The Intensification and Bifurcation of Surveillance in British Criminal Justice Policy

This paper explores the relevance and applicability of recent theoretical developments in surveillance studies in the context of contemporary British criminal justice policy. It will be argued that surveillance now occupies a privileged position in official policy. In a raft of new policy initiatives undertaken either as part the general project to modernise the criminal justice system or in response to particular crises, the surveillant solution occupies the central stage. Thus, whether it be in response to anxieties over sex offenders, failures of social services in protecting children at risk, or the management of the prison population, for example, the policy response has been to increase the surveillance capacity of the state. In particular, in line with the new penology thesis we are witnessing an expansion of the generalised surveillance capacity, in relation to all citizens, which may be characterised as passive and reactive. Simultaneously, vestiges of the old criminology remain as an officially designated ‘hard core’ of persistent or problematic offenders subject to the full panoply of surveillance techniques, which are proactive, extensive and intrusive. Thus, we are witnessing both an intensification and a bifurcation of surveillance practice. This paper was prepared for the European Journal on Criminal Policy and Research special edition on Fear vs. Freedom post 9/11-The European Perspective.     

Who needs fact when you’ve got narrative? The case of P,C&S vs United Kingdom

Legal arguments and judgements ostensibly rely for their credibility and persuasiveness on the presentation of factual claims and determination of facts through due process. While it should follow that proceedings that are undermined by disregard for facticity and due process should not appear credible or persuasive, in practice this is not always the case. In cases where narratives are not firmly underpinned by factuality and due process a series of narrative techniques and processes can be brought into play to enhance the persuasiveness and credibility of those narratives. These processes include the reliance on a narrative trajectory, the presentation of consensus, drawing on supportive discourses, the privileging of certain narrators and the smoothing over of contradictory evidence. This paper examines these processes in the case of P,C&S vs United Kingdom in which in the absence of fact and due process a local authority and the domestic courts in the UK constructed and confirmed a narrative of a dangerous mother.     

On solow's residual with intermediate goods

Many efforts have been made to identify the sources of the ‘unexplained’ output, better known as the ‘residual’ generated in the process of growth. The paper is an attempt to show that the magnitude of the estimated residual based on Professor Solow's well‐known method actually depends on how the dependent variable in the production function is defined. Part of the computed residual is built‐in if value‐added, instead of gross production, is chosen as the dependent variable when Solow's method is applied to a disaggregated model. The paper also demonstrates how the extent of the bias is measured.     

The United Nations convention against the taking of hostages: Realistic or rhetoric?

Abstract

In an effort to circumvent the lack of international agreement on needed measures against political terrorism and impelled by the siege of their embassy in Stockholm in 1975, the West German government decided to propose a convention banning a more specific manifestation of terrorism: the taking of hostages. The author reviews the central political issues that have pervaded the debates on this item within the United Nations until its final adoption in 1979. The most crucial issue was whether the scope of the proposed convention should include actions undertaken by those movements engaged in a recognized struggle for national liberation. The resulting compromise required to ensure its adoption by the General Assembly has left the Convention with an inherent tautology which will undoubtedly hinder and may prevent its general ratification and subsequent entry into force.     

What is ‘fair compensation’ for death or injury?

This note demonstrates that David Friedman's recent assertion that, because full ex post compensation means that the potential injuror is overcompensating, ‘it follows that he will be overdeterred from imposing risk …’ cannot be supported, a priori, except in special cases. It is argued that this finding actually strengthens the case for compensation which is ‘fair’ as defined by Friedman.     

Youth and generation in South African history*

In recent years, “the youth” have captured (or perhaps recaptured) public attention in South Africa. This paper reflects on South Africa’s experience of generational conflict and places it in the broader context of South African history. After attempting to define “youth,” this paper makes two key points. First, far from being a recent development, generational tension has been a continuous feature of Southern African history since at least the late nineteenth century. Second, organized political mobilization is not the way this tension usually manifests itself. Mass youth politics is a specific phenomenon, which needs to be explained historically rather than assumed. The paper focuses on three historical examples to illustrate this: early migrant labor in South Africa, the formation of urban youth gangs, and the sustained youth uprising from 1976 until the early 1990s. It concludes with a tentative attempt to draw some parallels between that phase of rebellion and recent student upheavals.     

Literary Feature Reviews

Negritude and after: changing perspectives in French‐language African fiction

The Black Cloth: A Collection of African Folktales. Bernard Binlin Dadie. Translated from the French by Karen C Hatch. Amherst, Massachusetts: The University of Massachusetts Press. 1987. 140pp.np . hb

Black Docker. Sembene Ousmane. Translated from the French by Ros Schwartz. London: Heinemann Educational Books. 1987. 120pp. £3.95pb

Tribaliks: Contemporary Congolese Stories. Henri Lopes. Translated from the French by Andrea Leskes. London: Heinemann Educational Books. 1987. 86pp. £3.95pb

The Laughing Cry: An African Cock and BuU Story. Henri Lopes. Translated from the French by Gerald Moore. London: Readers International. 1987. 260pp. £4.95pb

Chinese literature in renaissance

Mulberry and Peach: Two Women of China. Hualing Nieh. London: Women's Press. 1986. 197 pp. £3.95pb

One Half of the Sky: Selection from Contemporary Women Writers of China. Edited and translated from the Chinese by R A Roberts and Angela Knox London: William Heinemann. 1987. 143 pp. £11.95hb

Leaden Wings. Zhang Jie. Translated from the Chinese by Gladys Yang London: Virago Press. 1987. 180 pp. £3.95pb

Waves. Bei Dao. Edited by Bonnie S McDougall. Translated from the Chinese by Bonnie S McDougall and Susette Ternent Cooke. London: William Heinemann. 1987. 234 pp. £11.95hb     

Treatment manuals: The good,the bad and the useful

Abstract

This paper offers a commentary on the debate between Marshall and Mann on the desirability and merits of treatment manuals in the treatment of sexual offenders. Marshall offers a view of manuals as restrictive to clinical practice and as stifling to clinical innovation. Mann takes the position that manuals are a vital component in effective correctional practice. The commentary suggests that these contrary views are understandable: Marshall takes a clinical perspective and advocates best practice; Mann speaks from a realist forensic perspective in which manuals offer a practical means to deliver treatment on a large scale within prisons and probation. Of course, both positions have their merits and it is suggested that the two are perhaps not irreconcilable if the skills of the practitioner and model of treatment delivery are taken into account.