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.     

Corporate responsibility or core competence?

Although the concept that corporations are responsible not only to their shareholders but also for the social and environmental impacts of their activities has now entered the mainstream, pressure is still required to ensure that companies honour their public commitments. This article describes the work of the Ecumenical Council for Corporate Responsibility in harnessing the power of individual shareholders and ethical investors in order to hold companies to account, with particular reference to the activities of Shell in Nigeria and the Republic of Ireland. It is argued that companies do not exist to carry out community development, and so should be judged not on these grounds but rather on the impact of how they conduct their core business.     

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.     

FROM RIGHTS TO RESPONSIBILITIES FOR PARENTS

Few pieces of legislation in recent years have been heralded with such enthusiasm as the Children Act 1989, in force in England and Wales as of October 14, 1991. This article looks at the philosophy and principles underpinning this radical landmark in family law, outlines the new provisions in both public and private child care issues, and considers some of the implications and dilemmas for social workers, lawyers, and the courts.     

Systematic Procedures for Operational Code Analysis: Measuring and Modeling Jimmy Carter's Operational Code

In this article we introduce a new scoring system for doing operational code analysis and test its reliability and validity by measuring and modeling President Jimmy Carter's operational code. Using speeches from the public record, we construct indices for the elements of the operational code construct. Based upon the valences and scaled intensities of verbs uttered in the speeches, President Jimmy Carter's views of the political universe and approaches to political action in different issue areas are identified and compared. The results of the analysis provide reasonable support for the face, construct, and content validity of the operational code indices. We find that Carter's view of the political universe and approach to political action were consistent across issue areas during the first three years of his term as president. Following the Soviet invasion of Afghanistan President Carter's support for human rights remained steadfast. Statistically significant shifts occurred in his views of the Soviet Union and others in the political universe and in his approach to political action regarding the conduct of U.S.-Soviet relations and other issues.