Book reviews

Improving the quality of public participation in council decision making continues to be a key goal of local government 'modernisation'. Different rationales for this have been advanced, including consumerist aims of service improvement, participation as an important value in itself, and participation as a survival strategy for local government. Based on surveys of, and interviews with, councillors and senior officers in Scottish local government, this article explores the ways in which concepts of 'consumerism' and 'citizenship' inform councils' approaches to public participation.     

Marketing ideas

There is a pressing need better to understand the relative merits of emerging ideas and their contexts of generation. However, it is important to point out that the enterprise is needlessly disadvantaged if we unthinkingly adopt certain implicit assumptions about the nature of ideas. This short paper aims to clarify the consequences of our reliance upon such assumptions. It sets out to do this by positing three broadly differing perspectives on the nature of ‘ideas’: 1) romantic, 2) modified romanticism and 3) constitutive. The relative merits of these perspectives are then considered through reflections on the practical experience of generating and communicating new ideas in social science research. The paper concludes that social scientists need to embrace a form of constitutive marketing of ideas.     

Reforming the Canadian security state: the Royal Canadian Mounted Police security service and the ‘Key Sectors’ program

Although a significant component of Cold War domestic security, counter-subversion has not received the same attention as counterespionage in recent historical writing. This article examines one aspect of the history of counter-subversion, specifically an internal attempt by the Canadian Security Service to reform itself in the face of the social change of the 1960s. ‘Key Sectors’ attempted to modernize the RCMP's pursuit of subversives by emphasizing qualitative factors and broader criteria for what constituted subversion beyond an association with communism. In the end, however, the program failed because it could not free itself from the anti-communism paradigm that the Canadian security state had been constructed on in the first place.     

Personal and Vicarious Experience with the Criminal Justice System as a Predictor of Punitive Sentencing Attitudes

This study examined the impact of prior personal or vicarious experience with the criminal justice system on sentencing attitudes. Existing research on sentencing attitudes has examined factors such as race, gender, income level, political affiliation, and education level, but few research studies have focused on actual contact with the criminal justice system and its influence on perceptions of sentencing as either too harsh or too lenient. The current study utilized data collected by the Roper Center for Public Opinion Research. Over 1,500 respondents were surveyed nationwide in 2006 regarding sentencing attitudes. Logistic regression analysis was utilized to assess the impact of factors of interest on sentencing attitudes. Results indicated that individuals who had been charged with a crime (personal experience), or who had an immediate relative or close friend who had been charged (vicarious experience), were more likely to perceive the criminal justice system as too harsh, regardless of race/ethnicity.     

Identity crisis: Global challenges of identity protection in a networked world

Modern identity is valuable, multi-functional and complex. Today we typically manage multiple versions of self, made visible in digital trails distributed widely across offline and online spaces. Yet, technology-mediated identity leads us into crisis. Enduring accessibility to greater and growing personal details online, alongside increases in both computing power and data linkage techniques, fuel fears of identity exploitation. Will it be stolen? Who controls it? Are others aggregating or analysing our identities to infer new data about us without our knowledge or consent? New challenges present themselves globally around these fears, as manifested by concerns over massive online data breaches and automated identification technologies, which also highlight the conundrum faced by governments about how to safeguard individuals' interests on the Web while striking a fair balance with wider public interests. This paper reflects upon some of these problems as part of the inter-disciplinary, transatlantic ‘SuperIdentity’ project investigating links between cyber and real-world identifiers. To meet the crisis, we explore the relationship between identity and digitisation from the perspective of policy and law. We conclude that traditional models of identity protection need supplementing with new ways of thinking, including pioneering ‘technical-legal’ initiatives that are sensitive to the different risks that threaten our digital identity integrity. Only by re-conceiving identity dynamically to appreciate the increasing capabilities for connectivity between different aspects of our identity across the cyber and the physical domains, will policy and law be able to keep up with and address the challenges that lie ahead in our progressively networked world.     

Situated Justice: A Contextual Analysis of Fairness and Inequality in Employment Discrimination Litigation

A substantial body of sociolegal scholarship suggests that the legitimacy of the law crucially depends on the public's perception that legal processes are fair. The bulk of this research relies on an underdeveloped account of the material and institutional contexts of litigants' perceptions of fairness. We introduce an analysis of situated justice to capture a contextualized conception of how litigants narrate fairness in their actual legal encounters. Our analysis draws on 100 in‐depth interviews with defendant's representatives, plaintiffs, and lawyers involved in employment discrimination lawsuits, selected as part of a multimethod study of 1,788 discrimination cases filed in U.S. district courts between 1988 and 2003. This article offers two key empirical findings, the first at the level of individual perceptions and the second at the level of legal institutions. First, we find that neither defendants' representatives nor plaintiffs believe discrimination law is fair. Rather than sharing a complaint, however, each side sees unfairness only in those aspects of the process that work to their disadvantage. Second, we demonstrate that the very notion of fairness can belie structural asymmetries that, overall, profoundly benefit employers in employment discrimination lawsuits. We conclude by discussing how a situated justice analysis calls for a rethinking of empirical research on fairness. Audio recordings of respondents quoted in this article are available online. ¹      

Regulation of legal services in the e-world: a need to short circuit hot spots in ethics and novel practices?

This paper examines the professional and regulatory implications for legal practices of a rapidly evolving legal services marketplace shaped by new technologies and e-spaces. The paper focuses on three burgeoning areas in the delivery of legal services: (i) legal outsourcing; (ii) virtual law firms; and (iii) use of social media networking. The authors examine how Australian legal practitioners are utilising these new practices and technologies and the ethical implications of their use. The paper argues that the current regulatory framework in Australia does not adequately address the challenges and concerns raised by an increasingly borderless and e-based legal services market and thus calls for Australian legal regulators to remedy this deficiency as a matter of priority.