‘Female Husbands’, Community and Courts in the Eighteenth Century

While there was no specific law prohibiting sex between women in the eighteenth century, some women were prosecuted as a consequence of same-sex relationships. These ‘female husbands’, women who married other women under male identities, often lived highly individual lifestyles; but their path through prosecution and punishment involved a much more intricate web of relations. Thus an exploration of their cases highlights important features of the contemporary criminal justice system as well as popular and elite attitudes to the specific offences. In particular, understandings of the role of the community in the discovery, prosecution, and punishment of criminal offences are complicated by an examination of the female husband cases. In a crucial period of change for the legal system, the complexities of its processes as well as the impact of class, gender, and culture are exposed. Light is shed upon the shifting roles and interests of the individual, the local community, and the courts at a point when criminal cases were in the early stages of a shift from private prosecution and public punishment to greater formality and state control. These unusual cases bring into focus the complex role of community relationships in an evolving legal system.     

Assessing and managing risk for intimate partner violence: Police employees’ use of the Police Screening Tool for Violent Crimes in Scania

Relapse into intimate partner violence (IPV) can potentially be predicted and counter-measures applied. This study examines the predictive validity of a violence risk assessment tool: the Police Screening Tool for Violent Crimes (PST-VC) among a sample of 65 offenders. All PST-VC assessments regarding IPV that were conducted at the Scania police department in 2010 were included in the sample. Follow-up time was 16–28 months, and all reported incidents with the same victim and suspected offender were recorded. The PST-VC demonstrated limited effect in the ability to identify high-risk offenders and predict repeat victimization. Interventions against the offender and victim protective actions were more often recommended in high-risk cases but did not lower the number of IPV relapses. The study suggests that the PST-VC is not a promising instrument.     

Preferences and agreement in legislative parties: testing the causal chain

This research note focuses on two specific dimensions of legislative cohesion: the homogeneity of preferences within a party and party agreement. Although these two dimensions have often been considered as synonyms, it is argued that these two concepts refer to different realities. The authors therefore develop distinct measurements for these two concepts. The authors then examine their statistical relationship, putting to the test the widespread assumption that heterogeneous preferences increase the probability of disagreement. The authors do so by testing the effect of different measures of a member of parliament’s ideological distance to her/his party on her/his self-reported frequency of disagreement with her/his party. It is demonstrated that the causal chain linking both concepts is only verified in the case of a conscious ideological distance. The results have crucial theoretical and methodological implications for future research on party cohesion and party unity.     

Assessing oral skills—time for reflection,time for risk

Abstract

THIS PAPER aims to establish a framework from which we can explain our dissatisfaction with defining what we teach and what and how we assess within legal education. To what extent can we, the professions or the public, have confidence that our assessment processes predict effective professional competence?

We will try to establish this framework by placing the discussion in the context of a workshop of assessment of oral skills run at the 2001 Bar Vocational Course conference. The workshop raised issues which we believe encapsulate the difficulties of measuring performance in such a way that it reliably predicts professional effectiveness. From this we will attempt to highlight the shortcomings of the current teaching, learning and assessment strategies more generally.

We go on to consider the role of student reflection in support of summative assessment: is it a reliable way of helping to plug the competence‐performance gap we have identified? What is its role in summative assessment? What demands does it make on tutor and learner? Since we cannot guarantee to find the best solutions first time, we make a plea for taking the risk of failure as well as success, and trying out ideas.     

Abolishing Marriage: Can Civil Partnership Cover it?

This paper argues that all adult intimate relationships should be regulated under one single statute. This statute should be the Civil Partnership Act 2004 (which currently applies to same sex couples). The Matrimonial Causes Act 1973 (which applies to opposite sex couples), should be repealed; it should not be amended to include same sex couples. There would, as a consequence, be no such thing as (legal) marriage. Marriage as a legal construct is a heterosexual and patriarchal institution and is therefore so fundamentally flawed it is beyond the possibility of successful reform or repair. The present system of having two distinct legal means of relationship recognition is akin to sexual apartheid and is therefore unsustainable in the long term. Having a legal system which recognises only one form of legal partnership would therefore formally end a discriminatory system. Despite its drawbacks, Civil Partnership does not have the same extent of symbolic and practical degree of flaws as Marriage.