The Future of Preventive Wars: The Case of Iraq

Eight years have past since the devastating September 11 attacks, and the USA has engaged in two wars in the name of uprooting global ‘terrorism’ and providing security to American citizens. The Bush administration bequeathed a legacy of two ongoing wars and growing threats emerging from ‘terrorist’ acts. This article analyses the future of the preventive war doctrine, formulated by the Bush administration, under international law. The article thus explores whether the preventive war doctrine has the potential to set a customary precedence, or whether it merely constitutes a breach of international law.

The Right to Self-Defence in National and International Law: The Role of the Imminence Requirement

This article explores the doctrine of self-defence within the context of the challenges directed at the imminence requirement, from the perspective of both national and international law. The article will attempt to illustrate that the requirement of imminence underlines the political character of the self-defence doctrine wherein private force may only be resorted to in the absence of institutional protection. This study will argue that the imminence rule can not merely be regarded as a "proxy" for establishing necessity; rather, the elements of imminence, necessity, and proportionality are inextricably connected to ensure that defensive force is only resorted to when national or international authorities are not in a position to prevent an illegal aggression, and that the defensive lethal force is not abused.

Crossing borders through cyberspace: a discussion of a social work education electronic exchange pilot project across the Atlantic

This article discusses a trial electronic exchange project developed between social work education departments in the Republic of Ireland and the USA. It outlines the contemporary significance and challenges of integrating global content into national social work curricula, which are often strongly tied to statutory or accreditation requirements. The mechanics of the exchange are explained and critiqued in detail. An illustrative example of how the transnational students discussed two questions is analyzed. The article finds that an international electronic exchange has great potential to make global social work real to students by allowing them to cross borders through cyberspace, however it requires careful planning and attention to cultural and educational system differences.

Enforcing Member State Compliance with EU Environmental Law: A Critical Evaulation of the Use of Financial Penalties

The 1993 Treaty on European Union finally closed a legal vacuum in
EU law, by giving the Court the power to impose financial penalties to
enforce compliance with its judgments. Today, this power is found
within Article 260(2) of the Treaty on the Functioning of the
European Union. Drawing upon case law, this article examines the
role that the Court’s enforcement powers have played in relation to
EU environmental law. It argues that EU law has yet to make full use
of their potential. The article commences with the Commission and
questions whether it has sufficient resources to carry out its functions
under Article 260(2). The article also examines the ongoing problem of
Member State delay in complying with Court judgments and the
weight given to environmental considerations in the Court’s decision
making on financial penalties. The article concludes by examining the
implications of the Lisbon Treaty.

On the Problems of Mixing RCTs with Qualitative Research: The Case of the MRC Framework for the Evaluation of Complex Healthcare Interventions

In the perceived hierarchy of research designs, the results from randomized controlled trials are considered to provide the highest level of evidence. Indeed these trials have been upheld as the gold standard in research. The benefits and limitations of the randomized controlled trial as a method of evaluating the effectiveness of healthcare interventions are presented. The article then examines the different levels of complexity within healthcare interventions and the problems this poses in determining effectiveness. In an effort to provide a solution to this problem, the Medical Research Council produced a framework to assist investigators to develop and evaluate complex healthcare interventions. The framework is described with reference to an example of implementing and evaluating protocols for weaning patients in the intensive care unit. The framework is critiqued on the basis that it involves an ambiguous or contradictory ontology, which fails to articulate the relationship between the positivism of randomized controlled trials with the relativism of qualitative approaches. It is concluded that the use of realist strategies in combination with randomized controlled trials provides the most coherent solution to this quandary

Sticks, Stones and Words: Emotional Harm and the English Criminal Law

This article discusses the rule that criminal liability does not normally attach for the causing of emotional harm or mental distress in the absence of proof of a 'recognised psychiatric injury'. It considers what is involved in the diagnosis of psychiatric injury, and to what extent the difference between such injury and 'ordinary' mental distress is one of degree rather than one of kind. It reviews the situations in which the law already criminalises the infliction of emotional harm without proof of psychiatric injury, and assesses the policy arguments for drawing the distinction in the normal case. The article concludes that the law can and should adopt a more flexible approach to cases of this sort.

A cognitive Approach to Moral Responsibility: the case of a failed attempt to kill

Many theoretical claims about the folk concept of moral responsibility coming from the current literature are indeterminate because researchers do not clearly specify the folk concept of moral responsibility in question. The article pursues a cognitive approach to folk concepts that pays special attention to this indeterminacy problem. After addressing the problem, the article provides evidence on folk attributions of moral responsibility in the case a failed attempt to kill that goes against a specific claim coming from the current literature—that the dimension of causation is part of the structure of the folk concept of moral responsibility.

Taking the Next Step? Achieving another Bill of Rights

The aim of this article is to explore the recent Bill of Rights debate in the UK. This is deliberately located in the UK’s complex ‘national question’ because of the obsessive focus on achieving a proper grounding for human rights. A new form of national human rights protectionism appears to be emerging and merits careful consideration. The article suggests that it is better to acknowledge and accept the existence of a plurality of nationalisms in the UK in these discussions and understand how an essentially ‘British nationalist’ discourse sounds and works in that overall context. The concern is that the Bill of Rights debate is becoming an inadequate surrogate for the more challenging constitutional conversations that are required, and human rights discourse thus invested with expectations of national renewal that it can never meet and does not have the internal resources to resolve. If the process does go forward it may be better to prepare the ground for a deeper and wider constitutional dialogue across these islands than stumble clumsily and divisively into this territory simply via ‘another’ UK Bill of Rights.

Security governance in transition: The compartmentalising, crowding out and corralling of policing and security in Northern Ireland

The article suggests that while the report of the Independent Commission on Policing (ICP) provides a police reform blueprint for Northern Ireland and elsewhere, it can also be seen as an attempt to engage more elliptically with contemporary debates in security governance vis-a-vis the increasingly fragmented nature of late-modern policing and the role of the state. A decade into the reform process in Northern Ireland and in spite of the networked approach postulated by the ICP, the public police continue to enjoy a pre-eminent place and little evidence exists of any significant weakening of state steering and rowing of security. The discussion proposes a tentative typology explaining the continued colonization of security spaces by the State using constituent attendant processes of compartmentalizing, crowding out and corralling.

Managing Risk: From Regulation to the Reintegration of Sexual Offenders

In the last number of years the management of the dangerous in the community, particularly sex offenders, has generated enormous concern. This concern has been reflected at a number of different levels - in media and popular responses to the risk posed by released sex offenders in the community and in official discourses where an abundance of legislation and policy reforms have been enacted within a relatively short period of time. This analysis seeks to critically evaluate these developments within the context of contemporary criminal justice policy and practice in relation to the management of sex offenders in the community. The article analyses the contemporary focus on risk management or preventative governance which underpins the current regulatory framework and has been reflected in both the sentencing options and in control in the community initiatives for sex offenders. In this respect, the article highlights the gap between policy and practice in terms of the effective risk management of sex offenders. Given the failure of the traditional justice system with respect to these types of offences, it will be argued that the retributive framework could usefully be supplemented by the theory and practice of reintegrative or restorative community justice, and public education in particular, in order to better manage the risk presented by sex offenders in the community.

Popular Writers: Women Historians, the Academic Community and National History Writing

The research for this paper formed part of the European Science Foundation project on Representations of the Past: The Writing of National Histories in Europe. Using data generated by the project, the article traces the emergence of professional academic women historians in twentieth-century European universities. It argues that the marginalisation of women historians in academia until the 1980s led women history graduates to develop research-based careers outside the university. In particular, the ambiguous attitude of academic historians towards popular history writing opened up a space for the woman author. The article analyses the careers and writings of five historians who pursued very successful careers as authors of popular history in England, France, Ireland and Scotland. They were among the first 'public' historians.

Tails of animal attraction: Incorporating the feline into the family

Increased urbanization and female employment have led to the cat overtaking the dog as the companion animal of preference. However, thisarticle looks beyond lifestyle changes as reasons for the popularity of the cat. The article explores the emotional consumer-socialization processinvolving the incorporation of the cat into the family. Subjective personal introspection (SPI) and supporting vignettes of female humans in theirfamilies (all of which were high-involvement owners) explore the hows and whys of feline incorporation. The study identifies several categories ofincorporation. The findings suggest that this complex process involves many factors — namely, consumer socialization, intergenerationalinfluence, brand loyalty, commitment, near-instant loyalty, immediacy, distress, anthropomorphism, and nostalgia. These factors underpin theintimacy and care the human–feline relationship expresses. The ability for humans and cats to bond in a way that fosters emotional intimacy canbe considered one of the purest forms of relationships.© 2007 Published by Elsevier Inc.

Contemporary Radio Art and Spatial Politics: The Critical Radio Utopias of Anna Friz

The article explores the work of the Canadian sound artist Anna Friz over the last decade. Her work deals explicitly with issues of technology and the relative absence of women's voices on radio. Exploring her work as a composer, installation artist, instrumentalist, performance artist and storyteller, and contextualising these practices within feminist critiques and radio conventions, the article explores Friz's ‘self-reflexive radio’. Ideas of ‘supermodernity’, ‘displacement’ and ‘critical utopia’ are deployed to discuss specific pieces of Friz's work in relation to identity and space. The article argues that Friz reconfigures the radio as a site of resistance to dominant constructions of contemporary globalised space and cultures, the politics of informational capitalism and the uneven flows that these cultures and politics engender.

Impure Thinking Practices and Clinical Acts: The Sonorous Becomings of Heidi Fast

This article introduces the recent sound works of Heidi Fast, a Finnish voice and performance artist. Fast’s creative practice operates between art and philosophy, and articulates several ‘zones of becoming’: what Fast designates as ‘the clinical’, ‘the virtual’ and ‘vocal thought-material’. Using a methodology of routing, the article shows how these zones emerge as aesthetic, ethical and political concerns within Fast’s work. Since 2005, Fast’s sound works have variously taken shape as miniature concerts, social sculptures, imaginary soundscapes and environmental music performances. Drawing upon the writings of theorists who have helped shape her practice, this article argues that Fast uses sound and voice to propose an ‘actualising philosophy’. This philosophy actualises virtualities (unrealised potentials), affecting transformative shifts through tiny mutations in perceptions and behaviours.

A Human Rights Perspective on Citizen Participation in the EU's Governance of New Technologies

This article considers the EU’s approach to citizen participation in the governance of new technologies from a human rights perspective. Noting that there is a dearth of insight on the interplay between citizen participation and human rights, the article sketches the essence of its own human rights perspective as being about empowerment. This perspective is brought to bear on EU discourse on citizen participation in the governance of new technologies. Analysis of the discourse—comprising law, citizen participation in EU governance and citizen/science relations, the ‘public understanding of science and technology’, risk and bioethics—reveals a disempowering ‘deficit model’ of citizens in need of education through their participation in governance. The analysis thus suggests that citizen participation in EU governance of new technologies is not truly informed by human rights, but is instead used as a legitimating technique.