Tracing the Gordian Knot: Indeterminate‐Sentenced Prisoners and the Pathologies of English Penal Politics

This article explores some of the key pathologies of English penal politics by applying an interpretive political analysis perspective to the specific issue of the plight of the ‘prisoners left behind’, the thousands of indeterminate‐sentenced IPP (imprisonment for public protection) prisoners who remain incarcerated, notwithstanding the abolition in 2012 of this sentencing option targeted at ‘dangerous offenders’. The article draws on research findings from an ESRC funded study of penal policymaking to examine why the Gordian knot of the prisoners left behind has proved to be so hard to untangle. The broader lessons of this specific story are then set out. In particular, it is argued that the public and political debate around criminal justice has become damagingly narrow over recent years.     

Friendship,Recognition and Social Freedom: A Sociological Reconstruction

In Freedom’s Right, Axel Honneth articulates the social freedom of friendship with reference to its institutionalised norms. These action norms, however, are not specific to friendship; they apply to modern intimacy per se. Such non-specificity cannot adequately account for the experience of social freedom in friendship. Addressing this issue, I evaluate friendship as a form of recognition and identify a generative recognition deficit functional to its relational autonomy. Then, taking Honneth’s institutional approach to friendship as a point of departure, I ascertain an institutional deficit that both sustains friendship’s autonomy and constrains the generalisability of its social freedom by way of institutional connectivity to heterosexuality. I suggest that only a differentiating approach to friendship that fathoms its extraordinary position among interpersonal relationships can yield new insights. That done, friendship can in turn provide a prism through which to assess the conceptual approaches deployed in its analysis.     

The Salinity Crisis in Western Australia: A Case of Policy Paralysis

This article focuses on the Court government's development of a State Salinity Strategy during the 1990s which took nine years from the initial announcement to the final realease. Western Australia has 70 percent of the nation's dryland salinity, a figure widely regarded as representing a potential environmental disaster with significant flow-on economic and social impacts. The paralysis that has surrounded decision-making on this issue is examined as a case study in the lack of effectiveness of government policy-making capacity on the environment. The shortcomings of the Salinity Strategy examined in the article include a lack of a leadership role for government, inadequate resourcing and weaknesses in the supporting institutional arrangements.     

The uncertain future of US‐China relations

The coming months may be critical in determining whether it will be possible for the United States and China to forge a stable and productive relationship, says Harry Harding, Dean of the Elliot School of International Affairs, George Washington University. Problems are mounting in several sensitive areas of the relationship: human rights, trade, and security, and there remain differences between the two countries over Taiwan and Korea that could bedevil their bilateral ties. Furthermore, American critics of China are resuming their attacks on the relationship, charging that engagement has failed either to narrow differences or to promote common objectives. Harding argues that the benefits of the US‐China relationship are so great, and the costs of failure so large, that the two countries should make every effort to maintain the momentum toward building a constructive strategic partnership.     

Section 994 of the Companies Act 2006 and the Primacy of Contract

The Court of Appeal's decision in Fulham Football Club (1987) Ltd v Richards & Anor is both of interest and significance. By embracing the idea of the parties’ ability to ‘contract out’ of their statutory right to petition the court for relief under section 994 of the Companies Act 2006 (the so‐called ‘unfair prejudice’ remedy), their Lordships have not only contrived to stunt the future development of unfair prejudice as a minority shareholder remedy but, and more importantly for the purposes of this case note, their decision has reasserted and extended the contractual analogy in modern UK company law.