The Paradigm of the War on Crime: Legitimating Inhuman Treatment?

Since 11 September 2001, a new paradigm has developed in criminallaw. Parallel to the idea of the ‘war on terror’,a paradigm based around ‘war on crime’ has emerged.Inevitably, however, a paradigm of war leads to abandoning scientificapproaches based on a legal-moral vision (crime, guilt and punishment)in favour of a merely pragmatic vision, which associates nationalsecurity with social defence. Based on an unclear concept ofdangerousness, presumed by simple membership in a group labelled‘enemy’, the goal is to neutralize, or even eliminate,the criminal/deviant. When combined with a denial of internationalprotections, deconstructing national criminal law thus runsthe risk of pushing a black hole through the rule of law. Manyhave criticized such a paradigm; however, the author pointsout that the paradigm of the war on crime (and more generallythe war on terror), provided that it respects internationallaw, can be useful, because it shows the need to overcome thebinary opposition between war and peace, as well as betweenwar crimes and ordinary crimes. Nonetheless, it must be clearthat this paradigm can only be one of transition. To overcomethe war–peace dichotomy in a global community and to reconstructthe relationship between terrorism and torture, neither a ‘warcrimes’ nor a ‘war on crime’ paradigm is trulysufficient. Only through the amplification of a paradigm of‘crime against humanity’ (itself unstable and evolvingbut free from the war metaphor) can we reconstruct humanityas a value and make it the cornerstone of any legal system.     

Data retention in the UK: Pragmatic and proportionate,or a step too far?

On 6 April 2009 new legislation came into force, for the first time putting Internet service providers' duty to retain significant amounts of data (relating to customers' email and Internet usage) on a compulsory, as opposed to a voluntary footing. It is a topic which has provoked intense protest from the privacy lobby and fuelled months of “Big Brother” headlines in the press. For the industry it raises operational challenges – how to facilitate storage and retrieval of colossal amounts of data. In this article we consider the policy background to the regime, the detail of the UK implementation and the practical implications for communications service providers. We weigh up the privacy and human rights concerns against the business case put forward by the Government. We also examine the Government's proposals – announced at the end of April – to significantly extend and “future proof” this regime in the form of its Intercept Modernisation Programme.     

Evidence-informed or value-based? exploring the scrutiny of legislation in the UK Parliament

This article argues that three types of factor – process, subject and political circumstance – are likely to affect the extent to which claims of evidence are made during legislative scrutiny. It draws upon case studies of the National Minimum Wage Act 1998, the Academies Act 2010 and the Welfare Reform and Work Act 2016, utilising interviews with those involved and information from Hansard. The article concludes that these cases highlight that while there might be potential benefits from a yet more robust legislative scrutiny process, including greater use of pre-legislative scrutiny and the ability of public bill committees to take evidence from a wider range of witnesses and on all bills, subject and political factors would be likely to mean that the use of claims of evidence would continue to vary widely.     

Has the cocaine epidemic arrived in the UK?

National surveys of the UK drug situation in 2000 found that cocaine was the most frequently seized Class A drug, with 25-40 tonnes of cocaine being smuggled into the UK each year. In the light of these findings, an audit of the analytical monitoring for cocaine abuse has been performed covering the period from 1996 to 2002. It was found that there has been a consistent upward trend in the percentage of requests found to be positive for cocaine over this 7-year study period, rising from 9.7% in 1996 to 22% in 2002. This data would suggest that the use of cocaine has increased dramatically over the past few years, indicating that the arrival of the "cocaine epidemic" has now started to become a reality in the UK.     

Pharmaceutical Industry Financial Support for Medical Education: Benefit, or Undue Influence?

Presently, the pharmaceutical industry funds about half of the costs of continuing medical education (CME) programs in the U.S. This contributes to the ethical problems that pervade the relationship between medicine and the pharmaceutical industry: trustworthiness and conflicts of interest. The problems are exacerbated by rationalizations prevalent on both sides that deny the ethical concerns. Commercialism and commercial bias are highly visible at large CME gatherings, and available data, while scanty, back up the view that physician attendees' subsequent prescribing practices are influenced by the commercial message. The industry believes that it will recoup $3.56 in increased sales for every dollar that it invests in CME. New guidelines instituted by the Accreditation Council for Continuing Medical Education (ACCME) in 2004 may succeed in reducing excessive commercial influence, especially since the Department of Health and Human Services has also warned the industry of possible anti-kickback violations if firewalls are not erected between CME funding and marketing of drugs. Critics counter that early indicators of improvement are lacking.     

Measuring human remains in the field: Grid technique, total station, or MicroScribe?

Although three-dimensional (3D) coordinates for human intra-skeletal landmarks are among the most important data that anthropologists have to record in the field, little is known about the reliability of various measuring techniques. We compared the reliability of three techniques used for 3D measurement of human remain in the field: grid technique (GT), total station (TS), and MicroScribe (MS). We measured 365 field osteometric points on 12 skeletal sequences excavated at the Late Medieval/Early Modern churchyard in V?eruby, Czech Republic. We compared intra-observer, inter-observer, and inter-technique variation using mean difference (MD), mean absolute difference (MAD), standard deviation of difference (SDD), and limits of agreement (LA). All three measuring techniques can be used when accepted error ranges can be measured in centimeters. When a range of accepted error measurable in millimeters is needed, MS offers the best solution. TS can achieve the same reliability as does MS, but only when the laser beam is accurately pointed into the center of the prism. When the prism is not accurately oriented, TS produces unreliable data. TS is more sensitive to initialization than is MS. GT measures human skeleton with acceptable reliability for general purposes but insufficiently when highly accurate skeletal data are needed. We observed high inter-technique variation, indicating that just one technique should be used when spatial data from one individual are recorded. Subadults are measured with slightly lower error than are adults. The effect of maximum excavated skeletal length has little practical significance in field recording. When MS is not available, we offer practical suggestions that can help to increase reliability when measuring human skeleton in the field.     

Robotisation of the manufacturing industries in the EU: Convergence or divergence?

This paper investigates whether convergence or divergence of robot densities in the manufacturing industries of 24 EU countries occurred over the period from 1995 to 2015. An answer to this question permits immediate conclusions with regard to the success of convergence of labour productivities within the manufacturing industries of the EU, since it is expected that the use of robots will contribute to the growth of labour productivity. The empirical analysis is based on the robot data of the International Federation of Robotics and uses the convergence testing approach proposed by Rodrik (Q J Econ 128(1):165–204, 2013). Taking all results together, empirical evidence points to non-convergence of robot densities for a first period from 1995 to 2005, while there is relatively fast conditional as well as unconditional convergence for the second period from 2005 to 2015.

     

Women in IPV Treatment for Abusers and Women in IPV Survivor Groups: Different or Two Sides of the Same Coin?

The Calgary Counselling Centre offers therapy groups for both women whose partners abuse them, “You’re Not Alone” (YNA) and women who abuse partners, “Responsible Choices for Women” (RCW). The study examines 262 group members (157 RCW & 105 YNA), comparing their demographics and scores on measures of physical and non-physical partner abuse, and mental health symptoms. At pretest, women in YNA reported significantly more problematic depression, anxiety, general distress and trauma symptoms than women in the RCW program. Nevertheless, the factorial repeated measures analysis of variance on pretest/posttest data from 177 women found statistically significant improvements on all four outcomes measures for women in both groups, although women in the YNA survivor groups made the most improvements on depression, stress and general distress. Clinical implications are described.     

Yea or Nay: Do Legislators Benefit by Voting Against Their Party?

This article asks whether legislators are able to reap electoral benefits from opposing their party on one or more high‐profile issues. Using data from a national survey in which citizens are asked their own positions on seven high‐profile issues voted on by the U.S. Senate, as well as how they believe their state's two senators have voted on these issues, I find that senators generally do not benefit from voting against their party. Specifically, when a senator deviates from her party, the vast majority of out‐partisans nonetheless persist in believing that the senator voted with her party anyhow; and while the small minority of out‐partisans who are aware of her deviation are indeed more likely to approve of and vote for such a senator, there are simply too few of these correctly informed citizens for it to make a meaningful difference for the senator's overall support.     

May,Should, or Do,Administrative Judges Participate in the Management of the Public Sphere in the Rule of Law?

The article concerns the actual impact of courts controlling the activity of public administration on the direction of its activities and the content of issued decisions. In particular, it concerns sovereign individual decisions that affect the sphere of civil rights and freedoms. The aim of the article is to seek an answer to the question of whether independent judges actually participate in the process of management in the public sphere, which is characterised by elements of politics and (regardless of the answer to this question) whether such participation is allowed or (even) necessary in modern rule of law states. The main argument is that regardless of whether the courts controlling the administration have reformatory or exclusive cassation powers, they influence the decision-making process in the public sphere. At the same time, such influence not only does not violate the fundamental values of the rule of law, but is even sometimes necessary. This does not mean that courts should interfere in the management processes in the public sphere in every case.

     

Hierarchical,Decentralized, or Something Else? Opposition Networks in the German Bundestag

Members of the German parliament may force government to publicly answer questions by issuing minor interpellations (kleine Anfragen). We use 3,608 interpellations from the session 2009–13 that have been signed by authoring and supporting members to construct the social network of support relations among members within the three opposition parties. We find that parties differ markedly in terms of internal structure. While social democrats organize hierarchically, Greens cooperate horizontally. The network for socialist Linke in contrast shows signs of homophily and social segregation. Our approach yields a novel perspective on intraparty politics in parliamentary systems which are notoriously difficult to analyze.     

‘From weird to wired’: MPs,the internet and representative politics in the UK

On 14 May 2002, the House of Commons voted on proposals put forward by the Modernisation Select Committee for reform of the departmental select committee system. This article examines the origins of those proposals, and the outcome of the vote, focusing on one particular proposal to create a Committee of Nomination to place MPs onto select committees. This raises questions regarding two competing academic approaches to explaining parliamentary reform, the ‘attitudinal’ approach and the ‘contextual’ approach, and concludes that, of the two, the ‘contextual’ approach is better placed to explain the failure to create a Committee of Nomination.     

Conditional Rights,Benefit Reform,and Drug Users: Reducing Dependency?

United Kingdom government policy to increase social security claimants' entry to the labour market through conditions attached to unemployed, sickness and incapacity benefits now includes additional measures to activate particular groups such as lone parents and drug users. The latter are a prime target because of their high level of dependency on benefits and because social security rules are seen as having the potential to modify the behaviour of individuals with a lifestyle regarded as being at odds with the moral obligations of citizenship and incompatible with the government's realization of its wider economic and social goals. There are strict procedures for the identification of drug‐user claimants, enabling additional conditions to be attached to their benefit rights. This article discusses the general trend in benefit reform towards increased conditionality and evaluates the reforms affecting drug users, considering human rights and other implications. It concludes by reflecting on the status of conditional rights to social security as social rights.     

Donor, father or parent? Conceiving paternity in the Australian Family Court

Planned parenthood within the international lesbian and gay communities has attracted considerable attention and controversy in the past decade. On 5 April 2002, Guest J of the Family Court of Australia acknowledged a lesbian couple as resident parents of 2-year-old 'Patrick'. This judgement was remarkable in that it signalled a break with the well-documented international legal non-recognition of lesbian non-biological parents. However, the judgement was actually a loss for the two women, who had initiated legal proceedings in a bid to have the biological father's contact visits with the child reduced. Contrary to their wishes, the biological father was awarded increased contact and a notion of 'father' was separated in law from 'parent.' In this article, via analysis of the judgement, several issues are examined. First, one dilemma Guest J was faced with was: are the best interests of a child in a lesbian-parented family served by recognizing a father as a means for a child to make sense of his biological origins, or, by allowing the child to form and maintain a 'father-like' social relationship? This dilemma made visible the somewhat arbitrary and subjective nature of the 'best interests' standard when it comes to deciding between characterizations of paternity that recognize the symbolism of biological connections versus those that recognize the blood tie as grounds for a regular paternal social relationship. In the absence of an obvious 'best interests' conclusion, the judge found himself in the difficult position of assessing both the original terms or intent of the parental agreement between the parties and the quality of the existing social relationship between biological father and child. It is argued that his assessment of both issues was, at times, coloured by an unsubstantiated assumption that the lesbian parents' concept of kinship was irrational. The 'Patrick' case also indicated the extent to which lesbians and gay men may have entirely different expectations and understandings of 'known donor' relationships. This finding is contextualized within broader historical and political developments within lesbian and gay cultures. The author's conclusion is that there is a pressing need for legislative, policy and community-based initiatives to guide and assist individuals who identify with these communities in the task of bringing children into the world.     

Pre-Appointment Scrutiny Hearings in the British House of Commons: All Bark,or Some Bite?

In 2007 British Prime Minister Gordon Brown agreed that House of Commons committees should start holding pre-appointment hearings for key public appointments. This was initially welcomed by MPs, who viewed it as an important step towards limiting executive power and strengthening the role of parliament. However, following the appointment of the Children's Commissioner against the advice of the relevant select committee, many MPs became disillusioned with the hearings. Based on extensive interviews with those involved in the appointments process, this article argues that while committees may lack formal veto power over appointments, they do have considerable influence. Most candidates said they would not have taken up their appointment against the advice of the select committee. So pre-appointment hearings should not be dismissed as pointless, but rather seen as an important mechanism through which committees can exert influence over public appointments. This tells us two important things about the powers of legislatures. First, it confirms that legislative influence is far more subtle than the simple exercise of veto powers, as scholars have long noted. But second, it also demonstrates that even the most central actors in the process (the MPs) may not appreciate this fact.     

The importance of ethics in the law curriculum: essential or incidental?

Recently, the debate as to whether ethics should be a compulsory requirement of a law degree was refuelled when the English and Welsh Legal Education Training Review (LETR) recommended that professional ethics should be primarily addressed in vocational Legal Services and Education Training programmes and that learning outcomes in the academic curriculum should include reference to morality and the law, the values supporting the legal system and their connection to the role of lawyers. This debate is also occurring in other jurisdictions. In Australia the debate is focused on the proposal that ethics be removed as a compulsory subject in the law degree. This proposal has raised a concern that law students will be denied the opportunity to develop as ethically competent lawyers. This paper argues for the continuation of ethics as a core component of a law degree and evidences the model used for the teaching of ethics in the law degree at the University of Technology Sydney in support of our argument. The background to the model is examined to highlight the significance of student feedback and ongoing curriculum review, including the alignment of parallel pedagogical factors. This model serves as an example of not only why ethics should be core to a law degree but, in order to provide graduates who are ethical and reflective practitioners, why ethics should be pervasively taught throughout the degree and supported by an introductory and capstone presence.