The Case for a Rational Reconstruction of Consent in Criminal Law

This article argues for consistency in criminal law and the need for 'rational reconstruction' of the law where necessary to achieve this. It focuses Parliament's failure to respect the need for consistency by passing a statutory definition of consent in the Sexual Offences Act 2003 which appears to apply only to sexual offences. As a result, the law on consent risks being a patchwork of statute and ad hoc case law, without any overarching principle to deal with new situations and different offences. The consequent lack of certainty, accessibility, predictability and fairness is compared to the standards of the European Convention on Human Rights. The statutory definition of consent in the context of the sexual offences is assessed critically as a model which could be used in offences against the person and property offences. The article concludes that until Parliament responds to the need for certainty and consistency by legislating on consent, there can be no rational reconstruction of consent under the Sexual Offences Act 2003.     

Epistemic Communities: A Reply to Toke

This article contests the understanding of Peter M. Haas's 'epistemic communities' approach, forwarded by David Toke in his article in Politics of May 1999. It is argued that while Toke diagnoses the approach's failing correctly, the cause he identifies is off the mark. This particularly concerns his assertion of a positivist dogma underscoring the thesis, which is rejected as a misinterpretation of Haas. Rather, it is contended that the framework's inability to engage with the real world of politics, and the other groups therein, is a product of its lack of theoretical refinement and rigorous empirical examination.     

People and Power: Democracy after Brexit

The result of the 2016 European Union (EU) referendum revealed a disconnect between policy makers and the public, particularly those who could be considered part of Britain’s contemporary working class. Whilst there has been significant attention paid to the parliamentary activity to agree the terms under which Britain will leave the EU, there has been comparatively less attention paid to the causes of the vote, and what can be done to improve public trust in democracy. This article proposes a new public attitudes‐led policy‐making model, using democratic innovations and design thinking, to reconnect policy making to the public and improve political equality.     

Modeling the Social and Spatial Proximity of Crime: Domestic and Sexual Violence Across Neighborhoods

Journal of Quantitative Criminology - Our goal is to understand the social dynamics affecting domestic and sexual violence in urban areas by investigating the role of connections between area...     

The Relationship between Human Needs and Criminogenic Needs

Abstract

Precipitators are personal attributes enhancing a person's likelihood of becoming criminally victimized. The present experiment focuses on walking style synchrony as a nonverbal determinant of differential perceptions. Findings suggest that walking styles associated with a lack of interactional synchrony - a lack of organized movement, a lack of ‘wholeness’, a lack of flowing motion - result in higher ratings of robbery potential and in lower ratings of perceived self-confidence of a target relative to more synchronous walking styles. Analyses also suggest that high criminal involvement is associated with more easily construing situations as ‘opportunistic’. Some implications for assertiveness and self-defense training programs are discussed.     

Squatting for Survival: Precarious Housing in a Declining U.S. City

Despite severely depressed property markets, housing in declining U.S. cities can be surprisingly unaffordable for poor residents. Yet the characteristics of decline, such as abundant vacant property and constrained economic/political conditions, also provide opportunity for squatting. This article explores survival squatting—illegal occupation of property as a means for procuring suitable housing by marginalized residents. Drawing on a 4.5-year ethnography in Detroit, I examine the mechanisms by which people strategically choose squatting as a method of sheltering in the context of local conditions, and the experiences and conditions of this practice. I situate these empirical findings within a broader discussion comparing squatting and other forms of housing that have received considerable attention by researchers (e.g., shelter use, sleeping rough, doubling up). Squatting is particularly risky and unstable, and often very hidden. Substandard housing conditions prevail, and substance abuse is common. Squatting may have negative implications for child welfare, but may also provide measures of independence, self-determination, and comfort for illegal occupiers. There is a critical need for further research in this area, both to inform comprehensive housing policies and to anticipate how squatters’ well-being is impacted by other urban initiatives, such as blight demolition.     

Regulating lobbying activities in the European Union: A voluntary club perspective

This article offers a systematic exploration of why interest groups sign up to the European Union Transparency Register, a non‐binding lobby regulation system. We distinguish between instrumental and normative perspectives to explain voluntary compliance, and find that concern for one's reputation represents the most important motivational driver. Based on this, we suggest that the Transparency Register can be understood as a “voluntary club” sponsored by European institutions. This theoretical perspective captures the appeal of the instrument among lobbyists, but also a number of inconsistencies in its current design, which make it unviable in the long term. We outline implications for the ongoing reform of the Transparency Register, and more generally for the regulation of lobbying activities. The analysis draws on semi‐structured interviews with various types of lobbyists active in Brussels, and on data from public consultations organized by the European Commission.