When transgressions become transparent: limiting family forms in assisted conception

This article explores the social processes through which ideas about the family become translated into regulation and practice in assisted conception. Drawing on social problems literature, it is suggested that claims are made (by regulators, practitioners and others) about the desirability of certain family types and that forms of regulation occur when families transgress, in particularly obvious ways, the boundaries of those definitions. The apparently disparate examples of lesbian access to donor insemination and donor anonymity are brought together to illustrate the argument. It is also suggested that much formal regulation and clinical practice is directed towards making such transgressions less transparent, thus protecting the practice of assisted conception from unwelcome scrutiny.     

Beyond conception: legal determinations of filiation in the context of assisted reproductive technologies

This article argues that legal determinations of filiation are normative ideological constructions about how societal relations between parents and children should be ordered. They are based upon regular understandings of the relationship between biological and social facts and, as this article demonstrates, operate to create an asymmetrical relationship between the categories between paternity and maternity. I suggest that fairly recent developments in reproductive and genetic filiation have been made and offer the potential for an expanded understanding of relatedness or kinship which does not take the two-parent--one of each sex--model of the family as its normative form. While the examples I draw on arise in the context of reproductive technologies, I suggest that the analysis has broader implications for the recognition of broader family forms and relationship.     

The new regulation of voluntary euthanasia and medically assisted suicide in the Netherlands

On 1 April 2002 the Dutch Bill 'Termination of Life on Request and Assisted Suicide (Review Procedures) Act' (Wet toetsing levensbeeindiging op verzoek en hulp bij zelfdoding) came into force. This article starts with an outline of the former legal position in The Netherlands regarding euthanasia and medically assisted suicide, followed by an explanation of the new Act. The main focus of this contribution lays on the requirements of due care, the obligation to notify euthanasia to the coroner and the revised legal position of the so-called Regional Review Commissions. Furthermore, the article considers the termination of life in the case of minors and the function and requirements of written statements of euthanasia by patients no longer capable of communication. Finally, the article gives an overview of the problems [that] may come in the future concerning the approach to euthanasia in The Netherlands.     

Recent advances in medically assisted conception: legal, ethical and social issues.

A review of reports, bills and legislation from around the world, during the period from 1987 to 1991, reveals certain areas of consensus on the possible or actual, ethical and legal regulation of medically assisted conception. Other areas remain controversial, due not only to cultural and religious differences but also to the social significance of the very implementation of these new technologies. Irrespective of these differences, the reformulation of certain shared international principles of human rights permits a greater specificity both in their translation and in their application to medically assisted conception. Areas discussed include the dignity of the person, the security of human genetic material, the quality of services, the inviolability of the person and the inalienability of the person.     

Regulation of assisted conception services in Europe: Implications of the new reproductive technologies for 'the family'

In this paper we attempt to draw attention to the widespread variation in legislation and regulation of assisted conception services throughout Europe and the implications that this may have for what is understood as 'a family'. At present, access to assisted conception services appears to rely on a 'traditional' notion of the family with the consequence that large numbers of potential service users are excluded. We believe that the existing state of assisted conception legislation already demonstrates a turn to the postmodern. This paper aims to make this turn to the postmodern more explicit and take it further towards what we argue is its inevitable conclusion. It is argued that a postmodern approach should benefit both assisted conception service providers and, perhaps more importantly, service users through an emphasis on localized knowledge, acceptance of difference and 'otherness', and a recognition of the complexity and ambiguity of human behaviour.     

关于建立行政刑罚制度的构想

行政刑罚制度是刑法学与行政法学交叉学科的产物,是探求用一种新的手段来解决新的社会矛盾。行政刑罚制度具有本身的独立性。行政刑罚制度的建立既是社会现实的需要,也是我国立法和行政执法的要求。行政刑罚制度的立法体系应当以自由刑、财产刑和资格刑为主导,在程序上适用司法程序。     

Problems with the regulation of assisted reproductive technology: a clinician's perspective

The use of the Infertility Treatment Act 1995 (Vic) as a model for regulating reproductive technologies throughout Australia poses many problems. This article argues that the legislation in Victoria is overly restrictive. In particular, banning embryo research is hypocritical. Embryo research was required to develop the clinical procedures and should be used to test innovations. Other problems are restricted access; privacy infringement; an intrusive regulatory body; conflicts with other laws; and confusion because of poor drafting or lack of foresight. Uniform statutes are unnecessary. The interests of individuals and the community are better served by regulation through the Reproductive Technology Accreditation Committee.     

The Chromis programme: from conception to evaluation

Abstract

Offenders with high levels of psychopathic traits present particular challenges to the criminal justice system. These offenders are at high risk of re-offending and have a range of complex issues impacting on their response to treatment. This paper outlines the development, structure and implementation of the Chromis programme: a programme designed specifically to reduce the risk of violence in offenders with high levels of psychopathic traits. It outlines the context in which the programme currently runs and the challenges faced in evaluating its impact. Initial findings and plans for evaluation are discussed.     

英国宪政传统的历史成因

英国早在盎格鲁 -撒克逊时代就滋生了“王在法下”的法治传统和政治协商传统的最初萌芽。诺曼征服后 ,在强大王权和贵族联合势力大致平衡的力量对比条件下 ,封建法历史地充当了推动法治传统成长的“不自觉工具”。随后形成的普通法以其特有的判例法形式、相对独立的法庭组织、司法职业化以及富有理性的审判方法 ,进一步巩固了英国法治传统的制度基础。与此同时 ,古代的政治协商传统发展到了具有一定代议性质的政治协商新阶段。到中世纪末 ,以普通法制度和议会制度为支柱的宪政传统在英国确立起来。总而言之 ,促成英国宪政传统形成的根本原因还在于国家和社会的适度紧张关系与相对均衡结构。     

The criminal underworld of Medieval England

Abstract

In contrast to views put forward by Marjorie Blatcher, it is argued here that the impact of Bills of Custody on business in the court of King's Bench in the late fifteenth century can only be judged if all custodial bills are counted and only if special attention is given to those bills dealing with matters which would otherwise have been outside the court's normal jurisdiction. It is shown that the increase in the numbers of such cases is too modest to support Blatcher's claims of a massive increase in business since the 1450s, that the extension of the notion ‘in custody’ to people on bail did not happen in 1452, as she stated, but 20 years earlier, that it was extended to people on mainprise as well, at least for some time, and finally that fictitious Bills of Middlesex and writs latitat were not as important in connection with custodial bills as Blatcher thought.