Millian Liberalism and Extreme Pornography

How sexuality should be regulated in a liberal political community is an important, controversial theoretical and empirical question—as shown by the recent criminalization of possession of some adult pornography in the United Kingdom. Supporters of criminalization argue that Mill, often considered a staunch opponent of censorship, would support prohibition due to his feminist commitments. I argue that this account underestimates the strengths of the Millian account of private conduct and free expression, and the consistency of Millian anticensorship with feminist values. A Millian contextual defense of liberty, however, suggests several other policy approaches to addressing the harms of pornography.     

Disability Discrimination Law in the United Kingdom and the New Civil Rights History: The Contribution of Caroline Gooding

This article concerns the theoretical and practical contribution of radical lawyer, feminist, and disability activist, Caroline Gooding to disability rights in the United Kingdom. It assesses the impact of her published work in the 1990s and translation of her insights into practice through her work on the Disability Discrimination Act 1995 and later at the Disability Rights Commission, not least in securing in legislation a positive disability equality duty. In particular, it seeks to situate Gooding's contribution within the ‘new civil rights history’, with its emphasis on the role of lawyer as mediator, facilitator, and ‘gatekeeper’. It argues that through her engagement with strategic law enforcement, law reform, and the wider mobilization of the law, Gooding created ‘alternative visions and accounts’ of disability and so forged a decisive connection between disabled people as a social movement and the law, in ways of exemplary value to social movements more generally.     

Burying Bell: Managing the Judicialisation of Social Security Tribunals

The Social Security Act 1998 introduced fundamental changes to the tribunal system for hearing appeal claims in respect of benefits. This article examines the reasons for these changes to the largest tribunal system in the United Kingdom, and their implications for claimants. It emphasises the increasing legalism and approximation to ordinary courts of these tribunals. In particular, the article considers the implications of the reduction of lay membership of tribunals and the threats posed to the traditional inquisitorial approach.     

Dyadic Representation in a Westminster System

Is policy representation in contemporary Westminster systems solely a function of programmatic national parties, or does the election of legislators via single‐member districts result in MPs whose policy positions are individually responsive to public opinion in their constituencies? We generate new measures of constituency opinion in Britain and show that, in three different policy domains and controlling for MP party, the observed legislative behavior of MPs is indeed responsive to constituency opinion. The level of responsiveness is moderate, but our results do suggest a constituency‐MP policy bond that operates in addition to the well‐known bond between voters and parties.     

Political marketing in untraditional campaigns: the case of David Cameron's Conservative Party leadership victory

• This study investigates the concept of political market orientation (PMO) in an untraditional setting, namely the 2005 contest for the leadership of the British Conservative Party. Based on a collective case‐study method, a content analysis of candidates' speeches and manifestos is provided. We operationalize four attitudinal constructs of a conceptual PMO model and adapt them to suit the novel campaign context. Our findings show further evidence for the existance of a ‘gravitational centre’ effect hypothesized in earlier studies. Furthermore, we qualify the concept of PMO through a long‐term focus and a context‐specific evaluation of the merits of alternative PMO profiles. Thus, the generic conceptual model of political market orientatation, which previously has only been used in the content of parties contesting a general election campaign, can be adapted to alternative campaign situations without a reduction in its explanatory power.

Copyright © 2007 John Wiley & Sons, Ltd.     

European national news

This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.