Court of Appeal considers burden of proof in breach of confidence cases

The Court of Appeal considered the burden of proof where a copyof a product was allegedly made in breach of confidence andfound that, because the trial judge had not misdirected himself,it was not for the Court of Appeal to look at whether therehad been copying.     

Cultural relativism and comparative criminology

The recent spate of comparative studies of crime is long overdue as a potential palliative to the traditional ethnocentrism of American criminology. But their comparative method is uncritically taken from two incompatible propositions derived from Durkheimian empiricism. As such, the generalizations about criminal behavior that these studies advance should be treated more with caution than optimism. This essay discusses the alleged advances over Durkheimian empiricism made by two distinct forms of cultural relativism. If what every man believes as a result of perception is indeed to be true for him; if, just as no one is to be a better judge of what another experiences, so no one is better entitled to consider what another thinks is true or false... then, my friend, where is the wisdom of Protagoras, to justify his setting up to teach others and to be handsomely paid for it? Socrates, in Plato'sTheaetetus     

Animal abuse and criminology: introduction to a special issue

I wish I had a penny or a cent or a peso for each of the many times in the past few years that I have listened in on a conversation or read something about human rights and animal rights and then been forced to think through to the variety of its possible conclusions what for three shipwrecked and hungry survivors in a lifeboat on the high seas is the proper thing to do about their thirst and imminent starvation. Suppose that the three survivors of this shipwreck are an adult human, the ship’s cabin boy and a dog. Suppose also that they are several days away from rescue and without hope of acquiring food or potable water from their salt-water environment. For purposes of survival in this dire situation, may one of the two humans kill and eat one of the other two survivors? If so, which one? To these two questions almost certainly the response by two of the shipwrecked survivors themselves, by would-be in-contact-radio-rescuers, by medical consultants, by theological experts and by the general public would be: “it’s alright to eat the dog”.     

A note on the facticity of animal trials in early modern Britain; or,the curious prosecution of farmer Carter’s dog for murder

For a century or so there has been a lively debate on the meaning of animal trials in early modern and medieval Europe. One unresolved issue in this debate is the geographical and jurisdictional incidence of animal trials, including their facticity in Britain. This essay explores some neglected evidence in this regard, namely, three British animal trials identified in E.P. Evans’ (1906/1987) authoritative text The Criminal Prosecution and Capital Punishment of Animals.     

Filing for corruption: Transparency, openness and record-keeping

The rhetoric of the new development agenda is shaped by democratisation,decentralisation and accountability. The intention is to reassert the role ofthe state but only within the context of involving and working for thepeople. Multilateral and bilateral donor statements are replete withreferences to openness, transparency, accountability and combatingcorruption. This article discusses the rhetoric of such language but then askshow they are to be implemented.What is at issue is that such terms are crucial development goals but,without greater attention to concrete outcomes and processes, may remainrhetoric.     

Universities and open innovation: the determinants of network centrality

The Journal of Technology Transfer - This paper addresses the ‘network’ and ‘open innovation’ paradigms by seeking to examine the factors associated with structural...     

Peter Singer's ``Heavy Petting' and the Politics of Animal Sexual Assault

This essay confronts PeterSinger's (2001a) controversial suggestion thathuman-animal sexual relations should betolerated if they do not involve cruelty, apseudo-liberal position contradicted by theauthor's recent testimony in favor of a Bill tocriminalise bestiality. Against Singer, thisarticle argues that human-animal sex is a harmthat is wrong for the same reasons as isinter-human assault – because it involvescoercion, produces pain and suffering, andviolates the rights of another being. Positively, however, Singer's text opens up fora much overdue discussion some difficultquestions about the politics of animal sexualassault.     

The Emergence of a Commercial Heavy-Weight: The Kennedy Round Negotiations and the European Community of the 1960s 1

The Kennedy Round of GATT negotiations between 1963 and 1967 saw the debut on the international commercial stage of the EEC negotiating as a single entity. The Round thus represents a valuable opportunity to assess the impact of the EEC on the international trading system, the compatibility of regional integration with global trade liberalization, and the effectiveness of the Community system in allowing “Europe” to speak internationally with one voice. Its judgement is largely positive, noting in particular the strong connection between the EEC's emergence and both the original American decision to launch the Round and the main negotiating method employed—that of across-the-board tariff cuts. The Kennedy Round, in other words, constituted both a direct response to the Community's growing economic stature and an imitation at global level of the approach to tariff reduction that it had pioneered. The episode also provides a chance to examine the interplay between the EEC's two largest states, France and West Germany, and to suggest that the contrast between their respective approaches to the Kennedy Round was less profound than is normally suggested.     

Protecting people's livelihoods,restarting nuclear reactors: ‘risk recalibration’ in Prime Minister Noda's 8 June 2012 national address

Given popular concerns about nuclear accidents in the wake of the Fukushima disaster, the Japanese state shut down the last of its fifty-four reactors for inspections on 5 May 2012, the first time the country had been without nuclear energy since May 1970. However, on 8 June 2012, in a nationwide address, Prime Minister Noda Yoshihiko justified a resumption of nuclear power generation at the Oi nuclear plant in Oimachi, Fukui Prefecture. This article examines Noda's speech as an example of ‘risk recalibration’. The first section outlines the underlying theoretical assumptions, while the second section provides the context behind the speech. This involved the input of political, economic and social actors as they vied for policy influence. The third section then analyses the risk rationality used in the speech itself. The argument is that while the speech is an important example of risk rationality operating through discourse as a medium of power, the overall ‘recalibration’ runs contrary to what recent studies have shown in other areas. In short, it is held that the speech follows a more traditional paternalistic logic of centralized risk management rather than a neoliberal logic of ‘individual responsibility’.