Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of (...) preventive orders. The paper will assess the implications of these changes for the function of the criminal law, assessing the reasons behind them, and examining whether or not they are to be welcomed. Identifying the larger import of these changes draws attention to the changing relationship between state and citizen as well as changes in the nature of the state itself. These can in turn be attributed to a jostling among the different manifestations of the authoritarian state, the preventive state, and the regulatory state. These changes have profound normative implications for a liberal theory of the criminal law that require its re-articulation and its defence. A modest start may be to insist that where the conduct is criminal and the consequences are punitive the protections of criminal procedure and trial must be upheld. (shrink)

This article challenges a prominent claim in moral philosophy: that autonomy is a personal ideal, according to which individuals are authors of their own lives. This claim is philosophically dubious and ethically pernicious, having excluded women from positions of rational authority. A reading of Ibsen's A Doll's House illustrates how this conception of the ideal of autonomy misrepresents the reality of individuals' lived experiences and imposes a gendered identity which subordinates women to a masculine narcissism. In Ibsen's play the woman, (...) as a doll confined to home, remains dependent on an autonomous man. It would seem that men in modern philosophy could see only their own image as rational agents reflected in their ethics; but, in fact, this position is self-defeating. The recognition of our contingencies and so, vulnerability, motivated Kant himself to try to make the moral realm secure with something necessarily common to all human beings: our capacity to reason. The unwitting upshot of Kant's ethics has been the restriction of reason to a purely formal function; but this autonomy of reason undermines itself in being unable to guide the writing of the rational agent's own life. I propose instead to preserve the capacities of moral rationality, while urging the incorporation of ethical practices previously devalued by their association with vulnerability, such as attention, affection and relationality. My philosophical challenge is, first, to develop an internal critique of ethics which exposes its authoritative imposition of a gender identity and, next, to propose a revised conception of autonomy, namely, not just writing our own story, but reading the stories in which we find ourselves. (shrink)

This paper critically explores the way in which ‘trafficking’ has been framed as a problem involving organized criminals and ‘sex slaves’, noting that this approach obscures both the relationship between migration policy and ‘trafficking’, and that between prostitution policy and forced labour in the sex sector. Focusing on the UK, it argues that far from representing a step forward in terms of securing rights and protections for those who are subject to exploitative employment relations and poor working conditions in the (...) sex trade, the current policy emphasis on sex slaves and ‘victims of trafficking’ limits the state's obligations towards them. (shrink)

Combining knowledge of social policy and practice with insights from poststructural and feminist theory, the text demonstrates how democratic citizens and the political are continually recreated.

Governmentality draws on Foucault's work along with wider analytical frameworks to reclaim centre stage for this sociological concept. The author argues for a new understanding of how the individual is related to the state and vice versa.

In times like these, a new ethico-political ideal is required to contest the adequacy of dominant understandings of social interaction as matters of choice and rational decision-making and in contesting these understandings encourage us to imagine social alternatives. We wish to make a contribution to this project of expanding the universe of political discourse as a means to invigorating ethico-political debate. A range of existing vocabularies — the languages of trust (and relatedly respect), care and associated concepts, including corporeal generosity (...) — are currently put forward as the means to contest the dominance of neo-liberal premises about `atomistic individualism'. While many of these accounts focus on nation-states, others attend to an emerging global community. Nevertheless, we have some reservations about these languages and their premises. In our view they tend frequently to locate the `problem' in the character of citizens. We also make the case that such languages and their associated political agendas reinstate aspects of social hierarchy that mimic neo-liberal conceptions of autonomous individualism. Central to our critique is the claim that the problematic aspects of these existing languages of (inter)connection are due to an attenuated understanding of embodiment and an inadequate dialogue between the socio-political and embodiment. It is this inadequate dialogue we wish to redress. In this paper we offer a new ethical ideal called `social flesh' to ground an alternative politics for reconfiguring exploitative social relations. As an ethico-political starting point, `social flesh' highlights human embodied interdependence and in the process configures a new, more transformative political vision. It draws attention to shared embodied reliance, mutual reliance, of people across the globe on social space, infrastructure and resources. Insistence upon this shared reliance underpins a profoundly levelling perspective, a radical politics. (shrink)