At the core of this exploratory research project, which sets out to examine community supervision of men convicted of sexual offences, is the introduction and development of a new model; the Sex Offender Risk Management Approach (SORMA). Essentially, SORMA describes a system of multi-agency risk management of sexual offenders in the community, and in so doing, utilizes the most convincing, comprehensive and influential research, models and theories that contribute to current thinking about control and treatment of sex offenders. In this concerted attempt to develop, through research, a model which harnesses the established value of credible and valid methods of intervention, the reader will recognise elements originating from key strands of celebrated work. SORMA is not, however, a simple re-arrangement of these existing contributing components. Vital as they are, they undergo critical analysis and are challenged, at times with considerable rigour to identify evidence to support existing claims of efficacy. SORMA does not add further conjecture to the existing and, some may say, complacent quasi-therapeutic treatment orthodoxy; rather, it disturbs it, to provide a reconsideration of the aims and purpose of the work, finding a broader context in which to examine these existing intervention strategies. The political and professional values that underpin this work are considered as are the ethical boundaries of probation supervision. SORMA involves seven key components and each of these is explored in this work. The development of this model and the testing of it are detailed in the subsequent chapters. I will say no more about it at this point other than to invite the reader to consider these components together in their condensed form, for an oversight at this point will help to project the critical elements used to compose this research and fashion the outcomes. SORMA is: 1) Unambiguously concerned with Social Control 2) Clinical Treatment and Therapy 3) Situational Crime Prevention 4) Actuarial Risk Assessment and Management 5) Surveillance 6) Multi-Agency Collaboration 7) Maximisation of Legislative Authority. These components are examined in Chapters 1-3 where they withstand analysis to provide the foundation for SORMA. This is presented as layered discussion guiding the reader through each separate area, whilst constructing the framework of the model itself. In the subsequent chapters, SORMA is fashioned, applied and discussed. Appearing as it does in the final chapter SORMA, as a processual model, becomes a practice utility ripe for implementation and further development.

[Summary]: This thesis provides a comprehensive study of OPEC. It seeks to ascertain and analyse the international legal status of OPEC and its characteristics, to examine how OPEC functions and what its stated aims and objectives are, to evaluate the performance of OPEC in the context of these objectives, and to suggest improvements for the future. OPEC was originally established in 1960 by a group of developing oil-producing countries as an institutional response to the need which they all felt to assert their independence and ensure their economic survival. In this context Part One examines and analyses the general pre-history and overall background of OPEC from a variety of different perspectives including but not limited to such relevant areas as international conflicts over the distribution of wealth and power between producers and consumers in particular, and between the developing and developed countries in general. Part Two considers the constitutional legal foundations of OPEC which are to be found in the original OPEC Resolution of 1960 and in its subsequent OPEC Statute (as amended) which defines the Organisation's aims and objectives, its internal structure, its decision-making processes, its financial resources and its dispute settlement procedures. Part Three of the thesis enlarges on this initial survey by examining OPEC's structure, composition, organs and membership in greater detail. Part Four considers OPEC's international legal status and its standing vis-a vis the larger international community and other international organisations. Part Four also considers OPEC in the context of the internationally recognised principle of a state's right to exercise permanent sovereignty over its natural resources, and therefore of the OPEC Members' rights to organise the production, marketing and pricing of their oil resources. Part Four also explores the proposition that although OPEC may not have been founded with the express contemplation of such international legal and economic milestones as the Havana Charter and the General Agreement on Tariffs and Trade (GATT) in mind, it has in fact proved to be quite consistent with International Commodity Agreements (ICAs) in more than one respect, while at the same time displaying characteristics which are uniquely different from a typical ICA. Bearing the above in mind, Parts Five and Six seek to examine OPEC's track record since its inception thirty-eight years ago. Part Five examines the decision-making processes and financial contributions in OPEC, while Part Six then focuses on OPEC's actual policies and resulting activities - and their legal significance. Finally, Part Seven is concerned with a general evaluation of the main features and relative failures and successes of OPEC up to now, as well as with a conclusion as to its future role, including - in order to enhance that role - recommendations as to how OPEC's practices and policy could perhaps be improved in the years to come. (N.B.: A more comprehensive summary appears in the Abstract on pages xi - xiv. )

No description available.

The study examines the work of the coroner. The thesis is sociological in orientation and method, drawing where necessary from other disciplines, e.g. law, philosophy. The study concentrates upon the nature of coroners' categorisations and the production of the socially recognised 'facts of sudden death'. While detailed consideration is given to the inquest and inquest verdicts, the whole range of coroners' work is examined. Differing but complementary research methods are employed to yield essentially qualitative material. Existing sociological studies, e.g. of 'official statistics' and of suicide, are evaluated. Coroners' methods of ascribing meaning to sudden death are examined. An important aim is to render processes of construction 'visible' for sociological study.Part One (Chapters One and Two) opens with a review of theoretical issues in sociology. The methodology of the study is 'located' within sociological theory. Part One continues with an historical discussion of the office of coroner, and an outline of legislation and formal medico-legal procedure.Part Two (Chapters Three, Four and Five) forms the largest section of the study, consisting of material collected by field research, i.e., interviews with the coroners of five counties, systematic observation of inquests, and unpublished/published statistics. Provisional conclusions are discussed as the study progresses, covering topics which include, inter alia: discretionary authority; the inquest as court of law; the differing perceptions of individual coroners; the relevance of historical factors; the Press; methods of constructing the verdict; the roles of doctors, pathologists and police; social control; official statistics; and historical and geographical statistical variations.Part Three (Chapters Six and Seven) draws overall conclusions about coroners' accounts of sudden death. It places coroners work within bureaucratic and ideological contexts. The work of the coroner is situated in terms of the ways society conceives of and deals with death as a whole.Two short appendices add further statistics and further methodological details.

This thesis examines the question of international responses to system criminality. It argues that the assignation of moral responsibility, expressed in the act of prosecuting individuals, expresses a fundamental conceptual shift towards an international polity. Although political rhetoric, the media and international legislation express the moral dimension of system criminality, the character of humanitarian law and the contingency of its operation is the most concrete indicator of such a development. The status of an embryonic international polity becomes particularly evident- with 'individual responsibility' being a criminally liable offence, as set against 'collective responsibility' which entails 'civil', (non-penal) liabilities. However, the principle of individual criminal responsibility, and therefore the expression of a nascent international polity, is by no means as well developed as it may appear because the moral consensus necessary to fully support this shift is still undeveloped. A thoroughly radical re-orientation to a potential international polity had not fully arrived with the Nuremberg Principles and a paucity of individual prosecutions for system crimes indicates the limits of this development. Nevertheless, the contribution to knowledge of this thesis lies in its finding that with the radical developments of criminal tribunals and the International Criminal Court there has been a qualitative shift in the structure of international legal norms.

The purpose of the research was to explore the theoretical models which social workers applied to the understanding of adolescents coming before the juvenile court for troublesome behaviour; and to ascertain whether different models were applied to the behaviour or family situation of black and white adolescents. The study examined the use of models derived from psychology and sociology, and considered the influence of moral values and cultural stereotypes, both within the previous research tradition in this subject, and as possible underpinning to the social workers' use of theory. A sample was drawn of 93 adolescents committed to care in London under Section 1(2)(c-f) or 7(7) of the 1969 Children and Young Persons Act. Data was taken from social work reports on the children's behaviour and family background. Analysis focussed in detail on those adolescents who had been committed to care within 18 months of referral to the social services department, and from this group a sample of 22 matched pairs of black and white children (44 children) was selected for detailed content analysis of the social workers' reports to the court. The research attempted to develop grounded theory to aid the sociological understanding of the substantive problem, and refine the understanding of three relevant sociological models: the marginal position of black social work clients in a white-dominated professional culture; the stigmatisation of social work clients, especially those from ethnic minorities; and the use of social work as a means of social control. Results suggest that social workers' use of theory is more complex than previously thought, with differential strategic use of psychology and sociology in open court and confidential file reports, and when dealing with particularly sensitive subjects such as race. Social workers developed a form of composite theorising which blended sociology and psychology in a coherent whole to meet the complexity of an observed situation. This reflects the impossibility of seeking a whole explanation within any single, pre-paradigmatic discipline. Doubts were also cast on the usefulness of sociological models of marginality, which could not be demonstrated by systematic analysis, as distinct from the use of selective examples. The use of stigmatising mechanisms could be demonstrated. The issue of social control emerged as a multi-faceted negotiating process rather than as a direct two-way struggle between the powerful and the powerless.

The subject of this study is long-term, contract-based relationships, demonstrated through a variety of cases in the music industry. An alternative legal approach, the hypothetical doctrine of unconscionably constructed contracts, is propounded, compared with existing law and tested against prominent and recent cases. Observational knowledge gained over fifteen years of experience and contact with writers, performers, managers, agents and lawyers, led to the study. Thus, that industry was specifically considered, although there may be other industries where the concept could be applied. Because the relationships discussed are vulnerable to breakdown causing costly litigation, current rules and doctrines may fall short of providing adequate advice and governance to a needy business class. Whatever the outcome, judicial ruling and cost to the various parties, cases with similar root cause and argument recur time and again, decade after decade. Neither side, creative nor corporate appears to learn enough from experience. Their inability to understand guidance and governance offered by the law is examined, as are other possible reasons for their apparent recalcitrance. Relevant areas of contract law are found to be undue influence, restraint of trade and inequality of bargaining power. Underlying judicial concern over public policy and unconscionable behaviour is recognised as important. Combined with the study of contract law theory and practices, is an examination of the nature of the parties, creative and corporate. Economic, personal and commercial factors which influence their behavioural patterns have been analysed. Economics analysis methodology combined with behavioural and personality analysis has led to an understanding of those aspects of long-term contractual conduct which are often the cause of relational breakdown. The music industry is seen to be receptive to improvements offered by thoughtfully structured law. The parties anticipate intervention and attempt to utilise rules of law in building and severing their obligation to each other. Therefore, it is believed here that the hypothetical doctrine offered would give tighter definition, resulting in better practice in the preparation of contracts and reduce the frequency of costly litigation.

This study engages in a conceptual analysis of human rights in Islam and international law, and the application of this analytical discourse to explore the nature of women's human rights in the Islamic tradition. It has been argued that women's human rights in Islam are not entirely irreconcilable with current formulations of international human rights instruments emanating from the United Nations. The basic premise of the argument stems from a recognition that the Islamic legal tradition is not a monolithic entity. On the basis of its main sources, namely the Quran, Hadith, Ijma and Qiyas, Islamic law lends itself to a variety of interpretations that have far reaching implications for women's human rights in Islam. (Part I)A further factor raised in this study is the disparity between the theoretical perspectives on women's human rights, and, its application to Muslim jurisdictions determined by elements of cultural practices, socio-economic realities and political expediencies on the part of governments. The present study uses the example of Pakistan to demonstrate the divergence between theory and practice of Islamic law in these jurisdictions. The concept of what has been termed an emerging 'operative' Islamic law, consisting of a combination of elements including principles of Islamic law, secular codes of law and popular custom and usage has also been introduced. (Part II)Part III of the thesis is devoted to an evaluation of the development of the international norm of non-discrimination on the basis of sex and some 'Islamic' human rights documents affecting women's human rights. The analysis provides an insight into the response of Muslim States to international human rights instruments affecting women through a discussion in the light of reservations to the Women's Convention. The study concludes by posing the question whether a move towards convergence between international and Islamic schemes of women's human rights is discernible or not.

This Thesis will consider the development of the traditional bill of lading from its origins, which appear to be much older than previously considered, up to the present day. The development of the bill of lading will be examined in order to answer basic questions: what is a traditional bill of lading, and what functions does it perform. In Part I of the Thesis the development of the three main functions of the traditional bill will be considered, namely receipt, contract, document of title. It will conclude with observations on the nature of the traditional bill of lading and how it differs from the early form of the bill of lading. Part II of the Thesis will then consider the development and nature of related shipping documents (charterparty bills, received for shipment bills, non-transferable bills), how far these documents perform the functions of the traditional bill of lading, and whether they can be truly described as bills of lading. Part II will then go on to consider the development and nature of electronic bills of lading and assess how well such bills perform the functions of the traditional bill of lading. The Thesis will conclude that although most of the functions of the traditional bill are in effect performed by electronic bills, electronic bills are in fact a new type of bill of lading and not merely a traditional bill in an electronic format. Conclusions will then be drawn as to what effect the development of new types of bill of lading will have on the future of the traditional bill of lading in the maritime industry.

This study focuses on the probation service and the changes that are impacting on this part of the criminal justice system. It develops a theoretically distinctive approach, drawing on the literature of gender and organisations, in order to investigate issues relating to the organisational structures and processes experienced by male and female probation officers in three disparate probation areas in England. The opening two chapters examine the development of the organisation in terms of the hierarchical roles within the service and the gendered distribution of probation officer staff across the various grades. This review provides a unique understanding of the changing composition of the probation service and enables a gendered perspective to be applied to its history. Within this context issues of professional identity and autonomy, the value base and working practices of probation officers, and the shift from local to centralised control are scrutinised from an analytic position which identifies the embeddedness of gender within this organisational setting. The framework of a reflexive approach interweaves gendered issues from the quantitative findings with qualitative responses from interviews with male and female probation officers and participant observation within different working environments. New perspectives are gained on the shift from local to Home Office direction of the service, and into the abandonment of the social work qualification and ethos. Moreover, the complexities of working relationships and professional identities are opened up from a gendered viewpoint. In this respect the study addresses the absence of gender within other research in this area and concludes that a gendered analysis is of critical importance in understanding the extent of organisational change within the probation service.