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The Chief Constables of England and Wales

The socio-legal history of a criminal justice elite by

David S. Wall

Social Legal Studies Series

This book analytically examines the social and professional origins of one of the most powerful groups of society, the Chief constables of the police forces of England and Wales.

By examination the selection policies of police authorities during the past century and a half, it provides an explanation of the contrast that is found between the picture at yesterday's chief constable as an ex-military, tweed suit wearing friend of the local aristocracy and technocratic managerial image of the Chief Constables today.

Drawing upon the analysis of the careers of all Chief Constables know to have held office between 1835 and 1995, and supplemented by contemporary and recent literature this book illustrates the subtle interaction that was found between policies and policing at both local and national levels. At the centre of these findings is the observation that whilst they were once part of their respective local power elites, chief constables are now an elite group of their own right with direct links to central government.


From the Book

The Old Way

Driving a one morning with him to Shipley Lane end, a favourite 'meet', he said "How would the constableship of the county suit you"? He had held the appointment himself before succeeding to a fortune. "Nothing in the world", I replied "would suit me better". "Well" be continued, "I think that may be arranged Allgood has completely broken down and can't last long now" Sir Henry Smith, K.C.B., 1910: 82.


Review by Owen Kelly, Commissioner of Police City of London 1986 to 1993

As one who served 40 years in the police service and rose to ACPO rank during the period covered by this book, I do not suppose I could be classed as the average reader and therefore it may not be surprising that I found it an absorbing read. For instance, having in 1985 passed successfully through the unique selection process for appointment as Commissioner for the City of London Police, mentioned in the book, I can vouch for the accuracy of its description (although that, too, has been modified in recent years). Yet I believe that even those with only a passing knowledge of the police service will also find it full of interest. It is a well-written, well-researched account of the origins of those mostly doughty men (women did not emerge until comparatively recently) who provided management and leadership for the service from its earliest 19th century days up to 1995. True there were scandals, but mostly their record was good despite the sometimes haphazard selection procedures of those early years.

For those who research police history more generally it will be an invaluable tool in the way it provides meticulous references for every significant fact. Some of the authorís conclusions are thought provoking, particularly his assessment that the gradual evolvement of central government control over the selection process produces a type of clone (although he does not use that word) Chief Officer. Not that that is necessarily a bad thing. As he points out, it lessens the chance of the maverick or rogue appointment. The downside, again according to the author, is the risk of excluding the visionaries who are often catalysts for beneficial change. Personally, I am not sure he is right about that last point. But that is one of the attractions of this book. It stimulates thought on all these leadership/management issues on which we all usually believe ourselves expert.

For those of whatever degree of interest in UK policing, I recommend it as a book worthwhile having on your shelves.

The Book Preface

Gustave Flaubert once said that books are not made the same way that babies are, rather, they are made like pyramids. He went on to say that after some long pondered plan, great blocks of stone are placed upon each other through back-breaking, sweaty and time-consuming work. But to what purpose! it just stands there in the desert, yet towers over it prodigiously with the jackals urinating on the base and the bourgeois clambering up to the top (Barnes, 1984: 35-36).

This book is certainly the product of "some long pondered plan". It brings together "great blocks of stone" (data) from two studies that were carried out almost a decade apart. The first study was carried out under an ESRC research training award and the second was funded by the Nuffield Foundation. To both organisations, I am grateful as the first project enabled me to collect the bulk of the quantitative data and the second enabled me to collect the qualitative data and also more of the quantitative. I am also indebted to my colleagues in the Department of Law at the University of Leeds for giving me study leave during the first semester of 1997.

Along the way I have incurred many debts and here I acknowledge my creditors, or so to speak. The Police Staff College at Bramshill: former Commandant Barry Pain and former librarian Dennis Brett gave me access to the collections within the library. John Jones, Sue Adler and Joanne Ogilvy-Wright along with the current library staff also gave me extremely valuable assistance; Staff at the University of York: Tony Fowles (now Thames Valley University), Kathleen Jones, Jonathan Bradshaw, Doug Moncur and Rob Fletcher; Various former and serving Chief Constables: John Alderson, Sir Geoffrey Dear, Keith Hellawell, Lord Philip Knights, Richard Wells, Sir John Woodcock, plus a number whom I have not mentioned by name; Staff of the Public Records Office at Kew; Staff at City of York Archives and City of York Reference Library; Personnel and Training Unit of the Police Policy Directorate of the Home Office: Mel Hodgston.

My special thanks go to Gary Mason, editor, and Sean Howe, deputy editor, at the Police Review for giving me permission to reproduce the pictures that adorn the pages of this book, The Chief Constables of England and Wales

I am also very grateful to my colleagues in the Centre for Criminal Justice Studies, especially Clive Walker and Adam Crawford, and also to Steve Savage and Sarah Channan at the University of Portsmouth, Tim Newburn at Goldsmith's College, Les Johnston at the University of Teeside and Ken Russell, formerly of de Montfort University.

I also owe some intellectual debts which might not be immediately apparent from the text, but are nevertheless felt (in alphabetical order): Thomas Critchley, Clive Emsley, Peter Manning, the late Jane Morgan, Robert Reiner. At a personal level I must thank Helen, Harrison and Sophie for their support.

In the current spirit of quality assurance the manuscript was read by John Alderson, John Jones, Tim Newburn, Robert Reiner, Steve Savage, Martin Stallion, and Clive Walker. I am grateful to them for giving me their time and also the benefit of their collective wisdom which they expressed through their immensely constructive comments. Needless to say, any errors in this book are mine alone.

It is perhaps, appropriate to finish this preface by returning to Flaubert. Ignoring his comments about the Jackals and the bourgeois, I hope that my interpretation of Flaubert's analogy about sums up this book, although that is really for the reader to assess. My hope is that the reader will find this pyramid to be appropriately constructed and most importantly, that I've discovered the royal burial chamber. Mind you, I am quite sure that there is a bit more treasure, plus a few old skeletons, hidden away in some undetected secret passages still waiting to be discovered.

David S. Wall

Centre for Criminal Justice Studies

University of Leeds

May 1998



Crowds and Public Order Policing

Ibrahim Cerrah 1997

An Analysis of Crowds and Interpretations of their Behaviour Based on Observational Studies in Turkey, England and Wales

This book, which aims to analyse crowds and interpret their behaviour, is mainly based on observational studies in England and Wales and Turkey.

Between February 1992 - February 1995, observations were made of 33 crowd events. These took place in Turkey, England and Wales, and all of which involved a large police deployment. In addition, informal interviews were conducted in both countries, involving key figures in areas of police public order training and practice. Further, visits were made to training sites and public order units, to familiarise the author with public order policing in both countries. Finally, the author has attended three major public order courses organised for the senior officers of British police forces.

This book analyses the underlying assumptions contained within the existing theories in the field and attempts to adjudicate on the validity of both classical and modem contributions to the understanding of the field. Two hypothesis are considered, first: 'Crowd phenomena like other social issues cannot be examined within the boundaries of a single discipline'. This has led to development of a theory, the 'Combined Factors Approach' (CFA) which attempts to examine the behaviour of crowds using a multitude of factors.

The second hypothesis is 'In terms of exercising their function in so-called public order events, the police, far from being a neutral institution serve and protect the interest of its political masters and the ruling classes rather than serving the entire community'. Observations of existing public order policing practices suggests the validity of a radical and Marxist argument, that the police are an apparatus of the state and therefore of the ruling classes.

The book concludes that any public order policing, regardless of the political system it serves, will tend to be relatively paramilitary and oppressive. Civilian public order policing practices need to take account of an approach which appreciates a wide combination of levels of understanding as represented by the CFA. Finally, it is argued that the more public order policing policy reflects the potential level of understanding promoted by the CFA the less emphasis on paramilitary techniques will be deployed as tactics of last resort.

Owen Kelly

February, 2004



Are Persons Property?

Margaret Davies and Ngaire Naffine

Two of Australia's leading feminist legal theorists examine the relationship between persons and property and the concept of self-ownership in relation to current legal debates.What is the legal status of the dead body? What difference does pregnancy make to legal personality?Does a celebrity own their image.Can the human body in and its parts be regarded as a species of property or must human beings, whether dead or alive, whole or dismembered, always be regarded as persons?Is the foetus the property of the mother or a person in its own right?

This lucid and original book considers recent legal theory regarding personality and property as well as the historical development of these concepts and illustrates the continuing importance as foundational elements of the legal mind.

Contents

Series Preface vii

Acknowledgements††† ix

1 Persons as Property: Legal and Philosophical

 

Debates

1

2 From Dominium to `Thin Air': Concepts

 

of Property

23

3 The Nature of Legal Personality: Its History

 

and its Incidents

51

4 Sex, Reproduction and the Self-Proprietor

75

5 Personality and Property at the End of Life:

 

The Will and the Corpse

99

6 Intellectual Property in the Person

123

7 Owning the Building Blocks of Life

155

8 Persons Beyond Property?

181

Bibliography

187

Index

203

The objective of the Dartmouth Series in Applied Legal Philosophy is to publish work which adopts a theoretical approach to the study of particular areas or aspects of law or deals with general theories of law in a way which focuses on issues of practical moral and political concern in specific legal contexts.

In recent years there has been an encouraging tendency for legal philosophers to utilize detailed knowledge of the substance and practicalities of law and a noteworthy development in the theoretical sophistication of much legal research. The series seeks to encourage these trends and to make available studies in law which are both genuinely philosophical in approach and at the same time based on appropriate legal knowledge and directed towards issues in the criticism and reform of actual laws and legal systems.

The series will include studies of all the main areas of law, presented in a manner which relates to the concerns of specialist legal academics and practitioners. Each book makes an original contribution to an area of legal study while being comprehensible to those engaged in a wide variety of disciplines. Their legal content is principally Anglo-American, but a wide-ranging comparative approach is encouraged and authors are drawn from a variety of jurisdictions.

TOM D. CAMPBELL Series Editor The Faculty of Law The Australian National University



In Search of Transnational Policing Towards a sociology global policing

Author: James Sheptycki

ISBN:0-7546-2295-9

Publishers Ashgate Publishing Limited

Price:£45 RRP UK

Publication Date: Nov 2002

This book is from the Series, Advances in Criminology Series Editor: David Nelken

This series seeks to publish original cutting-edge contributions to the fields of criminology, criminal justice and penology. Volumes published so far include discussions of Foucault and 'governmentality'; critical criminology; victims and criminal justice; corporate crime; comparative criminology and women's prisons.

Transnational action against 'transnational organised crime' has become a key element in contemporary discussions about global governance. This book breaks new ground by exploring the transnational practices of police agencies, drawing on data from Europe and North America.It develops a theory of the sub-culture of transnational policing and asks criminological questions about 'global governance' by placing this theory about the occupations of policing within broader concerns about transformations in the transnational state system. As such, it contains material that will be of great value to lawyers, criminologists, politicians and sociologists alike.



Regulation

Author: Edited by Colin Scott

ISBN:0754621820

Publishers: Ashgate

Price £195 RRP UK HB

Publication Date: February 2003


Description

Legal scholarship is concerned with distinctive issues and problems of regulatory governance. This volume draws together writings on regulation which problematize law in regulatory settings and which introduce problems of regulatory law to legal theory. The main themes addressed are: the character of regulatory law; legal theories of state and market; regulatory rules; organizations and institutional variety; accounting for regulation.

Part of Authorís Introduction

In assembling this collection I have endeavoured to identify key journal essays which seek to reconceptualize or problematize law in regulatory settings. The scholarly literature defines regulation in different ways for different purposes. Lawyers have tended towards a definition which emphasizes sustained oversight by reference to rules, whereas scholars in other disciplines have extended the set of activities covered by the term to include all interventions by government to steer the economy and, the broadest of definitions, all mechanisms of social control (cf. Black, 2001a; Daintith, 1997, pp. 3-5). The interest in this volume in concepts of law in regulation has led me to adopt the narrow definition generally, but with some reference both to other forms of government intervention and other forms of social control.

Scholarship among regulation specialists remains a growth industry with important contributions from disciplines as diverse as economics, political science, sociology, law, anthropology and management studies (Noll, 1985). The diversity of the literature is sometimes masked by the relative success of economic theories of regulation which focus on market-like behaviour of politicians, bureaucrats and businesses. The economic approach is well represented in a number of standard texts in regulation (Baldwin and Cave, 1999; Ogus, 1994). A number of the central themes of investigation for economic theories, such as the normative basis for regulation and deregulation (Keeler and Foreman, 1998), have yielded little new understanding of law, nor have they been much influenced by legal research. From the perspective of this volume, economic theories of regulation are significant to the extent that they generate or elaborate distinctive conceptions of law. I suggest that these theories tend to share with `public interest theory' an instrumental conception of law as a neutral technology for implementing policy choices. Consequently, they have contributed less than might have been anticipated to a project of rethinking law to meet the challenges of a regulatory age. Accordingly, alternative theories which place regulatory law at their centre have considerable prominence in this volume.

Contents
The Character of Regulatory Law:
Edward L. Rubin (1991) The Concept of Law and the New Public Law Scholarship;
Gunther Teubner (1984) After Legal Instrumentalism? Strategic Models of Post-Regulatory Law';
Boaventura de Sousa Santos (1985) On Modes of Production of Law and Social Power.
Legal Theories of State and Market:
Douglass C. North and Barry R. Weingast (1989) Constitutions and Commitment: The Evolution of Institutions Governing Public Choice in Seventeenth-Century England;
P.P. Craig (1991) Constitutions, Property and Regulation;
Tony Prosser (2000) Public Service Law: Privatization's Unexpected Offspring;
Wernhard MŲschel (2001) The Proper Scope of Government Viewed from an Ordoliberal Perspective: The Example of Competition Policy.
Regulatory Rules:
J.M. Black (1995) "Which Arrow?": Rule Type and Regulatory Policy;
Robert Baldwin and Keith Hawkins (1984) Discretionary Justice: Davis Reconsidered;
John Braithwaite and Valerie Braithwaite (1995) The Politics of Legalism: Rules Versus Standards in Nursing-Home Regulation;
Julia Black (1998) Talking About Regulation.
Organizations and Institutional Variety:
Jonathan R. Macey (1992) Separated Powers and Positive Political Theory: The Tug of War Over Administrative Agencies;
Karen Yeung (1999) Quantifying Regulatory Penalties: Australian Competition Law Penalties in Perspective;
Christine Parker (2000) Reinventing Regulation within the Corporation: Compliance -Oriented Regulatory Innovation;
Carol A. Heimer (1996) Explaining Variation in the Impact of Law: Organizations, Institutions and Professions;
Peter Vincent-Jones (1999) The Regulation of Contractualization in Quasi-Markets for Public Services;
Erich Schanze (1995) Hare and Hedgehog Revisited: The Regulation of Markets That Have Escaped Regulated Markets.
Accounting for Regulation:
David Schneiderman (2001) Constitutional Approaches to Privatization: An Inquiry into the Magnitude of Neo-Liberal Constitutionalism;
Name Index.


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