The Mental Capacity Act 2005 came into force in England and Wales in 2007. Its primary purpose is to provide “a statutory framework to empower and protect people who may lack capacity to make some decisions for themselves.” Examples of such people are those with dementia, learning disabilities, mental health problems, and so on. The Act also gives those who currently have capacity a legal framework within which they can make arrangements for a time when they may come (...) to lack it. Toward this end, it allows for them to make advance decisions or to appoint proxy decision makers with lasting powers of attorney. (shrink)

Major reforms via the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 and subsequent reforms have reduced the legal aid budget and the scope of eligibility in criminal as well as civil cases. According to Mansfield et al., the principles of justice that embody the legal aid provision has been neglected by governments for over a decade and as such; created a gap that emasculates the most vulnerable in society, such as recipients of legal aid. This study employs (...) an interview-based approach to investigate alternative perspectives in terms of the cuts and widespread impact on service providers in England and Wales, such as barristers, and solicitors. Detailed qualitative data were collected to provide insights into the diminishing legal aid scheme through the lived experiences of both civil and criminal legal aid providers. The study examines the concerns of service providers regarding their future as public defenders and the future of the judicial system post-LASPO 2012, focusing on safeguarding the rights of individuals facing litigation and ensuring that newly qualified lawyers are not deterred from public defence roles due to the long-term effects of ongoing legal aid cuts. (shrink)

Drawing on 38 in-depth, qualitative interviews, this article explores how people working in the equality sector in England and Wales view and use the current law around sex and gender, and how they imagine law’s future, particularly potential decertification, where the state would withdraw from certifying and regulating a person’s sex/gender. Whilst situated in the bureaucratic strand of the literature, the paper also contributes to wider legal consciousness studies. This literature has generally focused on people’s relationships to law (...) in terms of domination, alienation and game-playing. Drawing on idioms and the language of touch, the paper unpacks the way in which equality actors talked about law not as remote or alienating, but as close and familiar; not as oppressive, but as “precious” and hard-won. Some also regarded law as a place of safety in unsafe times. These proposed ‘attached to law’ and ‘protective of law’ strands of consciousness enrich and extend Ewick and Silbey’s classic ‘before the law’ narrative. The findings are also useful for critical legal and feminist scholarship. Combined with the equality sector’s pragmatic and tactical use of law to problem-solve, this close and protective orientation towards law reproduces its hegemony. The paper concludes by exploring a recurrent refrain that, in relation to decertification, “we’re not there yet” and that gender equality would need to be achieved before decertification would “fly”. (shrink)

In England and Wales, there is significant controversy on the law related to abortion. Recent discussions have focussed predominantly on the health professional's right to conscientious objection. This article argues for a comprehensive overhaul of the law from the perspective of an author who adopts the view that all unborn human beings should be granted the prima facie right to life. It is argued that, should the law be modified in accordance with this stance, it need not imply (...) that health professionals should enjoy an unqualified right to object to participating in the provision of abortion. Indeed, it is proposed that – in some situations – women should be granted a positive right to abortion. While the focus of this article is on changing the law in England and Wales, it is hoped that the position developed here will also inspire legal debate and reform elsewhere. (shrink)

In this paper, I explore how viability, meaning the ability of the fetus to survive post-delivery, features in the law regulating abortion provision in England and Wales and the USA. I demonstrate that viability is formalized differently in the criminal law in England and Wales and the USA, such that it is quantified and defined differently. I consider how the law might be applied to the examples of artificial womb technology and anencephalic fetuses. I conclude that (...) there is incoherence in the meaning of viability and argue that it is thus a conceptually illegitimate basis on which to ground abortion regulation. This is both because of the fluidity of the concept and because how it has been thus far understood in the law is unsupported by medical realities. Furthermore, it has the effect of heavily diluting pregnant people’s rights with overly moralistic limitations on access to healthcare. (shrink)

By 1910 the Cambridge University physiology department had become the kernel of British physiology. Between 1909 and 1914 an astonishing number of young and talented scientists passed through the laboratory. The University College department was also a stimulating place of study under the dynamic leadership of Ernest Starling.I have argued that the reasons for this metropolitan axis within British physiology lie with the social structure of late-Victorian and Edwardian higher education. Cambridge, Oxford, and University College London were national institutions attracting (...) students from all over England and Wales. In contrast, the provincial colleges drew their clientele from relatively narrow geographic radii. Generally, also, these institutions were regarded as socially inferior to the longer-established universities.A brief survey of the biographies of some British physiologists demonstrates how physiology, as an occupation, became, over the later decades of the century, socially elite. The scientists who achieved full-time posts in the 1870s generally came from somewhat marginal backgrounds. Foster, like his mentors T. H. Huxley and William Sharpey, came from a non-conformist family. Edward Schäfer was also a dissenter and, like Foster, began his professional career as a general practitioner.Physiologists of the succeeding generation, however, came from wealthy families with established intellectual traditions. John Scott Haldane, nephew of John Burdon Sanderson, was the brother of the politician R. B. Haldane and uncle of the historian A. R. B. Haldane.71 Joseph Barcroft was one of the most affluent of all physiologists.72 His family's wealth derived from linen manufacturing. He attended the Ley's School Cambridge, where his schoolmates included Henry Dale, later Director of the National Institute for Medical Research; F. A. Bainbridge, who eventually became Professor of Physiology at St. Bartholomew's Hospital; and the Cambridge historian J. H. Clapham. A. V. Hill, Professor of Physiology at Manchester and, subsequently, London, married Margaret Keynes, sister of John Maynard Keynes and niece of Sir Walter Langdon Brown, Professor of Physic at Cambridge. Margaret Keynes's younger brother, the surgeon Sir Geoffrey Keynes, married a granddaughter of Charles Darwin; their son Richard Keynes also became a physiologist at Cambridge.These families were part of a new class emerging during the late Victorian period, descendants of the great reforming radicals of the 1830s, who had begun to achieve power through positions in the universities, the professions, and the civil service. Their social prestige rested upon their intellectual expertise. Physiology was an appealing research discipline to these groups because of its clear dissociation from industry and commerce. And because physiology's “practical” face was medicine, its acceptability was reinforced by professional ties.The nature of the Physiological Society confirms this image of physiology as an elite science. By the turn of the century the Society had taken on some of the characteristics of a dining club. The scientific meetings were generally followed by dinner: if the Society met at Oxford, they were entertained at Burdon Sanderson's college, Magdalen.73 Through a “black ball” system, unwanted candidates could be excluded. In 1912, when the question of admitting foreigners was discussed, E. H. Starling wrote to Edward Schäfer: “the Society has very much in it the nature of a club, and a certain amount of personal knowledge of the candidate is always desirable.”74.The developing institutional structure of physiology in late Victorian Britain indicates, therefore, that we must look beyond the achievements of individuals and departments to understand why physiology flourished. The discipline became part of a new social order in which the professional middle classes assumed increasing power. These groups valued intellectual skill, especially in the pure scienes, as forces both for self-advancement and for progress within society. (shrink)

ObjectiveTo examine health and social care professionals’ understanding of the legislation governing research involving adults lacking mental capacity in England and Wales.MethodsA cross-sectional online survey was conducted using a series of vignettes. Participants were asked to select the legally authorised decision-maker in each scenario and provide supporting reasons. Responses were compared with existing legal frameworks and analysed according to their level of concordance.ResultsOne hundred and twenty-seven professionals participated. Levels of discordance between responses and the legal frameworks were high (...) across all five scenarios. Nearly half of the participants provided responses that were discordant in all scenarios. Only two participants provided concordant responses across all five scenarios.DiscussionParticipants demonstrated a lack of knowledge about the legal frameworks, the locus of authority and the legal basis for decision-making. The findings raise concern about the accessibility of research for those who lack capacity, the ability to conduct research involving such groups and the impact on the evidence base for their care.ConclusionThis is the first study to examine health and social care professionals’ knowledge and understanding of the dual legal frameworks in the UK. Health and social care professionals’ understanding and attitudes towards research involving adults with incapacity may warrant further in-depth exploration. The findings from this survey suggest that greater training and education is required. (shrink)

BackgroundDuring the arrival of the COVID-19 pandemic, various professional ethical guidance was issued to (and for) health and social care professionals in England and Wales. Guidance can help to inform and support such professionals and their patients, clients and service users, but a plethora of guidance risked information overload, confusion, and inconsistency. MethodsDuring the early months of the pandemic, we undertook a rapid review, asking: what are the principles adopted by professional ethical guidance in England and (...) class='Hi'>Wales for dealing with COVID-19? We undertook thematic content analysis of the 29 documents that met our inclusion criteria.ResultsThe 29 documents captured 13 overlapping principles: respect, fairness, minimising harm, reciprocity, proportionality, flexibility, working together, inclusiveness, communication, transparency, reasonableness, responsibility, and accountability.ConclusionsWe intend this attempt to collate and outline the prominent principles to be helpful, particularly, for healthcare practice during the COVID-19 pandemic and, hopefully, for future pandemic planning. We also offer some reflections on the guidance and the principles therein. After describing the principles, we reflect on some of the similarities and differences in the guidance, and the challenges associated not only with the specific guidance reviewed, but also with the nature and import of “professional ethical guidance”. (shrink)

Self regulation and high ethical standards are considered the distinguishing and defining characteristics of the legal profession. Yet they are under attack from the state and the public. Why? Some argue that the legal profession's codes of conduct are a hotchpotch of rules without any clear ethical basis. For the first time in English and Welsh history,Boon and Levin systematically address these questions. The most important are as follows: Is self-regulation crucial to the survival of the legal profession? What fundamental (...) philosophical principles govern ideas of professional conduct? Are the present codes regulating solicitors and barristers consistent with these principles? And, looking forward, are they appropriate when the legal profession faces radical social, political and economic change? These issues are of interest to everyone concerned with the dynamics of the justice system in England and Wales. Without an independent legal profession, is justice possible? Students, teachers and practitioners will find this the first comprehensive and interdisciplinary guide to and analysis of professional conduct and ethics. (shrink)

Originally published in 1933, this book presents an account regarding the development of teacher training in England and Wales during the nineteenth century. The text discusses both administrative measures and the development of techniques in teacher training in monitorial centres, colleges and universities. A detailed bibliography is included. This book will be of value to anyone with an interest in the history of education and the development of teacher training.

The approach to managing the involuntary detention of people suffering from psychiatric conditions can be divided into those with clinicians at the forefront of decision-making and those who rely heavily on the judiciary. The system in England and Wales takes a clinical approach where doctors have widespread powers to detain and treat patients involuntarily. A protection in this system is the right of the individual to challenge a decision to deprive them of their liberty or treat them against (...) their will. This protection is provided by the First-tier Tribunal; however, the number of successful appeals is low. In this paper, the system of appeal in England and Wales is outlined. This is followed by a discussion of why so few patients successfully appeal their detention with the conclusion that the current system is flawed. A number of recommendations about how the system might be reformed are offered. (shrink)

England and Wales are moving toward a model of ‘opt out’ for use of personal confidential data in health research. Existing research does not make clear how acceptable this move is to the public. While people are typically supportive of health research, when asked to describe the ideal level of control there is a marked lack of consensus over the preferred model of consent. This study sought to investigate a relatively unexplored difference between the consent model that people (...) prefer and that which they are willing to accept. It also sought to explore any reasons for such acceptance. (shrink)

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

This paper ethically analyses arising out the proposed changes to the Mental Health Act for England and Wales. It looks in particular at thea shift in philosophy that the author claims has occurred with the proposals away from rights-focused principles to more utilitarian or outcome-focused principles. It gives examples of these changes and explores itstheir consequences.

The Law Society recently published a practice note titled 'Prosecutions of victims of trafficking'. This practice note comes many years after many lawyers had highlighted the problem and after the government machinery had chuntered into action and passed the UK Modern Slavery Act 2015 with explanatory notes and non-statutory guidelines for corporations. Since 2012 there had been issued warnings about the way defence lawyers, the Crown Prosecution Service and the UK police were dealing with trafficking and the Criminal Cases Review (...) Commission as far back as 2012 had note the severe failings by defence solicitors, prosecution and police, leading to many appeals and potential miscarriages of justice. Even in 2012 there were 946 known human trafficking victims, including 234 children. There was an attempt at a Human Trafficking Bill in 2010 which came to a halt and several reports including one by the Prison Reform Trust and Cambridge University Press, notwithstanding many books by notable academics for many years before today. This article examines the inadequacies of the Law Society practice note on defending victims and the jumble of high-ideals but short-sighted and impractical parts of the UK Modern Slavery Act 2015. (shrink)

Standard Assessment Tasks are used in the assessment of pupil performance relative to the National Curriculum in England and Wales, assigning pupils to one of 10 levels on various Attainment Targets . This is a criterion‐referenced system, and the conventional reliability measures used in norm‐referenced systems do not apply. This paper discusses the problems involved in aggregating SA T items to give levels, and in measuring the reliability of the outcomes produced. Fitting a simple model to SAT data (...) has allowed reliability measures to be produced which are more relevant to this situation than the single numerical values applied to norm‐referenced tests. (shrink)

This essay proposes an approach to understanding changes in political responses to crime in England and Wales over the last third of the twentieth century and developments in criminological knowledge over the same period. To explore the association between these in some empirical detail, we argue, would provide a historical?sociological understanding that is currently lacking, notwithstanding Garland's significant intervention in The Culture of Control. We take issue with some aspects of Garland's account, on both methodological and substantive grounds, (...) and delineate certain distinctions between his ?history of the present? and the historically situated hermeneutics that we favour. The latter, we suggest, can be more attentive to particular political and intellectual struggles that have had a formative bearing on the current field and, as such, offer new perspectives on the position of crime and punishment in contemporary political culture. (shrink)

When seen in the historical context of psychiatry's relatively recent discovery of violence and risk, along with society's adoption of more risk-averse attitudes, the Mental Health Act 2007 in England and Wales is an ethical and proportionate measure.

This chapter re-examines the evidence for local ecclesiastical and other burial sites in pre-Viking Ireland. It compares local churches and cemetery settlements in pre-Viking Ireland with those found in England and Wales. The chapter describes the density of the pre-Viking ecclesiastical sites in Ireland, church density and social structure in Anglo-Saxon England, and the local ecclesiastical sites in Cornwall and Wales.

Information on social and family aspects of marriage was obtained from a sample of over a thousand marriages solemnised in England and Wales in 1979. The data include the standard demographic variables concerning the couple and their marriage and also: the day of the week the marriage was celebrated; whether the fathers or relatives of similar surname to the spouses acted as witnesses; the patterns of name usage by brides; the numbers of forenames of the marriage partners and (...) their fathers; and the frequency of bridegrooms having one or more forenames in common with their fathers. The factors are analysed in terms of social class differences as well as in relation to the distance over which marriages range and other demographic characteristics of the partners and their marriage. (shrink)

This article examines the influence of the City law firms, operating through their representative body, the City of London Law Society, in shaping the?professional rules governing conflicts of interest in England and Wales, including a recent failed attempt to allow firms to act for sophisticated clients on either side of the same transaction.? It compares English developments with those in the US and Canada finding that, in all three, it is argued that conflicts rules should be relaxed to (...) meet the needs of sophisticated clients and address the economic realities of legal practice. It argues however that in England the CLLS lobbied for change to promote the economic interests of large law firms whilst paying scant regard to the public interests in publicly owned companies having independent representation, in lawyers maintaining independence from powerful clients, in promoting competition, and in maintaining public confidence in the profession.?It considers what this tells us about corporate lawyers? approach to their professional role. Finally it considers the future of conflicts regulation in large firms in England and Wales given the introduction of alternative business structures and the move to principles based, outcomes focussed, and entity regulation. (shrink)

Traditionally floods have been understood to be acts of God or nature, with localised impacts afflicting those who choose to live or to invest capital in lowland and coastal locations. This central idea of causation, located outside human agency, survives somewhat precariously today, but is reflected in the lack of any right to protection from flooding in England and Wales. However in 1930 new legislation institutionalised a social framing of the impact of floods as part of a wider (...) national problem. This related the interests of lowland agriculture and land drainage to the national economic and military interest. Modernising and expanding agricultural production was a political priority from the 1930s to the 1980s. The cost of preventing flooding and draining land was transferred from the affected landowners to the nation as a whole. River and coastal engineering was central to the new policy, and by the early 1970s much of the riverine and coastal environment was radically altered by flood defence structures and associated land drainage. As a result of food over-production and conflicts with conservation interests in the early 1980s, the emphasis has shifted from drainage to flood defence, while risk reduction and environmentalist values have also been promoted. The institutional arrangements from 1930 largely survive, however, and a new coherent social framing has failed to emerge. It is argued that for a risk-oriented framing to succeed, new assumptions about causation and a new ethical outlook are now needed. Emphasis on flood 'control' rather than 'defence', and a shift in priorities from economic benefits towards human rights and intrinsic value in nature are proposed as key elements in such a reframing. (shrink)

American legal scholar MacKinnon held that using consent as the legal criterion to draw the line between rape and intercourse would evade the issue of male dominance in heterosexual relations. Feminist lawyers in the Netherlands and England and Wales translated the insight that rape has to do with inequality between the sexes in alternative definitions of rape. They also struggled to get these alternative definitions incorporated in law. However, in the Netherlands as well as in England and (...) Wales, feminist proposals to broaden the concept of coercion or non-consent to include submission met with serious obstacles from within the legal system. This article describes the process the feminist proposals to redefine coercion or non-consent in rape law went through in the Netherlands and in England and Wales. It tries to answer the following question: To what extent can the obstacles in this process of forming a broad definition of coercion be attributed to what MacKinnon called the inherent fallocentrism of law? (shrink)

The decline in the number of legitimate live births in England and Wales from the peak in 1964 has been partitioned into components due to changes in fertility rates, components due to changes in the composition of the population exposed to risk, and an interaction component. Fertility rates specific for age of mother at birth of child, duration of marriage, parity and age of mother at marriage were considered but in all cases it was found that the decline (...) was not as great as the change in fertility rates implied. This was due to increases in the number of births due to changes in the composition of the population exposed to risk. (shrink)

In this article I explore the ways in which legal language, discourses, and narratives construct new dominant identities for women who kill their children. These identities are those of the ‘bad’, ‘mad’, or ‘sad’ woman. Drawing upon and critiquing statutes, case law, and sentencing remarks from England and Wales, I explore how singular narrative identities emerge for the female defendants concerned. Using examples from selected cases, I highlight how the judiciary interpret legislation, use evidence, and draw upon gender (...) stereotypes in carefully constructing macro-narratives which produce gendered identities for filicidal women, thus nullifying the challenge these women pose to appropriate femininity and the motherhood mandate. Each of the narrative identities discussed deny the agency of the female defendants that they are attached to, albeit in subtly different ways, by denying their ability to make any degree of choice in relation to their filicidal actions. Although such identity construction and agency denial may not always be damaging to these filicidal women per se, its pervasiveness within legal discourse reinforces and reproduces damaging gender stereotypes surrounding women and femininity. (shrink)

(1997). Significant redefinitions: A meta‐analysis of aspects of recent developments in initial teacher education in England and Wales. Educational Philosophy and Theory: Vol. 29, No. 2, pp. 102-118. doi: 10.1111/j.1469-5812.1997.tb00023.x.

This paper explores the impact of the Human Rights Act 1998 on decision making in adult social care in England and Wales. It focuses on a review of the Act by the government in June 2006 and subsequent new guidance on implementation addressed to policy makers, managers and practitioners. The meaning of ?rights? in contemporary legal and social theory is considered and the potential of human rights law to improve the experiences of service users is evaluated in the (...) light of recent research findings and proposed policy changes. (shrink)

Studies concerning the changing landscapes of religiosity and spirituality in the lives of young people in England and Wales draw attention to decline in traditional religiosity and to growth in alternative spiritualities. The present study examined whether such alternative spiritualities occupy the same personality space as traditional religiosity. A sample of 2,950 13- to 16-year-old pupils attending 11 secondary schools in England and Wales completed the Francis Scale of Attitude toward Christianity and an index of paranormal (...) belief, alongside the abbreviated-form Junior Eysenck Personality Questionnaire Revised. The data demonstrated that these two forms of belief were related in different ways to Eysenck's dimensional model of personality space. While attitude toward Christianity occupied the space defined by low psychoticism scores and high lie scale scores, paranormal belief was related to high psychoticism scores and was independent of lie scale scores. These findings support the view that alternative spiritualities may be associated with different personalities. (shrink)