Protection, Parity, or Promotion: Public Attitudes to Cohabitation and the Purposes of Legal Reform

Cohabitation law reform may be informed by different purposes. Three are considered in this paper: protection of parties at risk when relationships break down, parity of treatment between different forms of partnership, and the promotion of particular family forms. These are considered in relation to the Family Law (Scotland) Act 2006 in the context of recent evidence about public attitudes towards cohabitation. Public attitudes and the approach adopted in the 2006 Act are juxtaposed, raising questions about the alignment of public attitudes and the direction of law reform on cohabitation.     

Kant and the Transnational Order: Towards a European Community Jurisprudence*

Abstract. This paper seeks to suggest a jurisprudential grounding for the European Community, and seeks to do so by using a specifically Kantian philosophy of law. Kant's observations on the nature of transnational orders, like so much of his political theory, have tended to be overlooked. To do so is to overlook one of the great political and jurisprudential treasures in modern western thought. It will be suggested that a proper understanding of a Kantian normative order, and the application of such a model to the European Community will serve to dispel much of the confusion and sometimes near histrionic commentaries which have characterised recent attempts to understand the jurisprudence of the Community.     

Transparency of Risk and Reward in U.K. Public–Private Partnerships

Public–Private Partnerships (PPPs) are an increasingly common mechanism for the renewal of public sector infrastructure, although in the United Kingdom, these have been criticized as representing poor value for money. An inherent assumption of much of this criticism is that a corollary of detriment for the public sector is benefit for the private sector. This paper highlights the difficulty of objectively verifying the many criticisms and assumptions regarding risk and reward associated with PPPs. Public and private sector disclosure policies and systems are analyzed and we conclude that neither sector practices openness and transparency. This results in a democratic accountability deficit in the public sector and a lack of meaningful data being made available to stakeholders in private companies.     

THE SCUNTHORPE ENTERPRIZE ZONE: AN EXAMPLE OF MUDDLED INTERVENTIONISM

The article examines the case of the Scunthorpe Enterprize Zone (EZ) and the extent to which it is consistent with the Conservative Government's emphasis on the market mechanism. It also looks at the likely impact of this EZ on the local and sub-regional economy. The article concludes by observing that Scunthorpe District Council was quick to take advantage of its EZ status, which has already generated a significant number of jobs for the town, but at the possible cost of jobs in other parts of the sub region. Finally the Scunthorpe case would appear to support the view that the implementation of the policy has been in contradiction to the original objectives of central Government.     

DEVELOPMENTS IN THE PURCHASING PROCESS IN THE NHS: TOWARDS AN EXPLICIT POLITICS OF RATIONING?

The introduction of the internal market to the National Health Service in Britain marks a major change in the form of provision of health care interventions. This article reports the findings of independent research into the development of the purchasing process in eight purchasing authorities (which collectively purchase health care for 5 per cent of the population of Britain), and considers the extent to which this has led to an explicit politics of rationing in British health care. The structure and organization of purchasing organizations is described, along with their relationship with providers of health care. The ability of purchasing organizations to assess the health needs of the populations for which they purchase health care services, and their ability to influence change in the nature of the services provided, is also examined.     

The Next 40 Years Will Be the Most Important in History

The solidarity of the G‐20 nations in staving off global financial crisis two years ago has deteriorated into a brawl over currency valuations, trade imbalances and sovereign debt, reflecting the great powershift from the West to the East and the emerging economies. In this section, we invited comments from historians, a former head of state who successfully navigated the Asian financial crisis and a prominent Chinese dissident.