Don't Mention the War: The Court of Appeal,the Criminal Cases Review Commission and Dealing with the Past in Northern Ireland

Despite the vast transitional justice scholarship relating to prisoner release, amnesties and prosecutions when conflicts end, there is a significant gap in practice and academic literature regarding wrongful convictions. Uniquely amongst post‐conflict societies, Northern Ireland has a body for investigating miscarriages of justice, albeit one designed for ‘ordinary’ appeals. In the absence of a formal truth‐recovery process, criminal appeals are becoming a proxy for addressing the role of the state during ‘The Troubles,’ as well as remedying individual injustices. This article examines the approach of the Northern Ireland Court of Appeal during the conflict. It charts the developments in its decision‐making following the cease‐fires and the establishment of the Criminal Cases Review Commission. It concludes that the current system is unsatisfactory as it ignores the effects of the conflict on the appeal process and offers no insights into the role of the Court during the conflict. Alternative models are suggested.     

The three dimensions of online child pornography offending

Abstract

The internet has opened up opportunities for non-contact sex offending, such as the viewing of child pornography. This paper proposes a model for the classification of child pornography offenders as an aid for their assessment and treatment, deducted from empirical studies and existing typologies for child pornography offenders. Different subgroups of child pornography offenders may be described according to three dimensions: (1) type of offending, (2) the motivation behind child pornography offending and (3) the situational and social engagement in the offending behaviour. Distinct pathways of child pornography offending can be identified, related to differing criminogenic needs, severity of offending, and appropriate assessment and treatment strategies for the offenders.     

Social networks and the study of relations: networks as method,metaphor and form

Abstract

Networks have recently become fashionable in social analysis but most of the new network approaches have paid scant attention to the long history of reflections upon the potential of networks as an analytical device in the social sciences. In this paper we chart the developments in networking thinking in two disciplinary areas – social network analysis and social anthropology – in order to highlight the enduring difficulties and problems with network thinking as well as its potential. The first half of the paper explores the uses of network approaches over the past fifty years, situating theoretical and methodological questions in their broader disciplinary contexts. The authors then show how emerging issues from both bodies of work offer the promise of new kinds of networking thinking.     

Less fighting than expected

While all-pay auctions are well researched experimentally, we do not have much laboratory evidence on wars of attrition. This paper tries to fill this gap. Technically, there are only a few differences between wars of attrition and all-pay auctions. Behaviorally, however, we find striking differences: As many studies, our experiment finds overbidding in all-pay auctions. In contrast, in wars of attrition we observe systematic underbidding. We study bids and expenditures in different experimental frames and matching procedures and tie in with the literature on stepwise linear bidding functions.     

Chasing the Dragon: trust assets caught by the divorce courts

The recent Court of Appeal decision in Charman v Charman [2007]EWCA Civ 503 provides the latest analysis of the courts' approachin apportioning assets in ‘big money’ divorce casesand pays particular attention to the treatment of assets settledinto offshore trusts.     

Must the Surgeon Take the Pill? Negligence Duty in the Context of Cognitive Enhancement

Recently, attention has turned to the possibility of enhancing human cognitive abilities via pharmacological interventions. Known as ‘cognitive enhancers’, these drugs can alter human mental capacities, and in some cases can effect significant improvements. One prime example is modafinil, a drug used to treat narcolepsy, which can help combat decreases in wakefulness and cognitive capacity that arise due to fatigue in otherwise healthy individuals. In this paper, we respond to calls in the philosophical and ethical literature that surgeons and other medical professionals should be morally obliged to take cognitively enhancing drugs. We examine whether surgeons who make fatigue‐related errors during patient care might be considered legally obliged to enhance themselves. We focus on liability for a failure to medicate, and conclude that it is highly unlikely that surgeons will be legally obliged to address their fatigue through the use of cognitive enhancing drugs.