Causes of Action: First Findings of the LSRC Periodic Survey

In this paper we report some of the first findings of the LSRC periodic survey of justiciable problems. We confirm the prevalence of justiciable problems amongst the general population. We identify important differences in the experiences of discrete socio–demographic populations, not only in terms of the number of problems faced, but also in terms of the perception of problems and reactions to them. We show that cost is not the principal barrier to taking action or obtaining advice across most problem categories. Other concerns, such as fear or uncertainty as to what can be done are generally more prevalent. We illustrate the range of strategies employed by those who take action, and confirm the rarity of court action. Finally we show that the basic form of Felstiner, Abel, and Sarat's aetiology of lawsuits is recognizable within our findings, although we explain that the manner and form of progression through the various stages is complex and irregular.     

Individual learning and building organisational capacity for development

Building capacities and capabilities for international development is an ongoing subject for debate, further fuelled by recent interest in learning and knowledge. This article focuses on how, and the extent to which, individual learners in education and training programmes for development policy and management interact with their organisations to build capacities and capabilities. It demonstrates some of the ways that individual learning and organisational capacity are linked by examining case studies from Uganda, Zimbabwe and South Africa. The article reflects on the complex nature of this interaction and on the broader challenges of linking learning to development. Copyright © 2006 John Wiley & Sons, Ltd.     

FREDERICK GOULBURN: THE MAN AND HIS OFFICE

Major Frederick Goulburn's appointment in 1820 as Colonial Secretary and Registrar of the Records of New South Wales was something more than the appointment of just another colonial official. It was also a recognition by the home government, as had been the appointment of a Commissioner of Inquiry the previous year, of the changing character of the colony. Though still predominantly a penal colony, it was no longer that alone but was developing also into a colony of free British settlement with economic potential. "Considering the Importance which the Colony has attained from its rapid Increase in Wealth and Population", wrote Lord Bathurst, Secretary of State for War and Colonies, "His Majesty has thought it adviseable to take this opportunity of placing these officers [Colonial Secretary and Provost Marshall] on the Footing on which they stand in other Foreign Possessions of the Crown"; their Commissions were to be prepared for the King's signature in the usual form.     

Student-to-Student Abuse in the Indian Residential Schools in Canada: Setting the Stage for Further Understanding

The Indian residential school system in Canada was established to assimilate Aboriginal children into mainstream society by removing the “Indian within them.” In the past 20 years survivors of the schools have come forward with stories of physical and sexual abuse perpetrated against them by staff. However, what is significantly less spoken of is the abuse which occurred between students. The Aboriginal Healing Foundation recently held a small gathering of survivors, Elders, advocates, and researchers to discuss ways to bring this issue into the open. This article comes out of the discussions held at the gathering. Within the article we offer a conceptualization of the dynamics and processes of student to student abuse within the Indian residential schools in Canada with the hope that it will encourage a deeper discussion of this issue.     

Dignity and Equality

Inequality remains one of the most challenging issues on theglobal human rights agenda. It is widely recognised that a formalapproach to the assessment of inequality has failed to eliminateentrenched structural social and economic inequality and thata different approach is required in order to tackle the rootsof inequality and achieve substantive equality. In seeking toimplement an approach to equality that addresses the historyof apartheid and the social and economic inequality endemicin South African society, the South African Constitutional Courthas rejected formal equality, and is in the process of developinga substantive interpretation of equality based on the protectionof human dignity. Critics of this approach have argued thatthe concept of human dignity is too indeterminate to providea stable foundation for equality law and that it promotes anexcessively individualistic conception of equality. Focussingon key developments in defining human dignity in German andSouth African constitutional law, this article argues that theconcept of dignity is rooted in a rich tradition which is capableof underpinning an approach to equality which avoids excessiveindividualism and fully recognises the interplay between individualand community needs. A detailed exploration of the equalityjurisprudence of the South African Constitutional Court revealshow the dignity-based approach has been developed in order toprovide a framework within which the actual experience of victimsof discrimination can be explored. It is concluded that thisapproach has the potential to engage with the realities of thewide range of divisions within South African society and theireffects in order to address not only the legacy of apartheidbut also to contribute to the creation of a society in whichevery person is valued equally.     

Assessing the impact of casino gambling on crime in Mississippi

The introduction of legalized gambling into a community has generated a great deal of hubris regarding concomitant criminality. While Las Vegas has long been synonymous with organized crime, the recent focus has been on the connection between traditional crime and legalized gambling. The conventional wisdom among opponents of this new source of revenue is that casinos attract many undesirables to the community, thereby increasing crime and social disorganization. Routine activities theory would suggest that with increased numbers of tourists, more opportunities for crime will exist. To test this proposition, the frequency of crime before and after the introduction of legalized gambling in Biloxi, Mississippi was examined. Larcey-theft and motor vehicle theft were the only categories of crime to show statistically significant change. Robbery and aggravated assault increased, while murder and rape declined, although the change was not statistically significant for any category of violent crime.     

Women murderers and victims of abuse in a southern state

We consider the hypothesis that abused women who kill their abusers are not socially different from other abused women. Comparing two groups of women from a Deep South state, one group incarcerated for killing their partners (n=21) and the other served by a shelter for battered women (n=273), we find mixed support for the conclusion that the two groups represent a homogeneous general population of abused women. The women incarcerated for killing their male partners appear to be more isolated from the social mainstream and in greater perceived danger than the women who used the shelter. An earlier version of this paper was presented at the 1990 Southern Sociological Society Annual Meetings. Invaluable comments on earlier versions of the paper were received from Judith Stitzel, Shirley Dowdy, Ann Paterson, Sally Maggard, Janet Curry, Jon Conte, Mary Jo Ullom, and Lorrie Hardy.