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Prostitution

Series: The International Library of Criminology, Criminal Justice and Penology

Authors: Roger Matthews, Middlesex University, UK and Maggie O'Neill, Staffordshire University, UK

ISBN:  0 7546 2189 8

Publishers Ashgate

Price:  UK £110, Hardback, Available in Hardback only

Publication Date:  03/2003


Publisher’s Description of the Book

The widely held contention that prostitution is the 'oldest profession' has served to militate against a proper investigation of its changing nature, meaning and

significance over time. In response to this, this volume examines the many facets of prostitution looking in particular at its history, sociology, politics and regulation.


Contents:

The History of Prostitution:

Alain Corbin (1990) The Regulationist Argument;

Bracebridge Hemynge (1967) Prostitution in London;

Edward J. Bristow (1977) Social Purity and Prostitution;

Judith Walkowitz (1977) The Making of an Outcast Group;

Prostitutes and Working Women in Nineteenth -Century Plymouth and Southampton.

The Sociology of Prostitution:

Kingsley Davis (1937) The Sociology of Prostitution;

Mary McIntosh (1978) Who Needs Prostitutes? The Ideology of

Male Sexual Needs;

Eileen McLeod (1982) Prostitutes' Working Conditions;

Julia O'Connell Davidson (1998) Eroticizing Prostitute Use;

Joanna Pheonix (2000) Prostitute Identities: Men, Money and

Violence;

Ian Shaw and Ian Butler (1998) Understanding Young People and

Prostitution: A Foundation for Practice?.

The Politics of Prostitution:

Valerie Jenness (1990) From Sex as Sin to Sex as Work: COYOTE

and the Reorganization of Prostitution as a Social Problem;

Ronald Weitzer (1991) Prostitutes' Rights in the United

States: The Failure of a Movement;

Phil Hubbard (1998) Sexuality, Immorality and the City:

Red-Light Districts and the Marginalization of Female Street

Prostitutes;

Maggie O'Neill (2001) Feminism(s) and Prostitution;

Lars O. Ericsson (1980) Charges Against Prostitution: An

Attempt at a Philosophical Assessment;

Carole Pateman (1988) What's Wrong With Prostitution?;

Kathleen L. Barry (1988) Female Sexual Slavery: The Problem,

Policies and Cause of Feminist Action.

The Regulation of Prostitution:

Alison Diduck and William Wilson (1997) Prostitutes and

Persons;

Roger Matthews (1986) Beyond Wolfenden? Prostitution, Politics

and the Law;

Jackie West (2000) Prostitution: Collectives and the Politics

of Regulation;

John Lowman (1992) Street Prostitution Control: Some Canadian

Reflections on the Finsbury Park Experience;

Roger Matthews (1992) Regulating Street Prostitution and Kerb-Crawling: A Reply to John Lowman;

John Lowman (1992) Correspondence: Against Street

Prostitution;

Neil McKeganey and Marina Barnard (1996) Prostitution and

HIV/AIDS;

Cecile Høigård and Liv Finstad (1992) The Fight Against

Prostitution;

Name index.



Tackling Militant Racism

Author: Peter Jepson

ISBN: 0754621634

Publishers Ashgate Publishing Limited

Price:  £50 RRP UK Hardback

Publication Date: Feb 2003

Militant racism is concerned with antagonism and hostility associated with racist activity. Within a society it is expressed by material that may stir up racial hatred and/or discrimination. It can also be seen on the streets and, indeed, the alleged racist criminality orchestrated by militant gangs. After examining the possible causes of militant racism and its effects, this book considers the new laws designed to tackle racially-motivated crime found in the 1998 Crime and Disorder Act. A central theme of the book is the balance between freedom of expression and penalizing racially-offensive expression.


An Example from the book

"These Racist Thugs Will Never Stop Me Teaching"

The thing Alison Moore remembers most vividly before losing consciousness is the final insult. As a group of four teenagers kicked and punched her senseless, amid fits of cackling, they screamed at her 'Black bitch'.

She cannot guess how long the attack lasted, but when she woke up she realised her attackers had left her under a hedge.

The first sensation she felt was excruciating pain. Most of the blows had come from behind her as she hunched forward to try and protect her face. She then realised that she could not move her legs. Although dazed, she managed to use her mobile phone to raise the alarm.

Miss Moore, 30, suffered cracked ribs, internal bleeding and severe bruising. She spent six days in hospital and even now walks with a limp.

The teacher, who has a six-year old daughter, at first thought the attack at Sandhurst Junior School, in Catford, south-east London, was just a matter of bad luck.

But 10 days later she was forced to revise her thinking. `I was on my own at home one evening and I heard the letterbox open. I thought it was a circular. When I went to look at it I realised it was a death threat, telling me not to go back to school. It really frightened me.

I didn't know if the attackers knew I was the only black teacher in the school and had been waiting for me. It was also possible that someone had read about the attack in the local newspaper and was making mischief.'

The police did what they could to make her flat secure. Locks were installed, and a panic alarm was fitted and linked directly to the local police station. But on March 13th her tormentors struck again. ‘I had difficulty getting to sleep and went upstairs to take some medication. As I opened my kitchen door, I saw a man wearing a balaclava and gloves who had forced open my kitchen window and was trying to come in. The thing that frightened me was that he must have heard me entering the kitchen but he just stood there to make sure that I saw him. He was trying to instil fear in me.' The police arrived quickly and searched the area with tracker dogs. They failed to catch the intruder or his accomplice but they did find their handiwork - a collection of swastikas and National Front logos which had been daubed on the door.

After each incident, Miss Moore had denounced her abusers and had voiced her determination to stay, but a further incident last week proved too much. `A local reporter told me he had just received a telephone call from someone who said they were going to "do me in" that night. That evening the police came to the flat and stayed with me until I had left.'

Miss Moore hopes her abusers will be unable to trace her new home but nevertheless intends to return to school as soon as she is physically able. Her mother, Olga, and her great-aunts were teachers and she says it is a family tradition she intends to maintain.

‘I'll be scared to go back to school. The thought of whatever else might happen petrifies me, but I love my job. I would be unhappy elsewhere. I feel like I'm running away from my home but I couldn't live if I ran away from my job as well.'

Doctors have told her she may make a full recovery but Miss Moore says it is unlikely that she will ever be the same. `I was an outgoing person but these days I get very tearful. I'm very nervous, even when the telephone rings. I find it hard to deal with it all.'

`I realise that the people responsible for all this are a minority. My friends are all nationalities. I don't look at colour. I look at who people are and I think others should do the same.'

These harrowing words give an example of militant racism in the last decades of the twentieth century. This form of militant racism may not be regarded as fully typical, because the threat of murder and the need for police protection suggests the nature of the racism is more extreme than the average incident of racial harassment or violence.

Obviously, there are existing criminal laws that can deal with many forms of militant racism - especially when it takes its form in harassment or violence. If we examine this story concerning Alison Moore, a few obvious basic criminal offences spring to mind.

1          The attack by four teenagers on Alison Moore can be classified as a common assault and battery. This can result in up to six months' imprisonment and/ or a fine - i.e. assuming that the necessary actus reus and mens rears is established.

2          It is also possible that, as per section 47 of the Offences Against the Person Act 1861, charges could be brought for an assault occasioning actual bodily harm  - with an outcome of up to five years imprisonment should guilt be established.

3          The daubing of swastikas and National Front logos on the door of Alison Moore constitutes an offence under section 1 of the Criminal Damage Act 1971. This carries a sentence maximum of imprisonment of up to 10 years, but in practice usually involves a fine for such limited damage to property.

4          There is also some evidence of intentional harassment, which could establish grounds for an offence under Section 4a of the Public Order Act 1986. This carries a period of 6 months imprisonment and/or a fine.

5          The threat to the life of Alison Moore could (if the evidence justified which it does not seem to) result in charges being brought in relation to the offence of threatening to kill - resulting in up to 10 years imprisonment.

While these basic offences may reflect established criminal charges, there is also a possibility that under the new Crime and Disorder Act 1998 additional/ alternative charges could be brought for racially aggravated common assault, racially aggravated actual bodily harm, racially aggravated intentional harassment, and/or racist criminal damage. Indeed, these secondary offences could be associated with and brought alongside the basic offence and, if proved, would result in enhanced sentencing for racist crime.

End of extract from the book


REVIEW

I always believed in charging all persons involved in assaults, during my service (60, 70, 80s) a common assault was often an option, the charge would read,

Common assault with no bodily harm, contrary to Section 47, Offences Against the Person Act 1861.

Some of the Old Assault charges read as follows:-

ASSAULTS-Common assault

That you did assault and beat (or assault)......... ...(specify person). contrary to Section 42, Offences Against the Person Act 1861.

ASSAULTS-Common assault with no bodily harm.  That you did assault .................. (specify person), contrary to Section 47, Offences Against the Person Act 1861.

34. ASSAULTS--Constable, assaulting

That you did assault ............... ...(specify officer), a constable of the.................. Police Force (or Con­stabularv) in the execution of his duty, contrary_ to Section 5 1(1) Police Act 1964.

ASSAULTS-Occasioning actual bodily harm (A. O.)

That     you      did       assault .................. (specify    person) thereby occasioning him actual bodily harm. Contrary to Section 47, Offences Against the Person Act.

Rob Jerrard



International Law and Indigenous Peoples

Series: The Library of Essays in International Law

Author: S. James Anaya

ISBN:  0754621626

Publishers Ashgate (Dartmouth)

Price:RRP UK £110.00

Publication Date: Feb 2003


One of the most dynamic areas of international law today concerns the rights and status of indigenous peoples. Within the contemporary discourse of international law, the term indigenous is now commonly used in association with a particular class of culturally distinctive groups together with the problems they face; problems that are legacies of historical patterns of invasion and colonization. The essays in this volume have been assembled to promote understanding about the relation of international law to the claims and aspirations that indigenous peoples have posited in the international arena today.

Contents:

Historical Antecedents and Their Contemporary Significance:

G.C. Marks (1992) Indigenous Peoples in International Law: The

Significance of Francisco de Vitoria and Bartolomé de las

Casas;

Douglas Sanders (1983) The Re-emergence of Indigenous

Questions in International Law.

The Argument for Recognition of Indigenous Sovereignty on the

Basis of Established Modern Principles:

Darlene M. Johnston (1986) The Quest of the Six Nations

Confederacy for Self-Determination;

John Howard Clinebell and Jim Thomson (1978) Sovereignty and

Self-Determination: The Rights of Native Americans under

International Law.

The Dynamics and Challenges of the Contemporary International

Indigenous Rights Movement:

Robert A. Williams, Jr. (1990) Encounters on the Frontiers of

International Human Rights Law: Redefining the Terms of

Indigenous Peoples' Survival in the World;

Benedict Kingsbury (1998) "Indigenous Peoples" in

International Law: A Constructivist Approach to the Asian

Controversy.

The Emergence and Contours of a New Indigenous Rights Regime:

Siegfried Wiessner (1999) Rights and Status of Indigenous

Peoples: A Global Comparative and International Legal

Analysis;

Lee Swepston (1990) A New Step in the International Law on

Indigenous and Tribal Peoples: ILO Convention No. 169 of 1989;

Erica-Irene A. Daes (1993) Some Considerations on the Right of

Indigenous Peoples to Self-Determination.

Invoking the Contemporary Indigenous Rights Regime - Two

Examples:

Gillian Triggs (1999) Australia's Indigenous Peoples and

International Law: Validity of the Native Title Amendment Act

1998 (CTH);

S. James Anaya (1994) The Native Hawaiian People and

International Human Rights Law: Toward a Remedy for Past and

Continuing Wrongs;


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Collective Security Law

Series: The Library of Essays in International Law

Author: Nigel D. White, University of Nottingham, UK

ISBN:  0754622355

Publishers Ashgate (Dartmouth)

Price: RRP UK £120

Publication Date: Jan 2003

Number of Pages: 616 pages

Binding Options: Available in Hardback only

British Library Reference: 341.7'2

Library of Congress Reference: 2001099644

We may have witnessed the partial erosion of the classical view that the international legal system is horizontal and consensual, but to argue that legal regulation can occur in relation to the ultimate expression of high politics - the use of military power - attracts accusations of 'idealism'. Maybe it is too much to expect law and institutions to govern or regulate the use of force in international relations,though it can be argued that legal issues are significant in shaping the debate. Whether a powerful State can take military action against another without the authority of the Security Council, is, for instance,both a political and a legal issue. Though the law may not be controlling, it can provide a counterbalance to political choice. The essays in this volume illustrate the profound differences that exist as to the existence, role, and efficacy of collective security law.


Contents:

The Concept of Collective Security Law:

Martti Koskenniemi (1996) The Place of Law in Collective

Security;

Hans J. Morgenthau (1946) Diplomacy;

J.L. Brierly (1946) The Covenant and the Charter;

V.S. Mani (1995) The Role of Law and Legal Considerations in

the Functioning of the United Nations.

Actors Within the United Nations: Powers and Legitimacy:

David D. Caron (1993) The Legitimacy of the Collective

Authority of the Security Council;

Keith Harper (1994) Does the United Nations Security Council

have the Competence to Act as Court and Legislature?;

Martti Koskenniemi (1995) The Police in the Temple: Order,

Justice and the UN: A Dialectical View;

N.D. White (2000) The Legality of Bombing in the Name of

Humanity;

Roberto Lavalle (1990) The 'Inherent' Powers of the UN

Secretary-General in the Political Sphere: A Legal Analysis;

Jose E. Alvarez (1996) Judging the Security Council;

Dapo Akande (1996) The Role of the International Court of

Justice in the Maintenance of International Peace.

UN Collective Security Measures:

David M. Malone and Karin Wermester (2000) Boom and Bust? The

Changing Nature of UN Peacekeeping;

W. Michael Reisman and Douglas L. Stevick (1998) The

Applicability of International Law Standards to United Nations

Economic Sanctions Programmes;

Colin Warbrick (1995) The United Nations System: A Place for

Criminal Courts?;

Oscar Schachter (1991) United Nations Law in the Gulf

Conflict;

Jules Lobel and Michael Ratner (1999) Bypassing the Security

Council: Ambiguous Authorizations to Use Force, Cease-Fires

and the Iraqi Inspection Regime.

Collective Security Outside the UN:

Bruno Simma (1999) NATO, The UN and the Use of Force: Legal

Aspects;

Christian Walter (1997) Security Council Control Over Regional

Action;

David O'Brien (2000) The Search for Subsidiarity: The UN,

African Regional Organizations and Humanitarian Action.

Name Index.



LINKS

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