The legitimization and institutionalization of ‘parental alienation’ in the Province of Quebec

ABSTRACT

This article examines the legitimization and institutionalization of ‘parental alienation’ discourse in the Province of Quebec, Canada. It draws upon an analysis of 31 documents (legislation, research reports and articles, training documents, professional documents and media articles) and interviews with 13 key informants, who were selected based on their knowledge of ‘parental alienation’ in research, policies or practices. The research findings reveal that the legitimization and institutionalization of ‘parental alienation’ discourse is a more recent process than in other provinces and countries, but that it has now permeated child custody as well as child protection proceedings. Academic researchers and media have been instrumental in this legitimization and institutionalization process, while the role played by changes to child protection policies is more ambiguous. The findings reveal researchers’ and experts’ tendency to distance themselves from Gardner’s controversial work on ‘parental alienation syndrome’ and to address the critiques by proposing new approaches and new concepts. However, the terms ‘parental alienation syndrome’, ‘parental alienation’ and ‘alienating behaviours’ are often used interchangeably, and assessment practices tend to rely on similar indicators.     

Gendering the Legal Complex: Women in Sri Lanka's Legal Profession

Drawing upon feminist standpoint theory and interviews with pioneering women lawyers in Sri Lanka, I argue for a focus on women as a distinct category in ‘legal complex theory’. I consider the following questions in making this claim. What were the internal structures of the legal profession that the older generations of women lawyers encountered as they entered the profession and as they took up positions of leadership? In what ways, if at all, was the ‘culture(s)’ within the profession patriarchal? In what ways, if any, did the entry and advancement of women impact these internal structures of the profession and its culture(s)? And what can we learn from these experiences in predicting the future trajectory of the legal profession? The analytical expansion that I propose reveals gender-based dynamics within the legal complex, such as gender-stereotyped perceptions about women lawyers within the profession, the ‘feminization’ of the profession, and ‘gender segmentation’ within its different spheres.     

The devolution era in Northern Ireland

By creating ‘outsiders’ … labelling invariably gives rise to repeat interventions of increasing intensity that … ultimately establish, consolidate, and/or confirm offender ‘identities’. Such ‘identities’ attract further intervention and/or negative reaction and so the process continues.

(Goldson, 2010)

As the above quote attests, labelling theorists recognise the harmful impact of formal system contact on the individual and contend that problems occur when members of society become intolerant towards the individual's offending, forming a ‘negative social reaction’, invoking damaging consequences for the ‘offender’ (ibid).     

Constitutional Balance in the EU after the Euro‐Crisis

This article analyses how the European Union's response to the euro‐crisis has altered the constitutional balance upon which its stability is based. It argues that the stability and legitimacy of any political system requires the structural incorporation of individual and political self‐determination. In the context of the EU, this requirement is met through the idea of constitutional balance, with ‘substantive’, ‘institutional’ and ‘spatial’ dimensions. Analysing reforms to EU law and institutional structure in the wake of the crisis – such as the establishment of the ESM, the growing influence of the European Council and the creation of a stand‐alone Fiscal Compact – it is argued that recent reforms are likely to have a lasting impact on the ability of the EU to mediate conflicting interests in all three areas. By undermining its constitutional balance, the response to the crisis is likely to dampen the long‐term stability and legitimacy of the EU project.     

Mental health issues and the Canadian criminal justice system**

The critics assert that a significant proportion of incarcerated individuals suffers from mental health issues, i.e. ‘the criminalization hypothesis.’ The current paper reviews the scholarly literature to address five interrelated questions: (1) What are the risks of those classified as mentally ill for committing crimes and, in particular, violent crimes? (2) As the gatekeepers to the criminal justice system, what happens during ‘first encounters’ between the police with those who have mental illnesses? (3) What community-based services are available for effective diversions as an alternative to incarceration for those with mental illnesses? (4) What are the impacts of treatment options upon those experiencing mental illnesses while incarcerated, including the impact upon recidivism? (5) What types of pre-release planning and community responses have the most positive effects to help reduce recidivism and assist offenders in coping with mental health issues in the Canadian context? After summarizing key evidence pertaining to these questions, the paper presents case studies as exemplars of ‘best practices’ to illustrate promising directions conducive to integrated, holistic, and effective responses at the intersection of the criminal justice and mental health systems.     

Swapping Carrots for Sticks: Forensic science provider views of the Forensic Regulator Act 2021

In April 2021, the Forensic Science Regulator Act 2021 received Royal Assent, providing new statutory powers for the Forensic Science Regulator (FSR) of England and Wales. These powers are intended to enable the FSR to compel forensic science providers (FSPs) comply with quality standard requirements. The FSR has until now relied upon ‘soft power’ and arguments of benefits to be gained if FSPs achieve accreditation and adhere to the Code of Practice. Reaching the limits of persuasive powers, the FSR Act now introduces powers to penalise FSPs who remain unaccredited or fall below published standards. To gauge the potential impact, forensic scientists were asked to anticipate effects of the Act. Practitioners indicated that the new statutory powers could instil a sense of urgency among police force forensic science units in particular, in prioritising quality and investing in accreditation. However, there are significant capacity limitations which may hamper more widespread and sustainable change, such as financial pressures faced by FSPs, as well as resource constraints within the FSR role. Changing from a regulatory approach focussed upon voluntary cooperation, support and encouraging intrinsic motivations (i.e ‘carrots’), for one reliant upon deterrence in the forms of threats of sanctions and punishment (‘sticks’), could prevent real improvements in quality and undermine the achievement of regulatory aims. The FSR Act is unable to address problems with forensic science provision, that militate against the quality of forensic science services. Thus, benefits accrued from swapping carrots for sticks may be illusory and may ultimately prove counterproductive.     

Beyond the Real and the Paper Deal: The Quest for Contextual Coherence in Contractual Interpretation

Contract lawyers are often divided between two schools of thought: formalism and contextualism. In the realm of contractual interpretation, this division illuminates various debates surrounding the modern contextual approach. Ultimately, however, the divide between the ‘real and the paper deal’ does not fully reflect the relevant fault lines. The real contest is between rival interpretations attempting to make the most coherent sense of the available text and context surrounding the document. In characterising the true nature of the exercise, I draw upon theories of coherence to articulate a framework of ‘contextual coherence’ that involves concepts of competing narratives, the rational motivations of the parties, and the need for a holistic assessment of the best hypothesis, in accordance with the English courts’ ‘iterative approach’ to interpretation. I demonstrate that this framework enables us to explain and evaluate recent cases such as the UK Supreme Court decision of Arnold v Britton.     

The Zong in the Context of the Eighteenth-Century Slave Trade

This contribution places the Zong tragedy in the wider context of the eighteenth-century Atlantic slave trade, a global business venture which from 1750 to 1807 was dominated by British ships. Evidence for ‘jettison’ within the British slave trade is examined, and the uniqueness of this aspect of the Zong case is emphasised. Attention is given to the role of the Zong hearings of 1783 in bringing together individuals who would go on to play a leading role in the British anti-slavery movement, established in 1787. Finally, this article examines the impact of the Zong incident upon eighteenth-century maritime insurance law relating to ‘human cargoes’, and on the passage of the ‘Dolben Act’ (the first Act to regulate British slave shipping) in 1788.     

The art of law (and the law of art) is perpetual crisis

In this performance-based work, which essentially concerns the fable of ‘Khi + Ordo’, we obliquely—through visual-textual storytelling—focus on what we call ‘the agency of the artist-scholar’, deconstructing, inter alia, many of the rules and regulations associated with the art-academic industrial complex—i.e., the institutional dictates to produce commodifiable works, the enforced metrics associated with authorised forms of research and publication, and the often-inelegant and mostly unnecessary dance that the artist-scholar performs with ‘all of that’. The photo-essay is developed from the archive of the Out of India Collective (OOI), but in association with the Metropolitan Transmedia Authority (MTA), its successor collective. It draws upon documents associated with OOI experiments in transmedia undertaken across multiple submissions for residencies, exhibitions, and publications in both academia and the art world in the years 2017–2019, even as it focuses upon the fable of ‘Khi + Ordo’. ‘Ordo’ is a synonym (or metaphor) for totalitarian states and regimes—‘regimes’ being, in this case, those that rule art + law. ‘Law’ here infers, through its negation, the appearance of a higher law, one that is entered upon when one resists assimilation to the rules and regulations associated with police states—incipient or otherwise. We call that other law ‘works-based agency’, and the artist-scholar is beholden to it once s/he departs company with all such quotidian systems of abject hegemony. One crisis leads to another, so to speak, on multiple levels and all at once.

     

Changing regulation and the future of the professional partnership: the case of the Legal Services Act, 2007 in England and Wales

The UK Legal Services Act 2007 permits external financing and unlimited non-lawyer ownership of legal practices through the formation of Alternative Business Structures (ABSs). For many, the impact of this changed regulation on the ‘professional partnership’, as the dominant organisational form through which legal services are delivered, will be considerable. However, to date few studies have explored this empirically. This paper addresses this gap by examining organisational changes within ABSs to assess how far these firms have departed from the professional partnership model. Focusing upon the ABS population licensed by the Solicitors Regulation Authority between January 2012 and August 2015, the study findings show a continuum of organisational responses against four specified indicators: incorporation; multi-disciplinary practices; non-lawyer ownership; and external investment. These range from those that depart little from traditional practices to those that are more radical. We conclude that, whilst regulatory reform has yet to dislodge the dominance of the professional partnership, it has disturbed the status quo and increased the variety of ‘economic units’ within which legal services are delivered.     

Dilemmas and consequences of prior criminal record: a criminological perspective from England and Wales

This article considers the contemporary architecture of criminal record usage in England and Wales. We focus upon impact on ‘employment status’, partly because work is often now seen as key to good health and other self-esteem indicators in the modern world. First, we examine in the context of England and Wales, (a) the development of the contemporary criminal record system and extent of availability of prior record information in terms of employment (and other licensing purposes) and (b) the factors that helped shape the current architecture. Second, this article outlines what is known from the British criminological literature on employment and conviction records and what more is needed in terms of criminological research. Finally, we consider how convictions become ‘spent’ – in particular the English approach to ‘expungement’/sealing of the criminal record according to the 1974 Rehabilitation of Offenders legislation.     

Officially recorded convictions for probationers: The relationship with self‐report and supervisory observations

Objectives. For the past 20–25 years the assessment of the outcomes of probation supervision and its associated variants has relied upon officially recorded offending as the chief determinant of ‘success’ and ‘failure’. A recent assessment of the impact of accredited programmes aimed at reducing offending called for reconviction rates to be supplemented with other outcome measures to give a more accurate picture of treatment effectiveness. Methods. Self‐reports of offending are one such alternative outcome measure, and this paper responds to recent calls for developments in this field. This paper throws further light on the frequency of offending by probationers during their probation orders, the extent to which their officers knew of this offending and the relationship between self‐reported offending and subsequent convictions. Results. The data suggest that about a half of the probationers committed at least one offence during the time they were on probation and that about a third of the probationers reported that they had committed more than four offences during this same time. In the main, probation officers reports mirrored the reports gained from the probationers. Generally speaking, the relationship between self‐reported offending and officially recorded convictions was also very close. However, this varied by the offences/convictions under consideration. Conclusion. There were slightly more probationers found guilty of property offences than had admitted to such offending during their interviews. The explanation for this appeared to have been deliberate concealment on the part of the probationer, rather than recall failure.     

Northern Ireland’s Human Trafficking and Exploitation Act (2015): a preliminary assessment

‘Modern slavery’ has increasingly been recognised by policy-makers across the globe as a serious affront to the human rights of its victims, and an encroachment on the security of the international community. It typically, though not exclusively, thrives in conditions of poverty, economic and political instability and social disenfranchisement, and has a deleterious impact on the health and well-being of its victims, families and wider communities. The United Kingdom, and, more particularly, Northern Ireland, though relatively affluent, has not escaped the grasp of what can aptly be described as the ‘scourge’ of the twenty-first century. In view of the evolving dynamics of modern slavery, as well as both international and regional commitments calling for action to prevent the phenomenon, prosecute perpetrators and protect victims, Northern Ireland recently enacted its Human Trafficking and Exploitation Act (2015). Given that the Act has to date not been examined in the existing literature, this article aims to provide a critical preliminary assessment of its myriad provisions, in an effort to determine their relative strengths and weaknesses, as well as their likely impact in practice on ‘modern slavery’.     

Gender,race, bias and perspective: OR,how otherness colours your judgment

This discussion considers assumptions about judges and judging and suggests that despite what is sometimes perceived as increasing diversity on the bench and in the legal profession, outsider decision makers’ membership of the jurisprudential community is still marked by ‘otherness’. The argument draws upon my ongoing interest in the law's concern with the concepts of ‘objectivity’, ‘neutrality’ and ‘perspective’. I argue that the legal system is inherently suspicious of ‘otherness’ and most specifically so when ‘others’ occupy positions of ‘judgement’. The consequence is to render decisions made by ‘otherised’ judges liable to attack for bias in a way that decisions made by insiders simply are not. The argument is illustrated by a review of a number of challenges made on the ground of ‘bias’ or recusal motions to judges whose failure to match the white Anglo hetero-normative standard of ‘the judge’ is seen as a limit on their ability to be ‘impartial’. The examples used range across many jurisdictions, from Australia, Canada, the US and a challenge to the impartiality of a decision of the International Criminal Tribunal for the former Yugoslavia (ICTY).     

Responding to the Harassment and Abuse of Older People in the Private Rented Sector: Legal and Social Perspectives

Independent living, and hence active ageing, is seen by some governments as being supported through enabling and encouraging older people to live in mainstream housing. However, this emphasis upon ‘staying put’ and ‘ageing in place’ needs to recognise the major housing difficulties that are faced by some older people.

This paper presents findings from an exploratory study, funded by Help the Aged, of the harassment and abuse of older people within the private rented sector. Examples of the wide range of arguments, disputes and conflicts with landlords and other residents will be provided. The second half of the paper considers the legal remedies that might be available for tackling some of these problems and the present obstacles to their use. Finally, legal remedies will be compared with more social policy based approaches which draw upon the framework relating to the protection of vulnerable adults.     

Understanding Victim Support as Crime Prevention Work: The Construction of Young Victims and Villains in the Dominant Crime Victim Discourse in Sweden

Starting from the observation that a new victim category has emerged in the form of the ‘young crime victim’, this article explores the notion of support to young crime victims as crime prevention work, considering it as an important constituent of the dominant crime victim discourse among support professionals. In the context of the support work, the (young) ‘victim’ and the (young) ‘villain’ provide mutually necessary counterparts constructed in relation to each other. Corresponding to this division, two approaches in criminal and crime prevention policy and practice are then analysed using Garland's notions of ‘the criminology of the self’ and ‘the criminology of the other’. The first of these strategies is generally associated with rehabilitative measures (with the resulting normalization of the crime, its victims, and villains), while in the second punitive measures remain the norm (with the crime, its victims, and villains becoming ‘Otherized’). Yet, as shown within the context of rehabilitation organized as support to young crime victims, both of these (at first glance mutually contradictory) discourses are drawn upon and operationalized by the professional support staff constructing images of young victims and villains in their daily work. Help-seeking youths resistant to identifying as victims remain represented as (possible future) villains.     

Lawyers' perspectives on ‘what is court-connected mediation for?’

This article analyses the results of an empirical investigation into lawyers' perspectives of the goal of court-connected mediation in the Supreme Court of Tasmania, Australia. The findings of other empirical studies are drawn upon to contextualise the results. The data reveal a tendency for lawyers to emphasise settlement in accordance with the law as the main purpose of court-connected mediation. There was evidence that some lawyers maintain a competitive approach to court-connected mediation, seeking to ‘win’ for their clients with minimal regard to the other party's goals or to achieve outcomes that reflect a legal assessment of the case. However, where non-legal, satisfaction-related needs were met, many lawyers viewed such outcomes as particularly positive. A mixed range of views was revealed, with the common goals of an opportunity for settlement and a focus on law as a reference point. The findings contribute to knowledge about lawyers' understandings of ‘what is mediation for?’.     

A social psychological critique of the Saudi terrorism risk reduction initiative

Of great concern to policy makers and detention system administrators who face the need to release detainees suspected of terrorism is how to do so in ways that minimize risk to national security. Among responses taken by detention system administrators is the establishment of so-called ‘deradicalization’ (or ‘disengagement,’ or ‘terrorism risk reduction’) programs in which select detainees may participate to promote their own release. The present analysis critiques the Saudi terrorism risk reduction initiative in accord with two social psychological theories that are especially pertinent to the topic – identity theory and frame alignment theory – and offers policy suggestions based upon the theoretical strengths and weaknesses of the Saudi model.     

The mismatch between the in-country determinants of technology transfer,and the scope of technology transfer initiatives under the United Nations Framework Convention on Climate Change

Despite decades of international political emphasis, little is known about the in-country determinants of technology transfer for climate change mitigation. We draw upon the conclusions of a series of standardised, official governmental statements of technology priorities, coupled with questionnaire-based data collection, to shed light on the nature of those determinants. We find that there is a disconnect between what developing country governments perceive as the key enablers of, and barriers to, technology transfer, and what bilateral and multilateral technology transfer programmes can offer, given budgetary constraints and the logic of development aid spending. We show that the well-established notion of making climate change mitigation actions an integral part of sound development plans is especially relevant for technology transfer. We offer pointers as to how this might be done in practice, in the context of the ‘technology action plans’ developed as part of the United Nations-sponsored technology needs assessment process.     

The philosopher’s courtly love? Leo strauss, eros, and the law

This essay poses a critical response to Strauss’ political philosophy that takes as its primary object Strauss’ philosophy of Law. It does this by drawing on recent theoretical work in psychoanalytic theory, conceived after Jacques Lacan as another, avowedly non-historicist theory of Law and its relation to eros. The paper has four parts. Part I, ‘The Philosopher’s Desire: Making an Exception, or “The Thing Is...’’’, recounts Strauss’ central account of the complex relationship between philosophy and ‘the city’. Strauss’ Platonic conception of philosophy as the highest species of eros is stressed, which is that aspect of his work which brings it into striking proximity with the Lacanian-psychoanalytic account of the dialectic of desire and the Law. Part II, ‘Of Prophecy and Law’, examines Strauss’ analysis of Law as first presented in his 1935 book, Philosophy and Law, and central to his later ‘rebirth of classical political philosophy’. Part III, ‘Primordial Repression and Primitive Platonism’, is the central part of the paper. Lacan’s psychoanalytic understanding of Law is brought critically to bear upon Strauss’ philosophy of Law. The stake of the position is ultimately how, for Lacanian psychoanalysis, the Law is transcendental to subjectivity, and has a founding symbolic force, which mitigates against speaking of it solely or primarily in terms of more or less inequitable ‘rules of thumb’, as Plato did. Part IV, ‘Is the Law the Thing?’ then asks the question of what eros might underlie Strauss’ paradoxical defense of esoteric writing in the age of ‘permissive’ modern liberalism – that is, outside of the ‘closed’ social conditions which he, above all, alerts us to as the decisive justification for this ancient practice.