The Changing Status of International Law in English Domestic Law

Netherlands International Law Review -     

Divorcing Responsibly

In this article I argue that Part II of the Family LawAct 1996 gives expression to a new form ofresponsibility. I begin by suggesting thatresponsible behaviour has shifted from prohibiting orrequiring particular actions: we now exhibitresponsibility by our attitude towards our actions. I then examine where this new conception ofresponsibility has come from. Through an examinationof the work of post-liberal theorists, principallyMichael Sandel, I argue that a changing view ofpersonhood within post-liberal theory has led to aquestioning of the possibility of choice, and that theabsence of choice necessitates a shift in thedefinition of responsible behaviour. If we are createdby our decisions then we cannot be held to account forour decisions, but only for the care we have takenover them. Responsibility is therefore measured notby our level of self-control but by our level ofself-awareness. Finally I examine the consequences ofthis shift in the meaning of responsibility. Withinthis framework autonomy is illusory thereforedecisions do not need to be respected. This explainswhy the implementation of Part II of the Family LawAct 1996 has been called into question. Within thisframework responsibility is relative therefore itextends indefinitely. This enables the Family Law Actto be uniquely intrusive and judgmental: everydivorcing couple, on being held up to scrutiny, isfound lacking.     

A cluster analysis of people on Community Treatment Orders in Victoria, Australia

This paper explores the clinical, social and demographic characteristics of 164 people on Community Treatment Orders (CTOs) in one area mental health service in Victoria, Australia. The results of an exploratory cluster analysis are presented to address the question of whether people on Community Treatment Orders can be categorised into statistically reliable, qualitatively distinct groupings. The data are presented in the context of key stakeholder perspectives on the current use and purpose of CTOs. Three stable clusters emerged and each potentially reflects how social dimensions, as well as clinical issues, influence decision making regarding the implementation of CTOs. These findings are important in the context of policy and practice in Victoria, where the use of CTOs is common practice, and orders are generally made for a 12 month period. The potential for improved targeting of CTOs and more specific treatment planning is identified.     

Toxic Atmospheres Air Pollution,Trade and the Politics of Regulation

Air is an essential ingredient for all living things and its properties influence the quality and longevity of life. When polluted, it is estimated that it causes the annual premature death of millions of people and the world-wide damage and destruction of wildlife and natural habitats. This article examines human-made air pollution within a framework of ‘eco-crime’ and Green Criminology. Using original data on air pollution infringements, it critically examines the shortcomings with existing mechanisms of air pollution control, regulation and enforcement in the UK. In doing so, it identifies how Criminology must continue to push new boundaries and engage with emerging harmful acts of both local and global concern.     

The cognitive interview and its effect on misleading postevent information

Abstract

The present study investigated the effectiveness of the cognitive interview on reducing the impact of the misinformation effect. A 2×2 between-groups design was used, with interview type (cognitive or structured) and narrative type (misleading or neutral) as the independent variables. Adults (n=40) viewed video footage depicting a bank robbery and then received either a misleading or neutral postevent narrative. Participants were interviewed with either a cognitive or a structured interview regarding their memory for the original footage. The cognitive interview produced significantly more correct pieces of information than the structured interview, without an increase in errors or confabulations. An anomalous significant interaction was found regarding the number of incorrect pieces of information, where recipients of the structured interview made more recall errors when receiving neutral postevent information compared to neutral postevent information. A misinformation effect was successfully achieved but the enhancing effects of the cognitive interview were unable to reduce it. Results are discussed within the misinformation effect theoretical framework. The limitations of the present study are also discussed.     

School Violence Prevention: Current Status and Policy Recommendations

The purpose of this article is to identify an array of strategies that are available to schools to address concerns school violence and to identify some of the potential school or school district policy options related to those choices. We illustrate that many promising options are available to schools to address violence and other inappropriate behavior of students. The very breadth and diversity of these options may pose a problem in attempting to develop a comprehensive local policy on this topic. While many schools have chosen increasingly punitive zero‐tolerance policies as their primary strategy of violence prevention, there is little or no research evidence documenting that such an approach can contribute to school safety. Rather, effective school violence prevention requires comprehensive planning involving documented best‐practice programs, preventive strategies, and effective responses to any violence that may occur. Since research documenting the effects of violence prevention strategies is inconsistent, it is incumbent upon schools to consider carefully which programs best meet the needs of their local situation, and to monitor the effectiveness of new programs in improving school safety and reducing disruption and incivility.     

Green crime and the role of environmental courts

Environmental issues continue to capture international headlines and remain the subject of intense intellectual, political and public debate. As a result, environmental law is widely recognised as the fastest growing area of international jurisprudence. This, combined with the rapid expansion of environmental agreements and policies, has created a burgeoning landscape of administrative, regulatory and judicial regimes. Emerging from these developments are increases in environmental offences, and more recently environmental crimes. The judicial processing of environmental or ‘green’ crimes is rapidly developing across many jurisdictions. Since 1979, Australia has played a lead role in criminal justice processing of environment offences through the New South Wales Land and Environment Court (NSW LEC). This article draws on case data, observations and interviews with court personnel, to examine the ways in which environmental justice is now administered through the existing court structures, and how it has changed since the Court’s inception.