The limits of agency: Emily Hobhouse’s international activism and the politics of suffering

Abstract

This article pieces together the activism of the British welfare worker and feminist-pacifist Emily Hobhouse (1860–1926) during two largely unrecorded episodes of transnational activism: firstly, her ministry of Cornish miners in Virginia, Minnesota, in the United States; and secondly, her interventions during the period of reconstruction following the South African War (1899–1902). The article endeavors to contextualize Hobhouse’s activism and offer a broader understanding of the limitations and restraints on her actions. Ultimately, her activism required a platform that was in the gift of political actors and establishment figures, and dependent on fluctuations within specific political and bureaucratic situations. Based on close inspection of undocumented material in both South African and British archives, the article investigates Hobhouse’s repertoire of missionary and philanthropic roles within a wider context of humanitarian politics. It demonstrates how women’s activism and their behind-the-scenes politicking informed political decision-making in modern imperial and international affairs.     

Subjects with agency? Children’s participation in family law proceedings

Galvanised by the UN Convention on the Rights of the Child, many jurisdictions now recognise children’s rights to participate in decisions that affect them. While such legal rights have increased, research on family law proceedings shows how children’s views can still be undermined, ignored or not even sought in decisions about them. This article uses the academic resources of childhood studies, to consider dominant and alternative narratives of children’s participation within Scottish family law. Drawing upon reported case law and empirical research, the article concludes that children’s participation gains protection by being institutionalised but children’s participation is attenuated because it is not recognised as relational and contextual. As rationality, consistency and autonomy are privileged, the weight given to children’s views is lessened by concerns about children being manipulated or distressed. Courts and their decisions may be child-focused, centring on children’s welfare, but they are not child-inclusive, involving children in decision-making.     

Parenting and Safety Program for System-Involved Female Survivors of Intimate Partner Violence: A Qualitative Follow-up Study

This article reports findings from a qualitative follow-up investigation of a mandated parenting and safety program for system-involved female IPV survivors. Participants were contacted 12 months or more after program completion and invited to participate in individual interviews. The interviews focused on the longer-term life changes survivors attributed to the program. Data were collected from 38 survivors. Qualitative analysis determined 4 key themes: relationship changes (e.g., most women were no longer with abusive partners), parenting changes (e.g., improved communication and discipline strategies), personal life changes (e.g., improved help-seeking and self-esteem), and new or ongoing challenges (e.g., financial stress). Overall, findings suggest that tailored, mandated programming — when positive and empowering — may lead to some longer-term beneficial outcomes.     

Ignorance is bliss: self-regulation and Ag-Gag laws in the American meat industry

Abstract

In America, we like to say that we live in a democracy. Yet, it is difficult to believe that the majority would allow current practices to continue if citizens knew how the food animals they eat are treated – both during their short lives and during slaughter. The problem is that the citizens don’t know, and it is not a case of willful blindness. Take a moment to recall what you know about our meat industry. Can’t think of much? That is the goal of the meat industry: out of sight, out of mind. In several states, so called ‘Ag-Gag’ laws are designed to keep the truth from the public. In those states, it is a felony to obtain a job with the intent of being a whistle blower. The meat industry knows that if it were to be exposed, the public would demand better treatment of animals, a demand that would decrease profits for the meat industry. This paper will explain these ‘Ag-Gag’ laws in detail, explore their effect on our society, shed light on the practices that the meat industry tries – very successfully – to hide from voters and consumers, and examine the scary results that can occur when an industry is allowed to regulate itself.     

'Your personality is the intervention': a grounded theory of mental health nurses’ beliefs about hope and experiences of fostering hope within a secure setting

Hope is an important factor in psychological resilience and change, and recovery from mental health difficulties. Recently, there has been an increased focus on recovery-oriented practice within forensic mental health settings. Several policies include calls for mental health practitioners to inspire hope for recovery in the individuals they work with. However, there is little suggestion of how to implement such recommendations in practice or research exploring how staff foster hope in forensic settings. This study used grounded theory to explore nurses’ perspectives and experiences of hope within a medium secure setting. A model was developed from the data that integrated nurses’ beliefs about hope, practices to develop service users’ hope and the emotional impact of this work. The nurses’ values played a significant role in their work to develop hope. Recommendations are made to help manage the emotional impact and address challenges unique to fostering hope within forensic settings.     

The Relevance of Intention to Criminal Wrongdoing

In this paper, we defend the general thesis that intentions are relevant not only to moral permissibility and impermissibility, but also to criminal wrongdoing, as well as a specific version of the Doctrine of Double Effect that we believe can help solve some challenging puzzles in the criminal law. We begin by answering some recent arguments that marginalize or eliminate the role of intentions as components of criminal wrongdoing [e.g., Alexander and Ferzan (Crime and culpability: a theory of criminal law. Cambridge University Press, New York, 2009), Chiao (Crim Law Philos 4:37–55, 2010), Walen (Crim Law Philos 3:71–78, 2009)]. We then turn to some influential theories that articulate a direct role for intentions [e.g., Duff (Answering for crime: responsibility and liability in the criminal law. Hart Publishing, Portland, 2007), Husak (Crim Law Philos 3:51–70, 2009)]. While we endorse the commitment to such a role for intentions, we believe that extant theories have not yet been able to adequately address certain objections or solve certain puzzles, such as that some attempt convictions require criminal intent when the crime attempted, if successful, requires only foresight, and that some intended harms appear to be no more serious than non-intended ones of the same magnitude, for example. Drawing on a variety of resources, including the specific version of the Doctrine of Double Effect we have developed in recent published work, we present solutions to these puzzles, which in turn provide mutual support for our general approach to the role of intentions and for thinking that using others as means is itself a special kind of wrongdoing.     

Tactical coalition voting and information in the laboratory

Tactical coalition voting (TCV) is a balancing strategy where voters choose to vote for their second preferred party in order to influence the policy direction of the government coalition formed. In this paper, we experimentally evaluate the extent voters in a PR system engage in TCV. We find significant evidence that voters in the laboratory, even those not experienced with PR systems, choose strategically to affect post election coalitions using a balancing strategy, although the percentage of voters who do so is much less than that predicted by the theory. We also find that although voters who are less informed are less likely to use a balancing strategy, strategic motivations are still a factor in their behavior.     

Tussle for space: The politics of mock-compliance with global financial standards in developing countries

As efforts to harmonize policies globally intensify, developing countries increasingly face pressures to adopt international standards. Yet, we know little about the circumstances under which developing countries manage to circumvent such pressures, or about their strategies to maintain policy space. We explore under which conditions developing countries are willing and able to sustain mock-compliance, a situation where countries comply on paper but not in practice. Using country comparisons of Angola's, Nigeria's, Tanzania's, and Vietnam's engagement with the Basel banking standards, we show how three factors combine to produce sustained mock-compliance: high costs of outright non-compliance due to outward-orientated banking sectors; high political costs of substantive compliance; and state control over profitable markets. Our article contributes to theory-building in the literature on compliance and structural power as well as to broader debates about developing countries' policy autonomy in their engagement with global financial norms.     

Constrained Waiver of Trial Rights? Incentives to Plead Guilty and the Right to a Fair Trial

This article develops an interpretative framework to examine when incentives to plead guilty should be found to constrain defendant choice to waive fair trial rights under the European Convention on Human Rights. This framework is informed by existing jurisprudence, specifically the judgments of the European Court of Human Rights in Natsvlishvili and Togonidze v. Georgia and Deweer v. Belgium, and socio‐legal literature. According to the framework, an incentive to plead guilty should be found to violate fair trial rights where it makes it unreasonable to expect defendants to exercise their right to a full trial, is independent of the projected outcome at trial, and causes the defendant to plead guilty. An empirical analysis of guilty‐plea practice in England and Wales informed by this new framework identifies problematic incentives and suggests such incentives may disproportionately influence vulnerable defendants.     

Medical–Legal Partnerships: How Legal Services can Dramatically Improve Health Outcomes,and the Missed Opportunity to Help Women Seeking Abortions

There are significant health disparities in the United States, with low‐income and minority Americans experiencing higher rates of chronic disease and autoimmune disorders. Research has firmly established that social factors ‐ such as malnutrition, limited access to healthcare, and safe housing ‐ play a critical role in these health disparities. Medical‐Legal Partnerships are a relatively new approach to improving the health of people living in poverty by addressing the root causes of these health‐harming social factors. This article discusses the benefits of Medical‐Legal Partnerships and argues for continued expansion of the model, particularly in pediatricians’ offices, because parents are more likely to seek medical care for their children than themselves. This article further discusses how legal constraints prevent federal funding for Medical‐Legal Partnerships in abortion clinics; this creates a missed opportunity to work with women who are seeking abortions, many of whom face considerable social and economic challenges that could be addressed through legal assistance. This article digs into the legal restrictions that create this missed opportunity and proposes potential solutions to better serve the vulnerable population of abortion‐seeking women.