苏格兰警务工作改革的八个热点问题

警务工作必须随着社会的发展变化而不断进行调整和改良。进入21世纪后,苏格兰社会发生了许多深刻的变化,与之相适应,苏格兰警察正面临着一系列挑战和问题。未来苏格兰警务工作改革包括八个热点问题,即社区警务、警察的领导与管理、打击犯罪工作、毒品问题、青少年问题、警察在整个刑事司法体系中的角色转变、警察责任与警察投诉以及中央警务与地方警务两种模式之间的选择。     

The Consequences of Collective Action: An Incomplete-Contracts Approach

Public policy may be determined as much by what cannot be agreed to by politicians and organized interests as by what can. Focusing on the inability of organized groups to credibly promise that their members will fully report revenues to tax authorities, I develop an incomplete-contracts lobbying model that shows that the provision of collective goods may be influenced by the anticipated tax compliance of economic sectors as well as by the organization of interests. Data from a survey of firms in Eastern Europe and the former Soviet Union are broadly supportive of the theory: the ability of firms to hide revenues from tax authorities rivals conventional collective-action variables in explaining variation in collective-goods provision, but only in that part of the postcommunist world where differences in revenue hiding across sectors are especially large.     

Understanding Ripple Effects: The Cross–National Adoption of Policy Instruments for Bureaucratic Accountability

This article examines different explanations for the cross–national diffusion of three recent innovations in bureaucratic accountability—the institution of the ombudsman, freedom of information legislation and data protection (information privacy) law. The first two explanations are based on the assumption that these innovations are by–products of modernization, either the growth of the state or democratization. The third assumes that policy is shaped through processes of international communication. A combination of methodologies is employed to conclude that while the growth of government and liberal democratic values are necessary conditions for the adoption of all three policy instruments, they are not sufficient conditions. The pattern of adoption observed is best explained by examining how evidence about these respective policies flows from adopting states to non–adopters. In the case of the ombudsman, this process can be characterized as one of lesson–drawing; for freedom of information, evidence is used for legitimation purposes; for data protection, the diffusion is attributable to harmonization through international organizations. Policy transfer is hence a multi–faceted concept that embraces a number of distinct processes of transnational learning and communication.     

Exploring uniformity and variability in local electoral outcomes: Some evidence from English local elections 1985–1991

A detailed analysis of English local elections between 1985 and 1991 seems to support the propositions that a proportion of electors hold contradictory local and national voting preferences at one and the same time; and that there is significant variation in party performance both between and within local authorities. The paper concludes that the stimuli to which electors respond in local elections are often those most relevant to the ‘context’ in which their vote is cast. If partisan dealignment has led to a greater willingness on the part of the electorate to regard voting as a matter of ‘horses for courses’, there may not only be a further fragmentation in the results of elections of all kinds but the parties may experience different degrees of success depending on the nature of the contest.     

The pregnant woman and the good Samaritan: can a woman have a duty to undergo a caesarean section?

Although a pregnant woman can now refuse any medical treatment needed by the fetus, the Court of Appeal has acknowledged that ethical dilemmas remain, adverting to the inappropriateness of legal compulsion of presumed moral duties in this context. This leaves the impression of an uncomfortable split between the ethics and the law. The notion of a pregnant woman refusing medical treatment needed by the fetus is troubling and it helps little simply to assert that she has a legal right to do so. At the same time, the idea that a pregnant woman fails in her moral duty unless she accepts any recommended treatment or surgery--however great the burden--is also not without difficulty. This article seeks to find a way between these two somewhat polarized positions by arguing that, instead of being a question primarily about whether legally to enforce moral obligations, the 'maternal-fetal conflict' begins with previously unrecognized difficulties in determining when a woman's prima facie moral rights invoked in the treatment context should 'give way' to the interests of the fetus. This difficulty is mirrored within the law. Thus, how can we tell when a pregnant woman has the moral or legal duty to submit to a caesarean section? Seen in this way, the conflict is a problem which lies at the interface between moral and legal rights and duties, showing that there are important conceptual links between the ethics and the law. Against this background, this article explores the limits of a pregnant woman's right to bodily integrity by focusing upon the idea of her moral duty to aid the fetus through her body. Here we find difficulties in determining the existence and extent of this somewhat extraordinary duty. Such a duty is contrasted with both negative and positive duties toward others in the course of 'general conduct.' Attention to the social context of pregnancy and the refusal of treatment within this is also instructive. Overall, the purpose is to foster understanding and acceptance of the current legal position.     

Decision analysis in forensic science

Forensic scientists are routinely faced with the problems of making decisions under circumstances of uncertainty (i.e., to perform or not perform a test). A decision making model in forensic science is proposed, illustrated with an example from the field of forensic genetics. The approach incorporates available evidence and associated uncertainties with the assessment of utilities (or desirability of the consequences). The paper examines a general example for which identification will be made of the decision maker, the possible actions, the uncertain states of nature, the possible source of evidence and the kind of utility assessments required. It is argued that a formal approach can help to clarify the decision process and give a coherent means of combining elements to reach a decision.     

Desperately seeking donors: the 'saviour sibling' decision in Quintavalle v Human Fertilisation and Embryology Authority (UK)

The recent House of Lords decision in Quintavalle v Human Fertilisation and Embryology Authority has raised difficult and complex issues regarding the extent to which embryo selection and reproductive technology can be used as a means of rectifying genetic disorders and treating critically ill children. This comment outlines the facts of Quintavalle and explores how the House of Lords approached the legal, ethical and policy issues that arose out of the Human Fertilisation and Embryology Authority's (UK) decision to allow reproductive and embryo technology to be used to produce a 'saviour sibling' whose tissue could be used to save the life of a critically ill child. Particular attention will be given to the implications of the decision in Quintavalle for Australian family and medical law and policy. As part of this focus, the comment explores the current Australian legislative and policy framework regarding the use of genetic and reproductive technology as a mechanism through which to assist critically ill siblings. It is argued that the present Australian framework would appear to impose significant limits on the medical uses of genetic technology and, in this context, would seem to reflect many of the principles that were articulated by the House of Lords in Quintavalle.