Effect of family rupture and recomposition on the children of New France

Using the biographies of nearly 10,000 children born in New France during the seventeenth century, this study looks at the phenomenon of single parenthood from the children's point of view. Since separation and divorce were uncommon during this period, marital disruptions only occurred through the death of one of the partners. In New France, half of all children witnessed the disruption of their parents' marriage before having reached emancipation. The article examines the impact on family characteristics (family size and number of emancipated children), as well as the contribution of age-ranking within the family to the likelihood that the children would live in a reconstituted family.     

Positive Obligations and the International Criminal Tribunals’ Law of Detention: Funding Family Visits and the ICC Presidency’s Ngudjolo Decision

This article addresses the issue of whether the international criminal tribunals are under an obligation to fund family visits for indigent detainees. It examines the concept of positive obligations and its relation to the detention situation and describes the practice of funding family visits as it has developed at the International Criminal Court. It further analyses relevant developments in the Court’s case law. It argues that the Court is indeed obliged to fund family visits. In this regard, the mere recognition of a detainee’s right to family visits in the tribunals’ legal frameworks andin international soft-law penological standards can be said to inadequately reflect the particularities of international detention.

     

When industrial policy shapes public sector reform: Total quality management in Britain and France

Approaches seeking to explain the development of TQM ideas in government are very much ‘business‐centric’. The goal of this article is to show that in reforming the public sector, policy‐makers did not simply follow the lead of the private sector because ‐ in the case of TQM ‐ the private sector was itself, to some extent at least, led by government. In the mid‐1980s, Britain and France launched nationwide ‘quality initiatives’ which provided money for businesses to buy management consulting expertise. Through the implementation of these policies, consultants built channels of communication with the state, and this subsequently opened possibilities for consultants to help transfer TQM ideas from the industrial policy area to the field of public sector reform.     

Do Social Relationships Protect Victimized Children Against Internalizing Problems?

We investigated whether social relationships protect children against the effects of victimization on internalizing problems. We used data from the Zurich Project on the Social Development of Children and Youths. Victimization at age 8 years was associated with internalizing problems at age 9 years. Victims who had siblings, warm parents, and a good relationship with the teacher had less severe internalizing problems than those who did not, providing evidence for a protective effect of social relationships. Friendships with classmates were not found to be protective. Furthermore, social relationships did not protect victims more than nonvictims.     

Rule-making, rule-breaking? Law breaking by government in the Netherlands and the United Kingdom

This article concerns a relatively novel issue: rule breaking and unlawful conduct by government bodies; to which degree does it occur, what is the nature of this misconduct, what are the underlying motives, and what are the consequences and possible solutions? Rule and law breaking is harmful for the credibility and integrity of a state and its law enforcement system. However, very little empirical research has been carried out into this issue, in comparison to research into state crime. There is little clarity about how public actors deal with criminal and administrative laws and rules in areas like environmental protection, safety regulations and working conditions. Do government bodies set a good example? Is their behaviour better or worse than the public and businesses? An analytical framework for research will be presented and also the results of an extensive research project in the Netherlands; the main themes of which have been benchmarked against data from the United Kingdom. The article will conclude with a summary of the main findings and a number of suggestions for further research and policy development.     

Trial Argumentation: The Creation of Meaning

My purpose is to analyze lawyers creating meaning in three well-known cases in Anglo-American legal history: Commonwealth v. Woodward (1997) the famous Boston ‘nanny’ case, the O.J. Simpson Murder Trial (1995), and the John Peter Zenger Libel Case in Colonial New York (1734). In each case, creative lawyers were able to shift the question before the jury from the formal legal question—did Woodward and Simpson commit murder? Did Zenger publish libelous material?—to issues of vengeance and catharsis, and of the ability of the legal system to represent the community’s sense of justice.