Curzon, Lloyd George and the control of British foreign policy, 1919-22: A reassessment

This article reappraises the complex relationship between Lord Curzon and Lloyd George in the years between the former's appointment as Foreign Secretary and the latter's fall from office as Prime Minister in 1922. It argues that the widely held view that Lloyd George held Curzon in contempt and marginalized him in the conduct of foreign affairs is not accurate. Their relationship is presented as being one of mutual respect and significant levels of cooperation. The article thus questions the extent to which the Foreign Office suffered an 'eclipse' in this period.     

'Dedicating' Copyright to the Public Domain

This article explores whether authors can dedicate their copyright to the public domain. Such dedications are becoming increasingly relevant as authors now see the expansion of the public domain as value in itself. This is facilitated by organisations providing pro forma documents for dedicating works to the public domain. However, there has been no real consideration of what, if any, legal effect a dedication to the public might have. This article suggests that such dedications are no more than copyright licences which, in English and US law at least, can be revoked at will. This means that users of such works must rely on estoppel alone to enforce any dedication to the public domain.     

Public policy: creativity and bureaucracy

Abstract. The development and implementation of a government policy by a single ministry is a greater stimulus to creativity than a collective and inter-ministerial approach. Starting from the principle that creation is an individual act which emanates neither from administrative structures, nor from committees, nor from manuals of instructions, the author affirms that the conditions which favour creativity in a public or other administration are precisely those which awaken and increase the creative impulse of the human mind. In the individual method, the ministry alone formulates the policies which are within its competence. The other ministries affected by them are asked for their views and the possible constraints which may result, but only on a consultative basis. This method has obvious advantages for the ministry in question. The author suggests, inter alia, that the ministry be allowed to retain 50 per cent of any economies realized through greater efficiency in the execution of its policies. On the other hand, if civil servants misread ministerial intentions or ignore constraints imposed by other policies, they should pay the price, which may, in the final analysis, involve the dismissal of the minister or his principal policy advisor. In the collective method, the policy is not worked out by the immediately responsible ministry but rather by a committee including all the interested ministries. The dynamics of such an approach are very different from the individual method. Being more prudent and bureaucratic, it stalemates individual creativity and is prejudicial to innovative thinking. The constraints and the various interests are so well represented within the committee that they tend to dominate the debate and cause the ministry in charge to be on the defensive. In an endless discussion, the other ministries are hoisted with their own petard of counter-arguments, and the proposing ministry cannot put forward the positive advantages of the new policy. The resulting loss of time and energy is harmful to creativity. At the level of policy execution too, the author favours the individual approach which is both efficient and economical. The ministry in charge of the policy is far better placed to determine its implementation within the constraints which delineate its scope. Here, too, the author reaches the conclusion that creativity is better served than in the collective approach.     

PUNITIVE DAMAGES,CHINESE TORT LAW,AND THE AMERICAN EXPERIENCE

In a country such as China, with abundant consumer products and the inevitability of product defects, claims for punitive damages are sure to arise under Article 47 of the new Chinese Tort Law. Article 47 provides that “(w)hereany producer or seller knowingly produces or sells defective products, causing death or serious damage to the health of others, the injured party may request appropriate punitive damages.” As Chinese jurists and scholars interpret Article 47, they may wish to consider whether lessons can be drawn from the American experience. During the past two decades, few areas of American law have changed more radically than the law on punitive damages. While there were once few restraints on the ability of a judge or jury to impose punitive damages in a case involving egregious conduct, today there are a host of limitations embodied in American state and federal law. In many American states, statutes or judicial decisions restrict the ability of a court to award punitive damages by narrowly defining the types of conduct that will justify a punitive award, raising the standard of proof, capping the amount of punitive damages, requiring a portion of a punitive award to be forfeited to the state, or limiting vicarious liability for punitive damages. In addition, under federal constitutional law, the principle of due process limits the imposition of punitive damages by scrutinizing the ratio between compensatory and punitive damages and prohibiting an award to be based on harm to persons other than the plaintiff. An examination of these developments from a comparative law perspective may prove useful to the implementation of Article 47.     

Predictive Crime Mapping: Arbitrary Grids or Street Networks?

Objectives

Decades of empirical research demonstrate that crime is concentrated at a range of spatial scales, including street segments. Further, the degree of clustering at particular geographic units remains noticeably stable and consistent; a finding that Weisburd (Criminology 53:133–157, 2015) has recently termed the ‘law of crime concentration at places’. Such findings suggest that the future locations of crime should—to some extent at least—be predictable. To date, methods of forecasting where crime is most likely to next occur have focused either on area-level or grid-based predictions. No studies of which we are aware have developed and tested the accuracy of methods for predicting the future risk of crime at the street segment level. This is surprising given that it is at this level of place that many crimes are committed and policing resources are deployed.

Methods

Using data for property crimes for a large UK metropolitan police force area, we introduce and calibrate a network-based version of prospective crime mapping [e.g. Bowers et al. (Br J Criminol 44:641–658, 2004)], and compare its performance against grid-based alternatives. We also examine how measures of predictive accuracy can be translated to the network context, and show how differences in performance between the two cases can be quantified and tested.

Results

Findings demonstrate that the calibrated network-based model substantially outperforms a grid-based alternative in terms of predictive accuracy, with, for example, approximately 20 % more crime identified at a coverage level of 5 %. The improvement in accuracy is highly statistically significant at all coverage levels tested (from 1 to 10 %).

Conclusions

This study suggests that, for property crime at least, network-based methods of crime forecasting are likely to outperform grid-based alternatives, and hence should be used in operational policing. More sophisticated variations of the model tested are possible and should be developed and tested in future research.

     

Permeability and Burglary Risk: Are Cul-de-Sacs Safer?

That crime is concentrated in space is now accepted as commonplace. Explanations for why it clusters at particular locations are various reflecting the range of factors which are held to influence crime placement. In this article, we focus on the role of the permeability of the street network on the location of crime. We first review the research conducted hitherto, summarising the different approaches to analysis and the findings that have so far emerged. Then we present original analyses conducted at the street segment level to examine the issues at hand. In contrast to much of the prior research, in this study we examine the patterns for a large study area in which there is considerable variation in street network configuration. Moreover, and in contrast to all of the previous research, the approach to analysis takes into account the multi-level structure of the data analysed. The findings demonstrate that increased permeability is associated with elevated burglary risk, that burglary risk is lower on cul-de-sacs (particularly those that are sinuous in nature), and that the risk of burglary is higher on more major roads and those street segments that are connected to them. In the conclusion of the paper we outline an agenda for future research.