The rule against bias is a central tenet of English law and it also impacts on collegiate courts which typically exercise appellate/review jurisdictions over their professional or student members. This is true of the Bar Standards Board which has established the adjudicatory bodies to enforce its regulatory framework and has vested the procedure of fair trials upon the Council of the Inns of Court which is responsible for appointing the Disciplinary Tribunal panels that conduct hearings for professional misconduct. The (...) COIC has been exposed for ‘irregularities’ in the findings of guilt against barristers who have been adjudged by non-qualified judges. In R v Visitors to the Inns of Court and Ors [2014] EWCA Civ 1630, the Court of Appeal ruled that a disciplinary tribunal or a panel of visitors appointed from barristers or lay representatives outside its pool of enrolled judges would still ensure independence and guarantee freedom from outside pressure. The impugned tribunal members who were not entitled to sit nevertheless had authority to act as de facto judges. This part of the ruling reinforces the regulatory bodies inherent power to appoint its own tribunal to adjudicate and it needs a more rigorous application of natural justice principle on the part of the BSB. (shrink)

The Legal Services Act 2007 provided a framework for a liberalised marketplace for legal services. The most significant responses to this by the Bar appear in the Bar Standards Board Handbook, whic...

A significant historical role in the development of competence-based vocational qualifications in England and Wales is customarily ascribed to the 1985 to 1986 Review of Vocational Qualifications (RVQ), the body which invented the National Vocational Qualification (NVQ). This paper analyses the RVQ's internal debates. The paper demonstrates that the RVQ proposed only the general principles of a structure and an administration for a reformed vocational qualifications system. The RVQ did not address in detail either the definition of (...) occupational competence or the curriculum and assessment models to be embodied in the NVQ. In the light of this analysis, the paper re-evaluates the role of the RVQ in the development of competence-based vocational qualifications, and suggests some potentially fruitful areas for future research. (shrink)

This article is currently available as a free download on ingentaconnect.

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)

This paper's philosophical ideas are developed from a General Nursing Council for England and Wales Trust‐funded study to explore nursing knowledge and wisdom and ways in which these can be translated into clinical practice and fostered in junior nurses. Participants using Carper's (1978) ways of knowing as a framework experienced difficulty conceptualizing a link between the empirics and ethics of nursing. The philosophical problem is how to understandpraxisas a moral entity with intrinsic value when so much (...) of value seems to be technical and extrinsic depending on desired ends. Using the Aristotelian termspoesisandpraxiscan articulate the concerns that the participants as well as Carper (1978) and Dreyfus (in Flyvbjerg, 1991) among others share that certain actions or ways of knowing important for nursing are being devalued and deformed by the importance placed on quantitative data and measurable outcomes. The sense ofpraxisis a moralized one and most of what nurses do is plausibly on any account of normative ethics a morally good thing; the articulation of the idea ofpraxiscan go some way in showing how it is a part of the discipline of nursing. Nursing's acts aspoesiscan be a part of how practitioners come to havepraxisasphronesisor practical wisdom. So to be a wise nurse, one needs be a wise person. (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)

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)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in (...) mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (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)

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)

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)

The college hookup scene is a profoundly gendered and heteronormative sexual field. Yet the party and bar scene that gives rise to hookups also fosters the practice of women kissing other women in public, generally to the enjoyment of male onlookers, and sometimes facilitates threesomes involving same-sex sexual behavior between women. In this article, we argue that the hookup scene serves as an opportunity structure to explore same-sex attractions and, at least for some women, to later verify bisexual, lesbian, or (...) queer sexual identities. Based on quantitative and qualitative data and combining queer theory and identity theory, we offer a new interpretation of women’s same-sex practices in the hookup culture. Our analysis contributes to gender theory by demonstrating the utility of identity theory for understanding how non-normative gender and sexual identities are negotiated within heteronormatively structured fields. (shrink)

This Article is made up of two parts. The first part reflects on the dominant functionalist approach to comparative consumer bankruptcy and suggests that this might be supplemented by a political economy analysis that addresses the role of national and international interest groups, including professionals, and ideology in understanding different national responses to overindebtedness in North America and Europe. The second part examines current reforms to consumer bankruptcy and responses to overindebtedness in the UK through this political economy lens and (...) concludes that competition among professional groups, the role and interests of the Insolvency Service, and the ideology of the Third Way in consumer policy will influence the ultimate structure adopted for addressing consumer insolvency. A study of the English experience suggests that there is also an element of national path dependency to consumer insolvency reform that may resist pressures towards convergence of approaches between countries in addressing issues of consumer insolvency. (shrink)

BackgroundIn the ruling inY[2018], the UK Supreme Court has confirmed that there is no general requirement for the courts in England and Wales to authorise the withdrawal of clinically assisted nutrition and hydration from patients with prolonged disorders of consciousness. The perceived requirement, which originated in a court ruling in 1993, encompassed those in the vegetative state and those in the minimally conscious state. The ruling inYconfirms that the court may still be approached to decide difficult or (...) contested cases, but there is otherwise no routine requirement that the judges be approached.Main bodyThere is much to welcome in this ruling, particularly as it means that these decisions for these patients are no longer (unusually) singled out for a judicial decision, with all the financial and emotional costs that court proceedings can entail. However, there is also a risk that the ruling might have unwelcome consequences. First, there is the possibility that patients might die too soon, particularly if doctors should now adopt the courts’ previous reasoning, which has suggested that patients in the vegetative state lack interests, so treatment may – perhaps must – be withdrawn. Secondly, there is the converse possibility that patients might live too long, since empirical research suggests that – whether intentionally or not – patients’ families, clinicians, and the health system appear to promote treatment-by-default.ConclusionRather than adopt general positions, which may be contestable and potentially risky, this article argues, on a pluralistic basis, that the individual patient should be the focus of any decision made in his or her ‘best interests’. The existing legal framework in England and Wales, which is provided by the Mental Capacity Act 2005, already points in this direction, although more efforts may be needed to ensure that those involved in making these decisions are suitably educated and supported. Fortunately, new guidance from the British Medical Association could help clinicians and families to make decisions in the future, which are appropriate for the incapacitated individual patient in question. (shrink)

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 explores how the law of England and Wales1 has responded thus far to medical and clinical advances that have enabled patients with prolonged disorders of consciousness to survive. The authors argue that, although the courts have taken account of much of the science, they are now lagging behind, with the result that some patients are being denied their legal rights under the Mental Capacity Act 2005. The article further argues that English law does not comply with the (...) United Kingdom’s commitments under the United Nations Convention on the Rights of Persons with Disabilities. Stressing the need for the law to keep in step with advances in science, the article concludes with robust recommendations for improvements, based on the latest research in neuroscience, to the way in which life-sustaining treatment decisions are made. This would mean that the wishes of patients, including those with covert awareness, can be better reflected in best interests assessments. (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)

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)

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)

BackgroundAssisted dying has wide support among the general population but there is evidence that those providing care for the dying may be less supportive. Senior doctors would be involved in implementing the proposed change in the law. We aimed to measure support for legalising physician assisted dying in a representative sample of senior doctors in England and Wales, and to assess any association between doctors' characteristics and level of support for a change in the law.MethodsWe conducted a (...) postal survey of 1000 consultants and general practitioners randomly selected from a commercially available database. The main outcome of interest was level of agreement with any change in the law to allow physician assisted suicide.ResultsThe corrected participation rate was 50%. We analysed 372 questionnaires. Respondents' views were divided: 39% were in favour of a change to the law to allow assisted suicide, 49% opposed a change and 12% neither agreed nor disagreed. Doctors who reported caring for the dying were less likely to support a change in the law. Religious belief was also associated with opposition. Gender, specialty and years in post had no significant effect.ConclusionMore senior doctors in England and Wales oppose any step towards the legalisation of assisted dying than support this. Doctors who care for the dying were more opposed. This has implications for the ease of implementation of recently proposed legislation. (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)

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)

The law of England and Wales provides that an adult with capacity has the right to refuse medical treatment both contemporaneously and in an advance refusal. Legislation separates general advance refusals of treatment from advance refusals of life-sustaining treatment. The law, outlined in ss.24 to 26 of the Mental Capacity Act 2005, is stricter for creation of the latter. These sections brought with them a new age of interests by purporting to elevate individual autonomy as the primary (...) concern. Beginning with the classical tale of Odysseus and a general discussion of the value to be found in a law seeking to preserve individual autonomy, this thesis seeks to act as a critique of the current enactment in practice. The provisions are already under-used and under-applied; without change, they may never reach the stage where they are ethically and practically viable. It is argued that the advance refusals provisions are not taking full effect due to a combination of lacking moral grounding and general dismissal of key ethical dilemmas at the forefront of application. Building on this, the moral basis for this thesis is found in Alan Gewirth’s Principle of Generic Consistency (PGC) which links directly with the general application of human rights. The PGC becomes a compass for determining how best to treat persons when addressing the three most prominent challenges faced by the 2005 Act which are: the debate between the conferred right of autonomy versus the right to life; the issue of personhood; and, the personal identity problem. Ultimately, unless framework provisions are strengthened, and the Mental Capacity Act 2005 is rethought in light of prominent ethical, legal and social considerations, the constraints of the Act on paper will continue to suppress the important underlying values promulgating individual autonomy. (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)

This article aims at exploring the theme ‘Living God, renew and transform us’ under the following headings: the living God and the gods of death, the desolation of atheism and the sun of righteousness, just law and the fullness of life. The author relates the ‘God of Life’ to a ‘theology embracing life’. He links the ‘gods of death’ to racism, capitalism and terrorism in which we ‘encounter a new religion of death’. He points out that Christianity is a religion (...) of joy in God and sets out to illustrate this with selected biblical texts. In the section ‘The desolation of atheism’, the author argues that modern atheism offers a ‘reduced life’. To make his point, he refers to his own personal experience and the theological ‘protest atheism’ which arose in the 19th century. The author concludes by stating that atheism offers nothing positive. In the final section, ‘The sun of righteousness, just law and the fullness of life’, the author addresses issues of justice. In referring to the Reformation doctrine on justification, the author states that the justification of victims requires confessio oris, rising up from humiliation and forgiveness. (shrink)

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.

The case of Charlie Gard sparked an ongoing public and academic debate whether in court decisions about medical treatment for children in England & Wales the best interests test should be replaced by a harm threshold. However, the literature has scantly considered (1) what the impact of such a replacement would be on future litigation and (2) how a harm threshold should be introduced: for triage or as standard for decision-making. This article directly addresses these gaps, by first (...) analysing reported cases in England & Wales about medical treatment in the context of a S31 order, thus using a harm threshold for triage and second comparing court decisions about medical treatment for children in England & Wales based on the best interest test with Dutch and German case law using a harm threshold. The investigation found that whilst no substantial increase of parental discretion can be expected an introduction of a harm threshold for triage would change litigation. In particular, cases in which harm is limited, currently only heard when there are concerns about parental decision-making, may be denied a court hearing as might cases in which the child has lost their capacity to suffer. Applying a harm threshold for triage in decisions about withholding or withdrawing life-sustaining treatment might lead to a continuation of medical treatment that could be considered futile. (shrink)

In his Apology of the Church of England as well as many of his other works, John Jewel defended the orthodoxy of the Elizabethan Church on the basis of the following criteria: Scripture, the first four general councils, the writings of the Church Fathers, and the example of the primitive church.1 By emphasizing these authorities, the bishop of Salisbury also sought to impeach the Roman Church’s claim to orthodoxy by arguing that doctrines and practices which developed subsequently to (...) the early church as defined by these criteria contradict them, thereby nullifying its charge of heresy against Protestants while simultaneously indicting the papacy itself as heretical. A question that emerges from studying Jewel’s prodigious polemical works concerns the source of this means of determining orthodoxy. Answering this question requires a close analysis of the apologist’s use of sources. This article will attempt to answer this question by arguing that this criteria for defining orthodoxy derived mainly from canon law tradition that is confirmed specifically by Gratian’s Decretum. This thesis maintains that Jewel’s criteria constituted a form of the ius antiqua with which he attacked the ius novum that provided the authoritative basis for papal supremacy, and in so doing, sought to vindicate the Elizabethan Church’s place in ancient catholic tradition. (shrink)

Recently the General Synod of the Church of England agreed to approve liturgical resources— Prayers of Love and Faith—for blessing same-sex couples. This decision was the result of a long process of discernment concerning matters of sexuality and identity called Living in Love and Faith. This article aims to critique some of the background ethical and theological assumptions at work in the Living in Love and Faith resources, specifically the way the role of asceticism is conceived in them. (...) I argue that while there are promising references to formation of desire through discipline and restraint in the LLF resources, their ascetic intuitions remain limited to world-related goods, neglecting the significance of bodily practices for God-related goods and for our final flourishing. Paying attention to the theological dimensions of Christian ascetic practice will also reveal the importance of concrete limitations for ascetic formation of desire. I argue that such limits are required for unravelling the transcendent capacities of human desire. At the end of the article, I make some suggestions as to how the revitalisation of not just ethical but theological ascetic praxis can be helpful in navigating the Church of England's current disagreement with respect to same-sex unions. (shrink)

Dr Noel Semple, Professor Russell Pearce and Professor Renee Knake combine to compare legal profession regulation in the US with that of the countries closest to it institutionally and culturally: Canada, Australia, New Zealand, the United Kingdom and Ireland. This enables them to develop an illuminating taxonomy of legal professional regulation, and to describe the assumptions and objectives underlying the different approaches to regulation. The US and Canada provide a 'professionalist-independent framework' that centres on 'a unified, hegemonic occupation of lawyer' (...) which promotes self-regulation, and the exclusion of non-lawyers from partnership and investment in law practices. By contrast, in other countries that they examine, 'consumerist-competitive approaches' predominate, opening up the profession to co-regulation with executive government and allowing for different forms of legal occupations and non-lawyer influence and investment in law practices. Of course, as they show, in some countries there are combinations and hybrids of these two approaches. Unlike Rhode, who endorses England and Wales' consumerist-competitive approach to regulation in the Legal Services Act 2007, Semple, Pearce and Knake consciously avoid stating a preference for one approach over the other. (shrink)