CHOOSE TO HUG,NOT HIT*

This article discusses reasonable chastisement of children as a defense by parents to assault charges. It suggests that its continued retention contravenes the rights of children and the United Nations Convention on the Rights of the Child. It compares developments in various countries, such as the Scandinavian countries and New Zealand, where the defense has been abolished, as compared with the United States, United Kingdom, Canada, and Australia, where it has been retained. It suggests that its continued retention encourages bullying and violence in schools and in later adult life.     

INVISIBLE PARTIES: LISTENING TO CHILDREN

This article discusses how children are involved in family court proceedings in New Zealand. On July 1, 2005, the Care of Children Act 2004 came into force. One of the changes brought about by this Act is an increased expectation that children will participate in proceedings involving them, by the court giving the child a reasonable opportunity to express his or her view. Children may participate in three ways, the primary mechanism being through the lawyer for the child. Children's views can also be elucidated through a specialist report, and direct participation can be achieved through judicial interviews. As each child is different, it is important that the unique circumstances of the case are accounted for. This article will discuss how each of the three methods can be combined to tailor an approach that gives every individual child a reasonable opportunity to express his or her view. There are a number of examples given of this approach in practice, showing how the court has adapted the process to accommodate the child's situation and personality.     

Women Ninety Years On: a quiet revolution

In this article, the 2008 annual lecture of The Women’s Library, London Metropolitan University, the author reflects on the ninety years since 1918 when certain categories of women over the age of thirty (about 8 million) won the right to the parliamentary vote in Britain. In particular, women’s participation in politics in societies worldwide is discussed.     

The impact of international human rights norms—a “law undergoing evolution”

Abstract

In this paper, the author outlines the history of, and reasons for, the growing impact of international human rights jurisprudence upon the work of judges in New Zealand, Australia, England and elsewhere in the Commonwealth of Nations. Formerly, international and domestic law were virtually entirely separate. But now, there is increasing legal authority to support the use of international human rights jurisprudence in domestic judicial decision‐making. It can be done in the application of constitutional or statutory provisions reflecting universal principles stated in international treaties. But, according to the Bangalore Principles, it can also be done where there is a gap in the common law or where a local statute is ambiguous. The judge may then fill the gap or resolve the ambiguity by reference to international human rights jurisprudence which will ensure that domestic law conforms, as far as possible, to such principles.

In its decision in Tavita, the New Zealand Court of Appeal declared this to be “a law … undergoing evolution”. The author outlines some of the impediments and problems for the evolution. But he also collects the reasons why it is a natural and inevitable phase of the common law in the current age. He suggests that judges should be aware of the developments. In appropriate cases, they should inform their decisions with relevant international human rights jurisprudence. That will at least ensure that they develop domestic human rights law in a principled way, consistently with international law, and not in an idiosyncratic fashion “discovering” new fundamental rights which may otherwise be criticised as mere judicial invention.     

Influencing expert judgment: Attributions of crime causality

Purpose. The present research aimed to investigate the effects of attribution on expert clinical judgment in comparison to semi‐experts and laypeople. Two research questions were addressed. First, would experts be less subject to attributional manipulations, in terms of their perceived ratings of dangerousness, than would semi‐experts or laypeople? Second, would experts be less subject to attributional manipulations, in terms of their assessments of offender responsibility, than would semi‐experts or laypeople? Method. A 3×3×2 mixed groups design was implemented. Participants read nine crime scenarios that had been internally or externally manipulated. For each scenario, participants were asked to rate offender dangerousness, offender responsibility, and the seriousness of the crime and to suggest a suitable sentence length. Targeted recruitment was employed, yielding 12 experts, 21 semi‐experts, and 22 laypeople. Results. Offenders were considered to be more responsible for their actions and more dangerous to others in the internal manipulations than in the external ones across all crime types and by all levels of expertise. Findings indicate that semi‐experts are less subject to the influence of attributional manipulations than both experts and laypeople. Marked similarities in the pattern of expert and lay person judgments can be observed from the present analyses. Conclusions. The current findings lend support to previous research in the area in that similarities between expert and lay person judgment were observed. However, through expanding and clarifying the levels of expertise investigated, the current findings highlight the need for greater research into the distinct ‘semi‐expert’ group.