The legal profession's beautiful myth: surveying the justifications for the lawyer's obligation to perform pro bono work

This article considers some of the substantive and normative claims underlying the performance of pro bono work by lawyers – that lawyers have always done pro bono work and that it is an essential element of what it means to be a lawyer. Following a brief survey of global pro bono activity, the article considers some of the drivers for pro bono work. It identifies three main streams of thought regarding the obligation to perform pro bono work, characterised as the historical arguments, the public service argument, and the ‘lawyer as gatekeeper’ or monopoly argument. Following an analysis of each position, the article concludes that while the historical evidence for a pro bono tradition is not strong, and that the public service and monopoly arguments are open to dispute, there is nonetheless a very strong ‘mythical’ force associated with pro bono work. Its power may thus lie as much in its ability to motivate altruism among lawyers, as it does in any historical or theoretical basis.     

Microfinance and women's empowerment: A lesson from India

This article describes an NGO project intended to empower scheduled caste women working in the silk-reeling industry in India through the provision of microfinance. It documents the impact that the project had on their economic and social status over a period of time and highlights the negative consequences of excluding male relatives from playing any meaningful role. It suggests ways in which the project might have been made more male inclusive while still empowering women. At the same time, it acknowledges that even if the men's hostility to the project had been overcome, the women's micro enterprises were unlikely to have been viable commercially. This is because the project insisted that the women operate as a group in what was a high-risk area of economic activity, with no clear strategy as to how their work could be sustained.     

The presence of feminism in the future of welfare

This article argues that the contribution of second wave feminism to new welfare practice and provision is greater than recent discussions of welfare reforms have acknowledged. Along with other new social movements and grass-roots welfare campaigns, feminist activism and its critiques provide an important moral and political case for a new welfare society. This paper proposes four principles which underpin such a case – autonomy, mutualism, inclusive diversity and voice. Aspects of these are discussed, developing, in particular, an argument for a political ethic of care.     

‘Substantial and Radical Change’: A New Dawn for Scottish Criminal Procedure?

This paper discusses the recommendations of the Carloway Review, which was established to review law and practice in criminal cases following the introduction in Scotland of a right to legal assistance during detention. A number of recommendations are made in the Review, including the introduction of stricter time limits governing the detention of suspects, the removal of the corroboration requirement, the rejection of adverse inference provisions, and a change in the manner in which the appeal court deals with cases referred to it by the Scottish Criminal Cases Review Commission. It is argued that while some of these recommendations are to be applauded, others are poorly reasoned and some may lead to a dangerous reduction in protection against wrongful conviction.     

Book reviews

Improving the quality of public participation in council decision making continues to be a key goal of local government 'modernisation'. Different rationales for this have been advanced, including consumerist aims of service improvement, participation as an important value in itself, and participation as a survival strategy for local government. Based on surveys of, and interviews with, councillors and senior officers in Scottish local government, this article explores the ways in which concepts of 'consumerism' and 'citizenship' inform councils' approaches to public participation.     

When Should a Retrial be Permitted After a Conviction is Quashed on Appeal?

The power to permit a retrial after a conviction has been quashed on appeal is an established part of criminal procedure, with over a third of successful appeals against conviction in England and Wales now resulting in a retrial being ordered. Despite this, relatively little attention has been paid to the circumstances in which it is appropriate for such permission to be granted. This article reviews the practice of the courts, offering a rational reconstruction of the reported cases. It argues that appeal courts have improperly entered into consideration of matters which should properly be reserved to prosecutorial discretion. While retrial after a quashed conviction should only be possible with the permission of the appeal court, such permission should – where sought – always be granted unless insufficient competent evidence was led at the first trial or a second prosecution would be an abuse of process.