Extreme Concern: Regulating 'Dangerous Pictures' in the United Kingdom

This article begins with an exploration of section 5 of the recent Criminal Justice and Immigration Act 2008, otherwise known as the 'Dangerous Pictures Act' which outlaws the possession of 'extreme images', and the Rapid Evidence Assessment belatedly used to justify the legislation. We then examine the claims of the growth, dissemination, and widespread availability of material which 'glories in sexual violence' and its putative 'effects'. This current crisis over the meanings of pornography highlights the rhetorical function of the conceptual discourse of 'pornographication', its links to problematic figurations of the consumer or viewer of explicit materials, and how the identification of 'extreme' pornography has given voice to a range of anxieties about media spectacularization of the body. We end by arguing that opposition to the legislation is not just a matter of protecting personal freedoms or refusing to recognize the existence of harms; instead, we propose that academics will need to question the very parameters on which the impulses to legislate are based.     

Working Across Difference: Theory,Practice and Experience

Back in October 2015 I had the opportunity to chair the book launch for all three works discussed in this review essay. At the event, Shirley Anne Tate said, “Black feminist theory is the theory”. The comment referred to how it is not ‘just’ that Black feminist theory is typically marginalised within institutional contexts and academic scholarship, ‘even’ within critical, feminist and poststructural work, but also to highlight the capacity of Black feminist scholarship to unpick and destabilise the known and knowable in ways that are profoundly ontological, and which offer potential routes to meaningful social change through the hard task of working across difference. The three books reviewed here by Shirley Anne Tate, Suryia Nayak and Shona Hunter are theoretically rich and complex in breadth, scope and range, drawing on extensive Black feminist scholarship, as well as critical race, critical feminist, psychosocial, psychoanalytic, postcolonial, decolonial and poststructural approaches. Each book is embedded in everyday practices and social processes, offering multi-layered movement across different spatial-social and affective scales in ways that allow ‘big’ insights to emerge from the locatedness and particularity of human experience. They are reviewed in turn and some concluding comments identify important commonalities across the texts.     

The Recognition,and Res Judicata Effect,of a United States Class Actions Judgment in England: A Rebuttal of V ivendi

United States' courts have proven willing to certify multi‐jurisdictional class actions which purport to adjudicate the claims of both American and foreign (i.e., non‐US‐domiciled) class members. This article contends, however, that a class actions judgment/settlement issued by a US court would not be recognised, and would not be given preclusive effect, in England, should absent English class members wish to re‐litigate the same grievance before an English court. Specifically, it is argued that two separate preconditions for such recognition and preclusive effect would fail, viz, a US court would usually lack the requisite ‘personal jurisdiction’ over absent English class members; and the necessary ‘identity of parties’ would be absent. The article seeks to anticipate the appropriate answer to a conundrum which is certain to arise for future English judicial consideration, whilst acknowledging the uneasy fit which currently exists between English private international law and multi‐jurisdictional class actions.     

Green for gold: social and ecological tradeoffs influencing the sustainability of the Brazilian soy industry

In this study we assess the sustainability of the Brazilian soy industry over the past 40 years in comparison to alternative land uses. We conclude that Brazilian soy production performs as well as or better than sugarcane or cattle production in a number of areas, including macroeconomic contributions, local economic development and land use efficiency, though it involves similar tradeoffs between growth and equity, and food production and conservation. While there is no evidence that soy has reduced food security in Brazil, tax redistributions and value-added activities from soy remain limited, particularly in comparison to sugarcane production. Emerging environmental governance measures have helped to reduce the land cover impacts from soy; however, little effort has been taken to minimize the impacts of intensification.     

A Criminal Injustice System? Sex Offender Suspects and Defendants

The purpose of this paper is to open up a discussion regarding the potential shift from the presumption of innocence to a presumption of guilt regarding those suspected of or charged with sexual offending. It is acknowledged that further investigation is needed and it is hoped that this discussion is one of many. The crux of this paper therefore is that sex offender suspects and defendants potentially find themselves in a criminal injustice system. Whilst the focus is predominantly on ‘victims’ (usually female) and people suspected or charged with sexual offending (usually male) within the criminal justice system in England and Wales the concerns articulated here are not confined to this context. For example such concerns are echoed in relation to the potential injustices occurring on American campuses. This demonstrates that this is a domestic and international situation and a situation that extends beyond the criminal justice system. We argue that what is occurring at home and abroad has to be contextualised with regard to public, media and official attitudes and approaches to ‘victims’, suspects, defendants, sex, sexual consent, sexual offending and a subsequent shift from the presumption of innocence to a presumption of guilt. It is argued that not only is the presumption of innocence undermined by the presumption of guilt regarding suspects and defendants in cases of sexual offending, it is also undermined in England and Wales by the victim personal statement (VPS). The VPS contains and promotes the idea that there is a ‘victim’ and ‘offender’ before this has been legally established in a court of law. These assumptions embodied within the VPS weaken the principle and practice of the presumption of innocence. The safeguard of the presumption of innocence is potentially under threat and the result is an even greater potential for miscarriages of justice and wrongful convictions.     

Weird Lullaby Jane Campion's <Emphasis Type="Italic">The Piano</Emphasis>

This article examines the construction of woman's voice, gaze and desire in Jane Campion's Oscar-winning film The Piano, 1993, with particular reference to the film's central character, Ada, and to the traditional female figures which her character suggests - siren, mermaid, Little Red Riding Hood, Bluebeard's wife. It investigates the ways in which The Piano interrogates and disturbs traditional patriarchal narratives, ways of speaking and seeing, and patriarchal constructions of bodily pleasure and desire; revealing these as partial, hard of hearing, short sighted and incapable of pleasure. It argues that while the film succeeds in this interrogation, it goes further in its attempt to envisage forms of speech, sight and pleasure which do not conform to traditional models based on the notion of rigid oppositions between self and other, masculine and feminine, active and passive. Instead, by focusing on mutual pleasure, sensuality, communication and the ability to be moved, it sets in motion ‘other’ ways of experiencing and understanding women's voices, looks, desires.It concludes that The Piano articulates a demand for an encounter with men, in which women are neither marginalized as ‘the feminine’ nor re-incorporated into a patriarchal order; and imagines the possibility of both autonomy and connection, power and pleasure.     

Justice Enhanced: Framing an Opt-Out Class Action for England

This article contends that the absence of an opt-out class action remains a yawning gap within English civil procedure. Various recent reform proposals have favoured opt-in procedural vehicles as the way forward. However, key features of these proposals – an opt-in approach and the use of a representative claimant – are subject to considerable reservations in jurisprudence from both England and elsewhere. Following a critique of these features, the article proposes that an 'opt-out regime with brakes' should be introduced, taking into account both the requirement for proportionality under the Civil Procedure Rules, and the invaluable lessons provided by the established Commonwealth statutory class actions regimes.