Sentencing Domestic Homicide Upon Provocation: Still `Getting Away with Murder

Sentencing practices in cases of domestic homicide have been the object of critical scrutiny on previous occasions across a number of jurisdictions. It has been suggested by some that these practices reveal judges to be taking a more lenient approach to women who kill their violent male partners than to men who kill allegedly unfaithful female partners. This note evaluates claims of gender bias in sentencing practices in UK cases of domestic homicide following the Court of Appeal sentencing decision in R. v. Suratan, R. v.Humes and R.v. Wilkinson (Attorney General's Reference No.74, No. 95 and No. 118 of 2002) [2002]E.W.C.A. 2982 concerning three men who killed their female partners. It will argue that in the wake of this decision current proposals to review both the substantive law of provocation and sentencing practices are to be welcomed. This revised version was published online in July 2006 with corrections to the Cover Date.     

Intergovernmental Growth Management: A Partnership Framework for State-Local Relations

Growth management receives strong support as a policy concept.However, there are serious political reservations concerningits implementation. The Florida Growth Management Act is anexample of a well constructed policy that relies on a partnershipapproach to state-local relations. Its implementation during1989 has brought to light the difficulties in maintaining thatpartnership, mainly due to disagreements over responsibilityfor funding the infrastructure needed to manage growth. Statewillingness to negotiate revenue sources and responsibilityis essential to strong state-local relations. The complexitiesof financing growth management threaten the viability of strongplanning policy, regardless of its rationality.     

The scholar as artisan

In an age when there are increasing pressures on social scientists to produce knowledge that is directly relevant for dealing with problems confronting societies, it is useful to look at the scholar as an artisan. A producer-consumer relationship can then be identified. In such a relationship the kind of protection that consumers have under modern commercial codes for ordinary products should also protect them when they purchase the products of social scientists. While such protection is reasonable, it is not reasonable to have the state enforce the warranties. This might destroy the independent academy. The professoriate collectively must enforce the warranties in a guild-like manner.This essay is a revised version of a paper presented at a seminar sponsored by the International Studies Association at the Villa Serbelloni, Italy, in August–September 1971.     

Tracing the roots of social citizenship: Jane Addams’ thought between formal rights and moral obligation

The modern social citizen is a dual figure: at one and the same time a legal-universal abstraction and a particular living being with specific capacities, proclivities and attitudes. The Settlement movement from the late nineteenth century articulated and shaped both universal and particular dimensions of social citizenship. It contained the imperative of guidance of individual conscience and the modern discourse of universal social rights. The article demonstrates that it is impossible to maintain a division between, on one side, the subject of individualizing pastoral care originating in religious poor relief and philanthropy, and, on the other side, formal rights based on universalism and the modern state. The Settlement movement lies at the pathway of belief, subjective interpretation and respect for the particular person and at the pathway of factual knowledge of social patterns and large-scale policy reforms. The focus on the particular person as subject was the legacy of Christian piety, whereas the concept of universal citizen was associated with the rise of social science at the University of Chicago. We explore this paradox of the particular and the universal through the work of Jane Addams as both sociologist and founder of Hull House.     

We are all denizens now: on the erosion of citizenship

This article makes a contribution to the general theory of citizenship. It argues that there is a need for a supplementary concept of ‘denizenship’ to illustrate changes to and erosion of postwar social citizenship as famously described by T H Marshall. The first aim is to construct a more theoretically developed idea of what the concept of a ‘denizen’ means in sociological terms. In its conventional meaning, this term describes a group of people permanently resident in a foreign country, but only enjoying limited partial rights of citizenship. I label this Denizenship Type 1. By contrast, Denizenship Type 2 refers to the erosion of social citizenship as citizens begin to resemble denizens or strangers in their own societies. The argument then is that there is a general convergence between citizenship and denizenship. As such, Denizenship Type 2 provides a possible supplement to the various terms that have recently been proposed, such as flexible citizenship, semi-citizenship, or precariat to describe the attenuated social and economic status of citizens under regimes of austerity and diminished rights and opportunities. As the life chances of citizens decline, they come to resemble denizens. One illustration of this basic transition is to be found in the changing nature of taxation. This observation also allows me simply to observe that the political economy of taxation has been somewhat neglected in the recent literature on citizenship where questions about identity and subjectivity have become more dominant. As a result of these socio-economic changes, the modern citizen is increasingly merely a denizen with thin, fragmented, and fragile social bonds to the public world. The corrosion of the social, economic, political, and legal framework of citizenship offers a new slogan: ‘we are all denizens now.’     

European national news

The regular article tracking developments at the national level in key European countries in the area of IT and communications – co-ordinated by Herbert Smith LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the Journal's feature articles and Briefing Notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

Beyond People Versus Place: A Place-Conscious Framework for Investing in Housing and Neighborhoods

This article argues for a next generation of place-conscious strategies that recognize the importance of neighborhoods in the lives of families, but look beyond narrowly defined neighborhood boundaries to address market-wide opportunities and barriers, capitalize on demographic and market trends underway at the regional scale, and envision alternative models of how neighborhoods can function for their residents. It offers five principles for ongoing experimentation and knowledge building: (a) develop citywide strategies that promote both inclusion and redevelopment; (b) anticipate and plan for residential mobility and neighborhood change; (c) connect residents of poor neighborhoods to city and regional opportunities; (d) capitalize on the coming rental housing boom; and (e) use data for continuous learning and accountability. Advancing this agenda will require enhanced capacity for collaboration and governance at the local levels.