Pragmatists, Ideologues and the General Law of Curvilinear Disparity: The Case of the Irish Labour Party

In this article we examine the opinion structure of Irish Labour party members and supporters. Our purpose is to test May's law of curvilinear disparity by dividing party members into two groups as outlined by Kitschelt. By focusing on ideological differences within political parties Kitschelt identifies two types of members: ideologues and pragmatists. We use two individual-level data sets: the Labour Leadership Election Study (LLES) and the Irish National Election Study (INES), to test May's law. We find some limited support for May's law and Kitschelt's extensions to this model.     

Holding to Account a Possible European Public Prosecutor Supranational Governance and Accountability Across Diverse Legal Traditions

The Lisbon Treaty provides a legal basis for the Member States of the European Union (EU) to establish a European Public Prosecutor (EPP) with competence to prosecute, in the courts of the Member States, crimes against the financial interests of the Union. Article 86 of the Treaty on the Functioning of the European Union, provides that the Member States may unanimously, or through flexible cooperation where nine Member States agree, establish such a European-level prosecution body, with the possibility for its powers to be extended by unanimity to include serious crime having a cross border dimension or affecting more than one Member State. Within the legal traditions of the Member States, means of holding prosecution authorities to account vary considerably. Probably the strongest form of accountability exists in the civil law tradition of Member States that permit appeals to judicial bodies for decisions not to prosecute, which contrasts with the traditional common law reluctance to even give reasons for not prosecuting. Similarly, the ways in which prosecution authorities interact or overlap with police functions, and thus with general mechanisms of police and/or bureaucratic accountability, differ. Some of the particular features of EU cooperation suggest additional accountability issues, notably, questions concerning competence spill-over and problems of remoteness. This paper seeks to address how to conceptualise governance and accountability of a possible EPP outside of the context of a trial (the latter entailing a type of open legal accountability that can be studied in its own right) and including the question of the definition of competences.     

Measuring motivation to change in offenders

Abstract

Measuring motivation to change in offender populations is important both for selection into treatment programmes and for assessing progress in therapy. Two studies are reported in this paper, both looking at the psychometric properties of questionnaires designed to measure stage of change in therapy. The samples used were patients detained in special hospitals under the Mental Health Act (1983) classification of psychopathic disorder. The first study provides norms for this group on the stages of change in psychotherapy questionnaire, plus some additional information on its relationship with self-esteem and self-efficacy measures. The second study looked at a brief version of the stages of change questionnaire, concluding that its psychometric properties were such that further use was contra-indicated.     

The Dead, the Law, and the Politics of the Past

This article explores the role of law in cultural and political disputes concerning dead bodies. It uses three interconnecting legal frameworks: cultural and moral ownership, commemoration, and closure. It begins with a critique of the limitations of the private law notion of 'ownership' in such contexts, setting out a broader notion of cultural and moral ownership as more appropriate for analysing legal disputes between states and indigenous tribes. It then examines how legal discourses concerning freedom of expression, religious and political traditions, and human rights and equality are utilized to regulate the public memory of the dead. Finally, it looks at the relationship between law and notions of closure in contexts where the dead have either died in battle or have been 'disappeared' during a conflict, arguing that law in such contexts goes beyond the traditional retributive focus of investigation and punishment of wrongdoers and instead centres on broader concerns of societal and personal healing.