Politicians Using History

The political potency of national history has been understood for generations. Yet there has been an unquestionable surge in history's political influence over the last twenty or thirty years, as the various history wars that have broken out around the world attest. Australia has been no exception: disputes over its national story continue to generate considerable controversy in the media, in politics and in public debate. But how has this politicisation of the past affected Australian political history in the present? This paper examines how history is practised in contemporary Australian politics — and notices an increasingly strategic use of the past by politicians in recent years.     

National unity and reconciliation in Rwanda: A flawed approach?

This article examines the Rwandan government's national unity and reconciliation policy and one of its key elements, the National Unity and Reconciliation Commission (NURC). It contends that while the NURC potentially represents an innovative model that other post-conflict societies could adapt and use, the central premise on which both the commission and the government's broader national unity and reconciliation policy are based is critically flawed. The unity that they are endeavouring to achieve, as a vehicle for reconciliation, relies upon a negation of ethnicity – a core component of the 1994 genocide – and hence does not allow for an open and honest engagement with the past. The problem is further compounded by the government's attitude towards the prosecution of crimes committed by the Rwandan Patriotic Front (RPF), which not only demonstrates that ethnicity remains highly significant but also underscores the incomplete and partial way in which the past is being addressed.     

Arab Defamation Laws: A Comparative Analysis of Libel and Slander in the Middle East

Nations in the Arab world are known for their restrictions on press freedom, with public officials often using defamation laws to hinder good journalism. To promote reform, this article analyzes defamation laws of six Arab countries – Egypt, Jordan, Kuwait, Lebanon, Libya and the United Arab Emirates – and compares them to international norms. In areas with strong press protections, three characteristics related to defamation law were identified. First, defamation cases should be handled by civil lawsuits rather than police complaints, so journalists are not threatened with jail for their reporting. Second, the law must afford greater scrutiny for public figures than for private individuals so that the powerful cannot stifle public debate. Third, truth must be an absolute defense against allegations of defamation, so that people cannot protect an undeserving good reputation. The analysis reveals that defamation provisions in these countries are not in alignment with international norms.     

Against Personifying the Reasonable Person

One way in which fact finders are supposed to determine the reasonableness of a defendant is via a counterfactual test that personifies the reasonable person. We are to imagine the reasonable person being in the defendant’s circumstances. Then we are to determine whether the reasonable person would have done as the defendant did. This paper argues that, despite its prevalence, the counterfactual test is a hopeless guide to determining defendant reasonability. In brief, the test is of the wrong sort to give fact finders the requisite guidance. What we are after is not a counterfactual judgment (what the reasonable person would do) but instead is a question of possibility (what could the reasonable person do). However, since the only thing impossible of the reasonable person is being unreasonable, personifying the reasonable person cannot offer any useful guidance on this question.     

Marked for Death: An Empirical Criminal Careers Analysis of Death Sentences in a Sample of Convicted Male Homicide Offenders

Background

Although prior criminal record and concurrent criminal charges constitute the main eligibility and aggravating circumstances used in capital sentencing, relatively little research has examined the criminal careers of offenders who are ultimately sentenced to death.

Materials and Methods

Using official criminal history data for 618 incarcerated male homicide offenders selected from 8 states—191 of whom were sentenced to death—the current study explored the criminal careers of offenders that received the most severe legal punishment.

Results

Poisson regression incidence rate ratio models indicated that multiple measures of prior criminal activity including contemporaneous and prior history of violence, prior incarceration, early onset of arrest, juvenile homicide offending, and juvenile child molestation were associated with subsequently being sentenced to death. Separate models for white, African American, and Hispanic males showed contrasting effects in their criminal careers and varying relationships between prior criminal career and current capital offending.

Conclusion

The current study adds to the literature on lifespan criminality by applying Poisson regression analyses and a criminal careers approach to study the most extreme offenders including those sentenced to death.     

Inside the prison black box: toward a life course importation model of inmate behavior

The importation model is a venerable theoretical explanation for inmate misconduct but it has not been extended in nearly 50 years. The current study advances a life course importation model of inmate behavior where life events in childhood cascade to predict antisocial behavior during adolescence and misconduct occurring during periods of confinement. Based on data from 2,520 institutionalized male delinquents, ordinary least squares, logistic, and negative binomial regression models indicated that family background variables were largely predictive of multiple facets of delinquent careers. Negative binomial regression models of institutional misconduct indicated that proximal delinquent career variables were more consistently associated with misconduct than distal family background factors. Because institutional behavior can be understood as the importing of family deprivation experiences and chronic delinquency, the life course importation model is a useful conceptual framework to study crime over the life course, even including periods of confinement.     

Using law to fight a silent epidemic: the role of health literacy in health care access, quality, & cost

The dominant rhetoric in the health care policy debate about cost has assumed an inherent tension between access and quality on the one hand, and cost effectiveness on the other; but an emerging discourse has challenged this narrative by presenting a more nuanced relationship between access, quality, and cost. This is reflected in the discourse surrounding health literacy, which is viewed as an important tool for achieving all three goals. Health literacy refers to one's ability to obtain, understand and use health information to make appropriate health decisions. Research shows that improving patients' health literacy can help overcome access barriers and empower patients to be better health care partners, which should lead to better health outcomes. Promoting health literacy can also reduce expenditures for unnecessary or inappropriate treatment. This explains why, as a policy matter, improving health literacy is an objective that has been embraced by almost every sector of the health care system. As a legal matter, however, the role of health literacy in ensuring quality and access is not as prominent. Although the health literacy movement is relatively young, it has roots in longstanding bioethical principles of patient autonomy, beneficence, and justice as well as the corresponding legal principles of informed consent, the right to quality care, and antidiscrimination. Assumptions and concerns about health literacy seem to do important, yet subtle work in these legal doctrines--influencing conclusions about patient understanding in informed consent cases, animating decisions about patient responsibility in malpractice cases, and underlying regulatory guidance concerning the quality of language assistance services that are necessary for meaningful access to care. Nonetheless, health literacy is not explicitly treated as a legally relevant factor in these doctrines. Moreover, there is no coherent legal framework for incorporating health literacy research that challenges traditional assumptions about patient comprehension and decision-making, and that emphasizes the need for providers to improve communication and take affirmative steps to assess patient understanding. The absence of a clear and robust consideration of health literacy in these doctrines undermines core access and quality aims, and it means that such laws are of limited efficacy in promoting health literacy. Returning to the theme that the health literacy problem reflects a complementary view of access, quality and cost, it is likely that the cost implications of this problem (and not concerns about quality and access) will motivate the kind of health literacy reform that may ultimately strengthen existing quality and access standards. One recent example of this can be seen in reforms linked to government, insurer and provider attempts to reduce costly medication errors.