Magnetic law: Designing environmental enforcement laws to encourage us to go further

The European Union has some of the world's most ambitious and highly developed environmental laws on its books, but their effectiveness is severely compromised by non-compliance. With the UNECE Aarhus Convention (1998), Europe launched an innovative legal experiment, democratizing environmental enforcement by conferring third party citizens and environmental non-governmental organizations (ENGOs) with legal rights of access to environmental information, public participation, and access to justice in environmental matters. Based on some 2000 surveys and over 150 interviews with stakeholders from three Member States – France, Ireland, and the Netherlands – we adopt a holistic, 360° perspective, capturing the views of regulated parties, NGOs, and the general public on this private governance experiment. Our data provide important new insights into the practical effectiveness of Europe's laws enabling private environmental enforcement, its (intended and unintended) effects on farmers' compliance decisions in the vital area of nature conservation, and how law might be used to stimulate pro-environmental predispositions.     

Blinking Subjects; Blinking Justice? – Law,Medicine and the PVS Patient

This paper argues that in medical discourse, there is insufficient unanimity of opinion with regards to the time at which an accurate diagnosis of PVS can be made and that clearly, there is an incomplete medical knowledge of the PVS condition. The judiciary chooses neither to question medical opinion that patients can be considered to be in PVS despite a failure to satisfy the diagnostic criteria, nor medical opinion that patients in `near PVS' will never recover. It is apparent from an examination of the judgements given in PVS cases that the law does not ascribe such individuals with full human status. Such a legal position is particularly problematic in ethical terms when applied in cases involving patients who are in a `near PVS' position, and in the light of evidence that some PVS diagnoses are inaccurate. The application of the best interests test in PVS cases results in the adoption of a paternalistic, objective approach that fails to respect the former competent individuals whom PVS patients once were. If, alternatively, the substituted judgement test were to be adopted, the principle of individual autonomy would become central to the question of whether PVS patients' treatment should be withdrawn. Furthermore, the application of this test would also ensure that PVS patients continue to be viewed as `persons'.     

Spouse-Specific Dependency Scale: Scale Development

Extreme emotional dependence in the primary relationship has been noted as a central motivational feature in wife abuse. We report the development of gender-specific scales on dependency specific to the marital relationship. One hundred fifty nine items were assigned to 15 scales according to conceptual similarity, and administered to 196 individuals in steady dating relationships. Principal components analysis followed by item analysis resulted in three factors that best represented the 15 rational scales for both men and women: Anxious Attachment, Exclusive Dependency, and Emotional Dependency. Clinical implications are discussed and areas for further research are suggested.     

Gender mainstreaming and the framing of women's rights in Europe: The contribution of the Council of Europe

Drawing on published materials from the Committee of Ministers, Assembly and expert working groups of the Council of Europe, this paper investigates the distinctive contribution made to the framing of women's rights over the last two decades by this regional organisation, which recent studies of the `Europeanisation' of public policies have largely neglected. Elements of congruence are identified between the major mobilising themes of second wave feminism and the Council's emphasis on protecting individual rights, and its sensitivity to the incompleteness and shortcomings of `actually existing' democratic institutions and practices. The relative openness of its agenda-setting processes is also underlined. The Council's flag ship policies for women are shown to have centred since the mid-1980s on a `politics of presence' frame and the (contested) concept of `parity democracy', and the tensions between these and the more recent turn to gender mainstreaming are explored. But the paper also points to the Council's role in diffusing into the E.U. governance arena women's claims to equal participation and presence in the policy process, and notes recent French and U.K. legislation as testifying to the continuing salience of these claims at the national level. This revised version was published online in July 2006 with corrections to the Cover Date.     

Effects of Partner Violence and Physical Child Abuse on Child Behavior: A Study of Abused and Comparison Children

This study tests a model of the effects on child behavioral outcome of the child's exposure to partner violence and child abuse, in children who have experienced the two forms of victimization either separately or together. Recognizing that family contextual factors play an important role in influencing child outcome, an ecological model is proposed that designates family stress as the principal exogenous factor, with effects on child outcome mediated through caretaker distress, partner violence, and child abuse. The sample consists of 100 confirmed cases of physically abused New York City schoolchildren, ages 9 to 12 years, and their families, and 100 nonmaltreated classmates, matched for gender, age, and, as closely as possible, for race, ethnicity, and socioeconomic status, and their families. Child behavioral outcome is assessed by classmates for antisocial, prosocial, and withdrawn behavior and by parents and teachers for externalizing and internalizing problem behavior. Results are generally consistent with the hypothesis that partner violence and caretaker distress, both associated with family stress, increase the risk for child abuse and thereby raise the child's risk for poor outcome. Implications of differences among raters for the model's applicability, and implications of the results for clinical intervention, are discussed.