Prosecuting 'Gross' Medical Negligence: Manslaughter, Discretion, and the Crown Prosecution Service

This article examines prosecutions of health care professionals for gross negligence manslaughter following fatal errors committed in the course of their work. Unease has long surrounded the use of 'gross negligence' as a form of criminal liability, and particularly as it applies to health care professions operating in high-risk settings. The recent dramatic rise of such prosecutions calls for a closer understanding of the processes by which important prosecutorial decisions are made. In particular, this calls for an investigation into the exercise of discretion by prosecutors in interpreting the loosely defined and contested concept of gross negligence. This article analyses data obtained from a statistical analysis of 'medical manslaughter' cases and also from interviews with crown prosecutors. Discussion of the main findings leads to the conclusion that the offence of gross negligence manslaughter is incapable of any objective and fair measurement and ought to be abolished.     

Child's play: The political imaginary of international relations and contemporary popular children's films

Many scholars in International Relations (IR) have drawn from popular films to examine various problématiques that have informed the discipline's main theorisations. As Cynthia Weber remarks, popular films are powerful because they engage in the very ‘serious political work’ of mythologising the ‘truths’ and ‘realities’ which provide the foundation for many of IR's main theoretical envisionings of our world. To date, however, children's films have received very little attention. For the purpose of this paper, three have been isolated: Toy Story (1995), A Bug's Life (1998) and Rescue Heroes: The Movie (2003). Children's films, it can be argued, help to craft and restore certain perspectives for each new generation of young minds during the crucial years when the world is being textualised for the first time. The objective of this paper, therefore, is to read these films as working towards producing and sustaining the power/knowledge that seeks to defend contemporary forms of world order while concurrently extending and disseminating the rule of these forms of world order through the medium of children's popular cinema.     

In-Between Worlds: Marleasing and the Emergence of Interlegality in Legal Reasoning

Abstract Lawmakers and scholars are so busy looking for new ways to develop a European private law that they are failing to see the virtues of an already existing private law harmonisation tool. This tool is the requirement of interpretation in conformity with directives as it has been designed by the Court of Justice in Marleasing and its progeny. In this paper, it is submitted that this case law operating at the level of rules on legal reasoning, and not at the level of substantive law, is a far more sophisticated means of private law harmonisation than all the measures discussed in the last years. Namely, the requirement of interpretation in conformity with directives is allowing the Common Market to develop coherently without neglecting the significance of national legal cultures. How this difficult equilibrium between harmonisation and legal pluralism might be maintained by the tool the Court of Justice developed in Marleasing is explained in this paper with the help of evolutionary jurisprudence.     

The generality of criminal behavior: A confirmatory factor analysis of the criminal activity of sex offenders in adulthood

The presence of a general construct of deviance had not been investigated in sex offenders in spite of the presumption of specialization that characterized them. Consequently, the aim of this study was to investigate whether sex offenders' criminal behavior could be explained by a general construct of deviance. A semi-structured interview was conducted with each subject in order to assess deviant behavior during the life course. The official criminal behavior of 388 convicted sex offenders was analyzed using confirmatory factor analysis. The pattern of covariance observed showed that the onset, frequency, and variety of criminal activity in adulthood could be explained by a general construct of deviance in sexual aggressors. The results, however, also suggested that child molesters' frequency of sexual crime was not part of a general construct of deviance. In other words, the offending behavior of sexual aggressors of women was predominantly versatile, whereas that of sexual aggressors of children tended to be more specific, at least for one dimension of their criminal activity.     

Expectations regarding development during adolescence: Parental and adolescent perceptions

The aims of this study were (1) to compare the age-related expectations of parents and adolescents concerning the timing of achievement in a number of developmental tasks, (2) to examine whether personal characteristics of the adolescent affect developmental expectations, and (3) to examine whether discrepancies between the adolescents and the parents expectations are related to the amount of parent-adolescent conflict. The sample consisted of 508 families with adolescents (12–18 years old). During a home visit, a battery of questionnaires was administered individually to mothers, fathers, and adolescents. A new 24-item instrument to assess expectations for adolescents mastery of developmental tasks was developed for this study. Analyses showed that when the expectations of adolescents and those of their parents are compared at aggregate level, parents consistently indicate later ages for the achievement of developmental tasks than adolescents. Although parents have later timetables, parents and adolescents have strikingly similar views of the sequence in which achievement of developmental tasks should occur. The adolescents age appears to be the most potent predictor of developmental timetables, followed by gender, pubertal timing, and temperament, respectively. The amount of conflict within the parent-adolescent relationship was associated with differences in developmental expectations. The utility of the new instrument for research and clinical work is discussed.This research was supported by a grant from the Ministry of Health and Culture (PCOJ).     

A: Reviews: General

AN INTRODUCTION TO THE HADITH. By John Burton. (Islamic Surveys.) Edinburgh, Edinburgh University Press, 1994. 210 pp. £39.95 (hb); £16.95 (pb).

POLITICS, GENDER, AND THE ISLAMIC PAST: THE LEGACY OF ‘A'ISHA BINT ABI BAKR. By D. A. Spellberg. New York, Columbia University Press, 1995. 250 pp. $35.00.

MEDIEVAL ISMA'ILI HISTORY AND THOUGHT. Edited by Farhad Daftary. Cambridge, Cambridge University Press, 1996. 331 pp. £40.00

THE THRONE CARRIER OF GOD: THE LIFE AND THOUGHT OF ‘ALA’ AD‐DAWLA AS‐SIMNANI. By Jamal J. Elias. Albany, State University of New York Press, 1995. 260 pp. $16.95

OTTOMAN SEAPOWER AND LEVANTINE DIPLOMACY IN THE AGE OF DISCOVERY. By Palmira Brummett. (SUNY Series in the Social and Economic History of the Middle East.) New York, State University of New York Press, 1994. xvi, 285 pp. 2 maps, 7 plates. $19.95.

HAIFA: TRANSFORMATION OF AN ARAB SOCIETY, 1918–1939. By May Seikaly. London, I. B. Tauris, 1995. 284 pp. £39.50 (hb).

THE FORMATION OF MODERN SYRIA AND IRAQ. By Eliezer Tauber. London, Frank Cass, 1995. 427 pp. £30.00 (hb); £15.00 (pb).

IRAQ: POWER AND SOCIETY. Edited by Derek Hopwood, Habib Ishow and Thomas Koszinowski. (St Antony's Middle East monographs, 29.) Reading, Ithaca Press, 1993. viii, 400 pp. £30.00.

SECRET WAR IN THE MIDDLE EAST: THE COVERT STRUGGLE FOR SYRIA, 1949–61. By Andrew Rathmell. London and New York, I. B. Tauris, 1995. 256 pp. £39.50.

LEBANON: A SHATTERED COUNTRY. By Elizabeth Picard. Translated from the French [Liban: État de discorde] by Franklin Philip. New York and London, Holmes & Meier, 1996. xii, 202 pp. £29.95.

THE ISLAMIST DILEMMA: THE POLITICAL ROLE OF ISLAMIST MOVEMENTS IN THE CONTEMPORARY ARAB WORLD. Edited by Laura Guazzone. Reading, Ithaca Press, 1995. 390 pp. £45.00.

ISLAM AND THE MYTH OF CONFRONTATION: RELIGION AND POLITICS IN THE MIDDLE EAST. By Fred Halliday. London and New York, I. B. Tauris, 1996. 256 pp. £35.00 (hb); £12.95 (pb).

THE MIDDLE EAST IN THE NEW WORLD ORDER. Edited by Haifaa A. Jawad. Basingstoke, St Martins Press/Macmillan, 1994. viii, 154 pp. $35 (hb).

CONFIDENCE BUILDING AND VERIFICATION: PROSPECTS IN THE MIDDLE EAST. Edited by Shai Feldman. (Jaffee Centre for Strategic Studies Study, 25.) Published jointly by the Jerusalem Post and Westview Press, Boulder, 1994. 255 pp. £28.50 (hb).

CHILDREN IN THE MUSLIM MIDDLE EAST. Edited by Elizabeth Warnock Fernea. Austin, University of Texas Press, 1995. xviii, 477 pp., photographs. $22.50 (hb).

THE HISTORY OF THE MAZRU'I DYNASTY OF MOMBASA. By Al‐Amin Bin ‘Ali Al Mazru'i. Translated and annotated by J. McL. Ritchie (Union Académique Interna‐tionale/Fontes Historiae Africanae: Series Arabica XI.) Published for the British Academy by Oxford University Press, 1995. x, 182, 76 pp. £27.50 (hb).

AN INTRODUCTION TO ARAB POETICS. By Adonis. Translated from the Arabic by Catherine Cobham. London, Saqi Books, 1990. 108 pp.

ANTHOLOGY OF MODERN PALESTINIAN LITERATURE. Edited by Salma Khadra Jayyusi. New York, Columbia University Press, 1992. 744 pp. $34.95.

THE EYE OF THE MIRROR. By Liana Badr. Translated by Samira Kawar. (Arab Women Writers.) Reading, Garnet Publishing, 1995. 264 pp. £8.95 (pb).

THE GOLDEN CHARIOT. By Salwa Bakr. Translated by Dinah Manisty. (Arab Women Writers.) Reading, Garnet Publishing, 1995. 193 pp. £ 8.95 (pb).

THE STONE OF LAUGHTER. By Hoda Barakat. Translated by Sophie Bennett. (Arab Women Writers.) Reading, Garnet Publishing, 1995. 231 pp. £ 8.95 (pb).

AL‐KITAAB FII TA'ALLUM AL‐'ARABIYYA (A TEXTBOOK FOR BEGINNING ARABIC). By Kristen Brustad, Mahmoud Al‐Batal and Abbas Al‐Tonsi. Washington, DC, Georgetown University Press, 1995. Introduction 224 pp., textbook 480 pp., videotapes, cassettes.

DAS MUTAFI‐LAZISCHE. Edited by Silvia Kutscher, Johanna Mattissen and Anke Wodarg. (Arbeitspapier, Nr. 24, Neue Folge.) Köln, Institut für Sprachwissenschaft Universität zu Köln, 1995. 136 pp.

GRAMATIKA JEZYKA KRYMSKOTATARSKIEGO. By Henryk Jankowski. (Seria Jezykoznawstwo, Nr. 15.) Poznań, Uniwersytet Im. Adama Mickiewicza, 1992. xviii, 455 pp.

CULINARY CULTURES OF THE MIDDLE EAST. Edited by Richard Tapper and Sami Zubaida. London, New York, I. B. Tauris, 1994. 302 pp. £34.50 (hb).