Delivering Legality on the Internet: Developing Principles for the Private Provision of Commercial Law

The development of commercial trade on the Internet has generateda demand for commitment services not met by publicly providedlaw. In this environment, privately provided means of deliveringlegality to support trade have emerged, supplying "trust" and"assurance" services through digital certificates and digitalseal programs. I survey these developments and from them generatea set of principles to guide economic analysis of privatelyprovided commercial law.     

Enoch Powell and the Conservative Party: Reflections on an Ambiguous Legacy

This article examines Enoch Powell's ‘Rivers of Blood’ speech in relation to the Conservative party. Powell's speech created an additional challenge to a Conservative party already weakened by the loss of the 1964 and 1966 elections and by the failure of the newly elected leader, Edward Heath, to impress his authority decisively on the party. Powell had some parliamentary support but his real following was concentrated in the Conservative grass roots. Powell lost the support of the liberal‐minded Shadow Cabinet; but after 1968 the Conservatives nevertheless moved to the right on the issue, especially after Mrs. Thatcher became leader in 1975. His speech has cast a long shadow as the party has sought to modernise in more recent times and to appeal to a more racially diverse electorate.     

Fair and Expeditious Pre-trial Proceedings: The Future of International Criminal Trials

In recent times it has been argued that international criminalproceedings are too costly, too long and no longer politicallyor financially viable. This article proposes several ways inwhich pre-trial proceedings in international criminal trialsmay be fairly expedited. The author argues that more judicialinvolvement in the pre-trial phase could assist in reducingthe length and ineffectiveness of international criminal trials.     

Under the radar: policing non-violent domestic abuse in the US and UK

Physical violence is but one of many tools that may be used to gain greater power within intimate relationships, yet the legal response has been critiqued for failing to recognise and respond to the full spectrum of abusive behaviours, such as coercive control. Using a sample of police officers from the United States (US) and the United Kingdom (UK), the current study utilises hypothetical vignettes to assess police officers’ perceptions of domestic abuse, including those incidents that are not necessarily physically violent, but involve stalking and other coercive, controlling behaviours that are harmful and require intervention. Within- and between-country similarities and differences were analysed. Findings revealed that the majority of officers in both countries possessed a good level of understanding of domestic abuse and how they should respond to it – amidst and beyond the physical violence. However, our analysis of both quantitative and qualitative data also showed that the use of physical violence is at the forefront of many officers’ expectations about domestic abuse, and that when physical violence is absent, the police response is less proactive. Our study finds some support for the idea that non-physical abuse does go “under the radar” to some extent for some officers, and that this is more the case for American officers than their British counterparts. Findings are discussed in terms of context of the research sites and implications for policy, practice and future research.     

Framing the Choice Between Cash and the Courthouse: Experiences With the 9/11 Victim Compensation Fund

In this article I report the results of a quantitative and qualitative empirical study of how those who were injured or lost a family member in the September 11, 2001, terrorist attacks evaluated the tradeoff between a cash payment—available through the Victim Compensation Fund—and the pursuit of litigation. Responses make it clear that potential plaintiffs saw much more at stake than monetary compensation and that the choice to forego litigation required the sacrifice of important nonmonetary, civic values: obtaining and publicizing information about what happened, prompting public findings of accountability for those responsible, and participating in the process of ensuring that there would be responsive change to what was learned about how the attacks and deaths happened. The results shed light on the framing component of the transformation of disputes, and in particular on how potential litigants see the decision to sue, or not, as a decision as much or more about how they understand their relationship to their community and their responsibilities as a citizen as how they evaluate monetary considerations.     

Narrative Swerves: Grand Narratives and the Disciplines

Beer explores the legacies of Jean-François Lyotard's proclamation of the death of 'grand narratives', including the gendered dimension of their fall-out in a 'domestication' or everydayness despised because it is perceived to hold no possibilities for invention and newness. Beer does not, however, seek to reinvent 'domestication', but rather to explore the possibilities of the 'narrative swerve': a model of narrative as flexible rather than totalizing. Its possibilities emerge in the philosopher Richard Rorty's account of 'irony' (which he genders as a female trope) and, more powerfully, in the 'trickster' figure of folk-tale which takes on new resonances in postmodern feminisms and in contemporary literature. Rorty's ironist ultimately controls language and meaning through her characteristic device of quotation marks, containing words while disclaiming responsibility for them. A more enabling site for the trickster (conceived by Beer as an enabling feminist thought-tool and not as an identity for women to assume) and for the narrative swerve might, paradoxically, be found in scientific studies, which are, and despite their declared ideals of coherence and testability, fascinated with the relations of deviation and rule. Thus we find spaces-between and across the 'two cultures' as well as other cultural borderlines - for productive knowledge-testing and knowledge-making which are neither held fast by 'grand narratives' nor wholly abandoned in and to their dereliction.     

Writing the Self: the journal of Sarah Stoddart Hazlitt, 1774–1843

This paper is concerned with Sarah Stoddart Hazlitt and her text, Journal of My Trip to Scotland, written in 1822 and first published by Le Gallienne in 1893. The journal was written during a three-month trip to Scotland and Ireland as Sarah awaited the progress of divorce proceedings from her husband, the essayist, William Hazlitt. The article looks at the journal in its context as travel writing of the Romantic period and examines Sarah's identities performed in the text.     

Safeguarding Children's Welfare in Non‐Contentious Divorce: Towards a New Conception of the Legal Process?

This article considers the working of the current procedure intended to ensure the welfare of children when their parents divorce but are not seeking any orders relating to them. It shows that the process is ineffective in safeguarding children's welfare and is not geared to ensuring that their wishes and feelings are taken into account. It argues that the focus of policy should shift away from assuming that the legal system can handle the problems of divorce, towards using the legal process as a point of contact through which families can be offered the full range of services they may need during relationship breakdown.