• RE: AB (termination of pregnancy)[2019] EWA CIV 1215: ‘wishes and feelings’ under the mental capacity act 2005

      Cherkassky, Lisa; University of Derby (Oxford University Press (OUP), 2020-06-15)
      In Re: AB (Termination of Pregnancy), the Court of Appeal was asked to consider an assumption made about the future living arrangements of a pregnant patient, and the weight to be ascribed to her wishes and feelings when she had no real understanding of her predicament. This commentary explores the importance of taking into account the perspective of the patient, even if suffering from a mental disorder, and it will analyse the existing common law to show that the weaker the ability of the patient to form her own wishes and feelings, the more appropriate it would be to rely on the remaining evidence.
    • The regulation of illegal fundraising in China

      Huang, Flora; Liu, Xinmin; Yeung, Horace; University of Essex (Taylor and Francis, 2018-10-03)
      The rise of financial technology means that it is easier than ever to raise funds from a large group of people, notably via peer-to-peer lending or crowdfunding platforms. This article seeks to discuss the law on illegal fundraising, which has existed for some time before the boom of the Internet, as a legal response to the increasing number of fundraising from the public. Regulation is necessary to ensure market order and investor protection. Virtually in all markets, there are restrictions on how entities can make a public offer of shares, bonds and/or other investment schemes. There are several laws, most notably criminal law, in China that are relevant to illegal fundraising. An individual/company can poten- tially breach one or more of these rules as long as they attempt to raise funds from a non-conventional (i.e. not stock markets or banks) route. The worst outcome of this used to be death penalty. There has been a degree of ambiguities in the application of these laws. The article will attempt to clarify these ambiguities. The regulation of illegal fundraising can have a far reaching conse- quence on the financial markets in China, considering that non- state entities, particularly small and medium-sized enterprises, have limited access to conventional finance. The article will con- sider whether China is on the right track in terms of regulation to allow alternative fundraising channels to thrive. This article is the first ever to present a holistic account of the regulation of illegal fundraising in China.
    • Repeat victimisation.

      Farrell, Graham; Pease, Ken; University of Leeds; Loughborough University (Routledge, 2016-11-01)
    • Ricoeur and the hermeneutics of suspicion

      Scott-Baumann, Alison; University of Derby (Continuum Bloomsbury, 2009)
      Paul Ricoeur (1913-2005) was one of the most prolific and influential French philosophers of the Twentieth Century. In his enormous corpus of work he engaged with literature, history, historiography, politics, theology and ethics, while debating ‘truth’ and ethical solutions to life in the face of widespread and growing suspicion about whether such a search is either possible or worthwhile. In Ricoeur and the Hermeneutics of Suspicion, Alison Scott-Baumann takes a thematic approach that explores Ricoeur’s lifelong struggle to be both iconoclastic and yet hopeful, and avoid the slippery slope to relativism. Through an examination of the ‘hermeneutics of suspicion’, the book reveals strong continuities throughout his work, as well as significant discontinuities, such as the marked way in which he later distanced himself from the ‘hermeneutics of suspicion’ and his development of new devices in its place, while seeking a hermeneutics of recovery. Scott-Baumann offers a highly original analysis of the hermeneutics of suspicion that will be useful to the fields of philosophy, literature, theology and postmodern social theory.
    • Risk management in stalking victims: A multi-agency approach to victim advocacy

      Jerath, Kritika; Tompson, Lisa; Belur, Jyoti; University of Derby; University of Waikato, Hamilton, New Zealand; University College London (SAGE Publications, 2020-12-15)
      A pilot Multi-Agency Stalking Intervention Programme (MASIP), introduced in three police forces in England, provided among a range of interventions, the delivery of safety planning advice, and needs-based support for stalking victims through a bespoke advocacy service. The ultimate aim of MASIP was to equip victims with tools to manage the variety of harms caused by stalking, as well as enable them to access the criminal justice system with adequate support. This study explores the personal needs of stalking victims from the perspectives of stalking victims, advocates and stakeholders involved in the intervention program, as part of a larger evaluation study conducted by the authors. Semi-structured interviews were conducted with a total of 10 stalking victims who participated in the MASIP, three advocates who directly interacted with the victims, and 19 MASIP stakeholders involved in the project. Findings revealed that overall, victims believed the advocacy service aided their ability to cope with the realities of stalking. Having a victim advocate as single point of contact made victims’ journey through the justice system easier to navigate, provided them with the emotional support that they required to deal with the harms of stalking and the practical advice offered regarding their personal safety, and allowed them to feel in control of their own risk management. Advocates reported that the multi-agency context helped in risk assessment and ability to design and deliver bespoke support plans, which uniquely improved victims’ engagement with the service. Due to the small size and possibly biased sample, our conclusions must be interpreted with caution.
    • The secret world of liver transplant candidate assessment

      Cherkassky, Lisa; University of Bradford (2011)
    • Selecting a disabled embryo can constitute grievous bodily harm

      Cherkassky, Lisa; University of Derby (2015)
      The Human Fertilisation and Embryology Act 1990 (as amended) in the UK allows parents to select a disabled embryo for implantation as part of fertility treatment services. There was widespread condemnation of a couple in the United States who intentionally conceived two deaf children, and there is evidence to suggest that requests for dwarfism are on the rise. This article suggests that it is an offence against the person to give birth to an intentionally disabled child, and that this is a unique criminal act that can be distinguished from a wrongful life action (rejected in UK law by McKay v Essex Area Health Authority [1982] Q.B. 1166). The components of s.18 of the Offences Against the Person Act 1861 will be explored to prove that should an intentionally disabled child ever come forward, a prosecution may be possible under the criminal law.
    • Self-disclosure and self-deprecating self-reference: Conversational practices of personalization in police interviews with children reporting alleged sexual offenses

      Childs, Carrie; Walsh, Dave; University of Derby (Elsevier, 2017-11-06)
      This article examines how police officers ostensibly reveal personal information about themselves in investigative interviews with children reporting their being victim of alleged sexual offenses. We identify two practices of personalization. First, we show how, during the opening phase of interviews, officers engage in clear, unambiguous self-disclosure and how these self-disclosures are designed to elicit expressions of affiliation from witnesses. Second, we identify instances of self-deprecating self-reference as in ‘I’m going deaf that's all’. These self-references are delivered to manage trouble responsibility in environments of repair. We show how they manage the conflicting demands of rapport building and the requirement to make interviewees feel as if they are being listened to and understood, on the one hand, and the need for effective evidence gathering, on the other. The present study extends understanding of how officers personalize the investigative interview, as recommended by best practice guidelines.
    • Self-selection policing: Theory, research and practice.

      Roach, Jason; Pease, Ken; University of Huddersfield; Loughborough University (Palgrave Macmillan, 2016)
    • Shareholder protection in China from a numerical comparative law perspective

      Huang, Flora; Yeung, Horace; University of Essex; University of Leicester (Oxford Academic, 2019-04-16)
      The traditional approach in legal comparative research is doctrinal rule based. A relatively recent breakthrough has been the use of econometric techniques in comparing the extent of success in different jurisdictions with respect to, for example, protecting shareholders. The meshing of legal research and econometrics is known as ‘leximetrics’. One of the most prominent and widely cited use of leximetrics is the seminal study by Rafael La Porta and colleagues on the correlation between shareholder protection and financial development. The study, though highly influential, has attracted various criticisms. Subsequent studies have sought to build on the study by coming up with improved research design. For example, using a panel data set covering a range of developed and developing countries, researchers from the Cambridge Centre for Business Research have discovered that a significant upward movement in the level of shareholder protection was made by China between 1990 and 2013. It has been suggested that, during this period, China experienced the ‘biggest increase in shareholder protection’ among 30 countries studied, and China was amongst the top performers (along with France and Russia) in shareholder protection in 2013, performing even better than the United Kingdom and the USA. At the same time, the World Bank’s Protecting Minority Investors Index, which forms part of its Doing Business reports, has recently painted a rather opposite picture, in contrast to the positive assessment by the Centre for Business Research, by putting China in the 119th position out of 190 countries, which indicates a very mediocre performance. This article seeks to address the question of whether and how the two studies, both employing leximetric techniques and examining an ostensibly similar issue, can point to discrepant results.
    • Sino-African trade: A multi-layered appraisal

      Huang, Flora; Yeung, Horace; University of Derby; University of Leicester (Electronic Publications, 2020-04)
      There are both believers and critics on the state and potential of Sino-African trade. For example, China’s Belt and Road Initiative (BRI) is expected to benefit several African countries. At the same time, some critics refer to it as ‘debt trap diplomacy’ for China to politically and economically exploit the countries involved. Nearly a decade ago, China surpassed the US to become Africa’s largest trading partner. Sino-African trade is now four times larger than that of US-Africa. While the importance of Sino-African trade can be seen in the scale of trade and investment, this article at the same time concerns the legal, and also some non-legal mechanisms such as BRI and the Forum on China-Africa Cooperation, to take the bilateral/multilateral relations to the next level. Other than continental and country level perspectives, firm level considerations cannot be ignored. Chinese companies now dominate in certain Africa’s business sectors and are rapidly expanding into new sectors. There have been concerns regarding the behaviour of certain Chinese companies in Africa. Through a multi-level analysis, the article endeavours to form a comprehensive picture of the closer than ever Sino-African trade relations.
    • A situational approach to heritage crime prevention.

      Grove, Louise; Pease, Ken; University College London (Palgrave Macmillan, 2014)
    • The sociological implications for contemporary Buddhism in the UK: socially engaged Buddhism, a case study

      Henry, Philip M.; University of Derby (Dickinson Blogs, 2006)
      Buddhist Studies has, for well over a century, been seen by many in the academy as the domain of philologists and others whose skills are essentially in the translation and interpretation of texts derived from ancient languages like classical Chinese, Pāli, Sanskrit, and its hybrid variations, together with the commentarial tradition that developed alongside it. Only in the last thirty-five years has there been an increasing number of theses, journal articles, and other academic texts that have seriously addressed the developments of a Western Buddhism as opposed to Buddhism in the West. As Prebish (2002:66) attests, based on his own 1975 experience of teaching Buddhism in the United States, “Even a casual perusal of the most popular books used as texts in introductory courses on Buddhism at that time reveals that Western Buddhism was not included in the discipline called Buddhist Studies.” Fundamentally, this paper addresses Buddhist identity in contemporary settings, and asks what it means to be Buddhist in the West today. This is the overarching theme of my doctoral research into socially engaged Buddhism in the United Kingdom, which addresses the question of how socially engaged Buddhism challenges the notion of what it means to be Buddhist in the twenty-first century.
    • State vs non-state armed groups - a political economy of violence

      Jegede, Francis; Bampton, Kevin; Todd, Malcolm; University of Derby (Global Science and Technology Forum (GSTF 2015), 2015)
      The early 21st century has witnessed the rise in violent extremism with groups such as Al Qaeda and Islamic State of Iraq and the Levant (ISIL) in the Middle East, the Boko Haram in West Africa, and Al Shabaab in East Africa. The activities of these and other non-state armed groups have created a general state of panic and fear that is spreading beyond their areas of operation to other parts of the political world. Rather than diminishing the influence of these groups, the states' counter extremism strategies seem to be further fuelling the extremism and creating new waves of violence that threatens global security and undermines the very essence of our collective wellbeing. This paper examines the socio-economic and political environment in which these armed groups have thrived and poses the question as to whether the failure of politics and development are to blame for the rise of extremism. The paper proposes a new approach to combating extremism that involves re-connecting people with politics and development. The basic contention of this paper is that there has been a failure of the state to satisfy the wellbeing of its citizens. The paper provides an explanation of, but by no means a justification of, the use of violent extremism in the early 21st century.
    • Stock connect: Integration, internationalisation and implementation

      Huang, Flora; University of Derby (Sweet and Maxwell, 2021-05-20)
      Stock Connect is a stock exchange collaboration between China and international bourses such as Hong Kong and London. In contrast to existing literature mostly focusing on economic analysis, this article explores the legal issues in Stock Connect and makes practical contributions by appraising the successes and failures of this scheme.
    • Taking crime seriously: Playing the weighting game

      Ignatans, Dainis; Pease, Ken; University of Derby (Oxford Academic, 2015-09-18)
      The advantages and problems of weighting crime counts by harm inflicted are detailed. To obtain a better understanding of crime trends and distributions, victim judgements of the seriousness of offences committed against them derived from the Crime Survey for England and Wales (CSEW) were analysed and used as weights of crime counts. The data were used to check whether there was a seriousness drop paralleling the crime drop of recent decades. There was, albeit somewhat less precipitous. Series crimes (i.e. repeated crimes against the same targets and presumed to be by the same perpetrators) account for an astonishing 39% of all crime and around 42% of crime weighted by seriousness. The article focuses on distributions across households. In line with our earlier work on crime events per se, the most victimized households have benefited most from the seriousness ‘drop’ in absolute terms, but still account for a similar proportion of total harm over time. A case is made for the use of CSEW victim seriousness judgement for a variety of analytic and practical purposes.
    • The “tech” of two cities: what Hong Kong failed but Shenzhen succeeded

      Huang, Flora; Yeung, Horace; University of Essex (Coller Capital, 2017-05-01)
      Shenzhen used to be a tiny town of around 30,000 people, north of the then prosperous British colony, Hong Kong, in southern China. The story is certainly entirely different now that Shenzhen is comparable to, if it has not already outshone its once proud neighbor. Shenzhen’s Nanshan district, home to a huge hi-tech industrial park, is now China’s richest, with a higher per capita GDP than even capitalist Hong Kong. This article will compare the two cities through the use of CIV city cases. It will discuss whether the institutional differences can help to explain the respective growth stories of the cities. Afterwards, the article will consider the prospects of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone, a national-level initiative to combine the core strengths of the two cities in an attempt to boost the existing technology center to a new level before a conclusion is drawn.
    • Terrorism's footprint of fear

      Roach, Jason; Pease, Ken; Charlotte, Sanson; University of Derby; University of Derby (Routledge, 2016-08-24)
      Generally, when terms have extensive connotative baggage, it is wise to denude them. In the context of this paper, the only attribute we feel might be retained from the terrorism label is its implication that in such attacks, classes of people are deemed more or less equally ‘legitimate’ targets such that each citizen regards herself as a legitimate target. In the terrorist’s ideal scenario, insofar as it is thought through, the evocation of public fear of victimisation advances their cause. It leads to pressure on governments to settle or serves to destabilise the target administration by making daily life more problematic and by devoting resources to combatting terrorism’s threat that cannot be sustained indefinitely. The evolutionary context to this book leads us to consider anti-predator behaviour by prey animals alongside public fear of victimisation generated by acts of terrorism.
    • Text, cases and materials on medical law

      Cherkassky, Lisa; University of Derby (Pearson, 2015)
      Text, Cases and Materials on Medical Law combines detailed commentary and analysis of the law with excerpts from a range of sources, both legal and non-legal, to help set the law in context and deepen your knowledge of this contentious and highly emotive area of law.