Legalism: Law,morals, and political trials

The purpose of this article is to critically undermine two commonly held and closely related contentions regarding the British idealist tradition. The first is that the British idealist tradition went into rapid and terminal decline shortly after the outbreak of the First World War. The second is that J. A. Smith was largely responsible for it. These aims are achieved through a diachronic analysis of Smith's conception of human imperfection as well as an assessment of Smith's intellectual legacy. As this article will show, contrary to the received view, Smith was a philosophical innovator who instigated an intellectual evolution within the British idealist. In particular, this article shows that Smith substituted aspects of his early Greenian philosophy with elements of Italian idealism. As a result, Smith was instrumental in moving British idealism away from its traditional underpinnings and towards more a Croce–Gentilian foundation. It is this neglected philosophical innovation which has given scholars the false impression of the tradition's collapse. By establishing Smith's intellectual innovation this article intends to show that Smith made a much more significant intellectual contribution to the philosophical tradition to which he belongs than has so far been recognised.     

Measuring Polycentricity and its Promises

Even a decade after the concept of polycentric development became popular and increasingly widespread in Europe as a normative policy stance allegedly leading to cohesion and competitiveness, its empirical basis is still rather weak. This is partly due to a lack of conceptual clearness, which makes its measurement difficult. This research briefing synthesises the results of two recent ESPON projects that aim to create a quantitative measurement of the extent of polycentricity of national urban systems, as well as the links they find between polycentricity and economic and social objectives. Both approaches have their limits and have been, and can be criticized from various perspectives. Some suggestions on how to proceed with this research agenda are presented.     

Campaign Promises,Democratic Governance,and Environmental Policy in the U.S. Congress

One important criterion for assessing the quality of democratic governance is the extent to which the policy process effectively translates citizen preferences into collective choices. Several scholars have observed a discrepancy between citizen preferences for strong environmental protection and weak policies adopted in the United States, indicating that the United States may fall short on this criterion. We examine one possible mechanism contributing to this discrepancy—legislator defection from campaign promises. Our data indicate that legislators in the U.S. Congress routinely defect from their campaign promises in environmental protection, undermining the link between citizen preferences and policy choice. We also find that legislators are much more likely to defect from pro‐environmental campaign promises, which moves government policy toward less stringent environmental programs. Finally, the propensity of legislators to defect from their campaign promises is systematic, with defection affected by partisanship, constituency influence, the influence of the majority party, and the likely consequences of defection for policy choice. These findings contribute empirical evidence relevant to the “mandate theory” perspective on how citizen preferences are translated into collective choices through the policy process. These findings may also complement research in comparative politics concluding that legislatures selected through single member districts adopt less stringent environmental policies than do legislatures chosen via proportional representation in that the mechanism for this effect may go through legislator defection from campaign promises.     

Globalization,empire and natural law

Three controversial concepts are central to discussion on how international order originates, how it operates, and ultimately how we should respect it: globalization, empire and natural law. Each of these is examined in turn in this article. The currently prevalent way of thinking about globalization simply as a system of inter‐connections, of processes and networks that span national and cultural boundaries is likely to produce anti‐globalization backlashes. Many people reach the conclusion that global rules are simply a euphemism for some sort of imperial or neo‐imperial rule. Consequently, there is an increasingly intense discussion of the role of force and power in a global order. This article suggests an alternative mechanism for creating global order. The power of globalization rests not simply on material prosperity, but on the ability to communicate and share ideas as well as goods across large geographical and cultural distances. Natural law theories suggest that a sustained dialogue between apparently rival traditions of thinking can lead to agreement on shared norms and values.     

Northern Ireland,employment and the law

Employment Equality in Northern Ireland, vols I‐III Eithne McLaughlin (series ed.), 1997 Belfast, Standing Advisory Committee on Human Rights ISBN 0.9527.5280.8

Vol. I. Fair Employment Law in Northern Ireland: Debates and Issues Denise Magill & Sarah Rose (eds) pp. 202

Vol. II. Policy Aspects of Employment Equality in Northern Ireland Eithne McLaughlin & Padraic Quirk (eds) pp.197

Vol. III. Public Views and Experiences of Fair Employment and Equality Issues in Northern Ireland John McVey & Nigel Hutson (eds) pp. 170     

Fama publica,infamy and defamation: judicial violence and social control of crimes against sexual morals in medieval Castile

Control of crimes such as the sin of lust was one way in which the elites at the head of Castilian town councils emphasised their good government. Among all the such crimes, sodomy was considered to be the most terrible, which brought major misfortunes to the population, and against which it was necessary to avenge. For those accused of this crime, or who actually committed it, it meant exclusion from society. For the urban Castilian elites this struggle was a way of justifying themselves as a governing group. Defence of society against sodomites is related to the political context and to the internal struggles of the urban elites. In the lawsuits analysed, there is clear repetition of a series of words related to individual reputation and social esteem: fama, honour, Buena fama, fama publica, infamia. These can be shown to be vital to the defence of the accused, and also frequently recur in the legislation itself. Rumour was also used as propaganda to shape public opinion and to discredit rivals in the struggle for urban power.     

Anthropology of law,fear, and the War on Terror

Since 9/11, the US government has arrested hundreds of people, mainly American Muslims and Middle Easterners. Such arrests grow out of control and accusations become the same as guilt. Mob mentality becomes a state of mind, a sociopolitical phenomenon that periodically erupts, fuelled by right‐wing Christian religious extremists and frequent malicious government prosecutions. A key characteristic of interest to anthropologists who study law is that the accused is presumed guilty without due process.     

Rousseau,Pufendorf and the eighteenth-century natural law tradition

The relationship between the political theory of Rousseau and modern natural law continues to be the subject of debate, both with regard to Rousseau's faithfulness to the idea of natural law itself and regarding the precise extent of the debt he owed to his predecessors. In this article the author re-examines this relationship by focusing attention on what has been defined as the protestant tradition of natural law. In particular she concentrates on the political and theoretical exercise that Jean Barbeyrac had sought to perform by constructing a particular version of this tradition, namely that of using the science of natural law to promote a policy of tolerance between protestants and to justify the right of citizens to resist catholic sovereigns who denied them religious freedom, as well as the right of protestant countries to come to the aid of persecuted fellow believers. The thesis asserts that Rousseau was fully aware of this exercise, just as he was aware that some of Barbeyrac's ideas had been adopted and reworked by another illustrious Genevan, Jean-Jacques Burlamaqui, a member of the Small Council, to support anti-populist and antidemocratic politics in Geneva. Viewed in this way it is possible to perceive in Rousseau's political thought not so much a “first crisis” of natural law as an intention to reformulate this science from a republican perspective in order to derive rigorous principles of political law from it. And in developing his republican political theory Rousseau took up and overturned the analysis of democratic sovereignty carried out by Pufendorf, who in opposing the “pro-monarchist” excesses of authors such as Hobbes and Horn had unhesitatingly demonstrated the complete validity of democratic sovereignty.