Can punishment morally educate?

Over the past ten years or so, there has been a renewed interest in the moral education theory of punishment. The attractions of the theory are numerous, not least of which is that it offers hopes for a breakthrough in the apparently intractable debate between deterrence theorists and retributivists. Nevertheless, I believe there are severe problems with recent formulations of the theory. First, contemporary educationists all place great emphasis on autonomy, yet fail to show how continued respect for autonomy is compatible with achievement of their stated punitive goals. Second, educationists have, and possibly must, take incarceration as the best available punitive sanction. Yet it is unclear how morally educative such a punishment will be. Third, contemporary educationists view punishment as a benefit to be conferred on an offender. But educationists have not succeeded in arguing that society is obligated to confer such benefits, nor have they adequately defended the Platonic moral psychology necessary to show that moral education is always a benefit to justly punished offenders. Fourth, contemporary educationists are hopeful that an indeterminate sentencing policy can be avoided, but I argue that such a policy is an ineliminable component of an educationist justification of punishment. Finally, I raise some doubts about the scope that educationist goals ought to have in any comprehensive theory of punishment.     

Confidence‐building measures at sea: The challenges ahead in Southeast Asia

Southeast Asia faces a range of challenges in adopting maritime confidence‐ and trust‐building measures in the very promising atmosphere of political endorsement that exists after the ASEAN Regional Forum, with possible changes to the strategic balance caused by maritime rearmament within the region. This paper briefly analyses the roles or activities of maritime forces in the region on the basis of their sensitivity to scrutiny: the hard or contentious kinds of activities, usually warlike, that navies will only practise together in an environment of considerable trust, and the soft, usually non‐warlike activities, that they could undertake cooperatively with fewer security concerns. From this list of shared roles two lists of possible CBMs are derived, the easy (or likely‐to‐succeed) and the hard (or less‐likely), based on the level of sensitivity of the activities to be undertaken cooperatively.     

Rights-based mental health legislation and the right to be treated

Following the United Nations Declaration on the Rights of Persons with Mental Illness (1991), the Australian Government released the National Mental Health Policy in 1992. Pointedly, the Report of the National Inquiry into the Rights of People with a Mental Illness in 1993 was critical of the failure of a number of Australian jurisdictions to adequately protect the rights of people with mental illness. A subsequent critique of the capacity of mental health law and policy to respond to current and future challenges of community-based care suggested that while Australian legislation and policies may pass human rights scrutiny in principle, there was insufficient focus on the monitoring processes to ensure implementation and adherence to those measures. The new Commonwealth Attorney-General has foreshadowed the development of a Charter of Rights to create a framework for legislators and regulators when drafting legislation to cover "aspirations" such as the recognition of fundamental human rights. However, it is argued that the dilemma of how best to care for and protect those afflicted with mental illness as well as the public who may be affected by violence or offending by those persons with untreated mental illness, will not be resolved by resort to a didactic Charter of Rights, however idealistic or well intentioned.     

Obligations Between Adult Partners: Moving From Form to Function?

It was observed at the end of the twentieth-century that inrelation to family law policy in the UK, the ‘parent-childrelationship was the only clearly ascertainable family relationshipto which legal consequences can be attached’ and it waspredicted that relational obligations between adult partnerswould become individually negotiable. Some considered that whileparenthood would remain subject to normative obligations, thelegal position of married and unmarried couples would be equatedvia the gradual de-regulation of marriage through increasingthe capacity of adults to define the terms of their own relationships.However, recent policy and practice-based developments reveala different picture. The purpose of this article is to considerthe interaction between these mutually informing discoursesand to suggest that rather than developing a more function-basedapproach to the imposition of intra-familial obligations, relationshipstatus continues to carry determinative weight. Particular attentionwill be paid to evolving jurisprudence in the ancillary reliefcontext which has given the fact of marriage, by itself, greaterdistributive consequences on divorce. It will be argued thatcontrary to predictions at the end of the twentieth century,the regulatory gap between married and unmarried relationshipsis becoming wider, and that obligations between parents whichare created by the ‘joint parenting exercise’ arebeing confined, in both arenas, to remedial awards based uponthe disadvantaged economic position of the primary caregiver.     

Project management and job satisfaction in the public sector

The article addresses the question of the impact of project management on employee job satisfaction. After noting that the literature generally does not provide much information on the subject, the results of a study conducted in Garland Texas are presented. The Garland data, based on an analysis of twenty-two matched-pairs of employees (a group who had served on project teams were matched with a similarly-situated group who had not), indicated that project management does change employee opinions about management practices. Indeed, in terms of decision-making processes, goal-setting, interaction and upward communication processes, there were significant differences between the two groups. The study concludes that part of this effect may be similar to a “Hawthorne Effect”.     

Kyz ala kachuu and adat: non-consensual bride kidnapping and tradition in Kyrgyzstan

The position of Kyrgyz adat (traditional customary law) on the practice of non-consensual bride kidnapping in Kyrgyzstan has not been documented nor is there a consensus among the ethnic Kyrgyz on whether or not non-consensual bride kidnapping is a Kyrgyz ‘tradition’. This paper provides a review of the historical and ethnographic evidence regarding the frequency and appropriateness (according to Kyrgyz adat) of non-consensual bride kidnapping in traditional Kyrgyz society before the political, economic and social changes of the Soviet period. The evidence presented by this research discredits the widely held belief in Kyrgyzstan, that non-consensual kidnapping is a Kyrgyz adat tradition that was widely practiced with general social approval in ancient times. The information provided in this paper can be used by educators, legislators and the media to demonstrate that non-consensual kidnapping is not legitimated by pre-Soviet Kyrgyz adat tradition.     

An Experimental Investigation of How Judicial Elections Affect Public Faith in the Judicial System

Judicial scholars have often speculated about the impact of elections on the administration of justice in the state courts. Yet relatively little research has concerned itself with public perceptions of state court selection methods. Of particular interest is the concept of legitimacy. Do elections negatively affect public perceptions of judicial legitimacy? Bonneau and Hall (2009) and Gibson (2012) answer this question with an emphatic “No.” Judicial elections, these studies show, are not uniquely troublesome for perceptions of institutional legitimacy. This article aims to extend the findings of Bonneau and Hall and Gibson via a laboratory experiment on the effects of elections on public perceptions of judicial legitimacy. In the end, we find that because elections preempt the use of the other main selection method—appointment—they actually enhance perceptions of judicial legitimacy rather than diminish them.