Risk Factor Models for Adolescent Verbal and Physical Aggression Toward Fathers

Using a French-Canadian population-based longitudinal data set, we examine the impact of socioeconomic factors (paternal education and family structure); inherent individual factors (child gender and developmental trajectories of physical aggression from early to later childhood, problematic substance use), family environment (concurrent parent-child involvement, parental problematic substance use), and prospective and concurrent parenting process variables (mean parental supervision at puberty, concurrent punishment practices) as predictors of adolescent-directed aggression against fathers (in the last 6 months). A childhood behavioral pattern characterized by physical aggression showed the highest risk of adolescent-directed verbal and physical aggression toward fathers, regardless of sex. In terms of parental practices, verbal (and not corporal) punishment in the last 6 months significantly predicted aggression toward fathers. A childhood life-course of violence is likely to culminate in aggression toward fathers during adolescence. Beyond this risk, it seems that harsh verbal punishment by parents builds up the odds of child-directed aggression against fathers.     

Undermining Prima Facie Consent in the Criminal Law

Even when a person appears to have consented to another’s interference with her interests, we sometimes treat this apparent consent as ineffective. This may either be because the law does not permit consent to validate the actions concerned, or because the consent is undermined by the presence of additional factors which render it insufficiently autonomous to be effective. In this paper I propose that the project of categorising and systematically analysing the latter set of cases, would be furthered by recognising (1) that prima facie consent is undermined when the prima facie consenter’s autonomy to choose whether or not to consent has been unfairly constrained, and (2) that theoretical and doctrinal clarity can be promoted by analysing the factors that unfairly constrain autonomy in the criminal law using a framework developed in contract law to determine analogous questions arising in relation to assent to a contract.     

S. Hopgood,The Endtimes of Human Rights,Cornell University Press,Ithaca & London 2013, xv + 255 pp. ISBN 978-0-8014-5237-6.

Netherlands International Law Review -     

Legalism and English Administrative Law: Comment on Sterett

In a recent issue of this journal (Volume 15, Number 4, Fall 1990), Susan Sterett examined the role of the Law Commission in the development of English administrative law. She suggested that the Commission mimicked a "peak association" and adopted an "idiom of legalism" in order to justify its reform proposals. This comment disagrees with Sterett on three grounds. First, the role and constitutional position of the Commission is far more complex than Sterett suggests, and this affects the way in which the Commission works. Second, judges and academic lawyers were central to the reform of substantive principles of judicial review in the 1960s and 1970s, making it unnecessary for the Law Commission to act in this field. Finally, it is wrong to ignore the fact that much administrative law occurs outside the judicial review procedure.