The Human Rights Act and Legal Culture: The Judiciary and the Legal Profession

The purpose of this article is to consider the effect the United Kingdom’s currently prevailing legal culture is likely to have on the realization of cultural change presaged by the Human Rights Act. The article is in five parts. The first two address the preliminary questions: what is meant by ‘legal culture’ for these purposes, and what type of ‘human rights culture’ does the Human Rights Act envisage? The answers define the scope of the remainder of the article’s inquiry into the ways in which the Act itself and the culture of the United Kingdom legal profession and judiciary are likely to interact. The third part of the article identifies some examples of the sorts of culturally specific aspects of current legal practice which are likely to operate as serious practical constraints on the emergence of a human rights culture worthy of the name, before the fourth part considers what sorts of cultural changes will be required of judges and lawyers for the presaged cultural transformation to come about. Finally, the article asks whether there is any reason to believe that courts and lawyers can find from within their present culture the resources to bring about the necessary shift.     

Twenty-first century cyborgs: cosmetic surgery and aesthetic nationalism in Colombia

Abstract

In this article, I explore the institutional and symbolic construction of aesthetic nationalism in Colombia around a fetishization of women’s surgically exaggerated breasts and buttocks. While political scientists have focused almost exclusively on the internet and social media, other technological advancements have altered the relationships between state and society, public and private, and bodies and national inclusion. Combined with the transnational flow of ideas, goods, and people and a political economy that embraces cosmetic surgeries as a development model, this intersectional analysis suggests that aesthetic nationalism in Colombia has recentered the female body in the practice of nationalism, communicating political information, belonging, and power. Based on archival research, direct observation, and elite interviews, I argue that cosmetic interventions play a key role in conferring citizenship rights and defining the borders of the political community. This study contributes to our understanding of how intersectionality can help explain the ways in which technology shapes national body politics, disrupts conventional modes of political communication and representation, and positions the body at the center of contemporary citizenship practices.     

Prices,Devices, People,or Rules: The Relative Effectiveness of Policy Instruments in Water Conservation1

Water conservation policy is a natural laboratory for addressing general issues of relevance to policy analysis and public administration, particularly the relative effectiveness of policies in changing human behavior. Using multivariate regression analysis of a dataset comprised of more than 200,000 monthly observations of more than 19,000 household accounts over six years, this paper makes three main contributions. First, it contributes to the substantive area of water conservation policy by analyzing what works. Second, it contributes to our understanding of generic policy instruments. Third, it raises an important issue regarding standard assumptions about selection bias. The results support earlier work warning that offsetting behavior can negate engineering solutions to policy problems, but further indicate that adding communication to engineering solutions can create cooperation that overcomes offsetting behavior. They also provide evidence that appropriate regulation can be effective, and that pricing can be effective even when price elasticities of demand are low.     

PROFESSIONAL PERSPECTIVES ON COURT-CONNECTED CHILD CUSTODY MEDIATION

This article presents the initial findings of a research project in five judicial settings where there is the provision of child custody mediation within the court. A sample of judges, members of the Bar, and court mediators completed the Professional Study Questionnaire, which examined opinions regarding the efficacy of child custody mediation and requested suggestions for judicial policy and procedure in cases of custody conflicts.     

Sexual assault of older women by strangers

This study examines victim, offender, and offence characteristics associated with sexual assaults by strangers of older women compared to those against younger women. Cases are obtained from the Serious Crime Analysis Section of the United Kingdom National Policing Improvement Agency (NPIA; formerly Centrex). All possible cases of rape, attempted rape, and lesser sexual assault involving a single female victim aged 60 or older are selected (n = 53). These are matched with a sample of sexual assaults against women aged between 20 to 45 years ( n = 53). Research findings reveal significant differences in relation to a number of variables, including ethnicity of the offender, number of previous convictions of the offender, and characteristics associated with the assault itself. The results of this research reveal new information about violent sexual assaults on older women by strangers and have implications for practitioners dealing with such cases.     

Cognitive issues in fingerprint analysis: inter- and intra-expert consistency and the effect of a 'target' comparison

Deciding whether two fingerprint marks originate from the same source requires examination and comparison of their features. Many cognitive factors play a major role in such information processing. In this paper we examined the consistency (both between- and within-experts) in the analysis of latent marks, and whether the presence of a 'target' comparison print affects this analysis. Our findings showed that the context of a comparison print affected analysis of the latent mark, possibly influencing allocation of attention, visual search, and threshold for determining a 'signal'. We also found that even without the context of the comparison print there was still a lack of consistency in analysing latent marks. Not only was this reflected by inconsistency between different experts, but the same experts at different times were inconsistent with their own analysis. However, the characterization of these inconsistencies depends on the standard and definition of what constitutes inconsistent. Furthermore, these effects were not uniform; the lack of consistency varied across fingerprints and experts. We propose solutions to mediate variability in the analysis of friction ridge skin.