SUICIDE AS MURDER AT COMMON LAW: Another Chapter in the Falsification of Consensus Theory

The debate among advocates of consensus, pluralist. and Marxist views of the origins of criminal law continues to occupy a central position in contemporary theoretical criminology. This article assesses these positions through a historical inquiry into the law-making and-enforcing processes surrounding self-murder or suicide. Historical data on the criminalization and depenalization of suicide indicate that economic and fiscal interests shaped suicide laws, but these laws were unenforceable because of popular resistance. The significance of these findings for criminological theory is that laws generally thought to be based on consensus were instead grounded in conflict and struggle.     

East African Development

This article represents the bulk of the speech by the Kenyapolitician now member of the E. African Central Assembly, toa joint meeting with the Royal Empire Society, under the Chairmanshipof Roger Norton, C.M.G., O.B.E., the East African Commissionerin London.     

Ideology and the University

Ideology underpins recent transformations of British universities; it forms an unquestioned backdrop to policy‐making. The ideology at issue is a market‐based neo‐liberalism—accompanied by a doctrinaire private‐sector managerialism. Universities employing this ideology envision it as common sense. The ideology is thus not proselytised, but rather structures the vernacular of university speech. In reality it is a highly politicised ideology masquerading as a managerial reality. Its effect on universities has been profoundly destructive. The dignified public good of higher education has now become a huckstering marketised mechanism. What is so perplexing is the quiescence of universities. The ideology is so hegemonic that it appears exempt from criticism. University administrators are now quite unapologetic ideological functionaries and we need to relearn how to criticise those who manage us. Ultimately no ideology lasts, this present one will be supplanted, the question is what level of damage to civil and intellectual life will it inflict?     

Scrutiny in English Local Government and the Role of Councillors

Overview and Scrutiny Committees were introduced in England and Wales in the Local Government Act 2000 that ended the role the full council and its committees as the locus of decision‐making for most local authorities. Overview and scrutiny committees composed of councillors not on small decision‐making executives were tasked with holding these to account. The performance of scrutiny committees is variable. Generally they work best where they concentrate on reviews of policy and practice, with recommendations following from well‐researched reports. The paper reviews the difficulties which arise when scrutiny committees endeavour to hold powerful executives to account, and suggests that to strengthen this new legislation is required, in particular to institutionalise scrutiny committees as agencies of the full council, the representative body for the area, comparable to the way in which the select committees at Westminster are the agencies of the Parliament.     

The Impact of Tax Revenue from Capital Gains Realizations on State Income Tax Revenue and Budget Conditions

We explore the effect of the rapid increase in capital gains realizations on state income tax revenue during the 1990s and 2000s, and the effect that this had on state fiscal decisions regarding the use of these revenue. We find wide variation in the growth of capital gains realizations across states and that the growth in capital gains had a significant effect on state income tax revenue for many states. We find that states used a sizable portion of the additional revenue from capital gains to fund reserves in the year the revenue was generated, and that capital gains revenue lead to some reductions in taxes but not to increases in expenditures. The evidence suggests that states were conservative in their use of capital gains related revenues.     

THE NEW GOVERNANCE ARRANGEMENTS FOR NHS FOUNDATION TRUST HOSPITALS: REFRAMING GOVERNORS AS META‐REGULATORS

New governance arrangements for NHS Foundation Trusts (FTs) aimed to replace centralized state ownership of acute English hospitals with a new form of social ownership. Under this, trusts would exist as independent public interest organizations on the model of mutuals and co‐operative societies. Assessing the impact of the new arrangements on the management structure of four acute hospitals, we demonstrate that FTs have failed to deliver social ownership and local accountability on this model. We suggest that policy‐makers should re‐frame the governance apparatus associated with mutualism and social ownership in terms of the concept of meta‐regulation. By re‐framing governors as meta‐regulators, regulatory institutions would acquire new powers to steer FTs towards sustainable forms of compliance via non‐coercive, non‐intrusive means.     

GOVERNANCE WITHOUT GOVERNMENT? THE CASE OF THE FOREST STEWARDSHIP COUNCIL

The relationship between state and non‐state actors has been the subject of extensive debate within the governance literature. During this time two influential but very different accounts of governance have emerged: a society‐centred account which talks of governance without government and a state‐centric perspective which maintains that governance largely occurs by and through governments. There are of course alternative and more nuanced positions on offer. These two have nevertheless served to frame the debate around governance by engendering a zero‐sum understanding of the relationship between state and non‐state actors which obscures the way in which the presence of non‐state actors can enhance the policy capacities of state actors and vice versa. The Forest Stewardship Council (FSC) has been lauded as an exemplar of governance without government and has indeed, on occasions, had to overcome the indifference or even outright hostility of governments. But the society‐centred account does not do justice to the range of very different and sometimes mutually beneficial relationships between the FSC and state actors.     

Deontic Logic and Legal Knowledge Representation*

Abstract. The current literature in the Artificial Intelligence and Law field reveals uncertainty concerning the potential role of deontic logic in legal knowledge representation. For instance, the Logic Programming Group at Imperial College has shown that a good deal can be achieved in this area in the absence of explicit representation of the deontic notions. This paper argues that some rather ordinary parts of the law contain structures which, if they are to be represented in logic, will call for use of a reasonably sophisticated deontic logic.