The Lockhart Committee: developing policy through commitment to moral values, community and democratic processes

The Lockhart Committee was appointed by the federal government in 2005 to review the Prohibition of Human Cloning Act 2002 (Cth) and the Research Involving Human Embryos Act 2002 (Cth). The issues in the review are ones on which community views differ widely and many people hold strong and diverging opinions. Yet all members of the committee were able to agree on their recommendations when the committee reported to Parliament in December 2005 and since that time, most of its recommendations have been implemented in amendments to federal and State legislation. This article describes the committee's process in considering the issues in the review, in consulting stakeholders and the broader community and in formulating its recommendations.     

That Was Then, This Is Now, What About Tomorrow? Future Directions in State Crime Studies

Research and theorizing on state crime has come to play an important role in the fields of criminology and criminal justice for understanding the worst of crimes: those of powerful state agencies and agents. Since William Chambliss’ (1989) ASC presidential address, scholars of state crime have made advances in theoretical modeling and analyzing core enactment and etiological factors of crimes of the state (e.g., Barak 1991; Friedrichs 1998; Grabosky 1989; Kauzlarich and Kramer 1998; Kramer and Michalowski 2005; Kramer et al. 2005; Michalowski and Kramer 2006; Mullins and Rothe 2008a, b; Pearce 1976; Ross 1995, 2000; Rothe 2009; Rothe and Mullins 2006, 2008). Nonetheless, the study of state crime still has a long way to go before it ever reaches the magnitude or legitimacy afforded to the study of traditional street crime. It is with this in mind that several leading scholars of state criminality have come together and reevaluated the state of state crime and the ways in which the field must move forward. This kind of inventory, where scholars examine the past, present and future of the field, is not without precedent. For example, almost a decade ago (Ross et al. 1999) explored the difficulty of conducting state crime research and made a series of recommendations on how it could be improved. Nearly 7 years later (Rothe and Friedrichs 2006) re-evaluated the state of state crime and called for more attention to those beyond US crimes of the state and include crimes of globalization and also international controls such as the International Criminal Court (Friedrichs and Friedrichs 2007; Rothe and Mullins 2006; Rothe et al. 2006, 2008). Since that time, there has been substantial movement by scholars of state crime in these other areas, yet, as we note, there still remains key issues that need to be addressed and overcome: it is with this that we again revisit the field of state crime. We wish to thank all of those that contributed to our discussions and thoughts during the American Society of Criminology Roundtable on State Crime I and II, November 2007.

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Reading for Law and the State: Theaters of Problematization and Authority

Constructing a particular nation, that of early modern England, is seen here as a series of theatrical performances. Shakespeare’s work is taken as a series of thought experiments. Some, like The Merchant of Venice, are reassuring that threatening circumstances and innovatory social practices are capable of being overcome or assimilated from the unknown to the known. Some, like King Lear and Hamlet, ponder the consequences of a failure to discover a resolution. Some writers have argued that England was historically quite early in beginning to conceive of itself as a nation, rather than as a population of possibly heterogeneous regions subject to a dynasty, a state of affairs summarized in the by now clichéd remark attributed to the Sun King, “L’Etat, c’est moi”. For Shakespeare, if not for all of his contemporaries, the Englishman is a bit slow-witted, owing to his fondness for beef and red wine, but he is distinguishable from others and provides material for the second pieces of theater I look at. If there could be an Englishman, his experience with the absolutist pretensions of the Stuart monarchy allowed there to be a free-born Englishman (and, actually, Englishwoman). The two crucial battles of the English civil war, Marston Moor and Naseby, followed by the Army Debates of 1647–1649 form the stage for an at least aspiring egalitarianism we now know as the rights of man, or the rights of the civic person.

Regulation of health practitioners: national reform in Australia

From the second half of 2010 Australia has had a uniform regime for registration of health practitioners and, with the exception of New South Wales, a nationally consistent scheme for regulation of a number of categories of health practitioners. This entails a move toward validation requirements, a continuing focus on protection of titles as the principal regulatory mechanism, and an identification of those professions currently suitable for formal registration and regulation. This editorial discusses issues arising from the new national regulatory arrangements, controversies about the distinction between "conduct" and "performance" investigations, challenges in relation to assessment of impairment and what constitutes a "fit and proper person" as well as issues arising from the mandatory notification provisions within the legislation.     

Context and innovation in traditional bureaucracies: A Hong Kong study

Traditional bureaucracies, defined in Weberian terms, are almost invariably seen as antithetical to innovation. Yet, although the academic literature presents an array of formidable structural barriers to the emergence and implementation of new ideas, innovation does occur in traditional bureaucracies. How can the structural impediments be overcome? What are the processes that enable innovation to take place? Based on a longitudinal study of the Hong Kong government's innovation policies and practices, it is argued that political context is a critical variable explaining how, even in rigid traditional bureaucracies, barriers may be avoided or temporarily suspended. Two contrasting case studies are used to illustrate, first, the importance of political commitment in gaining acceptance for new ideas and, second, the failure of agencies dedicated to innovation to achieve their objectives. It is postulated that circumventing structural barriers or working through political channels to reduce their impact may be a more constructive strategy than creating dedicated agencies to develop innovative measures. The study is grounded in a literature review, documentary evidence from the Hong Kong government's innovative agencies, and interviews with senior staff from those agencies.     

Can decision transparency increase citizen trust in regulatory agencies? Evidence from a representative survey experiment

Decision transparency is often proposed as a way to maintain or even increase citizen trust, yet this assumption is still untested in the context of regulatory agencies. We test the effect of transparency of a typical decision tradeoff in regulatory enforcement: granting forbearance or imposing a sanction. We employed a representative survey experiment (n = 1,546) in which we test the effect of transparency in general (providing information about a decision or not) and the effect of specific types of transparency (process or rationale transparency). We do this for agencies supervising financial markets, education, and health care. We find that overall decision transparency significantly increases citizen trust in only two of the three agencies. Rationale transparency has a more pronounced positive effect only for the Education Inspectorate. We conclude that the overall effect of decision transparency is positive but that the nature of the regulatory domain may weaken or strengthen this effect.     

Productivist Welfare Capitalism: Social Policy in East Asia

The article engages with the literature on the 'East Asian welfare model' by using Esping-Andersen's 'worlds of welfare capitalism' approach to analyze social policy in the region. It describes the main features of a productivist world of welfare capitalism that stands alongside Esping-Andersen's conservative, liberal and social democratic worlds. It then shows that Japan, Hong Kong, Singapore, South Korea and Taiwan are all part of this world, though they divide into sub-groups within it. To account for productivist welfare capitalism in East Asia, the article focuses particularly on bureaucratic politics at the unit level, and on a range of key shaping factors at the system level. It closes by considering the implications of East Asian experience for comparative social policy analysis.     

Genetic citizenship: DNA testing and the Israeli Law of Return

The Israeli State recently announced that it may begin to use genetic tests to determine whether potential immigrants are Jewish or not. This development would demand a rethinking of Israeli law on the issue of the definition of Jewishness. In this article, we discuss the historical and legal context of secular and religious definitions of Jewishness and rights to immigration in the State of Israel. We give a brief overview of different ways in which genes have been regarded as Jewish, and we discuss the relationship between this new use of genetics and the society with which it is co-produced. In conclusion, we raise several questions about future potential impacts of Jewish genetics on Israeli law and society.     

Graffiti goes to the movies: American fictional films featuring graffiti artists/writers and themes

Since the early 1980s, in addition to the increase in graffiti and street art in many urban contexts, a number of movies have been made that have either examined this phenomenon and the people who engage in this activity, or used graffiti and street art as a backdrop to tell a story. This article briefly reviews the scholarly literature that examines movies that portray criminals and criminal actions, and then analyzes seven American-produced fictional (drama) films using graffiti writers/artists as major characters and then draws generalizations about them. Although this is not a semiotic analysis of the films, to the extent possible, it delves into the settings, plots, characters, dialog, and how realistic the movies appear to be. In general, most of the films include unrealistic aspects and/or are of poor quality, and this contributes to misrepresentations of and stereotypes about graffiti writers/writing.