Decisions: Carltona and the CUC Code

The Committee of University Chairman publishes a code of good practice designed, among other things, to ensure clarity about the authority on which decisions are taken on behalf of universities, subordinate domestic legislation created and the exercise of discretion regulated. In Carltona Ltd.v. Commissioners of Works [1943] 2 All ER 560 AC the question was whether civil servants were acting ultra vires if they acted on behalf of a competent authority without reference to that authority. Oxford and Cambridge, which preserve an ancient system of governance by direct academic democracy, remain testbeds of this principle, for their administrators are in effect their ‘civil servants’, not their managers. This article examines the questions which are arising as both universities begin to create Senior Management Teams, and the implications for the higher education sector more widely.     

INITIATING A COMPARABLE WORTH WAGE POLICY IN MINNESOTA: NOTES FROM THE FIELD

As of January 1986, Minnesota has progressed farther than any other state in implementing acomparable worth (pay equity) wage policy, with two laws requiring pay equity, one covering state employees and a second covering employees of all types of jurisdictions. This article presents a discussion of Minnesota's importance as a case study, a definition of comparable worth, the history and politics o f pay equity policy in Minnesota, and an analysis of Minnesota's role in a national campaign to change wage policy. The article shows that implementation has been more straight-forward in state government than for the 1,583 local jurisdictions, many of which had less-developed personnel systems than did the state. The passage of the local pay equity law ushered in a new stage in this policy, where the issue Is no longer controlled by a small number of legislators, bureaucrats, and lobbyists.     

Mediation and Restorative Justice in Belgium

In this article we present, discuss and try to evaluate initiatives which were recently introduced into the Belgian criminal justice system, aimed at the development of creative answers to crime that avoid the use of traditional prison sentences. We decided to focus this analysis on the practice of mediation as it is actually considered the most innovative approach to the crime problem. Mediation as a problem-solving intervention has to be considered in direct relation to the discussion of the purpose of the criminal justice system. By putting the emphasis on the dialogue between the victim and the offender, a common solution is worked out with the help of a mediator. In this way reparation, redress and sometimes even reconciliation become core values of the penal action.     

Symbolic state-building in contemporary Russia

Vladimir Putin has made state-building a central goal of his presidency and recent scholarship has demonstrated that Russian formal institutions have indeed been deliberately reformed. Unlike studies that ass’ess state-building vis-à-vis a particular outcome, our research examines what kind of state Russian political elites seek to build, and focuses on symbolic state-building strategies. To capture symbolic state-building in the Putin era, we examine the Pryamaya Liniya broadcasts: annual, high-profile TV broadcasts in which citizens pose questions to the president. We find that a broad range of formal institutions appear to be central to Putin’s state-building project, a finding that runs counter to claims that governance is largely deinstitutionalized, informal and personal. We argue that symbolic state-building seeks to reconcile personalism and institutionalism, by conveying a dual image of a state in citizens’ everyday lives – emphasizing both formal institutions, while also affirming Putin as the personal guarantor of the state’s authority.     

Commonwealth Diplomacy and the End of Apartheid

This article recounts the struggle that those fighting for an end to apartheid in South Africa faced and the role that the Commonwealth played in that struggle. The author recounts the contribution of the Whitlam, Fraser and Hawke administrations in Australia in bringing down the apartheid regime but stresses that these leaders chose the Commonwealth as their primary vehicle for change. In the author’s view, the fight against apartheid was, arguably, the finest achievement of the modern Commonwealth.     

The Internet and Asia-Pacific security: Old conflicts and new behaviour

The positive uses of the Internet by civil society groups, research ­institutes, governments and other entities interested in promoting Asia-Pacific community building and cooperative security regimes have been studied and ­appreciated. The paper begins with a discussion of regional Internet diffusion patterns and the associated increase in Internet incidents. In the wake of 11 September 2001 and recent analysis of the 'dark side' of the Internet and networks, it then examines some of the destructive ways Internet technologies are being used by actors in the Asia-Pacific region. It provides examples from the patterns of Internet conflict involving a quadral relationship among four nodes, uncivil society, civil society, government and business as well as the pattern of conflict within each of the nodes. Finally, it looks at three topic areas - national security agendas, the making of security policy and the regional security dialogue process - that deserve further attention.     

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.