Justice and equality in mental health law: the European experience

This is the text of a lecture delivered at the World Conference of the International Academy of Law and Mental Health in Sydney in September 2003 on the occasion of the award to the author of the Prix Philippe Pinel. Its theme is the potential of the European Convention on Human Rights to secure the human rights of people with mental disorders and disabilities, viewed in the context of the legislation on mental health and mental incapacity in England and Wales. Its conclusion is that the Convention is better at protecting them from unwanted or unnecessary treatment and care than it is at securing for them equal access to the treatment and care they want or need. The lecture has been updated to reflect developments in the United Kingdom since 2003.     

Motives of reward among men who rape

Perceptual deterrence research attempts to measure the effect of perceived certainty and severity of punishment in preventing criminal behavior, while considering the rewards (from the perception of the offender) of committing the crime. Many studies in the area of perceptual deterrence are lacking any measure of reward, resulting in an incomplete model. This study will examine the goals of men who commit rape to better understand what compels the rapist. Respondents for this study were drawn from the population of rapists in the maximum security state penitentiaries located in two Southern states. All were surveyed concerning the rewards that would lead them to commit rape, while considering two levels of risk of apprehension. The results reveal that those who rape often have a specific motive in mind and have calculated the risks involved in committing the offense.     

Beyond the barriers: new forms of labour internationalism

Concern about working conditions in a global supply chain has led unions and NGOs in the North to collaborate on initiatives such as the Clean Clothes Campaign (CCC) and the Ethical Trade Initiative (ETI) in the UK. Relationships have not always been easy, but experience has shown that when trade unions and NGOs work together on particular disputes or campaigns, their differences tend to disappear. These new forms of labour internationalism offer an effective response to the threat to workers' rights posed by globalised production.     

Holding Collectives Accountable

This article argues that there is a need to understand better the legal origins of collective responsibility, as well as to provide additional material for further judicial interpretation of this form of responsibility. For the purposes of this article, collective responsibility refers to the form of individual criminal responsibility that holds individuals accountable for the criminal purpose or objective of a group where they acted in concert with others or otherwise contributed to the fulfillment of the common criminal plan. To spur on further inquiry into the subject of collective responsibility specifically, this article examines the contribution of the United Nations War Crimes Commission (UNWCC) to the development of this mode of liability and discusses how it is relevant today. In order to provide sufficient background information on this subject matter, this article begins by presenting an overview of the evolution of collective responsibility from Nuremberg to where it stands in practice at the ICC. Finally, the article will demonstrate how the Commission’s diplomatic exchanges in tandem with cases under its supervision contributed to early formation of customary international law and how these historical events are important today.     

Shuttle and Online Mediation: A Review of Available Research and Implications for Separating Couples Reporting Intimate Partner Violence or Abuse

Whether family law cases with a history of severe intimate partner violence and/or abuse (IPV/A cases) should have the option of settling family‐related issues using mediation is the subject of significant debate. Recommendations for potentially safer ways to mediate IPV/A cases have been developed, including shuttle and online mediation. Given the current lack of research on these forms of mediation with IPV/A cases, we review the research on shuttle and online mediation in other contexts and theorize how the findings might apply to IPV/A cases. We argue that, although online and shuttle mediation may benefit IPV/A cases, aspects of these procedures require special considerations.     

A pretty pass: when is there a right to die?

This paper, the 2002 Fison Memorial Lecture, reflects on the state of the law on the right to die, following the cases of Mrs Pretty and Ms B. Particular attention is drawn to a number of developments in the European Court of Human Rights.