Incorporating consensus and conflict into the legitimacy of law

Recent research on the legitimacy of law is dominated by the confirmed effect of procedural justice on views of legitimacy. The procedural justice research, however, neglects the substantive component of law and how that substance may conflict with value systems of the various subcultures that constitute a complex society. This paper reviews classic and contemporary theory, as well as supporting empirical criminological research, in order to argue that views of the legitimacy of a given law can also be affected by such conflicting value sets. Allotting subculture a central influence, a model is proposed that integrates a sociological conception of the legitimacy of law with the existing research from psychology on procedural justice.     

The sick accused: forensic and emergency aspects in the courtroom

Evaluation of the fitness of an accused person to participate in legal proceedings is a classic forensic activity. Before the trial, the forensic expert will already assess any preexisting somatic and psychological illnesses and give a written expert opinion describing the condition of the accused at the time of the examination and assessing whether he is fit to stand trial. Nevertheless, decompensation or aggravation of a disease may occur--especially in stress situations as they are to be expected for an accused in the courtroom--so that apart from the current evaluation of the state of health of the accused, emergency treatment may occasionally become necessary in the courtroom. The article tries to answer the question how the expert can meet this challenge.     

Hearsay and Human Rights: Al‐Khawaja in the Grand Chamber

This note analyses the European Court of Human Rights' Grand Chamber judgment in Al‐Khawaja and Tahery v United Kingdom, and gives it a cautious welcome. The note suggests how English Courts might respond to the judgment and concludes by assessing justifications for strong confrontation rights and the wider political context of the Grand Chamber's decision.     

Relationships among alcohol outlet density, alcohol use, and intimate partner violence victimization among young women in the United States

Greater access to alcohol has been widely found to be associated with many negative outcomes including violence perpetration. This study examines the relationship between alcohol outlet density, alcohol use, and intimate partner violence (IPV) victimization among young women in the United States. A direct association between alcohol outlet density in one's neighborhood and the likelihood of IPV victimization was examined. Data were from Wave III of the National Longitudinal Study of Adolescent Health (Add Health), which followed a nationally representative sample of adolescents into adulthood. Participants were young adult females age 18 to 26 at Wave III. Of the 4,571 female respondents who reported a current heterosexual relationship and had IPV data, 13.2% reported having been the victim of physical violence only and 6.5% experienced sexual only or physical and sexual violence in the relationship during the past year. In the regression models tested, there was no significant direct association between neighborhood alcohol outlet density and IPV victimization nor was there an association between outlet density and drinking behaviors, thus eliminating the possibility of an indirect association. Results of fully adjusted models indicate females who drank heavily, whether infrequently or frequently, were at significant risk for experiencing sexual only IPV or sexual and physical IPV. Asians and Native Americans were at significantly greater odds of experiencing sexual only or sexual and physical IPV compared with non-Hispanic Whites, while non-Hispanic Blacks were at significantly greater odds for physical only IPV. We conclude that a continuous measure of alcohol outlet density was not associated with IPV in models controlling for individual and other neighborhood characteristics. Young women who drink heavily, whether infrequently or frequently, have greater odds of experiencing sexual only or sexual and physical compared to abstainers. Similar to previous study findings, young women living with or married to their partner were at far greater risk of experiencing physical only and/or sexual only or sexual and physical IPV. The study adds to the growing body of literature that examines how community characteristics such as outlet density influence the likelihood of IPV.     

Codes of professional conduct for Australian Defence Force military physicians: evenomating the serpent?

The scandal of health professionals' involvement in recent human rights abuses in United States military detention centres has prompted concern that Australian military physicians should be well protected against similar pressures to participate in harsh interrogations. A framework of military health ethics has been proposed. Would a code of professional conduct be a partial solution? This article examines the utility of professional codes: can they transform unethical behaviour or are they only of value to those who already behave ethically? How should such codes be designed, what support mechanisms should be in place and how should complaints be managed? A key recommendation is that codes of professional conduct should be accompanied by publicly transparent procedures for the investigation of serious infractions and appropriate disciplinary action when proven. The training of military physicians should also aim to develop a sound understanding of both humanitarian and human rights law. At present, both civil and military education of physicians generally lacks any component of human rights law. The Australian Defence Force (ADF) seems well placed to add codes of professional conduct to its existing ethical framework because of strong support at the highest executive levels.     

Sudden death during prolonged religious fasting

Sickle cell trait (SCT) is estimated to occur in 6% to 10% of Africans, and the United Kingdom (UK) prevalence rate has been estimated at 3.2%. Although sudden death in sickle cell disease is well known, its occurrence in SCT is rare and requires extremes of physiological stress. We present a case of a 29-year-old black woman who died suddenly during a period of religious fasting. Her medical history was unremarkable, and there was no family history of sickle cell disease. At postmortem, she was found to be dehydrated, and macroscopically, the main abnormal findings were congested lungs and a small spleen. Histological examination revealed extensive vascular congestion with red blood cell sickling in both lungs, the liver, and the spleen. Electrophoresis on a postmortem blood sample confirmed the clinical suspicion that the patient was a carrier of SCT. The case highlights a novel scenario of SCT associated sudden death. We discuss the potential pathophysiological mechanisms that may have led to the patient's demise. We also remind pathologists to consider this diagnosis as potentially contributing to the cause of death in apparently fit young people of ethnic origin during episodes of physiological stress.     

The Public Governance of Collaborative Spaces: Discourse, Design and Democracy

This article investigates the relationship between democratic practices and the design of institutions operating in collaborative spaces, those policy and spatial domains where multiple public, private and non-profit actors join together to shape, make and implement public policy. Partnerships are organizational manifestations of institutional design for collaboration. They offer flexibility and stakeholder engagement, but are loosely coupled to representative democratic systems. A multi-method research strategy examines the impact of discourses of managerialism, consociationalism and participation on the design of partnerships in two UK localities. Analysing objective measures of democratic performance in partnerships and interpreting the discursive transition from earlier practices in representative democratic institutions we find that institutional designs for collaboration reflect different settlements between discourses, captured in the distinction between club, agency and polity-forming partnership types. The results show how the governance of collaborative spaces is mediated through a dominant set of discursively defined institutional practices.     

The Radical Sources of the Crisis in West European Communist Parties

The wave of radicalism that swept through Europe from the late 1960s did not pass the communist parties by but struck them with particular force. Evidence of this impact can be found in a study of the social composition of congress delegates, and from recent accounts of the experiences of the communist parties during the 1970s. The story of this trauma over one decade requires us to rethink the notion of Eurocommunism. What emerges from such a reconsideration is a distinction between a process of modernization on which many communist parties have embarked in the post-war period, and particularly since 1956, and a 'new member' factor which characterized the radical surge of the 1970s. This 'new member' factor brought a new style of militancy into the communist parties which challenged their traditional norms. This radicalism raised the fortunes of the communist parties during the 1970s, but it also brought about the crisis of the end of the decade. Whilst it has been responsible for the destruction of the crisis period, it has also provided the ideas and the forces for possible new strategies.