The 'Haves' and the 'Have Nots': An Empirical Study of the Rational Actor and Party Capability Hypotheses in the High Court 1948–99

The High Court has always played an important political and social role. However, recent debate over implied rights in the Constitution has brought judicial power into focus, making it an important topic for assessment. One framework that has been used to test judicial power in Canadian, English and United States appeal courts is the notion of party capability theory. This paper analyses reported and unreported decisions of the High Court since 1948 in light of party capability theory. It attempts to identify what impact (if any) both the experience and resources of the litigants has had on which parties win and lose on appeal over an extended period. The main conclusion is that there is little evidence to support the thesis that stronger parties persistently come out ahead.     

Urban Indians: Patterns and Transformations

For centuries American Indians have been an object of Western fascination. All too often this fascination has been an invented view of Indian people. This is especially evident with the recent movement of Indians to urban areas within the United States and Canada. Not only has this movement been ignored by society in general but it has also received almost no comment in the geographical literature. In this analysis the complex character of urban Indian communities is sketched, a variety of interpretations of these communities is outlined and the implications for planning and public policy are examined. The recent emergence of Indian organizations provides an innovative alternative for planning and public policy—cultural planning for urban redevelopment.     

The role of the internet in removing the ‘shackles of the saleroom’: Anytime,anyplace, anything,anywhere

Abstract

The alliance of the internet with the antiquities industry has seen the market grow at an unprecedented rate. E-commerce has facilitated an increase in flexibility and access to the market, which has encouraged an influx of new people to the trade. Anyone can now buy and sell antiquities.

The expansion and extension of the market has created new threats to our cultural heritage. Indeed, my research suggests that this has had a significant impact on the organisation, extent and intensity of site destruction. Furthermore, the increased demand for artefacts has led to the proliferation of fakes, increasingly obvious with the widely circulated images on the world wide web. Consequently we are faced with a progressively more confused and fragmentary archaeological record, challenging efforts to piece together the past.

All assessments of the future must accept that the e-market is vast, that it remains largely unsupervised, and that it is impossible to police. Evidence suggests that the illicit trade is filtering into the cyber-sphere, which provides an ideal means of placing material onto the market quickly and quietly. The extent of this unwelcome development is unknown and remains difficult to assess. What is certain is that action needs to be taken if the ‘Age of Technology’ is not to consume the present as well as the past.     

澳门民间财神信仰旅游资源研究

民间财神信仰是中国财文化的重要组成部分,是澳门地区最具特色的民间信仰之一,近年来已成为澳门主要的旅游资源之一。财神又是博彩业的行业神,但是由于中国大多数地区禁止博彩,因此关于此类信仰的研究甚少。本文从澳门民间财神信仰出发,分析了澳门民间主要祭祀的财神的功能与形象,并探讨了澳门博彩行业神信仰的神灵系统构成及其具备的特点。     

"承负说"与两汉灾异论

作为《太平经》基础理论的"承负"说主要有两层含义:一是善恶报应,继承汉代之前中国本土的善恶报应思想;二是对汉代社会危机提出的一套解释系统,此与灾异论的盛行具有重要关联。前者为《太平经》对下层民众进行宗教教化准备了前提,后者为其政治改良方案的提出铺平了道路。尤其后者,对两汉之际不同派别的道教运动产生了革命性的影响,进而深刻影响了后汉之政治变迁。     

Building Bridges across the Atlantic: the European Union Visitors Program. A Case Study for Public Diplomacy and the Transatlantic Relationship in the 1970s

This article addresses the core question of the complex interplay between Atlantic-alliance politics and European integration in the 1970s, a turning point in the European-US relationship. The analysis focuses on the European Community Visitors Program: the first European Community (EC) professional exchange programme seeking to foster mutual understanding between the Community and the United States, which is an intriguing case study in the history of transatlantic relations from a public-diplomacy standpoint. Its relevance is indeed twofold. From an intra-European perspective, it has contributed to laying the foundations for an identity discourse, upon which the narrative of a Euro-exceptionalism has been constructed from the 1970s onwards. Furthermore, as an exchange programme fostering connections among elites abroad, it has enhanced the EC's visibility outside its borders and thus promoted its recognition worldwide. At a systemic level, the ECVP - modelled after the most famous US public-diplomacy programmes - has served as a transatlantic bridge-builder and a prime tool for facilitating alliance management during the cold war, particularly in the troubled 1970s.     

浅谈我国刑事证人保护制度

证人是刑事诉讼活动的重要参与人,证人的证言是诉讼活动中广泛使用的证据种类。然而,在现实中,刑事证人出庭作证却有一定的难度,其主要原因在于证人的权益没有得到有效的保护,这就会严重影响到刑事诉讼活动的顺利进行。对此,本文从建立证人保护制度的意义入手,对我国刑事证人保护的对象、机构以及相关程序和措施做简要分析和论证。     

Chile 1997-1998: The Revenge of Incomplete Democratization

The author seeks to analyse the repercussions and consequences of the Pinochet affair for Chilean domestic politics. He explains how the legacy of seventeen years of authoritarian rule has shaped the deep divisions within Chilean society regarding the prosecution of the Chilean former dictator in the London courts. Chile is an incomplete democracy and Pinochetism is very much alive in Chile today.
The author is very critical of the role played by the current Chilean government and political class, for their behaviour during the affair. In granting a special mission to the General which gave him immunity and later supported his legal case after initial hesitation, the government has shown confusion that has not advanced the case for full democratization and justice in Chile. The ambiguous behaviour of the political class during the episode has discredited its prestige in the eyes of public opinion. Chilean society, according to the author, has missed an opportunity to advance justice and the dignity of the country.     

Widespread and diverse neighborhood gentrification in Jerusalem

Gentrification in Jerusalem is much more complex than is often perceived or observed. It is not just an inner city process and has a substantial representation in the outer areas of the city, too. In the inner city gentrification was made possible by the growing willingness to upgrade old houses, formerly looked down upon by upwardly mobile individuals. In the outer areas gentrification was as result of a growing suburbanization of the Jewish middle-classes. Geopolitical circumstances played a substantial role in the spatial pattern of gentrification, especially along the former cease-fire line that has divided Jerusalem between 1949 and 1967. Once that line did not exist functionally gentrification was in motion, as a spontaneous process or an institutional one. What emerges from the study of gentrification is its diverse nature. Each particular neighborhood has its specific circumstances in terms of its physical layout, geopolitical setting and social composition, which in turn have an impact on the nature of gentrification.     

高等院校校园旅游研究

在界定高校旅游概念的基础上,分析了高校旅游的发展背景和研究现状。指出高校旅游的内容和形式主要包括观光游览、会议旅游、探亲访友、修学旅游、体育旅游、科技旅游及事件旅游等几大类。文章认为高校旅游是城市旅游的有效组成和延伸、是文化旅游的重要形式和内容、是一种综合性强、社会效益明显的旅游形式,也是一种新型的特种旅游。文章最后在探讨高效旅游负面影响及存在问题的基础上,提出了相应的解决对策。     

Re-examining Leader Effects: Have Leader Effects Grown in Australian Federal Elections 1990–2004?

It is well established that the popularity of party leaders exerts an important influence on vote choice in modern federal elections. Significant partisan and class de-alignment have been key drivers of this trend. Although Australia's development in this respect has been slower than in some other liberal democracies, it has nonetheless been significant, and has weakened voters' attachments to the major parties. This article examines six federal elections (1990–2004) and investigates whether the electoral impact of party leader popularity is continuing to grow, or whether the impact, although important, has been relatively stable or declining. We also investigate the impact of different methods of calculating leader effects on their implied size and, drawing on new data available in the most recent Australian Election Study surveys, present an alternative model of leadership effects that has not been assessable previously in the Australian context.     

Viewpoint: Visibilising Care in the Academy: (Re)Performing Academic Mothering in the Transformative Moment of COVID-19

The effects of COVID-19 have been profoundly felt across higher education as across broader society. In particular, the pandemic has revealed that many of our most stubbornly entrenched inequalities do not simply follow gendered fault lines, but rather care fault lines. In this article, we adopt a maternal epistemology and collaborative witnessing to outline the disruption that academic mothers have experienced during the pandemic. However, we argue that this disruption is not simply obstructive to academic mothers and other caregivers. Rather, COVID-19 has provided a potentially transformative moment for the visibility and normalisation of care in the academy. It has forced the complex negotiation of paid work and care work that academic mothers must constantly manage into the spotlight. The pandemic has provoked an opportunity for a different performance of mothering in the academy; one that does not require us to invisibilise our care to be valued. This (re)performance and revaluation has the potential to reform the cultural landscapes of the academy, towards spaces in which care is reimagined as not simply an encumberment but also an enrichment.     

GERMANY IN TIMES OF CRISIS: PASSIVE REVOLUTION,STRUGGLE OVER HEGEMONY AND NEW NATIONALISM

Germany appears as the case in point of a country that is getting through the current crisis rather well. Central to this “success” is the passive revolution that the country has undergone in the 2000s during which a state‐led restructuring of the regime of accumulation has resulted in the creation of a new stratum of working poor and an overall lowering of wages. Following a discussion of this passive revolution and the resulting mass impoverishment, this article explores the struggle over cultural hegemony, which has surfaced in various controversies since the beginning of the current economic crisis in 2007. I argue that there is a passive consensus concerning “poverty” – which is unpopular, but regarded as inevitable – that is outweighed by an active consent concerning “Germany” – an immensely popular notion. In Germany, a new nationalism that blends classism and racism in the service of the economic competitiveness of the nation is argued to be at the core of cultural hegemony in these times of crisis.     

Language Policy and State in Morocco: The Status of Berber

Moroccan society has had a long tradition of multilingualism. It is socially and linguistically diverse, and its cultural makeup is one of the richest in North African countries. Its strategic location at the crossroads of Africa, Europe, and the Middle East has made Morocco open to a variety of linguistic influences. Morocco has been invaded by Phoenicians, Carthaginians, Greek, Romans, Vandals, Byzantines, Arabs, Spanish, and French. All these civilizations have deeply influenced Moroccan language policy and cultural diversity. The cultural and linguistic context of Morocco is characterized by the significant use of Arabic, as well as the presence of Berber, French, Spanish, and English. Berbers are the indigenous populations of Morocco and have existed in North Africa since time immemorial. Despite its complexity, the language policy of Morocco reveals an overarching monolingualism, with the hegemony of Classical Arabic as the only official language of the country. Recently, however, language education policy in Morocco has attempted to accommodate multilingualism. The linguistic situation of Berber has taken a new twist as it has been incorporated into the realm of Moroccan schools. The new Moroccan constitution also represents a historical turn in that it has acknowledged Berber as an official language, a move that has raised several questions with regard to the real motivation behind it. Berber implementation policy was based on an entirely top‐down bureaucratic model of language policy. Moroccan policymakers and the state seem to be aware of how other dramas are playing out in Morocco and around the world as theories of multiculturalism and effects of globalization are influencing their decisions. However, this language policy encounters many hurdles, from the improvisation to lack of qualified teachers. This article is an attempt to understand the intricate diversity and plurality of Moroccan language situation and the role of the state in Berber language policy. It also examines the invisible politics behind implementing it.     

Italian regionalism or ‘Padanian’ nationalism — the political project of the Lega Nord in Italian politics

The resurgence of regionalist political parties has had a considerable, though variable, impact on contemporary European politics in recent decades and there are numerous examples of such parties across Europe. In Italy, there are several regionalist parties, however, it is the emergence in the last 15 years or so, of the Northern League (Lega Nord) (LN) political party, in the North of Italy, which has given a new impetus to debates about the significance of regionalism in Italy as well as across Europe. This paper discusses the different approaches to defining regionalism as well as the common features and driving forces of contemporary political regionalist projects. It then focuses upon the political discourses of the LN in order to discuss the ways in which the party resembles other regionalist projects, while having certain key, distinct and rather unique differences. This is because the LN's political project is not based in an area that has historic claims to nationhood. Instead, the LN has attempted to invent an ethnicity for the North of Italy (or ‘Padania’) in order to justify its political claims for the protection of the economic interests of the region. ‘Padania’ (which is the Latin term which refers to the basin of the River Po), has never ‘existed’ as an administrative or political unit but the LN has attempted to construct (and invent) a geography and a history in order to justify its territorial and political claims.     

Mapping science: in memory of John Ziman

Abstract

Science has brought untold benefits to mankind through an increase of knowledge. These are reviewed in astronomy, nuclear physics, in the life sciences and the resulting technological accomplishments are discussed from an American point of view. International cooperation in scientific research, be it big accelerators or large telescopes, has posed great challenges to engineers, but has also highlighted the global problems of population explosion, pollution, tropical diseases and finite resources. All points to the fact that the world is in a state of transition, and this, the main thesis of the review, is exemplified in detail, showing how science and technology has led to social, economic and political problems. To these, solutions are offered.     

An Economy of Country Houses

This paper presents an economy of country houses with the ultimate aim of generating a framework for the evolution of country house management theory for the development of management practice and education. Whereas traditional management theory (for large entities) has evolved from the modern and narrow interpretation of economy, this paper employs the old but broader archaic form (oeconomy). This is a device that has previously been used both to generate an alternative understanding of organisations in general as well as for specific types of organisation. When combined with empirical data collected from a range of different country houses, an economy of country houses has emerged. This oeconomy is based on a number of core concepts, each of which has a number of key issues associated with it. The results show that this economy is quite unique, although there are some similarities with the economy of small businesses and the conflict approach of business management theory.     

‘Primordialism’ in nationalism studies: theory or ideology?

For several decades, the field of nationalism studies has seen an extended debate about explanations of nationalism and about the process of nation formation. An impressive set of labels has been coined to describe alternative approaches. One of the theories that has enjoyed unusual longevity is the approach known as primordialism, which stresses the deep historical and cultural roots of nations and nationalism and assumes their quasi‐objective character. This resilience is surprising because of the difficulty of marshalling evidence to support such a theory, and because of the line‐up of critics who dismiss it. This article explores the recent debate about primordialism. It suggests that authentic versions of primordialism are extremely hard to find in the academic literature, and that primordialism may better be viewed as an ingredient in nationalism than as an explanation of nationalism.     

The Disposal of European Community Food Surpluses

Since, at its inception, the European Community (EC) was highly dependent on food imports, EC institutions were not designed to facilitate overseas market development for food exports. As time passed, the EC has become much more self-sufficient in food, generating large surpluses in cereals and dairy products. Market development has never been an official EC policy goal, but there is evidence that the EC has used food aid to encourage Third World countries to increase food imports from Europe. Evidence also exists that the Community has used export subsidies as a means of competing for an increased share of promising international markets, though this effort has not been unambiguously successful.     

The European contribution to global environmental governance

The European Union has become an increasingly central player in international environmental politics. Its role, especially as a protagonist to the United States, has been highlighted by the way in which it successfully led the campaign for ratification of the Kyoto Protocol. The 2005 UK presidency has made climate change one of its twin priorities along with African development, and it is with this in mind that the article discusses the way in which the Union can be considered an international environmental actor in its own right and the various contributions that it makes to global environmental governance. While the EU is well known as a trade actor the complexities of its role as an environmental actor, operating under shared competence between the member states and the Community, are less well understood. Despite the inherent difficulties it has been surprisingly effective, although in areas such as climate change there is a need for strong presidential leadership.
The EU's most evident field of activity has concerned the many multilateral environmental agreements in which it has come to play a leading role. However, this does not exhaust its contribution to global environmental governance that extends to the dissemination of norms and the incorporation of partners in its accession and neighbourhood policies. Sustainable development is also a key area of internal and external Union endeavour at the WTO and elsewhere, although there are continuing contradictions arising from its agricultural and fisheries policies. Finally, the Union's credibility will rest upon its ability to implement its environmental commitments and this is nowhere more evident than in its new emissions trading system. This is the centrepiece of the EU's commitment to the Kyoto Protocol and it is the need to co-ordinate the Union's diplomacy in the extension of the climate change regime, to include the United States and the developing countries, that the UK presidency must address.