Toward a Feminist State: What Does ‘Effective’ Prosecution of Domestic Violence Mean?

This article examines domestic violence criminal prosecutions and addresses what 'effective' prosecutorial action means in such cases. The argument elaborates on a point recently articulated by the UN Special Rapporteur on Violence against Women, which links effective prosecution of violence against women to the creation of a less patriarchal society. The article concludes that 'effective' prosecution of domestic violence means prosecution which constitutes the State as less patriarchal ceteris paribus .     

ROAD GRANTS, INTERGOVERNMENTAL COMPETITION AND THE BENEFITS OF DUPLICATION

Abstract: This article argues that direct commonwealth involvement in road funding and road policy has benefited the states and local government. Although inefficiencies and friction are evident as a result of joint funding, the benefits of multiple accountability outweigh the costs. A competitive dynamic underlies the involvement of all three levels of government, producing outcomes that no single government dominates, but which reflect in part the responses of each to their respective constituencies. The commonwealth has been driven to more intrusive forms of intervention as existing controls failed to achieve the commonwealth's objectives, and to expanding its financial contributions to counter the diversion of funds by state governments. Its commitment to funding the road program is likely to be highest when its specific purpose grants can be identified closely with the provision of roads in particular regions and localities. In sum, joint funding of the road program produces a system that is responsive to competing conceptions and interests, and the commonwealth's "voluntary vacancy" from all but "national" roads is on balance likely to be detrimental to the program.     

Editorial

Criminal Law and Philosophy -     

Processes of Criminalization in Domestic and International Law: Considering Sexual Violence

This article explores some conceptual issues regarding criminalization at the domestic and international levels. It attempts to explain what it means to say that a particular kind of conduct has been criminalized, and considers how the processes of criminalization differ in domestic and international law. In unpacking these issues, the article takes the examples of rape and sex trafficking in domestic and international legal systems, explores whether these offenses are criminalized more broadly in international criminal law as compared to domestic criminal law, and briefly outlines possible explanations for this disparity.     

Victimless Conduct and the Volenti Maxim: How Consent Works

This article examines the normative force of consent, explaining how consent works its “moral magic” in transforming the moral quality of conduct that would otherwise constitute a wrong against the consenting person. Dempsey offers an original account of the normative force of consent, according to which consent (when valid) creates an exclusionary permission. When this permission is taken up, the moral quality of the consented-to conduct is transformed, such that it no longer constitutes a wrong against the consenting person. Building on this account of how consent works, Dempsey identifies two sets of cases in which consent fails to transform the moral quality of one’s conduct: cases in which one is consent-insensitive to the rational force of another’s consent, and cases in which one acts for sadistic reasons.     

How to Argue About Prostitution

This article provides a comparative analysis of various methodologies employed in building arguments regarding prostitution law and policy, and reflects on the proper aims of legal philosophy more generally. Taking Peter de Marneffe’s Liberalism and Prostitution (OUP 2010) as a launching point for these reflections, the article offers a mostly favourable review of the book as a whole, and defends the philosophical method as one (amongst other) valuable ways to argue about prostitution.     

Can twitter change the Iranian legal landscape for women?

ABSTRACT

This article explores the effectiveness of international social media (Twitter) campaigns, as a modern form of transnational advocacy networks, seeking domestic legal change in Iran for women’s rights. Using the spiral model of human rights change and second wave normative theories, the article critiques current thought on social media as an advocacy tool using evidence from two Iranian campaigns. Gathering empirical data from the #stopstoning and #letwomengotostadium campaigns, the research finds that Twitter campaigns may be linked to regression in some areas of women’s rights. Early evidence indicates that social media may lead to amplified government backlash, lack of campaign persistence and foreign overshadowing of domestic voices, which all contribute to the ongoing problematisation of the role of transnational advocacy networks in domestic human rights change.     

Public Agronomy: Norman Borlaug as ‘Brand Hero’ for the Green Revolution

This article examines the role played by Norman Borlaug in promoting the notion of Green Revolution as a way to rapidly transform agriculture in the developing world. It develops the argument that Borlaug used his profile as a ‘public agronomist’, gained through his successful breeding of semi-dwarf wheat varieties, to actively and instrumentally bolster the case for Green Revolution style agricultural development. In effect he played and continues to play the role of a ‘brand hero’ for the Green Revolution.