Biological Attack,Terrorism and the Law

ABSTRACT

According to President George W. Bush, we are living amidst ‘the first war of the twenty-first century’. How then should the United Kingdom react? It is suggested that at least two strands of legal policy and response should be considered. The first concerns the design of antiterrorism laws and policies. For the purposes of this paper, the remit will be confined to how antiterrorism laws have responded to the threat from biological attack. The second aspect concerns the laws and policies about terrorism risk management, part of the agenda of which takes us back to threats to health from biological attack.     

Intraregional Migration,Direct Action Land Reform,and New Land Settlements in the Brazilian Amazon

This article analyses migration histories of residents in rural settlements of the Brazilian Amazon that resulted from direct action land reform (DALR), which involves organised land occupations. Our analysis evaluates two hypotheses. The ‘urban migration’ expectation asserts that urban experience is important for DALR participation, which links rural and urban areas via migration for land occupations. The ‘DALR efficacy’ hypothesis argues that migration and DALR are complementary livelihood strategies, such that participation in DALR obviates the need for further migration. Our findings support both hypotheses and bear implications for regional development and environmental change in the Amazon.     

Street-Level Bureaucracy, Interprofessional Relations, and Coping Mechanisms: A Study of Criminal Justice Social Workers in the Sentencing Process

This article builds on the work of Michael Lipsky and develops an argument about the significance of interprofessional working for street-level bureaucracy. It presents an ethnographic analysis of criminal justice social workers writing presentence reports for the Scottish courts. Social workers' report writing for judges brought into relief issues of relative professional status. Social workers were uncertain of their place within the legal domain and concerned about their credibility as criminal justice professionals. Reports were written, in part at least, as a way of seeking esteem and credibility in the eyes of judges—a motivation that undermined the policy objectives of social enquiry in sentencing. Applying the conceptual tools of Bourdieu to our findings, we argue that street-level bureaucrats who have to work across bureaucratic "fields" may find, or fear, that the cultural and symbolic "capital" they retained within their own field is undervalued in the symbolic economy of new fields, putting them in a position of relative inferiority. This issue of relative professional status, and how officials respond to it, is significant for our understanding of street-level bureaucracy.     

The New Ageism

This article takes issue with the apparently entrenched political narrative about ageing and older people which is routinely expressed in both ministerial rhetoric and media headlines warning of the ‘burden’ of dependency and intergenerational strife. It argues that this narrative is rooted in the potent combination of ageism and neoliberalism and is being ramped‐up by the Coalition Government's austerity fixation. The social and political risks of this omnipresent narrative are discussed as is the persistence of the case that generational conflict is inevitable, in both the UK and US, despite the complete absence of any evidence supporting it. The article finishes by urging action to alter the course of both individual and societal ageing and so avoid future spending demands as well as improving the quality of life of current and future generations of older people.     

Reconciling MacCormick: Constitutional Pluralism and the Unity of Practical Reason

This article begins by assessing the ways in which the life and work of Neil MacCormick exemplified a dual commitment to the local and particular—especially through his advocacy of nationalism—and to the international and the universal. It then concentrates on one of the key tensions in his work which reflected that duality, namely the tension between his longstanding endorsement of constitutional pluralism—and so of the separate integrity of different “local” constitutional orders—and his belief in some kind of unity, and so community, residing in the moral and rational properties of all law. The article continues by considering a number of ways in which this tension may be resolved. It concludes, with particular reference to MacCormick's late work on ethics, that the answer may be found through the idea of a general unity of practical reason which undergirds the various special orders of practical reason by which particular legal systems are distinguished.     

The Big Society: Back to the Future

This article contributes to the steady flow of critiques of the big society idea contained in The Political Quarterly. It focuses chiefly on two sets of parallels. The first is between the big society and the policies pursued by the Thatcher government which, despite their obvious rhetorical differences, contain many striking similarities, including their neoliberal origins, application of the ‘crowding out’ thesis and uncritically idealised notions of community. The second is between the big society and a policy with the same name pursued doggedly by the Chinese Communist Party for nearly 20 years until being abandoned as a failure. Lessons for the Prime Minister's flagship policy are drawn from the Chinese experience. The article concludes with a welcome for the rediscovery of the social by public policy and some suggestions as to how a more participative and democratic state could follow from this breakthrough.     

Disentangling the Relationship between Legislative Professionalism and Government Spending

Recent movements to deprofessionalize American state legislatures have been driven partly by the notion that professional legislators spend more than their citizen counterparts. This article explores the relationship between legislative professionalism and government spending, a connection complicated by the possibility that legislators in high‐spending states may choose professional institutions to handle their responsibilities more effectively. I employed propensity score matching, an increasingly used technique of causal inference, to disentangle the relationship. Contrary to previous academic work and popular notions, I found that professional legislatures do not spend significantly more than part‐time bodies do, if one accounts for the fact that legislatures in high‐spending states have a greater need to be professionalized and therefore select those structural frameworks. These findings have important implications for the study of the effects of legislative institutions on public policies more generally and attest to the utility of recently developed techniques of causal inference to disentangle these relationships.