Ten Years On, the ‘Three Circle’ Model of Restorative & Transformative Justice: A Tool to Combat Victimization and Recidivism

This paper had its genesis 10 years ago in the authors’ development of a communitarian ‘three circle’ model of restorative and transformative justice for a pilot restorative justice study used with serious and repeat adult offenders appearing in the Magistrates’ Courts in Western Australia. The model was designed in part to place their crimes within a context, something that rarely occurs within the mainstream adversarial criminal justice system in Australia. The model was primarily designed to provide victims of crime with the best outcome and offenders with the opportunity to provide apology and restitution, as well as take responsibility for their actions. The three circles, each including two facilitators, are: Circle 1: consists of the perpetrator who has pleaded guilty to a specified criminal act together with his/her family and/or friends; Circle 2: consists of the victim(s) of the crime together with their family and/or friends. Circle 3: consists of a combination of the first two circles, tasked to seek, if possible, a mutually agreeable resolution that culminates in a report to present to the Magistrate in court to use in mitigation of sentencing. Importantly, although the 30-month study had socially and economically significant results, 10 years after its completion there is still no restorative justice program in the adult courts in Western Australia. Because of this, the authors also set out to question the state government’s motivation in largely ignoring this successful process.     

Unheard Voices: Why Former Child Welfare Workers Left Their Positions

This mixed methods study used a snowball sample (n = 54) to capture retrospective insight from former public child welfare workers about job satisfaction and reasons they left their positions. Responses to open-ended questions suggested a theme of lack of organizational support as the primary reason they left. Former workers also reported that they wanted a voice and someone to hear their concerns, greater recognition, and opportunity to practice self-care. Quantitatively, workers in their positions 8 years or longer were the most satisfied on a 19-item global scale examining job satisfaction. Respondents were unhappy with their workloads and emotional impact of their positions.     

Public Services after Austerity: Zombies,Suez or Collaboration?

Public services—in the UK and elsewhere—are under considerable pressure, not just from austerity, but also from a variety of social, demographic and technological changes (in effect ‘austerity plus’). In this context, three broad options are open to policy‐makers: continue with tried‐and‐tested approaches while spending less money, which in the UK means a reliance on ‘New Public Management’ (NPM); withdraw completely from certain public services; or develop new approaches to public administration. We argue that all of these approaches have been attempted in recent years, but it is the final option that is most interesting and potentially the most beneficial. In this article, we examine experiments with these new approaches in responding to ‘austerity plus’. In particular, we examine various attempts at ‘collaboration’ in public services and discuss the risks associated with them. We conclude by setting out the extent to which policy‐makers have moved beyond NPM and suggesting some of the benefits that this could bring.     

Networks of Reciprocity: Precarity and Community Social Organisations in Rural Myanmar

ABSTRACT

Growing precarity amongst rural households in Myanmar is characterised by increasingly debt-fuelled agriculture, decreasing sufficiency and sustainability of rural livelihoods and an absence of social safety nets. This constrains the capacity for viable livelihoods, as risk-averse coping strategies undermine long-term economic sustainability. In this context, informal support networks may be expected to decline or collapse. However, recent evidence demonstrates the widespread emergence of community-based social organisations in rural communities, formed along traditional principles of reciprocity. Analysis of large-scale rural household surveys demonstrates that such organisations are found in nearly 40% of communities in rural Myanmar. These organisations collect and redistribute funds to help with healthcare, education, funerals and other social needs. The presence of such organisations is linked to higher levels of household resilience, achieved through reducing the inequalities linked to gender, disability and poverty, and through providing enabling environments for effective income diversification. Communities with higher levels of migration are more likely to have community-based social organisations, possibly a result of economic and social remittances. In the absence of effective formalised social protection, these social organisations provide most of the social assistance in rural communities, representing new networks of reciprocity in the face of increasing precarity.     

Holding Back the Tide— a Review of Recent Developments in Copyright Law in the United Kingdom

This article surveys recent developments in UK copyright law. It sets these developments in the context of broader trends in copyright law and policy. Significant decisions concerning subsistence of copyright, authorship, infringement, defences, remedies and collective licensing are analysed. The author notes that copyright, and other intellectual property rights, have been given extra force as a result of recent legislative developments. He argues that, against this background, it is possible to discern increasing judicial concern to ensure that such an expansion in monopoly power does not operate against the public interest.