量刑轻缓化趋势与非监禁刑

一、序言苏格兰的刑法与英格兰和威尔士有显著差异。在英格兰和威尔士 ,刑法基本上是一种以制定法规定犯罪的制度 ,该制度对每一种犯罪都有明确规定的刑罚 ,通常表现为法定最高刑。而在苏格兰 ,大多数刑事犯罪的法律渊源是普通法 ,也就是那些来源于 1 70 7年以前苏格兰议会所颁布的古老法案 ;或者来源于著者们所描述的无可追忆的惯例 ;或者来源于法庭在适用法律过程中对法律所作的发展的法律。一般而言 ,苏格兰法律中的法定犯罪是指那些规定于英联邦议会颁布并适用于整个英联邦国家的制定法中的犯罪—例如道路交通、毒品和攻击性武器等领域…     

Racism and Xenophobia: A Brief Note on the Scottish Experience

This short article plots expressions of racism andxenophobia in Scotland from the 15th to the 20th Centuries andnotes that in modern Scotland social divisions on the ground ofrace or religion have been dealt with without bloodshed. Theauthor hopes, that with the introduction of the EuropeanConvention on Human Rights into the domestic laws of the UnitedKingdom, this will continue to be the case in the 21st Century.     

making politics visible: discourses on gender and race in the problematisation of sex-selective abortion

This paper examines the problematisation of sex-selective abortion (SSA) in UK parliamentary debates on Fiona Bruce’s Abortion (Sex-Selection) Bill 2014–15 and on the subsequent proposed amendment to the Serious Crime Bill 2014–15. On the basis of close textual analysis, we argue that a discursive framing of SSA as a form of cultural oppression of minority women in need of protection underpinned Bruce’s Bill; in contrast, by highlighting issues more commonly articulated in defence of women’s reproductive rights, the second set of debates displaced this framing in favour of a broader understanding, drawing on postcolonial feminist critiques, of how socio-economic factors constrain all women in this regard. We argue that the problematisation of SSA explains the original cross-party support for, and subsequent defeat of, the policies proposed to restrict SSA. Our analysis also highlights the central role of ideology in the policy process, thus making politics visible in policymaking.     

Coercion, Consent and the Forced Marriage Debate in the UK

An examination of case law on forced marriage reveals that in addition to physical force, the role of emotional pressure is now taken into consideration. However, in both legal and policy discourse, the difference between arranged and forced marriage continues to be framed in binary terms and hinges on the concept of consent: the context in which consent is constructed largely remains unexplored. By examining the socio-cultural construction of personhood, especially womanhood, and the intersecting structural inequalities that constrain particular groups of South Asian women in the UK, we argue that consent and coercion in relation to marriage can be better understood as two ends of a continuum, between which lie degrees of socio-cultural expectation, control, persuasion, pressure, threat and force. Women who face these constraints exercise their agency in complex and contradictory ways that are not always recognised by the existing exit-centred state initiatives designed to tackle this problem.

Ethnic origin of the victim as an aggravating factor in sentencing sexual offenders

This article examines R v Jamal Muhammed Raheem Ul Nasir, a Court of Appeal case where leave to appeal against a seven-year custodial sentence for sexual offences against children was refused. The appellant argued that his sentence length was excessive because the judge viewed the female victims’ ethnic and religious origin as an aggravating factor. In light of a number of charities’ condemning the judgment, this article evaluates whether the Court of Appeal made the correct decision, particularly in the wider context of sentencing principles. It also considers whether causing shame to a victim and her family can be regarded as an aggravating factor when sentencing sexual offences, and discusses the circumstances where the victim’s ethnic origin should be taken into account.     

Do Citizens Really Shop between Decentralised Jurisdictions? Tiebout and Internal Migration Revisited

Tiebout predicted that differences in service provision and tax rates across regions would lead citizens to migrate to their preferred jurisdiction. This central tenet of the fiscal federalism literature has rarely been explored outside the North American context. This paper delves into this gap in the literature by examining the factors that undermine Tiebout's prediction. It undertakes an international comparative analysis drawing upon recent innovations in the measurement of internal migration that facilitate country comparisons. While some of Tiebout's ideas find limited support, the overall weight of evidence suggests a weak link between internal migration and decentralisation     

The road not taken: international aid's choice of Copenhagen over Beijing

A decade after the United Nations conferences on gender equality and social development, this paper explores their policy origins and discusses their differential impact on international aid since 1995. The author draws on her direct experience to consider why Copenhagen led to Poverty Reduction Strategies and the first Millennium Development Goal, whereas Beijing has become largely invisible in the mainstream world of aid. She argues that the powerful influence of economic rational choice theory associated with bureaucratic modes of thought has meant that the central debate in development policy has remained that of growth versus equity. Beijing's agenda of societal transformation offered another paradigm of development that has remained marginal. The paper concludes with a proposal. If international aid policy could handle more than one paradigm and thus be more open to different ways of thinking about economy, society and politics, aid agencies would be better able to support transformative processes for social justice.