Feminism and the Flat Law Theory

This article examines two modalities of law, depicted spatially as the vertical and the horizontal. The intellectual background for seeing law in vertical and horizontal dimensions is to be found in much socio-legal scholarship. These approaches have challenged the modernist, legal positivist and essentially vertical view of law as a system of imperatives emanating from a hierarchically superior source such as a sovereign. In keeping with the socio-legal critical tradition, but approaching it from the perspective of legal philosophy, my aim is to address three matters. First, why is vertical law problematic for feminists? Second, what are the theoretical characteristics of law in its horizontal register? Third, how is an appreciation of this ‘flat’ law useful for feminist legal theory and practice? In particular, I consider the ways in which feminist legal theory operating in the horizontal dimension can transgress, without transcending, the vertically determined perimeters of the nation state.     

Block Grants: A Perennial, But Unstable, Tool of Government

During 1995 and 1996, the Congress and the president gave considerableattention to block granting over $200 billion in federal intergovernmentalgrant programs, ranging from large entitlement programs to smallerprograms in housing, vocational education, and law enforcement.In the end, the record of successes was modest—highlightedby welfare-reform legislation that, in some respects, resembleda block grant and in others did not. The contrast between processand outcomes in this most recent block-grant cycle reinforcesthe point that block-grant prospects depend on fundamental fiscal,political, and programmatic forces that are separate from federalismconsiderations. The states' maturation as leaders in many domesticpolicy areas strengthens the performance rationale for blockgrants. The federal fiscal crisis will continue to stimulateinterest in block grants among fedeal as well as state policymakers.The proposals offering the greatest fiscal advantage (i.e.,Medicaid and AFDC) may not be those with the strongest performancerationale. Although recent congressional developments suggeststronger support for states, nationalizing forces remain embeddedin domestic policymaking. Thus, substantial questions remain,posing obstacles to a fundamental and sustained role for blockgrants in the federal system.     

EVERYONE'S DOING IT! CODES OF ETHICS AND NEW SOUTH WALES PARLIAMENTARIANS‘ PERCEPTIONS OF CORRUPTION

Abstract: Everyone is doing a code of ethics. But when can codes do good? To find out we interviewed New South Wales parliamentarians about their perceptions of corruption in 10 scenarios weighted from least to most corrupt. The cases were drawn from John Peters and Susan Welch's theory of corruption. We note similar studies in the United States and Canada. There is confusion about ethics, and we note that the episodes of corruption in the 1980s suggest ethical standards could be elevated. Perhaps the most significant conclusion is that parliamentarians come to think alike about corruption in the middle of their careers. Those who want to see ethics enhanced should aim at induction, education, and counselling within parliament. Here codes, if supported, have a role to play. Improvement will not be achieved by searching for a saintly parliamentarian. We found those most sensitive to corruption to be the least and most senior members.     

‘Magdalens and moral imbeciles’: Women's homes in nineteenth-century New Zealand

The potential for women's charitable work in nineteenth-century New Zealand was restricted by colonial women's initial isolation from each other and involvement in domestic life, and also by early government assumption of responsibility for welfare. Rescue work provided one of the few outlets for women's voluntary charity, and reflected the sanction given to women's role as a moral, civilising force in colonial society. It illustrates women's role in the development of social work, the limitations of this role in nineteenth-century New Zealand, and modifications to it in the space of three decades. The arguments used to justify women's involvement in rescuing ‘fallen’ members of their own sex were similar to those used in the later nineteenth-century, when women activists sought wider involvement in public life. It is argued that a power based upon moral influence was narrow in scope and ultimately restrictive in the New Zealand context.     

Major study commencing into genetic discrimination in Australia

This article describes a nationwide empirical study that will be undertaken during the next three years into the newly emerging phenomenon of genetic discrimination. In particular, the study aims to investigate the nature and extent of genetic discrimination in Australia across three key perspectives: consumers, third parties and the legal system. Further, the study aims to examine the social and legal implications of genetic discrimination, with a view to making recommendations for use in the Australian legal and policy context. It is anticipated that the data produced from this multifaceted investigation will assist in identifying areas where legal or other reforms are required. It will contribute significant baseline data for facilitating ongoing assessment of the nature and extent of the problem, as well as for longitudinal evaluation of the impact and effectiveness of any reforms which may be introduced in the future to address the issue.     

A Tale of Two Towns: Assessing the Role of Political Resources in a Community Electronic Network

In this study we examine responses to the recent expansion of information technology in two rural Minnesota towns. One of these towns took a cooperative approach to technology access, developing a community electronic network, while the other town relied on a more individualistic, entrepreneurial model. The present study examines citizens' attitudes concerning social, political, and technological issues in these two communities, with the goal of uncovering what kinds of attitudes and resources citizens need to have in order to help support and sustain a community electronic network. Structural equation modeling is used to specify the relationships among individuals' economic, political, and social resources, technology ownership and use, and awareness of and support for the community network. Drawing on a theory of social capital, we consider the relative importance of privately- oriented social engagement versus publicly- oriented political engagement in relation to collective outcomes. Our analysis shows that in the town with the broadly- based community electronic network, individuals' political as well as economic resources are linked to knowledge and use of computer resources, whereas in the comparison community, economic stratification alone drives computer access. The implications of these findings for issues of equity, access to technology, and the development of strong community ties are discussed.