Core Values, the Magistracy, and the Auld Report

In this article I shall first examine the core values underlying criminal justice about which there is some consensus. I then briefly review the current arrangements and decision making processes in magistrates courts in England and Wales before relating the core values to those arrangements and processes. This leads me to certain conclusions about the magistracy that I contrast with Auld's conclusions and recommendations.     

Privatization, Chinese-style: economic reform and the state-owned enterprises

This article reviews 'corporatization' and 'marketization', shorthands for privatization, in the Chinese economy. In particular it concentrates upon the most recent round of state-owned enterprise reforms, the Modern Enterprise System and Group Company System, aimed at transforming China's largest state-owned enterprises into internationally competitive corporations. This represents a partial privatization, given that the state will retain majority ownership, while acquiring domestic and foreign capital via sharelistings and foreign and domestic joint ventures.
Drawing upon interview material from a five-year study of state-owned enterprises, the authors will indicate that such part privatization has been pragmatic and relatively slow. It has been constrained and circumscribed by broader economic and social reform programmes and accompanied by political decentralization and reforms. Ultimately, the reform and pace of reform is shaped by the desire to avoid political and social unrest which could, potentially, threaten the harmony of the Chinese central state apparatus.     

Hungarians and Germans: A literaryHassliebe

Originally presented as a paper at the Biennial Conference on Central and Eastern Europe, University of South Florida, March 30–April 1, 1995.     

Some conditions maximizing eyewitness accuracy: A learning/memory analogy

Jurors continue to rely heavily on eyewitness testimony despite numerous demonstrations that it is often inaccurate. As part of the effort to provide jurors with good estimates of the accuracy of any specific testimony, a study was designed to test the proposal that eyewitness accuracy is governed by the same variables and in the same way as is retention of much simpler material in classical learning and memory paradigms. Prior exposure to the criminal (trials), arousal value of the incident (drive), and delay between prior exposure and incident, and between incident and test (inner-trial intervals) all affected eyewitness accuracy in the expected manner. Correct recognitions of the criminal in a line-up ranged from 14 percent to 86 percent, depending on the particular conditions under which the incident was observed.     

Coombs’ Bastard Child: The Troubled Life of CDEP

In the mid 1970s HC Coombs was a major promoter of the idea behind the CDEP scheme: that rather than pay lots of Aboriginal people in remote areas unemployment benefits it would be more constructive for them to be employed part‐time by local Indigenous organisations to undertake socially useful tasks. From this simple idea was born one of the most significant and, in time, one of the largest Indigenous‐specific programs Australia has seen, the Community Development Employment Projects scheme. The birth was not easy and neither has been the subsequent life of what I have called, with great licence, Coombs’ bastard child.     

Human Dignity in the EU Charter of Fundamental Rights and its Interpretation Before the European Court of Justice

This article argues that the EU Charter’s dignity provisions must be given a specific, expansive European meaning that underpins the importance the EU places on fundamental rights protection as a principle EU value. To this end, the article examines the EU Charter provisions on dignity and critically analyses the case law before the EU Charter had full legal effect and after it did. It finishes with looking at three areas in which the potential for an expansive interpretation of dignity could help bring the EU closer to its people and fully respect and protect dignity: asylum, criminal justice and sexual orientation.     

Beyond the Gaze and Well Beyond Wolfenden: The Practices and Rationalities of Regulating and Policing Sex Work in the Digital Age

Drawing on the largest study of the United Kingdom online market in sexual labour to date, this article examines the legal and regulatory consequences as aspects of sex work increasingly take place within an online environment. Our research shows that while governmental policy has not kept abreast of these changes, the application of current laws (which have, since the 1950s, focused on public nuisance and, more recently, trafficking and modern slavery) are pernicious to sex workers and unsuited to recognizing and responding to the abuses and exploitation in online markets in sexual labour. These injustices are likely to be exacerbated if policies and policing do not better align with the realities of these markets in the twenty‐first century. This demands a more nuanced regulatory approach which recognizes that people may engage in sex work of their own volition, but which also addresses conditions of labour and criminal exploitation.