Yes / In the past ten years or so there has been a growing concern that the treatment needs of Black and Minority Ethnic (BME) sex offenders in prison are not being appropriately met. Underpinning this concern is the continued under representation of BME sex offenders on the Sex Offender Treatment Programme (SOTP). Although some research has been undertaken into how BME prisoners experience the SOTP and in to its ostensible effectiveness with BME sex offenders, little is known about why the take-up of the SOTP is poor with this group. In this paper we first consider some specific demographic issues that need to be understood in order to reflect more widely on the BME sex offender in prison. We then summarise what is currently known about effective practice with this group, thereafter we consider, in turn, current provision for BME sex offenders in England and Wales and suggestions for developing practice with this group of men. However, before we turn to these issues, it is important to consider briefly issues of terminology. Terminologies in relation to ethnicities and race are fraught with conceptual difficulties. Aspinall has highlighted the limitations of `pan-ethnic¿ groups, such as `BME¿; such groupings are `statistical collectivities¿ and `the groups thus defined will be nothing more than meaningless statistical collectivities that do not represent any of the constituent groups within the term.¿ . However, at the outset of this paper we use the collective term BME - this term is currently used by a number of Government Departments in the UK, including the Prison Service. Later we suggest that a more sophisticated understanding of ethnic cultures may be necessary to develop practice with BME sex offenders.

This thesis examines various aspects of English and Canadian charity law in terms of their relationship with the contested categories of ‘public law’ and ‘private law’. It argues that the law of charities can be regarded as a hybrid legal discipline in both a general or categorical sense, and in the context-specific or functional sense that both the conditions for obtaining charitable status, and the regulation of the conduct of charities and their trustees, are continually being adjusted in such a way as to maintain in a broad sense a functional equilibrium between individual project pursuit and collective project pursuit; that is to say, an equilibrium between the protection of the autonomy of property-owning individuals to control and direct their own wealth, and the furtherance of competing public interests or visions of the good. After sketching out the history and nature of the common law charities tradition and the contemporary English and Canadian regulatory regimes, the thesis pursues its analytical and comparative hypotheses by examining two important features of English and Canadian charity law, the public benefit doctrine and the rules of locus standi that determine who may seek relief for misapplications of charity property. It then addresses the comparatively modern issue of the governmental co-optation of charitable resources, considering to what extent modern pressures associated with the retrenchment of welfare states threaten to destabilize charity law’s hybrid equilibrium in EW and Canada. The thesis then turns to the emerging phenomenon of social enterprise, arguing that shifts to charity law’s functional equilibrium may explain the emergence of this ‘post-charitable’ legal form. The thesis concludes with some observations on the hybrid nature of the law of charities, and on the different functional equilibriums between individual project pursuit and collective project pursuit that have been reached by English and Canadian charity law.

Consent is a concept used frequently and with great significance in a wide array of legal fields. It serves to regulate relationships, legitimize authority, delimit normality, and entrench idealized ways of being in the world. Yet despite the consequence of these functions, there is very little precision within legal scholarship about just what consent is. Few investigations of its definitional content depart from presumptive statements about personal autonomy. These associations are often described as the ‘common sense’ of consent and serve to secure a foundationalist discourse about what consent is, rendering alternative conceptions of its meaning or functions unintelligible. This is perhaps best evidenced in more critical approaches to consent, where despite widespread acknowledgement of the concept as a legal and political fiction, its status as a signifier of autonomy is maintained. This creates an imperative to move beyond the notion of consent as merely an illusion, to an understanding of it as something more operative. Not only does the story of autonomy that is told about consent obscure the social realities of inequality, difference, and subordination that might threaten a notion of a homogenous citizenry (and thus, governmental action made in its name), but it also conceals the historically specific conditions of existence which have brought consent’s ‘common sense’ story of autonomy into being. This thesis explores how this dominant narrative of consent, while producing certain ‘ideal’ subjectivities, also necessarily produces subjectivities which don’t fall within the ambit of consent. Moreover, this project asks what is achieved when the meaning of consent is positioned as a matter of ‘common sense’? What does its apparent transparency keep obscure? In contrast to conventional approaches to consent, this project positions consent as an historical artefact rather than a concept with doctrinal, cognitive, or communicative certainty and seeks to investigate its operations across legal fields rather than strictly within them. This includes an examination of consent to sex, the doctrine of informed consent in medical jurisprudence, and the defence of consent to assault in professional sporting contexts. Further, the project engages in a ‘juridical genealogy’ of consent, studying its use in three vastly different historical periods in search of how it might perform different socio-political functions than understandings of its role within contemporary medical and criminal law suggest it should. How these counter-narratives of consent serve to challenge the dominant autonomy story are investigated for what they reveal about the frames of cultural and legal intelligibility at work in consent law today.

This thesis examines the rationale for religious liberty in England and Wales. Currently, United Kingdom religious liberty literature shows very little sustained interrogation of the topic. Authors are likely to assume religious liberty is, most notably, a species of personal autonomy. This fails to explain why we should care about religious liberty and deepens religion’s privatisation, its separation from politics or public life. Drawing from a theological sensibility known as Radical Orthodoxy (RO), this thesis criticises current assumptions and argues that religious liberty discourse should be re-envisioned. The Introduction and Chapter One explore the current problems facing religious liberty discourse and map rationales given by prominent authors. Chapter Two argues that the main problem is that current discourse is shaped by a secularisation narrative: the differentiation of religious and secular spheres. Chapter Three relates the RO argument that this differentiation is underpinned by three themes, all of which have theological components: the rise of secular order as the protection of individual rights; the invention of private religion in modernity; and the contemporary shift to 'authenticity' or diffuse individual experiences as the hallmark of religion. Chapter Four contends that these three themes are echoed in religious liberty discourse and jurisprudence, leaving us with the question of why religious liberty matters. Chapters Five and Six explore the RO-influenced alternative, in theory and with reference to common questions in religious liberty discourse: the relationship between an individual claimant and the group; the reality of plural religious traditions; and the tension between sexual orientation non-discrimination and religious liberty. On the RO-influenced account, religious liberty concerns, against sphere differentiation, a commitment to the flourishing of multiple groups contributing to desirable social ends, understood ultimately as participating in the life of 'charity', the love of God and of others. This encapsulates two themes, both rooted in the Christian tradition: judgement against politics (as reflected in the secular order), and transformation of society along social pluralist lines. These two themes, the thesis argues, better explain why religious liberty matters.

No description available.

In the contemporary political world order that continues to be structured by the principle of national sovereignty, states remain the most important instrument for the delivery of rights. If we want to understand how human rights can be realized in practice, we therefore have to study the conditions and processes of their institutionalization on the state level. While the United Kingdom was relatively slow, compared to other western European democracies, in the domestic institutionalization of international human rights norms and standards, governments in Britain have between 1998 and 2008 created a complex human rights regime that still awaits a comprehensive analysis and assessment. This thesis fills that gap. Focusing on the Human Rights Act as the legal centerpiece, the Joint Committee on Human Rights as the parliamentary scrutiny body, and the Equality and Human Rights Commission for Great Britain as the largest human rights commission, this thesis examines the extent to which the British Human Rights Regime has contributed to the institutionalization of human rights in the UK. To that end, it develops and deploys the sociological ideal type of the human rights state as a qualitative analytical framework and as an external benchmark that is able to integrate the legal, political, and wider societal dimensions of effective human rights institutionalization. Based on the thematic analysis of case law, official documents and elite interviews with public officials, this thesis argues that the Human Rights Act, the Joint Committee on Human Rights and the Equality and Human Rights Commission have contributed to a significant institutional change in the domestic recognition and protection of human rights. They have introduced new rights norms and safeguards into British law, established new mechanisms for judicial and political rights review, and brought about important legislative and policy changes. Yet, their efficacy suffers from structural limitations that have been imposed so as not to fundamentally disturb the concentration of political power in the executive which is preserved by the constitutional doctrine of parliamentary sovereignty. In the Westminster system of parliamentary government, this doctrine continues to allow the executive to dominate the legislative process without strong constitutional human rights safeguards that would be domestically enforceable against primary legislation. While the preservation of parliamentary sovereignty was a key political requirement that enabled progress to the present state of domestic human rights institutionalization, it also prevents the sustainable entrenchment of human rights as fundamental and universally binding norms for the legitimate exercise of all juridical, legislative and executive state power, thereby leaving the British Human Rights Regime at permanent risk of abolishment or degradation.

This thesis entitled, A Comparative Study of Paralegalism in Australia, the United States of America and England and Wales, examines the role that paralegals play in the delivery of legal services and the educational opportunities that are available to support that role in Australia as compared to England (and Wales) and the United States of America (US). As in other parts of the common law world it is accepted in Australia that not all work which is of a legal nature is performed by qualified legal practitioners. This is despite a rigid demarcation between qualified lawyers and other legal workers. The structure and regulation of the legal profession have an impact in determining the nature of paralegalism in Australia. The legal profession’s monopoly in Australia is, however, confined to the right of appearance in a court of law and to the preparation of certain documents for reward, which leaves a vast field of legal tasks open to performance by other workers, including paralegals. The legal profession is facing many challenges in the twenty first century, including the need to deliver better and cheaper legal services. Paralegals, as part of the legal service industry, are affected by the same tensions but are well placed to contribute to a more “streamlined” practice and to assist in providing greater access to justice for many disadvantaged Australians.This thesis explores the difficulties for Australian paralegals given that there is little formal recognition of, or status accorded to, the paraprofession. Indeed, the word paralegal is not easily understood nor widely used and this translates into uncertainties as to qualifications, market position and function to provide a definition and to determine the parameters of the profession. Paralegals work in a variety of legal environments which include, but are not limited to, working in private legal practices where they are supervised by lawyers.Further, in order to achieve recognition and to make a meaningful contribution to legal service delivery, paralegals require specialist education. This thesis examines the educational opportunities which are available to paralegals in Australia and makes recommendations as to future accreditation based on appropriate qualifications and experience.In order to gain further insight, comparisons are made between the role that paralegals play in the delivery of legal services in two other common law jurisdictions and Australia. Paralegals play a significant role in the delivery of legal services in the US, where many states constitute bigger jurisdictions than the whole of the Australia. American paralegalism has a twenty year “head start” on that of Australia and it is reasonable to anticipate that their challenges will mirror ours in the future. England, on the other hand, has a legal system very close to our own and the examination of paralegals in both England and Wales has revealed both similarities and differences to our Australian experience, both of which inform the research.

This thesis entitled, A Comparative Study of Paralegalism in Australia, the United States of America and England and Wales, examines the role that paralegals play in the delivery of legal services and the educational opportunities that are available to support that role in Australia as compared to England (and Wales) and the United States of America (US). As in other parts of the common law world it is accepted in Australia that not all work which is of a legal nature is performed by qualified legal practitioners. This is despite a rigid demarcation between qualified lawyers and other legal workers. The structure and regulation of the legal profession have an impact in determining the nature of paralegalism in Australia. The legal profession’s monopoly in Australia is, however, confined to the right of appearance in a court of law and to the preparation of certain documents for reward, which leaves a vast field of legal tasks open to performance by other workers, including paralegals. The legal profession is facing many challenges in the twenty first century, including the need to deliver better and cheaper legal services. Paralegals, as part of the legal service industry, are affected by the same tensions but are well placed to contribute to a more “streamlined” practice and to assist in providing greater access to justice for many disadvantaged Australians.This thesis explores the difficulties for Australian paralegals given that there is little formal recognition of, or status accorded to, the paraprofession. Indeed, the word paralegal is not easily understood nor widely used and this translates into uncertainties as to qualifications, market position and function to provide a definition and to determine the parameters of the profession. Paralegals work in a variety of legal environments which include, but are not limited to, working in private legal practices where they are supervised by lawyers.Further, in order to achieve recognition and to make a meaningful contribution to legal service delivery, paralegals require specialist education. This thesis examines the educational opportunities which are available to paralegals in Australia and makes recommendations as to future accreditation based on appropriate qualifications and experience.In order to gain further insight, comparisons are made between the role that paralegals play in the delivery of legal services in two other common law jurisdictions and Australia. Paralegals play a significant role in the delivery of legal services in the US, where many states constitute bigger jurisdictions than the whole of the Australia. American paralegalism has a twenty year “head start” on that of Australia and it is reasonable to anticipate that their challenges will mirror ours in the future. England, on the other hand, has a legal system very close to our own and the examination of paralegals in both England and Wales has revealed both similarities and differences to our Australian experience, both of which inform the research.

This thesis entitled, A Comparative Study of Paralegalism in Australia, the United States of America and England and Wales, examines the role that paralegals play in the delivery of legal services and the educational opportunities that are available to support that role in Australia as compared to England (and Wales) and the United States of America (US). As in other parts of the common law world it is accepted in Australia that not all work which is of a legal nature is performed by qualified legal practitioners. This is despite a rigid demarcation between qualified lawyers and other legal workers. The structure and regulation of the legal profession have an impact in determining the nature of paralegalism in Australia. The legal profession’s monopoly in Australia is, however, confined to the right of appearance in a court of law and to the preparation of certain documents for reward, which leaves a vast field of legal tasks open to performance by other workers, including paralegals. The legal profession is facing many challenges in the twenty first century, including the need to deliver better and cheaper legal services. Paralegals, as part of the legal service industry, are affected by the same tensions but are well placed to contribute to a more “streamlined” practice and to assist in providing greater access to justice for many disadvantaged Australians.This thesis explores the difficulties for Australian paralegals given that there is little formal recognition of, or status accorded to, the paraprofession. Indeed, the word paralegal is not easily understood nor widely used and this translates into uncertainties as to qualifications, market position and function to provide a definition and to determine the parameters of the profession. Paralegals work in a variety of legal environments which include, but are not limited to, working in private legal practices where they are supervised by lawyers.Further, in order to achieve recognition and to make a meaningful contribution to legal service delivery, paralegals require specialist education. This thesis examines the educational opportunities which are available to paralegals in Australia and makes recommendations as to future accreditation based on appropriate qualifications and experience.In order to gain further insight, comparisons are made between the role that paralegals play in the delivery of legal services in two other common law jurisdictions and Australia. Paralegals play a significant role in the delivery of legal services in the US, where many states constitute bigger jurisdictions than the whole of the Australia. American paralegalism has a twenty year “head start” on that of Australia and it is reasonable to anticipate that their challenges will mirror ours in the future. England, on the other hand, has a legal system very close to our own and the examination of paralegals in both England and Wales has revealed both similarities and differences to our Australian experience, both of which inform the research.

This thesis examines the relationship between the private enforcement of EU competition law and forum shopping with a particular focus on cross-border collective end-consumer redress. There is no coherent framework across the EU for these types of cases. This lack of uniformity has the potential to create recourse to different national courts. Lawyers may engage in forum shopping when filing lawsuits on behalf of the victims of mass torts. Such practices can provide Member States with incentives to amend their laws to attract collective proceedings and create competition between national judicial systems. However, forum shopping is not the only concern. There appears to be a paucity of cross-border collective claims. This is coupled with an apparent lack of motivation for end-consumers to seek a remedy, particularly if the only choice is to litigate outside their own legal regime. Addressing this situation is vital given that end-consumers regularly suffer harm in the form of higher prices, lower output, reduced quality and limited innovation as a result of antitrust infringements but they are rarely compensated due to legal and practical obstacles. To each end-consumer the harm may indeed be de minimis. However, the aggregate harm can amount to a considerable sum. In the absence of effective redress procedures, infringing undertakings retain the spoils of their unlawful conduct. Against this background, this thesis examines the extent to which the conflicts-of-laws rules encourage forum shopping and considers the appropriate forum and the appropriate procedural measures that need to be adopted in order to facilitate effective and equal access to justice for end-consumer victims of EU competition law violations.