Exploring the relationship between sentencing and the legitimacy of trial justice

This paper argues that recent sustained criticism of judicial sentencing in England and Wales reflects a much deeper malaise afflicting the legitimacy of punishment in the late post-modern era. It suggests that this phenomenon not only threatens the liberal-consensus view of the judiciary as pivotal to the rule of law, but also undermines the rationality which underpins conventional paradigms of criminal justice more generally. The paper goes on to argue that there are important lessons to be learned from engaging with the debates about punishment and sentencing which are taking place on the international stage, suggesting that the crisis in domestic sentencing is really symptomatic of a more fundamental crisis in penal legitimacy affecting the whole of civil society; one that touches upon the role of punishment in the governance of so-called democratic states. The paper concludes that the time may have come to modify the predominant neo-liberal paradigm prevalent in western democracies by developing notions of punishment and sentencing as relational contexts which provide meaningful links between trial outcomes and aspirations for justice.     

Accountability: Is Westminster the Problem?

The outcome of the Symposium reported in AJPA 58(1) is said by the convenors to be that there are many different kinds of accountability and that there may be clashes between them. This paper suggests one possible reason is that the Westminster label hides the potential tensions between the increasing demands for accountability, more responsiveness and responsibility, the new public management and the institutional framework. Everyone wishes to cover perceived unmet demands and expectations, providing we remain with basic Westminster as our starting point. The paper suggests that commitment to what we call Westminster is the problem. It restricts understanding of the reality of Australian governance because it is not an uncontested term. Westminster is made to mean whatever the normative stance of the commentator requires. The paper argues that it is an opportune time to answer some basic questions about responsible parliamentary democracy in Australia.     

Situating tenure,capital and finance in farmland relations: implications for stewardship and agroecological health in Ontario,Canada

Farmers in Canada are older and more capitalized than ever before. Meanwhile, farmland values continue to rise. These forces together are generating unprecedented shifts in farmland relations, marked by increasing reliance on rental tenure and the rise of hybrid owner–renter consolidating farmers. This paper explores these dynamics in Ontario and asks how they are impacting on-farm agroecological stewardship. To do so, we begin with a review of the land and property relations literature as well as farmland and agricultural change in Ontario. We then briefly review agroecological issues and concepts that are important for linking on-farm agroecological health to aformentioned farmland and agricultural changes. From here, we use survey, interview and soil sample data collected from grain farmers across Ontario to elucidate relatively new shifts in land tenure and use dynamics. We argue that this complex set of forces is interacting to produce an appealing set of conditions for financial investors, while restricting access to farmland for less-capitalized farmers. We then show how these shifts are divesting capital and attention from agroecological health. We conclude with a reflection on how the state has been mediating and contributing to these dynamics, and urgently call for land policy that prioritizes social and ecological principals.     

Psychopathology and world politics

The relationship between psychopathology and world politics can be considered firstly from the world politics perspective. This means examining the dysfunctional forms of human behaviour manifest there—both individual and collective/communal. It means examining how such behaviour can be described and explained in psychiatric or psychological/psychoanalytical terms. The relationship between psychopathology and world politics can also be considered from the psychopathology perspective. This means examining some of the key psychopathological concepts that are of relevance to world affairs. It means examining paranoia or narcissism, for example, and the way understanding syndromes like these helps further our understanding of world affairs.     

Promoting democracy in Latin America: foreign policy change and US democracy assistance, 1975–2010

Since the Cold War the USA has articulated and implemented explicit strategies of democracy promotion. One interesting target of such efforts is Latin America, in part because of the region’s geographic proximity to the USA and of the mixed record of US support for democracy there. This paper examines the impact of the end of the Cold War and the 9/11 episode on the nature, purposes, targets and consequences of US democracy assistance to Latin America. Examining democracy aid allocations, social and political factors and other variables, it traces changes in aid strategies, purposes and recipients generated by these paradigm shifts, and assesses the impact of such assistance on the politics of the region. It concludes with implications of these findings for US democracy promotion policies.     

Poetic Justice

This note examines the decision of the Court of Appeal in Tabernacle v Secretary of State for Defence (2009). The court held that byelaws prohibiting camping on Ministry of Defence land adjacent to the Atomic Weapons Establishment at Aldermaston, Berkshire violated the human rights of women peace protestors under Articles 10 and 11 European Convention on Human Rights. The note argues that this decision calls into question arguments recently made, that the association of women with peace should be abandoned. It also reveals the potential of law to facilitate the performative and transformative production of subject positions, as ‘woman’, which do not depend on or connect with debilitating patriarchal constructions of women as weak or vulnerable.     

Message effects on the perceptions of the fairness of gender-based affirmative action: A cognitive response theory-based analysis

The controversy surrounding the implementation of affirmative action interventions in organizations underscores the importance of understanding fairness perceptions of such policies. There is a need for research on the variables which influence evaluations of affirmative action policies and on whether the content of organizational communications can alter these evaluations. The present study was designed to investigate the effects of proaffirmative action and antiaffirmative action communications on fairness evaluations. Cognitive response theory was used as a framework for predicting reactions to pro- and antipreferential treatment messages and subsequent fairness perceptions. While the results indicated that cognitive responses added to the prediction of fairness judgments, initial attitude, and message content also had strong effects on the fairness judgments.