Intoxication and the Act/Control/Agency Requirement

Doug Husak has argued, persuasively I think, that there is no literal ??act requirement?? in Anglo-American law. I begin by reviewing Husak??s reasons for rejecting the act requirement, and provide additional reasons to think he is right to do so. But Husak??s alternative, the ??control condition??, I argue, is inadequate. The control requirement is falsified by the widespread practice of holding extremely intoxicated offenders liable for criminal conduct they engage in even if they lack control over their conduct at the time of the offense, and even if they are acting involuntarily. I provide examples from Canadian, US and German law to flesh out our legal practices with respect to intoxicated offenders. I then argue that, at least with respect to one class of intoxicated offenders?Cthose known as ??grand schemers??, who plan their criminal offending prior to rendering themselves incapable of voluntary control over their conduct?Cwe are morally justified in imposing liability. I then propose an alternative to both the act and control requirements: what I call the ??agency requirement??. I argue that our law does and should impose liability for conduct that is expressive of or constitutive of the defendant??s practically rational agency. Adopting an agency view allows us to expand our focus from just the moment of the offense to temporally extended instances of agency, such as is involved in planned offending by grand schemers.     

Diversity policies meet the competency movement: towards reshaping law firm partnership models for the future

Globalisation, commercialisation, and economic pressures following the global financial crisis have produced a ‘new normal’ for the practice of law in private firms, requiring reassessment of the range of skills necessary for success. Scholarship in the ‘competencies movement’ has responded to this need for skills reassessment. At the same time, research and scholarship focused on increasing diversity and inclusion in law firms has blossomed. However, little attention has been paid to analysing synergies in the competencies and diversity movements, and there have been calls for more collaborative research between academics, firms and professional bodies in response to issues of diversity and inclusion. This article presents a collaborative research project between law firms, the Women Lawyers Association of New South Wales, and the Legal Intersections Research Centre at the University of Wollongong on current best practices in diversity in large Australian law firms. It argues that such collaborative projects, with a focus on synergies between the competencies and diversities movements, provide the greatest potential for reshaping law firm practice and partnership models to respond to issues of advancement, attrition, and lack of re-engagement, particularly by women in law firms.     

Solution-Focused Trauma-Informed Care (SF-TIC): An Integration of Models

Trauma-informed care is a rapidly emerging approach in child welfare and is significantly aligned with the core tenets and techniques of solution-focused practice. The integration of solution-focused practices and trauma-informed care offers an alternative to the problem-solving method frequently employed in child welfare. This paper describes and demonstrates how using a Solution-Focused Trauma-Informed Care (SF-TIC) approach can shift individuals and systems from a problem-solving focus to solution building. SF-TIC provides individuals with concrete skills, language and knowledge to effectively avoid inadvertent re-traumatization. Evaluation of this approach is in its infancy and future research is warranted.     

The relationship between peer victimization,cognitive appraisals,and adjustment: A systematic review

Underpinned by the transactional model of stress (TMS), this systematic review synthesizes research testing the role of primary and secondary appraisals in the relationship between peer victimization and adjustment. A comprehensive literature search was undertaken and 23 articles were included in the review. Primary appraisals of threat and control, but not blame, mediated the relationship between peer victimization and adjustment. Secondary appraisals of self-efficacy and perceived social support were found to mediate and moderate the relationship. The findings of the review highlight the utility of the TMS in developing our understanding of individual differences in the relationship between peer victimization and adjustment. The development of the TMS in a peer victimization context, and future areas of research are discussed.     

Decentralisation and poverty: conceptual framework and application to Uganda

In order to shed further light on the discussion about decentralisation‐poverty linkages in developing countries, this article introduces a conceptual framework for the relationship between decentralisation and poverty. The framework takes the form of an optimal scenario and indicates potential ways for an impact of decentralisation on poverty. Three different but interrelated channels are identified. Decentralisation is considered to affect poverty through providing opportunities for previously excluded people to participate in public decision‐making, through increasing efficiency in the provision of local public services due to an informational advantage of local governments over the central government and through granting autonomy to geographically separable conflict groups and entitling local bodies to resolve local‐level conflicts. Based on the experience with decentralisation in Uganda, it is shown that these channels are often not fully realised in practice. Different reasons are singled out for the Ugandan case, among them low levels of information about local government affairs, limited human capital and financial resources, restricted local autonomy, corruption and patronage, high administrative costs related with decentralisation and low downward accountability. Copyright © 2007 John Wiley & Sons, Ltd.     

Reconciliation in Times of Impunity: Challenges for Social Justice

In human history there is no lack of malice, revenge, or savagery. The twentieth century has seen 33 million military deaths. Victimization deaths are estimated at six times that number, at 205 million people. The past decade has seen people enslaved, tortured, raped, and persecuted as members of political, racial, ethnic, or religious groups in Latin America, Eastern Europe, Asia, and Africa. Yet we have not seen meaningful prosecution of crimes that have occurred on a massive scale. Former United Nations High Commissioner for Human Rights José Ayala Lasso has stated that a person stands a better chance of being tried and judged for killing one human being than for killing 100,000. This paper examines reconciliation in the aftermath of protracted, deadly, wide scale conflict characterized by impunity when crimes against individuals, groups, and humanity go unpunished. It describes the relevance of moral exclusion theory to conflicts in which dehumanization and violence are normalized, and it argues that impunity is an urgent matter for psychology and social justice research.     

To Pay Suspicious Attention: Following the Weave of ‘Mixed Logics’ in Women’s Ethical Decision Making

This article explores areas of law loosely within English equity and trusts law that have not conventionally been subject to feminist debate, and within the context of a discussion about feminist method. The particular areas examined are whistleblowing and trustees’ powers of investment, each of which calls for consideration of decision-making processes which have an ethical content. These sites are chosen because they take debate outside the all too familiar locations of woman or ‘the body of woman’, including the family home, where feminist analysis in relation to equity and trusts tends to stray. In exploring these chosen fields, Hobby’s (Feminist Perspectives on Equity and Trusts, Cavendish Publishing, 2001, pp. 219–255) critique of gender dimensions in relation to whistleblowing and Dunn’s (Feminist Perspectives on Equity and Trusts, Cavendish Publishing, 2001, pp. 179–196) account of women trustees’ investment decisions are evaluated and developed. The debate within feminist legal criticism of the possibility of integrating an ‘ethics of care’ and an ‘ethics of rights’ is acknowledged. Whilst acknowledging of the difficulty of adopting an approach that recognises ‘mixed logics’, it is concluded that women (and men) do integrate the ethics of care and the ethics of rights in their decision-making. It is argued that the effort should be made to trace the specific weave in particular circumstances, thereby paying suspicious attention to the values that underlie courts’ analyses of ethical choices.     

Special Issue: Gender,Sexuality and Human Rights

This brief article introduces a special issue of Feminist Legal Studies addressing gender, sexuality and human rights, and comprising papers drawn from an E.S.R.C.-funded workshop held at the University of Kent in June 2004 on the theme of “Gender-Auditing the Human Rights Act”. The article begins by situating the themes of the special issue within the broader context of feminist engagement with rights discourse. It goes on to consider the introduction of the Human Rights Act 1998 into the U.K. with a view to assessing its implications in terms of engendering a positive legal and political culture for equality-seeking initiatives. The article concludes with a survey of the contributions to the special issue, highlighting the possibilities for feminist theory and strategy posed by a wider intersectional engagement with rights issues.     

Choosing Healthplans All Together: a deliberative exercise for allocating limited health care resources

CHAT (Choosing Healthplans All Together) is an exercise in participatory decision making designed to engage the public in health care priority setting. Participants work individually and then in groups to distribute a limited number of pegs on a board as they select from a wide range of insurance options. Randomly distributed health events illustrate the consequences of insurance choices. In 1999-2000, the authors conducted fifty sessions of CHAT involving 592 residents of North Carolina. The exercise was rated highly regarding ease of use, informativeness, and enjoyment. Participants found the information believable and complete, thought the group decision-making process was fair, and were willing to abide by group decisions. CHAT holds promise as a tool to foster group deliberation, generate collective choices, and incorporate the preferences and values of consumers into allocation decisions. It can serve to inform and stimulate public dialogue about limited health care resources.