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.     

The Integration of Environmental Principles in the World Bank

Given the scale and the complexity of the events of internation society, it is obvious that the law of that society must, sooner, rather than later, form itself into a legal system at least as rich and complex as the more advanced national legal systems.     

Propensity to Negotiate and Career Advancement: Evidence from an Investment Bank that Women Are on a "Slow Elevator"

Women are underrepresented at senior levels in most companies. This article examines whether gender differences in the propensity to negotiate contribute to this pattern. Based on a behavioral experiment run in a major investment bank in the United States, I found that fewer women than men are willing to negotiate, but employees who have a propensity to negotiate are promoted on average seventeen months more quickly than those who do not. Women advance more slowly than men, which accounts for the underrepresentation of women in senior positions. I conclude that gender differences in the propensity to negotiate partially explains why women are on a "slow elevator" to the top.