A Critical Analysis of the Changing Concept of Criminal Responsibility

By critically examining the concept of criminal responsibility we learn how the concept has undergone three major transformations. The changes are illuminated by focusing on structural transformations underlying legal theory and changes in the application of legislation and case law. Attention is also directed to the changing rhetoric of legitimation associated with each transformation.     

Why Are Houses More Affordable in France?

It is not surprising that houses are more affordable in France than in Britain. Even the Barker Report proposes taxing builders, and the UK's record should be a source of shame. France has constructed roughly 150-200 per cent more housing than the United Kingdom for the last 40 years, incentivising construction by fiscal measures and by the institutional environment, including favouring social housing. Spain has substantial recent construction which on its own may not produce affordability, with little social housing. Construction aids can be of relatively low cost and produce affordable homes, but this can reduce the funds available to assist the very poor.     

Flashpoint: An Innovative Media Literacy Intervention For High‐Risk Adolescents

This paper describes the development and formative evaluation of a media literacy, media based intervention for high‐risk adolescents. The program described, Flashpoint, was developed to (1) moderate the influence of media presentations of violence, substance abuse and prejudice on adolescents; and t (2) teach participants cognitive skills which would enable them to resist impulses to engage in behavior involving violence, substance abuse or prejudice. The evaluation described studied the pilot testing of the program with three groups of adolescents (N=33) involved in the juvenile justice system: adolescents in a diversion program (first time, nonviolent offenders); adolescents on probation; and adolescents in residential custody of the Department of Youth Services. Qualitative findings are reviewed in detail.     

MANAGING EUROPE FROM AN IRISH PERSPECTIVE: CRITICAL JUNCTURES AND THE INCREASING FORMALIZATION OF THE CORE EXECUTIVE IN IRELAND

This article analyses the management of European Union (EU) business by the Irish core executive. More specifically, it investigates the demands placed by EU membership on the Irish system of public administration and how the system has responded to these demands. Employing an institutionalist analytical framework, the article maps the formal and informal organizational and procedural devices or structures used to manage EU affairs in Ireland, as well as dissecting the key relationships that govern this management process and the role of the domestic agents actively involved in the EU’s governance structure, the cadre or boundary managers. The article also explores in a dynamic way the development of the capacity for the management of EU affairs in Ireland over time. Using the concepts of path dependence and critical junctures, we illuminate how key system‐management decisions became locked‐in over time and we isolate the triggers for significant adaptational change, be they domestic or external. Adaptation to EU business in Ireland was path‐dependent and consisted of gradual incremental adjustment. This system of flexible adaptation generally served Ireland well as the EU’s policy regime expanded and evolved, but in response to the shock rejection of the Nice Treaty by the electorate in 2001, significant formalization of the Irish system occurred with the establishment of new processes and rules for managing relations between the core executive and the EU.     

Representation in the English House of Commons: The New Boroughs, 1485–1640

SUMMARY

In this paper Norman Ball re-examines the well recognised process of enlarging the House of Commons in the Tudor and early Stuart periods by the creation of new, or the revival of old parliamentary boroughs. The usual explanation of the phenomenon has been that it met pressures from local gentry for wider access to parliamentary seats. The paper questions this interpretation, noting the new seats often appeared in areas that were already well provided with borough places. On the basis of a geographical analysis of the new boroughs it is shown that there was a preponderance of creations in the lands of the two royal duchies of Cornwall and Lancaster. It goes on to suggest that the main motive behind the creations was the need of the crown and its advisers to find places for reliable members who could assist the royal business managers in carrying through an expanding volume of parliamentary business.     

Why Have-Nots Win in the HIV Litigation Arena: Socio-Legal Dynamics of Extreme Cases*

This study focuses on “extreme” cases, those in which “have-nots,” usually people with HIV (PWAs), win HIV-related disputes in direct contests with “haves.” Using extensive data gathered in the United States, we searched for a socio-legal explanation of how PWAs have managed to win claims against insurance companies, government agencies, and other institutional plaintiffs. We also looked at judicial preoccupation with PWAs as carriers of contagion. We have observed that PWAs win against haves when: their needs-based claims attract third parties with strategic interests and independent resources; and when litigators cause decision makers to identify with PWAs and employ proven scientific arguments to defeat fear of their clients' contagion. For example, gay activist lawyers devised such an effective strategy by defining PWAs as persons with disabilities and by extending to them the antidiscrimination protections won earlier by disability rights' lawyers. While this approach brought relief in court for some and secured a less onerous identity for PWAs, its importance is diminishing with the shifting epidemiology of HIV in the United States.