Understanding Dworkin through art: object-based learning and law

This article explores object-based learning (OBL), a burgeoning pedagogical approach in higher education. Object-based learning engages students’ pre-existing visual and conceptual literacy as a gateway to work through difficult threshold concepts. The article advocates this exciting learning model in law by articulating what it is, explaining how it can be applied through the example of teaching Dworkin in a jurisprudence module. The article introduces OBL approaches, details how it is relevant to jurisprudential teaching as well as its scope for application across legal teaching. It explains how such an approach moves away from transmission modes of teaching into transformational ones, accessing students’ abstract web of comprehension in conjunction with text-based learning to produce more imaginative and creative critical thinking skills.     

HOW THE WEST LOST ITS BEST OPPORTUNITY FOR RECONCILIATION IN AFGHANISTAN

The article asserts that the current situation in Afghanistan could have been quite different. Well before 9/11, Abdul Haq, a Pushtun and a veteran commander in the war against the Russians, put forward a plan to overthrow the Taliban from within, a plan which had significant support inside Afghanistan. Haq, who was subsequently killed by the Taliban, was ignored by the West, which chose instead to intervene militarily, to support the war lords of the Northern Alliance and thus to marginalise the Pushtuns. The 2002 Loya Jirga was the crucial moment for the West, which failed to realise that Pakistan had its own, very different agenda.     

Performance Reporting: Assessing the Annual Reports of Malaysian Local Authorities

There have been calls for Malaysian local authorities to be more transparent and accountable in the discharge of their functional responsibilities. This study empirically evaluates the extent and quality of current performance reporting by local authorities. The disclosure of relevant information for discharging accountability obligations, as defined by a broad range of stakeholders, falls short of best practice. Therefore, the performance of Malaysian local authorities lacks transparency. The findings could assist in the development of more comprehensive guidelines for local authority reporting and raise awareness of information stakeholders expect to be reported in the context of accountability.     

Sex offender treatment is not punishment

Abstract

The treatment of sexual offenders can be fraught with ethical dilemmas. Practitioners must balance the therapeutic needs of sex offender clients alongside the risks they might pose to others. These ethical challenges include balancing community safety with the rights of the offender, the privileged therapeutic relationship and the potential for coerced treatment. In this paper, we respond to Glaser's argument that treatment is punishment and that sex offender treatment providers breach ethical codes by violating confidentiality, engaging in coercion, and ultimately causing harm to clients. We first consider whether sex offender treatment is indeed punishment. We argue that it is not, and that mandated treatment can and should be conducted in a fashion consistent with professional codes of ethics familiar to mental health providers. We then discuss the human rights model, which we agree is an essential lens through which to view the psychological treatment of sexual offenders. We attempt, as have other scholars, to illustrate the ways in which human rights principles intersect with traditional mental health codes of ethics particularly in the case of sex offender treatment. We conclude that sex offender treatment can be conducted ethically, that treatment differs from punishment in clear and distinct ways, and that ethical treatment conforms to a human rights perspective.     

The reverse mortgage as an asset management tool

Abstract

Reverse mortgages are usually seen as a vehicle for increasing the income of poor, elderly households. This perspective, coupled with the relatively slow growth of reverse mortgage programs, has led some observers to question the growth potential of the reverse mortgage market. This article presents a more expansive view of reverse mortgages as a financial tool for tapping housing equity for various purposes and at various stages in the life cycle.

Three market segments for reverse mortgages are discussed: elderly persons living alone, other elderly households, and non‐elderly households. Potential uses include turning housing equity into personal human capital investment accounts, enabling children to provide care for their disabled parents, funding elderly households’ long‐term care insurance, and sustaining consumption. Recent progress in product development and availability and political pressures to find private financing for health and long‐term care suggest that the reverse mortgage market has considerable growth potential.     

The Absolutist Advantage: Sacred Rhetoric in Contemporary Presidential Debate

Sacred rhetoric invokes nonnegotiable convictions rather than reasoned consequences. This form of rhetoric, grounded in transcendent authority and moral outrage, provides an electoral advantage by inspiring greater political engagement and valorizing candidates in the eyes of voters. A study of the language employed in contemporary presidential debates from 1976 to 2004 illustrates that while Democrats made sacred appeals in a few political domains, Republicans employed sacred rhetoric more frequently across a broad range of issues. Democrats have relied more heavily on projected numbers and plans rather than protected values and bounds, often yielding to Republicans an absolutist advantage.     

The Spatial Distribution of Postblast RDX Residue: Forensic Implications

Locating exactly where trace explosive residue samples should be sought during sample collection at bomb scenes is not specified in the published literature or guidelines; in this area, it is generally acknowledged that forensic practices are based on tradition rather than evidence. This study investigated patterns in the spatial distribution of postblast 1,3,5‐trinitro‐1,3,5‐triazocyclohexane residue from a series of unconfined detonations, over a range of sampling sites, and at two different detonation heights. The amount of residue recovered from the sites decreased as a function of distance from the center of the explosion. [Correction added after online publication 27 December 2012: In the preceding sentence, “increased” was corrected to “decreased” to agree with the conclusion of the article.] As the height of the detonations increased, more residues were found from all sampling sites. The findings of this empirical study have a number of important practical implications including determining where residue samples are best sought at crime scenes.     

The Left and Constitutional Reform,Gladstone to Miliband

Nineteenth‐century constitutional reformers focussed on parliament. Their central idea was citizenship, modelled variously on the democracy of ancient Athens, small communities like Switzerland, and especially the United States, a particular inspiration for Gladstone who admired its constitution. The 1911 Parliament Act marked the final triumph of the Victorian Liberals legacy, with a very different impetus coming from Lloyd George during his coalition. Labour focussed on class, not the constitution, though the ILP favoured localism and devolution, before succumbing to a centralising unionism. Tawney championed the idea of social citizenship, emphasising activism and education. After 1945, Labour did not prioritize constitutional reform until the dramatic changes that came after 1997. Gordon Brown then revived the notion of citizenship, and possible codification, in pursuing the values of Britishness. Labour's legacy was a confusing one. But Ed Miliband's policy revision could reclaim the idea of citizenship, an egalitarian concept to counter the inequalities of class.