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1
Thompson, Philip E. "IV. Being Made a Patient People." Horizons 45, no. 2 (November 29, 2018): 402–6. http://dx.doi.org/10.1017/hor.2018.77.
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I begin with thanks to Professor Freeman for a helpful article, and with the admission that I am torn by this topic. On the one hand, I have shared by direct experience and that of friends the same pain Freeman describes of being unable to commune at the Saturday evening mass at the CTS/NABPR convention. I remember Sandra Yocum's words of public lament in her 2014 CTS presidential address. Some of us may remember our convention at Spring Hill in 2005 when the celebrant at the Saturday mass that year, Fr. David Robinson, who grew up a New England Congregationalist, spoke with deep anguish of his deep desire to share communion with the Baptists, coupled with the inability to do so. We had sung Susan Toolan's “I Am the Bread of Life,” hearing in our own voices Christ's promise of being raised up on the last day. And then we sensed how that day was not yet. But we should remember that the “last day” when we will unquestionably be one, if I may borrow words from the poet W. H. Auden, “is not in our present, and not in our future, but in the fullness of time.” So we ask now about the prospects of provisionally—proleptically—embodying that oneness this side of the eschaton.
2
&NA;. "New England Baptist Hospital." American Journal of Nursing 96 (January 1996): 58. http://dx.doi.org/10.1097/00000446-199601001-00034.
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Crowther, Edward R., and David T. Morgan. "The New Crusades, the New Holy Land: Conflict in the Southern Baptist Convention, 1969-1991." Journal of Southern History 63, no. 2 (May 1997): 451. http://dx.doi.org/10.2307/2211349.
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Newman, Mark, and David T. Morgan. "The New Crusades, the New Holy Land: Conflict in the Southern Baptist Convention, 1969-1991." Journal of American History 83, no. 3 (December 1996): 1094. http://dx.doi.org/10.2307/2945787.
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Leonard, Bill J., Carl L. Kell, and L. Raymond Camp. "In the Name of the Father: The Rhetoric of the New Southern Baptist Convention." Journal of Southern History 67, no. 1 (February 2001): 216. http://dx.doi.org/10.2307/3070146.
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Weber, Timothy. "Book Review: The New Crusades, the New Holy Land: Conflict in the Southern Baptist Convention, 1969-1991." Review & Expositor 93, no. 4 (December 1996): 579–80. http://dx.doi.org/10.1177/003463739609300420.
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Casey, Michael W. "In the Name of the Father: The Rhetoric of the New Southern Baptist Convention (review)." Rhetoric & Public Affairs 5, no. 3 (2002): 544–46. http://dx.doi.org/10.1353/rap.2002.0053.
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Randall, Ian M. "Baptist Revival and Renewal in the 1960s." Studies in Church History 44 (2008): 341–53. http://dx.doi.org/10.1017/s0424208400003703.
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According to Callum Brown in The Death of Christian Britain, from 1963 Christianity in Britain went on a downward spiral. More generally, Brown sees the 1960s as the decade in which the Christian-centred culture that had conferred identity on Britain was rejected. This claim, however, which has received much attention, needs to be set alongside David Bebbington’s analysis of British Christianity in the 1960s. In Evangelicalism in Modern Britain, Bebbington notes that in 1963 charismatic renewal came to an Anglican parish in Beckenham, Kent, when the vicar, George Forester, and some parishioners received the ‘baptism of the Holy Spirit’ and began to speak in tongues. During the next quarter of a century, Bebbington continues, the charismatic movement became a powerful force in British Christianity. Both Brown and Bebbington view the 1960s as a decade of significant cultural change. Out of that period of upheaval came the decline of cultural Christianity but also the emergence of a new expression of Christian spirituality – charismatic renewal. Within the evangelical section of the Church this new movement was an illustration of the ability of evangelicalism to engage in adaptation. To a large extent evangelical Anglicans were at the forefront of charismatic renewal in England. The Baptist denomination in England was, however, deeply affected from the mid-1960s onwards and it is this which will be examined here.
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Peacock, James L. "The New Crusades, the New Holy Land Conflict in the Southern Baptist Convention, 1969-1991 (review)." Southern Cultures 4, no. 2 (1998): 98–99. http://dx.doi.org/10.1353/scu.1998.0098.
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Neely, Alan. "Baptist Battles: Social Change and Religious Conflict in the Southern Baptist Convention By Nancy Tatom Ammerman New Brunswick, Rutgers University Press, 1990. 388 pp. $37.00 ($14.00 pb)." Theology Today 48, no. 1 (April 1991): 85–89. http://dx.doi.org/10.1177/004057369104800117.
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Anders, S. F. "Baptist Battles: Social Change and Religious Conflict in the Southern Baptist Convention. By Nancy Tatom Ammerman. New Brunswick: Rutgers University Press, 1990. 388 pp. $37.00 cloth, $14.00 paper." Journal of Church and State 34, no. 3 (June 1, 1992): 624–25. http://dx.doi.org/10.1093/jcs/34.3.624.
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Gaitniece, Lāsma, and Alīda Zigmunde. "THE CONTRIBUTION OF THE BLŪMĪTIS FAMILY TO LATVIA." Via Latgalica, no. 8 (March 2, 2017): 169. http://dx.doi.org/10.17770/latg2016.8.2228.
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The aim of this article is to show through research in the archives and libraries of Latvia what the Blūmītis family accomplished in the first half of the 20th century for Latvia and how they worked successfully for the children's asylum and the private school. As even today people are speaking about the Blūmītis family, it is necessary to ask the question why this is so and what was so outstanding about this family. Out of the three brothers Osvalds Blūmītis (1903–1971) is the best known. After his studies in England at the Spurgeon's college he returned to his home-village Tilža in Latgale and founded a children's asylum there in 1928. Not only orphans found their new home there, but also many children from poor families who were impoverished by alcoholism. The children belonged to different religious communities; there were not only Baptists like Osvalds Blūmītis, but also Roman-Catholics, Lutheran-Protestants and Russian-Orthodox. Since 1927 a Baptist private school existed in Tilža which later was renamed Osvalds Blūmītis School. Besides this school there existed a children's asylum and a private primary school, which were financed by donations from Latvia, England, Sweden and Brazil. Untill 1940 there was only one institution of this kind for orphans in Latgale. About 200 children found loving care and shelter in it.Osvald’s brothers, Arturs and Adolfs were also Baptist priests as he was. Arturs Blūmītis founded a children's asylum in Jaunjelgava in 1939. In 1940 the Baptist orphan asylums and primary schools were closed. Osvalds Blūmītis left Latvia in 1939 and continued his activities in the US. When he arrived in the US, he started to work as a real estate agent but later continued his work for the Baptist church. Osvalds Blūmītis has helped about 250 Latvians to start a new life after arrival in the US. He fought communism and the policies of the Soviet Union. He also conducted radio shows ''The voice of the oppressed people''. Osvalds, Arturs and Adolfs left the country at the end of the war and became entrepreneurs in America. The active participation of the Blūmītis family – their sister and mother worked in the orphanage too – shows us how much this family was able to do for the needy.
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Dillon, Michele. "Religion and Culture in Tension: The Abortion Discourses of the U.S. Catholic Bishops and the Southern Baptist Convention." Religion and American Culture: A Journal of Interpretation 5, no. 2 (1995): 159–80. http://dx.doi.org/10.1525/rac.1995.5.2.03a00020.
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Sociologists increasingly emphasize the systemic openness of religious organizations to their environment. Mark Kowalewski argues that the Catholic church, for example, engages in a “limited accommodation” with the broader culture in order to “rein in the forces of change and to keep modernizing elements under the control of the existing power elite.” Others suggest that the church manages its multiple identities across diverse audiences by articulating culturally adaptive discourses. Nancy Ammerman documents the responsiveness of religious organizations to political currents by demonstrating how doctrinal and ideological upheavals within the Southern Baptist Convention during the 1980's resulted in a conservative resurgence within the organization and a new administration committed to taking an activist public stance on various sociomoral issues, including abortion.
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Root, Michael. "Ecumenism in a Time of Transition." Horizons 44, no. 2 (November 7, 2017): 409–14. http://dx.doi.org/10.1017/hor.2017.118.
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To assess the present state and future possibilities of personal and ecclesial ecumenism between Protestant and Catholic Christians is a difficult task. On the one hand, the diversity among Protestants is so great few generalities hold for all of them. The challenges involved in Catholic relations with the Church of England are quite different than those involved in relations with the Southern Baptist Convention, and different in yet other ways from those involved in relations with a Pentecostal church in South Africa. In a broad sense, one can think of a spectrum of Protestant churches, some with whom Catholic relations might be close, and then a series of churches at a greater distance from Catholicism with whom relations would be more limited. That picture is only partially true, however. On many social issues, Catholics can work more closely with Evangelicals, with whom there are deep differences over sacraments and ecclesiology, than they can with more socially liberal representatives of, say, the Lutheran or Anglican traditions. In this brief reflection, I will be concerned with the Protestant communities with whom the greatest possibilities of a wide spectrum of closer relations seem to exist, such as the Anglican, Lutheran, and Reformed churches.
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Rogerson, Pippa. "Plus ça Change? Article 5(1) of the Regulation on Jurisdiction and the Recognition and Enforcement of Judgments." Cambridge Yearbook of European Legal Studies 3 (2000): 383–406. http://dx.doi.org/10.5235/152888712802859187.
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In October 2000 the Commission of the European Community presented an amended proposal of the Council’s new Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. This Regulation proposes considerable changes to the Brussels Convention. Article 5(1) has been one of the most frequently used and often litigated provisions of the Brussels Convention. Academic criticism of it in England has occasionally been forceful. Article 5(1) has not escaped the reforming zeal of the Commission and it is interesting to reflect on the new Regulation.
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Rogerson, Pippa. "Plus ça Change? Article 5(1) of the Regulation on Jurisdiction and the Recognition and Enforcement of Judgments." Cambridge Yearbook of European Legal Studies 3 (2000): 383–406. http://dx.doi.org/10.1017/s1528887000003852.
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In October 2000 the Commission of the European Community presented an amended proposal of the Council’s new Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. This Regulation proposes considerable changes to the Brussels Convention. Article 5(1) has been one of the most frequently used and often litigated provisions of the Brussels Convention. Academic criticism of it in England has occasionally been forceful. Article 5(1) has not escaped the reforming zeal of the Commission and it is interesting to reflect on the new Regulation.
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Douglass, Alison. "Rethinking necessity and best interests in New Zealand mental capacity law." Medical Law International 18, no. 1 (March 2018): 3–34. http://dx.doi.org/10.1177/0968533218762240.
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This article considers the hard-earned lessons that New Zealand might draw from developments in English mental capacity law that should inform a comprehensive review of New Zealand’s equivalent adult guardianship legislation, the Protection of Personal and Property Rights Act 1988. The United Nations Convention on the Rights of Persons with Disabilities, and the shift towards supported decision-making, requires State parties to rethink domestic laws and engage with the key concepts of this important human rights convention. The most significant development under the Mental Capacity Act (England and Wales) 2005 is the identification of the so-called ‘Bournewood gap’ and the realization that the common law doctrine of necessity provides inadequate procedural safeguards for people with impaired capacity who are unable to consent or object to their healthcare and living arrangements. In addition, the ‘best interests’ standard for decision-making in English law has evolved with a greater emphasis on support for the exercise of a person’s legal capacity into this standard. This article argues that these developments should influence reform of New Zealand’s mental capacity law.
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Dennis, Ian H. "Rectitude Rights and Legitimacy: Reassessing and Reforming the Privilege against Self-Incrimination in English Law." Israel Law Review 31, no. 1-3 (1997): 24–73. http://dx.doi.org/10.1017/s0021223700015235.
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The privilege against self-incrimination has always attracted controversy. Legal historians continue to disagree over its origins, and its justification has been keenly debated ever since Bentham's famous attack on it as a misguided concession to the guilty. This debate has recently entered a new and critical phase as the result of diametrically opposed developments by, on the one hand, the courts and legislature in England and, on the other, by the institutions of the European Convention of Human Rights. These developments can be summarised by saying that whereas the trend in England has been towards attrition and formal restriction of the privilege, the European Court of Human Rights has been reconstituting the privilege as an implicit element of the right to a fair trial under article 6.1 of the European Convention. The European decisions have the potential for significant expansion of the privilege, and they call into question the validity of several of the English developments.
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Queen, Edward L. "The New Crusades, the New Holy Land: Conflict in the Southern Baptist Convention, 1969–1991. By David T. Morgan. Tuscaloosa, Ala.: University of Alabama press, 1996. xiv + 246 pp." Church History 66, no. 3 (September 1997): 659–60. http://dx.doi.org/10.2307/3169546.
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Pennegård, Ann Marie, and Anne Franzén. "The Convention on the Rights of the Child from a Swedish Perspective." International Journal of Legal Information 25, no. 1-3 (1997): 105–11. http://dx.doi.org/10.1017/s0731126500008131.
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A little more than seventy years ago a pioneer for children's rights in England, displayed pictures of starving children in other parts of Europe damaged by the war. She was arrested for obscenity. However, people rallied to her support and an international movement for children's rights began to take shape.This new movement drafted the Declaration on the Rights of the Child which was adopted by the Assembly of the League of Nations in 1924. The first step towards international norms for the protection of children had been taken. The declaration only contained five principles of which the most important said that children should be the first to receive aid in case of an emergency situation.
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Petchey, Philip. "Legal Issues for Faith Schools in England and Wales." Ecclesiastical Law Journal 10, no. 2 (April 16, 2008): 174–90. http://dx.doi.org/10.1017/s0956618x08001178.
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Faith schools are controversial. There is nothing new about this. State funding for the schools of the established church was historically objectionable to those who dissented from that establishment. Funding for any religious school has always been objectionable to secularists, who have increased in number and influence as society has become increasingly secular. More recently, the Muslim, Hindu and other faiths of the ethnic minorities of England and Wales have begun to utilise provisions that came into being with the Christian churches in mind. This had led to objections from those who are critical of the multicultural approach which has evolved since the Second World War as a response to extensive immigration from the New Commonwealth. This paper examines whether any of the political criticism of faith schools might give rise to legal challenges, now that rights under the European Convention on Human Rights are directly enforceable. In order fully to appreciate the legal arguments, it is necessary to have some understanding of the background. Accordingly, this paper begins by summarising the history of the matter before outlining the current position. An examination of the main criticisms of faith schools follows, and the paper concludes with consideration of a variety of legal arguments.
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Anders, S. F. "The New Crusades, The New Holy Land: Conflict in the Southern Baptist Convention, 1969-1991. By David T. Morgan. Tuscaloosa, Ala.: The University of Alabama Press, 1996. 246 pp. $24.95 paper." Journal of Church and State 39, no. 3 (June 1, 1997): 604–5. http://dx.doi.org/10.1093/jcs/39.3.604.
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Thomas, Gerald L. "Achieving Racial Reconciliation in the Twenty-First Century: The Real Test for the Christian Church." Review & Expositor 108, no. 4 (December 2011): 559–73. http://dx.doi.org/10.1177/003463731110800410.
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The issue of racial reconciliation has been a major concern for me since the days of my youth in Youngstown, Ohio. I was blessed to see the growth and development of African American people during the civil rights era. There were, however, racial tensions of a major magnitude during my days in junior high and high school. It was the first time we (students from Thorn Hill) had ever experienced racism because our elementary school was 99.8 percent black. I had to live in a whole new world when six primary grade schools were condensed into one junior high school. In high school, it became increasingly evident to me that there was a white world and a black world. Attending Howard University definitely heightened my anger and resentment towards white people. Howard was the Mecca of black power and intellectual thinking. By God's grace, after eight years in corporate America, I accepted my call to preach the Gospel of Jesus Christ and realized that hatred had no place in the heart and mind of a servant of the Son of God. The seminary experience at The Southern Baptist Theological Seminary was equally frustrating at times even though I had the blessings of the seminary's leadership, thus becoming the first Martin Luther King, Jr. Fellow. Through twenty-five years of pastoring and thirty years of spreading the Gospel, I have gained additional insights into how we must eradicate racism in our society. Through my position in the Progressive National Baptist Convention as National Chairperson for “Social Action on Public Policy,” I realize how difficult is the task at hand. Research and writings on “Racial Reconciliation” are my own convictions and struggles to support the Church of God in becoming all that Jesus Christ had intended for it to be.
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Dennis, Ian. "Instrumental Protection, Human Right or Functional Necessity? Reassessing the Privilege Against Self-Incrimination." Cambridge Law Journal 54, no. 2 (July 1995): 342–76. http://dx.doi.org/10.1017/s0008197300083690.
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THE privilege against self-incrimination has always attracted controversy. Legal historians continue to disagree over its origins,1 and its justification has been keenly debated ever since Bentham's famous attack on it as a misguided concession to the guilty.2 This debate has recently entered a new and critical phase as the result of diametrically opposed developments by, on the one hand, the courts and legislature in England and, on the other, by the institutions of the European Convention of Human Rights.
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Maffly-Kipp, Laurie F. "Mapping the World, Mapping the Race: The Negro Race History, 1874–1915." Church History 64, no. 4 (December 1995): 610–26. http://dx.doi.org/10.2307/3168841.
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In 1883, the African American Baptist preacher George Washington Williams published hisHistory of the Negro Race in America, 1619–1880. The book, a fundamentally optimistic account of the black presence in the New World, represented an attempt by the well-educated, northern divine to balance his commitments to an American evangelical tradition with an awareness of the ongoing oppression of his fellow African Americans at the hands of whites. “I commit this work to the public, white and black,” he noted in the preface, “to the friends and foes of the Negro in the hope that the obsolete antagonisms which grew out of the relation of master and slave may speedily sink as storms beneath the horizon; and that the day will hasten when there shall be no North, no South, no Black, no White,—but all be American citizens, with equal duties and equal rights.” The work revealed much about Williams: his upbringing in antebellum Pennsylvania as the child of an interracial union, his training at Howard University and Newton Theological Seminary, and his work experiences at Baptist churches in New England and Ohio. But this particular passage highlights the motivating force behind the book: it reveals, in anticipation of a historical narrative of over two hundred years of African enslavement, Williams's desire to recast much of the American past. Williams's historical account was, at heart, an attempt to impart moral meaning to the present by reconstructing the historical consciousness of both blacks and whites. In this desire, Williams fit precisely Friedrich Nietzsche's characterization of “historical men,” those who “believe that ever more light is shed on the meaning of existence in the course of itsprocess, and they look back to consider that process only to understand the present better and learn to desire the future more vehemently.”
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Golovanova, Natalya. "Counteracting Domestic Violence: New Experience from the UK." Russian Journal of Criminology 14, no. 2 (April 30, 2020): 338–50. http://dx.doi.org/10.17150/2500-4255.2020.14(2).338-350.
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The author studies the experience of England and Wales on counteracting domestic violence. The article analyzes how the attitude of the society and the state to this phenomenon has changed, and, instead of being viewed as a commonplace event, it is now recognized as a serious gender violence crime and violation of human rights. Such recognition is based on the position of the UNO expressed in the Istanbul Convention of 2011; joining this Convention made it necessary for the British government to develop a new statute. This Act includes the legislative definition of domestic abuse (this term is an extension of the concept of «domestic violence» introduced at the government level), the introduction of the extraterritorial jurisdiction, more clearly defined methods of victim protection, a provision for a Domestic Abuse Commissioner, etc. The article outlines the path of the UK to the new legislative vision, starting with the development of inter-agency programs and pilot projects of victim assistance and ending with the adoption of legislative acts that criminalize different forms of domestic violence, including forced marriage, «honor» crimes and female genital mutilation. Special attention is paid to a new gender neutral crime - controlling behavior, whose introduction is viewed as unprecedented and controversial. Unlawful control is viewed as actions aimed at suppressing another person, their isolation from people close to them, and depriving them of means necessary for independence, resistance or escape. Coercion, in its turn, is an action or a model of behavior (attack, threat, humiliation, etc.) aimed at inflicting harm, at punishing or terrifying a victim. The author believes that studying British experience of developing inter-agency programs of victim support, including a program that provides information of the criminal past of an intimate partner, and the consistent criminalization of all forms of domestic abuse (even those not connected with physical violence) presents certain interest for Russian lawyers and researchers, and deserves their close attention.
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Laing, Judith M. "Detaining the Dangerous: Legal and Ethical Implications of the Government's Proposals for High-Risk Individuals." Journal of Criminal Law 66, no. 1 (February 2002): 64–83. http://dx.doi.org/10.1177/002201830206600107.
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In December 2000, the government in England and Wales published a White Paper proposing a radical overhaul of current mental health legislation. Part II of the White Paper contained controversial new proposals to detain indefinitely ‘high-risk’ disordered individuals. These proposals have attracted a large amount of criticism in both legal and medical circles and may contravene the European Convention on Human Rights. This article will outline the proposals for reform and highlight some of the legal and ethical implications, in particular focusing on the extent to which the proposals may be open to challenge under the Human Rights Act 1998.
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Bunting, Kristin. "Estoppel by Convention and Pre-Contractual Understandings: The Position and Practical Consequences." Victoria University of Wellington Law Review 42, no. 3 (October 3, 2011): 511. http://dx.doi.org/10.26686/vuwlr.v42i3.5120.
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Recently, the House of Lords held in Chartbrook Ltd v Persimmon Homes Ltd that an understanding or common assumption reached by contracting parties in the course of their pre-contractual negotiations, including "an assumption that certain words will bear a certain meaning" can provide the basis for an estoppel by convention claim. This was reaffirmed by the New Zealand Supreme Court in Vector Gas Ltd v Bay of Plenty Energy Ltd. Both the House of Lords and the Supreme Court assumed that this was well established. Given that the issue was unsettled in England and with two divergent lines of authority in Australia, the House of Lords and Supreme Court should not have assumed this. In light of this development in the law, it is also argued that where the evidence proves that the parties established an understanding as to the meaning of a term in a proposed contract, then surely that is the meaning of that term, as a matter of interpretation. In addition, allowing consideration of pre-contractual negotiations to prove an estoppel by convention has undermined the rule that pre-contractual negotiations are inadmissible as an aid to interpretation of a contract.
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Livings, Ben. "A Right to Assist? Assisted Dying and the Interim Policy." Journal of Criminal Law 74, no. 1 (February 2010): 31–52. http://dx.doi.org/10.1350/jcla.2010.74.1.615.
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There are few more controversial, or emotive, debates within the criminal law than that which surrounds the topic of euthanasia, questioning as it does the fundamental role of the law in regulating the most intimate aspects of a person's life and death. The acknowledgement by the courts (notably in the cases of Diane Pretty and Debbie Purdy) that this area engages a person's rights under the European Convention on Human Rights exacerbates the urgency of the problem, and further nuances the debate as to the extent to which the autonomy of the person is impinged upon, and whether this is a function legitimately exercised by the state. In the wake of the announcement of new guidelines for prosecution in cases of assisted suicide, this article examines the state of the law regarding assisted suicide in England and Wales, and the fragile position of euthanasia within the criminal law. It will look to the various, and often rights-based, challenges to the law, and in particular a potential challenge through Article 7 of the European Convention on Human Rights.
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Mukafi, Muhammad Hamdan. "Indonesian Literature and Its Identity in the Mood of the Age." Digital Press Social Sciences and Humanities 2 (2019): 00014. http://dx.doi.org/10.29037/digitalpress.42265.
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Globalization era is marked by information and technology advancement. It brings jungle of sign, obscuring definitive convention, or even creating a new definition, which is occurred in Indonesian literature. Colonialism history is a center convention which defines Indonesian literature, the literary genre is one of it. Reflecting a case of colonialism; England with its literary genre convention, that are a poem, fiction, and drama – are getting “resistance” from America, the continent that “occupied” by it, which had been opening free space to establish literary genres, such as sermon and speech are included. Therefore, in this case, innovation to Indonesian literary definition always a chance. Cross-media literature, in a blanket of information and technology advancement, had been born with hybridizing text, audio, and visual. Internet medium such as YouTube being its publication method. In 2011, Fahd Djibran and his colleagues gave birth to literary work named revolvere project – when the creation of audio-visual no longer arranged, but parting to literature. The born of revolvere project followed by many artists who answered to the mood of the age. Many new names come up like visual-poetry, visual-fiction, and more – putting them in one room known as Literary Reformer. It has its structure, interpreted in hybridative form, but opening to be studied in a different way when separated. This lead to a question of its legitimation in Indonesian literary world. So, Jane Stokes genre theory chose to examine its worthiness as Indonesian literature’s new creation room in genre classification. In this research, the theory of semiotics, the field of cultural production, and basic of taxonomy are implemented to observe its position to classify and struggle scheme in Indonesian literary world. Then, literary reformer denoted as Indonesian literature reflection, a success of mixing arts spices in one chalice, creating Indonesian literature new definitive identity.
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Bainham, Andrew. "TAKING CHILDREN ABROAD: HUMAN RIGHTS, WELFARE AND THE COURTS." Cambridge Law Journal 60, no. 3 (November 21, 2001): 441–92. http://dx.doi.org/10.1017/s0008197301371192.
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One of the more drastic results of marital breakdown can occur where a mother decides to leave the country permanently and relocate with a child. Such cases can pose an acute dilemma where, as in Payne v. Payne [2001] 1 F.L.R. 1052, the father has enjoyed substantial contact with the child which is bound to be severely curtailed (if not entirely destroyed) by the mother’s relocation on the other side of the world. Here the mother, a New Zealander, had been ordered by a New Zealand court to return the child to England, following her “wrongful retention” there, under the Hague Convention which governs international child abduction. In the present proceedings she sought leave to return home to her original family with her four-year-old daughter. The father had substantial staying contact, which was sufficiently extensive that it might almost be termed “time-sharing”, and he countered with an application for a residence order. It was not in dispute that the child had an exceptionally good relationship with the father and with the paternal relatives in Newmarket. The mother, who by this time had grown to loathe her home in London, was adamant that she could only provide the child with a happy and secure upbringing if allowed to return to New Zealand. The father unsuccessfully opposed her application in the Cambridge County Court but appealed on the basis that the settled principle applied by the courts was in breach of the European Convention on Human Rights and in conflict with the Children Act 1989. The essence of the argument was that the Convention enshrined a right of contact between parent and child as an aspect of respect for family life under Article 8 and that the Children Act also required much greater significance to be attached to the preservation of such contact.
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Zhuravlev, A. V. "The Doctrine of Passive Obedience in Stuart England, 1603–1688." History 17, no. 8 (2018): 20–29. http://dx.doi.org/10.25205/1818-7919-2018-17-8-20-29.
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The article examines the history of the doctrine of passive obedience in England during the Stuart period. Traditionally weak financial and legal basis for royal absolutism in England forced monarchs to rely thoroughly on ideology. The concept of passive obedience promoted by the loyal Anglican clergy was one of the key elements of the absolutist ideology of the 17th century. This doctrine was employed as a counterbalance to revolutionary resistance and monarchomach theories embraced by protestant dissenters and papist recusants alike. During the course of the century the doctrine was embraced by numerous representatives of the Church of England’s establishment, including, but not limited to, John Donn, Roger Maynwaring, George Hickes, Edmund Bohun and many others and disseminated via an array of sermons and pamphlets. One component of the doctrine: non-resistance, was particularly stressed. Several political, social and economic factors conditioned the employment of this doctrine. The first instance of its pronouncement followed the failure of the Gunpowder plot and the necessity to refute catholic contractual theories. Charles I saw the doctrine of passive obedience as both the means to maintain social peace and promote fiscal interests. The new impetus the doctrine gained in the later years of the Restoration: an attempt to integrate it into the ‘ancient constitution’ failed, yet the doctrine of passive obedience was taken up as the chief ideological tool by the Anglican church and employed as a mighty instrument of suppressing resistance and dissent. The Glorious Revolution weakened the grasp of the doctrine in the minds of the English, though by no means killed it. Yet, the regime erected by the Convention of 1689 and strengthened by William of Orange claimed as much of its legitimacy in revolutionary resistance. Thus, henceforth the ideas of passive obedience and non-resistance could not be used as the sole basis of legitimate power in England.
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Hill, Jonathan. "Some Private International Law Aspects of the Arbitration Act 1996." International and Comparative Law Quarterly 46, no. 2 (April 1997): 274–308. http://dx.doi.org/10.1017/s0020589300060449.
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As a method for resolving commercial disputes which have connections with two or more countries, arbitration has been given a tremendous boost this century by two developments at the international level. The New York Convention of 1958—which was first implemented in England and Wales by the Arbitration Act 1975—introduced a regime which went a long way toward ensuring that arbitration agreements are respected and that arbitral awards are easily enforceable. The Convention has been hugely successful in that it has been ratified by upwards of 90 States, including all the countries of Western Europe (with the exception of Iceland) and nearly all countries which are significant commercial centres. More indirect has been the influence of the Model Law on International Commercial Arbitration, which was adopted by UNCITRAL in 1985. Although the Model Law, which seeks to encourage States to modernise their arbitration laws, has not been enacted by a very large number of countries, it has had a significant impact in that it has set an agenda for reform—even for those countries which have decided not to enact it. The Model Law has become “a yardstick by which to judge the quality of… existing arbitration legislation and to improve it”.
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Muffih, T. P., F. Manjuha, M. Fai, M. Babey, K. Nulah, T. Welty, and E. Welty. "Cervical Cancer Screening of Commercial Sex Workers in NW and SW Regions of Cameroon." Journal of Global Oncology 4, Supplement 2 (October 1, 2018): 50s. http://dx.doi.org/10.1200/jgo.18.66300.
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Background: In 2008, the Cameroon Baptist Convention Health Services (CBCHS) organized New Life Clubs (NLC) for commercial sex workers to provide: 1) medical information and free HIV testing and male and female condoms to reduce transmission of HIV and other reproductive tract infections (RTIs); 2) psychosocial and spiritual support, and; 3) training on safer sex and more sustainable income-generating opportunities. Since about one third of the 600 NLC members are HIV-positive, they are high risk for cervical cancer. Methods: In 2017 CBCHS educated NLC members in Mutengene, Bamenda and Banso about cervical cancer, obtained informed consent to screen them visually after application of acetic acid and Lugol's iodine enhanced by digital cervicography, examined those who consented for free, treated women with precancers, provided condoms at no cost to reduce transmission of HIV and prevent unintended pregnancies, and evaluated the program impact. Results: Of the 103 NLC members screened, 101 records were analyzed; 40 were HIV-positive (39.6%) and 33 of those (82.5%) were on treatment. Six were diagnosed with cervical precancer (5.9%). Three were treated (50%); two with thermal coagulation and one with LEEP. Three were treated for RTIs and two for genital warts. Conclusion: Cervical cancer screening and treatment of precancers of commercial sex workers is feasible, if the costs are subsidized. The WHP will expand screening and train NLC coordinators to be cervical cancer educators and to assess unmet family planning needs. Treatment of HIV-positive sex workers is a priority because treatment is prevention.
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McEwan, Jenny. "From adversarialism to managerialism: criminal justice in transition." Legal Studies 31, no. 4 (December 2011): 519–46. http://dx.doi.org/10.1111/j.1748-121x.2011.00201.x.
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The criminal justice system of England and Wales has been subject to a series of essentially ad hoc reforms that depart to a significant degree from its adversarial heritage and represent a threat to fair trial rights under Art 6 of the European Convention on Human Rights. Far from moving closer to the European ‘inquisitorial’ model, as has been suggested by some commentators, criminal procedure is becoming increasingly dominated by managerialist concerns. Intolerance to litigant control is motivated by the desire to increase efficiency and reduce cost, although the replacement of party autonomy in terms of control over the conduct of the case by state power over process corresponds to some degree to the descriptions, in the work of Mirjan Damaška, of the system favoured by ‘activist’ states. However, the financial crisis facing the new government means that the situation is unlikely to be alleviated should the extent of government activity be reduced.
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Stanley-Price, Nicholas. "Flying to the Emirates: The end of British Overseas Airways Corporation’s service to Dubai and Sharjah in 1947." Journal of Transport History 39, no. 3 (June 19, 2018): 333–54. http://dx.doi.org/10.1177/0022526618783952.
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During the 1930s Dubai and Sharjah in the Trucial States (now the United Arab Emirates) were regular stops on Imperial Airways’ England – India route. But in early 1947 the successor British airline British Overseas Airways Corporation discontinued service to them. The local market for air travel connecting the Gulf shaikhdoms, which were de facto British protectorates, was undermined just as the expanding oil industry most needed reliable scheduled flights. For fear of competition following its ratification of the Chicago Convention, Britain still restricted access to the airfields at Kuwait, Bahrain and Sharjah. For four years the Trucial States had no regular air service. Its wireless facilities led to the survival of the Sharjah airfield, shared by the Royal Air Force and International Aeradio Limited, a new British telecommunications company. Britain’s control over air services and their post-war disruption arguably contributed to delaying the socio-economic development of the Emirates that oil production would make possible.
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Loveday, Barry. "Police and Crime Commissioners." International Journal of Police Science & Management 20, no. 1 (January 16, 2018): 28–37. http://dx.doi.org/10.1177/1461355717748974.
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This article considers the progress of the new system of police governance in England and Wales. It assesses the responsibilities and powers of Police and Crime Commissioners (PCCs) and examines local initiatives undertaken by some PCCs that have proved to have national ramifications. It evaluates the accountability of PCCs between elections and highlights the limited powers of Police and Crime Panels. It considers the convention of police operational independence in light of two controversial police investigations, and the potential need for PCC oversight of future publicly high-profile investigations. It provides an initial assessment of an important and recent High Court ruling (R v Police and Crime Commissioner for South Yorkshire, 2017) which, by making the PCC responsible for all police operational activity, questions the tradition of constabulary operational independence. It is argued that enabling the PCC to bring a chief officer to account for all police operations might mean that potentially challenging and fruitless investigations can be avoided in the future.
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McConnell, Tandy. "In the Name of the Father: The Rhetoric of the New Southern Baptist Convention. By Carl L. Kell and L. Raymond Camp. Foreword by Kenneth Chafin. Carbondale, 111.: Southern Illinois University Press, 1999. xviii + 176 pp. $34.95 cloth." Church History 69, no. 3 (September 2000): 691–92. http://dx.doi.org/10.2307/3169439.
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Sandberg, Russell. "Laws and Religion: Unravelling McFarlane v Relate Avon Limited." Ecclesiastical Law Journal 12, no. 3 (August 20, 2010): 361–70. http://dx.doi.org/10.1017/s0956618x10000451.
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The Labour Government (1997–2010) created a large number of new laws affecting religion. The Blair and Brown years saw the incorporation of Article 9 of the European Convention on Human Rights into domestic law, the creation of religiously-aggravated offences, the recognition of civil partnerships, and a tide of legislation affecting education, charities and equality law, which saw the extension of the law to cover discrimination on grounds of religion or belief. And all this legislation has resulted in an abundance of case law. There is more ‘religion law’ – national and international law affecting religion – than ever before. And, for some time, there has been an implicit tension in English law between this new religion law and older laws protecting religion. These old laws, many still on the statute books, were based upon a different premise. They often sought to protect Christianity in general (or the Church of England in particular) as the norm, while providing some degree of toleration for other faiths. Moreover, the legal regulation of religion was characterised by a lightness of touch. The new religion law, by contrast, is facilitative, seeking to protect religious freedom mainly as an individual right which needs to be balanced against other rights. No special protection is afforded to any one religion and protection is often afforded to non-religious beliefs. The new legal framework affords utmost importance to the concept of religious neutrality as the State takes on the role of facilitating the religious market place. The tension between the old laws on religion and the new ‘religion law’ can be seen, for example, in the abolition of the offence of blasphemy (which favoured the Church of England in particular) and its replacement by offences concerning religious hatred (which covers all religions). This tension has recently come to the fore in the Court of Appeal ruling in the application for leave to appeal in McFarlane v Relate Avon Limited.
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Series, Lucy. "On Detaining 300,000 People: the Liberty Protection Safeguards." International Journal of Mental Health and Capacity Law 2019, no. 25 (June 30, 2020): 82. http://dx.doi.org/10.19164/ijmhcl.v2019i25.952.
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<p>The Mental Capacity (Amendment) Act 2019 will introduce a new framework––the Liberty Protection Safeguards (LPS)––for authorising arrangements giving rise to a deprivation of liberty to enable the care and treatment of people who lack capacity to consent to them in England and Wales. The LPS will replace the heavily criticised Mental Capacity Act 2005 deprivation of liberty safeguards (MCA DoLS). The new scheme must provide detention safeguards on an unprecedented scale and across a much more diverse range of settings than traditional detention frameworks linked to mental disability. Accordingly, the LPS are highly flexible, and grant detaining authorities considerable discretion in how they perform this safeguarding function. This review outlines the background to the 2019 amendments to the MCA, and contrasts the LPS with the DoLS. It argues that although the DoLS were in need of reform, the new scheme also fails to deliver adequate detention safeguards, and fails to engage with the pivotal question: what are these safeguards for?</p><p>Keywords: Mental Capacity (Amendment) Act 2019; Mental Capacity Act 2005; deprivation of liberty safeguards; liberty protection safeguards; article 5 European Convention on Human Rights; P v Cheshire West and Chester Council and another; P and Q v Surrey County Council [2014] UKSC 19; [2014] A.C. 896; [2014] H.R.L.R. 13</p>
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Ingle, H. Larry. "T. L. Underwood. Primitivism, Radicalism, and the Lamb’s War: The Baptist-Quaker Conflict in Seventeenth-Century England. (Oxford Studies in Historical Theology.) New York: Oxford University Press. 1997. Pp. viii, 188. $45.00. ISBN 0-19-510833-7." Albion 30, no. 3 (1998): 499–500. http://dx.doi.org/10.1017/s0095139000061342.
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Smith, John T. "The Priest and the Elementary School in the Second Half of the Nineteenth Century." Recusant History 25, no. 3 (May 2001): 530–42. http://dx.doi.org/10.1017/s003419320003034x.
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The Report of a Select Committee in 1835 gave the total of Catholic day schools in England as only 86, with the total for Scotland being 20. Catholic children had few opportunities for day school education. HMI Baptist Noel reported in 1840: ‘very few Protestant Dissenters and scarcely any Roman Catholics send their children to these [National] schools; which is little to be wondered at, since they conscientiously object to the repetition of the Church catechism, which is usually enforced upon all the scholars. Multitudes of Roman Catholic children, for whom some provision should be made, are consequently left in almost complete neglect, a prey to all the evils which follow profound ignorance and the want of early discipline.’ With the establishment of the lay dominated Catholic Institute of Great Britain in 1838 numbers rose to 236 in the following five years, although the number of children without Catholic schooling was still estimated to be 101,930. Lay control of Catholic schools diminished in the 1840s. In 1844, for example, Bishop George Brown of the Lancashire District in a Pastoral letter abolished all existing fund-raising for churches and schools and created his own district board which did not have a single lay member. The Catholic Poor School Committee was founded in 1847, with two laymen and eight clerics and the bishops requested that the Catholic Institute hand over all its educational monies to this new body and called for all future collections at parish level to be sent to it. Government grants were secured for Catholic schools for the first time in 1847. The great influx of Irish immigrants during the years of the potato famine (1845–8) increased the Catholic population and church leaders soon noted the great leakage among the poor. The only way to counteract this leakage was to educate the young under the care of the Church.
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McGregor, J. F. "Primitivism, radicalism, and the Lamb's war. The Baptist–Quaker conflict in seventeenth- century England. By T. L. Underwood. (Oxford Studies in Historical Theology.) Pp. xii+188 incl. frontispiece. New York–Oxford: Oxford University Press, 1997. £30. 0 19 510833 7." Journal of Ecclesiastical History 50, no. 3 (July 1999): 548–616. http://dx.doi.org/10.1017/s0022046999692284.
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Murphy, William S., Samantha Harris, Vartan Pahalyants, Mark M. Zaki, Ben Lin, Tony Cheng, Carl Talmo, and Stephen B. Murphy. "Alternating operating theatre utilization is not associated with differences in clinical or economic outcome measures in primary elective knee arthroplasty." Bone & Joint Journal 101-B, no. 9 (September 2019): 1081–86. http://dx.doi.org/10.1302/0301-620x.101b9.bjj-2018-1485.r1.
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Aims The practice of alternating operating theatres has long been used to reduce surgeon idle time between cases. However, concerns have been raised as to the safety of this practice. We assessed the payments and outcomes of total knee arthroplasty (TKA) performed during overlapping and nonoverlapping days, also comparing the total number of the surgeon’s cases and the total time spent in the operating theatre per day. Materials and Methods A retrospective analysis was performed on the Centers for Medicare & Medicaid Services (CMS) Limited Data Set (LDS) on all primary elective TKAs performed at the New England Baptist Hospital between January 2013 and June 2016. Using theatre records, episodes were categorized into days where a surgeon performed overlapping and nonoverlapping lists. Clinical outcomes, economic outcomes, and demographic factors were calculated. A regression model controlling for the patient-specific factors was used to compare groups. Total orthopaedic cases and aggregate time spent operating (time between skin incision and closure) were also compared. Results A total of 3633 TKAs were performed (1782 on nonoverlapping days; 1851 on overlapping days). There were no differences between the two groups for length of inpatient stay, payments, mortality, emergency room visits, or readmission during the 90-day postoperative period. The overlapping group had 0.74 fewer skilled nursing days (95% confidence interval (CI) -0.26 to -1.22; p < 0.01), and 0.66 more home health visits (95% CI 0.14 to 1.18; p = 0.01) than the nonoverlapping group. On overlapping days, surgeons performed more cases per day (5.01 vs 3.76; p < 0.001) and spent more time operating (484.55 minutes vs 357.17 minutes; p < 0.001) than on nonoverlapping days. Conclusion The study shows that the practice of alternating operating theatres for TKA has no adverse effect on the clinical outcome or economic utilization variables measured. Furthermore, there is opportunity to increase productivity with alternating theatres as surgeons with overlapping cases perform more cases and spend more time operating per day. Cite this article: Bone Joint J 2019;101-B:1081–1086.
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Kiehl, Christine. "From Chimera to Reality: Lucy Kirkwood’s Chimerica or ‘What State Are We in?’." Journal of Contemporary Drama in English 6, no. 1 (April 27, 2018): 191–205. http://dx.doi.org/10.1515/jcde-2018-0020.
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AbstractMark Ravenhill’s 2007 Shoot/Get Treasure/Repeat is a relevant state of the nation(s) play drawing an acid portrait of Anglo-American nations and their self-congratulatory ‘freedom and democracy’ propaganda in Irak. Other committed voices have made themselves heard on the British stage in addressing worldwide political and ethical issues. This paper focuses on Lucy Kirkwood, a young British dramatist whose pungent style was revealed in Tinderbox (2008), a dystopian farce set in 21st century England. Today, Lucy Kirkwood (33) who sees herself as ‘a radical young dramatist,’ continues to explore the confused landscape of western democracy: she sketched the relations between the USA and China in Chimerica (2013), an epic drama which won her an Olivier Award for Best New Play. In the wake of Brexit and the Trump election, Lucy Kirkwood has recently announced that she would pursue her investigation of the leading nations’ policies: “The whole of democracy looks fragile and farcical. After writing about communist China in Chimerica, you suddenly look at western democracy and think: is this necessarily better? Maybe this is the endgame” (Lawson, “Chimerica”).This paper explores Kirkwood’s vitriolic portrait of today’s leading nations, and her questioning of universal concerns experienced on a personal level such as power and privacy, nationalism and identity, profit and subservience. I will examine her peculiar ability to reformulate a ‘state-of-the-nation’ format and associate innovation and convention in her treatment of subject matter, language, dramatic form and performance.
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Noorthoorn, E., P. Lepping, T. Steinert, E. Flammer, B. Massood, and N. Mulder. "Symposium: Mental Health Law Differences and Coercive Measures Over Four Countries." European Psychiatry 41, S1 (April 2017): S619. http://dx.doi.org/10.1016/j.eurpsy.2017.01.993.
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In 2008, the UNHCR issued a convention on the rights of persons with disability. Since then, many countries were visited by the High Commissioner for Human Rights. In a number of countries, for example Germany and the Netherlands, mental health legislation was considered unsatisfactory and either regional variations in procedures or new legislation was drafted. In Germany, the final decision after different admission procedures is always made by a judge. In the Netherlands, detention on mental health ground with involuntary admission is decided by a Governmental administrator working for the local Major. In England and Wales, it is decided by three medical/psychiatric professionals. Currently, the Netherlands is drafting a law following the main principles of the Anglo-Saxon law. In Germany, all federal states are currently adopting their mental health laws to fulfil requirements of the Constitutional Court, which decided that coercive treatment is only admissible under very strict conditions after a judge's decision. Studies show the Dutch legislation is associated with higher seclusion rates, in numbers, and duration. Moreover, recent German findings show in a recent period when involuntary medication was not admissible, inpatient violence and coercive measures increased significantly. In this symposium, we discuss the several laws and regulations of four countries (Wales, Ireland, Germany, Netherlands), now and in the near future. Each presentation of a certain countries’ regulations is followed by a description of standard figures of the country, first by an expert in the respective country's law, and consequently by an expert in nationwide or regional figures.Disclosure of interestThe authors have not supplied their declaration of competing interest.
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Atalić, Bruno, and Stella Fatović-Ferenčić. "Emanuel Edward Klein—The Father of British Microbiology and the Case of the Animal Vivisection Controversy of 1875." Toxicologic Pathology 37, no. 6 (August 18, 2009): 708–13. http://dx.doi.org/10.1177/0192623309345871.
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The new Appendix A of the European Convention for the Protection of Vertebrate Animals Used for Experimental and Other Scientific Purposes, which gives guidelines for accommodation and care of animals and was approved on June 15, 2006, was the main reason the authors decided to investigate the origins of the regulations of animal experiments. Although one might assume that the regulation had its origin in the United Nations conventions, the truth is that its origins are a hundred years old. The authors present a case of the nineteenth-century vivisection controversy brought about by the publication of the Handbook for the Physiological Laboratory in 1873, in which John Burdon-Sanderson, Emanuel Edward Klein, Michael Foster, and Thomas Lauder Brunton described a series of vivisection experiments they performed on animals for research purposes. It was the first case of vivisection to be examined, processed, and condemned for inhuman behavior toward animals before an official body, leading to enactment of the Cruelty to Animals Act in 1876. The case reveals a specific ethos of science in the second half of the nineteenth century, which was characterized by a deep commitment of scientists to the scientific enterprise and their strong belief that science could solve social problems, combined with an overt insensitivity to the suffering of experimental animals. The central figure in the case was Emanuel Edward Klein, a disciple of the Central European medical tradition (Vienna Medical School) and a direct follower of the experimental school of Brücke, Stricker, Magendie, and Bernard. Because of his undisguised attitudes and opinions on the use of vivisection, Klein became a paradigm of the new scientific identity, strongly influencing the stereotypic image of a scientist, and polarizing the public opinion on vivisection in England in the nineteenth century and for some considerable time afterward.
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Marley, David John. "In the Name of the Father: The Rhetoric of the New Southern Baptist Convention. Carl L. Kell , L. Raymond Camp"Foul Demons, Come out!": The Rhetoric of Twentieth-Century American Faith Healing. Stephen J. PullmanThe End of the World as We Know It: Faith, Fatalism, and Apocalypse in America. Daniel Wojcik." Journal of Religion 81, no. 2 (April 2001): 292–93. http://dx.doi.org/10.1086/490836.
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Cunningham, Karen J. "Becoming Criminal: Transversal Performance and Cultural Dissidence in Early Modern England. By Bryan Reynolds. Baltimore: Johns Hopkins University Press, 2002; pp. 195. $41.95 cloth; Theatrical Convention and Audience Response in Early Modern Drama. By Jeremy Lopez. New York: Cambridge University Press, 2003; pp. 216. $60 cloth." Theatre Survey 45, no. 1 (May 2004): 149–51. http://dx.doi.org/10.1017/s0040557404370080.
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Bryan Reynolds's fascinating book, Becoming Criminal, contributes to the growing scholarly work that examines relations among early modern literature, theatre, and legalism. Reynolds identifies a distinct late sixteenth-century criminal culture that operated according to its own aesthetic, ideology, language, and lifestyle. This culture's proximity to state official culture was a crucial part of its own identity and also of its power to undermine and dissent from that official cultural identity. “Self-defined by the criminal conduct and dissident thought” of its members, and “officially defined by and against the dominant preconceptions of English cultural normality,” this culture “constituted a subnation that illegitimately occupied material and conceptual space within the English nation” (1). In this view, it sought not to destroy the dominant system but to feed off of it, possessing in itself a paradoxical coherence and chosen way of life that “transverses” official culture: that lies athwart of it, crosses into it, and is fetishized by it.
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Zigmond, A., and A. J. Holland. "Unethical Mental Health Law; History Repeats Itself." International Journal of Mental Health and Capacity Law, no. 3 (September 8, 2014): 50. http://dx.doi.org/10.19164/ijmhcl.v0i3.315.
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<p>The powers enshrined in mental health legislation go directly to fundamental principles central to any caring and democratic society. The tension and dilemma that exists is, on the one hand, the importance of respect for an individual’s right to make decision’s affecting his/her own life to, on the other, the recognition that there are people with mental disabilities that may be vulnerable to abuse and/or neglect and who throughout their lives or at particular times need care and/or treatment, which they may not seek or be able to consent to themselves. In any society it is through case law and statute that an attempt is made to resolve this tension and to ensure that individual rights are not infringed and that those who need care and treatment receive what is in their best interest. Thus a change in such legislation requires the most rigorous of examination and must be judged on the grounds that it a) does not infringe accepted principles such as those of the United Nations Declaration of Human Rights and the European Convention, b) is based on sound ethical principles and does not conflict with the established law of the country, and c) it is practicable and achieves the right balance with respect to the potential tension described above. As practising clinicians (one working in an acute psychiatric service the other in a district learning disability service) we are not in a position expertly to judge the first of these but we believe we can contribute to the second and the third. In this paper we consider specifically the reasons for, and the consequences that follow, the failure on the Government’s part to accept the central importance of decision-making capacity assessment in any new mental health legislation.</p><p>The Green Paper proposals for a new Mental Health Act for England and Wales have now been published. A broad definition of ‘mental disorder’ has been retained, a new system of tribunals is to be established and compulsory treatment in the community would become lawful. However, it rejects the recommendation of the expert committee chaired by Professor Richardson that the assessment of an individual’s decision-making capacity should be a determining factor in the use of compulsory detention. Given this, it does not address the relationship between this legislation and the proposed Mental Incapacity Act. The failure to recognise the central place of decision-making capacity in a modern Mental Health Act is, we believe, a serious omission as it is a reflection of a failure to acknowledge that the basic principle of autonomy is central to such legislation.</p>