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Victims of Environmental Harm Rights Recognition and
Redress Under National and International Law 1st
Edition Matthew Hall Digital Instant Download
Author(s): Matthew Hall
ISBN(s): 9780415677004, 0415677009
Edition: 1
File Details: PDF, 2.51 MB
Year: 2013
Language: english
Victims of Environmental Harm

In recent years, the increasing focus on climate change and environmental

degradation has prompted unprecedented attention on the criminal liability of
individuals, organizations and even states for polluting activities. These develop-
ments have given rise to a new area of criminological study, often called ‘green
criminology’. Yet in all the theorizing that has taken place in this area, there is
still a marked absence of specific focus on those actually suffering harm as a
result of environmental degradation. This book represents a unique attempt to
substantively conceptualize and examine the place of such ‘environmental
victims’ in criminal justice systems both nationally and internationally.
Grounded in a comparative approach and drawing on critical criminological
arguments, this volume examines many of the areas traditionally considered by
victimologists and relates these areas to victims of environmental crime and,
more widely, environmental harm. These include victims’ rights, compensation,
treatment by criminal justice systems, and participation in that process. The book
approaches the issue of ‘environmental victimization’ from a ‘social harms’ per-
spective (as opposed to a ‘criminal harms’ one), thus problematizing the defini-
tions of environmental crime found within most jurisdictions. Victims of
Environmental Harm concludes by mapping out the contours of potential further
research into a developing green victimology and how this agenda might inform
criminal justice reform and policy-�making at national and global levels.
This book will be of interest to researchers across a number of disciplines
including criminology, international law, victimology, socio-�legal studies and
physical sciences, as well as to professionals involved in policy-�making
processes.

Matthew Hall obtained a PhD from the University of Sheffield in 2007, having
previously graduated from Sheffield’s MA in International Criminology Pro-
gramme. He is now senior lecturer in Law and Criminal Justice at Sheffield,
where he teaches many aspects of criminology, as well as criminal law and the
law of evidence. He is an editor for the International Review of Victimology.
Routledge Frontiers of Criminal Justice

1 Sex Offenders: Punish, Help, Change or Control?

Theory, policy and practice explored
Edited by Jo Brayford, Francis Cowe and John Deering

2 Building Justice in Post-­Transition Europe

Processes of criminalisation within Central and Eastern European societies
Edited by Kay Goodall, Margaret Malloch and Bill Munro

3 Technocrime, Policing and Surveillance

Edited by Stéphane Leman-­Langlois

4 Youth Justice in Context

Community, compliance and young people
Mairead Seymour

5 Women, Punishment and Social Justice

Human rights and penal practices
Margaret Malloch and Gill McIvor

6 Handbook of Policing, Ethics and Professional Standards

Edited by Allyson MacVean, Peter Spindler and Charlotte Solf

7 Contrasts in Punishment
An explanation of Anglophone excess and Nordic exceptionalism
John Pratt and Anna Eriksson

8 Victims of Environmental Harm

Rights, recognition and redress under national and international law
Matthew Hall

9 Doing Probation Work

Identity in a criminal justice occupation
Rob C. Mawby and Anne Worrall
Victims of
Environmental Harm
Rights, recognition and redress under
national and intemationallaw

Matthew Hall

R~~~;!;~~;"P
LONDON AND NEW YORK
First published 2013
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2013 Matthew Hall
The right of Matthew Hall to be identified as author of this work has been
asserted by him in accordance with sections 77 and 78 of the Copyright,
Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilized in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in
any information storage or retrieval system, without permission in writing
from the publishers.
Trademark notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identification and explanation
without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-­in-Publication Data
Hall, Matthew (Criminologist)
Victims of environmental harm: rights, recognition and redress under
national and international law/Matthew Hall.
pages cm. – (Routledge frontiers of criminal justice)
Includes bibliographical references and index.
1. Offenses against the environment. 2. Victims of crimes–Legal status,
laws, etc. 3. Reparation (Criminal justice) 4. Liability for environmental
damages I. Title.
K5278.H35 2013
344.04′6–dc23
2012033403
ISBN: 978-0-415-67700-4 (hbk)
ISBN: 978-0-203-08344-4 (ebk)
Typeset in Times New Roman
by Wearset Ltd, Boldon, Tyne and Wear
For Kate
Contents

Foreword ix
Acknowledgements xii
List of abbreviations xiii

1 Victims, environmental harm and international law 1

1.1 Introduction and goals of this book 1
1.2 Theoretical perspectives 11
1.3 The role of the state and of international law 19
1.4 Summary and book structure 22

2 Identifying and conceptualizing the victims of

environmental harm 25
2.1 Investigating environmental victimization and its
impacts 26
2.2 Victims as offenders, offenders as victims 38
2.3 Inequalities in the impacts of environmental
victimization 41
2.4 Environmental victims as victims of abuse of power? 47
2.5 Ways forward 48

3 Environmental victims across jurisdictions: criminal law

and state responsibility 50
3.1 The challenges of incorporating environmental harms into
criminal law 51
3.2 Victims of environmental harm in domestic criminal
justice systems 54
3.3 Victims of environmental harm in European criminal
justice 57
3.4 Beyond Europe: the 1985 UN declaration and international
law 61
viii   Contents
3.5 International criminal law: prospects for the International
Criminal Court 64
3.6 State responsibility for environmental degradation under
international law 66
3.7 Conclusions and ways forward 71

4 Human rights, victim rights, environmental rights? 73

4.1 Conceptualizing victims’ rights 75
4.2 The human rights of environmental victims 80
4.3 Victim participation? 87
4.4 Discussion and ways forward 92

5 Responding to environmental victimization: compensation,

restitution and redress 96
5.1 What do victims of environmental crime want?
What do they need? 97
5.2 Mechanisms of redress 100
5.3 International influences on compensation and restitution
for victims of environmental harm 118
5.4 Restorative options 123
5.5 Conclusions and ways forward 126

6 Mapping out a green victimology 132

6.1 Is criminal justice the solution? 132
6.2 What are the limitations of current provisions for
environmental victims? 137
6.3 Environmental victims: the need for an interdisciplinary
approach 140
6.4 Green victimology 144
6.5 Final conclusions 154

Notes 156
References 167
Index 188
Foreword

The field of ‘green criminology’ has grown remarkably in recent years and will
no doubt continue to expand rapidly as environmental conditions deteriorate.
Climate change, in particular, is set to fundamentally transform the present
world. The impact of global warming is already being felt, and rises in the
Earth’s temperature will continue to generate increasingly profound shifts in
weather conditions and climatic events. The devastation wrought by Superstorm
Sandy along the eastern seaboard of the United States in October 2012 was not
simply a once-­in-a-­generation phenomenon; it marks part of the beginning of
regular chaotic events, the predicted result of anthropogenic contributions to
greenhouse gas emissions.
Meanwhile, the demise of plant and animal species, both through legal and
illegal means, the growth in human population, and the shrinking of natural
resources (such as drinking water) and non-­renewable resources (such as oil and
gas), all add up to enormous pressures on the environment generally. With bio-
diversity under threat, global resilience to the impacts of climate change is being
reduced. Yet the commodification of nature ensures that economic value is, iron-
ically, best realised in conditions of advancing scarcity. Environmental degrada-
tion and destruction is, for some, profitable.
Simultaneously, the global pursuit of the Western consumer lifestyle daily
adds to the pollution of air, water and land. Factories belch out smoke, as do
cars, buses and trucks designed to transport people and goods. Illegal transfer of
electronic waste is fast becoming one of the biggest environmental crimes, while
vast areas of the planet continue to suffer deforestation in the global scramble
for new mega-­mines, for coal-­seam gas, for GMO crops and for pastures for
cattle and sheep. Changing land uses are creating new toxic towns; new forms of
recycling of ships and electronic products are producing contaminated commu-
nities. And the planet continues to heat up.
The study of environmental crime and harm has been the core focus of green
criminology for more than two decades. Who is doing what, where, and how
have been the key questions of those working in this area. The main focus has
been on offenders and perpetrators of harm, and on detailing specific instances
of environmental vandalism. The pursuit of social and ecological justice has
informed much of this work, yet aside from that literature specifically linked to
x   Foreword
and stemming from the Environmental Justice movements, little has expressly
been written about environmental victims.
This is now set to change. As our collective knowledge of global environ-
mental harm increases, there is an appreciation that those who suffer from envi-
ronmental victimisation deserve sustained analysis and strategic interventions in
their own right. As Matthew Hall demonstrates in this book, however, this is not
a straightforward task. Environmental victimisation is, indeed, an extremely
complicated and multifaceted issue. The complexity is much further com-
pounded if we include the non-­human in addition to the human as victim.
As with ‘ordinary’ victims within criminal justice, there are persistent
issues of recognition, acknowledgement, participation, redress, compensation
and restoration that pertain to matters of justice for victims of environmental
crime. Unpacking the myriad issues that obtain in such cases is a key task of
the present work by Hall. Insights are needed, for example, into the impacts of
environmental harm on human victims, including the inequalities in these
impacts among diverse population groups. It is vital to gain a picture of how
such harms are or could be dealt with within existing criminal laws, and of the
potential for human rights law to offer protection and newly conceptualised
rights in relation to the environment. What is to be done with and for victims
and survivors of environmental harm takes us into the realms of restitution,
compensation and restoration, and is likewise in need of illumination.
Dealing with issues pertaining to environmental victims takes the reader
into murky legal waters, abstract theoretical matters and substantive areas of
application. Offenders are victims, and victims are offenders. The state is per-
petrator of harm, and giver of solace and recompense. The Janus nature of
criminalisation and victimisation means that there are often more than two
sides to specific questions. It is for this reason that calls for a ‘green victimol-
ogy’ include assertions of the importance of a critical, holistic approach to the
subject matter. Not all is as it seems.
Yet the need for recognition and redress is substantial and urgent, and
demands action in the here and now. The intertwining of academic and activist
projects are thus crucial to the further development of green victimology.
This book provides a broad conceptual canvas upon which dedicated dis-
cussion and debate about the victims of environmental harm take place. It is
the first book of its kind. While providing a sophisticated and careful analysis
of existing laws and policy applications in this area, it constantly affirms the
need for further refinement and continued development of the criminological
imagination. Accordingly, it provides the platform for analysis of what is,
what could be, and what should be when it comes to the situation of victims of
environmental harm. In this regard, it is intended to provoke and stimulate as
much as to establish conceptual precision and summarise existing institutional
responses. This, too, is what makes the book foundational for those of us inter-
ested in the study of environmental harm and in actively supporting those
most affected by the processes and institutions that are destroying life as we
know it.
 Foreword   xi
Analysis of who or what is being harmed ultimately leads to consideration of
environmental victims. This, in turn, highlights the need for a green victimology.
In this respect, Matthew Hall has provided a path-­breaking initiative that will
help to guide research and action in this area for many years to come.
Rob White
University of Tasmania, Australia
Acknowledgements

I owe a large debt to numerous individuals who helped make the following
volume a reality. I would particularly like to thank my colleagues from the Uni-
versity of Sheffield Centre for Criminological Research, and from the University
of Sheffield School of Law, for innumerable discussions, consultations and
brainstorming sessions on every aspect of this project. Dr Richard Collins and
Dr Russell Buchan in particular have always been on hand to help this criminol-
ogist understand and appreciate the subtleties of international law and its schol-
arship. I would also like to thank Professor Stephen Farrall for his important
advice and insights into numerous aspects of criminological theory and research
and how they might apply to climate change and environmental degradation
more widely. My thanks also to Professor Rob White of the University of Tas-
mania for his invaluable advice at the early stages of this project and for penning
the foreword to this volume: which of course is to say nothing of his enormous
contributions to the development of green criminology as a whole.
A special mention must be made here of Professor Duncan French of the
University of Lincoln School of Law. Professor French was the international
environmental lawyer who initially asked me what, if anything, criminology had
to say about environmental victims. It is hoped that this volume will go some
way to providing an initial, if somewhat belated, answer.
Finally, I would like to thank my wife Claire, my son Edward and my daugh-
ter Kate, whose support and love – as ever – are reflected on every page of this
volume.
Any errors or omissions remain my own.
Abbreviations

BBC British Broadcasting Corporation

CERCLA Comprehensive Environmental Response, Compensation, and
Liability Act, 1980 (USA)
CIViTAS Institute for the Study of Civil Society (UK)
CNTV Chinese Network Television
CVRA Crime Victims’ Rights Act 2004 (USA)
ECHR European Convention on Human Rights
ECtHR European Court of Human Rights
FCCC United Nations Framework Convention on Climate Change
FTA Freight Transport Association (UK)
ICC International Criminal Court
ILC International Law Commission
IPCC Intergovernmental Panel on Climate Change
NGO Non-­governmental organization
RSPCA The Royal Society for the Prevention of Cruelty to Animals (UK)
TSDF Treatment, storage and disposal facilities
UNECE United Nations Economic Commission for Europe
UNEP United Nations Environment Programme
UNHRC United Nations Human Rights Committee
WHO World Health Organization
1 Victims, environmental harm and
international law

1.1 Introduction and goals of this book

In the twenty-­first century, criminal victimization has become a major area of
academic debate and policy movement across most of the developed world. One
of the most significant consequences of this has been the light that has been shed
on the needs and suffering of a multitude of victims who were previously all but
invisible in the eyes of both criminal justice systems and the public at large.
Such victims include those affected by domestic violence; child and other vul-
nerable victims; the friends and family of murder victims; and both male and
female victims of rape.1 Recognition of the problems faced by these distinct
groups, both within and beyond criminal justice processes, has undoubtedly led
to significant improvements in their treatment and support in many jurisdictions
(Hall, 2010). Yet the victimological literature increasingly recognizes that other
groups have to some extent been left behind the main vanguard of this ‘victims’
movement’. Among these still neglected groups are those victimized by actions
of the state, corporate victims, the corporate and individual victims of white
collar crime, and those harmed by the effects of environmental degradation per-
petrated or brought about by individuals, corporations and states. It is with this
last group, which I will refer to as ‘environmental victims’, that this volume is
primarily concerned.2
In recent years, the enduring problem of environmental pollution and climate
change3 has become an accepted reality for most scholars and practitioners
working in both the physical and social sciences.4 The progress made in our
understanding of the causes of environmental degradations of all kinds has pre-
sented a number of challenges for lawyers in particular, as questions are increas-
ingly raised concerning the responsibility of individuals, corporations and states
for environmental harms. Given the transboundary nature of the issue, interna-
tional law has also been obliged to adapt itself rapidly to meet these new chal-
lenges, with the development of international environmental law.5 Surprisingly,
however, there has been almost no attempt by commentators to combine an
analysis of these developments in the domestic and international legal orders
with some of the relatively well-­established lines of critical criminological and
victimological enquiry.
2   Environmental harm and international law
In light of the above observations, the present volume addresses the issue of
environmental victimization: representing the first broad-­scale attempt to apply
ideas and concepts developed by victimologists over the last 30 years to this rel-
atively new field. The book will also explore the question of who are the victims
of such environmental harms and how such victimization is often unequally dis-
tributed among the world’s populations (see White, 2008a). The resulting analy-
sis will be grounded in the author’s long-­term interest in the legal position and
rights of victims of crime and other social harms (Hall, 2009, 2010) coupled
with the growing field of green criminology (Edwards et al., 1996) and the
development of international environmental law.
In combining these areas of analysis, and thereby approaching the issue of
environmental crime and environmental victimization from an interdisciplinary
and comparative perspective, this volume will offer fresh insight into the impor-
tant questions raised by such victimization. In particular, because international
(environmental) law has tended to exclude consideration of the individual in
favour of the state, the approach taken by this volume will offer a rare, unified
consideration of both structure and agency as they relate to such matters. Given
the growing interest from governments and international organizations in the
harms caused by environmental pollution (spurred on by the developing evidence
of the full impact of environmental degradation of all kinds), such an analysis is
long overdue, and should prove an important contribution to the on-­going policy
debate now occurring in all jurisdictions on how they can adapt their justice
systems (and other forms of conflict redress) to address these matters. To this
end, this volume will present a theoretical framework for understanding and
approaching the issue of environmental victimization through criminal (and
other) justice mechanisms.
With the above aims in mind, the principal research questions to be addressed
in this volume are these:

1 Can criminal justice play an effective role at the national and international
levels in providing official recognition, support and redress for victims of
environmental harm?

This necessitates two secondary questions:

2 What are the limitations to current provisions for official recognition,

support and redress for victims of environmental harm6 through criminal
justice, both within individual jurisdictions domestically and at the interna-
tional level?
3 What does an interdisciplinary approach (encompassing socio-­legal analysis,
criminology, victimology and international law) teach us about how to
effectively address these limitations?

The principal contention of this book is that closer collaboration between inter-
national legal scholars, criminologists interested in green issues generally, and
 Environmental harm and international law   3
those interested in victimization specifically, has the potential to markedly
advance our understanding of a wide range of under-­researched issues, includ-
ing: the support needs of those affected by environmental harms; the state’s
responsibility for the adverse impacts of climate change; and the mechanisms of
redress and compensation available to those suffering the impacts of man-­made
environmental disasters at the national and international level.
To clarify the intended scope of this volume, two points need to be made
from the outset. First, as mentioned above, this book is primarily concerned
with the victims of man-­made environmental disasters as opposed to the ‘casu­
alties’ (Williams, 1996) of natural catastrophes. Of course, the distinction
between what is ‘natural’ and what is ‘man-­made’ may be at the heart of any
dispute over the obligations of the state or other parties to provide compensa-
tion, restitution and support to victims. An analysis and comparison of the
state’s responsibility in both cases forms an important component of Chapter
5. The second preliminary point is that this volume is chiefly concerned with
the human victims of man-­made environmental degradation. This is not
however to deny or dismiss the wealth of arguments in the literature that such
an anthropocentric approach ignores the complex relationship between
humans, animals and the biosphere (Lynch and Stretesky, 2003), together with
wider notions of ecological justice (White, 2008a), and these issues will not be
excluded from my overall analysis. Indeed, White (2011) has also found it
necessary to confine his most recent chapter dedicated to victims of environ-
mental harm to human victims, as a way of situating his discussion within a
conception of environmental rights (as an extension of human social rights),
and also in the context of an argument7 that environmental victimization, like
other forms of victimization, is an active social process. The present volume
draws on a similar theoretical approach but, unlike White, factors in a more
legalistic analysis of the position of environmental victims at the national and
international levels. At the same time, however, I fully acknowledge (along
with White) that a book of this length can inevitably offer discussion of only
one part of a far wider problem.
Three further terms require explanation before proceeding further. First, as
I have already noted, individuals or groups harmed by the effects of environ-
mental degradation perpetrated or brought about by individuals, corporations
and states will be referred to as ‘environmental victims’ in this volume. It is
important to note that this term is deliberately wider than ‘victims of environ-
mental crime’. It will be seen later in this chapter that the question of whether
any given environmental victimization is officially criminalized within a given
jurisdiction (or internationally) will be an important theme for this volume as
a whole.
Second, throughout the course of this book I will often draw contrasts
between both environmental victims and victims of environmental crime on the
one hand with ‘traditional victims’ on the other. ‘Traditional victims’ here refers
broadly to all classifications of victims of crime which have received extended
attention by criminologists and victimologists, and by policy-­makers, in most
4   Environmental harm and international law
developed jurisdictions (see Goodey, 2005). These include those usually covered
on crime surveys (victims of acquisitive and violent crime, the latter comprising
both ‘public’ violence and domestic violence) and victims of sexual crimes. I am
also including within this category secondary victims (‘survivors’) of homicide.
The term is not used in a prescriptive sense, and will usually be used to draw
comparisons between the availability of services, support and redress mechan­
isms for other kids of victims and the relative absence of such facilities for envi-
ronmental victims.
Finally, this volume will use the term ‘environmental degradation’. This has
been variously defined (see Lonergan, 1998), but is used here in the same sense
as the UN’s International Strategy for Disaster Reduction (2007): ‘the reduction
of the capacity of the environment to meet social and ecological objectives and
needs’ (unpaginated). Note that this definition includes the effects of climate
change more broadly. In light of the above definition of ‘environmental victims’,
in practice this volume will often be discussing environmental degradation
brought about by human actions or inactions, albeit of course the question of
culpability will often be key to any associated legal debates.
The remainder of this chapter has two key purposes. First, it will set out the
academic and conceptual background informing the above research questions.
Second, the chapter will highlight at various points the potential contribution of
an interdisciplinary approach (advocated by this volume) to these issues, both as
a means of taking forward this established literature and, perhaps more impor-
tantly, of converting the theory into something practical that can be utilized by
legal practitioners and policy-­makers. It seems logical to begin this discussion
with an introduction to a number of the key literatures that will be drawn upon,
starting with the developing field of ‘green criminology’ and moving on to the
growth of the victims’ movement; cultural victimology; ‘green victimology’;
and the role of the state in environmental harms.

1.1.1 Green criminology?

‘Green criminology’ is defined by White (2008a) as ‘basically refer[ing] to the
study of environmental harm, environmental laws and environmental regulation
by criminologists’ (p. 8). Although the term ‘environmental criminology’ is
sometimes used interchangeably with ‘green criminology’,8 the former label has
more traditionally been associated with the study of crime patterns as they relate
to particular locations. For this reason the terms ‘green criminology’ and ‘green
victimology’ are generally employed throughout this volume. Indeed, on the
question of terminology Ruggiero and South (2010) have argued:

[F]or all that it invites criticism as lacking precision and possibly being open
to interpretation as aligned with a ‘green political party’ position, the term
‘Green Criminology’ has become the most familiar and suggestive term, and
also serves well as the most comprehensive conceptual umbrella.
(p. 247)
 Environmental harm and international law   5
As hinted by this extract, the use of such terminology is still contentious in some
quarters. On this point, Lynch and Stretesky (2003) have refined the use of the
term ‘green’ in this context to include environmentally damaging outcomes
brought about by actions that are not necessarily illegal9 or in contravention of
regulatory frameworks, or even at odds with public morals. As noted by Skin-
nider (2011):

[M]any environmental disruptions are actually legal and take place with the
consent of society. Classifying what is an environmental crime involves a
complex balancing of communities’ interest in jobs and income with eco-
system maintenance, biodiversity and sustainability.
(p. 2)

Or, as Gibbs et al. (2010) have put it:

A grey area emerges for environmental risks that are not currently subject to
regulation or criminal enforcement but where further understanding of the
risk may lead stakeholders to argue for regulation and/or criminalization.
(p. 133)

Halsey (2004), in criticizing Lynch and Stretesky (2003), has argued that the
label ‘green criminology’ is in fact too simplistic to adequately reflect the com-
plexities of the issues at hand:

Indeed, I want to suggest that the term ‘green’ should be jettisoned from
criminological discourse, primarily because it does not adequately capture
the inter-­subjective, inter-­generational, or inter-­ecosystemic costs which
combine to produce scenarios of harm.
(p. 247)

For Lynch (1990) ‘green criminology’ was a product of the coming together of
at least three movements. First, ‘ecofeminists’ (as Lynch understands this label)
from the mid-­1970s began arguing that the effects of environmental degradation
fall disproportionately on women compared to men10 (Griffin, 1978; Nash,
1989). Lynch attributes the second foundation of green criminology to growing
discussions of what has come to be known as ‘environmental racism’. This is the
suggestion that the impact of environmental degradation falls disproportionately
on some races (Collin, 1994). Finally, Lynch draws on what he calls ‘red/green
alliances’, by which he means forms of ecological socialisms, the adherents of
which sought to emphasize the inequalities of wealth and power in society which
lead to increased environmental degradation while also ensuring it is the poor
and socially excluded who bear the brunt of its negative effects (Pepper, 1993).
What is significant about Lynch’s conception of the growth of green crim­
inology for the purposes of the present volume is that all three of his pillars are
essentially commentaries on the victims of environmental degradation. Particular
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180 THE USE OF A COMMERCIAL PATTERN Wool. —

Although very few slips are made of wool, it seems advisable to
learn how to shrink it, as most wool fabrics must be shrunk before
making them into garments. This may be done at the store where
the material is purchased, at a reliable tailoring shop, or at home. To
shrink wool, wet a sheet in lukewarm water, wring out and lay out
flat. Open the material to be shrunk to one half its width and length.
Keep the fold in the center. Lay the material over the sheet, roll
together, smoothing out every wrinkle as the rolling is done. Let
stand overnight, or until the material is thoroughly dampened. Unroll
and press on the wrong side until dry. Using a Commercial Pattern.
— The following hints will help you learn how to use a commercial
pattern. 1. Study your pattern as you would a puzzle until you are
able to recognize and fit all the pieces together. Read carefully all
directions and information on the envelope. 2. Observe the views
shown on the outside of the envelope to see how you want to make
your garment. Notice such STUDY YOUR PATTERN ,._ . dinerences in
styles as long or Patterns are easy to use if you take time to learn
about them. short sleeves, shape of neckline, and belts. Select the
view or style which you wish to use and draw a pencil line around it.
3. Open the envelope. In every standard make of pattern there is a
printed sheet of paper known as a guide sheet or instruction sheet.
Although it has a different name in each make of pattern, it contains
directions and diagrams for laying the pattern, cutting, and
constructing the garment. Study this carefully. 4. Study the diagram
of the pieces of the pattern and be able to identify each piece of
your pattern. If at school, write your name on the envelope, guide
sheet, and each piece of your pattern. 5. Select the pieces of pattern
which you will need for making your style of garment ; fold the
others, pin them together, and replace them in the envelope.
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USING A COMMERCIAL PATTERN 181 6. Study and know

the use of each marking on a pattern before you use it. Pattern
companies have various ways of instructing their customers in the
proper use of the pattern. For this purpose perforations in the form
of small round or square holes, dotted lines, arrows, and printed
instructions are used. Most patterns use notches on the edges for
putting parts together, with duplicate notches matching. Note how
the seam allowance is marked and the width of it. Activity. — Write
the answers to the following questions : (a) What is the make of
your pattern ? (6) What marks are used for the correct placing of the
pattern on the straight of the material ? (c) What mark is used to
show placing on the fold of the material? (d) What is the purpose of
each set of notches ? (e) What is the width of the seam allowance?
How is it marked? (/) What marks are used to show FlGURE 31>
TEST YQUR darts, tucks, pleats, and trimmings ? PATTERN FOR SIZE
7. Test your pattern for size. Since commercial patterns are made to
fit the average figure, they should be tested, because most figures
vary in some way from the average. (Figure 31.) (a) Check your
measurements with the pattern by taking your own measurements
and comparing them in size with those accompanying the pattern :
bust measure, sleeve length, waist measure, hip measure, and
length. (6) Pin the pieces of the pattern together, with the seams
overlapping. Be sure to match all of the notches, and pin in darts,
pleats, etc. Fit the pattern, adjusting it correctly to the figure. Note
and make any alterations in size or style. (c) Make a test pattern if
you are using expensive fabric, or making a garment for someone
who is very difficult to fit. Alter the
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182 THE USE OF A COMMERCIAL PATTERN pattern and cut

a new pattern from an inexpensive material, such as unbleached
muslin. Try on and fit the test garment, then rip and use it for a
pattern. Activity. — Explain the steps necessary for testing a
commercial pattern to insure a garment that fits well. How would
this save time in fitting ? Altering a Commercial Pattern. — There are
numerous kinds of alterations which can be made in any pattern, but
there are certain ones which are more or less general for all figures
and for all patterns. . It is well to know how to make the following
pattern alterations: (Figures 32 and 33.) 1. To increase the bust
measure and width of the shoulder. — Draw a line straight down
from the center of the shoulder line to the lower edge of the pattern
on both the front and back pieces. Cut on these lines. Separate each
piece enough to add one fourth of the additional width needed.
Complete the shoulder line. 2. To increase the bust measure without
increasing the width of the shoulder. — Make a slash in line with the
center of the shoulder, beginning at the lower edge of the pattern
and cutting to within ^ inch of the shoulder. Spread the pattern to
give the additional width needed. If the bust is very full, extra length
is needed. To give this length, slash at the fullest part of the bust
straight across from the FIGURE 32. PATTERN ALTERATIONS
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ALTERING A COMMERICAL PATTERN 183 center of the front

to the first slash, and then diagonally to within ^ inch of the
armseye. Spread the pattern to give the additional length needed. 3.
To decrease the bust measure and the width of the shoulder. — Lay
a fold from the center of the shoulder to the lower edge in both the
front and back pieces of the pattern, taking out one fourth of the
extra width in each of the folds. Straighten the shoulder line. 4. To
lengthen the front and back. — Cut through each piece of the front
and back pattern about 2 inches above the waistline. Separate the
pieces enough to give the added length desired. Straighten the
underarm seam line. 5. To shorten the front and back. — Lay a fold
through each piece of the front and back about two inches above
the waistline, the fold taking up the extra length. Straighten the
underarm seam line by turning back the extra edge of the pattern.
6. To alter for round shoulders. — Slash across the back of the
pattern to within ^ inch of the armseye. Spread the pattern to give
the added length. Straighten the center back line from the slash
down to the lower edge. Shorten the front by laying a fold from the
center front to within £ inch of the armseye, taking up the extra
length. Straighten the center front edge. 7. To lengthen a sleeve. —
Take the measurement of the arm from the shoulder over the
outside of the arm as the arm is slightly bent. Lengthen in two
places, below and above the elbow. Cut the pattern at each place.
Separate the pattern enough to allow one half the extra length in
each place. 8. To shorten a sleeve. — Take the measurement as
above. Shorten the pattern in two places, below and above the
elbow. Lay a fold in the pattern at each place enough to take out
one half the extra length. 9. For the large arm. — Take the
measurement of the largest part of the arm, usually 1 inch below the
armseye. Compare with the pattern, which should measure at least 2
inches more than the arm. Make a slash 1 inch from the top of the
sleeve straight down the center to within 1 inch of the lower edge of
the sleeve. Spread the amount needed and lay the extra amount in
folds.
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184 THE USE OF A COMMERCIAL PATTERN 10. To lengthen

a one-piece-dress pattern. — Slash both the front and back patterns
about 2 inches above the waistline and about three inches below the
hips. Separate the pieces enough to give one half the extra length
needed at each place. 11. To shorten a onepiece-dress pattern. —
Lay folds in the front and back patterns about 2 inches above the
waistline and about 3 inches below the hipline, taking up one half of
the extra length in each fold. 12. To increase the hip measure. —
Slash in a straight line both front and back patterns from the lower
edge to above the waistline. Spread each pattern enough to give
one fourth the extra width FIGURE 33. ADDITIONAL PATTERN
ALTERATIONS needed. Activity. — Draw small diagrams to show how
you would make these alterations in a pattern : A waist pattern too
large in the bust, A waist pattern too long, A sleeve pattern too
short, and A skirt pattern too small in the hips. Laying the Pattern. —
After the ends are straightened, lay the material flat on a surface. If
the cloth does not lie flat on the surface, pull it gently at diagonal
corners to draw it back into its original shape. Press if necessary.
(See pages 149 and 150.) Be sure to press the pattern if it has
become wrinkled.
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CUTTING OUT THE GARMENT 185 1. Find the layout for

laying your pattern on the material and draw a pencil line around it
so that you may refer to it quickly. The layout which you will use
depends upon the size of your pattern, the view of style selected,
and the width of your material. Lay every piece of pattern needed to
make the garment on the material before cutting into it. At first use
only a pin or two to hold each piece of pattern in place, in case you
have to move the pieces. Generally you place the larger pieces first
and then the smaller ones. PRACTICE ECONOMY IN LAYING A
PATTERN The layout in the guide sheet shows how to lay a pattern
on the material in the most economical way. If at school, secure
permission to pin the pattern in place. 2. Pin the pattern in place. Be
sure to use pins enough to hold the pattern firmly in place yet not so
many that the material will appear drawn. Pin a pattern along the
longest edge, then gently smooth the pattern in all directions and
pin through the center and the outer edges. Pins must not project
over the edges of the pattern. Do not lift the material as you pin the
pattern. In cases of very delicate materials use small needles instead
of pins and put tissue paper under the fabric. Before cutting, mark
the notches so they will project into the extra material. Do not cut
them into the garment. Recheck every piece to be sure that you
have made no mistake. Secure permission to cut out the garment.
PINNING A PATTERN In pinning a pattern should pins ever project
over the edge of a pattern ? Activity. — Describe exactly how you
select the layout for laying the pattern on the material. Cutting Out
the Garment. — Remember that cutting has much to do with the
style and fit of a garment. Cut at the very edge of the pattern,
keeping an even line and cutting the notches as projections. Avoid
lifting the material as little as possible as
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186 THE USE OF A COMMERCIAL PATTERN you cut. In

cutting into corners, use the points of the shears so as not to slash
into the garment or cloth. Making the Pattern Markings on the
Material. — Mark every pattern marking needed to make the
garment before removing the pattern, but do not mark the ones
used to lay the pattern. Be sure that you know the difference
between them. Use tailor's chalk, tailor's tacks, or basting. 1. To
mark with tailor's chalk. — If the material is double, mark on one
side with chalk, then place a pin through each marking, turn the
material over and mark the other side where the pins come through.
Different colors may be used for the different markings. 2. To mark
with tailor's tacks. — Use a double thread. Take a stitch through
both thicknesses of the material at the pattern marking to be
marked. Take a short back-stitch on top of the first stitch, leaving
about an inch loop, and cut the thread. If the markings are close
together, the thread need not be cut between the various tacks.
Separate the material, and then clip the loop stitches, leaving half in
each part of the material. Twist the ends of the thread to secure
them. (Figure 34.) Activity. — Practice making tailor's tacks until you
can make them correctly and speedily. AVOID UNEVEN EDGES When
cutting out a garment, keeping your left hand on the pattern will
help to hold the pattern in place while cutting the fabric. FIGURE 34.
TAILOR'S TACKS When using a commercial pattern be sure to make
tailor's tacks at all the marks needed to construct the garment. 3. To
mark notches. — Mark and cut the notches out into the extra
material. If there is not enough extra material, mark the notches as
suggested above. Do not cut into the garment.
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MAKING THE SLIP 187 NEATNESS VERSUS CARELESSNESS

You may now remove the pattern from the pieces of the garment,
after checking to see that you have made all pattern markings.
Before you do any sewing on the slip, cut a piece of material from
the scraps to try the machine. Then put the remainder of the scraps
in a neat roll and fasten. Make a running stitch less than •§• inch
from the edge of the neckline, armholes, and across the shoulders to
prevent stretching while working with it. Mark the center front and
center back with a straight uneven basting or dressmaker's basting.
Making the Slip. — Plan the exact steps to be used in making your
garment, using the directions in the guide sheet. Step 1. Decide the
kind of seams to use. In sewing the upper bias pieces or yokes to
the lower part or skirt of the slip, the lapped seam is usually used, as
it gives a smooth, strong finish. French seams or plain seams may
be used at the sides as you used in the drafted slip. A. To make a
lapped seam. (Figure 35.) 1. Turn under one edge on the seam lines
of the upper piece and skirt, and press the creases. 2. Lap the
creased edge of one piece to the seam line of the other. 3. Pin in
place and baste near the edge on the right side. 4. Stitch on the
edge, and also J inch in from the edge. 5. Remove bastings and
press. Step 2. Prepare the slip for a fitting. 1. Pin and baste the
seams. 2. Make the straps or cut lingerie tape the approximate
length and pin in place. FIGURE 35. A LAPPED SEAM
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188 THE USE OF A COMMERCIAL PATTERN Step 3. Try on

the slip for a fitting. Study the lines in front of a full-length mirror
and observe : the fullness, whether or not the seams must be taken
up or let out ; the shape of the top ; the length and position of the
straps. Pin and mark any needed alterations. Step 4- Baste
alterations and try the slip on again if necessary. Step 5. Finish the
seams and press them. Step 6. Finish the top of the slip, setting the
straps in under the finish in the right position. Step 7. Try on the slip
for a second fitting. 1. Observe if the fit of the slip is entirely
satisfactory. 2. Have the hem marked in the lower A FITTING edge.
Step 8. Finish the lower edge hem. Step 9. Apply any decorative
finish. (Pages 168 to 172.) This may have been applied sooner. Step
10. Remove all bastings and press the slip. Step 11. Estimate the
cost. Before you begin to make your slip, work out such a plan as
above, knowing the time you have to make the garment. Then
estimate how much you must accomplish each day and try to
accomplish it. If there are any sewing processes with which you are
unfamiliar or of which you are not sure, practice them for perfection
before attempting the process in the construction of the garment ;
such as making seams, pleats, darts, pockets, collars and cuffs,
belts, buttonholes, hems, and setting in sleeves.
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SUGGESTED CLASS PROBLEMS 189 WHAT THIS CHAPTER

HAS TAUGHT CONSTRUCTION PROCESSES Buying patterns
Preparing fabrics by shrinking Fitting patterns Altering patterns
Transferring pattern markings Tailor's tacks Cutting Use of scissors
and shears Making a lapped seam I can use these processes in
making SUGGESTED CLASS PROBLEMS 1. Explain the difference
between a commercial pattern and a blocked pattern. Which do you
like to use better? Why? Give the advantages and disadvantages of
each. 2. Describe to a beginner in sewing how to select and buy a
pattern. Do you need more than one measure? Should you take your
own measure or let the salesgirl measure you for a pattern? 3.
Shrink fabrics of cotton, linen, and wool to determine the amount of
shrinkage in a yard of each kind of cloth. What value is this in
making garments ? 4. List the differences in the style or view which
you have noticed in one pattern. Would you consider this an
economical advantage in a pattern ? Why ? 5. Give reasons for
writing your name on the envelope, the guide, and each piece of
pattern when using a pattern at school. 6. Study and know how to
use a commercial pattern.
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190 THE USE OF A COMMERCIAL PATTERN 7. Although you

may know and understand the markings of any one commercial
pattern, why is it essential to study every pattern before cutting and
making a garment ? 8. Explain exactly how to test a commercial
pattern before laying the pattern on the material for cutting. Why is
testing important ? 9. Describe how you would proceed to make a
sleeveless blouse from a one-piece-dress pattern. 10. Name some
standard makes of patterns. 11. What is the layout? Give, in detail,
how to find the layout when using a commercial pattern. Why should
you use the layout ? Why should economy be stressed when laying a
pattern ? 12. Demonstrate the pinning of a pattern on the material.
What points should you observe ? 13. Be able to demonstrate
cutting so the edges will be smooth. Which is better for cutting,
shears or scissors ? Why ? 14. Demonstrate tailor's tacks. Practice
making them until you can work speedily in making a garment
marking. How would you distinguish between marks used for laying
a pattern and those for making a garment? Is it important to know
the difference? Why? 15. List reasons why notches are cut as
projections into the extra material and not into the garment. Is it all
right for an experienced seamstress to cut the notches into the
garment pieces ? Why ? 16. Let the class discuss the value of the
guide sheet and of outlining the steps in order of their
accomplishment in making a garment. 17. After cutting out a
garment, list all of the steps necessary to secure easy and neat
workmanship before beginning the making of the garment. 18. List
the factors that should guide you in determining the kind of seams
to be used in constructing a garment. Why is it necessary to know
the width of the seam allowance and to know what kind of seams to
use before starting a garment ? 19. In making a slip explain how you
decide the kind of neckline to use.
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SELECTED REFERENCES 191 20. After studying this chapter

carefully as you use one kind of pattern, you should be able to use
any make of pattern almost independent of outside help. Explain
why this statement is true. 21. Name other garments which you
could make by using the processes just learned in this chapter.
Practice any new processes of which you are not sure. HOME
PRACTICE 1. Make garments at home for yourself or for someone
else by a commercial pattern. 2. Use a different kind of commercial
pattern each time you make a garment until you find the make that
suits your needs and size the best. 3. Ask your mother or some
dressmaker to tell you of the advancement made in patterns during
the last twenty years. 4. Determine how much money is spent in
your home for patterns each year. Is this practicing real economy ?
Why ? SELECTED REFERENCES Baldt, Laura I., and Harkness, Helen
D., Clothing: Simplicity, Economy, for the High School Girl, J. B.
Lippincott Company. Brown, Clara M., and others, Clothing
Construction, Ginn and Company. Cook, Rosamond C., Essentials of
Sewing, The Manual Arts Press. Friend, M., and Shultz, H., Clothing,
Appleton-Century Company. Picken, Mary Brooks, The Mary Brooks
Picken Method of Modern Dressmaking, The Pictorial Review
Company. Rathbone, Lucy, and Tarpley, Elizabeth, Fabrics and Dress,
Hough ton, Mifflin Company. Van Gilder, Ethel, From Thimble to
Gown, Allyn and Bacon.
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CHAPTER XI MAKING ADDITIONAL UNDERWEAR In your

first problem in underclothing, the slip, you learned how to make
your pattern or to use a commercial pattern, to cut out a garment,
and to make it, pressing each part as you sewed. In your second
underclothing problem, shorts or bloomers, you will learn to make
and use a different pattern and garment, but you should work faster
and more neatly, because some of it is review. Shorts or Bloomers.
— There are several styles of shorts and bloomers which you may
make from the same pattern. (Figure 36.) Both the bloomers and
shorts are generally made with flat felled seams because of the
comfort and the tailored effect. The top may be finished in any
desired way, such as a yoke, band, or elastic. If elastic is used, make
it tight enough to fit but not too tight. The lower edge of the legs
may be finished in any style, as hems, bands, elastic, facing, or
binding. Activity. — Make a shopping list for material and findings for
three pairs of shorts. What kind and color of material would you buy
? 192
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DRAFTING THE PATTERN 193 Let us learn how to make

shorts or bloomers similar to the ones in Figure 36 by drafting our
pattern first on paper and then cutting either garment by the
pattern. FIGURE 36. WHICH STYLE Do You LIKE BEST ? Drafting the
Pattern. — 1. Measure the amount of material required. (a) Shorts.
— Measure from the waistline at the side to the length desired, add
3 inches for hems and extra length at the back, multiply by 2, and
divide by 36. (b) Bloomers. — Add 6 inches to entire amount needed
for the shorts. This gives enough for the blouse in each leg of
bloomers. 2. Take the measurements needed. 1. Waist measure. 2.
Hip measure — taken around the fullest part of the hips. 3. Side
length — measure from the waist to length desired. 4. Knee —
measure around the leg just above the knee. 3. Make the pattern. —
We shall draft the shorts pattern on paper, because it is a small
pattern and the front and back are so different.
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194 MAKING ADDITIONAL UNDERWEAR Take a piece of

paper the width of your material and one half the length needed for
your shorts, and fold it lengthwise. 4. Block the pattern for shorts
and bloomers. (Figure 37.) A. The body of the garment : 1. Measure
from A to B, the side length. 2. Measure from A to C, ^ of hip
measure plus 1 inch. 3. Measure from C to D, f of side length. 4.
Measure from D to E, ^ of side length. 5. Measure down from C 1
inch toF. 6. Draw slightly curved line AF. 7. Measure in on line AF
from F 4 inches to G. 8. Draw curved line GD, forming front of
garment. 9. Measure on line BE from B to H, ^ of knee measure plus
3 inches. 10. Draw curved line HD. 11. Measure in on line AC from C
3 inches to 7. SHORTS I FIGURE 37. A PATTERN FOR SHORTS,
BLOOMERS, AND PAJAMAS 12. Draw line ID, forming back of
garment. 13. Measure down on line DH from D to J, about 5 inches
or any desired length for shorts. 14. Draw line JK, shortening the
side so the garment will not sag. 15. Use line BH for bloomers. B.
The yoke: 1. Measure down on line AB from A, 2^- inches. 2.
Measure down on line ID from I 4 inches to M. 3. Draw curved line
to M.
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MAKING THE SHORTS 195 C. The darts: If darts are

desired, darts about 2 inches wide and 4 inches long are placed at
the front, back, and sides, as needed to fit the waist. Preparing the
Material and Cutting Out the Shorts. 1. Prepare the material by
straightening the edges and pressing. 2. Fold the material crosswise.
3. Pin the selvages together. 4. Pin the edges together. 5. Place the
pattern on the material with the lower edge on the raw edges of the
material. 6. Observe economy in planning and watch the straight of
the material for correct placing of pattern. (Figure 38.) 7. Pin the
pattern securely in place, extend over the edge of the pattern.
FIGURE 38. LAYING THE SHORTS OR BLOOMER PATTERN Economy
is observed in laying the pattern for the shorts. Is the yoke pattern
laid on the material in the most economical way? FIGURE 39.
REINFORCEMENTS If reenforcements are desired, cut out small
circular pieces for the front and back as shown in the diagram.
These extra pieces are pinned, basted, and stitched on the wrong
side of the garment to reenforce the parts which receive the most
wear. Do not allow the pins to Keep the material and pattern flat on
the table while pinning. 8. Cut out the shorts at the edge of the
pattern. 9. Remove the pins, fold the pattern, and put it away. 10.
Cut two pieces from the scraps for a practice piece and to try the
sewing machine. If desired, cut two reenforcements (Figure 39) and
put the remainder of the scraps in a neat roll and fasten. Making the
Shorts. — Make the shorts by this general plan, using the various
steps as explained in detail below. Step 1. Decide on the kind of
seam. The flat fell seam, a seam hemmed down to the material, is
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196 MAKING ADDITIONAL UNDERWEAR used mostly on

shorts and bloomers because it gives a flat, smooth finish and is
easy to launder. A. To make a flat fell seam. (Figure 40.) 1. Pin the
edges of the wrong sides together. (I) 2. Baste ^ inch from the
edge. 3. Stitch against the bastings ; back stitch the ends. II m
FIGURE 40. FLAT FELL SEAM 4. Remove the bastings and cut off the
ends of the thread. 5. Press the seam open. 6. Hold one side of the
seam back out of the way and trim off the other side to ^ inch. (II)
7. Fold the wide edge over the narrow edge measuring £ inch from
stitching on the right side ; turn the edge from you and baste as you
turn. (Ill) 8. Baste flat to the garment about T^ inch from the edge.
9. Stitch on the edge ; back-stitch the ends. (IV) 10. Remove all
bastings and press. Activity. — Practice making a flat fell seam.
Remember that the second stitching in a flat fell seam is on the very
edge of the seam. FIGURE 41. PIN AND BASTE THE SEAMS When
trimming one side of the center front and back seams, trim the same
side on each so both seams will turn in the same direction.
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MAKING THE SHORTS 197 FIGURE 42. STYLE I. SHORTS

OR BLOOMERS WITH ELASTIC Step 2. Pin and baste the seams :
first, the center front seam ; second, the center back seam; and
third, the continuous leg seam. (Figure 41.) Step 3.' Try on the
shorts or bloomers for a first fitting. Study the garment carefully and
check the following: the amount of fullness through the hips ; if it is
too large or too small and whether it should be taken up or let out ;
the length. Step 4- Make any necessary alterations. Mark with
colored thread or pins the new line of basting. Be sure the back
seams are the same, also the front seams and leg seams. Pin and
baste the garment on the correct line and try it on again. Step 5.
Finish the flat fell seams at the center front and at the center back.
(See Flat Fell Seam, page 196.) Step 6. Finish the flat fell seam at
the continuous leg seam. Step 7. Finish the top of the shorts or
bloomers in any of the styles shown in the figures and explained in
the following pages. Style I. Elastic all around the top, inserted in a
hem or . bias. (Figure 42.) The elastic should be made a snug
measure for the waist plus 1 inch and inserted through ^-inch space
left open in the stitching on the lower edge of hem or facing. The
ends should be overlapped ^ inch and the edges overcast or
stitched on the machine. (Figure 43.) A. To make a hem. 1. Turn a
double hem along the top edge, finished about £ inch wider than the
elastic. 2. Stitch the hem on both the top and lower edges so the
elastic will fit in the casing. This also helps to keep the elastic from
turning. FIGURE 43. JOINING ELASTIC Overcasting by hand may be
used to join elastic.
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