Speaking with different voices: the problems with English law and psychiatric injury

Private law courts in the UK have maintained the de minimis threshold as a condition precedent for a successful claim for the infliction of mental harm. This de minimis threshold necessitates the presence of a ‘recognised psychiatric illness’ as opposed to ‘mere emotion’. This standard has also been adopted by the criminal law courts when reading the Offences Against the Person Act 1861 to include non-physical injury. In determining the cut-off point between psychiatric injury and mere emotion, the courts have adopted a generally passive acceptance of expert testimony and the guidelines used by mental health professionals to make diagnoses. Yet these guidelines were developed for use in a clinical setting, not a legal one. This article examines the difficulty inherent in utilising the ‘dimensional’ diagnostic criteria used by mental health professionals to answer ‘categorical’ legal questions. This is of particular concern following publication of the new diagnostic manual, DSM-V in 2013, which will further exacerbate concerns about compatibility. It is argued that a new set of diagnostic guidelines, tailored specifically for use in a legal context, is now a necessity.

Default Invariance: Naïve Category of Law and Finance

Default invariance is the idea that default does not change at any scale of law and finance. Default is a conserved quantity in a universe where fundamental principles of law and finance operate. It exists at the micro-level as part of the fundamental structure of every financial transaction, and at the macro- level, as a fixed critical point within the relatively stable phases of the law and finance cycle. A key point is that default is equivalent to maximizing uncertainty at the micro-level and at the macro-level, is equivalent to the phase transition where unbearable fluctuations occur in all forms of risk transformation, including maturity, liquidity and credit. As such, default invariance is the glue that links the micro and macro structures of law and finance. In this essay, we apply naïve category theory (NCT), a type of mapping logic, to these types of phenomena. The purpose of using NCT is to introduce a rigorous (but simple) mathematical methodology to law and finance discourse and to show that these types of structural considerations are of prime practical importance and significance to law and finance practitioners. These mappings imply a number of novel areas of investigation. From the micro- structure, three macro-approximations are implied. These approximations form the core analytical framework which we will use to examine the phenomena and hypothesize rules governing law and finance. Our observations from these approximations are grouped into five findings. While the entirety of the five findings can be encapsulated by the three approximations, since the intended audience of this paper is the non-specialist in law, finance and category theory, for ease of access we will illustrate the use of the mappings with relatively common concepts drawn from law and finance, focusing especially on financial contracts, derivatives, Shadow Banking, credit rating agencies and credit crises.

'I am not an Honourable Lady': gender and language in the National Assembly for Wales

Women have been historically underrepresented in political institutions and it has been claimed that it is difficult for women to succeed in the masculinist cultures that exist in political contexts. The ‘new’ devolved institutions of the UK offer opportunities to investigate gender inequality in political contexts which have a greater proportion of women members; that have included women from their inception; and that have been designed with egalitarian issues to the fore. Here, ethnographic and discourse analytic data is used to assess a senior woman’s performance in the National Assembly for Wales; to explore politicians’ appraisal of this performance; and to analyse the breakdown of the debate floor in terms of ‘rule-breaking’ activities such as barracking. In this Community of Practice the individual’s performance draws upon communicative styles that are both stereotypically masculine (adversarial) and feminine (consensual), which can be viewed as an indication of the speaker’s competence. However, this is undermined by the speaker’s failure to adopt the correct linguistic practices for this CoP which leads to the breakdown of the formal debate discourse. Assembly Members appraise this failure negatively while also drawing upon stereotypical notions of gendered communicative norms and wider discourses of gender differentiation.

An ethnographic investigation into gender and language in the Northern Ireland Assembly

This paper investigates the extent to which the negative evaluation of one of the women Ministers in the Northern Ireland Assembly can be attributed to gender. Interviews with politicians as well as the Minister herself illuminate this discussion by identifying the ‘gendered discourses’ that are drawn upon when describing the Minister’s communicative style in debates. Close analyses of transcripts of debates offer a description of some elements of this style, and find that while the Minister is confrontational in debates and ‘stands her ground’, she does not take part in illegal interventions that disrupt the debate floor and are characteristic of the Assembly as a whole. Although the construction of the Minister’s unpopularity can be attributed to a complex interplay of factors, it can be concluded that it is partly the way she draws on gendered linguistic resources that leads her to be negatively judged by her peers.

Gender, Power and Political Speech: Women and Language in the 2015 UK General Election

Gender, Power and Political Speech explores the influence of gender on political speech by analyzing the performances of three female party leaders who took part in televised debates during the 2015 UK General Election campaign. The analysis considers similarities and differences between the women and their male colleagues, as well as between the women themselves; it also discusses the way gender - and its relationship to language - was taken up as an issue in media coverage of the campaign.

Risk and benefits in lifestyle sports: parkour, law and social value

This paper examines the interrelationship between law and lifestyle sports, viewed through the lens of parkour. We argue that the literature relating to legal approaches to lifestyle sport is currently underdeveloped and so seek to partially fill this lacuna. Hitherto, we argue, the law has been viewed as a largely negative presence, seen particularly in terms of the ways in which counter-cultural activities are policed and regulated, and where such activities are viewed as transgressive or undesirable. We argue that this is a somewhat unsophisticated take on how the law can operate, with law constructed as an outcome of constraints to behaviour (where the law authorises or prohibits), distinct from the legal contexts, environments and spaces in which these relationships occur. We argue that the distinctive settings in which lifestyle sports are practiced needs a more fine-grained analysis as they are settings which bear, and bring to life, laws and regulations that shape how space is to be experienced. We examine specifically the interrelationship between risk and benefit and how the law recognises issues of social utility or value, particularly within the context of lifestyle sport. We seek to move from user-centred constructions of law as an imposition, to a more nuanced position that looks at parkour at the intersections of law, space and lifestyle sport, in order to reveal how law can be used to support and extend claims to space.

Complete Public Law Text, Cases and Materials, 3rd edition

Complete Public Law: Text, Cases, and Materials combines extracts from key primary and secondary materials with clear explanatory text to provide a complete resource for students of constitutional and administrative law. Clear, concise explanation of key legal principles is combined with a wide range of extracts, from statutes, case law and academic materials to provide a complete resource for students The authors use straightforward and uncomplicated language to ensure legal concepts and the complexities of the British constitution are easily understood Learning features such as thinking points, diagrams, useful notes, summary points and reflective questions provide valuable support for students and encourage them to engage with the subject A helpful 'case study' chapter on human rights, terrorism and the courts illustrates how the Human Rights Act has been used in practice across the legal system, providing extra insight into the importance of both human rights law and the process of judicial review The 'Judicial review: putting it all together in problem answers' chapter pulls together strands from previous chapters to provide a checklist of issues to be considered in order to diagnose a judicial review problem and advise a client