Penal Boundaries: Banishment and the Expansion of Punishment

We use this article to argue for greater recognition of legally imposed spatial exclusion—banishment—as a (re)emerging and consequential social control practice. Although the new social control techniques that entail banishment are buttressed by a blend of civil, administrative, and criminal law, they are best understood as punitive in nature. This argument is supported by two empirical findings. First, interviews with the banished indicate that spatial exclusion often has significant negative consequences akin to those identified by Sykes (1958 ) in his seminal account of the pains of imprisonment. Second, court data show that the growing use of civil and administrative banishment has increased the number of criminal cases involving allegations of noncompliance. These findings suggest that analysts of punishment might usefully broaden their focus to include phenomena that combine civil, criminal, and legal authority, and are not defined as punishment by their advocates.     

Women’s perspectives on the value of a father’s initiative in shifting gendered practices within families

This paper explores the qualitative perspectives of women about a community embedded fathers’ initiative in Northern England. Projects to improve the well-being of men and their children are less common within the landscape of parent and child support, with mothers more often being the target recipients. Asking women about their perceptions of an initiative for fathers then offers original insights from women who are positioned as ‘related outsiders’, in that they were ‘outside’ the project but ‘inside’ the family and community. Findings suggest that women are able to see the positive impact of such a project, identifying that it offers a shared space for men and children, time for mothers without their children and can help with shifting roles and attitudes around childcare and emotional labour in the home. The initiative was also seen by the women as offering men more healthy means of coping, including men moving away from traditional hegemonic practices, which in turn shifted some women’s long held gendered beliefs about men as fathers. This research then offers a relational gendered backstory to a father’s initiative, demonstrating how such initiatives can potentially ‘undo’ gender and the positive implications this could have for families.     

HMG, AIOC and the Anglo-Iranian oil crisis: In defence of Anglo-Iranian

At the interface of big business and government, with whom does influence and responsibility lie? Rarely is the answer clear-cut, yet accounts of the Anglo-Iranian oil crisis of 1948-54 have often roundly blamed the Anglo-Iranian Oil Company (AIOC) for British mishandling of it. This article seeks to redress the balance. Whilst no apologia for AIOC policy, it contends that HMG should shoulder much more responsibility than hitherto allowed. From clandestine partnership through to sacrificial pawn, the government used the company as an instrument of foreign policy as it sought to marry the protection of AIOC interests in Iran with wider concerns for combating communism and promoting the Anglo-American 'special relationship'.     

The Intergenerational Transmission of Violent Offending

The current study examines the intergenerational transmission and concentration of violent offending using conviction data of 3,440 persons from three consecutive generations from the Dutch Transfive study. Violent offending is more concentrated within nuclear families than non-violent offending, and the intergenerational transmission of violent offending is stronger than the intergenerational transmission of non-violent offending. Due to the low prevalence of violent offending by women, only transmission from father to son is studied. Paternal violent offending before the birth of the son does not increase the son’s risk to become violent, while paternal violent offending during the son’s childhood and adolescence does. These results suggest that exposure to paternal violence plays an important role in the intergenerational transmission of violent offending.     

Les cabinets ministériels au Québec : pouvoirs et paradoxes

This article aims to introduce the crucial role played by ministry cabinets in the implementation of public policies in Quebec. The authors use an ethnographic perspective to present the fruit of their experience, and do so at the department level, as well as the Prime Minister’s. Within the Quebecois context, they produce a structural analysis of ministry cabinets, as well as an analysis of pertaining cultural and regulatory codes. They also expose the politic and political‐administrative relations that ascertain the progression of files produced by members of the Quebecois executive. But they observe a paradox. Although cabinets have the real ability to initiate new public policies, they operate within a complex environment, which greatly restricts their will to act. Tagging behind crisis, parliamentary work and bureaucratic resistance, they seem to act in a more reactive rather than proactive way on a daily basis.     

Situated Justice: A Contextual Analysis of Fairness and Inequality in Employment Discrimination Litigation

A substantial body of sociolegal scholarship suggests that the legitimacy of the law crucially depends on the public's perception that legal processes are fair. The bulk of this research relies on an underdeveloped account of the material and institutional contexts of litigants' perceptions of fairness. We introduce an analysis of situated justice to capture a contextualized conception of how litigants narrate fairness in their actual legal encounters. Our analysis draws on 100 in‐depth interviews with defendant's representatives, plaintiffs, and lawyers involved in employment discrimination lawsuits, selected as part of a multimethod study of 1,788 discrimination cases filed in U.S. district courts between 1988 and 2003. This article offers two key empirical findings, the first at the level of individual perceptions and the second at the level of legal institutions. First, we find that neither defendants' representatives nor plaintiffs believe discrimination law is fair. Rather than sharing a complaint, however, each side sees unfairness only in those aspects of the process that work to their disadvantage. Second, we demonstrate that the very notion of fairness can belie structural asymmetries that, overall, profoundly benefit employers in employment discrimination lawsuits. We conclude by discussing how a situated justice analysis calls for a rethinking of empirical research on fairness. Audio recordings of respondents quoted in this article are available online. ¹      

Regulation of legal services in the e-world: a need to short circuit hot spots in ethics and novel practices?

This paper examines the professional and regulatory implications for legal practices of a rapidly evolving legal services marketplace shaped by new technologies and e-spaces. The paper focuses on three burgeoning areas in the delivery of legal services: (i) legal outsourcing; (ii) virtual law firms; and (iii) use of social media networking. The authors examine how Australian legal practitioners are utilising these new practices and technologies and the ethical implications of their use. The paper argues that the current regulatory framework in Australia does not adequately address the challenges and concerns raised by an increasingly borderless and e-based legal services market and thus calls for Australian legal regulators to remedy this deficiency as a matter of priority.