Law and Politics in the Reign of Charles I: The Case of John Prigeon

The case of John Prigeon (1634) was an important precedent in the development of administrative law, and the control of local agencies by the central courts. This article shows that its apparent simplicity is misleading. The case was relevant to a major conflict between two powerful personalities, Archbishop Laud and Bishop Williams, over the religious policies of the Caroline regime, and over patronage in the church and the royal court. It also raises issues of the independence of the judiciary in Charles I's reign and the common law judges' understanding of their role both in their own courts and in Star Chamber. This latter is the particular focus of this article.     

‘Coping with the job’: prison staff responding to self-harm in three English female prisons: a qualitative study

This study considers how those who work in prisons are affected by and respond to repetitive self-harm of imprisoned women in English prisons. This paper considers the perspectives of custodial staff working in this area on a day-to-day basis. Semi-structured face-to-face interviews were conducted with 14 prison staff and explored using techniques of thematic analysis. The interviews examined: the emotional impact of working with and witnessing self-harm incidents, coping strategies used, training and the support available to prison staff. Findings indicate the strategies used by staff to cope emotionally with such incidents and these include presenting a ‘façade of coping’, rejecting support and becoming desensitised. It is concluded that staff felt they must portray themselves as coping well with self-harm in prison even when they were troubled and emotionally affected by it. However, some did describe accepting help when outside of the prison and this has implications for how support can be offered in the future. It is recommended that more should be done to support and train staff in this area.     

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.     

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.     

THEY'RE NOT ALL “MY FAIR LADY”

This article examines debates about public culture from the late 1980s to the present and identifies thirteen arguments that have been used to justify an investment in public culture: public interest, national security, merit, moral worth, the good life, economic development, politics, education, democracy, American identity, shared symbols, diversity, and innovation. The article then asserts four positions: (1) public culture and democracy are mutually constitutive, (2) elite culture can be detrimental to democracy, (3) the deliberate pursuit of diversity is a democratic endeavor, and (4) culture can bridge social differences. The article closes with a discussion about whether any form of public culture has yet been achieved in America, drawing on the work of Tyler Cowen and Bill Ivey.     

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.