Placing the Animal in the Dialogue Between Law and Ecology

This paper explores the growing dialogue between law and ecology, and asks if there is a promising space for the development of animal law in this growing dialogue. Specifically it sets up two meetings and dialogues between ecology and law, one with law prevailing, and one with ecology prevailing, The article pursues the later meeting of ecology and law through introducing and then compiling four prominent groupings in the ecology prevailing dialogue between ecology and law (Ecosystemic Law; Earth Jurisprudence; Resilience Theory; approaches embracing philosophical complexity theory). The article argues that in this dialogue that ecologically informed approaches develop a fundamental critique of orthodox legality, and that ecologically informed approaches consequently assume the problematic of legality, and that in so doing ecology and legality are each transformed. What emerges from these transformations is an ecological jurisprudence, and ideas of Emergent Law, Adaptive Law, and Ecolaw. In the final two sections the article turns directly to the place of the animal in the ecology prevailing dialogue between ecology and law. The article argues that in this dialogue affective assemblage theory has developed as a pre-prepared place for the animal as an affective body in complex social–ecological affective assemblages. The conclusion briefly draws out some of the implications for animal law and animal lawyers in taking up the conclusions from the ecology prevailing dialogue between law and ecology. The article suggests it may well be an exciting dialogue for animal law to find a place for exploration.     

INADEQUACIES IN THE PROCESSES OF POLICY DEVELOPMENT IN AUSTRALIA

Abstract: Policy and policy development have received considerable attention in Australia over the last decade or more. This attention has resulted in many recommendations on policy in the series of major public service inquiries of the 1970s, in a number of books and journal articles on varied aspects of public policy, and in the considerable strengthening of the policy development capacities of many government agencies. This attention has to date been inadequate, because it has in almost all cases concentrated on the questions of where within the bureaucratic structure policy development should occur and what procedural mechanisms are needed to allow ministers or cabinet to choose between alternative policies and to facilitate the coordination of policies. These questions are of course important, but questions of how a well-considered policy option that can be considered by a cabinet or a minister is actually developed appear to have been almost totally ignored. In the public service inquiries, in the published literature, and in public accounts of the work of policy units, there appears to be virtually no analysis of the process of policy development. There is little or no discussion of how the standard formal models of policy development match or fail to match the techniques used in Australia, and although there have been many individual case studies of policy issues, there are no comparative case studies from which general observations might be drawn. Lastly, there are very few positive suggestions as to how policy development in Australia could be improved. Overcoming these inadequacies provides a major challenge to Australian policy workers.     

Endotracheal tube ignition by electrocautery during tracheostomy: case report with autopsy findings

This case of upper airway tract fire resulting from the use of electrocautery during elective tracheostomy has significance for surgeons, anesthetists, and forensic pathologists alike. The major autopsy findings are described and illustrated. Suggestions that may help to prevent or minimize the risk of fire in this context are reviewed.     

The lay component in Scottish juvenile justice

A recently completed study of the Scottish juvenile justice system, employing a variety of methodological approaches, is used as a source of information on the behavior and attitudes of the lay volunteers who make up children's panels and are responsible for decisions concerning young people who are alleged to have committed an offense or are believed to be in need of care and protection. The reported data relate to the beliefs of panel members as to the causes of delinquency and the objectives of intervention and alternative disposals; the topics they raise for discussion in children's hearings and the factors which influence the decisions they make; and the manner in which they are perceived by the children and parents who have appeared before them.