Expediency,Legitimacy, and the Rule of Law: A Systems Perspective on Civil/Criminal Procedural Hybrids

In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the enhanced procedural protections of the criminal law. By conceptualising the rule of law as a structural coupling between the political and legal systems, and due process rights as necessary and self-imposed limitations upon systemic operations, this paper employs a systems-theoretical approach to critique this balancing act between expediency and principle, and queries the circumstances under which legislation contravening the rule of law can be said to lack legitimacy.     

How Managers Can Reduce Household Water Use Through Communication: A Field Experiment

As populations increase and droughts intensify, water providers are using tools such as persuasive messaging to decrease residential water use. However, district-led messaging campaigns are rarely informed by psychological science, evaluated for effectiveness, or strategically disseminated. In collaboration with a water district, we report a field experiment among single-family households using persuasive messaging based on the information-motivation-behavioral skills model (IMB). We randomly assigned 10,000 households to receive different mailings and measured household water use. All messaging reduced water consumption relative to the control. On average, water use dropped 0.68 hundred cubic feet (HCF) (509 gallons) per household in the first month. Had all 10,000 single-family, occupied, non-agricultural residences been mailed the IMB messaging, more than five million gallons would have been saved in the first month. The effects declined but persisted for approximately three months and were three to six times greater in households with high water use (75th to 90th percentiles) relative to average water use. These findings suggest that combining message elements from the IMB model can reduce residential water use and that targeting high-use households is particularly cost-effective.     

A Tarasoff for Europe? A European Human Rights perspective on the duty to protect

It has long been recognised by British courts that a psychiatrist can be permitted to depart from his/her duty of confidentiality, in order to issue a warning where a patient is deemed to present a real and serious threat to other parties. Until recently, however, it seemed that s/he would not be bound to give such a warning, or to take other steps to protect third parties. The approach adopted throughout much of the USA, and famously expounded in the Tarasoff judgment, appeared to have no relevance to British law. This article considers the possibility that the European Court of Human Rights' ruling in Osman v UK may be set to bring about a radical change in this respect, introducing something akin to the Tarasoff approach into the UK, and indeed throughout Europe. As well as the possible legal basis for such a duty, and the circumstances in which it would arise, it will consider how a psychiatrist might reconcile any such duty with other, more established, legal and ethical duties.     

Family formation and everyday travel in Britain since c.1850

This paper focuses on the extent to which everyday travel behaviour in Britain changes in relation to family responsibilities, and examines how this has altered over the past century and a half. It is argued that prior to the mid-twentieth century changes in the family such as increased child-care responsibilities barely influenced the modes of transport used for everyday travel, but that increasingly in the later twentieth century people adjusted their travel behaviour during the family formation phases of the life cycle. In particular, parents of young children have become more car-dependent and less likely to walk or cycle. Data are drawn from two separate projects, one that collected travel life histories from the past half-century as context for research on cycling in later life, and one that uses personal diaries to reveal everyday mobility strategies of people in the nineteenth and early twentieth centuries. It is argued that the observed changes are due not only to increased access to a wide range of different transport forms, especially the motor car, but also to changes in societal perceptions of risk and norms of travel behaviour. In conclusion, it is suggested that more awareness of past travel behaviours could aid the development and implementation of more sustainable transport policies in the UK.