Coming Clean About the Criminal Law

This paper addresses three doctrinal phenomena of which it finds evidence in English law: the quiet extension of the criminal law so as to criminalise that which is by no means an obvious offence; the creation of offences the goal of which is not to guide potential offenders away from crime; and the existence of offending behaviour which is not itself thought to justify arrest or prosecution. While such phenomena have already been criticised by other criminal law theorists, this paper offers a critique to which little attention has yet been paid. It argues that the existence of these phenomena has been concealed from public view: that the organs of state have encouraged the belief that they are no part of English law. The paper then argues that it is high time the state came clean. The state owes its people answers for the imposition of the criminal law: it must account for the creation and enforcement of any given criminal offence. When the state misleads its people about the criminal law’s scope, goals and enforcement, it refuses to provide those people with the answers they are owed.     

Evolutionary psychology and politics

Like its predecessor sociobiology, evolutionary psychology has distanced itself from political discourse. In so far as evolutionary psychology can contribute towards an understanding of politics, it claims to do so only as a potential explanation for political behaviour. However, I argue that evolutionary psychology - like sociobiology - is itself a political phenomenon. It proceeds from a conception of the political - drawn from the Hobbesian social contract tradition - which crucially informs its theoretical trajectory. A recognition of the political character of evolutionary psychology, in this respect, should be the starting point of its critique.     

The failure of british obscenity law in the regulation of pornography

Abstract

Summary: In this paper the author addresses the problem of pornography with particular reference to legal regulation in England and Wales against the wider context of the lack of adequate control of pornography world-wide. This is explored first by an examination of the nature and increasing availability of pornography. Second, is provided a consideration of the competing philosophical and ideological arguments for and against its regulation. Third, is provided a statement of the current legal regulatory mechanisms of control germane to the global dissemination of pornography. Finally, the application and effectiveness of obscenity law in England and Wales is considered.     

SURREPLY

This is a follow‐up to our previous “Comment” responding to an article by William How and Hugh McIsaac.