‘Hate’ crime has attracted intense debate, but surprisingly little has been written on how best t... more ‘Hate’ crime has attracted intense debate, but surprisingly little has been written on how best to draft and interpret hate crime legislation. The dominant conceptual models derive from US scholarship. Although valuable, they pay insufficient attention to principles of criminal law and to how hate crime law is perceived. This paper explores these problems through a discussion of legal approaches to, and lay perceptions of, racism, as embodied in the racially aggravated offence. It proposes a model which offers a more just alternative.
The Racial and Religious Hatred Act 2006 has a frenetic history. It is the culmination of six att... more The Racial and Religious Hatred Act 2006 has a frenetic history. It is the culmination of six attempts in Parliament in the last twelve years to make incitement to religious hatred unlawful.1 Each attempt has met with intense criticism. But now that the legislation is here, what may it achieve?
Flint J & Kelly J (eds.) Bigotry, Football and Scotland: Perspectives and Debates, 2013
There have been significant advances in understanding bigotry in Scottish football. In particular... more There have been significant advances in understanding bigotry in Scottish football. In particular, analyses of law and masculinity in the context of Scottish history and current affairs are opening new avenues of research (Hopkins 2009; Abrams 1999; Collier 1997). However, there has been a very limited focus upon the less visible impact that experiences of bigotry have on women in local communities. This chapter explores three key areas. Firstly, the current legal framework, including the failings and the merits of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012. This section examines public order law and how concepts of racism and religious prejudice have been judicially considered through their English equivalents (see the chapter by Hamilton-Smith and McArdle), incitement to hatred law and conceptions of sectarianism in Northern Irish law. It will consider how these concepts impact on women’s experiences. Secondly, the chapter presents findings and photographs from the authors’ exploratory photography and discussion project, carried out alongside a professional photographer and aimed at documenting women’s views and experiences of sectarianism in Scotland. Thirdly, the chapter concludes by examining how past and current law impacts on the relationship between gendered experiences within communities.
International Journal of the Sociology of Law , 1990
The differentiation of public and private is an enduring image in modern Western society and info... more The differentiation of public and private is an enduring image in modern Western society and informs much of the philosophy and the practice of contemporary law. It has been heavily criticised, yet even its critics have often, sometimes inadvertently, acknowledged its power to shape thoughts and institutions. The article considers the role of this distinction in law through a close analysis of the work of one of the dichotomy’s fiercest critics, Frances Olsen.
An Evaluation of the implementation and impact of section 1 of the Offensive Behaviour and Threat... more An Evaluation of the implementation and impact of section 1 of the Offensive Behaviour and Threatening Communications (Scotland) Act 2012
M. Goodwin & B-J Koops (eds.) Perspectives on Regulating Technologies, 2011
Most of the debate about online social networking sites, such as Facebook, has thus far revolved ... more Most of the debate about online social networking sites, such as Facebook, has thus far revolved around questions of privacy and access to personal information. Users of such services, should they choose to exercise them, have a myriad of privacy options that allow them to restrict access to their own personal information posted online, and the privacy policies of such sites are abundantly clear that the making of such choices is the responsibility of the users themselves. However, due to the focus resting upon these peer-to-peer privacy questions, those relating to the service provider-to-user relationship have been overlooked. This paper seeks to highlight some of the more subtle privacy issues of (what we will call) the 'Facebook debate' in terms of two main considerations: the access to and the control of personal information on the part of the provider.
Abstract: Existing studies of statutory interpretation are often of excellent quality but they ha... more Abstract: Existing studies of statutory interpretation are often of excellent quality but they have tended either to focus on legal practice to the detriment of comparative jurisprudence, or have examined legal reasoning at a level of abstraction which has made empirical study difficult. The author examines a recent development in this area and considers how it might be used to begin a project to identify any divergences in statutory interpretation among the various legal systems of Ireland and the United Kingdom.
Judicial roles are changing rapidly in the United Kingdom and the character of judicial decision-... more Judicial roles are changing rapidly in the United Kingdom and the character of judicial decision-making is adjusting alongside. Academic lawyers have been searching for
comparisons to draw from other legal systems but they have sometimes found it
difficult to classify their findings in a way which would throw light on the particular
circumstances of developments in the UK. It would be valuable, then, if comparative
lawyers were to construct a methodological framework which would allow us to
compare judicial roles among legal systems.
Ideally, the methods of statutory interpretation would be an intrinsic part of university legal e... more Ideally, the methods of statutory interpretation would be an intrinsic part of university legal education. In practice, however, although statute in everyday law has become ever more central, teaching of statutory interpretation has not developed alongside. Teaching staff in universities typically have to cover the topic in one or two lectures and the format does not encourage students to think the subject is important. This article describes an experiment in teaching statutory interpretation differently. It introduces Francis Bennion's NESSSI method and shows how students were encouraged to use this to see a complex and political House of Lords decision in an unexpected light.
The article responds to another article in this issue of the journal, ‘Human rights pitted agains... more The article responds to another article in this issue of the journal, ‘Human rights pitted against man (II) – the network is back’, by Jakob Cornides. It considers the arguments he puts forward regarding inaccuracy and lack of objectivity in an opinion and a report produced by two influential fundamental rights agencies of the European Union. It finds that the arguments are, for the most part, misconceived, but welcomes the opportunity for a debate on the larger issues raised by Cornides' contribution.
This chapter takes a jurisprudential look at the concept of judicial legitimacy in the UK. Its ai... more This chapter takes a jurisprudential look at the concept of judicial legitimacy in the UK. Its aim is to draw out connections. There is an interesting relationship between lawyers’ understanding of what makes a judge legitimate and the underlying principles of law and democracy which this understanding enshrines. The first part of the chapter examines the legitimacy of the judiciary as an institution. The second considers the conditions which must be met by individual judges.
Building the UK's New Supreme Court: National and Comparative Perspectives, OUP, 2004
It is often suggested that the judiciary in a modern democratic state should be representative of... more It is often suggested that the judiciary in a modern democratic state should be representative of the population which it serves. What amounts to ‘representation’, though, is an interesting question. In the UK, there is a constitutional convention that there are two Scottish Law Lords in the supreme civil court. What do these positions represent? Is it the legal system of Scotland, legal tradition or the Scottish nation? Similar questions need also to be asked about the practice of appointing a Law Lord from Northern Ireland.
‘Hate’ crime has attracted intense debate, but surprisingly little has been written on how best t... more ‘Hate’ crime has attracted intense debate, but surprisingly little has been written on how best to draft and interpret hate crime legislation. The dominant conceptual models derive from US scholarship. Although valuable, they pay insufficient attention to principles of criminal law and to how hate crime law is perceived. This paper explores these problems through a discussion of legal approaches to, and lay perceptions of, racism, as embodied in the racially aggravated offence. It proposes a model which offers a more just alternative.
The Racial and Religious Hatred Act 2006 has a frenetic history. It is the culmination of six att... more The Racial and Religious Hatred Act 2006 has a frenetic history. It is the culmination of six attempts in Parliament in the last twelve years to make incitement to religious hatred unlawful.1 Each attempt has met with intense criticism. But now that the legislation is here, what may it achieve?
Flint J & Kelly J (eds.) Bigotry, Football and Scotland: Perspectives and Debates, 2013
There have been significant advances in understanding bigotry in Scottish football. In particular... more There have been significant advances in understanding bigotry in Scottish football. In particular, analyses of law and masculinity in the context of Scottish history and current affairs are opening new avenues of research (Hopkins 2009; Abrams 1999; Collier 1997). However, there has been a very limited focus upon the less visible impact that experiences of bigotry have on women in local communities. This chapter explores three key areas. Firstly, the current legal framework, including the failings and the merits of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012. This section examines public order law and how concepts of racism and religious prejudice have been judicially considered through their English equivalents (see the chapter by Hamilton-Smith and McArdle), incitement to hatred law and conceptions of sectarianism in Northern Irish law. It will consider how these concepts impact on women’s experiences. Secondly, the chapter presents findings and photographs from the authors’ exploratory photography and discussion project, carried out alongside a professional photographer and aimed at documenting women’s views and experiences of sectarianism in Scotland. Thirdly, the chapter concludes by examining how past and current law impacts on the relationship between gendered experiences within communities.
International Journal of the Sociology of Law , 1990
The differentiation of public and private is an enduring image in modern Western society and info... more The differentiation of public and private is an enduring image in modern Western society and informs much of the philosophy and the practice of contemporary law. It has been heavily criticised, yet even its critics have often, sometimes inadvertently, acknowledged its power to shape thoughts and institutions. The article considers the role of this distinction in law through a close analysis of the work of one of the dichotomy’s fiercest critics, Frances Olsen.
An Evaluation of the implementation and impact of section 1 of the Offensive Behaviour and Threat... more An Evaluation of the implementation and impact of section 1 of the Offensive Behaviour and Threatening Communications (Scotland) Act 2012
M. Goodwin & B-J Koops (eds.) Perspectives on Regulating Technologies, 2011
Most of the debate about online social networking sites, such as Facebook, has thus far revolved ... more Most of the debate about online social networking sites, such as Facebook, has thus far revolved around questions of privacy and access to personal information. Users of such services, should they choose to exercise them, have a myriad of privacy options that allow them to restrict access to their own personal information posted online, and the privacy policies of such sites are abundantly clear that the making of such choices is the responsibility of the users themselves. However, due to the focus resting upon these peer-to-peer privacy questions, those relating to the service provider-to-user relationship have been overlooked. This paper seeks to highlight some of the more subtle privacy issues of (what we will call) the 'Facebook debate' in terms of two main considerations: the access to and the control of personal information on the part of the provider.
Abstract: Existing studies of statutory interpretation are often of excellent quality but they ha... more Abstract: Existing studies of statutory interpretation are often of excellent quality but they have tended either to focus on legal practice to the detriment of comparative jurisprudence, or have examined legal reasoning at a level of abstraction which has made empirical study difficult. The author examines a recent development in this area and considers how it might be used to begin a project to identify any divergences in statutory interpretation among the various legal systems of Ireland and the United Kingdom.
Judicial roles are changing rapidly in the United Kingdom and the character of judicial decision-... more Judicial roles are changing rapidly in the United Kingdom and the character of judicial decision-making is adjusting alongside. Academic lawyers have been searching for
comparisons to draw from other legal systems but they have sometimes found it
difficult to classify their findings in a way which would throw light on the particular
circumstances of developments in the UK. It would be valuable, then, if comparative
lawyers were to construct a methodological framework which would allow us to
compare judicial roles among legal systems.
Ideally, the methods of statutory interpretation would be an intrinsic part of university legal e... more Ideally, the methods of statutory interpretation would be an intrinsic part of university legal education. In practice, however, although statute in everyday law has become ever more central, teaching of statutory interpretation has not developed alongside. Teaching staff in universities typically have to cover the topic in one or two lectures and the format does not encourage students to think the subject is important. This article describes an experiment in teaching statutory interpretation differently. It introduces Francis Bennion's NESSSI method and shows how students were encouraged to use this to see a complex and political House of Lords decision in an unexpected light.
The article responds to another article in this issue of the journal, ‘Human rights pitted agains... more The article responds to another article in this issue of the journal, ‘Human rights pitted against man (II) – the network is back’, by Jakob Cornides. It considers the arguments he puts forward regarding inaccuracy and lack of objectivity in an opinion and a report produced by two influential fundamental rights agencies of the European Union. It finds that the arguments are, for the most part, misconceived, but welcomes the opportunity for a debate on the larger issues raised by Cornides' contribution.
This chapter takes a jurisprudential look at the concept of judicial legitimacy in the UK. Its ai... more This chapter takes a jurisprudential look at the concept of judicial legitimacy in the UK. Its aim is to draw out connections. There is an interesting relationship between lawyers’ understanding of what makes a judge legitimate and the underlying principles of law and democracy which this understanding enshrines. The first part of the chapter examines the legitimacy of the judiciary as an institution. The second considers the conditions which must be met by individual judges.
Building the UK's New Supreme Court: National and Comparative Perspectives, OUP, 2004
It is often suggested that the judiciary in a modern democratic state should be representative of... more It is often suggested that the judiciary in a modern democratic state should be representative of the population which it serves. What amounts to ‘representation’, though, is an interesting question. In the UK, there is a constitutional convention that there are two Scottish Law Lords in the supreme civil court. What do these positions represent? Is it the legal system of Scotland, legal tradition or the Scottish nation? Similar questions need also to be asked about the practice of appointing a Law Lord from Northern Ireland.
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Papers by Kay Goodall
comparisons to draw from other legal systems but they have sometimes found it
difficult to classify their findings in a way which would throw light on the particular
circumstances of developments in the UK. It would be valuable, then, if comparative
lawyers were to construct a methodological framework which would allow us to
compare judicial roles among legal systems.
Teaching staff in universities typically have to cover the topic in one or two lectures and the format does not encourage students to think the subject is important. This article describes an experiment in teaching statutory interpretation differently. It introduces Francis Bennion's NESSSI method and shows how students were encouraged to use this to see a complex and political House of Lords decision in an unexpected light.
The first part of the chapter examines the legitimacy of the judiciary as an institution. The second considers the conditions which must be met by individual judges.
comparisons to draw from other legal systems but they have sometimes found it
difficult to classify their findings in a way which would throw light on the particular
circumstances of developments in the UK. It would be valuable, then, if comparative
lawyers were to construct a methodological framework which would allow us to
compare judicial roles among legal systems.
Teaching staff in universities typically have to cover the topic in one or two lectures and the format does not encourage students to think the subject is important. This article describes an experiment in teaching statutory interpretation differently. It introduces Francis Bennion's NESSSI method and shows how students were encouraged to use this to see a complex and political House of Lords decision in an unexpected light.
The first part of the chapter examines the legitimacy of the judiciary as an institution. The second considers the conditions which must be met by individual judges.