The practical application of counter‐terrorism legislation in England and Wales: a prosecutor's perspective

This article gives a prosecutor's perspective on the practical application of UK terrorism legislation. It gives an overview of the working relationship between the Counter Terrorism Division's specialist prosecutors, police officers and the intelligence services, in order to outline some of the challenges in investigating and prosecuting terrorism cases, and to inform on prosecutorial decision‐making. It summarizes the main additions and changes to the criminal terrorism legislation over the last decade and gives examples of how some of the key powers and offences have been approached and used by prosecutors. The article deliberately concentrates on the criminal aspects of terrorism legislation and the importance of using due process to prosecute alleged terrorists fairly and proportionately. It describes how prosecutors use a mixture of the ordinary criminal and specialist terrorism laws depending on what is deemed appropriate in any given case. It is not intended to be a critique of the legislation itself or an analysis of what may or may not need to be changed. That is a matter for Parliament; the prosecutor's role is to apply the law not to make it. The article concludes that the criminal justice system is the correct place for terrorism prosecutions to take place and that the UK can continue to retain due process and respect for human rights while seeking properly to protect national security.     

中世纪英国庄仆探微

庄仆是中世纪英国庄园自营地上的全职工资劳动者,其前身可以追溯到11世纪末的奴隶,并在此后的两个世纪里经历了由服役庄仆向领薪庄仆的转变。庄仆长期从事一些专门工作,与惯例佃农和临时雇工一道满足了领主不同方面的需求。庄仆的报酬是其维持生计的主要来源,形式多样,主要由谷物和货币组成,在经历黑死病之前的下降之后,其待遇在中世纪晚期不断改善。但由于此时高工资和低物价的影响,领主对于直接进行农业生产失去兴趣,自营地逐渐被出租,传统的庄仆也就从历史上消失了。     

Floating culture: the unrecorded antiquities of England and Wales

In England and Wales there exists a corpus of unprovenanced and unrecorded antiquities; a corpus adrift from archaeological context and now ebbing and flowing across the antiquities market and which could be described as ‘floating culture’. This corpus includes illicit antiquities and also antiquities found legitimately but not recorded and subsequently sold with or without the landowner’s knowledge. The definition of floating culture as ‘traces of the human past not fixed on one position, place or level’ presents a way of conceptualising what is, in essence, a transnational issue. This paper explores floating culture and suggests that the impact of non-reporting of antiquities remains a significant ethical and legal challenge both for heritage protection policy and the antiquities market in the U.K. and beyond. Attention is given to the Code of Practice for Responsible Metal Detecting in England and Wales, and to the landowner-finder search agreement as potential ways of mitigating the flow of unrecorded antiquities of uncertain legal status. While neither document is enforceable, both have potential to improve the protection of the archaeological record. Many of the themes conceptualised by ‘floating culture’ are relevant to the wider discussion on heritage protection and the global trade in illicit antiquities.     

Faith,philanthropy and the aged poor in nineteenth-century England and Wales

In the last half of the nineteenth century, Victorians grappled with welfare issues regarding the aged poor as social investigators sought to explain their dependency and poverty. Elderly men and women who were unable to care for themselves, and without a family or community to attend to their needs, had few alternatives outside the workhouse in nineteenth-century England and Wales. Catholic homes for the elderly managed by communities of women religious such as the Sisters of Nazareth provided an important option to the aged poor who often needed both accommodation and medical care. These homes provided a unique form of social welfare which attracted the attention of Protestants as well as Catholics as benefactors. Protestant reformers, looking for different approaches to maintaining the aged poor, inspected these Catholic homes in order to develop their own institutional solutions. Perhaps more pointedly, this interaction between Protestants and Catholics offers a counter narrative to the usual histories that emphasise anti-Catholicism, sectarianism and conflict. Despite the anti-Catholic tenor of the times, the homes for the aged of the Sisters of Nazareth were recognized and funded by both Catholics and Protestants as they were seen as providing a much needed form of charitable aid for the aged poor. As an alternative to poor law workhouses, the institutions created and managed by Catholic women religious formed an integral part of the mixed economy of welfare in the nineteenth century.     

Patterns of fertility change in Ghana: a time and space perspective

This article examines fertility change in Ghana based on a time and space perspective. The sample draws on three birth cohorts of women born in the 1950s, 1960s and 1970s, resident in five distinct societies selected from three settlements in Ghana. The findings of the study show that fertility change is occurring in a socioeconomic and geographically distinct manner. Significant fertility declines are traced to the 1960 birth cohorts in all the study areas. For the 1970 cohort this decline continues in the elite areas whereas the urban indigenous areas exhibit a rise in teenage fertility which is not, however, followed by higher fertility after the age of 20. In the rural area fertility rises from the 1960 to the 1970 cohort up to age 24, which is the end point of study for this cohort. The spatial variability between the five study areas has profound implications for the ongoing fertility change in Ghana and Sub-Saharan Africa.     

Illegitimate fertility decline in England, 1851-1911

This study attempts to determine the extent to which several hypotheses are able to account for the illegitimate fertility decline in England in the second half of the nineteenth century. The results of a pooled time-series analysis are consistent with the hypothesis that a rise in working-class prosperity accounts for much of the decline. Additional reasons for the decline, which cannot be ruled out with the data used in the analysis, include the diffusion of knowledge and the acceptability of contraceptive methods and a decline in agricultural employment.     

Arable in England and Wales: estimates from the 1801 Crop Return

This study is based on the 1801 Crop Return for England and Wales, an inquiry which took the form of an arable crops census. Over 75% of the county areas of 12 English and Welsh counties is represented in the surviving Return but under 25% for 13 others. For England and Wales together nearly 50% of the total area is represented. The national distribution of the main grain crops is investigated; and an aggregate analysis of arable England and Wales in 1801 is made. The main result is to produce two different estimates to suggest that arable England and Wales was something over 7 million acres and something under 8 million acres in 1801, the higher estimate comparing very favourably with contemporary ones. Finally, since the Return is extant at parish or township level, it is suggested that it can be subjected to further investigation and to sampling, to break free from the constraints imposed by the county approach by studying or identifying farming regions.     

Marital distance and its geographical orientation in England and Wales, 1979

"A representative sample of just over one thousand marriages solemnized in England and Wales in 1979 is used to analyse the distribution of the distances between the partners' addresses at marriage....according to various social and demographic variables also derived from the same source. Comparison with other surveys suggests that marriages in which both partners give the same address are likely to be those of couples who cohabit before marriage. Partners who work in unskilled manual occupations, or who marry with a civil ceremony, or who have been married before, appear more likely than the average to cohabit. Of the marriages where different addresses are given, about one-half bring together partners living within 5 km of each other." It is found that "there is a strong relationship between high social class and increased marital distance, and also between greater marital distance and older ages up to about age 40. Longer-range marriages show clear evidence of geographical orientation, the effect being more pronounced at longer distances. This is attributed to variations in population density over the country and geographical constraints on settlement patterns."     

Paying for water: water pricing and equity in England and Wales

Over the past three decades, the business of water supply in England and Wales has been gradually transforming from the supply of a service to citizens, to the sale of a commodity to customers. The paper provides a genealogy of concepts of efficiency and equity in water regulation over the past thirty years, prior to evaluating the implications for water consumers of one aspect of this process – the shift away from policies prioritizing inter- and intra-regional equalization (implying a principle of social equity) towards policies prioritizing economic efficiency (implying a principle of economic equity) in water charging. In closing, alternatives to the current arrangements for domestic consumers are proposed.     

Modelling the relationship between tenure and migration in England and Wales

"A rarely utilized source of migration data from the 1981 [U.K.] Census is used to examine the mobility patterns of migrants resident in different [housing] tenures within England and Wales at the regional and county level. A Poisson regression approach is used to compare the effects of distance on migration propensities for those moving into owner-occupied housing, council housing and privately rented housing. The existing literature suggests that migration should be most restricted by distance for council tenants and least restricted for private renters....Local variations in the effects of distance decay on migration for each of the three migrant streams are examined. Both a north-south and a metropolitan non-metropolitan migration divide are clearly evident when migrant flows are disaggregated by tenure at the destination."     

Second demographic transition or aspirations in transition: an exploratory analysis of lowest-low fertility in Kolkata,India

Fertility transition occurred during the 1970s in Kolkata (erstwhile Calcutta), capital of the state of West Bengal, India, and has remained persistently at the low fertility level. Fertility rate in Kolkata attained its lowest-low level in the beginning of the present century. It currently has the lowest fertility rate (TFR 1.2) in India. This could be a case of second demographic transition (SDT) or pertains to changing dynamics in childbearing, childrearing, and/or aspirations for children. Using primary data of 600 couples (1200 individuals) and employing quantitative and qualitative methods, this study found that constraints in childbearing and childrearing; and aspirations for children have a strong negative and significant effect on second and higher order childbearing among couples, particularly among women. In our study there was no strong evidence of voluntary childlessness as well as decline in the importance of marriage, family and children as posited by SDT. Thus we argue that SDT might have to be redefined for a developing country context.     

The road network of medieval England and Wales

The medieval road system of England and Wales has never been studied in any detail. This article attempts to bring together the cartographic evidence of the Gough and Paris maps and the more indirect evidence of three royal itineraries. This will suggest first which Roman roads were still in use in medieval times, and second what new lines of travel had come into use, thus distinguishing between the paved Roman roads which were still usable and the new routes which made and maintained themselves.     

Local Markets and the Polarization of Public-Sector Schools in England and Wales

Notwithstanding the recent change of government, UK educational policy continues to stress school performance tables, parental choice and competition – reflecting an acceptance by New Labour of Tory notions concerning the role that market mechanisms play in improving school performance. In view of the 1997 Education White Paper's insistence that the new government's goal was to 'overcome the spiral of disadvantage … passed from one generation to the next', this implies that the DfEE remains unimpressed by long-standing arguments concerning the socially-divisive consequences of market forces in education.
This paper seeks to add empirical weight to this debate. Arguing that recent analyses of aggregate levels of social stratification have masked polarization occurring at the local level, our analysis places schools in the context of the local markets within which they operate. This yields clear evidence that educational markets tend to exacerbate existing differences between schools in terms of both their performance and social status.     

Notes on the Seals of Endowed Grammer Schools in England and Wales

Abstract

Excavation and architectural analysis at Kirkham Priory between 1978 and 1984 have led to a re-appraisal of the structural development of that important Augustinian house which was perhaps founded in 1122 and suppressed in 1539. In particular, the early development of the church was resolved, an important western axial tower identified, and the thirteenth-century presbytery placed in context. The ground-plan of the fourteenth-century gatehouse was recovered and its twelfth-century predecessor identified. A new study of the standing remains has identified the development pattern of the claustral ranges which can now be related to the economic history of the priory. In addition, the discovery of a ceramic water-main of later-twelfth-century date provides a rare example of the use of pottery water-pipes in England.