Levels of Generality in the Legal Reasoning of the European Court of Justice

The level of generality or of abstraction used to describe a precedent, a right, or the legislative intent behind a statutory provision or constituent purpose behind a constitutional provision can have a decisive impact on the outcome of a case. Characterising it in narrow terms has the effect of reducing the scope of decision of a judgment; conversely, a broader characterisation provides more leeway for a judge in a case to encompass its facts within the precedent, right or purpose in issue. The issue raised by the level of generality problem is the extent to which courts have a discretion or freedom of manoeuvre as to the level of generality they decide upon, and thus whether generality and abstraction are manipulable in the hands of judges and are not really predetermined by the legal sources in question or an established judicial method of interpretation. Uncontrolled judicial discretion of this kind is problematic from the point of view of the rule of law and democracy, especially when adjudication concerns constitutional provisions, the equivalent in the EU being interpretation by the European Court of Justice (ECJ) of the EU Treaties; reversal of ECJ interpretation through Treaty amendment is particularly difficult to achieve because it requires unanimous coordination by the Member States. This article examines two alternative ways of determining the correct or appropriate level of generality issue in ECJ interpetation, coherence or the legal traditions of the Member States, and argues in favour of the latter as a less subjective method. Application of the two alternative approaches is tested in two areas of EU law, state liability and criminal law.     

The perceived employability of ex-prisoners and offenders

A large-scale study was conducted to examine the perceived employability of ex-prisoners and offenders. Four participant groups comprising 596 (50.4%) employers, 234 (19.8%) employment service workers, 176 (14.9%) corrections workers, and 175 (14.8%) prisoners and offenders completed a questionnaire assessing the likelihood of a hypothetical job seeker's both obtaining and maintaining employment; the importance of specific skills and characteristics to employability; and the likelihood that ex-prisoners, offenders, and the general workforce exhibit these skills and characteristics. Apart from people with an intellectual or psychiatric disability, those with a criminal background were rated as being less likely than other disadvantaged groups to obtain and maintain employment. In addition, ex-prisoners were rated as being less likely than offenders and the general workforce to exhibit the skills and characteristics relevant to employability. Implications for the preparation and support of ex-prisoners and offenders into employment are discussed, together with broader community-wide initiatives to promote reintegration.     

Criminal network vulnerabilities and adaptations

The current paper aimed to investigate the effectiveness of five law enforcement interventions in disrupting and dismantling criminal networks. We tested three law enforcement interventions that targeted social capital in criminal networks (betweenness, degree and cut-set) and two interventions that targeted human capital (actors who possess money and those who possess precursor chemicals). These five interventions are compared with each other and with random (opportunistic) removal of actors in two settings: (i) with network adaptation incorporated into the simulations and (ii) without network adaptation. Results illustrate that the removal of actors based on betweenness centrality was the most efficient strategy, leading to network disruption in the least number of steps and was relatively consistent across replications. Targeting actors who possessed money was the second most effective overall and was also relatively consistent in its disruptive effect.     

A Narrative Approach to the Practice of Mediation

Thinking in narrative terms is proving useful in a number of disciplines. Such thinking has already contributed to a growing body of work in the family therapy field. Here, we seek to demonstrate the usefulness and applicability of the ideas developed by Michael White and David Epston (among others) to the practice of mediation. Distinctions are drawn from the problem-solving approach with regard to both basic theoretical assumptions and method. A transcribed mediation scenario is used to illustrate and comment on the techniques of narrative mediation in action.