The police,social services and psychiatry cooperation in Denmark—A new model of working practice between governmental sectors. A description of the concept,process, practice and experience

In 2004 a new model of working practice between three public sectors, the local Police Department, Social Services and Psychiatry/Mental Health Services (PSP) was introduced in the municipality of Frederiksberg, Denmark. The aim of this cooperation was to enhance support to vulnerable citizens, who do not belong solely to one of the three sectors and thereby often get lost in the system. The PSP cooperation was introduced to ensure that relevant information concerning vulnerable citizens was shared between the three sectors and to improve collaboration between the sectors involved in order to provide the needed support to the individual citizen. Due to the success of the PSP cooperation in Frederiksberg, the PSP model was implemented by law in Denmark in 2009.In order to evaluate the model, a qualitative study based on structured interviews, focus group discussions and observations, was performed in four selected municipalities in Denmark: Frederiksberg, Odense, Amager and Esbjerg. The evaluation was undertaken by the Danish National Centre for Social Research.It is concluded that the PSP cooperation draws attention to marginalized groups of citizens and helps to prevent social downfall and crime. Participants of the PSP cooperations further highlight positive changes in the cooperation between the involved sectors, which is thought to further improve the support to vulnerable citizens and thereby enhance both prevention and follow up of cases. Furthermore, the recommendations drawn from the evaluation are to adapt PSP cooperations to local conditions, avoid unnecessary red-tape, keep a constant focus on citizens' ethics, as well as involve the frontline workers in the individual sectors, i.e. those who are actually in contact with marginalized citizens.     

Financial Institutions between Effectiveness and Legitimacy – A Legal Analysis of the World Bank,Global Environment Facility and Prototype Carbon Fund

Environmental financing is one of the crucial issues of international environmental law and its implementation. From an environmental perspective a prerequisite for success is that financial resources are used in an environmentally effective way. Whether the World Bank, the Global Environment Facility (GEF) and the Prototype Carbon Fund (PCF) can be perceived as effective environmental actors has to be measured by their objectives, their potential to promote accepted environmental standards and their relevant funding practices. After significant improvements of their environmental policies, the World Bank must be considered the most important institution for environmental financing due to its involvement in environmental trust funds but also in regard to its regular lending practices. The GEF remains exceptional due to its institutional structure and scope, whereas the PCF is an example of public–private partnerships that might be a model for future financing via trust funds. Since acceptance of institutions can only be created if they are considered to be legitimate, legitimacy is closely tied to effectiveness. The main criteria for legitimacy are state consent and the equality of states as well as supplementary considerations such as transparency and public participation. From this perspective the World Bank, GEF and PCF structures of voting and participation have come a long way, and despite their particularities and deficiencies they reflect to a varying degree elements of legitimate decision making.     

Blockchain Matters—Lex Cryptographia and the Displacement of Legal Symbolics and Imaginaries

Law and Critique - This article focusses on the social and legal implications that blockchain technology brings about, not only due to its ideological framework, but also, and...     

The Fundamental Contradiction Redux? Liberty,Coercion, and American Legal Development

In Liberty and Coercion: The Paradox of American Government from the Founding to the Present, Gary Gerstle offers an ambitious account of American legal development from our nation's founding up to the present day. In many ways, Gerstle's account is in keeping with the long scholarly tradition of linking legal liberalism with changes in American law and politics. However, Liberty and Coercion also calls to mind critical legal scholarship, most notably Duncan Kennedy's “The Structure of Blackstone's Commentaries” and the idea of the fundamental contradiction. After reconstructing Kennedy's central claims, I highlight how they actually undermine Liberty and Coercion and jeopardize the larger legal liberal tradition.     

The Future and Legal Education: Are Law Schools Failing and,If So,How?

In Failing Law Schools (2010), Brian Tamanaha recommends that law schools respond to the current economic crisis in the legal profession by reducing support for faculty research and developing two‐year degree programs. But these ideas respond only to a short‐term problem that will probably be solved by the closure of marginal institutions. The real challenge lies in the powerful long‐term trends that animate social change, particularly the shift to a knowledge‐based economy and the demand for social justice through expanded public services. These trends demand that law schools transform their educational programs to reflect the regulatory, transactional, and interdisciplinary nature of modern legal practice.     

Exploring Justitia Through Éowyn and Niobe: On Gender,Race and the Legal

The image of Lady Justice, a white woman, sometimes appearing with her eyes veiled and other times unveiled, at times bearing scales and/or a sword in her hands, still is a common and popular feature of legal culture in many parts of the world. This is an image of justice that is found everywhere, from courthouses to cartoons. However, one may ask: “Who is this woman?”; Is she really a worthy representative of justice?; Or even a commendable representative of women? Thus, in this article, it is proposed to question the image of Lady Justice and the interpretations that have been associated with it, as well as the standards of conduct required of, and imposed upon, women both inside and outside the legal profession. The article will consider a range of arguments related to such questions, particularly on the issues of gender and race, by using two female characters: Éowyn (from Tolkien’s The Lord of the Rings) and Niobe (from the Wachowskis’s The Matrix). The two characters are women who have some significance in both plots. Through them, I will establish some similarities and differences with Justitia, namely the need to be disguised as men or embrace male attitudes (a similar process concerning women in the legal profession, for example); the use of weapons (specifically, the sword, and, hence, the necessary analysis of women as law breakers, in contradiction to the image of Justitia); and finally some key issues relating to the representation of women of colour.     

Psychiatrists,criminals, and the law: Forensic psychiatry in Switzerland 1850–1950

Between 1880 and 1950, Swiss psychiatrists established themselves as experts in criminal courts. In this period, the judicial authorities required psychiatric testimonies in a rising number of cases. As a result, more offenders than ever before were declared mentally deficient and, eventually, sent to psychiatric asylums. Psychiatrists also enhanced their authority as experts at the political level. From the very beginning, they got involved in the preparatory works for a nationwide criminal code. In this article, I argue that these trends toward medicalization of crime were due to incremental processes, rather than spectacular institutional changes. In fact, Swiss psychiatrists gained recognition as experts due to their daily interactions with judges, public prosecutors, and legal counsels. At the same time, the spread of medical expertise had serious repercussions on psychiatric institutions. From 1942 onwards, asylums had to deal with a growing number of “criminal psychopaths,” which affected ward discipline and put psychiatry's therapeutic efficiency into question. The defensive way in which Swiss psychiatrists reacted to this predicament was crucial to the further development of forensic psychiatry. For the most part, it accounts for the subdiscipline's remarkable lack of specialization until the 1990s.     

Law’s Determinability: Indeterminacy,Interpretative Authority,and the International Legal System

Netherlands International Law Review - Authority claims remain rooted in the antecedent existence of a degree of indeterminacy, in particular in the international legal system, in which a lack of...     

Brazilian Adolescents’ Just World Beliefs and Its Relationships with School Fairness,Student Conduct,and Legal Authorities

Prior research has demonstrated that adolescence is a sensitive period to develop their belief in a just world (BJW), both general and personal. Research has found significant relationships between BJW, perceptions of school fairness, student conduct, and perceptions of legal authorities. However, no research has combined these constructs in one model to get a broader picture of how adolescents construct their worldview of fairness and how this influences their compliance with authorities. This study analyzed 475 Brazilian adolescents across three schools. A partially mediated and a mediated model were tested to determine if students’ BJW relate directly or indirectly to student conduct and perceptions of legal authorities through school fairness. The partially mediated model best fit the data. Personal BJW predicted students’ perceptions of the school fairness, which predicted student conduct. General BJW and school fairness predicted adolescents’ perceptions of legal authorities. Perceptions of school fairness are influenced by Personal BJW and are predictive of students’ conduct and opinions of legal authorities. By analyzing multiple constructs simultaneously, this study provides a picture of how these overlapping conceptualizations of justice interact. Students who do not believe their school is fair are less likely to respect and abide by the rules and are more likely to also expect unfair treatment from law enforcement and judicial officials. This study points to the importance of students’ perceptions of justice at school and highlights the far-reaching implications of students who do not perceive or expect justice in their lives.     

Social Management and Ethic Legal Institutions in Chinese Traditional Society——The thinking of reconstructing social management

传统中国形成了一元化的行政管理与多元化社会基层组织自我管理有机结合的多元共治机制,这是出于社会环境的必然选择.在多元共治中,国家着眼于指导思想、文化背景、法制保障等方面建设,而具体的、细化的甚至是琐碎的管理事务则由基层社会组织完成.基层社会组织通过民间规约实现自我管理.伦理法制为维护基层组织权威和社会共同价值文化提供法制保障.创新社会管理在某种意义上亦是抹不去的历史回归.     

Clarifying Maritime Criminal Cases Jurisdiction and its International Implications—Current Legal Developments in China

Crime, Law and Social Change - On 20 February 2020, the Supreme People’s Court, the Supreme People’s Procuratorate and the China Coast Guard jointly issued the Notice on Issues...     

The Standard of Legal Definition of the Small and Medium Enterprise——From the aspect of comparative law

西方各国对“中小企业”的立法界定标准差异显著,在其本国内每一部政府扶持立法通常都规定了自己的“中小企业”定义.我国对“中小企业”的立法界定标准先后进行过几次大调整,但目前的立法仍存在诸多缺陷,需要进一步加以完善.立法界定“中小企业”,应以“小”的本质涵义为起点,以“相对随意性”为指导理论.     

Crime, Freedom and Civic Bonds: Arthur Ripstein’s Force and Freedom: Kant’s Legal and Political Philosophy

There is no question Arthur Ripstein’s Force and Freedom is an engaging and powerful book which will inform legal philosophy, particularly Kantian theories, for years to come. The text explores with care Kant’s legal and political philosophy, distinguishing it from his better known moral theory. Nor is Ripstein’s book simply a recounting of Kant’s legal and political theory. Ripstein develops Kant’s views in his own unique vision illustrating fresh ways of viewing the entire Kantian project. But the same strength and coherence which ties the book to Kant’s important values of independence blinds the work to our shared moral ties grounded in other political values. Ripstein’s thoughts on punishment are novel in that he embeds criminal law, both in its retributivist and consequentialist facets, into Kant’s overarching political philosophy to show how criminal law can be seen as one aspect of the supremacy of public law. But a criminal law solely focused on the preservation of freedom takes little notice of the ways criminal law need expand its view to account for how a polity can restore the victim of a crime back to civic equality, reincorporate offenders after they have been punished and cannot leave past offenders isolated and likely to reoffend, resulting in the rotating door prison system and communities of innocents who remain preyed upon by career criminals. Lastly, a political theory that does not prize our civic bonds will ignore the startling balkanization of our criminal punishment practices, where policing, arresting and imprisonment become tools of racial and social oppression. In illustrating the benefits in viewing criminal law as a coherent part of Kant’s political theory of freedom, Ripstein also highlights what is absent. It then becomes clear that though Kant presents one important facet of punishment, only a republican political theory can meet the most pressing moral demands of punishment by reminding us that criminal law must be used to preserve and strengthen civic society.     

First degree murder and complicity—conditions for parity of culpability between principal and accomplice

The Law Commission for England and Wales has published for consultation a proposal for an offence of first degree murder. A person found guilty of this offence whether as a principal or an accomplice will receive a mandatory sentence of life imprisonment. It is argued that the conditions for liability as an accomplice put forward by the Commission do not fulfil the Commission's aspiration for a "parity of culpability" between principals and accomplices. The discussion has general implications for the reform of complicity laws.

Policy coherence and interplay between Zambia’s forest,energy, agricultural and climate change policies and multilateral environmental agreements

There is increasing international demand by policymakers focussed on Reduction of Emissions from Deforestation and forest Degradation for developing countries to conserve forests in the face of pressure from agriculture and energy demands. Improving forest conservation efforts requires a better understanding of how policies influence forest resources management, hence a need for better analysis of policy coherence and interaction. This study employs a content analysis of national sectoral policies in agriculture, energy and forestry, and national programmes under United Nations Rio conventions in Zambia to examine coherence and interplay between international- and national-level policies. Results show positive horizontal interplay between energy and forestry policies, while conflicts were observed between the agricultural and forestry policies despite the potential of conservation farming to provide a mutually supportive link. Policy documents show inconsistencies between national sectoral policies and national statements to the Rio conventions. Additionally, although national statements to Rio conventions share common ground on measures to address deforestation, they seem to be poorly mainstreamed into national policies and broader development policies at national level. Findings have further revealed a lack of coherence between national commitments to Rio conventions and national forest legislation. The paper concludes that although developing countries, such as Zambia, are ratifying international environmental conventions, measures are often not drafted into national policies and linkages remain largely superficial.     

Changes of the Legal Nature and the Ownership of Underground Garage——As the disputes of “Today Garden”

《物权法》的实施导致地下车库法律性质和地位的变化,也改变了其权利归属认定的逻辑前提.《物权法》实施前,地下车库必须依附于物业小区的宗地使用权,没有独立存在的基础,只能为区分所有建筑物的附属物.交易中未约定时,其权属随商品房的移转而一并移转;《物权法》实施后,借助于土地的分层利用制度,地下车库成为可独立交易物,由此为开发商保留地下车库所有权提供了可能,就其所有权取得无特别约定时,地下车库仍为其初始权利人——开发商所有.因此《物权法》颁布前后,有关地下车库权属判断的衔接问题尤为凸显.