Through a Foucauldian Lens: A Genealogy of Child Abuse

This theoretical paper takes on a difficult and dangerous argument: that ‘child abuse’ is socially constructed. By using Michel Foucault’s analysis of the complex interplay between power and knowledge, we may be able to explain the changing forms that the struggle against child abuse has taken, without minimizing the reality of the suffering that abuse causes. By examining the historical role that state and child welfare movements played in developing child protective services in North America, we discover how scientific epistemology and medical discourse on child abuse have come together to shape and construct societal beliefs about abusers. This analysis allows us to deepen our understanding of child abuse and the means to preventing it, as well as guides us in developing better and more informed social policies.     

Meritocracy Is a Good Thing

Political meritocracy is the idea that a political system is dcsigned with the aim of selecting political leaders with above average ability to make morally informed political judgments.Political meritocracy has been largely eclipsed from political theorizing in the modern world,but there are three important reasons for reviving and reinterpreting this political ideal,particularly in a Chinese context.First,political meritocracy has been,and continues to be,central to Chinese political culture.Second,democracy is a flawed political system and meritocracy can help to remedy some of its flaws.Third,the Communist Party of China (CPC) itself has become a more meritocratic organization over the last three decades or so.     

Book notices

LAW AT WORK SERIES. General Editor, Paul O'Higgins. [Sweet &; Maxwell. 1980. £1.95 each.]

GOING TO LAW, by John McIlroy

TRADE UNIONS, by Richard Kidner

UNION MEMBERS, by Gillian Morris

SAFETY REPRESENTATIVES, by Roger Benedictus

EMPLOYMENT CONTRACTS, by Ian Smith

WAGES AND SALARIES, by Gerry Rubin

LAW OF EMPLOYMENT. Third Edition. By N. M. Selwyn. [Butterworths. 1980. 388 pp. (inc. appendices). £8.95.]

MODERN EMPLOYMENT LAW. Third Edition. By M. Whincup. [Heinemann. 1980. 305 pp. (inc. appendix). £8.50.]

NATHAN AND MARSHALL ‐ CASES AND COMMENTARY ON THE LAW OF TRUSTS. Seventh Edition. By D. J. Hayton. [Stevens. 1980. xxxix and 736 pp. (inc. index). £16.50.]

LAW OF TRUSTS. Second Edition. By L. B. Curzon. [Macdonald and Evans. 1980. xxxi and 316 pp. (inc. index). £4.50.]

CEDRIC D. BELL.

LAW AND ACCOUNTS OF EXECUTORS, ADMINISTRATORS AND TRUSTEES. Twentieth Edition. By B. G. Vickery. [Cassell. 1980. 371 pp. including glossary and answers to exercises, plus 6 pp. tables. £8.95.]

PROBATE PRACTICE AND PROCEDURE. By A. K. Biggs and A. P. Rogers. [Fourmat Publishing. 1980. 157 pp. inc. 35 pp. precedents, 7 pp. index and 8 pp. contents. £6.95.]

CONVEYANCING OF FREEHOLD PROPERTY. By Phyllis E. Newman. [Fourmat Publishing. 1980. 53 pp. inc. list of forms and index, plus 7 pp. tables, etc. £3.95.]

CONVEYANCING LAW. By P. H. Kenny and C. M. Bevan. [Macdonald &; Evans. 1980. 284 pp. inc. glossary, bibliography, note on examination technique, and index, plus 14 pp. tables, etc. £3.50.]

FINANCIAL MANAGEMENT FOR SOLICITORS. David S. Porter with Sir Desmond Heap. [Waterlow Cassettes. 1980. One hour running time, available only from publishers. £7.50 plus VAT and p&;p.]

REMEDIES FOR BREACH OF CONTRACT. By Hugh Beale. [Sweet &; Maxwell. 1980. xxiv and 248 pp. (inc. index). £10.85 (hardback); £7.40 (paperback).]

CONSUMER LAW. By M. J. Leder. [Macdonald and Evans. 1980. xxiv and 208 pp. (inc. index). £2.50.]

THE LAW AND PRACTICE OF COMPROMISE. By David Foskett. [Sweet &; Maxwell. 1980. 198 pp. inc. 19 pp. precedents and 6 pp. index, plus 22 pp. tables, etc. £18.50.]

CONSTITUTIONAL FUNDAMENTALS. By H. W. R. Wade. [Stevens &; Sons. 1980. x and 83 pp. (inc. index). £3.35.]

CONSTITUTIONAL LAW. By Lynda Banks. [Sweet &; Maxwell. 1980. vii and 84 pp. (inc. index). £1.50.]

DE SMITH'S JUDICIAL REVIEW OF ADMINISTRATIVE ACTION. Fourth Edition. By J. M. Evans. [Stevens, lxviii and 626 pp. (inc. index). £24.00.]

LAW AND SOCIETY IN ENGLAND. By B. Roshier and H. Teff. [Tavistock Publications Ltd. 247 pp. (inc. index). £4.95.]

JUSTICE AND WELFARE IN DIVORCE. By M. Murch. [Sweet &; Maxwell. 1980. viii and 307 pp. (inc. index). £10.75.]

SWEET &; MAXWELL'S SOCIAL WORK STATUTES. Edited by Richard M. Jones. [Sweet &; MaxwelL vii and 168 pp. (inc. index). £4.60.]

COMPANIES ACTS. Editor Maurice Kay. [Sweet &; Maxwell. 1980. 561 pp. (inc. index). £10.50.]

COMPANY LAW HANDBOOK. Editor Keith Walmsley. [Butterworths. Second edition. 1980. ix and 705 pp. (plus index). £11.96.]

HARRAP'S GERMAN AND ENGLISH GLOSSARY OF TERMS IN INTERNATIONAL LAW. By G. Gilbertson. [Harrap Books. 1981. xi and 355 pp. £25.00.]     

Book reviews,etc.

Welfare Law and Order. By P. Alcock and P. Harris. [Macmillan Press. 1982. xvi and 219 pp. (inc. index). £5.95.]

Law of Child Care. By B. I. Slomnicka. [Macdonald & Evans. 405 pp. (inc. index). £9.95.]

Swift v. Greenshire County Council, Q.B.D. [Audio‐Visual Department, London University. 40 minutes. Sales prices: (VHS or Sony U‐Matic video cassette + 10 copies of the accompanying documents). Educational institutions in the U.K.: £95 + postage and V.A.T. Government bodies: £150 + postage and V.A.T. Others: £250 + postage and V.A.T. Additional copies of the documents: £2.50 each.

The Sunday Times Case

[Audio‐Visual Centre, University of Warwick. 1981. 16mm colour film. 30 minutes £260 or (hire) £20 for one day + £5 for each day thereafter; video version: £60 + cost of cassette.]

Criminal Procedure. Third edition. By Celia Hampton. [Sweet & Maxwell. 1982. lxi and 472 pp. (inc. index). £16.50 (hardback); £8.95 (paperback).]

The Police in Society. By Ben Whitaker. [Sinclair Browne. 1982. 331 pp. (inc. index). £4.95 (paperback).]

Hanbury and Maudsley's Modern Equity. Eleventh edition. By R. H. Maudsley and Jill E. Martin. [Stevens. 1981. cvi and 796 pp. (inc. index). £27.50 (cloth); £16.50 (paperback).]

Company Law. By Kenneth Smith & D. J. Keenan. Fourth edition. [Pitman, x and 506 pp. (inc. index). £7.50.]

Company Law. By M. C. Oliver. Eighth edition. [Macdonald & Evans. xxx and 386 pp. (inc. index). £3.95.]

Cases in Company Law. Third edition. By M. C. Oliver. I Macdonald & Evans. xv and 396 pp. (inc. index). £4.95.]

Rent Acts and Regulations Amended and Annotated. By J. T. Farrand and A. Arden. Second edition. [Sweet & Maxwell. 1981. xl and 435 pp. (inc. index). £16.50.]

‘O’ Level English Law. By D. M: M. Scott. Fourth edition. [Butterworths. 1981. xvi and 269 pp. (inc. index). £4.95 (paperback).]

‘O’ Level Law. By W. J. Brown. Second edition. [Sweet & Maxwell. 1982. xiv and 227 pp. (inc. index). £4.75 (paperback).]

Danish Law. A General Survey. Edited by Gammeltoft Hansen, Bernhard Gomard and Allan Philip. [G.E.C. Gads, Copenhagen. 395 pp., no index.]     

Judicial misconduct

Although judges are subject to the same human frailty as all other members of society, they must expect their conduct to be the subject of constant public scrutiny. This article examines instances of judicial misconduct in the USA. It considers various aspects of misconduct including humour, courtroom management, denigration of lawyers, racist speech, sexual harassment, acceptance of gifts, alcohol misuse, and financial conduct. These illustrations of misconduct by judicial colleagues are intended to serve as cautionary tales from which judges in other jurisdictions can learn lessons as they to seek to act in a manner that promotes public confidence.