Non-Voluntary Return? The Politics of Return to Afghanistan

The forced removal of 35 Afghan nationals from the UK in April 2003 calls into question the viability of the government's voluntary repatriation schemes and undermines the voluntary nature of return programmes. This article draws on the results of research conducted in 2002 to explore the views of the Afghan community about return. We evaluate three motivations for promoting return programmes: justice-based arguments, where return is the 'end of the refugee cycle'; human capital explanations, which focus on individual decisions to reverse the effects of brain-drain; and burden-relieving explanations, where return is an alternative to repatriation. Our findings suggest that domestic interest based arguments, rather than those founded on the protection of human rights, are driving the policy-making agenda. Returns are portrayed as a means of relieving the burden on welfare services, and placating an increasingly anti-immigrant public opinion. As well as individuals forcibly removed from Britain, other Afghans are being urged to return by means of financial inducements, and sometimes under the threat of repatriation. In this context, we can discern a new category of 'non-voluntary' returns where individual choice has little real meaning.     

The experience of civil partnership dissolution: not ‘just like divorce’

Between 2012 and 2014 I interviewed some of the earliest civil partners to dissolve their partnerships about their experience of dissolution. When I presented my findings, most family lawyers responded that dissolution was ‘pretty much like divorce’. And so it was, in many respects; but I thought that such comments missed an important difference. This article focuses on the legal understandings of gays and lesbians who have undergone dissolution of their civil partnerships, and on their experiences of it. This seemed to me significant for three reasons. First, the experiences of lesbians and gay men have historically been marginalised, pathologised or absent from legal accounts and the dominant legal consciousness. In this research they would be put centre-stage. Second, the institution of civil partnership – transient though it may turn out to be – deserves study as the point of entry into legal recognition and regulation of same-sex couples’ relationships in the UK. And, third, it is this precise history that makes it different from marriage, and dissolution different from divorce, whatever the similarities in legal treatment.     

‘Everybody Did It’—or Did They?: The Use of Oral History in Researching Women’s Experiences of Smoking in Britain, 1930–1970

From having been predominantly a masculine habit in the late nineteenth and early twentieth centuries, cigarette smoking was adopted by flappers and film stars in the 1920s and 30s, symbolising new types of femininity. However, it was not until the economic and social dislocation of the Second World War that substantial numbers of women began to smoke cigarettes. This article draws on oral history material to explore the reasons why women took up smoking during and following the Second World War. It suggests that smoking among women became more acceptable in a wider range of circumstances following the War, reflecting the adaptability of the cigarette and its role in negotiating an increasingly diverse range of femininities. The article examines the impact of current anti‐smoking discourse on smoking narratives, as interviewees set up opposing discourses of social acceptance in their youth and awareness of the health risks today.     

Pre-verdict Judicial Fact-finding in Criminal Trials with Juries

In criminal trials with a jury, judges have many opportunitiesto engage in adjudicative fact-finding before the jury retires.English law has no conceptual framework for examining this judicialfact-finding which encompasses two categories of collateralfact (preliminary and underlying fact) and foreign law. A thirdcategory of collateral fact (conditional fact) is decided bythe jury. The article examines the nature of judicial fact-findingand the history and rationale for this allocation of fact-findingresponsibility between judge and jury.     

Truth, Reconciliation and Settler Denial: Specifying the Canada–South Africa Analogy

Canada??s Truth and Reconciliation Commission (TRC) is tasked with facing the hundred-year history of Indian Residential Schools. The South African Truth and Reconciliation Commission is frequently invoked in relation to the Canadian TRC, perhaps because this is one of the few TRCs worldwide that Canadians know. Whilst the South African TRC is mainly applauded as an international success, I argue that loose analogizing is often more emotive than concise. Whilst much indeed can be drawn from the South African experience, it is important to specify the Canada?CSouth Africa analogy. In this article, I do so by focussing on the institutional approach to truth and how this relates to issues of settler/White denial. The South African experience teaches that narrow approaches to truth collude with superficial views of reconciliation that deny continuities of violence. Consequently, I argue that Indigenous?Csettler reconciliation requires a broad truth that locates residential schools on a continuum of violence, linking extraordinary abuses with structural injustices and historic colonization with lived relationships.     

Women in the shadow war: gender,class and MI5 in the Second World War

During the Second World War, the women employed in Britain’s secret Security Service (MI5) far outnumbered their male colleagues, with a ratio of twelve women for every five men. Their numbers grew rapidly over the course of the war and by 1941 stood at over 800. Despite the vast influx of female labour into the agency, attitudes towards the role of women in intelligence, be it as wartime workers or as secret agents, demonstrated remarkable continuity with those of the interwar period. Women were near universally restricted to subordinate roles; typically of clerical and secretarial nature in the case of office staff. Similarly, internal attitudes regarding those traits which produced the best agents and intelligence officers, shaped by wider understandings of both masculinity and social status, demonstrated considerable resilience. Drawing upon declassified official records, this article argues that MI5’s wartime experiences did little to alter the agency’s attitudes to gender.