In Defence of Substantial Sentencing Discretion

This article develops an ideal of sentencing discretion as consisting in sufficient dispositional flexibility for the trial judge to set, on behalf of the polity, reasonable terms for the continuance of relations with the offender in view of his crime. This ideal requires trial judges to have what may be termed “substantial” sentencing discretion: discretion that is exercised with direct reference to the values and goals penal sanctions are expected to serve, and where it is this quality of value-based engagement that provides the justification for the decision. The article engages with empirical research into sentencing that helps us address the strength of the case for and against substantial sentencing discretion, and ultimately defends substantial sentencing discretion on functional as well as ethical–political grounds.     

A comparison between neural network and other metric methods to determine sex from the upper femur in a modern French population

Forensic anthropologists are frequently asked to assess partial or badly damaged skeletal remains.One such request led us to compare the predictive accuracy of different mathematical methods using four non-standard measurements of the proximal femur (trochanter–diaphysis distance (TD), greater–lesser trochanter distance (TT), greater trochanter width (TW) and trochanter–head distance (TH)). These measurements were taken on 76 femurs (38 males and 38 females) of French individuals. Intra- and inter-observer trials did not reveal any significant statistical differences. The predictive accuracy of three models built using linear and non-linear modelling techniques was compared: discriminant analysis, logistic regression and neural network. The neural network outperformed discriminant analysis and, to a lesser extent, logistic regression. Indeed, the best results were obtained with a neural network that correctly classified 93.4% of femurs, with similar results in males (92.1%) and females (94.7%). Univariate functions were less accurate (68–88%). Discriminant analysis and logistic regression, both using all four variables, led to slightly better results (88.2% and 89.5%, respectively). In addition, all the models, save the neural network, led to unbalanced results between males and females. In conclusion, the artificial neural network is a powerful classification technique that may improve the accuracy rate of sex determination models for skeletal remains.     

Machinery of government and standards in public service: teaching new dogs old tricks

Abstract

For much of the last thirty years the main leitmotif animating Civil Service reform in the UK has been that efficiency and effectiveness in public services can be achieved by adapting management methods and practices derived from commercial enterprise. In the process of making the dreams and schemes of that plural singularity we have come to call ‘managerialism’ operational though, something valuable appears to have been lost, and that something is the Civil Service as a unified ‘constitutional bureaucracy’. In this article I explore some of the unfortunate governmental and administrative consequences of these managerially minded reforms. In particular, I seek to highlight the continuing relevance of what have been routinely characterized as outmoded and anachronistic machineries of government, and to stress the importance of the increasingly forgotten core business of public administration: the running of a state and of a constitution.     

Homicide-suicide (dyadic death): a case study of double hanging

Murder-suicide, homicide-suicide, and dyadic death all refer to an incident where a homicide is committed followed by the perpetrator's suicide almost immediately or soon after the homicide. Homicide-suicides are relatively uncommon and vary from region to region. In the selected literature that we reviewed, shooting was the common method of killing and suicide, and only 3 cases of homicidal hanging involving child victims were identified. We present a case of dyadic death where the method of killing and suicide was hanging, and the victim was a young woman.     

The Legitimacy of Using the Harm Principle in Cases of Religious Freedom Within Education

John Stuart Mill’s famous “harm principle” has been popular in the limitation of freedoms within human rights jurisprudence. It has been used formally in court cases and also informally in legal argumentation and conversation. Shortly, it is described as a very simple principle that amounts to the notion that persons are at liberty to do what they want as long as their actions do not harm any other person or society in general. This article questions whether it is legitimate to use the harm principle in cases concerning the limitation of religious freedom within education. For example, can the exemption of a learner from sex education (based on religious objections) be denied based on the argument that such an exemption will cause harm? In order to answer this question, the meaning, origin and use of the harm principle are investigated. This article also discusses four main criticisms against the use of this principle in general and in cases of religious freedom of learners in education.     

Reviews

Big Men, Small Boys and Politics in Ghana: Power, Ideology and the Burden of History, 1982–1994 by Paul Nugent. Pinter Publishing Limited (London and New York). 1995. xiv plus 306pp. including bibliography and index. £35 or $63 hardback.

Understanding Contemporary Africa (2nd edition) edited by April A. Gordon and Donald L. Gordon. Lynne Rienner Publishers, Boulder and London. 1996. xiv plus 432pp. including maps, illustrations, notes, bibliographies, appendices and index.

The Politics of Difference: Ethnic Premises in a World of Power edited by Edwin N. Wilmsen and Patrick McAllister. University of Chicago Press: Chicago and London. 1996. ix plus 210pp.

The Multilateral Development Banks. Volume 1. The African Development Bank by E. Philip English and Harris M. Mule. The North‐South Institute. Ottawa. 1996. xvi plus 213pp.

Brothers at War: Dissidence and Rebellion in Southern Africa by Abiodun Alao. British Academic Press, London and New York. 1994. xiii plus 201pp. including notes, bibliography, index. £39.50. Hardback.

Now that We are Free: Coloured Communities in Democratic South Africa edited by Wilmot James, Daria Caliguire and Kerry Cullinan. Lynne Rienner Publishing, Boulder (Colorado) and London. 1996. 142pp.

Imperialism or Solidarity? International Labour and South African Trade Unions by Roger Southall. University of Cape Town Press, Cape Town. 1995. 398pp.

The Aid Relationship in Zambia: A Conflict Scenario by Oliver Saasa and Jerker Carlsson. Institute for African Studies, Lusaka (Zambia) and Nordic Africa Institute, Uppsala (Sweden). 1996. 170pp. including figures, tables, notes, bibliography and index. Paperback.     

Reviews

Work, Culture, and Identity: Migrant Labourers in Mozambique and South Africa, c.1860–1910 by Patrick Harries. Witwatersrand University Press, Johannesburg; Heinemann, Portsmouth NH; and James Currey, London. 1994. 328 pp. including photographs, maps and tables. R75.00 paperback.

African Workers and Colonial Racism: Mozambican Strategies and Struggles in Lourenc.0 Marques, 1877–1962 by Jeanne Marie Penvenne. Witwatersrand University Press, Johannesburg; Heinemann, Portsmouth NH; and James Currey, London. 1995. 242 pp. including maps, halftones and tables. R86.00 paperback.

Historical Dictionary of Namibia by John J. Grotpeter. The Scarecrow Press, Metuchen, New Jersey and London. No 57 in the African Historical Dictionaries series. 1994. xxvi plus 725 pp. including a chronology, map, appendices and bibliography. $89.50 hardback.

Out in the Cold: Academic Boycotts and the Isolation of South Africa by L.J. Haricombe and F.W. Lancaster. Information Resources Press, Arlington, Virginia. 1995. xiv plus 158 pp. including tables, bibliography and index. $29.50 hardback.

The Foreign Policy of Zimbabwe by Ulf Engel. Institute of African Affairs, Hamburg. 1994. vii plus 479 pp. including diagrams, tables, notes, bibliography and indices.

The Politics of Two Sudans: The South and the North 1821 ‐1969 by Deng D. Akol Ruay. The Scandinavian Institute of African Studies, Uppsala, Sweden. 1994. 183 pp. £14.95.

Namibia's Liberation Struggle: The Two‐Edged Sword edited by Colin Leys and John S. Saul. James Curry, London and Ohio University Press, Athens, Ohio. 1995. x plus 212 pp. including maps, notes and index. £12.95 paperback.

Namibia and External Resources: The Case of Swedish Development Assistance by Bertil Oden, Henning Melber, Tor Sellstrom and Chris Tapscott. Nordiska Afrikainstitutet. Research Report No. 96, Uppsala. 1994. 122 pp. including map, references and tables. £5.95 paperback.

Short‐Cut to Decay: The Case of the Sudan edited by Sharif Harir and Terje Tvedt. Nordiska Afrikainstitutet, Uppsala. 1994. 275 pp. £19.95.

Divided Sisterhood: Race, Class and Gender in the South African Nursing Profession by Shula Marks. Witwatersrand University Press, Johannesburg (South Africa), Macmillan Press Ltd (Great Britain), and St. Martin's Press, Inc., (USA). 1994. xiii plus 306 pp. including notes, bibliography and index. R82.00 paperback.

Transition to Democracy in Nigeria (1985–1993) by Tunji Olagunju, Adele Jinadu and Sam Oyovbaire. Spectrum Books Ltd., Ibadan and London. 1993. 278 pp.     

The European Union, Burma/Myanmar and ASEAN: A challenge to European norms and values or a new opportunity?

The recent events in Burma/Myanmar, beginning with the November 2010 elections and the subsequent series of reforms, have taken Europe by surprise. For the last 20?years, the European Union (EU) has been one of the most vocal critics of the junta regime, thus jeopardising its constructive relations with the Association of Southeast Asian Nations (ASEAN) and its members. In a new context of transition, the EU has to show that it can quickly adjust to an unanticipated scenario if it does not want its credibility to remain deeply undermined in a regional space that is undergoing structural transformations. Europe and ASEAN should together find a way to consolidate both the socio-political transitions in Southeast Asia and the validity of European values.