Hart Publishing Ltd

"INTERNET LAW BOOK REVIEWS" PROVIDED BY - Rob Jerrard LLB LLM (London)


Books by Hart Publishing Ltd 2007





Human Rights Law in Perspective - no. 10 Judicial Review, Socio-Economic Rights and the Human Rights Act



Edition: HB

Author: Ellie Palmer

ISBN:1-84113-372-8
9781841133720

Publishers: Hart

Price: £55

Publication Date: August 2007

Publisher’s Title Information
Human Rights Law in Perspective



Series General Editor, Colin Harvey, Director, Human Rights Centre, Queen's University Belfast
The language of human rights figures prominently in legal and political debates at the national, regional and international levels. In the UK the Human Rights Act 1998 has generated considerable interest in the law of human rights. It will continue to provoke much debate in the legal community and the search for original insights and new materials will intensify. The aim of this series is to provide a forum for scholarly reflection on all aspects of the law of human rights. The series will encourage work which engages with the theoretical, comparative and international dimensions of human rights law. The primary aim is to publish over time books which offer an insight into human rights law in its contextual setting. The objective is to promote an understanding of the nature and impact of human rights law. The series is inclusive, in the sense that all perspectives in legal scholarship are welcome. It will incorporate the work of new and established scholars.

Human Rights Law in Perspective is not confined to consideration of the UK. It will strive to reflect comparative, regional and international perspectives. Work which focuses on human rights law in other states will therefore be included in this series. The intention is to offer an inclusive intellectual home for significant scholarly contributions to human rights law. Judicial Review, Socio-Economic Rights and the Human Rights Act.
In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.



The Shaming of Sexual Offenders

Edition: paperback

Author: Anne-Marie McAlinden

ISBN: 9781841135922

Publishers: Hart Publishing
Price: £30

Publication Date: April 2007

Publisher’s Title Information


Sex offenders, particularly those who offend against children, feature prominently in contemporary law and order debates.  Child sexual abuse is a small component of the broader category of 'gendered and sexualised violence' which causes significant trauma for victims, yet continues to evade conventional approaches to justice.  This is evidenced not only by the low number of prosecutions, due mostly to low levels of reporting and evidential difficulties at trial, but also by the failure of the justice system to prevent re-offending, largely due to the limited availability and effectiveness of prison treatment programmes.

Following Braithwaite's dichotomy of 'reintegrative' and 'disintegrative' shaming, this book argues that contemporary popular and state-led responses to the risk posed by sex offenders are largely disintegrative in nature.  At best, the offender may be labelled, stigmatised and ostracised from the community, while at worst, he may be subjected to violence and vigilante action and ultimately return to offending behaviour.  The failure of these retributive responses means there is considerable scope for exploring alternative forms of justice and their potential for improving the outcome for victims, offenders and communities affected by sexual offences.

This book examines the controversy of whether restorative justice can be applied to child sexual abuse as one of the most intractable of contemporary societal problems, and if so, what special considerations might apply.  Although restorative schemes with sex offenders are in short supply, a few initiatives have developed in Canada and parts of the United States which have effected significant benefits in 'reintegrative shaming.'  The book examines whether such ad hoc schemes may be of general application with child sexual abuse and whether they may be implemented on a more holistic basis.

The Author

Anne-Marie McAlinden is Lecturer in the School of Law at Queen's University Belfast.


Review

To name or not to name sexual offenders: that is the question. A question that has been troubling the minds of politicians, social workers, police, criminologists and academics for many years. To date no one has satisfactorily provided a solution.

When an individual has served a prison sentence it is normal practice for that person to be released into his former community.  But with sex offenders this presents a problem, partly because of the danger of vigilantes. The alternative is to move to another town where only the police are aware of his presence but, it is argued, should not the public also be warned they have a potential recidivist in their midst?  Should he be allowed to live near a school, a community centre, leisure centre and similar places frequented by children?  An alternative and perhaps more drastic solution that has been advocated is castration.

These and many other questions and possible solutions are posed by Anne-Marie McAlinden in her book "The Shaming of Sexual Offenders".  She explores in great depth, the use of shaming mechanisms with sexual offenders, particularly those who offend against children and considers whether a plethora of legislation has been effective; also whether prisons specialising in dealing with sex offenders offer a comprehensive treatment and therapy programme.  But sexual offenders have existed from time immemorial and the comment that “child sexual abuse and the management of offenders against children in the community have only been conceptualised as distinct social problems within the last two decades” is curious in view of the time such knowledge has been available.

In the 1970s and possibly even a decade earlier, some of the most obscene publications depicted child abuse, especially those arriving in the UK from Sweden and the Netherlands and often publicised by the late Mary Whitehouse, who’s voice was ignored.  At that time the question also arose as to whether any readers of the material were affected by the pictures and vivid descriptions.  But again, despite the fact that there were instances where convicted persons admitted that they had been influenced, it was only when cases hit the headlines that the appropriate authorities woke up to the dangers.

It is therefore curious that little research has been conducted into the effect of the material in European countries that produced the material. The Netherlands has the reputation of “sexual freedom” but despite that, it does possess relevant legislation and also has sexual offenders: so how does it deal with the matter?  The author states European countries were also late appreciating the problem.   Even so, it would have been interesting to compare the actions of, say, France, Germany, Italy and the Netherlands as to their methods of dealing with the offenders: experience has shown time and again that the US does not have the answer to every problem that arises. 

Despite these comments the book provides a readable history of events over the years and poses numerous questions and possible solutions.  This is an ongoing problem with apparently no end in sight.  Since the book’s publication there has been yet another attempt to solve the matter.  Photographs and details of ten sexual offenders who failed to report to police and whose whereabouts are unknown have been shown on the Internet and Television.  As stories serialised in magazines used to conclude: to be continued……

Iconoclast



The Constitution of the United Kingdom

A Contextual Analysis

Edition: Paperback

Author: Peter Leyland

ISBN: 1-84113-666-2 

Publishers: Hart Publishing

Price £12.95

Publication Date: March 2007

Publisher’s Title Information


This is the first book in the new series Constitutional Systems of the World, and as such launches what is set to become an invaluable resource for all students and teachers of constitutional law and politics.  The book provides an outline of the principles and doctrines which make up the United Kingdom constitution.  The chapters are written in sufficient detail for anyone coming to the subject for the first time to develop a clear and informed view of how the constitution is arranged and how it works.  The main themes include: a description of the history, sources and nature of the constitution; later chapters deal with: constitutional principles, the role of the Crown, Parliament and the electoral system, government and the executive, the constitutional role of courts including the protection of human rights, the territorial distribution of power between central, devolved and local government and the European Union dimension.  Secondly, the book offers an analytical discussion of the development of the constitution, its strengths and perceived weaknesses, and the on-going reforms aimed at modernising the UK constitution. The book is written in an accessible style, with an emphasis on clarity and concision. It includes a list of references for further reading at the end of each chapter.



Legal Responses to Trafficking in Women for Sexual Exploitation in the European Union

Edition: 1st

Author: Heli Askola

ISBN: 1-84113-650-6 / 9781841136509

Cover: Hardback

Publishers: Hart Publishing

Price £35.00

Publication Date: March 2007


Publisher’s Title Information

The phenomenon of trafficking in women for sexual exploitation, which in the last decade has changed from a marginal 'non-issue' to a legitimate concern in many parts of the world, has become familiar through newspaper coverage, and now, finally, legislators and law enforcement agencies have begun to act. In Europe many EU Member States now have (or are developing) at least some sort of anti-trafficking policies (with some of them in the forefront of global anti-trafficking efforts). Moreover, the EU itself has become markedly more active with regard to curbing trafficking in human beings, as part of its migration control and police and judicial co-operation functions.

However, even co-ordinated efforts such as those being worked on by the EU tend to produce only short-term 'cures' to a problem that is in truth global and structural in nature and which cannot be eradicated - or necessarily even significantly reduced - through policing and migration control measures alone. Too often there is little debate on broader measures which might be targeted to address the 'root causes' of trafficking, such as poverty, under-development, general lack of economic and migration opportunities and, above all, gender inequality.

Against this background, this book deals with present efforts to control trafficking in women for sexual exploitation. In doing so it examines claims that what is needed effectively to prevent and tackle trafficking is a 'comprehensive' approach, and at the very least one that is far more wide-ranging and coherent than what exists today, and also analyses the assertion that destination countries, and more specifically Member States of the EU, could and perhaps should, take more action against trafficking through regional co-operation, particularly in the framework of the EU, rather than as individual Member States.

The book will be of interest to a wide range of scholars in EU law, human rights, comparative law, sociology, feminist theory and politics, as well as policy-makers, practitioners and NGO activists in various European countries.

The Author

Heli Askola is a Lecturer in Law at Cardiff University.



Review

This book essentially argues that sexual services by prostitutes are a commodity and in the EU should be lawful under the EU Freedom of Movement: but that it is not.

The author says, “The lack of will to engage in any debate over whether or not the Union should play a role in addressing demand for sexual services is actually a manifestation of a broader problem. To say this is not to claim that the European Union is the problem rather than the solution as far as trafficking in women for sexual exploitation is concerned; rather we have to recognise the multiple ways in which the European Union is part of the problem in order to conceive of ways of making it a part of the solution as well”.

Framework Decision 2002/629/JHA, [2002] OJ L 203/1, largely reflects the UN Trafficking Protocol... Article 3 of the UN Trafficking Protocol states:” Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”

Paragraph 2 of the EU Council Framework Decision 2002/629/JHA simply copies the UN Trafficking Protocol, Article 3(b) on consent, but the EU Council Framework Decision introduces additional provisions such as the demand for sanctions against trafficking to be effective, proportionate, minimum, and maximum penalties.

The United Nations Trafficking Protocol established the first internationally agreed definition of the crime of trafficking in humans, but this book averts itself from the criminality of trafficking. Throughout the book, the term irregular immigration is used, rather than illegal immigration. It concentrates on the “freedom” of movement and states in Chapter 3, “Freedom after all, is a central and cross-cutting feature of European integration, whereas victims of trafficking are in some ways the personification of the un-free…”, claiming that trafficking is rarely extended to address the working of the Internal Market of the European Community. Yet, earlier parts of the book state that prostitutes are not necessarily passive victims of a patriarchal society and that prostitution is not always inherently exploitative, it can also be well paid. The writer argues that expansion of sex-industries in many countries is not due to natural male urges, but as in any market, to sex-business entrepreneurs who actively create and expand the demand for an ever-widening range of ‘sexualised’ services…

In examining prostitution in EU countries, the writer admits that Sweden has criminalised prostitution whereas in the Netherlands the ban on brothels was lifted in the year 2000. The writer missed a strong point in her argument by ignoring Germany where legalisation of prostitution is being considered and, as if the UK were not a member of the EU, the writer side-lined the UK situation altogether, (in the book, Wicked beyond Belief by Michael Bilton, (pg 306), he wrote that, in searching for the Yorkshire Ripper who murdered prostitutes some decades ago, police details of all known men regularly visiting prostitutes in West Yorkshire and Manchester alone, revealed that 21,000 males were “punting” prostitutes in one 18-month period alone, - thereby missing a strong argument to support the thesis. 

There are 900,000 to 1,000,000 trafficked prostitutes in the world, according to statistics by the US State Department. It would have been enlightening for the writer to tell us approximately how many of these are trafficked to the EU, as this would have strengthened the hypothesis that the EU should view trafficking under the Freedom of Movement of workers. The writer did however acknowledge that the service industries, especially the feminised sectors of care and domestic work, which absorb a large proportion of female migrants, are typically associated with informality and irregularity of working conditions.

I think that this academic exploration into trafficking of women for prostitution is a welcome addition to the list of scarce writings on the subject and will add to the debate.

Sally Ramage

May 2007




Juvenile Law Violators, Human Rights, and the Development of New Juvenile Justice Systems

Oñati International Series In Law And Society - No. 18

Edition: 2007

Author: Edited by Eric L. Jensen and Jørgen Jepsen

ISBN: 1-84113-636-0 / 9781841136363

Publishers: Hart Publishing

Price £22

Publication Date: October 2006


This volume brings together scholars and practitioners specialising in juvenile justice from the US and Europe alongside scholars from Africa and Asia who are working on human rights issues in developing countries or countries in transition.  The book presents two types of papers: descriptive and analytical academic papers on whole systems of juvenile justice or aspects of those systems (e.g., aftercare, restorative justice, etc.) and papers which deal with efforts to promote reform through international activity (PRI, DCI, DIHR), and through efforts to utilise modern theory in national reforms in developing countries (Malawi, Nepal, and Serbia) or in countries experiencing current or recent political and systemic changes or developments (South Africa, Germany, and Poland).  The volume is also intended to throw light on recent trends in juvenile crime in various countries, the relationship between actual developments and popular and political perceptions and reactions to such developments (including efforts to find alternatives to the incarceration of young offenders).  A streak of new moralism is clearly discernable as a counteracting force against more humane reform efforts.  The volume throws light on developments in the actual parameters of juvenile offending, public and political demands for security and public intervention, and measures to provide interventions which are at the same time compatible with international human rights instruments.

The Editors

Eric L. Jensen is Professor of Sociology, University of Idaho, Moscow, Idaho, USA.
Jorgen Jepsen is Senior Consultant at the Danish Institute for Human Rights, and Associate Professor Emeritus in Criminology at the University of Aarhus, Denmark.


LINKS