Decision-making in magistrates' courts: law, procedure and construction of conviction

Abstract available: p.iv

International lease accounting reform and economic consequences: the views of UK users and preparers

In response to perceived difficulties with extant lease-accounting standards in operation worldwide, the G4+1 issued a discussion paper which proposes that all leases should be recognized on the balance sheet [ASB (1999). Leases: Implementation of a new approach, discussion paper. London: Accounting Standards Board]. Leasing is now on the active agenda of the IASB. A major difficulty faced by standard setters lies in overcoming the preparer/user lobbying imbalance and obtaining ex ante evidence on the likely impact of regulatory reform. This paper contributes to the ongoing international debate by conducting a questionnaire survey of U.K. users and preparers to assess their views on proposals for lease-accounting reform and on the potential economic consequences of their adoption. The results, based on 132 responses, indicate that both groups accept that there are deficiencies in the current rules, but they do not agree on the way forward and believe that the proposals would lead to significant economic consequences for key parties. The impact on respondents' views of familiarity with the proposals, level of lease usage, and company size, is also examined

The Private Life of Environmental Treaties

The gravitational pull of environmental treaties is felt not only by states. Yet international lawyers almost exclusively focus on states to explain treaty compliance, measure treaty implementation, and assess treaty effectiveness. This essay draws attention to a phenomenon that falls outside traditional boundaries of treaty analysis: the efforts of private corporations that aim at complying with environmental treaties. Existing models of treaty implementation are inadequate to explain these direct interactions between corporations and treaties. The dominant grammar of treaty “compliance” equally fails to fit. Using a little-studied example - the UNESCO World Heritage Convention - this essay highlights the phenomenon of corporations’ aspiring to conform their behavior to environmental treaty requirements

Sentencing as craftwork and the binary epistemologies of the discretionary decision process

This article contends that it is time to take a critical look at a series of binary categories which have dominated the scholarly and reform epistemologies of the sentencing decision process. These binaries are: rules versus discretion; reason versus emotion; offence versus offender; normative principles versus incoherence; aggravating versus mitigating factors; and aggregate/tariff consistency versus individualized sentencing. These binaries underpin both the 'legal-rational' tradition (by which I mean a view of discretion as inherently suspect, a preference for the use of philosophy of punishment justifications and an explanation of the decision process through factors or variables), and also the more recent rise of the 'new penology'. Both approaches tend to rely on 'top-down' assumptions of change, which pay limited attention to the agency of penal workers. The article seeks to develop a conception of sentencing craftwork as a social and interpretive process.1 In so doing, it applies and develops a number of Kritzer's observations (in this issue) about craftwork to sentencing. These craftwork observations are: problem solving (applied to the rules - discretion and reason - emotion dichotomies); skills and techniques (normative penal principles and the use of cognitive analytical assumptions); consistency (tariff versus individualized sentencing); clientele (applied to account giving and the reality of decision making versus expression). By conceiving of sentencing as craftwork, the binary epistemologies of the sentencing decision process, which have dominated (and limited) the scholarly and policy sentencing imaginations, are revealed as dynamic, contingent, and synergistic. However, this is not to say that such binaries are no more than empty rhetoric concealing the reality of the decision process. Rather, these binaries serve as crucial legitimating reference points in the vocabulary of sentencing account giving

Exploring the dynamics of compliance with community penalties

In this paper, we examine how compliance with community penalties has been theorized hitherto and seek to develop a new dynamic model of compliance with community penalties. This new model is developed by exploring some of the interfaces between existing criminological and socio-legal work on compliance. The first part of the paper examines the possible definitions and dimensions of compliance with community supervision. Secondly, we examine existing work on explanations of compliance with community penalties, supplementing this by drawing on recent socio-legal scholarship on private individuals’ compliance with tax regimes. In the third part of the paper, we propose a dynamic model of compliance, based on the integration of these two related analyses. Finally, we consider some of the implications of our model for policy and practice concerning community penalties, suggesting the need to move beyond approaches which, we argue, suffer from compliance myopia; that is, a short-sighted and narrowly focused view of the issues

Imagining new feminist futures:How feminist social movements contest the neoliberalization of feminism in an increasingly corporate‐dominated world

Increasingly it is argued that feminism has been co‐opted by neoliberal agendas: becoming more individualistic and losing touch with its wider social change objectives. The neoliberalization of feminism is driven in part by increased corporate power, including the growing role of corporations in governance arenas, and corporate social responsibility agendas. However, we turn to social movement theory to elucidate strategies that social movements, including feminist social movements, are adopting in such spaces. In so doing, we find that feminist activists are engaging with new political opportunities, mobilizing structures and strategic framing processes that emerge in the context of increasingly neoliberal and privatized governance systems. We suggest that despite the significant challenges to their agendas, far from being co‐opted by neoliberalism, feminist social movements remain robust, existing alongside and developing new strategies to contest the neoliberalization of feminism in a variety of innovative ways

Environmental harm and environmental victims: scoping out a ‘green victimology'

In this paper I intend to discuss the adaptability of victimological study to the question of ‘environmental victimisation’. The impact on those affected by environment crime, or other environmentally damaging activities, is one that has received scarce attention in the mainstream victimological literature (see Williams, 1996). The role or position of such victims in criminal justice and/or other processes has likewise rarely been topic of academic debate. I have recently expanded upon various aspects of this subject and surrounding issues at greater length (Hall, 2013) but for the purposes of this article I wish to expand specifically on what a so-called ‘green victimology’ might look like, together with some of the particular questions and challenges it will face

Re-evaluating post-conviction disclosure: A case for ‘better late than never’

This article contends that the legal position regarding the scope of post-conviction disclosure duties ought to be revisited. First, it will discuss the leading Supreme Court case on this issue Nunn v Chief Constable of Suffolk Police and will argue that the decision warrants reconsideration as it is grounded in flawed assumptions that cannot be sustained. Second, it will make the case for strengthening the rights of defendants to access material post-trial, particularly in a climate of austerity where more defendants are relying on university projects and other charitable organisations to assist them in appealing against their conviction. Third, the article will suggest that consideration is given to proposals in an ‘Open Justice Charter’ to promote fairness and transparency in the criminal justice system and, furthermore, will suggest that an independent disclosure agency ought to be established to deal with criminal disclosure issues pre and post-trial