This article explores governance issues in an area of limited statehood characterized by the combination of state and indigenous institutions. This is done by adopting an institutional lens focusing on three factors—field structures, institutional logics, and actor agency—to analyze governance settlements. The results point to how complex governance settlements in areas of limited statehood hold together with a certain degree of alignment between institutional elements. However, as the field evolves, contestations and misalignments lead to changes (...) in governance settlements. Analyzing these transitions, this study identifies three key processes that have facilitated deeper state penetration in the field, namely, delocalization of field structures, hybridization of institutional logics, and diversification of actor agency. (shrink)

The menace of conflicts and natural disasters in different states of the world had spiralled into a global phenomenon of Internally Displaced Persons. These are groups of humans who had helplessly drifted away from their natural and ancestral home due to conflicts and disasters but had not crossed international boundaries into another country. They merely take solace by the protection offered by the spirit and letters of relevant international laws which have domesticated by member states. This paper seeks to answer (...) the question regarding the extent to which the IDPs have become a menace in Nigeria. The paper reveals that many governments’ actions are the primary and the root cause of the IDPs while others are recipient of the domino effect. The paper relies on a panel data elicited from thirteen out of the thirty six states in Nigeria. The paper reveals the need for urgent measures by government to douse the upsurge in the number of IDPs. The political settlement analysis was used to proffer a better way of culminating the crises. Recommendations are directed to the individuals, civil societies and the government at all levels. (shrink)

Governments in New Zealand have legislated a large number of settlements extinguishing many hundreds of claims taken by Māori against the Crown for breaches of the country’s founding document, Te Tiriti o Waitangi. They portray settlements as a great success for Māori and the Crown. Māori disagree. Settlements are government-determined and imposed on Māori using a smoke and mirrors approach that masks successive governments’ true intentions: to claw back Māori legal rights; to extinguish all claims; and to (...) maintain White control over Māori. In short, to uphold the Doctrine of Discovery in further breach of Te Tiriti o Waitangi. Māori claimants and negotiators report being enticed into the process by false promises only to become traumatised and disenchanted. Yet many take a pragmatic stance and sign settlements, making the best they can out of a bad deal that goes nowhere near compensating for their actual loss. They know that despite what legislation may say, the settlements are not full, not fair and not final and that, like all previous settlements, they will be revisited. They also know that unless fundamental changes are made to the constitutional makeup of the country, there is no prospect of justice and reconciliation for Māori. (shrink)

This article seeks to make some general points about the changing nature of constitutionalism by looking critically at the constitutional architecture of the Northern Ireland Act 1998. It argues that despite their sophistication the structures of settlement in Northern Ireland do not address fully the fundamental issues of the changing nature of power and the ethical character of constitutional transformation. The argument draws upon the governmentality approach associated with work developing the later writings of Michel Foucault to consider the nature (...) of government and of multi‐level and multi‐form governance. In particular, the account reviews briefly the settlement structures and suggests that the role of government may have changed since last there was devolution in Northern Ireland. Next the history of involvement of the voluntary sector in governance in the Northern Ireland context is outlined to indicate its particular potential for development. Finally, the positive advantages of opening up a new democratic space through developing the role of civil society in the processes of governance are reviewed and the value of a constitutional renewal project is considered. (shrink)

Approaching the settlement of our Moon from a practical perspective, this book is well suited for space program planners. It addresses a variety of human factor topics involved in colonizing Earth's Moon, including: history, philosophy, science, engineering, agriculture, medicine, politics & policy, sociology, and anthropology. Each chapter identifies the complex, interdisciplinary issues of the human factor that arise in the early phases of settlement on the Moon. Besides practical issues, there is some emphasis placed on preserving, protecting, and experiencing the (...) lunar environment across a broad range of occupations, from scientists to soldiers and engineers to construction workers. The book identifies utilitarian and visionary factors that shape human lives on the Moon. It offers recommendations for program planners in the government and commercial sectors and serves as a helpful resource for academic researchers. Together, the coauthors ask and attempt to answer: “How will lunar society be different?”. (shrink)

This Article examines the authority of states to settle individual private property claims in post–conflict negotiations towards settlement. We analyze this question by exploring the limits of states’ authority to take or limit private property rights for the public good. We argue that this authority rests on two cumulative justifications: the inclusion of the property owners among the public that stands to benefit from the public good, and their representation by the government that decides on the taking of the property. (...) In post–conflict settlement, the negotiating states may redistribute both private property and the public good between and within their respective communities. Their authority to redistribute continues to rests on the same justifications of inclusion and representation. Hence, their authority extends only to the redistribution of property of owners who are members of the respective communities that negotiate the agreement, and who are represented by a negotiating government. (shrink)

James Tully and others have argued recently that the theory of property Locke defends in the Second Treatise was designed to justify European settlement on the lands of North American Natives. If this view becomes generally accepted, and Tuck suggests it will be, doubts may arise about the impartiality of Lockean property theories. Locke, as is well established and documented again by Tully, had huge vested interests in the European settlement of North America and possibly in the enslavement of Native (...) Peoples. Doubts about Locke may reflect on all rights theories of property and thus bring into question ‘one of the major political philosophies of the modem world’ (Tully, ‘Rediscovering America,’ 165). Raising these doubts is part of Tully's declared intention (Tully, ‘Rediscovering America,’ 166). His article tries to show that the Native systems of property and government which Locke defines away as illegitimate are in fact interesting and potentially beneficial alternatives to Lockean individual rights theories. (shrink)

This article presents proposals for a new social settlement – a framework for deciding how people live together and what they expect from government, now and for the future. The proposed settlement has three goals: social justice, environmental sustainability, and a more equal distribution of power. To achieve these goals we have identified a set of objectives too often ignored in mainstream debates: achieving prosperity without depending on economic growth; shifting investment and action upstream to prevent harm rather than coping (...) with the consequences; strengthening the “core economy” of unpaid work, everyday wisdom, and social connections; and fostering solidarity and an understanding of how individuals depend on each other to achieve shared goals. The article draws on a report from the New Economics Foundation, which focuses on the United Kingdom but offers a framework for developing policy and practice that may be useful in other countries, especially in the developed world. (shrink)

This chapter examines the philosophical consideration of different forms of government in eighteenth-century Britain. It begins by considering the British constitutional settlement in the wake of the Glorious Revolution and the Union of Parliaments. Taking on board Voltaire and Montesquieu’s praise of the beneficial effects of the settlement, the chapter will examine how British philosophers came to understand the nature of the British constitution. A major theme will be the gradual move away from contract theories of legitimacy and republican notions (...) of citizenship and towards utilitarian calculations of the beneficial social and economic effects of political stability. This becomes particularly apparent in the increasing desire to apply ‘science’ to the understanding of political order. (shrink)

This chapter examines the philosophical problem of the ‘origin of civil government’ in eighteenth-century Britain. It suggests that the problem was concerned not with one, but several questions: political obligation and legitimacy, liberty and authority, civil and regular government. It identifies three main contexts in which this idea played an important role: The post-1688 Settlement and its justification; the natural jurisprudence tradition and the question of consent; and the Scottish debate on the ‘natural history’ of regular and civilized government. Central (...) to each of these debates was the relationship between consent and subordination as balancing mechanisms that enabled political society to emerge and political order to be maintained. By the last third of the century, the terms of the political discourse started changing, and the problem of the ‘origin of civil government’ was supplanted by other languages in which to formulate the problems of political obligation, legitimacy, and order. (shrink)

This paper focuses on a water management project in the remote Aboriginal community of Milingimbi, Northern Australia. Drawing on materials and experiences from two distinct stages of this project, we revisit a policy report and engage in ethnographic storytelling in order to highlight a series of sensing practices associated with water management. In the former, a working symmetry between Yolngu and Western water knowledges is actively sought through the practices of the project. However, in the latter, recurrent asymmetries in the (...) research work continue to appear: a bilingual diagram of water usage is displayed but produces confusion; measuring a water hole for salinity, a member of the scientific team throws in a water meter, while a Yolngu elder prefers the telling of an ancestral story; a collaborative 3-D mapping exercise invites participation from community members but struggles to develop an outcome that differs from existing maps used by scientists and government staff. Focusing on these moments as subtle points of rupture, we suggest that attending to “seeing,” “telling,” and “mapping” in both stages of this water management project offers a way to explore the political work of crafting climate futures and beginning to interrogate differing means for “doing difference” within them. (shrink)

Drawing on philosophy, history, and critical theory, Unconditional Life introduces a new perspective on the significance of post-war international law developments. The book examines the public discourse regarding technological risk in World War II texts of unconditional surrender, in the World Trade Organisation's EC-Biotech dispute, and in the International Court of Justices' Nuclear Weapons Advisory Opinion. The volume describes international law in terms of its management of, and relation to, the risks associated with technological innovation in war and in trade. (...) It proposes that international law, too, is itself a kind of technology: one intended to manage the material and existential risks inherent in the creation of a new international, postcolonial, political community emerging out of the Second World War. Members of this community are imagined to possess a universal quality: humanness, which itself is underscored by a power of invention. Yoriko Otomo demonstrates how international lawyers' inability to adjudicate questions of large-scale technological risk is due to the competing and intractable claims of international law.Offering a feminist analysis of the political economy that has created this crisis of governance, the book provides a way of understanding the structural inequities that will need to be addressed if international law is to remain a relevant forum for the adjudication of war and trade into the 21st century. (shrink)

Lawyering for the Rule of Law introduces a new model of government lawyering in which government lawyers function as an ancillary mechanism that enables the court to expand its influence on policy-making within the political branches by forming out-of-court settlements. It discusses the centrality of government lawyers with regard to judicial mobilization and the enforcement of social reforms through adjudication, and sheds light on particular functions of government lawyers as adjudicators and facilitators of institutional arrangements. It also discusses the (...) ethical and professional dilemmas of government lawyers in judicial review and the relationship between lawyers' professional morality and outcomes in litigation. (shrink)

On 24 July 2012, the Sansha People’s Government was established on an anthropogenic island in the South China Sea, more than 350 kilometers from the southernmost point of Hainan Province. Sansha is the PRC’s smallest city, occupying roughly ten square kilometers on Woody Island and housing a population of just over a thousand; at the same time, it is also the PRC’s largest city, symbolically laying claim to thousands of kilometers of space in the South China Sea. Alongside the ambitious (...) logistical and military projects to build Sansha into part of China, highlighting an official shift from temporal to territorial nationalism, a corresponding state aesthetic project has consolidated in citizens’ minds a distant island that most will never see. The resulting cultural products portray a new addition of territory as an eternal part of China, while a remote island is constructed as an integral yet also mystical part of the nation-state. Examining artistic portrayals of the island across mediums including film, poetry, and painting, this article critically analyzes newly emerging trends in state and popular nationalism in China today. (shrink)

This article examines shifts in educational and social governance taking place in Queensland, Australia, through Education Queensland's Industry School Engagement Strategy and Gateway Schools program. This significant educational initiative is set within the context of Queensland's social investment agenda first articulated in its education policy framework, Queensland State Education-2010. The article traces the historic extension of this overarching governmental strategy through establishment of the Gateway Schools concept, brokering state-wide industry-school partnerships with key global players in the Queensland economy. Industry (...) sectors that have formed partnerships in Gateway projects include Minerals and Energy, Aerospace, Wine Tourism, Agribusiness, Manufacturing and Engineering, Building and Construction and ICT, with more industries and schools forecast to join the program. It is argued that this ‘post-bureaucratic’ model of schooling represents a new social settlement of neoliberal governance, which seeks to align educational outcomes with economic objectives, thereby framing the conditions for community self-governance in Queensland. (shrink)

Concussion in professional football is a topic that has generated a significant amount of interest for many years, partly due in recent times to the filing of the class-action litigation and the uncapped compensation injury fund and settlement involving 4,500 retired professional players and the National Football League. The proceedings claimed that the NFL, as the governing body of American football, failed in its duty to protect players’ health during their professional playing careers by exposing players to risks of repetitive (...) concussions and actively concealing links to potential long-term consequences. The NFL litigation sharpened the focus on the fundamental regulatory, governance and ethical considerations for football governing bodies, as self-regulated organisations, when governing the delicate balance between the dynamics of contact and collision sports, entertainment and player-health considerations. It also raised questions about public accountability and responsibilities to all levels of the sport through a framework of public health ethics. The NFL litigation and Congressional hearings have led to changes within the NFL and its regulatory and governance responses. A case study of the NFL responses to concussion in the sport of American football can provide insight into concussion regulation. Australian football governing bodies can align their regulatory and governance responses to concussion within their sports with the aim to avoid similar accusations, and circumvent a more coercive form of intervention. (shrink)

Benjamin Hoadly's Original and Institution of Civil Government is a founding text for the American republic. Writing in 1710 this response to Tory High Church attempts to revive extreme monarchical theories of government, Hoadly, a Low Church Whig and Anglican clergyman, advanced new ideas of political authority. He was committed to the political settlement that followed the Glorious Revolution of 1688 and the limited parliamentary monarchy it established in Great Britain; he was also responsible for popularizing John Locke's theories of (...) government. In the Original and Institution of Civil Government, Hoadly challenged patriarchal political systems and denied that civil authority could be compared with a parent's authority over children. Instead, Hoadly argued that civil authority arose from the people and was conditionally given to a leader. (shrink)

This article examines shifts in educational and social governance taking place in Queensland, Australia, through Education Queensland's Industry School Engagement Strategy and Gateway Schools program. This significant educational initiative is set within the context of Queensland's social investment agenda first articulated in its education policy framework, Queensland State Education‐2010. The article traces the historic extension of this overarching governmental strategy through establishment of the Gateway Schools concept, brokering state‐wide industry‐school partnerships with key global players in the Queensland economy. Industry (...) sectors that have formed partnerships in Gateway projects include Minerals and Energy, Aerospace, Wine Tourism, Agribusiness, Manufacturing and Engineering, Building and Construction and ICT, with more industries and schools forecast to join the program. It is argued that this ‘post‐bureaucratic’ model of schooling represents a new social settlement of neoliberal governance, which seeks to align educational outcomes with economic objectives, thereby framing the conditions for community self‐governance in Queensland. (shrink)

How does a government arise from anarchy? In a classic article, Mancur Olson theorized that it could occur when a roving bandit decides to settle down. This stationary bandit comes to recognize an encompassing interest in its territory, improving its lot by providing governing and committing to stable rates of theft. The bandits highlighted by Olson are not individuals but rather groups organized to act collectively. I provide a club-theoretic analysis of bandits. I characterize the violence as a club good, (...) i.e., one that is non-rival but from which out-group members can be excluded. I elaborate on the changes in the club’s group interest and in-group that will likely accompany the roving-to-stationary transition. To illustrate the salient points of the analysis, I provide a case study of the Visigoths: their emergence as a roving confederacy in the late fourth century, their migration and subsequent settlement, and the establishment of the Visigothic Kingdom. (shrink)

This article aims to elaborate the effects of Ghazan Khan’s reformative measures for changing Mongol lifestyle. They migrated from one place to another to make a living but after his reforms, they were settled. Mongols were among the people who lived in the Central Asia usually made raids on the neighboring nations. They had taken to a life of vagrancy and never wanted to be settled in a particular place. When they entered the civilized Persia, the Mongolian government became highly (...) polarized. On the one hand, the Mongols habitually destroyed the government’s sources of income (agriculture and trade), and on the other, they were its military force, whose existence was a necessity. As this polarization continued, political and economic crises emerged, too. Then, Ghazan Khan, by some actions, hindered the collapse of the Ilkhanate. As a result, the Mongols underwent a self-imposed settled life but it was against the great Yasa code of Genghis Khan. (shrink)

The Court of Justice of the European Union (CJEU) has some basic structural features similar to that of most judicial bodies. According to the treaties, the members of the Court are chosen from individuals whose independence is beyond doubt and who possess the ability required for appointment to higher judicial offices. The involvement of the Court and its president in the most important reforms of the European Union's judicial architecture in recent years is a striking feature which may be called (...) judicial self‐government. International courts have shifted away from being principally committed to dispute settlement towards pursuing other goals, such as advancing international norms and facilitating cooperative international arrangements. The reinforcement of the cooperation of the Court with national courts on the one hand, and with international courts and tribunals on the other, is one of the great current challenges facing the Court. (shrink)

The government debt portfolio is usually the largest financial portfolio in the country. It often contains complex and risky financial structures and can generate significant risk to the state budget and the country’s financial stability. Therefore, governments are required to have sound risk management and sound public debt structures to limit exposure to market risk, debt financing or rolling risk, liquidity risk, credit, settlement and operational risk. In recent years, the debt market crises have highlighted the importance of sound public (...) debt management practices and related risks, and the need for an effective and well-developed domestic capital market. This may reduce the vulnerability of the economy to adverse economic and financial shocks. However, it is also important for the government to maintain a macroeconomic policy that ensures sound fiscal and monetary management. The aim of the research is to present the theoretical and practical aspects of extremely important issues such as public debt management and to indicate the most important implications for the financial stability of the country on the example of the Polish economy. The study uses a research method based on literature studies in the field of macroeconomics, economic policy and finance, as well as statistical analysis of the studied phenomenon. Results of research indicate that effective public debt management can reduce the economy’s vulnerability to financial threats, contribute to the financial stability of the country, maintain debt stability and protect the government’s reputation among investors. (shrink)

Getting to peace is not a straightforward process. In Uganda, internal conflict has raged for more than 20 years between the Government and the Lord’s Resistance Army. The construction of a comprehensive negotiated settlement is at the mercy of conflicting ideologies and influences at the international, national and grassroots levels. This paper examines the Juba peace talks, the major actors in the negotiation process, and tension between prosecution and amnesty.

The settlement of the Second World War yielded two important changes in the normative order of international relations. These are the prohibition of war except in self‐defence, expressed in the UN Charter and the limitation of sovereignty by a common set of protections of individuals, expressed in the Universal Declaration of Human Rights (UDHR). Looked at in historical perspective, these innovations are two dimensions of a single movement – a collective effort at the global level to impose discipline on the (...) external and internal behaviour of states. Neither innovation lacks ambition, but of the two, the more far‐reaching is certainly the doctrine of human rights. It aims to bring the domestic conduct of governments under agreed international norms – to define and establish ‘a common standard of achievement for all peoples and all nations’ (UDHR, Preamble) to which the organized international community can hold individual governments accountable. (shrink)

In September the last settlement freeze ended, leading the Palestinians to cease direct talks with Israel. Now the Obama administration, desperate to lure Israel into a new freeze and thus revive the talks, is grasping at invisible straws -- and lavishing gifts on a far right Israeli government.

The market, not the government, is that last best hope for actual and future potential victims of hurricanes. State subsidies have perverted locational settlement decision-making. They have acted in such a manner as to encourage people to build in more dangerous areas than they otherwise would have. By the government undertaking part of the costs of rebuilding in the aftermath of storms, it has encouraged irrational settlement patterns, which have led, in turn, to needless loss of life and wealth.

As American settlement expanded westward in the 1860s, the U.S. government undertook large-scale investigations of its new territories. Images of the West: Survey Photography in French Collections, 1860–1880 presents memorable glass-plate photographs from these federal surveys. The selection includes breathtaking views of such iconic sites as Yosemite, as well as lesser-known ethnographic portraits taken by Timothy H. O'Sullivan, William H. Jackson, and William Bell, among others. The accompanying essays discuss how the photographs were used to promote white settlement, how their (...) distribution at home and abroad contributed to the aggrandizement of the American West, and how the exploitative ideology underlying the use of photography extended to attitudes toward both American landscapes and American Indians. The images are all drawn from French public collections, which hold an astonishing number of these U.S. survey photographs. Accompanying an exhibition at the Musée d'Art Américain Giverny, Images of the West provides a critical new examination of a bygone era. (shrink)

Using the political corporate social responsibility lens of parentalism, this paper investigates the more subtle and less-visible interactional dynamics and strategies of power, resistance and justification that manifest between a multi-stakeholder-governed foundation and victims of a mining corporation’s dam collapse. The Renova Foundation was established to provide remedy through a deliberative approach to hundreds of thousands of victims from Brazil’s worst socio-environmental disaster—the collapse of Samarco Mining Corporation’s Fundão tailings dam. Data were collected from a combination of fieldwork and archival (...) analysis to assess the perceptions of victims, their defenders and foundation executives. The findings reveal 12 dialectical tensions from Renova’s attempts to remedy the victim’s injustices. The case analysis contributes through proposing a dialectical process model of stakeholder resistance and subversion to parentalist PCSR. The case reveals the pivotal use of time via the act of stalling as a strategic resource to exhaust victims and reach settlements. Furthermore, organizations justify their parentalism by blaming delays on the bureaucracy and shared responsibility of multi-stakeholder deliberation. Ultimately, I contend that victims must have an equal voice in the outcome of their remediation and that businesses responsible for causing harm should not decide these matters. (shrink)

The migration and settlement of 11 million unauthorized immigrants is among the leading political challenges facing the United States today. The majority of unauthorized immigrants in the U.S. have been here for more than five years, and are settling into American communities, working, forming families, and serving in the military, even though they may be detained and deported if they are discovered. An open question remains as to what to do about unauthorized immigrants who are already living in the United (...) States. On one hand it is important that the government sends a message that future violations of immigration law will not be tolerated. On the other sits a deeper ethical dilemma that is the focus of this book: what do the state and citizens owe to unauthorized immigrants who have served their adopted country? -/- Earned Citizenship argues that long-term unauthorized immigrant residents should be able to earn legalization and a pathway to citizenship through service in their adopted communities. Their service would act as restitution for immigration law violations. Military service in particular would merit naturalization in countries with a strong citizen-soldier tradition, including the United States. The book also considers the civic value of caregiving as a service to citizens and the country, contending that family immigration policies should be expanded to recognize the importance of caregiving duties for dependents. This argument is part of a broader project in political theory and public policy aimed at reconciling civic republicanism with a feminist ethic of care, and its emphasis on dependency work. As a whole, Earned Citizenship provides a non-humanitarian justification for legalizing unauthorized immigrants based on their contributions to citizens and institutions in their adopted nation. (shrink)

According to the United Nations High Commissioner for Refugees, there are over 20 million refugees worldwide, less than 1% of whom are referred for resettlement to third countries permanently. One obstacle to resettlement stems from the alleged lack of resources in settlement countries. A possible way forward is a refugee selection and admission regime that shares costs between governments and private citizens, to permit states to admit greater numbers of refugees where their citizens are willing and able to contribute their (...) own, private, resources to the resettlement project. Taking Canada’s private sponsorship scheme as a model, I argue that there are pros and cons to public–private cooperation in refugee resettlement. On the one hand, they permit the resettlement of greater numbers of refugees and they permit private citizens committed to aiding refugees to do so in concrete ways. On the other hand, they require oversight to protect refugees who are, otherwise, fully dependent on their sponsorship groups and there are cultural differences that make the offering of support challenging. In particular, while sponsorship groups ought to aim at securing the independence and autonomy of newcomers, they can sometimes behave in culturally inappropriate and paternalistic ways, which generate resentments between refugees and their sponsoring groups. (shrink)

Scholarly attention to sustainability transitions is rapidly increasing. This article explores how cultural politics constrain agricultural change. Cultural politics, or conflicting values about appropriate types of agriculture, are an underexplored variable influencing whether or not farmers adopt agroecological methods. The research focuses on the environmental, cognitive, and relational mechanisms that influence cultural politics. It analyzes the intersection of mechanisms and cultural politics in an Amazonian agrarian reform settlement of the Brazilian Landless Workers’ Movement. Insights into the factors confounding the agroecological (...) transition are derived from an analysis of longitudinal spatial data derived from historic aerial photographs and remotely sensed images, and ethnographic data from participant observation and semi-structured interviews. Drawing on a political ecology of education perspective, the cultural politics surrounding the agroecological transition are traced to the confluence of the region’s historical usage for cattle ranching, farmer’s conceptions of space and the combination of agricultural extension and government credit. The MST’s agroecological education initiatives hold the promise to drive the sustainability transition, but are also constrained by these cultural politics and associated mechanisms. (shrink)

A fundamental cognitive function found across a wide range of species and necessary for survival is the ability to navigate complex environments. It has been suggested that mobility may play an important role in the development of spatial skills. Despite evolutionary arguments offering logical explanations for why sex/gender differences in spatial abilities and mobility might exist, thus far there has been limited sampling from nonindustrialized and subsistence-based societies. This lack of sampling diversity has left many unanswered questions regarding the effects (...) that environmental variation and cultural norms may have in shaping mobility patterns during childhood and the development of spatial competencies that may be associated with it. Here we examine variation in mobility, performance on large-scale spatial skills, and performance on small-scale spatial skills among Twa forager/pastoralist children whose daily lives have been dramatically altered since settlement and the introduction of government-funded boarding schools. Unlike in previous findings among Twa adults, boys and girls show similar patterns of travel on all measures of mobility. We also find no significant differences in spatial task performance by gender for large- or small-scale spatial skills. Further, children performed as well as adults did on mental rotation, and they outperformed adults on the water-level task. We discuss how children’s early learning environments may influence the development of both large- and small-scale spatial skills. (shrink)

This report, the first of the project, presents original research evidence based on 1,516 face-to-face interviews with young Syrian international protection beneficiaries and applicants, 18-32 years old, which were conducted in the UK, Lebanon and Greece, between April and October 2017. Key findings from this comparative analysis inform our policy recommendations concerning the settlement, training and skills provision for young forced migrants in the UK. Key Findings: - Young Syrian refugees in the UK have the highest levels of skills and (...) training, and are most eager to remain and contribute to the host country, compared with those in Greece and Lebanon. - Young Syrian refugees are faced with higher levels of unemployment in the UK than citizens, while many of them who are in employment are doing jobs for which they are over-qualified. - Refugees in the UK receive better support and have an overall more positive experience and evaluation of actors compared to those in Greece and Lebanon, but access to key provisions designed to enhance labour market participation remains patchy. - Syrian refugees who have been resettled to the UK report overall more positive experiences than those coming through the asylum route, despite higher levels of employment among the latter and the government supposedly taking the more vulnerable among the former. - Young Syrians in Scotland are better supported, and more positive about their engagement with people and institutions, although they are currently more distanced from re-integration into the labour market compared to those settled in England. (shrink)

Genetic testing has become a vehicle through which basic constitutional relationships between citizens and the state are revisited, reaffirmed, or rearticulated. The interplay between the is of genetic knowledge and the ought of government unfolds in the context of diverse imaginaries of the forms of human well-being, freedom, and flourishing that states have a duty to support. This article examines how the United Kingdom, Germany, and the United States governed testing for Alzheimer’s disease, and how they diverged in defining potential (...) harms, benefits, and objects of regulation. Comparison before and after the arrival of direct-to-consumer genetic tests reveals differences in national understandings of what it means to protect life and citizenship: in the United Kingdom, ensuring physical wellness through clinical utility; in the United States, protecting both citizens’ physical well-being and freedom to choose through a framework of consumer protection; and in Germany, emphasizing individual flourishing and an unburdened sense of human development that is expressed in genetic testing law and policy as a commitment to the stewardship of personhood. Operating with their own visions of what it means to protect life and citizenship, these three states arrived at settlements that coproduced substantially different bioconstitutional regimes around Alzheimer’s testing. (shrink)

Artikkelen undersøker hvordan NIPT ble vedtatt implementert i det norske fosterdiagnostiske systemet gjennom en fagligpolitisk prosess mellom 2012 og 2017. Prosessen innebar at Nasjonalt kunnskapssenter for helsetjenesten, Helsedirektoratet, Bioteknologirådet og Helse- og Omsorgsdepartementet ga sine vurderinger av testen og sine råd omkring en eventuell innføring. Artikkelen viser at det i denne prosessen foregikk en forsiktig tilnærming eller sammensmelting mellom de tradisjonelt helt ulike måtene å forstå og å ramme inn fosterdiagnostikk på i Norge, dvs. i en ‘autonomi/ behandlingsramme’ og en (...) ‘sorteringsramme’. Artikkelen argumenterer videre for at denne tilnærmingen eller konvergensen var mulig fordi prosessen ble holdt innenfor de fagligpolitiske byråkratiene, og de ulike etatene var innstilt på å ‘samarbeide’ om å inkludere både kunnskap og verdier fra begge rammene i sine tilrådninger. Politikk for fosterdiagnostikk er imidlertid et svært politisk betent område i Norge, og denne konvergensen var et skjørt byggverk. Den sprakk da også opp i løpet av tre uker i mai 2020, da Fremskrittspartiet plutselig inngikk et ‘bioteknologiforlik’ med Arbeiderpartiet og SV etter at de hadde gått ut av Solbergregjeringen. Dermed endte spørsmålet om implementeringen av NIPT i Stortinget, hvor konvergensen i den fagpolitiske prosessen ble erstattet av de tradisjonelle frontene, og de gamle innrammingene igjen ble ‘satt i arbeid’. Artikkelen diskuterer avslutningsvis kort de bortimot uløselige dilemmaene disse innrammingene både representerer og produserer. Nøkkelord: NIPT, fosterdiagnostikk, humanmedisinsk bioteknologi, regulering English Title: Fetal diagnostics between medicine and ethics: Implementation of Prenatal Invasive Testing in a turbulent policy area: The article examines how the decision to implement Prenatal Invasive Testing in the Norwegian Fetal Diagnostic System was reached through a professional policy process between 2012 and 2017. The process involved the Norwegian Research Centre for Health Services, the Norwegian Directorate of Health, the Norwegian Biotechnology Advisory Board and the Ministry of Health and Care Services, which provided their individual assessments and advice regarding the potential implementation of the test. The article finds that a careful convergence took place between traditionally opposing ways to understand and frame fetal diagnostics in Norway – either as a ‘treatment frame’ or a ‘sorting frame’. The article further argues that this convergence was possible because the process was kept within these bureaucracies, and that the different agencies were willing to collaborate to include knowledge and values from both frames in their recommendations. However, policy for fetal diagnostics is a very turbulent political area in Norway, and this convergence was a fragile construction. During three weeks in May 2020, the convergence collapsed when the Norwegian Progress Party suddenly entered a “biotechnology settlement” with the Labour Party and the Socialist Left Party after exiting the conservative Government coalition. Hence, the question of implementing NIPT ended up in the Norwegian Parliament, where the convergence from the professional policy process was replaced by the traditional fronts, and the old framings were again set in motion. Lastly, the article briefly discusses the almost unsolvable dilemmas these framings both produce and represent. Keywords: NIPT, non-invasive prenatal testing, fetal diagnostics, medical biotechnology, regulation. (shrink)

Debate about the TRC has become necessary in South Africa today, 20 years since the final Report was handed over to government on 29 October 1998. Assessment of its efficacy and longer-term value is being undertaken, unfortunately, within an environment of intense disillusionment about the promise of constitutional democracy. This paper sets out the environment in which the TRC was established in 1996, its legal and constitutional frameworks, its achievements for creating a climate of reconciliation, for granting amnesty to perpetrators (...) of human rights violations, and for setting a reparations framework. South Africans are conscious of grinding poverty and inequality, pervasive racism, and unfulfilled aspirations of the democratic settlement of 1994. What value, then was the TRC? This paper attempts a fair assessment, seeks to be honest about its grandiose claims, and undertakes a philosophical, political and ethical analysis of its achievements. Drawing on many studies on the TRC it seeks to chart a more rational course than some, noting that circumstances in Africa are such that the TRC is being revisited, The Gambia, for example, being the latest country that has introduced the TRC. Others may follow suit: Zimbabwe, the Democratic Republic of Congo, Burundi, to name a few. (shrink)

Getting to peace is not a straightforward process. In Uganda, internal conflict has raged for more than 20 years between the Government and the Lord’s Resistance Army. The construction of a comprehensive negotiated settlement is at the mercy of conflicting ideologies and influences at the international, national and grassroots levels. This paper examines the Juba peace talks, the major actors in the negotiation process, and tension between prosecution and amnesty.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.3 (2002) 425-446 [Access article in PDF] Giving Orders: Theory and Practice in the Fundamental Constitutions of Carolina Vicki Hsueh Indians. Of Edisto Ashapo and Combohe to the South our friends. Of Wando Ituan Sewee and Sehey to the north came to our assistance and were zealous and resolute in it 1000 bowmen In our want supplied us. Q. Spaniards. What we shall (...) doe to the Spaniards if we invade them we brake the peace, if we sit still we loose our reputation with the Indians our friends. Westoes. Inland man eaters. Country. To the northward more sickly, about Ashley River fertile and of a wonderful growth. Tatchequea. A very fruitfull Country 8. days jorney by the North west the Emperor our friend and enemy to the Westoes and to hard for them. Q. Settlem't. 500 people will secure the settlement 1000 perfect it. desires supplys of necessarys till that time Excerpt from Carolina Memoranda in the handwriting of John Locke, Esq., 15 September 1670 Within the last decade, scholars such as James Tully, Barbara Arneil, and Bhikhu Parekh have performed a crucial intervention on modern constitu-tionalism's behalf. 1 Not only has constitutionalism in the modern age been [End Page 425] plagued by assumptions of cultural uniformity and an on-going inability to adjudicate between competing cultural claims, but it has been unable effectively to diagnose those limitations and dilemmas. The root of the problem, James Tully suggests, is ultimately a matter of historical perspective. "[T]he tendency," he writes, "is not to notice the philosophical and ideological debates over the last three hundred years... only the result of these debates is seen—the victorious modern language of constitutional uniformity—and claims for recognition are viewed through its framework as if it were impartial and universal." 2 In response Tully and others have sought to tackle this predicament at its historical root. Identifying modern constitutionalism's colonial origins as a significant part of the problem, their studies address the development of constitutionalism and colonialism as an entwined phenomenon in the early modern period, focusing particularly on the British-American context. In this sense, Locke's Two Treatises of Government stands as an exemplary illustration of the period's entangled colonial and constitutional temperaments. Well-known for its influential articulation of compact and resistance, the Two Treatises, Barbara Arneil argues "were written as a defence of England's colonial policy in the new world against the sceptics in England and the counter-claims of both the aboriginal nations and other European powers in America." 3 Accordingly, present-day constitutionalism continues to bear the weighty legacy of those colonial rationales. "[T]he language of modern constitutionalism," Tully further explains, "which has come to be authoritative was designed to exclude or assimilate cultural diversity and justify uniformity. The design is difficult to see because this 'modern' language has become the customary way of thinking about, reflecting on and envisioning a just constitutional order." Ultimately, Tully submits, citing Wittgenstein, "A picture held us captive. And we could not get outside it, for it lay in our language and language seemed to repeat it to us inexorably." 4This much-needed thickening of constitutionalism's historical context has enriched our awareness of constitutionalism's vexed origins, as it has proffered potent tools for interrogating current cultural adjudication. Yet, a troubling predicament persists. As if caught within the tenacious grip of the language of modern constitutionalism, Tully, Arneil, and Parekh insistently portray seventeenth-century British-American colonialism solely as a straightforward process of appropriation and assimilation without addressing or incorporating the [End Page 426] complex and contingent elements of that history in its emergence. Lacking the various negotiations and accommodations between settler and indigene in ambition and actualization, their portrayals crucially underplay the dynamic relationship between theories of constitutionalism and practices of colonialism—an approach that ultimately serves to reinscribe the narrative of triumphalist progress within their critiques. 5This problematic is the context for my reading of the Fundamental Constitutions of Carolina,1669... (shrink)

In the process of rapid urbanization, urban heat island effect has been showing more and more significant impacts on human well-being. Therefore, a more detailed understanding of the impact of three-dimensional building morphology on UHI effect across a continuum of spatial scales will be necessary to guide and improve the human settlement.This study selected 31 provincial capital cities of mainland China to analyze the impacts of the 3D building morphology, including the number, area, height, volume, and the surface area of (...) the buildings, on the land surface temperature. By exploring how the influence of 3D building morphology on LST changes with the increase of spatial scale, this study finally recognized which 3D building morphology index is the most significant index affecting LST in different cities, and which spatial scale these 3D building morphology indexes have the most significant impact on LST. The results showed that the building area is the most important 3D building morphology parameter affecting the LST, while the building height has the slightest influence on the LST. These effects are more significant in the spatial scale of 150 m–540 m, and the spatial scale increases with the increase of building areas in developed cities. These results highlight the necessity of considering fine-grained management in the governance and alleviating of the urban thermal environment through urban planning and urban renewal strategies. (shrink)

Israel’s conduct in the Occupied Territories in recent decades has been profoundly affected by three theologies: the messianic-kabalistic theology of Rabbi Abraham Yitzhak Ha-Cohen Kook and his son Rabbi Zvi Yehuda Ha-Cohen Kook; the messianic-Hasidic-kabalistic-racist theology of Rabbi Yitzhak Ginsburg; the violent, racist theology of Rabbi Meir Kahane. In the spirit of the three theologies, Israeli politics of the past four and a half decades has set the continuous possession of Judea and Samaria, and the deepening and expansion of the (...) settlement project therein, as the supreme goal of Zionism, Jewish nationalism. Moreover, the three theologies dictated much of the settlement policies of the government. Additionally, the three theologies have dictated much of the daily practices to which the Palestinian residents of the Territories have been subjected. All of this means that soldiers who are required to serve in the Occupied Territories, to die in them, and to kill Palestinians in the course of their military service therein, have been subjected to a politics motivated, to a substantial extent, by a religious culture premised on religious theologies. If such soldiers wish to refuse to abide by the orders given them to serve in the Occupied Territories, they can resort to the two traditional doctrines recgnized by liberal jurisprudence: the doctrine of civil disobedience and the doctrine of conscientous objection (Often there is an overlapp between the two defences). I argue that in addition to these two traditional doctrines, secular soldiers who are asked to serve in the Occupied Territories may resort to a doctrine I call “culture-based refusal.”. (shrink)

Since the 1860s, petroleum companies, through their influence on local governments, port authorities, international actors and the general public gradually became more dominant in shaping the urban form of ports and cities. Under their development and pressure, the relationships between industrial and urban areas in port cities hosting oil facilities evolved in time. The borders limiting industrial and housing territories have continuously changed with industrial places moving progressively away from urban areas. Such a changing dynamic influenced the permeability of these (...) borders. Port cities are nodes and logistic points where various flows of commodities, wealth, and knowledge gathered before further re‐distribution. These flows affected port cities by changing their spatial organization and the availabiity of space between borders. The main question here is: How did industrial and urban borders evolve through time in port cities? Through a historical analysis, the article explores the settlements of oil facilities and the influence of oil companies over local, regional, and national governments in creating borders and how it influenced the porosity of port cities. This article, through the petroleum narrative, illustrates the impacts of past borders on the contemporary urban form through the evolution of the French port city of Dunkirk, in the North of France. As a historical study, the article analyzes the changing relationships between petroleum industrial sites and housing areas in the city of Dunkirk, using aerial pictures, archival sources, and regulations of different periods. The importance of this analysis lies in knowing that former oil sites previously located on the periphery of Dunkirk, that were forgotten by the authorities are now located within the current urban tissue. This process demonstrates the importance of historical developments to understand current challenges in the urban planning of industrial port cities. (shrink)

The 1911 eruption of Taal Volcano in the Philippine province of Batangas took an estimated 1,700–2,000 lives and rocked the foundations of the American colonial state in the archipelago. Since 1898, Americans colonized the Philippine future by shifting the benchmarks for a promised but perpetually delayed independence. Central to this strategy was the contention that colonial Bureaus of Agriculture, Forestry, Lands, and Science would attract investment in tropical commodities on the promise of great future returns by managing territory and discipling (...) so-called tribal peoples into a modern labor force. Forecasting was built into the logic and projects of colonial capitalism. Anticolonial critics, in turn, argued that the American failure to react to seismographic readings—to forecast for disaster—exposed the weakness of American claims to the future while the immediate sale of photographs of the dead and tours of the “volcano zone” hindered the relief. Ensuing contests over settlement on volcanoes, the purpose of monitoring, and the visual importance of Taal shows the centrality of volcanoes to colonial science and technocratic nationalism, and of volcanology to the development of humanitarian science and governance. (shrink)

This article explores the complex position of British women missionaries under the Raj at a time of rising Indian nationalism in the 1920s, 1930s and 1940s. By 1920, 311 unmarried female recruits were serving the two leading Anglican societies in India – the high-Church Society for the Propagation of the Gospel and the evangelical Church Missionary Society – as opposed to 270 men. Although they transgressed imperial norms of ‘pukka’ female behaviour, these single women had numerous ties to the British (...) regime. Missionary and imperial ideals of service intertwined, and mission institutions frequently enjoyed imperial patronage. Sometimes, as at the Criminal Tribes Settlement in Hubli, women missionaries were even employed in direct government service. Using letters and reports, this article examines women missionaries’ negotiation of their complicated status, traversing the gap between the ruling race and its awakening subjects. It highlights their reticence with regards to all-India nationalist politics and their concentration on immediate, local affairs, arguing that such apoliticism and parochialism were consequences of their distinctive, gendered position within mission and imperial hierarchies. Their responses to nationalism and Independence were also conditioned by their Christianity, in particular their ultimate aim to ‘Indianize’ the Mission, promoting swaraj – not necessarily for India as a nation – but for the indigenous Indian Church. After Independence, this ongoing work, and the ambiguities of women missionaries’ connections to Empire, legitimated their continued presence in the subcontinent. (shrink)

New Zealand’s lack, until recently, of a ‘code of patients’ rights’ does not mean that health and disability services consumers have hitherto had no rights. There is already a significant body of professional guidelines, ethical precepts, and common law rules which govern interactions between providers and consumers. Much of the Code is entirely consistent with established codes of ethics and current law. Nonetheless, it represents an important advance in the legal recognition of consumers’ rights. Access to the Commissioner and independent (...) advocates will assuredly empower consumers. The experience of the Human Rights Commission and the Privacy Commissioner suggests that consumers will not be slow to exercise their new-found rights, and that providers will risk public censure, and costly settlements, if they choose to ignore the Code. (shrink)

Notwithstanding constant “crises of confidence,” a high number of international disputes lay at the docket of the International Court of Justice in The Hague. In the word of Judge Rosalyn Higgins, states are turning to the ICJ for the peaceful settlement of their disputes. The option provided by the Charter of the United Nations in limiting the compulsory jurisdiction of the Court to certain categories of disputes, clearly contributes to convening a greater number of states to accept this international jurisdiction, (...) resolve their disputes peacefully and in accordance with international law. Not surprisingly, only a few declarations provided in Article 36 of the Statute of the Court do not contain any reservation as to the limits of the Court’s competence. Interwar Lithuania contributed heavily to the strengthening of international justice. It was amongst the first members of the League of Nations to recognise the compulsory jurisdiction of the Permanent Court of International Justice and remained its faithful supporter until the very end of the Court’s activities. International justice provided at least titular security guarantees for the young nation. This faith of the Lithuanian government in relying on international justice was rewarded in full. The Lithuanian State defended its legitimate place amongst the independent nations and successfully stood up for its interests in all three cases before the Permanent Court. (shrink)

Can a constitution be treated as a recommendation rather than as binding and entrenched law? I argue that the answer to that question is Yes. With respect to the constitution in gross, that is, the total set of general provisions setting out both the structures of governance and the basic rights the constitution protects, the constitution as recommendation can serve as a focal point for ordinary political contestation which, because it unfolds in real time and is conducted by actors (...) with limited time and energy for such contestation, occurs within (largely) settled institutional forms. With respect to the constitution in detail, that is, brought to ground in judicial judgments in contested cases, the answer is more complicated. Ordinarily treating judicial judgments as recommendations is a prescription for instability (and for that reason inconsistent with the idea of institutional settlement). If the target of such a judgment makes a considered judgment that instability is worth it, the target is raising questions about the continuing value of remaining in the particular polity within which the principle of institutional settlement holds sway. (shrink)

One of the issues with introducing animal rights law is whether the problem is quantitative or qualitative, whether it can be achieved by working within existing legal paradigms or whether it requires a new set of paradigms. The answer is fundamental: a quantitative problem can be solved by applying more of the same solutions, while a qualitative problem requires completely different solutions. The qualitative camp can be represented by, say, Professor Gary Francione, demanding not only rights for animals but that (...) they have personhood and are no longer considered “property.” The quantitative approach can be finely represented by Professor David Favre, who has argued for many years that we can make progress by developing existing legal principles to give some rights to some animals, and he does so eloquently in his new book. He is clear in his view that progress is, and can continue to be, made with a series of steps, as he puts it, “climbing the slippery slope toward personhood” (p. viii).His case is supported by looking backward—progress made in establishing the rules governing humans in their relationships with animals—as well as forward to developments that will support continuing improvement in the lives of animals, not least the potential for technology (for example, through cell- and plant-based meat). At the same time, he also rightly rejects the concepts of animal welfare and animal rights being at odds, let alone either of them being a panacea for better lives for animals.One aspect of animal law that Favre believes does need to change is that of property status. As he says, the status of animals as personal property is “critical to the future of animal law” (p. 25). In general, the solutions have been largely binary—that animals simply cannot be property for them to have meaningful rights or that animals can be property and still have rights. The former makes intuitive good sense (and is consistent with the objectives of the human abolitionist movements) but would have enormous effects on economic activity throughout the world. The latter is appealing because it does not change the current paradigm, so can be developed more easily.Favre's premise is that we are moving toward rights for animals, so we need to find a way of integrating animals into the current legal system rather than having to destroy and reconstruct the legal system. His ingenious solution is to propose a fourth category of property, alongside real, personal, and intellectual property: “living property.”Within this category, he envisages using the common law concept of the trust to provide equitable “self-ownership,” where an animal has equitable “ownership” while a human retains legal “ownership.” He then connects this concept to adaptations in other aspects of law that start to recognize the selfhood of animals, creating a platform onto which broader and deeper rights for animals can develop, such as the status of “animalhood” (p. 72) and the corresponding legal right of consideration before decisions are made by the state affecting an animal's fundamental interests (such as continuing to be alive). By putting animals in a separate class—rather than uncomfortably leaving them in personal property—he creates a possible route for animal rights that seems less paradigm-busting than removing them from being property altogether.Drawing on evidence from criminal law, tort law, equity (trusts), property law, and family law, he shows how in many places—with a focus on states in the United States—existing laws are being adapted (“green shoots” p. 81) to recognize that animals are more than personal property, in ways that cannot be explained simply through the growth of regulations. For example, family law is starting to recognize that in the division of matrimonial assets, companion animals cannot be treated simply like any other personal property such as a table or a car based on who paid for them. Because animals are “living property,” the courts should take account of other aspects, such as who cared for the animals and who looked after them. Similarly, the concept of extending trust law so that an animal can be the beneficiary of a trust—in the same way as a human can be but inanimate personal property cannot—shows that the law can understand that companion animals can play a large emotional role in our lives (as well as we in theirs), such that we want to ensure proper care for them after we die.The book raises important issues. First, it is intentionally about domestic animals, with their close links with humans, so the potential for laws to engage is much easier than with, say, farmed animals. The danger with solutions that focus on domestic or charismatic animals (e.g., dogs, chimpanzees, elephants) is that the arguments may be pertinent essentially only to those species and therefore hard to apply to animals of less charismatic species, say in a factory farm (but who are present in much greater numbers and generally badly treated in comparison). He “leaves for another day” (p. 32) the discussion about other animals. Hopefully that day will come, as it would be interesting to see how Favre could extend his concept to animals for whom the public has less affection and less appreciation of their capacities (and for whom the prospect of death is much more real and imminent).Secondly, public support for these ideas about living property may simply not be present. If there is not a sufficient groundswell of support for changing the status of animals, then whether one proposes changing it to not-property or “self-owned” property doesn't matter (if someone doesn't like needles, it doesn't matter whether the needle you propose to use is big or small). This may be too pessimistic, of course (people can be helped to overcome a fear of needles, and one way to start is with small needles). Perhaps the law should start with small changes to recognize at least a few animals—their sentience, their capacities for pleasure and pain, their emotions and preferences, their potential for autonomy—and build public support from there.There is also the underlying and more radical point about whether these ideas—the trust for a beloved companion set up by the human, the divorce settlement that doesn't just give the companion to the party who paid for them—are actually bringing about changes for animals as such or are simply adapting laws to help humans, recognizing human needs, and do not actually change the status of animals. The ends are still humans, and the means are still animals.This is not intended to paint a bleak picture: The more bluntand uncompromising part of the animal rights movement that has been focused on the qualitative problem has hardly been successful at getting animal rights laws passed anywhere in the world, so everything that moves us closer to a better, richer, more thoughtful view of animals will help. Favre's approach has ingenuity, shows good sense, and has the potential to bring about real animal rights. The themes and cases in this book that show how courts and legislatures are becoming more aware of the sentience of at least some animals, as well as proposing a middle path in the debate about animals as property, are important in the journey toward recognition of animal rights. Even more important, they may actually work. (shrink)

The process of registering Muslim communities of the spiritual government of Crimean Muslims in the first 15 years of independence of Ukraine was too dynamic. However, since 2005 this process has slowed noticeably. This is due to the fact that at present, a possible extreme threshold of this process has been reached. This is due to the fact that in Crimea the process of returning former religious buildings that were transferred according to the legislation of Ukraine to registered legal entities, (...) i.e. Muslim communities. One of the reasons for the decrease in the number of registered Muslim communities is also the reduction in the number of mosques under construction in the settlements of Crimea, due to the cost of their construction. (shrink)