One Myth of the Classical Natural Law Theory: Reflecting on the “Thin” View of Legal Positivism

Much controversy has emerged on the demarcation between legal positivism and non‐legal positivism with some authors calling for a ban on the ‐as they see it‐ nonsensical labelling of legal philosophical debates. We agree with these critics; simplistic labelling cannot replace the work of sophisticated and sound argumentation. In this paper we do not use the term ‘legal positivism’ as a simplistic label but identify a specific position which we consider to be the most appealing and plausible view on legal positivism. This is the view advocated by Gardner in his paper 'Legal Positivism: 5½ Myths’ (Gardner 2001 , 199), where he carefully scrutinises the most convincing and unifying postulates of legal positivism, which he calls “the thin view”. The study shows that this thin view presupposes an empirical conception of action that is untenable and implausible since it makes acts of engagement with the law unintelligible to an observer of such acts.     

Doing Equitable Work in Inequitable Conditions: an Introduction to a Special Issue on Transformative Research Methods in Gender-Based Violence

The purpose of this special issue is to explore how researchers, evaluators, and practitioners use community-based, participatory research (CBPR) approaches to prevent gender-based violence, support survivors, and transform communities and systems. In this introduction, the editors define gender-based violence (GBV) and briefly discuss how systemic inequities exacerbate the prevalence of GBV. The authors featured in this special issue aim to dismantle these inequities by engaging in research approaches that center those who are most impacted by the social issue, ensure that community members guide the research process, build community capacity, and aim to transform oppressive conditions. The issue includes six empirical studies across the United States that cover the process and outcomes of conducting transformative CBPR. It also contains six commentaries from GBV adult practitioners and young people who provide pertinent insights on their experiences working with academic researchers and/or engaging in participatory research. The articles in this special issue cover the major themes of defining community, working in inequitable conditions, and transforming individuals and communities.     

Evaluation of the use of pharmacological treatment with prisoners experiencing high levels of hypersexual disorder

This paper presents an evaluation of the impact of pharmacological treatment in reducing hypersexual disorder in adult males who have been incarcerated following conviction for a sexual offence. The evaluation compares two types of pharmacological treatment, one of which is part of the current NICE guidance for treatment of hypersexuality (Antiandrogens), whilst the other type (SSRIs) is off-label use in the UK for hypersexuality. The participant pool comprised 127 adult male prisoners serving sentences for sexual offences in a UK prison. Participants had been voluntarily referred for pharmacological treatment to manage hypersexual disorder. The results demonstrated a significant reduction of hypersexual disorder pre- and post-medication and contribute to the evidence base for the use of pharmacological treatment with individuals for whom hypersexual disorder may be a salient factor in their offending. Limitations of the current research are discussed.     

Law Students on Interdisciplinary,Problem‐Solving Teams: An Empirical Evaluation of Educational Outcomes at the University Of Denver's Resource Center for Separating and Divorcing Families

Models of lawyering in separation and divorce disputes are evolving to emphasize interdisciplinary collaboration, problem solving, alternative dispute resolution, and changes in legal education that reflect these changes in practice. At the University of Denver's Resource Center for Separating and Divorcing Families (Center), supervised law and mental health graduate students worked as a team to provide assessment and service planning, mediation, therapy, and agreement drafting to parents. Evaluation results showed client satisfaction, and that students acquired new knowledge, skills, and values in line with a collaborative, problem‐solving orientation. Strengths and weaknesses of the model are considered.     

The Valuation of Ecosystem Services in International Investment Arbitration

Abstract

Ecosystem services are essential to human life, inextricably woven into the foundations of our civilizations and economies. This article lays the theoretical foundation for the incorporation of ecosystem services valuation into international arbitration, applying the scientific and economic scholarship in this area to legal dispute resolution. Traditional international investment law and modern legal scholarship fail to address either the value ecosystem services bring to landowners or the repercussions of investor activity on their fragile health and vitality. The evolution of international dispute resolution and growing threats to the natural environment urge the development of a new perspective that closes these gaps. Investor-state dispute settlement is a flexible enforcement framework used by thousands of international investment agreements. It provides an ideal forum for inaugurating the internalization of the positive externalities generated by these precious resources. Recognizing the economic and environmental importance of these services and their impact on legal relationships, this article unfolds a legal basis for incorporating the valuation of ecosystem services into damages calculations in international investment arbitration awards.     

Black Petes & Black Crooks? Racial stereotyping and offending in the Netherlands

In the popular Dutch tradition of Sinterklaas, the caricature of his helper ‘Zwarte Piet’ [Black Pete] is often of a black-faced white person. The representation of this character has been surrounded by controversy in Europe and abroad. The following paper discusses these recent controversial media stories in the Netherlands and Western Europe along with the historical context of this character. We also make an argument about how the pervasive imagery in news, television, and theatre of people of color in the Netherlands may be influencing crime statistics by creating and encouraging negative views of ‘the other’. In the Netherlands, Dutch Caribbean and Surinamese first-generation immigrants compared to white, native Dutch are over-represented in official arrest and prison statistics. We theorize that the reasons for this noticeable overrepresentation in crime statistic is it at least in part due to a societal stigma of ‘the other’ and racial profiling of black ethnic minorities.     

How Government and Community Nonprofit Collaboration and Non-Collaboration Affects Public Sector Outcomes

This four state foster care study seeks to understand what practices state public managers perform with regards to community nonprofits that contributes to effectiveness in producing better public sector outcomes. The study produced key player field research data on the conditions under which community nonprofits produce better public sector outcomes.

This article offers reasons as to why some effective community nonprofits were able to achieve collaboration with the public sector, while others were not, despite their effectiveness. Effective public managers in the area of foster care administration permit, and at times recruit, community nonprofits to have an impact on their foster care domain, while ineffective public managers never reach out to community nonprofits as partners or further yet, block nonprofits from access.     

Offending histories and offending behaviour: A Ten year follow-up of sex offenders tried by Sheriff and District Courts in Grampian,Scotland

From criminal complaint records all incidents of sexual misbehaviour resulting in charges in three North East Scotland courts during 1981 and 1982 were traced. Of the 80 alleged offenders, 75 were followed up for 10 years using current criminal records.

Offending behaviour ranged from obscene telephone calls to rape. Half the offenders made no physical contact with their victims. These “hands-off” offenders were compared with “hands-on” offenders and were found to show a higher prevalence of sexual convictions both before the index offence and in the follow-up period. Those offenders who removed their victims clothes or had sexual intercourse with their victims were found to have the lowest prevalence of sexual reoffending. Degree of intrusiveness was inversely related to sexual recidivism in this sample and there was no evidence of progression over time to more intrusive offending.     

Examining the effectiveness of a UK community-based sexual offender treatment programme for child abusers

Abstract

An analysis of psychometric data from a sample of 341 UK child abusers who had completed a probation-based sex offender treatment programme was carried out in order to assess the effectiveness of therapeutic treatment. A cluster analysis was also undertaken to examine the pattern of pre-treatment problems. Three clusters of offenders, with distinctly different psychometric profiles, were identified depending upon the number and extent of their offence-specific and social adequacy problems. These were labelled Low need, Medium need and High need. Pre–post analyses revealed clinically significant treatment effects for the entire sample, with differing effects found across the clusters as follows: 50–81% of the Low need group scored within the cut-off (or normative range) at the post stage, while between 3% and 26% had shifted to a clinically significant degree; 34–75% of the Medium need group scored within the cut-off range after treatment, while between 9% and 100% had shifted to a clinically significant degree; 16–52% of the High need sample scored within the cut-off at the post-treatment stage, and between 15% and 80% had shifted to a clinically significant degree.