Assisted reproductive technologies: professional and legal restrictions in Australian clinics

The professional and legal regulation of assisted reproductive technologies (ART) in Australia is a vast maze of intersecting laws and guidelines which place restrictions on the provision of services such as infertility treatment, surrogacy, sex selection for social reasons, donor insemination, pre-implantation diagnosis and human embryo research. This study investigated the application of these restrictions on clinical practice in New South Wales, a relatively unregulated State, and Victoria, a relatively highly regulated State. The results of the survey indicate that the range of ART services in Victorian clinics was far more limited than in New South Wales clinics. The Victorian clinics uniformly restricted access of single and lesbian women and did not offer social sex selection procedures. The New South Wales clinics adopted different polices regarding these services. It was found that restrictive laws governing "social" issues have a significant impact on the availability of ART services and some respondents seemed unclear about the nature of restrictions and laws relevant to their work. It was also found that "reproductive tourism" is prevalent and restrictions were circumnavigated by patients with assistance from clinics. It was concluded that more evidence is required to evaluate regulation in this field of medicine.     

A survey of drug use and attitudes toward drugs among male law students and police trainees in Queensland,Australia: A research note

During first semester 1980, 96 first and last year male police students and 166 law students were surveyed about their drug use patterns and attitudes towards alcohol. Of these students, 69.3 percent drank at least once a month, 80.7 percent used coffee or tea, 23.6 percent analgesics, 3 percent antihistamines and marijuana and less than 1 percent sedatives, tranquilizers, stimulants, hallucinogens, cocaine or opiates once a month or more. Law students used caffeine and marijuana significantly more frequently than police students. On the whole, there were more similarities than differences between the two groups in terms of drug consumption. In terms of attitudes, police students felt significantly more than law students that alcoholism was caused by moral weakness and medical illness as shown in the Attitude Towards Alcoholism questionnaire. But significantly more police students (82 percent) than law students (37 percent) felt that it was important to have drug and alcohol education as part of their course of study. Also significantly more police students (58 percent) than law students (24 percent) felt that they were prepared to manage drug or alcohol problems professionally.     

Social control of sexual assault by physicians and lawyers within the professional relationship: Criminal and disciplinary sanctions

Two penal sanctions may be imposed judicially on physicians and lawyers who are alleged to have sexually assaulted their patients and clients. Appellate opinions in each state reporting such a case were examined from 1980 through June, 1993, and generalizations from those opinions are reported here. In each profession, the administrative/disciplinary sanction imposed by the professional association may offer a stronger means of social control than does the criminal sanction. The efficacy of the disciplinary sanction, relative to the criminal, is attributable to the facts that the burden of proof is easier to meet and defenses commonly raised in sexual assault cases are not available in disciplinary proceedings. The significance of this pattern is discussed in relation to Black’s theory of the behavior of law, specifically with respect to the manner in which the style of social control is influenced by stratification, the relational distance between the parties, and organization. An earlier version of this article was presented at the National Conference on Ethics and the Professions, Gainesville, Florida, January 31, 1992. The author extends thanks to colleagues and the anonymous reviewers for their comments on an earlier draft.     

Managing Victim Confrontation: Auto Theft and Informal Sanction Threats

Objectives. This paper explores how offenders manage the prospect of victim confrontation during auto theft. Methods. Data were drawn from in-depth, semi-structured interviews with 35 active offenders recruited from the streets of a large Midwestern US city using snowball sampling methods. Results. Two contextual domains figured prominently in the offenders’ decision-making calculus: The area around the target and the target itself. The first galvanized the offenders’ attention to, and management of, informal social control. The second enjoined offenders to balance speed and stealth in breaching the target. Conclusions. Victim confrontation is an informal sanction that is distinct from both retaliation and traditional extralegal sanctions. The rarity with which it occurs in auto theft is likely due to confrontation avoidance measures offenders adopt at the front end of the offense and during the enactment process itself. The conceptual implications of victim confrontation in crime are explored in relation to the following five areas: (1) sanction celerity and present orientation; (2) sanction certainty and ambiguity aversion; (3) sanction interdependence; (4) violence avoidance; and (5) directions for future research.     

Irrational Addicts and Responsible Pleasure Seekers: Constructions of the Drug User

Historically, drug use has been understood as a problem of epidemiology, psychiatry, physiology, and criminality requiring legal and medical governance. Consequently drug research tends to be underpinned by an imperative to better govern, and typically proposes policy interventions to prevent or solve drug problems. We argue that categories of ‘addictive’ and ‘recreational’ drug use are discursive forms of governance that are historically, politically and socially contingent. These constructions of the drug problem shape what drug users believe about themselves and how they enact these beliefs in their drug use practices. Based on qualitative interviews with young illicit drug users in Brisbane, Australia, this paper uses Michel Foucault’s concept of governmentality to provide insights into how the governance of illicit drugs intersects with self-governance to create a drug user self. We propose a reconceptualisation of illicit drug use that takes into account the contingencies and subjective factors that shape the drug experience. This allows for an understanding of the relationships between discourses, policies, and practices in constructions of illicit drug users.