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 author’s 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
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
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.
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.Part of Author’s
Introduction
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 Möschel (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.
LINKS
·
"Internet Law book Reviews" Copyright Rob Jerrard 2007