The Constitutional Imagination

The constitutional imagination refers to the way we have been able to conceive the relationship between thought, text and action in the constitution of modern political authority. The lecture seeks to demonstrate how modern constitutional texts come to be invested with a ‘world‐making’ capacity. The argument is advanced first by explaining how social contract thinkers have been able to set the parameters of the constitutional imagination (thought), then by showing that constitutions are agonistic documents and their interpretative method is determined by a dialectic of ideology and utopia (text), and finally by examining the degree to which constitutions have been able to colonise the political domain, thereby converting constitutional aspiration into political reality (action). It concludes by suggesting that although we seem to be entering a constitutional age, this is an ambiguous achievement and whether the power of the constitutional imagination can still be sustained remains an open question.     

Finkelhor's precondition model of child sexual abuse: A critique

Abstract

This paper critically discusses an extremely influential multi-factorial theory of child molestation, Finkelhor's Precondition Model. This model was one of the first comprehensive theories of the sexual abuse of children and represents a significant achievement. It provides a clear framework for approaching the study of men who have sexually abused children and has lead to both clear treatment goals and clinical innovations. It has rarely, however, been systematically critically examined and the cogency of its core constructs evaluated. Our analysis suggests that alongside its strengths, Finkelhor's Precondition Model has some conceptual problems. It suffers from vagueness; contains overlapping constructs; and a rich array of vulnerability factors that require teasing out and clarification. The model's attempts to provide a taxonomy highlight the diversity inherent in child sexual abuse, but it has not yet provided a structure to adequately inform treatment.     

Application of likelihood ratios for firearm and toolmark analysis

Historically firearm and toolmark examiners have rendered categorical or inconclusive opinions and eschewed probabilistic ones, especially in the United States. We suggest this practice may no longer be necessary or desirable, and outline an alternative approach that is within a comprehensive logical/Bayesian paradigm. Hypothetical forensic and non-forensic examples are provided for readers who are practicing firearm and toolmark examiners, and the strengths and weaknesses of both approaches are considered.     

“O me! O me! How i love the earth”: William Morris’s News from Nowhere and the birth of sustainable society

Arguing from an ecocritical perspective, in this article I seek to show that Morris, in his ‘green’ utopia News from Nowhere, envisaged a new social order in which communities are socially just, participatory, independent, economically viable and environmentally sustainable. I will argue that Morris, by stressing the need for a decentralized and polycentric country and by showing how co‐operation, as opposed to competition, can form a symbiosis between the members of the society, effectively linked the local with the global. I will show that Morris, turning against systematized globalization as portrayed in Edward Bellamy’s Looking Backward, gives an example of a ‘sustainable’ globalization that shares much common ground with the current politics of bioregionalism. I will finally suggest that Morris’s vision of London as an ecological city, where waste has been abolished and human beings live in harmony with nature while respecting social justice, is more urgent than ever and can be instrumental as a vision for our future life.     

Discolouring Democracy? Policing,Sensitive Evidence,and Contentious Deaths in the United Kingdom

This article examines recent United Kingdom government proposals for secret inquests, which, it is argued, are part of a general push for secrecy discernible across common law jurisdictions, and which include developments such as increased recourse to sensitive evidence in forensic settings and the normalization of intelligence‐led policing. While the push for secrecy is justified by national security claims, the article shows that in cases of contentious death involving police, the issue is less about national security and more about the use of intercept evidence, covert surveillance, and intelligence‐led policing, all of which have implications for police trust, accountability, and reputation management.     

Gender differences in occupational characteristics of Canadian correctional officers

As women have increasingly become employed as correctional officers in prisons for male offenders, questions have been raised as to how they may, or may not, differ from their male counterparts. To examine this issue questionnaires were sent to all 866 correctional officers who directly supervised male offenders in five prisons operated by the Correctional Service of Canada. Responses were obtained from 339 officers (39%), 86% of which were male and the remaining 14% female. Female officers were more likely to be unmarried, better educated, less interested in the custody aspect of the correctional officer role, younger, have less experience as a correctional officer, have higher levels of job satisfaction, and be more accepting of women as correctional officers than were their male colleagues. No gender related differences were found in the variables of race, rank, security level worked, stress level, and quality of the working relationship experienced with coworkers. Implications of the findings are discussed