Editor's Note

An evaluation approach that is collaborative and elicitive may well serve as a catalyst for transforming relationships of power, standing in stark contrast to more conventional and staid evaluation practices that are technical in nature and actuarial in intent. Election of an orientation is the most decisive and strategic choice that is made in approaching evaluation and articulating value imperatives in fieldwork, coloring as it surely does the pragmatic stages of evaluation and good practice for the peacebuilder.     

Context and Continuity: Philistines,Pharisees and Art in English Culture

Cultural identity is an important facet of globalization, and cultural policy involves an international network of policymakers at the subnational, national, and supranational levels. It is often unclear what cultural identity means and who effects policy change, especially in a fast-changing world. The author examines one of the most important cultural policy conflicts of the last two decades to suggest that the intersections among multiple policymakers led to considerable learning through interaction and clear articulation of policy preferences. The author examines the culture war between the European Union (EU) and the United States over trade in cultural products.¹ The conflict played out in international organizations and allowed the EU to come together to articulate a somewhat coherent cultural identity policy, while the United States realized the difficulty of sustaining cultural exports in the context of provocative cultural identity frames.     

What do students really know about criminal justice?

This survey of three hundred and twenty undergraduate students attempted to determine their knowledge of crime and punishment in North Carolina. Respondents answered a series of open- and closed-ended questions regarding various legal topics, such as statutory rape and the legal ages for tobacco and alcohol use. The participants were also asked to list punishments for various offenses, such as possession of marijuana, driving while intoxicated, and rape. They were then asked to define certain legal terms such as larceny. The results indicated that most students were unable to provide correct corresponding punishments for many offenses. They were also unable to accurately define various legal terms, such as robbery or rape. The implications for stronger education in the area of criminal justice are discussed.     

Abstracts of papers given at the 25th annual conference of the Scottish legal history group

Modern Legal History. A. H. Manchester. London. 1980. Butterworths. xxv and 419 pp (incl. Index). £14.50 cased, £9.75 limp.

Introduction historique au droit. John Gilissen. Brussels. 1979. Emile Bruylant. 756 pp. 2200 Bfr. (2075 Bfr. abroad).

Legal Evolution: The Story of an Idea. Peter Stein. Cambridge. 1980. Cambridge University Press. xi and 131 pp (incl. Index). £15.00 cased.

Judecata Domneasca în Tara Româneasca ?i Moldova (1611–1831) (Princely Justice in Wallachia and Moldavia, 1611–1831) Part I. Judicial Organisation, 1611–1740 by V. A. Georgescu and P. Strihan. Editura Academiei Republicii Socialiste România, Bucharest, 1979, 218 pp. Lei 17.

Bizantul ?i Institutiile Române?ti pîna la Mijlocul Secolului al XVIII lea (Byzantium and Romanian Institutions until the mid‐18th century) by V. A. Georgescu. Editura Academiei Republicii Socialiste Romania, Bucharest, 1979, 296 pp. Lei 22.50.

TUC: The Growth of a Pressure Group 1868–1976. Ross M. Martin. Oxford. 1980. Clarendon Press. xiii and 394 pp (incl. Index). £14.00 cased.     

Kenya: succession,customary law

This article seeks to explore the idea that a health care professional who becomes aware that a patient has a genetic linked disorder should in some circumstances owe a duty to inform blood relatives of that fact, and that failure to so inform should be redressed through the law of negligence. This is a contention which has appeared in medical literature ¹ 1 Lucassen, A. (2007), Should families own genetic information? Yes, BMJ, 335(July), p. 22. and been the subject of litigation in American jurisprudence. ² 2 Pate v Threlkel (1995) 661 S0 2d (SC Florida); Safer v Puck (1996) 677 2d 1188 (SC, NJ). Given that medical researchers have identified the genetic causes of many human diseases through more sophisticated methods of DNA sequencing, and have confirmed the hereditary nature of many of these conditions, the disclosure of screening results is a serious and contentious issue. This is particularly so given the increasing importance of preventative medicine as a means of dealing with disease. ³ 3 See Seigler, M. (1982) Confidentiality in medicine – a decrepit concept, N‐Engl J Med, 307, p. 1518, where he refers to medicine expanding ‘from a narrow, disease‐based model to a model that encompasses psychological, social and economic problems’. Also note the increasing emphasis now given to the prevention of diabetes and obesity through lifestyle education. The article suggests, by reference to ethical discourse, and particularly Levinas' theory on responsibility, ⁴ 4 See Levinas, E. (1961) Totality and Infinity, trans. A. Lingus 1969 (Pittsburgh: Duquesne University Press); Levinas, E. (1974) Otherwise Than Being, or Beyond Essence, trans. A. Lingus 1981 (The Hague: Martinus Mijhoff). that health professionals do owe a duty of care to a patient's relatives, but that this duty may be discharged in ways which do not necessarily involve the disclosure of the information to those parties, and that it is only in certain, specified circumstances that a duty to disclose the information exists.     

The Gender Paradox in Prison Suicide Rates

Few studies of prison suicide have focused on suicide among female inmates, and even fewer studies have provided comparisons of rates by gender. Using national data on U.S. prisons and suicide, this study examined the “gender paradox” in prison suicide rates by comparing suicide rates of female and male inmates and U.S. residents and then examined characteristics of prisons that reported suicides. Findings indicated that rates of suicide in prison were similar for female and male inmates, but rates were higher for female inmates and lower for male inmates compared to the respective rates for female and male U.S. residents. Prisons that reported female suicides evidenced significant differences in prison conditions, including higher assault rates and mental health service utilization, compared to prisons for males and female prisons without suicide. Implications of the findings for understanding the gender paradox and for prison suicide prevention are discussed.     

EU developments in IP,IT & telecommunications law

This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Determining security level in forensic psychiatry: a tug of war between the DUNDRUM toolkit and the HoNOS-Secure

ABSTRACT

Criteria to determine in which level of security forensic patients should receive treatment are currently non-existent in Belgium. Research regarding the assessment of security level is minimal, and limited instruments are available. This study investigated the instruments that measure the need for security level: DUNDRUM-1 and the HoNOS-Secure. The psychometric properties of the DUNDRUM-1, DUNDRUM-2 and the HoNOS-Secure were investigated.

A random selection was made of 100 male forensic patients in prison. The DUNDRUM-1, DUNDRUM-2 and the HoNOS-Secure were scored retrospectively. A subsample of the files was rated by four researchers (n?=?38). Comparisons were made with the security level as decided by the court.

The DUNDRUM-1 achieved excellent inter-rater reliability, and the HoNOS-Secure and DUNDRUM-2 got a moderate score. The internal consistency was highest for DUNDRUM-1 followed by the HoNOS-Secure and was low for the DUNDRUM-2. Both the DUNDRUM-1 and the HoNOS-Secure predicted allocations by the court to high security.

The DUNDRUM-1 outperforms the HoNOS-Secure on psychometric properties and provides clear instructions with regard to the assessment of the security level. Training seems to be important for scoring the DUNDRUM-1. The current study provided more evidence for the applicability of the DUNDRUM-1 in Belgian settings with regard to determining the need for security.     

The Road to Uluru: Constitutional Recognition and the UN Declaration on the Rights of Indigenous Peoples

Aboriginal and Torres Strait Islander peoples have campaigned for reform to the Australian state for generations. Over the last decade, debate over constitutional recognition has assumed mainstream prominence as a series of parliamentary and expert bodies designed to raise awareness of the need for change, propose options for that change, and build a community consensus around those proposals, have been established. This article assesses the five public processes undertaken between 2010 and 2017. It explains that constitutional reform has been hampered by state ambivalence towards the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). However, it argues that that same state ambivalence created space for Aboriginal and Torres Strait Islander peoples to eventually take control of the debate, reframe it along their own priorities, and re-energise the movement for constitutional recognition. Even if prospects for a referendum remain uncertain, the Uluru Statement from the Heart has succeeded in building community consensus for a clear proposal because the UNDRIP informed and influenced its development.     

Family violence: Its relation to marital and parental satisfaction and family strengths

Previous research has shown the negative effects of violence on individual family members. However, a review of the literature reveals few studies that document the adverse effects of violence on family relationships. To assess these effects, 304 married parents anonymously completed a survey that included the following scales: conflict tactics, family strengths, marital satisfaction, and parent satisfaction. Results indicated significant decreases in perceived family strengths, marital satisfaction, and parent satisfaction as the use of physical violence among family members increased. These findings provide empirical support for the assumption that violence has a negative impact not only on individuals within a family but also on family relationships.