟应当如何定位，也就是说我国刑事被害人救助制度的法律属性是什么，还需要进一步明确。作为一项新生事物，我国经济、社会发展的实际情况决定了刑事被害人救助制度在我国的发展必然是一个渐进的过程，短期内不可能期望该制度全面解决刑事被害人所面临的各种困难，因此必须要将刑事被害人救助制度与现行的其他制度结合起来，形成一整套刑事被害人保障机制。     

An Analysis of the Role of NGOs in the WTO

It seems that the WTO Secretariat has offered some room forNGOs to participate in both the policymaking and the disputesettlement in the WTO. The note points out the structural weaknessesin the ability of NGOs to do so. Following Richard Shell’s"The Trade Stakeholders Model", this note offers suggestionsfor making NGOs participation more meaningful so as to protecttheir interests. Footnotes ^*LL.B of Law School, Xiamen University, China; LL.M of Law School,Hull University, United Kingdom     

Prosecuting and Defending Diplomats as War Criminals: Ribbentrop at the Nuremberg Trials

This article considers the question of holding foreign ministers responsible for war crimes. A recent decision by the International Court of Justice, the Arrest Warrant case, Congo v Belgium, appears to have diluted the developing international customary rule that suspends immunity when a grave international crime has been committed. This article suggests that the Nuremberg International Military Tribunal decision in the Ribbentrop Case constitutes a precedent for how international criminal law should interpret the nature and scope of the immunity for foreign ministers. As a successful prosecution of Hitler’s former foreign minister, it is remarkable how little attention has been paid to this aspect of the Ribbentrop Case given that it was a path-breaking decision. For that reason, the present article is a case study of this example where prosecutors at an international criminal tribunal were able to successfully prosecute a foreign minister in a manner that may, therefore, still prove instructive given the existing legal position following the Arrest Warrant Case. The article considers in detail how Ribbentrop’s defence lawyers constructed a series of arguments that the prosecution were, however, largely able to demolish through resort to a variety of strategies. Dr Michael Salter is Professor of Law at the Lancashire Law School, University of Central Lancashire, United Kingdom; Dr Lorie Charlesworth is Senior Lecturer at the Law School, Liverpool John Moores University, United Kingdom.     

声誉商标问题研究——兼评欧盟法院第C-252/07号初步裁定

因特尔公司是在英国注册的国内文字商标“INTEL”的持有者,认为英国CPM有限责任公司在英国注册的“INTELMARK”国内文字商标的使用将不公平地利用在先商标的显著性、声誉或者对该显著性或声誉产生有害的影响,亦或可能达到这样的程度.因特尔公司请求英国注册商标局宣告“INTELMARK”商标无效.欧盟法院做出初步裁定,认定“INTELMARK”商标的使用不足以构成对“INTEL”损害.     

Inching toward incrementalism: federalism, devolution, and health policy in the United States and the United Kingdom

In the United States, the recently enacted Patient Protection and Affordable Care Act of 2010 envisions a significant increase in federal oversight over the nation's health care system. At the same time, however, the legislation requires the states to play key roles in every aspect of the reform agenda (such as expanding Medicaid programs, creating insurance exchanges, and working with providers on delivery system reforms). The complicated intergovernmental partnerships that govern the nation's fragmented and decentralized system are likely to continue, albeit with greater federal oversight and control. But what about intergovernmental relations in the United Kingdom? What impact did the formal devolution of power in 1999 to Scotland, Wales, and Northern Ireland have on health policy in those nations, and in the United Kingdom more generally? Has devolution begun a political process in which health policy in the United Kingdom will, over time, become increasingly decentralized and fragmented, or will this "state of unions" retain its long-standing reputation as perhaps the most centralized of the European nations? In this article, we explore the federalist and intergovernmental implications of recent reforms in the United States and the United Kingdom, and we put forward the argument that political fragmentation (long-standing in the United States and just emerging in the United Kingdom) produces new intergovernmental partnerships that, in turn, produce incremental growth in overall government involvement in the health care arena. This is the impact of what can be called catalytic federalism.     

Does racism affect health? Evidence from the United States and the United Kingdom

Blacks have worse overall health than whites in both the United States and the United Kingdom. However, the relative difference in health between the two groups within each cultural context differs between each context. In this article, we attempt to glean insights into these health disparities. We do so by first examining what is currently known about differences in morbidity and mortality for blacks and whites in the United States and the United Kingdom. We then turn to medical examination data by race and country of birth in an attempt to further untangle the complex interplay of socioeconomic status (SES), race, and racism as determinants of health in the United States and the United Kingdom. We find that (1) longer exposure of blacks to the recipient country is a risk for mortality in the United States but not in the United Kingdom; (2) adjustment for SES matters a good deal for mortality in the United States, but less so in the United Kingdom; (3) morbidity indicators do not paint a clear picture of black disadvantage relative to whites in either context; and (4) were one to consider medical examination data alone, differences between the two groups exist only in the United States. Taken together, we conclude that it is possible that the "less racist" United Kingdom provides a healthier environment for blacks than the United States. However, there remain many mysteries that escape simple explanation. Our findings raise more questions than they answer, and the health risks and health status of blacks in the United States are much more complex than previously thought.     

Ranking of United Kingdom Law Journals: An Analysis of the Research Assessment Exercise 2001 Submissions and Results

Notwithstanding the Chancellor of the Exchequer's announcement in the 2006 Budget that, after the 2008 Research Assessment Exercise ('RAE 2008'), it is the government's firm presumption that the system for assessing research quality and allocating quality-related funding to United Kingdom universities will be mainly metrics based, RAE 2008 is vitually certain to proceed and to have considerable significance for legal research in the United Kingdom. In this rapidly developing and controversial context, this paper uses statistical analysis of the data from RAE 2001 to construct a series of metrics-based rankings which, when taken together, provide a reliable and coherent ranking of leading United Kingdom law journals.     

Contrasting Strategies within the War Crimes Trials of Kesselring and Wolff

This article compares the different ways in which, during the post-war decades, the Allied war crimes trials programme responded to the war criminality of two prominent German officials: Field Marshal Albert Kesselring and SS General Karl Wolff. It explores the question of why Wolff, whose complicity was arguably much greater than that of Kesselring, received more favourable treatment, and the role of various political and geo-political factors, including those influencing the interventions of US intelligence officials, as explanations for this apparent legal discrepancy. Dr. Kerstin von Lingen is a researcher at the Centre for Studies on Experiences in War (SFB 437 “Kriegserfahrungen”) at Tubingen University, Germany; Dr. Michael Salter is Professor of Law at The Law School, University of Central Lancashire, United Kingdom.     

American social work, corrections and restorative justice: an appraisal

Social work played an active role in American corrections until the 1980s when the ethic of rehabilitation began to give way to a more conservative doctrine of retribution. Changes in the field of social work, characterized by preference of social workers to work only with certain populations, contributed to social work's diminishment in corrections. Although efforts at rehabilitation continue in corrections, the concept of restorative justice that emphasizes assisting victims, communities, and offenders in dealing with the consequences of crime is gaining acceptance in the field of corrections in the United States and in other countries. This study explored social work's presence in corrections, the decline of that presence, and how the concept of restorative justice can invigorate social work within the field of corrections. Several examples of social work's contemporary efforts to use the concept of restorative justice in the United Kingdom are presented.     

An Exploration of the Historical Background of Criminal Record Checking in the United Kingdom: From the Eighteenth to the Twenty-First Century

Potentially preventable crimes resulting from failures in criminal record checking and recording emerged as problematic in the eighteenth century and have continued up until the present day. Ranging from child abuse to murders, reports suggest that if criminal records had been evident, in some cases unlawful acts may have been prohibited. The historical background to the emergence of criminal record collection and checking in the United Kingdom (UK) is analysed from the mid-eighteenth century. This time period is chosen because it marks a pivotal change in the treatment of criminals, crimes and the start of the policing system in the United Kingdom. As a result of growing societal concerns over public safety and changes in the legal system, the approach in which criminal records have been utilised in employment decision-making has evolved most rapidly in the late twentieth and early twenty-first centuries. The recording, storing and sharing of criminal record information has received most attention only in the past decade. Developments in recruitment-vetting procedures for the protection of vulnerable persons have only emerged in the last 50 years to manage such crimes in the United Kingdom. In 2002 the Criminal Records Bureau (CRB) was established in the United Kingdom to ensure safer recruitment decisions could be made in society. However, the question remains whether or not these practices have been and are effective.     

Risk,response, and mental health policy: learning from the experience of the United Kingdom

Policy makers in the United States and the United Kingdom recognize that mentally disordered offenders present special challenges to law enforcement, mental health, and social service systems, as well as the community. Although various policy initiatives have advanced over the past twenty years to improve the management of mentally disordered offenders, mental health policy has chronically failed in both countries. Because safety concerns have emerged as the mental health system has been "deinstitutionalized," debate is growing about whether the community-care approach works-for the community. This study argues that mental health policy fails because policy makers focus on the wrong risks and design policies that manage these risks in ways that increase the possibility of adverse clinical and economic outcomes. The argument made here uses the case of persons with severe mental illness in the United Kingdom as an example of the complex relationship between risk and policy making in democratic governance. Emphasis is on the nature of risk in mental health policy and how government responds to policy and political risks. Mental health policy in Britain is then analyzed in terms of its response to and management of risks. Mental health policy has historically mismanaged the risk issue in the United Kingdom and as such has set in motion the growing community-care backlash. The path to a better outcome lies in the responsible management of the right risks. Lessons from the United Kingdom experience can be usefully applied to mental health issues in many industrial democracies.     

The future of informed consent in British common law

Within the common law world, the use of the term informed consent implies the American doctrine. Informed consent as a doctrine is not part of the law in the United Kingdom. However, it is possible to predict a way forward in disclosure cases yet to be heard in the courts of the United Kingdom. These predictions are based on current developments in the common law in the United Kingdom as well as those in Canada and Australia, on the European Convention on Human Rights and Biomedicine and on trends within the medical profession itself in the light of the Bolam test.     

论非法证据排除规则的两种立法模式

本文通过对英美两国有关非法证据排除规则的发展历史及其具体法律规定的考察,归纳出非法证据排除规则的两种立法模式:强制排除模式和裁量排除模式,并在总结其他国家的立法经验和教训的基础上,提出在我国确立非法证据排除规则应采取裁量排除的立法模式.