Book reviews

Privatisation and Liberalisation in the Middle East edited by Iliya Harik and Denis J. Sullivan. Bloomington and Indianapolis: Indiana University Press, 1992. Pp.vi + 242; index. £30 (hardback); £12.99 (paperback). ISBN 0 253 32697 4 and 0 253 20748 7

Prospects for Democracy: North, South, East, West edited by David Held. Cambridge: Polity Press, 1993. Pp.412; index. £45 (hardback); £14.95 (paperback). ISBN 0 7456 0988 0 and 0 7456 0989 9

The Road to Post‐Communism, Independent Political Movements in the Soviet Union 1985–1991 by Geoffrey A. Hosking, Jonathan Aves and Peter F.S. Duncan. London and New York: Pinter Publishers, 1992. Pp.x + 236; bibliography; index. £37.50 (hardback); £12.99 (paperback). ISBN 1 85567 080 1 and 1 85567 081 X     

EU update

This is the regular edition of the Bristows column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Moral authority in law and criminal justice: Some reflections on Wilson's The Moral Sense

William H. Simon, The Practice of Justice: A Theory of Lawyers’ Ethics Cambridge, MA: Harvard University Press, 1998, viii + 253 pp.     

Keeping Up with the Joneses Affects Perceptions of Distributive Justice

An experimental field study investigated why people of higher social standing might jump to the conclusion that an injustice has occurred when an authority implements a program that benefits some constituents but not others. High-status individuals are uniquely vulnerable to downward mobility, especially in the event that a situation does not benefit them, but does benefit their high-status peers. In our study, students in a university course were asked to judge a bonus program by which the grades for some would increase and the grades for others would remain the same. Two framing conditions were used, each providing an example in which only one of two students would benefit from the program. In the peer-gets-ahead condition, the two students were of equal status before the program acted to differentiate them, and in the inferior-catches-up condition, the two students differed in status before the program acted to equate them. A majority of students responded favorably to the program, although this number was affected strongly by framing, with almost unanimous approval in the inferior-catches-up condition and comparatively modest approval in the peer-gets-ahead condition. Objections in the latter condition were most frequent among high-status students, who were implicitly uncomfortable with the possibility that their status could decrease relative to some of their high-status peers. Explicitly, their objections used the language of social injustice, especially claims of distributive unfairness. We argue that these perceptions of injustice are a cognitive manifestation of an aversion to any situation that could result in downward mobility.     

The Many Faces of Accountability: Comparing Reforms in Welfare,Hospitals and Migration

Welfare reforms involve trade‐off between different accountability types, such as political, administrative, legal and social accountability. This variety of accountability types is used to investigate consequences of reforms in three different welfare services in Norway; social services, hospitals and immigration. The study finds that more complex, dynamic and layered accountability forms are emerging, but that there are some differences across reform areas. The reforms in immigration seem to change accountability relations the most in hospitals, administrative and political accountability is up against professional accountability, and we see that politicians lack overall capacity and have to rely on administrative accountability in social services. In order to analyze how reforms affect accountability relations one has to study both the formal and informal changes, as well as the relationship between politics and professionalism.     

The Marine Bill: An Overview and Some Thoughts

This paper examines the Marine and Coastal Access Bill as it was tabled on 8th December 2008. It explores the failure of the Bill to include marine protection of over 3,000,000 km² of the waters associated with overseas territories and Crown dependencies. It explains the necessity for close liaison with the European Commission and with the devolved administrations in Scotland, Northern Ireland and Wales, where responsibility for marine governance is not clear cut. It expresses some disappointment in the failure of the Bill to cover questions of ownership of marine resources in particular the right to fish, which remains held under ancient and flawed common law rules. The paper then investigates the content of the Bill, looking at the role and functions of the Marine Management Organisation including licensing of fishing vessels, wind farm consenting/creation of safety zones, consents under the Wildlife and Countryside Act, research, advice, assistance, training, and prosecutions. The Bill also establishes a framework for marine planning with potential for the creation of marine plans and marine policy statements covering the waters of England and Wales to the edge of the UK Exclusive Economic Zone. Such plans and statements will have persuasive effects on the organisations involved in marine management, but will not be completely binding. The Bill creates powers to licence numerous activities and if necessary delegate licensing function to the bodies such as the Marine Management Organisation. It also established new powers for the creation of Marine Conservation Zones. The paper explores the narrow purposes for which these Marine Conservation Zones and created, and contrasts these unfavourably with the draft Scottish Marine Bill, which permits Marine Conservation Zones for such purposes as community interest. The paper also acknowledges that no target has been set for the creation of Marine Conservation Zones, and raises some concerns over whether Marine Conservation Zones contain severe enough penalties, particularly in respect of commercial fishing where there is a specific exemption for fisheries damage. The paper explores the function of the new Inshore Fisheries Authorities which will replace existing Sea Fisheries Committees, but raises concerns that the new organisations will still remain vulnerable to conflicts of interests because of their membership.     

The “quiet revolution” in criminal defence: how the zealous advocate slipped into the shadow

The criminal defence lawyer has been an integral component of adversarial criminal justice in England and Wales for nearly three centuries. However, over the last two decades this essential role has changed substantially, affected by a changing culture in the law and procedure governing criminal justice in this jurisdiction. This article argues that the criminal defence role has been pulled away from its traditional adversarial roots through a process of subtle and gradual change, pursued by the Government and the Judiciary. The article outlines a normative framework, entitled the ‘zealous advocate’ model, describing the ‘traditional’ role of the criminal defence lawyer; discusses ethical conflict and its growing significance; and examines how legislation, case law and funding have gradually moved the defence lawyer away from a ‘client-first’ style of representation. It concludes by considering the potentially significant implications of such a change in the role for both fair trial rights and adversarialism in England and Wales.     

Low recidivism rates of child sex offenders in a Finnish 7-year follow-up

ABSTRACT

This study examines the recidivism rates of Finnish child sex offenders convicted in 2010 (n = 361) over a follow-up period of seven years. The results indicate that while reoffending for other types of offences was common (34%), offenders had very low sexual crime recidivism rates (1%). In terms of more persistent criminal careers, less than a quarter of the offenders had both a previous criminal history and at least one subsequent offence during the follow-up period. Offenders with child sexual abuse material-related crimes reoffended more rarely than did others. Study limitations and implications for policymaking, media and rehabilitation are discussed.