Book Reviews

Book Review in This Article:
L aw and E thics in the P ractice of P sychiatry . Edited by Charles K. Hofling, M.D.
M ale P ractice : H ow D octors M anipulate W omen . By Robert S. Mendelsohn, M.D.
N urse P ower . By Karen O'Rourke and Salley Barton     

Cracking Through Hegemonic Ideology: The Logic of Formal Justice

In this analysis I argue for the independent effects on social change of the internal logic of formal justice. Institutionally, oppositional ideas that challenge the legitimacy of a hegemonic system emerge in “safe spaces” that subordinate groups create within a culture dominated by hegemonic ideas. The oppositional ideas derive in part from an existing informal culture of opposition, access to repertories of contention, and favorable openings in the political system. In addition, however, these ideas are often propelled independently by the logic of formal justice, in which, when the reasons for separate treatment have been discredited, equality is the default option. The analysis demonstrates the power of this logic and suggests that it spreads through the mechanism of “organized activist” variation and “everyday activist” selection.     

Exploring application of the Interpersonal-Psychological Theory of Suicidal Behaviour to self-injurious behaviour among women prisoners: Proposing a new model of understanding

The current study examines the application of capacity, psychological distress, coping and personality to an understanding of self-injurious behaviour, with a specific focus on testing the Interpersonal-Psychological Theory of Suicidal Behaviour (IPTSB). One hundred and ninety women prisoners took part, completing a history questionnaire and measures of personality, coping styles and psychological distress. It was expected that self-injurious behaviour would be predicted by higher levels of emotional functioning difficulties, by an increased capacity to engage in such behaviours, by previous self-injurious behaviour, decreased levels of emotional stability and increased levels of emotional coping behaviour. Results supported the capacity component of the IPTSB, indicating that an increased history of self-injurious behaviour and of engagement in reckless behaviour were particular predictors. Increased psychological distress in some domains was also a predictor although the exact domain varied across the type of self-injurious engagement Increased levels of extraversion and decreased emotional coping predicted increased self-injurious engagement, although emotional coping only related to threats and cognition. The results point to the applicability of Interpersonal-Psychological Theory to understanding self-injurious behaviour and the importance of developing a revised model. The paper presents this in the form of the Integrated Model of Self-Injurious Activity.     

Reforming the Role of Magistrates: Implications for Summary Justice in England and Wales

The role of lay magistrates in England and Wales has been progressively undermined by protracted processes of reform over the last two decades. Current government proposals aim to reorient and ‘strengthen’ their function through the creation of new magisterial responsibilities such as oversight of out of court disposals and greater involvement with local justice initiatives. This article argues that while these proposals embody necessary and important areas for reform, taken in isolation they will fail to consolidate the role of magistrates in summary justice unless they are enacted alongside other measures which aim to reaffirm the status of lay justices, and which seek to reverse the trend which has prioritised administrative efficiency at the expense of lay justice. Rapidly declining magistrate numbers together with continuous (and continuing) programs of court closures are irreconcilable with the future viability of a lay magistracy.     

Arresting Women: Pro-arrest Policies,Debates, and Developments

Police departments across North America have adopted pro-arrest policies in intimate partner violence (IPV) cases with the intent of constraining police discretion and providing better protection for IPV victims. It has been suggested that an unintended consequence of pro-arrest policies has been an increase in the number of women arrested for IPV when their behavior is defensive rather than aggressive. Concern about inappropriate arrests of women is particularly pronounced in cases of dual arrest. This study examines the arrests and court processing of 2,736 women in heterosexual relationships accused of IPV offences in Winnipeg, Canada. The characteristics of accused and court processing of dual and sole arrested women are examined. Dual arrested women are less likely to be prosecuted than sole arrested women. We explore whether an effective ‘primary aggressor’ policy can reduce dual arrests, which are the cases most likely to be dropped at the prosecution level.     

Towards Law and Music

Through a review of Sara Ramshaw’s, Justice as Improvisation, the essay evaluates recent scholarly directions in the interdisciplinary field of law and music. The essay considers both methodological and epistemological questions motivating this scholarship, and argues that there yet remains the opportunity to pursue with even greater specificity the meaning of music, in terms of its own vocabulary and genre. The new field of law and music is slowly but surely combining these formal considerations with an ever richer vocabulary, and a richer inter-disciplinary dialogue not just about jazz but with it. What might have been a somewhat sterile exercise in virtuosity is turning into a fully-fledged interdisciplinary claim, with its own methodology and its own epistemology, capable of illuminating not just law or music, but both in light of the other.