Cervical manipulation--how might informed consent be obtained before treatment?

This article discusses methods and mediums of obtaining informed consent in physiotherapy clinical practice, specifically in relation to cervical manipulation. Whilst cervical manipulation is a useful method of treatment for spinal joint pain and dysfunction, it has also been shown to be ineffective or even positively harmful. Legal precedents have set boundaries for informing patients of such adverse consequences. However, a degree of uncertainty exists in the physiotherapy profession, as in other health care professions, as to how to obtain informed consent in a busy clinical setting in order to discharge the legal duties owed. Obtaining meaningful informed consent in clinical practice raises issues of patient comprehension, memory and decision-making capacity. A large quantity of research directed at enhancing patient understanding has been undertaken in recent years. The important findings are that a variety of communication methods and mediums need to be employed in both providing information and assessing patient understanding. A combination of verbal, written and audiovisual information provides patients with maximum opportunity to be involved in treatment decisions.     

The relationship between schemas and offence supportive attitudes in mentally disordered sexual offenders

Abstract

The study of schemas in sexual offenders is a relatively new approach in attempts to understand the deviant beliefs and attitudes of sexual offenders. Emerging findings suggest that offence supportive attitudes may be the product of an offender's underlying schemas. This study aims to establish the relationship between offence supportive attitudes and schemas in a sample of mentally disordered sexual offenders (MDSOs). Thirty-one male sexual offenders held within low through high security forensic mental health units were assessed using the Young Schema Questionnaire - Short Version 3 and the Questionnaire on Attitudes Consistent with Sex Offending. Correlational analyses suggested a pattern of relationships in which Insufficient Self-control, Entitlement and Enmeshment arose as the schemas associated with most offence supportive attitudes. This supports a relationship between schemas and offence supportive attitudes in MDSOs and is consistent with the literature to date. Implications for further research and treatment are considered.     

Would John Stuart Mill have Regulated Pornography?

John Stuart Mill dominates contemporary pornography debates where he is routinely invoked as an authoritative defence against regulation. This article, by contrast, argues that a broader understanding of Mill's ethical liberalism, his utilitarianism, and his feminism casts doubt over such an assumption. New insights into Mill's approach to sex, sexual activity, and the regulation of prostitution reveal an altogether more nuanced and activist approach. We conclude that John Stuart Mill would almost certainly have accepted certain forms of pornography regulation and, in this light, we argue that Mill can provide the foundation for new, liberal justifications of some forms of pornography regulation.     

“How an Ordinary Jury Makes Sense of it is a Mystery”: Barristers’ Perspectives on Rape,Consent and the Sexual Offences Act 2003

The Sexual Offences Act 2003 introduced significant reforms to the offence of rape, amid concerns regarding the low reporting and conviction rates for rape. One of the key aims of the Act was to improve the law relating to consent, in order to assist a jury in their decision making process. In addition, disquiet had been expressed with regards to the subjective nature of the mens rea of rape. Consequently, the 2003 Act reformulated the law so as to introduce an objective test. This article discusses the findings of a qualitative research project undertaken with 14 Barristers in the North West of England, in order to investigate counsels’ opinions regarding the 2003 reforms. Drawing upon data collected from semi-structured interviews, the article examines barristers’ perspectives with regards to the definition of consent, the ‘consent presumptions’, and the reformulated mens rea. In conclusion, it will be argued that while the barristers were not overly optimistic about the reforms introduced by the 2003 Act, they were also opposed to further reform to the substantive law and increased jury directions. Barristers argued that the law relating to rape should remain as simple as possible.     

Teaching Dissent in the Law School: Have Students Learned to Disagree?

This paper offers an analysis of the qualitative evidence obtained from a research project in relation to the teaching of a module on the Trials of Dissenters in the context of an undergraduate law degree. It will consider whether a pedagogically innovative course has encouraged and enabled undergraduate law students to think more creatively on the issues raised by specific historic trials and to be prepared to construct more critical and open ended arguments. The study of the Trials of Dissenters, we hoped, would encourage our students to dissent both from the standard model of legal education and from the acceptance of what lecturers say as “true”. We here consider the success of our project in relation to how students view dissent.