Seeing Law: The Comic,Icon and the Image in Law and Justice

This special issue examines how the comic and the icon prefigure forms of legality that are different to modern law. There is a primal seeing of law unmediated by reading, writing or possibly thinking. This introduction identifies the primacy of the eye, the emergence of visual jurisprudence and the transformations of law as a paper-based material practice to a digitally enabled activity.     

Advising Ministers – The Special Problem of Defence

Successive Australian Defence Ministers have been frustrated and occasionally embarrassed by the quality of advice and information provided to them by the Defence organisation. Decades of reviews and reorganisations have failed to find solutions to the special difficulties that Defence faces in providing accurate, timely information and advice to ministers across the broad spectrum of their responsibilities. This article argues that there are multiple explanations for the concerns that are frequently expressed about its policy advisory capacity – most of which are inherent to Defence organisations around the world. While the Defence culture of secrecy is partly responsible, other factors such as the scale of Defence's operations, the multiple cultures that exist within it (military, civilian, and intelligence) that make coherence harder than in more homogenous departments, the long‐time horizons of defence planning as well as the high costs of procurement, must also be considered. The erosion of trust between the organisation and minister has been exacerbated by the intense scrutiny of the media that overburdens ministers and adds another layer of complexity to their role. As history shows, there are push and pull factors that continue to embroil ministers in the minutiae of defence difficulties, while the complexity and scale of operations will undoubtedly continue to impact on the timeliness of advice.     

Protecting Medicare: the best defense is a good offense

Traditional Medicare is being threatened from two political directions. The current Republican coalition, on the right, simply dislikes social insurance in principle. It seeks privatization for its own sake. Another perspective, centrist and well established among political and economic elites, worries that the program is "unaffordable," whatever its basic merits. Defenders of traditional Medicare need to address both threats by explaining why the budgetary fears are misconceived and why privatization is simply a bad idea. In order to do this, they need to take the budgetary high ground, argue more strenuously for short-term cost controls, and criticize the extra spending that the Bush administration has used to encourage private plans within Medicare. Defenders of social insurance should also seek good policy and political allies by proposing that Medicare's network of providers, prices, and administration be made available to employers (and other pools) in much the way that self-insured groups currently rent networks from private insurers.     

Law, autonomy and advance directives

The principle of autonomy underpins legal regulation of advance directives that refuse life-sustaining medical treatment. The primacy of autonomy in this domain is recognised expressly in the case law, through judicial pronouncement, and implicitly in most Australian jurisdictions, through enactment into statute of the right to make an advance directive. This article seeks to justify autonomy as an appropriate principle for regulating advance directives and relies on three arguments: the necessity of autonomy in a liberal democracy; the primacy of autonomy in medical ethics discourse; and the uncontested importance of autonomy in the law on contemporaneous refusal of medical treatment. This article also responds to key criticisms that autonomy is not an appropriate organising principle to underpin legal regulation of advance directives.     

Police officer attitudes to the practicalities of the sex offenders’ register,ViSOR and Child Sexual Abuse Disclosure Scheme in England and Wales

This paper examines police officer understandings of and attitudes to the sex offenders’ register, Violent and Sex Offenders’ Register (ViSOR) and Child Sexual Offender Disclosure Scheme (CSODS) in England and Wales – an under-researched area in the management of sexual offenders in the UK. This research is an adaptation of an American study utilising a mixed-methods approach, combining an online questionnaire survey (N?=?227) with a series of semi-structured interviews (N?=?27). The study found that police officers, irrespective of role, were generally supportive of the register, ViSOR and CSODS in principle, but they thought that logistics, practicalities, infrastructure, multi-agency collaboration and public understandings had problematic impacts on the scheme in practice. The participants believed that greater investment was needed in terms of time and resource to make the register, ViSOR and CSODS easier to use and access and thus fit for purpose.     

Enhancing judicial skills in domestic violence cases: the development,implementation, and preliminary evaluation of a model US programme

ABSTRACT

The overwhelming number and complexity of domestic violence cases in criminal and family courts has resulted in the development of education programmes to assist judges. There is limited research on judicial education in this area. This paper reviews one such initiative entitled ‘Enhancing Judicial Skills in Domestic Violence Cases’ (EJS) that has been developed and implemented over the last 20 years by the National Judicial Institute on Domestic Violence, a partnership of the US Department of Justice Office on Violence Against Women, National Council of Juvenile and Family Court Judges and Futures Without Violence. We present findings of a preliminary evaluation of the programme based on the self-reports of 480 judges who had taken the four-day workshop between 2006 and 2010. Overall, judges reported the programme to be engaging and effective. At a six-month follow‐up, most of the judges identified specific benefits and behavior changes in the areas of access to justice, judicial leadership, victim safety, and abuser accountability as a result of participating in the programme. Critical issues in judicial education are highlighted based on the authors’ experiences in the development and implementation of this programme.     

Student/trainee-professional implicit theories of paedophilia

Abstract

This research investigates student/trainee-professional implicit theories of paedophilia and their explanations for the current crisis of paedophilia. The research methodology is based on a previous research design (Sternberg, Journal of Personality and Social Psychology, 49, 607–627, 1985), and consists of two interrelated studies. Study 1 (n=60) develops scales for student/trainee-professional implicit theories of paedophilia and Study 2 (n=188) uses these scales in conjunction with other scales to define the student/trainee-professional implicit theories of paedophilia and to measure the potential explanations for the current crisis of paedophilia. The findings indicate that student/trainee-professional implicit theories of paedophilic personalities (pathology, abusive and mentally disordered old offender) and behaviours (devious, child focused, cognitive distortions, secretive, child lovers, sexual abusers, socially inept and grooming) seem to reflect both previous research and expert opinion. These tentative findings suggest that student/trainee-professionals' implicit theories of paedophilia, and as such the current crisis of paedophilia in modern society, seem to have developed in part from the transfer of expert knowledge (explicit theories), the impact of the media, and social constructionalism; and not from the student/trainee-professionals' individual personality and coping traits.     

Evolving issues in police and immigrants’ relation in Finland: is it towards a structural interpretation?

The relation between police and immigrants has become a topic of scholarly fields of research as immigration has increased the number of new residents and people from a variety of countries and cultures into Finland. This new phenomenon has slowly changed the country to a multicultural society, thus requiring government agencies to adapt and adjust in the ways they provide services to the citizenry. Moreover, empirical research studies on minorities’ and immigrants’ perceptions of the police posit that certain factors are responsible for minorities’ lack of trust in the police. Little attention has been given to this issue in Finland. The aim of this study is to analyse and explore as well as add to the growing scholarly research on the perception and cooperation between immigrants and the police in Finland in order to address the factors that could possibly be responsible for immigrants’ lack of trust in the police. To address these issues, the study uses the experiences of 23 out of the 65 Africans whose ages range from 28 to 50+ who have resided in the country for five or more years. The findings indicate a depth of troublesome cross-cultural understanding between the participants and the police owing to differences in the policing styles in Finland and the respondents’ countries of origin. The concept of over-policing is analysed with a view to ensure the effective protection of the human rights of the participating immigrants within the country’s criminal justice system.     

Enforcing compliance with international environmental agreements using a deposit-refund system

Whether nations are able to cooperatively manage shared resources through international environmental agreements (IEAs) depends on whether compliance with voluntary commitments can be enforced. Given that nations are sovereign enforcing compliance with IEAs cannot rely on the presence of a strong sanctioning body. Nonetheless, enforcement provisions must be effective in the sense that they will deter non-compliance and credible in the sense that they will actually be imposed. In this paper, we address the problem of enforcing compliance with IEAs by examining one promising mechanism—a deposit-refund system—that exhibits the necessary features for effective enforcement. We analyze a simple model to demonstrate the desirable properties of the mechanism and then consider the effects of imperfect monitoring, uncertainty, partial participation and reputation on the effectiveness of a deposit-refund system.