The rule against bias is a central tenet of English law and it also impacts on collegiate courts which typically exercise appellate/review jurisdictions over their professional or student members. This is true of the Bar Standards Board which has established the adjudicatory bodies to enforce its regulatory framework and has vested the procedure of fair trials upon the Council of the Inns of Court which is responsible for appointing the Disciplinary Tribunal panels that conduct hearings for professional misconduct. The (...) COIC has been exposed for ‘irregularities’ in the findings of guilt against barristers who have been adjudged by non-qualified judges. In R v Visitors to the Inns of Court and Ors [2014] EWCA Civ 1630, the Court of Appeal ruled that a disciplinary tribunal or a panel of visitors appointed from barristers or lay representatives outside its pool of enrolled judges would still ensure independence and guarantee freedom from outside pressure. The impugned tribunal members who were not entitled to sit nevertheless had authority to act as de facto judges. This part of the ruling reinforces the regulatory bodies inherent power to appoint its own tribunal to adjudicate and it needs a more rigorous application of natural justice principle on the part of the BSB. (shrink)
The Legal Services Act 2007 provided a framework for a liberalised marketplace for legal services. The most significant responses to this by the Bar appear in the Bar Standards Board Handbook, whic...
A significant historical role in the development of competence-based vocational qualifications in England and Wales is customarily ascribed to the 1985 to 1986 Review of Vocational Qualifications (RVQ), the body which invented the National Vocational Qualification (NVQ). This paper analyses the RVQ's internal debates. The paper demonstrates that the RVQ proposed only the general principles of a structure and an administration for a reformed vocational qualifications system. The RVQ did not address in detail either the definition of (...) occupational competence or the curriculum and assessment models to be embodied in the NVQ. In the light of this analysis, the paper re-evaluates the role of the RVQ in the development of competence-based vocational qualifications, and suggests some potentially fruitful areas for future research. (shrink)
The conception of the victim in criminal justice systems has changed across history and legal systems. A framework that considers the private and public along a spectrum and offers nuances between private and public interests illuminates the ways victims have been conceived within mechanisms of participation in various criminal justice systems and the ways they can oscillate and have oscillated within these categories. This article argues that in England and Wales, victims have been conceived as citizens with both (...) private and predominantly public roles and interests, while in the United States, they have been conceptualised as actors that hold predominantly private interests. Nuances within mechanisms of victim participation that challenge the rigidity of the public/private divide within those jurisdictions are accounted for and discussed. (shrink)
In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)
In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)
In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)
In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)
The Mental Capacity Act 2005 came into force in England and Wales in 2007. Its primary purpose is to provide “a statutory framework to empower and protect people who may lack capacity to make some decisions for themselves.” Examples of such people are those with dementia, learning disabilities, mental health problems, and so on. The Act also gives those who currently have capacity a legal framework within which they can make arrangements for a time when they may come (...) to lack it. Toward this end, it allows for them to make advance decisions or to appoint proxy decision makers with lasting powers of attorney. (shrink)
In today's society some have argued that the legal profession's codes of conduct are a hodgepodge of rules without any clear ethical basis. In this text, Boon and Levin systematically address this compelling issue. Some of the major questions raised are as follows: Is self-regulation crucial to the survival of the legal profession? What fundamental philosophical principles govern ideas of professional conduct? Are the present codes regulating solicitors and barristers consistent with these principles? And, looking forward, are they appropriate when (...) the legal profession faces radical social, political and economic change? While this text focuses on the dynamics of the justice system in England and Wales, the overall issue of ethics and conduct in regards to law holds worldwide interest. Students, teachers and practitioners will find this the first comprehensive and interdisciplinary guide to and analysis of professional conduct and ethics. (shrink)
The Law Society recently published a practice note titled 'Prosecutions of victims of trafficking'. This practice note comes many years after many lawyers had highlighted the problem and after the government machinery had chuntered into action and passed the UK Modern Slavery Act 2015 with explanatory notes and non-statutory guidelines for corporations. Since 2012 there had been issued warnings about the way defence lawyers, the Crown Prosecution Service and the UK police were dealing with trafficking and the Criminal Cases Review (...) Commission as far back as 2012 had note the severe failings by defence solicitors, prosecution and police, leading to many appeals and potential miscarriages of justice. Even in 2012 there were 946 known human trafficking victims, including 234 children. There was an attempt at a Human Trafficking Bill in 2010 which came to a halt and several reports including one by the Prison Reform Trust and Cambridge University Press, notwithstanding many books by notable academics for many years before today. This article examines the inadequacies of the Law Society practice note on defending victims and the jumble of high-ideals but short-sighted and impractical parts of the UK Modern Slavery Act 2015. (shrink)
This essay proposes an approach to understanding changes in political responses to crime in England and Wales over the last third of the twentieth century and developments in criminological knowledge over the same period. To explore the association between these in some empirical detail, we argue, would provide a historical?sociological understanding that is currently lacking, notwithstanding Garland's significant intervention in The Culture of Control. We take issue with some aspects of Garland's account, on both methodological and substantive grounds, (...) and delineate certain distinctions between his ?history of the present? and the historically situated hermeneutics that we favour. The latter, we suggest, can be more attentive to particular political and intellectual struggles that have had a formative bearing on the current field and, as such, offer new perspectives on the position of crime and punishment in contemporary political culture. (shrink)
In this paper, I explore how viability, meaning the ability of the fetus to survive post-delivery, features in the law regulating abortion provision in England and Wales and the USA. I demonstrate that viability is formalized differently in the criminal law in England and Wales and the USA, such that it is quantified and defined differently. I consider how the law might be applied to the examples of artificial womb technology and anencephalic fetuses. I conclude that (...) there is incoherence in the meaning of viability and argue that it is thus a conceptually illegitimate basis on which to ground abortion regulation. This is both because of the fluidity of the concept and because how it has been thus far understood in the law is unsupported by medical realities. Furthermore, it has the effect of heavily diluting pregnant people’s rights with overly moralistic limitations on access to healthcare. (shrink)
This Article is made up of two parts. The first part reflects on the dominant functionalist approach to comparative consumer bankruptcy and suggests that this might be supplemented by a political economy analysis that addresses the role of national and international interest groups, including professionals, and ideology in understanding different national responses to overindebtedness in North America and Europe. The second part examines current reforms to consumer bankruptcy and responses to overindebtedness in the UK through this political economy lens and (...) concludes that competition among professional groups, the role and interests of the Insolvency Service, and the ideology of the Third Way in consumer policy will influence the ultimate structure adopted for addressing consumer insolvency. A study of the English experience suggests that there is also an element of national path dependency to consumer insolvency reform that may resist pressures towards convergence of approaches between countries in addressing issues of consumer insolvency. (shrink)
This article aims at exploring the theme ‘Living God, renew and transform us’ under the following headings: the living God and the gods of death, the desolation of atheism and the sun of righteousness, just law and the fullness of life. The author relates the ‘God of Life’ to a ‘theology embracing life’. He links the ‘gods of death’ to racism, capitalism and terrorism in which we ‘encounter a new religion of death’. He points out that Christianity is a religion (...) of joy in God and sets out to illustrate this with selected biblical texts. In the section ‘The desolation of atheism’, the author argues that modern atheism offers a ‘reduced life’. To make his point, he refers to his own personal experience and the theological ‘protest atheism’ which arose in the 19th century. The author concludes by stating that atheism offers nothing positive. In the final section, ‘The sun of righteousness, just law and the fullness of life’, the author addresses issues of justice. In referring to the Reformation doctrine on justification, the author states that the justification of victims requires confessio oris, rising up from humiliation and forgiveness. (shrink)
Originally published in 1933, this book presents an account regarding the development of teacher training in England and Wales during the nineteenth century. The text discusses both administrative measures and the development of techniques in teacher training in monitorial centres, colleges and universities. A detailed bibliography is included. This book will be of value to anyone with an interest in the history of education and the development of teacher training.
The decline in the number of legitimate live births in England and Wales from the peak in 1964 has been partitioned into components due to changes in fertility rates, components due to changes in the composition of the population exposed to risk, and an interaction component. Fertility rates specific for age of mother at birth of child, duration of marriage, parity and age of mother at marriage were considered but in all cases it was found that the decline (...) was not as great as the change in fertility rates implied. This was due to increases in the number of births due to changes in the composition of the population exposed to risk. (shrink)
Information on social and family aspects of marriage was obtained from a sample of over a thousand marriages solemnised in England and Wales in 1979. The data include the standard demographic variables concerning the couple and their marriage and also: the day of the week the marriage was celebrated; whether the fathers or relatives of similar surname to the spouses acted as witnesses; the patterns of name usage by brides; the numbers of forenames of the marriage partners and (...) their fathers; and the frequency of bridegrooms having one or more forenames in common with their fathers. The factors are analysed in terms of social class differences as well as in relation to the distance over which marriages range and other demographic characteristics of the partners and their marriage. (shrink)
This article explores how the law of England and Wales1 has responded thus far to medical and clinical advances that have enabled patients with prolonged disorders of consciousness to survive. The authors argue that, although the courts have taken account of much of the science, they are now lagging behind, with the result that some patients are being denied their legal rights under the Mental Capacity Act 2005. The article further argues that English law does not comply with the (...) United Kingdom’s commitments under the United Nations Convention on the Rights of Persons with Disabilities. Stressing the need for the law to keep in step with advances in science, the article concludes with robust recommendations for improvements, based on the latest research in neuroscience, to the way in which life-sustaining treatment decisions are made. This would mean that the wishes of patients, including those with covert awareness, can be better reflected in best interests assessments. (shrink)
American legal scholar MacKinnon held that using consent as the legal criterion to draw the line between rape and intercourse would evade the issue of male dominance in heterosexual relations. Feminist lawyers in the Netherlands and England and Wales translated the insight that rape has to do with inequality between the sexes in alternative definitions of rape. They also struggled to get these alternative definitions incorporated in law. However, in the Netherlands as well as in England and (...)Wales, feminist proposals to broaden the concept of coercion or non-consent to include submission met with serious obstacles from within the legal system. This article describes the process the feminist proposals to redefine coercion or non-consent in rape law went through in the Netherlands and in England and Wales. It tries to answer the following question: To what extent can the obstacles in this process of forming a broad definition of coercion be attributed to what MacKinnon called the inherent fallocentrism of law? (shrink)
Originally published in 1967.This book illustrates how, during the nineteenth century, the idea grew up that the provision of universal education was one of the functions of the state.
Zwar wurde den Nonkonformisten 1689 religiöse Toleranz zugesichert, doch wurden sie von den Universitäten in Oxford und Cambridge ausgeschlossen. Daher rührt die Bedeutung ihrer eigenen Akademien, von denen einige eine allgemeinere Form der höheren Bildung anboten, andere dagegen speziell die Kandidaten für geistliche Ämter unterichteten. Die Mehrheit der hier besprochenen Theologen waren akademische Lehrer.Die nonkormistischen Theologen schrieben über viele Themen. Abgesehen von der Bibel lasen sie kontinentaleuropäische Theologen, Puritaner und auch Locke. Was die Moralphilosophie angeht, waren sie sich bewußt, daß (...) sie ihre Aufmerksamkeit sowohl dem moralischen Gesetz als auch der göttlichen Offenbarung zu widmen hatten, und einige von ihnen bezogen geradezu fanatische Gegenpositionen zu Hobbes. Während manche von Zeit zu Zeit an das moralische Gefühl appellierten, zogen andere einen rationalen Intuitionismus vor. In den Schriften der meisten zeigt sich ein gewisser Eklektizismus. In der Praxis der liberaleren Theologen wurde die Ethik mehr und mehr von der Dogmatik geschieden, obwohl die Autoren Gott nie gänzlich aus ihren Gedanken verbannten. Demgegenüber bietet John Gill, Puritaner in Gedanken wie in der Methode, ein konservatives Gegenbeispiel und illustriert die Verzögerung auf intellektuellem Gebiet.Die Beiträge zur Moralphilosophie von Isaac Watts, Henry Grove, John Taylor, Thomas Amory, Samuel Bourn III, Richard Price und Thomas Belsham werden vorgestellt, und die Positionen dieser Autoren, ebenso wie die Position von Joseph Priestley, zur Freiheit - Freiheit und Notwendigkeit, Freiheit des Gewissens und Freiheit des Gottesdienstes - werden untersucht.Themen, die für eine weitere Diskussion fruchtbar wären, werden vorgestellt. Außerdem werden abschließend einige kurze Betrachtungen zu den Versuchen einiger heutiger Philosophen angestellt, den Graben zwischen Moralphilosophie und Theologie, der seit dem achtzehnten Jahrhundert immer größer wird, zu schließen..Zwar wurde den Nonkonformisten 1689 religiöse Toleranz zugesichert, doch wurden sie von den Universitäten in Oxford und Cambridge ausgeschlossen. Daher rührt die Bedeutung ihrer eigenen Akademien, von denen einige eine allgemeinere Form der höheren Bildung anboten, andere dagegen speziell die Kandidaten für geistliche Ämter unterichteten. Die Mehrheit der hier besprochenen Theologen waren akademische Lehrer.Die nonkormistischen Theologen schrieben über viele Themen. Abgesehen von der Bibel lasen sie kontinentaleuropäische Theologen, Puritaner und auch Locke. Was die Moralphilosophie angeht, waren sie sich bewußt, daß sie ihre Aufmerksamkeit sowohl dem moralischen Gesetz als auch der göttlichen Offenbarung zu widmen hatten, und einige von ihnen bezogen geradezu fanatische Gegenpositionen zu Hobbes. Während manche von Zeit zu Zeit an das moralische Gefühl appellierten, zogen andere einen rationalen Intuitionismus vor. In den Schriften der meisten zeigt sich ein gewisser Eklektizismus. In der Praxis der liberaleren Theologen wurde die Ethik mehr und mehr von der Dogmatik geschieden, obwohl die Autoren Gott nie gänzlich aus ihren Gedanken verbannten. Demgegenüber bietet John Gill, Puritaner in Gedanken wie in der Methode, ein konservatives Gegenbeispiel und illustriert die Verzögerung auf intellektuellem Gebiet.Die Beiträge zur Moralphilosophie von Isaac Watts, Henry Grove, John Taylor, Thomas Amory, Samuel Bourn III, Richard Price und Thomas Belsham werden vorgestellt, und die Positionen dieser Autoren, ebenso wie die Position von Joseph Priestley, zur Freiheit - Freiheit und Notwendigkeit, Freiheit des Gewissens und Freiheit des Gottesdienstes - werden untersucht.Themen, die für eine weitere Diskussion fruchtbar wären, werden vorgestellt. Außerdem werden abschließend einige kurze Betrachtungen zu den Versuchen einiger heutiger Philosophen angestellt, den Graben zwischen Moralphilosophie und Theologie, der seit dem achtzehnten Jahrhundert immer größer wird, zu schließen. (shrink)
Dr Noel Semple, Professor Russell Pearce and Professor Renee Knake combine to compare legal profession regulation in the US with that of the countries closest to it institutionally and culturally: Canada, Australia, New Zealand, the United Kingdom and Ireland. This enables them to develop an illuminating taxonomy of legal professional regulation, and to describe the assumptions and objectives underlying the different approaches to regulation. The US and Canada provide a 'professionalist-independent framework' that centres on 'a unified, hegemonic occupation of lawyer' (...) which promotes self-regulation, and the exclusion of non-lawyers from partnership and investment in law practices. By contrast, in other countries that they examine, 'consumerist-competitive approaches' predominate, opening up the profession to co-regulation with executive government and allowing for different forms of legal occupations and non-lawyer influence and investment in law practices. Of course, as they show, in some countries there are combinations and hybrids of these two approaches. Unlike Rhode, who endorses England and Wales' consumerist-competitive approach to regulation in the Legal Services Act 2007, Semple, Pearce and Knake consciously avoid stating a preference for one approach over the other. (shrink)
