ABSTRACT

The construction of a social problem occurs as the public assimilate information from a variety of sources about the nature, scope and extent of a certain condition which is presented by claims makers as problematic. This information is used to create a conception that represents a shared social understanding of the problem. Although there are numerous sources of such information, the acceptance of the condition as a social problem in other countries will clearly be influential, especially if it resulted in a legislative response. The existence of a shared language and a comparable legal system ensure that Britain is particularly responsive to legal developments in other English speaking, common law jurisdictions such as Australia, the US and Canada. The similarities between the legal systems ensure that analogous decisions can be used in a meaningful manner by the British legal system77 and the common language renders judicial decisions, legislation and academic research readily accessible for consideration.78 Certainly, once the government of the day decided to consider legislation to address the problem of stalking, it was the approaches taken in the US, Australia and Canada that were considered.79