HUMAN TISSUE LEGISLATION AND MEDICAL PRACTICE: A BENEFIT OR A BURDEN?

The scandals surrounding organ removal and retention throughout the United Kingdom provoked several Inquiries and ultimately led to law reform. Although the medical professions were well represented at the Inquiries, little was heard of the voices of those at the 'coal face'. In this scoping study, funded by the Wellcome Trust, we interviewed a number of doctors and others engaged in the uses of human tissue and organs to explore their hopes, concerns and fears about the role of the law in their practices. We found that those involved in transplantation were more aware of, and more actively involve with, the law, whereas others, such as pathologists, had less direct engagement with the law. Most of those we interviewed expressed the hope that law reform would provide much-needed clarity. Although some expressed concern that the law might be over-intrusive, most felt that the placing of authority firmly in the hands of the person him or her self to decide what should happen to their bodies was to be welcomed.     

Attitudes towards sex offenders regarding competency,liability, voluntariness of offence,and disposal: the influence of being classified as having a learning disability

Abstract

The principal aim of this study was to investigate whether attitudes towards judicial competency, legal liability, voluntariness of offence and judicial disposal options were influenced by known classification of an offender as learning disabled compared to an offender with a suggested intellectual disability, but not formally classified. Subsidiary aims were to explore participant attitudes based upon group membership and parental status. The sample consisted of 101 participants (69 undergraduate nursing students and 32 from the general population). Participants were requested to complete a questionnaire assessing their attitudes within the aforementioned domains and towards ascribed levels of victim parental responsibility. Fifty participants completed a questionnaire designed for the purpose of the study where the offence scenario depicted made reference to the offender having a formal classification of learning disability. Fifty-one participants completed the same questionnaire where an intellectual disability was suggested but not formally stated in the form of classification. Results indicated that classification did significantly influence attitudes in most domains irrespective of group. The nursing group attributed greater levels of competency to the offenders depicted. No interactions between variables were observed. The reasons for and implications of these findings, limitations and recommendations for future research are explored.     

Why were So Many Social Scientists Wrong about the Green Revolution? Learning from Bangladesh

Most social scientists once took a negative view of the socio-economic consequences of the Green Revolution. Events have since proved them wrong. Using Bangladesh as an example, we offer three reasons why social scientists were mistaken. One is the focus on village studies at the expense of nationally representative surveys. Another is insufficient appreciation of the technical limits of the new rice technology. The third is a misleading model of agrarian change. The inability of village studies to validate generalisations, the reluctance to abandon the historical model of de-peasantisation, and opposing beliefs about how to evaluate socio-economic consequences created a Rashomon Effect that made the controversy hard to resolve.

Convictions are greater enemies of truth than lies. (Nietzsche)     

Feature reviews

Perspectives on the Philippines

Crisis in the Philippines: The Marcos Era and Beyond. John Bresnan, Princeton, New Jersey: Princeton University Press. 1986. 284pp. n/p

The Philippines Reader: A History of Colonialism, Neocolonialism, Dictatorship and Resistance. Daniel B Schirmer and Stephen Rosskam Shalom, Boston, Massachusetts: South End Press. 1987. 425pp. $11.00hb

The Philippines After Marcos. R J May and Francisco Nemenzo, London: Croom Helm. 1985. 239pp. £19.95hb

Touching Ground, Taking Root: Theological and Political Reflections on the Philippine Struggle. London: Catholic Institute for International Relations. 1986. 214pp. £5.75pb

Winds of change in Moscow

The Sixth Continent: Russia and Mikhail Gorbachev. Mary Frankland, London: Hamish Hamilton. 1987. 292pp. £12.95hb

The Waking Giant. The Soviet Union under Gorbachev. Martin Walker, London: Michael Joseph. 1986. 282pp. £14.95hb

The Soviet Paradox: External Expansion, Internal Decline. Seweryn Bialer, London: I B Tauris. 1986. 391pp. £19.50hb

The Soviet Union under Gorbachev. Edited by Martin McCauley, London: Macmillan. 1987. 247pp. £29.50hb/£9.95pb

The future of China

China—Politics, Economics and Society: Iconoclasm and Innovation in a Revolutionary Socialist Country. Marc Blecher, London: Frances Pinter, Boulder, Colorado: Lynne Riener. 1986. 232pp. £22.50hb/£6.95pb

The China Challenge: Adjustment and Reform. David S G Goodman, Martin Lockett and Gerald Segal, London: Routledge and Kegan Paul (for Royal Institute of International Affairs). 1986. 86pp. £5.95pb

The Political Economy of Reform in Post‐Mao China. Edited by Elizabeth J Perry and Christine Wong, Cambridge, Massachusetts: Harvard University Press. 1985. 331pp. £11.95pb

Apartheid observed

Move Your Shadow: South Africa, Black and White. Joseph Lelyveld, London: Sphere Books. 1987. 390pp. £3.95pb

Black and Gold: Tycoons, Revolutionaries and Apartheid. Anthony Sampson, London: Hodder and Stoughton. 1987. 280pp. £12.95hb

The Sanctions Handbook. Joseph Hanlon and Roger Omond, Harmondsworth: Penguin. 1987. 389pp. £4.95pb

South Africa: No Easy Path to Peace. Graham Leach, London: Methuen. 1986. 312pp. £2.95pb

King Solomon's Mines Revisited: Western Interests and the Burdened History of Southern Africa. William Minter, New York: Basic Books. 1986. 401pp. n/p

Environmental warfare

Herbicides in War: The Long‐Term Ecological and Human Consequences. Edited by Arthur H Westing, London: Taylor and Francis. 1984. 210pp. £15.00hb

Environmental Warfare: A Technical, Legal and Policy Appraisal. Edited by Arthur H Westing, London: Taylor and Francis. 1984. 107pp. £12.00hb     

Policy inaction meets policy learning: four moments of non-implementation

Policy Sciences - This article uses the concept of policy inaction to analyse data about the implementation of policy evaluations and public inquiries. Consequently, it produces outputs for two...     

The Creativity of the European Court of Human Rights

This article discusses the creative role adopted by the EuropeanCourt of Human Rights in the face of situations not envisagedby the drafters of the European Convention in the late 1940s,resulting from the inevitable evolution of societies and theirchanging ethical standards. Although the Vienna Convention onthe Law of Treaties 1969 is a constant source of inspirationto the Court for the interpretation of the Convention, the articlepoints to two new techniques of interpretation adopted by theCourt, namely the ‘living instrument’ doctrine andthe ‘practical and effective’ doctrine. An attemptis made to highlight the advantages and the weaknesses of bothof these innovative interpretational approaches. Additionally,an assessment is made of how the Court has responded to present-daydemands and maintained a balance between judicial creativityand respect for the role of member States as the key policy-makersin determining the scope of rights guaranteed by the Convention.     

CHOOSE TO HUG,NOT HIT*

This article discusses reasonable chastisement of children as a defense by parents to assault charges. It suggests that its continued retention contravenes the rights of children and the United Nations Convention on the Rights of the Child. It compares developments in various countries, such as the Scandinavian countries and New Zealand, where the defense has been abolished, as compared with the United States, United Kingdom, Canada, and Australia, where it has been retained. It suggests that its continued retention encourages bullying and violence in schools and in later adult life.