Richall Holdings v Fitzwilliam: Malory v Cheshire Homes and the LRA 2002

Richall Holdings v Fitzwilliam, holds that Malory v Cheshire Homes is binding in relation to the Land Registration Act 2002. Newey J saw himself as bound by that decision because he could find no relevant distinction between the provisions of the Land Registration Act 1925, and the Land Registration Act 2002. There are however significant differences in the general system of registration that is established. In particular the different roles of section 20 LRA 1925, and section 29 LRA 2002 mean that Malory was not binding and indeed ought not to have been followed. In addition, the treatment of the priorities rules in Richall misinterprets section 29 LRA 2002. Finally, the decision by‐passes the rectification and indemnity provisions of schedules 4 and 8. The decision ought to be overruled.     

Narrative,Theatre, and the Disruptive Potential of Jury Directions in Rape Trials

Over the past 30 years, the Australian state of Victoria has made numerous reforms to a set of jury directions purporting to address concerns that rape trials do not adequately respond to the reality of sexual offending in the community. Building on work identifying the predominant narratives mobilised in rape trials, in this article we consider whether the way in which a jury consumes information during a trial explains why the jury directions, positioned and utilised as they are, appear to have been inadequate to the task of enabling juries to re-imagine evidence through alternative narrative frameworks.     

Book reviews

Hauptstadtsuche. Hauptstadtfunktionen im Interessenkonflikt zwischen Bonn und Berlin, Frankfurt a. M. By Klaus von Beyme. (Edition Suhrkamp 1709, Neue Folge 709) Suhrkamp Verlag, 1991.

Enlargement without Accession: The EC's Response to German Unification. RIIA Discussion Paper no. 36. By David Spence. London: Royal Institute of International Affairs, 1991. £5.00 pb.

A History of Germany 1815–1990. Fourth Edition. By William Carr. London: Edward Arnold, 1991. £12.95 pb.

The End of the East German Economy. By Philip J. Bryson and Manfred Melzer. Basingstoke and London: Macmillan, 1991. £40.00 hb.

Federal Republic of Germany and EC Membership Evaluated. Edited by Carlchristoph Schweitzer and Detlev Karsten. London: Pinter, 1990. £30.00 hb.

Postmodern Politics in Germany: The Politics of Resentment. By Hans‐Georg Betz. Macmillan: Basingstoke and London, 1991. £35.00 hb.

Germany in the Twentieth Century. By David Childs. London: Batsford, 1991. £25.00 hb.

Upheaval against the Plan: Eastern Europe on the Eve of the Storm. Edited by Peter R. Weilemann, Georg Brunner and Rudolf L. Tökes. Oxford: Berg, 1991. £27.50 hb.

Germany and European Integration. The Common Agricultural Policy: an Area of Conflict. By Gisela Hendriks. Oxford: Berg, 1991. £25.00 hb.

Britain's Policy for West German Rearmament 1950–1955. Cambridge Studies in International Relations 13. By Saki Dockrill. Cambridge: Cambridge University Press, 1991. £27.50 hb.     

Exploring the Indirect Effect of Preference Discrepancy on Intimate Partner Violence

Preference discrepancy is the difference between partners’ ideal and real relationship, and is assumed to have a negative effect on the relationship. This study examines its effect on psychological and physical intimate partner violence perpetration and victimization, and hypothesizes this effect will be mediated through relationship satisfaction, communication quality and/or conflict resolution ability. A sample of 156 respondents participated in this study. Bias-corrected bootstrap analyses revealed indirect effects of preference discrepancy on psychological and physical violence victimization through conflict resolution. People with high preference discrepancy scores report lower conflict resolution abilities, and in turn, higher victimization rates. There was also a significant total effect of preference discrepancy on physical violence perpetration, suggesting high preference discrepancy increases the chance of using physical violence against one’s partner. Further investigation is thus recommended, to assess if preference discrepancy could function as an additional anchor in the prevention of IPV within couples.     

The Violence of Aid? Giving,power and active subjects in One World Conservatism

Abstract

Using ?i?ek's theorisation of power, we analyse the UK Conservative Party's Green Paper on international development, ‘One World Conservatism’ (OWC). We argue that by placing the West's giving of development aid as something beyond politics, on the moral high-ground of self-evident certainty, it acts to deflect attention from critical engagement with the nature of globalisation, power and aid itself, hiding both economic and epistemological violences behind the apparently benevolent act of giving. An analysis of the nature of the green paper demonstrates the ways in which it draws in UK citizens as active subjects complicit with this vision of the world.     

Public perceptions of India’s role as an international development cooperation partner: domestic responses to rising ‘donor’ visibility

The literature on South–South Development Cooperation (ssdc) has grown exponentially in the past few years. One focus of analysis has been how domestic institutions and agendas shape the approaches to development cooperation of different Southern partners. However, few analysts to date have commented on how the ‘ordinary’ general public of these countries might perceive or assess their country’s role in international development. Through a study based on interviews and media analysis, this paper attempts to tease out the slim evidence currently available on ‘public’ attitudes in India, concentrating, for reasons explained, exclusively on elites and ‘middle classes’. It argues that, while some domestic criticism will certainly accompany the growing visibility of Indian development cooperation, the attractive blend of discursive positioning and material benefits may provide the Indian government with broad support for its growing investment and profile in international development, or at least offset a degree of criticism. At present there appears to be little public discussion about whether and how India’s external role relates to domestic poverty, or the nature of growth and ‘development’ that India is helping to stimulate in partner countries. The paper also discusses ‘boundary making’ with China through the public construction of Indian development cooperation.