The Court's Role in Promoting Comprehensive Justice for Pregnant Drug and Alcohol Users

Drug use during pregnancy is an important social and medical issue. Legislatures and courts have offered a variety of responses, ranging from imprisonment to comprehensive service programs that are rehabilitative in nature. This article discusses the prevalence and effects of prenatal drug use, followed by a presentation of the scope of legal responses and treatment options. Some courts do not provide outreach services for drug‐offending mothers, while others may offer a limited range of services. In contrast, a comprehensive justice approach would provide a wide range of health, employment, and social programs for the offender. This approach is based on philosophies of restorative justice, therapeutic jurisprudence, and procedural justice. Such a theory‐based comprehensive justice program ultimately benefits mothers, children, and the community. Considerations are offered for judges who seek to implement a comprehensive justice approach to address this important problem.     

Y-chromosome polymorphism data in Majorcan, Minorcan and Valencian populations (eastern Spain).

Frequency data of the six STRs: (1) DYS19; (2) DYS389I; (3) DYS389II; (4) DYS390; (5) DYS391 and (6) DYS393, and the DYS287 polymorphism (YAP) were determined in a sample of 117 unrelated males from three eastern Spanish populations: 53 from Majorca, 40 from Minorca and 24 from Valencia.     

Bellamy on Dirty Hands and Lesser Evils: A Response

This article offers a response to Alex Bellamy's article 'Dirty Hands and Lesser Evils in the War on Terror'. It outlines deep errors in his claims about 'dirty hands' and 'lesser evils'. Essentially, these errors result from his failure to grapple with the complexity of dirty hands theory, coupled with his uncritical acceptance that dirty hands scenarios are essentially defined as a clash between a public and private morality. Furthermore, we argue that Bellamy's distinction between 'dirty hands' and 'lesser evils' is a spurious one since all dirty hands cases require a choice between lesser evils. In addition, we reject his claim that dirty hands makes no political sense. For illustrative purposes, we then briefly examine one problematic philosophical issue which needs attention if the notion of dirty hands is to be taken seriously. Finally, we demonstrate the usefulness of the concept of dirty hands by applying it to the issue of torture in the so-called 'war on terror'.     

A comparative analysis of Inspector responses to complaints about psychosocial and physical hazards

Work Health and Safety Inspectors are at the forefront of efforts to protect workers from harm from psychosocial hazards, yet the application of regulatory theory to their practice has been limited. Drawing on models of responsive regulation and strategic enforcement, we analyze extensive (N = 46,348) complaint and incident notification data from an Australian Work Health and Safety Inspectorate, to compare Inspectors' responses to psychosocial versus non-psychosocial hazards. We found psychosocial hazards were less likely to be actioned than non-psychosocial hazards. When they were actioned, psychosocial hazards saw more Inspector activity, but fewer enforcement notices than non-psychosocial hazards. These findings are inconsistent with the version of responsive regulation espoused by the regulator. Our theoretical conclusion is that Weil's strategic enforcement approach is likely to offer greater possibilities for guiding future resource allocation.     

From ‘There is No Alternative’ to ‘Maybe There are Alternatives’: five Challenges to Economic Orthodoxy after the Crash

Prior to the 2008 financial crisis, politicians famously told the public and themselves that ‘there is no alternative’ to a neoliberal economic paradigm. Fast‐forward to 2019 and there is, instead, the sense that ‘maybe there are alternatives’. However, when many observers and commentators look back to the 2008 crisis, they see a general continuity with what went before. In order to gain a better understanding of this ‘interregnum’, we map five sets of ideas and practices that challenge the policies, ideas, and conventions of pre‐crash orthodoxy. In doing so, we argue that there has been a fundamental transformation in legitimate public discourse about the economy since 2008: ideas and practices that were previously unimaginable or illegitimate in mainstream economic debate are now commonplace. Although this does not represent a ‘paradigm shift’, it represents significant political change that is important to understand and interrogate on its own terms.     

Policy Design and Nodal Governance: A Comparative Analysis of Determinants of Environmental Policy Change in a South African City

Abstract

This contribution focuses on a policy paradox, a failed attempt to introduce a Solar Water Heater bylaw in a South African city in spite of much initial support, both politically and professionally. The paper combines a policy design and a nodal governance perspective to explain why the law failed to materialise. It uses categories developed by the nodal governance approach to characterise the mentalities and technologies of the public agencies involved in the policy process, and explore how distinct policy cultures are nurtured by the networked relations and concomitant learning contexts of these agencies. The analysis shows how the agencies differ sharply on philosophical and practical grounds as to how they typically think about policy values and interventions. This tends to make the collaboration between them difficult as each of them experiences the other as seeking to frustrate rather to assist the policy process. The paper documents how “superstitious learning” became a predominant trait of the bylaw process, as each of the agencies tended to look for evidence in the actions of officials in the other department that confirmed their stereotypical view of them, and reinforced it during the process of interaction. Insufficient attention was given, early on in the bylaw process, to the fact that these departments would have to cooperate closely and that “buy-in” from both was a critical condition for success. Due to this, unfortunate policy design choices fed forward through the implementation process and disabled opportunities for co-learning and collective problem-solving.