"INTERNET LAW BOOK REVIEWS", Provided by Rob Jerrard LLB LLM (London)

Ashgate Publishing/Gower Publishing. Books Reviewed in 2011

Copyright Rob Jerrard

All books for review should be forwarded to Rob Jerrard Please


International Human Rights Law
Six Decades after the UDHR and Beyond
Edition: 1st
Format: Hardback
Author: Edited by Mashood Baderin, SOAS, University of London, UK and Manisuli Ssenyonjo, Brunel University, UK
ISBN: 978-1-4094-0359-3
Publishers: Imprint: Ashgate
Price: 75
Publication Date: Nov 2010
 

Publisher's Title Information
 
This timely and valuable book explores the development of international human rights law over the last six decades. The volume brings together leading experts to reflect on different aspects of human rights law, not only considering and evaluating the developments so far, but also identifying relevant problems and proposing relevant possible perspectives for the continued positive future development of human rights law. The book is international in perspective, both in scope and context, and covers developments in the international protection of human rights since the adoption of the UDHR in 1948. The developments considered include the United Nations system of protecting human rights as well as regional human rights systems in Africa, America and Europe. It also considers some key themes relevant to human rights including globalisation, protecting human rights in emergency situations and trade sanctions, the development of human rights NGOs, and many others.
 
The book will be an invaluable resource for students, academics and policy-makers working in the field of international human rights.

Contents

Foreword, David Harris; Part I Introduction: Development of international human rights law before and after the UDHR, Mashood A. Baderin and Manisuli Ssenyonjo. Part II Concepts and Norms: International human rights: universal, relative or relatively universal?, Jack Donnelly; Economic, social and cultural rights, Manisuli Ssenyonjo; Civil and political rights, Sarah Joseph; Simple analytics of the right to development, Arjun Sengupta; Right to a healthy environment in human rights law, Jona Razzaque; Right to a peaceful world order, Nsongurua J. Udombana; Minority rights 60 years after the UDHR: limits on the preservation of identity?, Tawhida Ahmed and Anastasia Vakulenko; Intellectual property rights, the right to health and the UDHR: is reconciliation possible?, Robert L. Ostergard Jr and Shawna E. Sweeney; Brave new world? Human rights in the era of globalization, Paul O'Connell. Part III Mechanisms and Implementation: The United Nations human rights system, Rhona K.M. Smith; The African regional human rights system, Olufemi Amao; The inter-American human rights system, Jo M. Pasqualucci; The European Convention on Human Rights, Alastair Mowbray; Human rights in the International Court of Justice, Gentian Zyberi; The role of national human rights institutions, Rachel Murray; Institutional partnership or critical seepages? The role of human rights NGOs in the United Nations, Dianne Otto; Islamic law and the implementation of international human rights law: a case study of the International Covenant on Civil and Political Rights, Mashood A. Baderin; Towards an international court of human rights?, Gerd Oberleitner; Multi-state responsibility for extraterritorial violation of economic, social and cultural rights, Todd Howland. Part IV Responsibilities and Remedies: State responsibility for human rights, Danwood Mzikenge Chirwa; State compliance with the recommendations of the African Commission on Human and Peoples' Rights, Frans Viljoen; Individual responsibility and the evolving legal status of the physical person in international human rights law, Ilias Bantekas; The International Criminal Court and individual responsibility of senior state officials for international crimes, Manisuli Ssenyonjo; The right to an effective remedy: balancing realism and aspiration, Sonja B. Starr; Protecting human rights in emergency situations: the example of the right to education, Vernor Muoz Villalobos; Protect, respect, and remedy: the UN framework for business and human rights, John Gerard Ruggie. Part V 'And Beyond': A future for human rights, Robert McCorquodale; Index.

The Editor:

Mashood Baderin is Head of the School of Law, School of Oriental and African Studies, University of London. His research interests are in the areas of Islamic Law, International and Comparative Human Rights Law, Public International Law, Human Rights & Islamic Law, especially interaction between International Law, Human Rights Law, and Islamic Law in Muslim States. He has published extensively on these and related areas.
 
Manisuli Ssenyonjo is a Senior Lecturer in the School of Law, Brunel University. His research interests are in the areas of Public International Law, Human Rights, and Comparative Constitutional Law. He has published widely in these areas.

Reviews to Date

'This weighty collection addresses both the theory and practice of the UDHR, the origins, concepts and implementation of this seminal document, including the various global and regional mechanisms that it has influenced. Some contributions explore the various modern concepts and contexts against which this living instrument must be read and re-read - from globalization trends, and the rise of non-state actors etc, while others offer a fresh take on ongoing debates such as relativism/universalism. Long established names and significant newer voices, spanning the globe and writing from the perspective of practice and academia make this is a collection deserving of a wide readership.'

Patrick Twomey, The International Human Rights Network
 
'There are nearly thirty chapters on key rights and issues, written by leading human rights authors. Particularly notable is the book's critical emphasis, examining realistically both what has been achieved since 1948, and remains to be achieved, and the prospects for the future. It is this critical dimension that will give the book lasting value'
 
David Harris, University of Nottingham, UK

More Details on The Ashgate Website



Crime and Corruption in Organisations
Why it Occurs and What To Do About it
Edition: 1st
Format: Hardback
Author: Edited by Ronald J Burke, Edward C Tomlinson & Cary L Cooper
ISBN: 978-0-566-08981-7
Publishers: Ashgate
Imprint: Gower
Price: 75
Publication Date: Dec 2010
 

Publisher's Title Information
 
Although increasing attention has been paid to it, there are no signs that crime and corruption in organizations is decreasing, so if you're a manager or government policy maker, and your mandate is to reduce crime and corruption, where do you start?
 
The international authors of this book fill a critical need to address such a prevalent and costly topic with a detailed analysis of the risks associated with crime and corruption in organizations. They examine the causes and consequences, and the choices we face in our efforts to eradicate these social maladies. They focus on the risks to individuals and organizations surrounding criminal and corrupt acts, with an emphasis on the psychological, behavioral and organizational factors supporting such behaviors. Finally, they explore the phenomenon of crime and corruption across a diverse array of organizational settings (ranging from public to private, for-profit to non-profit) and occupational categories (e.g., police officers, physicians, accountants, and academicians).
 
The constant barrage of scandals publicized by the media demands "front burner" attention dedicated to stemming this tide. Accordingly, this book turns to prominent researchers employing their talents to produce more ethical organizations. The result is the most up-to-date thinking on both classic (e.g., cognitive moral development) and novel (e.g., moral attentiveness) approaches to crime and corruption, as well as scientifically-grounded approaches to reducing illicit behavior in organizations.

 
Contents
List of Figures vii
List of Tables ix
List of Contributors xi
Acknowledgements xix
Part I Introduction
1 Crime and Corruption in Organizations 3
Ronald J. Burke
Part II Causes of Crime and Corruption in
Organizations
2 Show Me the Money 69
Ronald J. Burke
3 Predicting Workplace Misconduct Using Personality
and Academic Behaviours 97
Thomas H. Stone, I. M. Jawahar, and Jennifer L. Kisamore
4 The Role of Trust in Employee Theft 121
Edward C. Tomlinson
5 The Influence of National Culture on the Rationalization
of Corruption 143
Amy Guerber, Aparna Rajagoplan, and Vikas Anand
Part III Costs of Crime and Corruption in
Organizations
6 The Debilitating Effects of Fraud in Organizations 163
Conan C. Albrecht, Matthew L. Sanders, Daniel V. Holland,
and Chad Albrecht
Crime and Corruption vi in Organizations
7 A Re-examination of the Withdrawal Syndrome
vis--vis Organizational Ethics in Schools 187
Zehava Rosenblatt and Orly Shapira-Lishchinsky
Part IV Corruption in the Professions
8 Making Sense of Academic Misconduct 215
Alison L. Antes and Michael D. Mumford
9 Medicines and Money: The Corruption of Clinical
Information 249
Joel Lexchin
Part V Reducing Crime and Corruption in
Organizations
10 H ow to Minimize Corruption in Business Organizations:
Developing and Sustaining an Ethical Corporate
Culture 273
Mark S. Schwartz
11 Confronting Corruption Using Integrity Pacts:
The Case of Nigeria 297
Wesley Cragg, Uwafiokun Idemudia, and Bronwyn Best
12 Easy Prey Canadians 323
L. S. (Al) Rosen
Index 345

List of Figures

Figure 3.1 Results of structural equation modelfull mediation model 110
Figure 5.1 Cultural values 152
Figure 6.1 Amount embezzled at odd-year intervals 166
Figure 6.2 The fraud triangle 168
Figure 6.3 The Ethics Development Model 176
Figure 6.4 Fraud detection method breakdown 178
Figure 7.1 The interaction effect of distributive justice and affective
commitment on lateness 200
Figure 7.2 Summary of coefficient modelling results of the relationship
between teachers’'81 perceptions of formal ethical climate and
absence frequency, mediated by affective commitment 200
Figure 7.3 Summary of the results of the relationship of ethical variables
with intent to leave, mediated by affective and normative
commitment 201
Figure 8.1 Sense-making model of ethical decision-making 224
Figure 10.1 The three elements of an ethical corporate culture 291
Figure 11.1 Constituent states of the Niger Delta, Nigeria 305

List of Tables

Table 3.1 Means, standard deviations, and correlations between study
variables 109
Table 5.1 Rationalization techniques: description and summary 146
Table 6.1 Types of fraud 165
Table 6.2 Income statement 167
Table 8.1 Taxonomy of ethical dimensions of academic work 221
Table 8.2 Strategies facilitating sense-making 225
Table 11.1 The IP implementation plan and progress achieved 320

The Editors

One of Canada's most prolific researchers, Professor Burke's work has focused on the relationship between the work environment and individual and organizational health. He was the Founding Editor of the Canadian Journal of Administrative Sciences and has served on the editorial boards of more than a dozen journals. He has served as Director of the PhD. Programme at Schulich, and as Associate Dean for Research. He has participated in research conferences in North and South America, the UK, Europe, Asia and Australia.
 
Professor Burke earned his PhD from the University of Michigan and is Professor Emeritus of Organizational Behavior. He has published over 500 journal articles and edited or co-edited 27 books with a variety of publishers. He has participated in over 300 management development programs as well as serving as a consultant on organizational effectiveness issues for private and public sector organizations. His views on management and organizations have also appeared in various media.
 
Edward C. Tomlinson is an associate professor of management and Mulwick Scholar in the Boler School of Business at John Carroll University. He received his Ph.D. from the Fisher College of Business at The Ohio State University. His primary research interests include interpersonal trust, behavioral integrity, and deviant workplace behavior. His research has been published in journals including Academy of Management Review, International Journal of Conflict Management, Journal of Applied Psychology, Journal of Management, and Journal of Management Education. He currently serves on the inaugural editorial board of Journal of Trust Research.
 
Cary L. Cooper, CBE, is Distinguished Professor of Organizational Psychology and Health, Lancaster University Management School at Lancaster University, England. He is the author of over 100 books and 400 scholarly articles, and is a frequent contributor to national newspapers, TV and radio.
 
He is currently Founding Editor of the Journal of Organizational Behavior and Editor in Chief of the medical journal Stress & Health. He is past President of the British Academy of Management, is a Companion of the Chartered Management Institute and one of the first UK based Fellows of the (American) Academy of Management. Professor Cooper is also the President of the Institute of Welfare Officers, President of ISMA, President of the British Association of Counselling and Psychotherapy, President of RELATE and Chair of the Academy of Social Sciences.
 
In 2001, Cary was awarded a CBE by the Queen in the Queen's Birthday Honours List for his contribution to organizational health.

Reviews to Date

'The book Crime and Corruption in Organizations: Why it Occurs and What to Do About It represents a timely and interesting blend of empirical and conceptual research on crime and corruption in organizations. The articles included in this book offer fresh and insightful perspectives related to the causes of organizational transgressions and the costs these transgressions pose to organizations and society. The text begins with a comprehensive introduction to the topic and continues with a discussion of the systemic causes of organizational crime and corruption and their effect on different countries and industries. Organizational corruption is discussed from multiple view points. The articles motivated many interesting discussions with my peers and students.' Anke Arnaud, College of Business, Embry-Riddle Aeronautical University, USA

More Details on The Ashgate Website

Rural Policing and Policing the Rural
A Constable Countryside?
Series : Perspectives on Rural Policy and Planning
Edition: 1st
Format: Hardback
Author: Edited by Rob I Mawby and Richard Yarwood
ISBN: 978-0-7546-7473-3
Publishers: Ashgate
Price: 50
Publication Date: Dec 2010
 

Publisher's Title Information

Policing reveals much about rural society. It refers to the way that the police, the public and other agencies regulate themselves and each other according to the dominant ideals of society. This can be formally, through the ever-growing spectrum of policing partnerships in neo-liberal countries, or informally, through the performance and enforcement of moral codes and values. This book draws on international inter-disciplinary perspectives to examine the range and consequences of policing across different rural localities.
 
Rural Policing and Policing the Rural is organised into two sections: the first examines who is policing rural areas, while the second examines the nature of rural policing by considering, on the one hand, the policing of rural space and, on the other, how ideas of rurality are regulated. In doing so this book provides a survey of rural policing that will be valuable to academics, students, policy makers and those policing rural places.

Contents:

Introduction, Rob I. Mawby and Richard Yarwood; Part I Rural Policing: Rural police: a comparative overview, Rob I. Mawby; Policing rural Canada and the United States, Joseph F. Donnermeyer, Walter S. DeKeseredy and Molly Dragiewicz; Policing the outback: impacts of isolation and integration in an Australian context, Elaine Barclay, John Scott and Joseph F. Donnermeyer; Rural policing in France: the end of genuine community policing, Christian Mouhanna; Plural policing in rural Britain, Rob I. Mawby; Governing Crime in rural UK: risk and representation, Daniel Gilling; Big Brother goes to the countryside: CCTV surveillance in rural towns, Craig Johnstone; Whose Blue Line is it anyway? Community policing and partnership working in rural places, Richard Yarwood. Part II Policing the Rural: Policing rural protest, Michael Woods; Still 'out of place in the country'? Travellers and the post-productivist rural, Keith Halfacree; Gypsies and travellers in the countryside: managing a risky population, Zo James; A trip in the country? Policing drug use in rural settings, Adrian Barton, David Storey and Claire Palmer; 'It's not all Heartbeat you know': policing domestic violence in rural areas, Greta Squire and Aisha Gill; The thin green line? Police perceptions of the challenges of policing wildlife crime in Scotland, Nicholas R. Fyfe and Alison D. Reeves; Policing poaching and protecting pachyderms: lessons learned from Africa's elephants, A.M. Lemieux; Policing agricultural crime, Joseph F. Donnermeyer, Elaine M. Barclay and Daniel Mears; Policing the producer: the bio-politics of farm production in New Zealand's productivist landscape, Matthew Henry; W(h)ither rural policing? An afterword, Richard Yarwood and Rob I. Mawby; Bibliography; Index.

The Editors: Rob Mawby is Professor of Criminology and Criminal Justice, University of Gloucestershire UK, and Richard Yarwood is Reader in Geography, University of Plymouth, UK

Reviews to Date

'This global perspective on rural policing and rural crime exposes the complex structural and economic factors that shape both, and reminds the reader that an international perspective can enhance our understanding of local issues. The book focuses on rural issues, but it provides insights applicable to agencies of all sizes.'
Ralph Weisheit, llinois State University, USA

Contents

List of Figures vii
List of Tables ix
Notes on Contributors xi
1 Introduction 1
Rob I. Mawby and Richard Yarwood
Part I Rural Policing
2 Rural Police: A Comparative Overview 11
Rob I. Mawby
3 Policing Rural Canada and the United States 23
Joseph F. Donnermeyer, Walter S. DeKeseredy and Molly Dragiewicz
4 Policing the Outback: Impacts of Isolation and Integration in an
Australian Context 33
Elaine Barclay, John Scott and Joseph F. Donnermeyer
5 Rural Policing in France: The End of Genuine
Community Policing 45
Christian Mouhanna
6 Plural Policing in Rural Britain 57
Rob I. Mawby
7 G overning Crime in Rural UK: Risk and Representation 69
Daniel Gilling
8 Big Brother Goes to the Countryside: CCTV Surveillance in
Rural Towns 81
Craig Johnstone
9 W hose Blue Line is it Anyway? Community Policing and
Partnership Working in Rural Places 93
Richard Yarwood
vi Rural Policing and Policing the Rural
Part II Policing the Rural
10 Policing Rural Protest 109
Michael Woods
11 Still 'Out of Place in the Country'? Travellers and the
Post-Productivist Rural 123
Keith Halfacree
12 G ypsies and Travellers in the Countryside:
Managing a Risky Population 137
Zo James
13 A Trip in the Country? Policing Drug Use in Rural Settings 147
Adrian Barton, David Storey and Claire Palmer
14 It's Not All Heartbeat You Know: Policing Domestic Violence in
Rural Areas 159
Greta Squire and Aisha Gill
15 T he Thin Green Line? Police Perceptions of the Challenges of
Policing Wildlife Crime in Scotland 169
Nicholas R. Fyfe and Alison D. Reeves
16 Policing Poaching and Protecting Pachyderms: Lessons Learned from
Africa's Elephants 183
A.M. Lemieux
17 Policing Agricultural Crime 193
Joseph F. Donnermeyer, Elaine M. Barclay and Daniel Mears
18 Policing the Producer: The Bio-Politics of Farm Production in
New Zealand's Productivist Landscape 205
Matthew Henry
19 W (h)ither Rural Policing? An Afterword 217
Richard Yarwood and Rob I. Mawby
Bibliography 223
Index 259
Chapter 1

Introduction

'What you like to be when you grow up?' a teacher asked her pupil. 'I'd like to follow in my father's footsteps and be a policeman,' he answered.'Was he a policeman too?' she questioned.'No,' came the reply, 'he was a burglar'.

If studies of policing have been on the edge of geographical investigation (Fyfe 1991, Herbert 2009), then studies of rural policing have fallen off the edge of many research agendas (Moody 1999). Despite renewed and sustained interest in rural studies (Cloke et al. 2006), rural policing has received little attention from social scientists (Dingwall and Moody 1999; Yarwood 2001). Rather like the boy in the old joke, academics with an interest in rural policing appear to be following in the tracks of other researchers rather than forging paths on their own. Yet a focus on rural policing can reveal much about rural society. Policing is a broad concept that refers to 'an intricate, almost unconscious network of voluntary controls and standards among people themselves and enforced by people themselves' (Bowling and Foster 2002, 981). Policing is how the police, public and other agencies regulate themselves and each other according to the dominant ideals of society. This can be formally, perhaps through the ever-growing spectrum of policing partnerships in neo-liberal countries, or informally through the performance and enforcement of moral codes and values. Within these broad policing frameworks, it is important to distinguish between demands to reduce crime and demands to exclude activities or people that are threatening to elite rural ideals. It is therefore crucial to realise whose standards are being policed and by whom (Bowling and Foster 2002; Herbert 2009). To achieve this, it is necessary to understand how rurality and criminality are socially constructed and the way that policing affects, and is effected by, these ideals.

This book draws on international, inter-disciplinary perspectives to examine these issues in a range of rural localities. Its authors are drawn from the ranks of geography and criminology. Geographers have a tradition of studying rural society (Cloke et al. 2006) yet policing has been 'conspicuously absent from the landscapes of human geography' (Fyfe 1991, 249; but see Herbert 2006, 2009; Yarwood 2007a). Hence the chapters written by geographers in the book reflect a strong engagement with the concept of rural space and who controls it. Their concerns focus more on who is being policed and the implications of this for rural society. By contrast, criminologists focus more directly on those who are engaged in policing, especially the police themselves. Many of their chapters provide rich empirical assessments of policing methods and techniques in rural spaces. Taken together, perspectives from geography and criminology combine to provide important theoretical and empirical views on policing.

The book is organised into two sections. The first examines who is policing rural areas, both in the UK and further afield, and the second examines the nature of rural policing by considering, on the one hand, the policing of rural space and, on the other, how ideas of rurality are regulated.

Part I: Rural Policing

The first section focuses on who polices rural areas by considering the nature of the public police in rural areas in a range of western industrial societies. As policing is conducted by a variety of agencies in addition to the public police, the second group of chapters in this section considers the nature of the policing mix. In Chapter 2, Rob Mawby offers a broad-brush comparative overview of rural police systems. The nature of the public police varies between societies, but equally the nature of the public police often varies within societies, with differences between rural and urban areas sometimes marked. However, although the Anglo-American image of the rural police is one that has frequently drawn on a perception of the rural as idyllic, and consequently favoured rural police as a model to which urban areas should aspire, he argues that elsewhere rural areas are often policed very differently and indeed that there are significant contrasts between Britain and the USA. The latter exemplifies a system where rural areas commonly have their own autonomous police organisations. In some other countries, such as France, exemplar of a continental police system, and Canada, where the nature of policing was influenced by its former colonial status, rural areas are under the responsibility of a central police agency that tends to be more militaristic than its urban counterparts. Elsewhere, in Australia and England and Wales, regional police systems incorporate the urban and the rural, but in contrasting ways. Mawby argues that the nature of rural police systems depends to a large extent on the social and political circumstances that underpinned the formation of the police, and the extent to which rural issues created particular problems for ruling elites. However, differences between the current situation in Australia and England demonstrate the additional importance of geography, where the sheer size of rural districts and sub-districts in Australia's regional structure restrict the influence of the urban on the rural that is increasingly apparent in Britain.

Chapters 3 to 5 provide more details of the nature of rural police systems within this group of countries. In Chapter 3, Joseph F. Donnermeyer and his colleagues also emphasise the sheer size of Canada and the USA. In each case a large majority of the population is urban-based, with the remainder spread across most of the land mass. Donnermeyer et al. note a number of similarities between these rural areas, containing as they do affluence and poverty, growth and decline, and populations of long-standing residents and commuters. They also note the extent of crime and disorder problems, often hidden from view at a time when a decreasing share of resources are being allocated to rural policing. But in other respects, the nature of policing by these close neighbours differs markedly, with the USA providing much more localised services.

The policing of Indigenous peoples is another theme discussed by Donnermeyer et al., and it is one reiterated by Elaine Barclay and her colleagues in the context of Australia. Again, the sheer size of the country, and the implications of policing scattered rural populations, are underlined. But Barclay et al. also highlight the complexity of social relations in rural Australian and how this impinges on police work. One particular feature of rural Australia is the presence of Indigenous peoples. Echoing Hogg and Carrington (2006), Barclay et al. depict these original inhabitants of the rural as 'outsiders' within their own territory, a problem to be policed rather than a public to be served. Thus, they argue, rural spaces should not be seen as homogenous entities, but instead as diverse and pluralistic settings with competing normative communities, within which the Aborigine population has traditionally received low priority.

The continuing influence of history is also evident in Chapter 5, where Christian Mouhanna considers the evolving position of the gendarmerie in rural France. Following Mawby, Mouhanna draws a distinction between the Police Nationale, responsible for policing the cities, and the gendarmerie, traditionally responsible for policing the countryside, and acknowledges the more militaristic features of the latter. However, in an insightful insider critique, he argues that in reality the gendarmerie has traditionally provided a service more akin to community policing than their urban counterparts. There were, he suggests, at least three reasons for this. Firstly, the organisation of the gendarmerie, spread as it is across the country, meant that the granting of local autonomy to territorial squads based in rural districts was, in practice, inevitable, making the gendarmes into paramilitary 'street level bureaucrats' (Lipsky 1980). Secondly gendarmes had to live in the district where they work, making them - and their families - a part of community life. Thirdly, the lack of resources meant that they were pressured into building good relationships with better resourced local agencies. However, Mouhanna argues, changing expectations among gendarmes and their families, and the imminent merging of the Police Nationale and Gendarmerie Nationale, mean that this, possibly unique, relationship is under threat.

While these four chapters focus upon the public police, there is, as Rob Mawby notes in Chapter 6, a clear tendency in western industrial societies towards a greater reliance upon policing alternatives, a trend towards plural policing (Crawford et al. 2005) or multilateralisation (Bayley and Shearing 2001). This is particularly so in countries such as the USA, Canada and Britain, less so in some European countries like France (Jaschke et al. 2007; Jones and Newburn 2006). Many of these policing alternatives are provided by the private, for-profit sector, although the use of volunteers and efforts at community self-policing are also common. However, while a number of authors focus on the expansion of plural policing, none address the broader spatial components of this shift. Mawby argues that in the British Isles policing alternatives that engage the public as volunteers, such as the Special Constabulary, have developed successfully in many rural areas but have been more problematic in cities, and that other forms of multilateralisation, such as the introduction of police community support officers (PCSOs), complement these in an urban setting. Consequently, while plural policing is a feature of both urban and rural areas, the components of this policing mix vary markedly between city and countryside.

In Chapter 7, Daniel Gilling steps back a level and considers the governance of community safety in rural areas. He notes that while a raft of policy measures over the last 25 years have focused upon shifting the emphasis in the policing of crime and disorder - from crime control by the police to crime and disorder reduction through partnership work - government emphasis has been directed at urban, particularly metropolitan, problems. As a result, rural crime has been trivialised or marginalised. Gilling suggests that key players at local government and service provider level have to a certain extent collaborated in this process by either denying that there is a rural problem, blaming the problem on outsiders, or seeing the problem as one of fear rather than risk: representations he describes as the 'Idyllic Countryside', the 'Endangered Countryside' and the 'Frightened Countryside', respectively. He then offers as a more radical alternative of the 'Deprived Countryside', which he sees as a more constructive representation that might underpin rural policing strategies.

The idea that rural crime control has received lower priority than its urban counterpart gains credence from Craig Johnstone's account in Chapter 8 of the development of CCTV initiatives in rural areas. Indeed, in discussing the ways in which rural stakeholders justified a need for CCTV, Johnstone reiterates the three common representations identified by Gilling: the 'Idyllic Countryside' (and the need to keep it that way); the 'Endangered Countryside' (and the need to deter criminals from commuting there to offend); and the 'Frightened Countryside' (and the need to reassure local people). Additionally, he notes the political considerations that underpinned this: once some small towns installed CCTV there was pressure on stakeholders in others to follow suite, both to avoid crime displacement to their patch and to demonstrate to their constituents that they were taking local crime problems seriously. However, there are generic difficulties in translating what was initially an urban initiative to the countryside. For example, the public space covered by what is commonly a handful of cameras is limited and cameras are difficult to monitor. This may mean that a central monitoring point covers cameras located in a number of towns, almost as if CCTV has replaced the village bobby located at a distance from divisional HQ. But in this case the hightech substitute lacks both the personal touch and the ability for rapid response. This leads Johnstone to speculate, echoing Gill and Spriggs (2005), as to whether CCTV is an appropriate response to crime and disorder in rural Britain, or a topdown initiative imposed by a metropolitan-focused central government.

While both Gilling and Johnstone discuss partnership working in policing rural crime, this receives more explicit attention in Chapter 9, where Richard Yarwood uses case studies from England and Wales, Australia and New Zealand to assess who is responsible for local policing in both de facto and de jure terms. While, as with CCTV, he argues that rural policing initiatives have been influenced from the top down in Britain and Australia, with the resultant difficulties of translating policy into practice, he points to the New Zealand model as one of bottom-up initiatives.

Part II: Policing the Rural

The chapters in Part II then focus on the nature of crime and disorder in the countryside and the ways in which this is policed. While these chapters offer an eclectic mix, they epitomise two distinctions that might be drawn: between 'traditional' rural crimes, such as agricultural crime and poaching, and crimes that are commonly associated with urban life, such as drug misuse and domestic violence; and between problems associated with local residents themselves and those deemed to be 'outsiders', reiterating Gilling's representation of the 'Endangered Countryside'. In each case, policing may vary accordingly. Thus 'rural' crimes may evoke specialist units, whereas conventional crimes may pose particular policing problems where rates are lower, or incidents are less visible, than in the city. And the police may find it less problematic to deal with outsiders than insiders where their relationships with local stakeholders are less likely to be undermined.

The latter point is nicely illustrated in Chapter 10 where Mike Woods considers the policing of rural protest. He notes that early protests reflected a 'displacement of urban politics', where protest was located in the countryside because that was where nuclear power stations or military bases tended to be. Later protests against road construction and by animal rights activists or hunt saboteurs, were similarly portrayed as urban incursions, where policing agents could rely on the rural vote to support their actions, reflected in The Criminal Justice and Public Order Act 1994, that essentially protected rural people from outside incursions. However, from 1997 onwards, farmers' protests and pro-hunting groups, often coalescing in the Countryside Alliance, posed a different set of problems for the police, who needed to deal with 'protest from within', and initially at least adopted the mantra of policing by consent. However, as more radical offshoots of the Countryside Alliance opted for direct confrontation, police tactics have changed, unsettling the dynamics of police-community relations in rural areas.

In contrast, Chapters 11 and 12, by Keith Halfacree and Zo James, address travellers, arguably the 'folk devils' (Cohen 1972) of rural societies. While both chapters focus on the UK, as Halfacree demonstrates, there has been longstanding prejudice against travellers in a range of countries. Despite a romanticised portrayal of the travelling life and a need for some of the specialist or seasonal work performed by travellers, they have been seen to pose a threat to the countryside in three ways: they disrupted the 'predominant spatial practices', especially through 'disrespect' for private property; they challenged the everyday lives of local people, presenting an alternative way of living; and they challenged the rural idyll. In England and Wales, The Public Order Act 1986, The Criminal Justice and Public Order Act 1994 and The Anti-Social Behaviour Act 2003 explicitly target travellers, the former removing the requirement contained in The Caravan Sites and Control of Development Act 1968 for local authorities to provide sites for travellers. Halfacree's analysis is complemented by James, who identifies key issues of control and policing as drawn out of a national sample of local authority reports on the needs of Gypsies and Travellers. James argues that the relationship between travellers and local law-enforcement agencies is predicated by the fact that most occupy unauthorised, and consequently illegal, sites, and so hostile reaction from the 'settled community' and the consequent call to evict sets the policing agenda. Not surprisingly, then, travellers lack trust and confidence in the police, who are associated with eviction and enforcement activity. When overt conflict occurs, the police utilise a range of public order policing tactics to manage travellers, resulting in a further reduction in their confidence in the police and authorities generally, who are seen as adopting the settled community's perception of travellers as requiring controlling and managing, rather than viewing them as citizens with a right to a comprehensive range of police services.

Increasingly, urbanised societies such as Britain make much of the idyllic nature of 'the country' and the benefits of 'rural living'. Chief amongst those alleged benefits are the apparent problem-free nature of rural settings and the absence of many of the inherent problems associated with city living. Whilst it is true that there are differences in day-to-day living between rural and urban settings, it is not true that rural living is without problems. There is, however, a tendency for rural problems to be under-explored and under-reported and for 'rurality' to be conceived as a holistic geography, when this is clearly not the case. Chapters 13-14 illustrate this by describing crimes that are conventionally associated with the urban, rather than the rural. Drawing on empirical data, Adrian Barton, David Storey and Claire Palmer seek to address these misconceptions of the idealised, problem-free, holistic nature of the rural idyll by exploring the nature and extent of illicit drug use in two rural settings (Cornwall and Herefordshire), and the manner in which services for drug users are provided. Noting that on a national level drug misuse among younger people appears to be at least as common in rural as in urban areas, they use their research to map out local drug scenes. They argue, following the discussions of plural policing, that the traditional police play a limited role in controlling drug misuse, and that users are more likely to experience close relations, and be policed, by a range of health and welfare agencies operating A US equivalent can be found in the work of singer/songwriters such as Woody Guthrie, Bob Dylan and Tom Paxton. Within local DAAT s. To a certain extent, drug misuse in rural areas, despite its public location, is relatively invisible. The same applies to an even greater extent in the case of domestic violence (Hogg and Carrington 2003). Drawing upon empirical data gathered within Oxfordshire and the South West, Greta Squire and Aisha Gill argue that living within a rural setting will often exacerbate the effects domestic violence has upon the victim by geographically isolating them due to poor transport, and institutionally isolating them from support through the lack of suitable agencies tasked with dealing with the needs of the survivors. This is often compounded by the fact that 'policing' domestic violence extends beyond the police service: effective service provision is often about including a number of welfarist based organisations, which can lead to problems of service co-ordination, ownership and resource management.

In contrast, the final group of chapters deal with what might traditionally be considered as typically rural policing concerns. Chapters 15-16 consider wildlife crimes that are perhaps unique to rural places. The policing of wildlife and environmental crime are crucially important in terms of the protection of natural heritage and the social and economic activities that depend on the natural environment, yet our understanding of how such policing is carried out remains rudimentary. Drawing on interviews with police wildlife crime officers (WCOs) and wildlife crime coordinators (WCCs) in Scotland's eight police forces, Fyfe and Reeves focus on the resources, roles and responsibilities of WCOs and WCCs, the interplay between reactive and proactive policing engaged in by these police staff, and their perceptions of the impact of their activities on wildlife and environmental crime in Scotland. In the next chapter, Andrew Lemiuex extents this analysis across state borders and considers the geographies and policing of elephant poaching in and out of sub-Saharan African. This chapter illustrates the dangers of focusing exclusively on rural crime or rural policing. Paralleling the situation vis--vis drug crime, poaching involves three processes: acquiring the illegal product, transporting it to viable markets, and selling it. These processes clearly transcend the rural locale, and indeed international boundaries, and highlight the importance of cooperation between policing agencies that may have very different priorities.

Finally consideration is given to agriculture, an activity that is associated closely and uniquely with rurality. Although only a small corpus of empirical work on agricultural crime has been conducted over the past quarter century, their results point a high cost to farm victimisations and distinctive correlations between physical and topographical features of agricultural operations and the location of crimes. The chapter by Elaine Barclay and her colleagues considers the extent and pattern of agricultural crime. It utilises an ecological perspective to identify vulnerability to various crimes and reviews attempts by the police prevent them. By contrast, Matthew Henry considers how farmers are themselves policed by a range of agencies and technologies. The chapter situates the rise of these technologies within what Foucault termed a 'biopolitical' modality of power through which the state has become increasingly concerned with issues of 'improvement' in relation to the dynamics of both population and economy. Couched in these terms the chapter explores the webs of regulation that have shaped farm production in New Zealand. It provides an apt end to the book, noting that plural policing is no recent phenomenon and that it incorporates alternative state agencies as well as alternatives to policing by the state. Additionally, it may be focused on activities very much in keeping with what is understood and expected as rural. Contrary to the fears expressed at the start of this introduction, rural policing is far wider than providing protection for farmers by the state.

More Details on The Ashgate Website

The Many Constitutions of Europe
Edition: 1st
Format: Hardback
Author: Edited by Kaarlo Tuori & Suvi Sankari
ISBN: 978-1-4094-0468-2
Publishers: Ashgate
Price: 60
Publication Date: November 2010
 
Publisher's Title Information

This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions.
 
The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.

Contents:

Editor's preface; Part I Multi-Dimensionality of European Constitutionalism: The many constitutions of Europe, Kaarlo Tuori; A default constitutionalism? A disquieting note on Europe's many constitutions, Emilios Christodoulidis; Constitutionalism and the multi-coded treaties of the EU: changing the concepts of constitutionality, Inger-Johanne Sand; Constitutional ideal types in the global age: a sociological review, Sabine Frerichs. Part II Aspects of the Economic Constitution: European competition law: catalyst of integration and convergence, Milne Wegmann; Failures or ideological preconceptions? Thoughts on two grand projects: the European constitution and the European civil code, Hans-W. Micklitz. Part III Aspects of the Political Constitution: Multilevel constitutionalism: looking beyond the German debate, Neil Walker; European constitutionalism and the democratic design of European governance: rethinking directly deliberative polyarchy and reflexive constitutionalism, Stijn Smismans; Could the Court of Justice have done differently?, Suvi Sankari. Part IV Aspects of the Social Constitution: Social constitution in historical perspective: Hugo Sinzheimer in the Weimar context, Sakari Hnninen; Social rights and market freedom in the European constitution: a re-appraisal, Stefano Giubboni; Constitutional issues in European health policy and practice, Meri Koivusalo; Index.
The Editor
Suvi Sankari is a member of the Centre of Excellence in Foundations of European Law and Polity, Faculty of Law, University of Helsinki, Finland

Reviews

'This is a rich and innovative collection. By exploring what constitutionalism means in various fields of law, it offers a much needed new perspective on one of the most important developments in law of the last decade.' Jan Smits, Tilburg University, The Netherlands
 
'This work makes a timely and valuable contribution. Too often books on constitutional order within the European Union stay, whatever their ideological perspectives, within a Public Law and Human rights perspective, this book breaks new ground in also looking at the relationship of this to European Private Law.' Zenon Bankowski, Edinburgh Law School, UK

Part of Editors' Preface

`Le doute n'est pas une condition agreable, mais la certitude est absurde.'

Doubt is not a pleasant condition, but certainty is absurd

In recent years, European constitutional discourse has been dominated by theoretical debates on constitutional pluralism as a deeper understanding of the co-existence of transnational and national constitutions. This book makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. It adopts a different perspective on the many constitutions of Europe, preferring to understand 'constitution' not only as a concept of traditional constitutional law, but as a relational concept, and applies it here to distinguish between the economic constitution, the juridical constitution, the political constitution and the social constitution. This book combines diverse disciplinary approaches (different fields of law, political science, economics and sociology) towards these different aspects of the European constitution, bringing into the constitutional debate even other than merely constitutional scholars. Thus, in addition to providing a general discussion on the European constitution as a relational concept, the book also offers chapters on each specific constitution.

One of the central objectives of this book, and also of the Finnish Centre of Excellence in the Foundations of European Law and Polity Research (Faculty of Law, University of Helsinki) under which this book was assembled, is to facilitate a dialogue between diverse scholarly approaches to European law and to address the legal theoretical implications of Europeanization. In 2009, the main emphasis of the Centre was on the interdependencies between various aspects of the European constitution and constitutional discourse. This multidimensionality of the constitution(s) of Europe inspired the Centre to collect selected contributions by members of the Centre and by its cooperating partners, as well as by its new and old friends, to be first presented, then developed further, and finally published in the form of this book. This cooperation proved that a dialogue across disciplinary boundaries is not only possible, but also fruitful.

More Details on The Ashgate Website

LINKS