The last year has seen a revolt against the recommendations of the Zellick Report (1994) in England and Wales, and pressure on universities worldwide to bring serious criminal conduct within their own disciplinary structures. This paper examines the reasons why the Zellick Report advised against this, and why higher-education institutions have now turned their back on a number of its recommendations. Factors including student pressure and concerns about low conviction rates for sexual offences in the criminal courts have been cited, but this paper argues that universities will struggle to create a disciplinary system that is fair to both those who are accused of such offences and those who have been victims of them. A recent Universities UK report has reversed the Zellick guidance that conduct amounting to a serious criminal offence should never be pursued under university disciplinary structures. Drawing on both authors’ experiences as practitioners, and using the first author's experience of university disciplinary matters as a case-study, this paper reviews the practical problems of bringing such serious conduct under university disciplinary structures, focusing particularly on the intersection of criminal and internal disciplinary proceedings. It concludes by suggesting possible ways of ameliorating these.

Since the late 1980s, following the transition to democratic rule in Latin America, criminal courts all over the continent have been going through a process of continuous reform. Reformers introduced an adversarial-based procedural system, arguing that it would guarantee due process and greater transparency and accountability. However, in recent years, the emphasis of this reformist narrative has changed from expanding defendants' rights towards improving the efficacy of the system. This paper explores how the original principles of transparency and accountability have been upheld in criminal courts in one of the first areas of jurisdiction to implement those changes: the Province of Buenos Aires. Based on an analysis of data from forty-five in-depth interviews with key informants and court observations, this paper explores how the reforms developed a managerial rationality in criminal courts that may undermine the due process in Latin American jurisdictions that have undergone similar democratic reform processes.

This paper will evaluate the obstacles faced by victim-survivors of historical abuse, particularly victim-survivors of forced labour in Magdalene Laundries in Ireland and the stolen wages of Australian Aborigines and Torres Strait Islanders, in a post-colonial transitional justice framework. First, the paper identifies challenges in contextualising comparative interdisciplinary historical research in terms of transitional justice. Second, the paper considers the economic contribution of unpaid labour in the Australian and Irish contexts and, third, goes on to examine the historical denial of rights and redress in both settings. The paper then evaluates the different challenges in responding to legacies of historical abuse, especially unpaid wages in both states. A final section concludes with the argument that redress provided in both instances represents a form of paternalism perpetuating the colonial approach to governance, rather than the provision of the legal rights of citizens, and that this paternalism has specific implications for women who continue to be marginalised by contemporary regimes.

The impact of H.L.A. Hart's The Concept of Law on modern legal thinking is undisputed. But does it reflect the reality of the way British institutions work? In Concept, Hart argued, amongst other things, that one of two ‘minimum conditions necessary and sufficient for the existence of a legal system’ was that ‘its rules of recognition specifying the criteria of legal validity and its rules of change and adjudication must be effectively accepted as common public standards of official behaviour by its officials’. In this paper, we begin the process of testing that statement empirically. Specifically, we ask whether non-judicial UK officials have a uniform view of what the rules of recognition, change and adjudication are, and whether they uniformly take an internal point of view towards them (i.e. whether they accept the rules and do not merely obey them). By way of a pilot study, thirty non-judicial UK officials were interviewed. Those officials comprised currently serving and retired senior civil servants, senior military officials, chief constables and local authority chief executives. The findings of the pilot study are presented in this paper. They allow us to deduce that Hart's statement might well be an inaccurate and incomplete description of the modern British constitution, and to comment on the implications of that conclusion.

After the Second World War, the British military organised 131 war crimes trials in Singapore, which served as the base for British war crimes investigations in Asia. These trials brought together diverse participants-judges and counsel from the UK, India, and other Allied countries; accused persons from Japan, Korea, and Taiwan; defence counsel from Japan; and witnesses from all over Asia. The majority of defendants in these trials did not deny their involvement in the war crimes concerned; instead, these defendants argued that their conduct was consistent with Japanese norms, beliefs and practices. This article explores trial participants' varied and contested interpretations of the culturally influenced arguments put forward by the defence.

The existing legal definition of rape in England and Wales is gendered, only recognising men as offenders. The law also only recognises as victims of rape those who are penetrated by a penis, either vaginally, anally or orally. This therefore excludes the female perpetrator–male victim paradigm, and more specifically those cases where male victims are ‘forced to penetrate’ female perpetrators. This paper argues that consideration needs to be given to legally recognising and thus labelling forced-to-penetrate cases as rape. Applying a methodology that draws upon the lived experiences of male victims, it is argued that there are significant similarities between compelled-penetration cases and those cases legally recognised as rape, not only because they both involve non-consensual penile penetration, but because there are clear similarities in the aggressive strategies used by perpetrators and the subsequent harms experienced by victims.

This paper examines the intersection between a distinctly Canadian legal culture and the legal architecture, symbolism and iconography of its Supreme Court building in Ottawa. I begin from the premise originally put forward in Resnik and Curtis’s study of legal architecture. I proceed with an analysis of the Court’s history, aesthetic and decorative elements, geography and design, artistic and legal vision of the architect, and the social, political and historical contexts in which it was created, as well as key legal and constitutional concepts embodied by the Court’s legal architecture and a comparative analysis with another courthouse in Montreal (the Édifice Ernest Cormier). The paper demonstrates that the challenges of creating a courthouse that reflects the legal traditions and evolving social norms as well as the aspirations of a dynamic, democratic and pluralistic society are almost impossible. It remains a problematic question whether the image of justice that the Court evokes to the observer is the most ‘eloquent three dimensional representation of the role the Supreme Court has assumed in the life of the nation’ (Canada and Supreme Court, 2000, p. 207).

This paper combines an empirical analysis of national and international attempts to deal with the problem of poverty in China with a normative analysis of capability theory, as developed by Amartya Sen and Martha Nussbaum. In this way, it attempts to highlight the centrality of normative approaches to poverty and its elimination. The paper is in five parts. Section I analyses the history, development and effectiveness of social assistance under the Minimum Living Standards Scheme (MLSS) in China; Section II provides an outline of capability theory; Section III analyses the history, development and effectiveness of the United Nations Development Program's (UNDP) Millennium Development Goals, with a focus on the elimination of poverty in China; Section IV emphasises the importance of a capability approach to the measurement of poverty and outlines what needs to be done to reduce poverty in China; while Section V discusses what still needs to be done to promote an effective anti-poverty strategy in China.