Justice Breyer's Constitutional Jurisprudence: Active Liberty and Pragmatism

This analysis of Associate Justice Stephen Breyer's jurisprudence proceeds from his first book devoted to this subject, Active Liberty, a term he derives from Benjamin Constant and that Breyer defines as participatory democracy. Active Liberty and two subsequent books, as well as numerous off-bench writings, explain his jurisprudence of pragmatism, an approach he contrasts with originalism. This article addresses three general questions: Is Breyer's jurisprudence, founded on active liberty and pragmatism, fundamentally consistent with the design of the Constitution? Does his jurisprudence support his opinions in the constitutional decisions examined, a number of which are also treated in his books and articles? In a system that is designed to empower and to limit government, do his jurisprudence and judicial decisions constrain judges? This last question is especially important because of Breyer's thesis “that courts should take greater account of the Constitution's democratic nature when they interpret constitutional and statutory texts.” Breyer believes that his theory of active liberty ameliorates the democratic anomaly between a system “based on representation and accountability” that at the same time entrusts “final or near-final” authority to unelected judges who are insulated from public opinion.     

East Polynesian Islands as Models of Cultural Divergence: The Case of Rapa Nui and Rapa Iti

The diverse island societies of East Polynesia are well-suited as models for comparative evolutionary analysis. Settled ca. 750 BP by a common ancestral population, colonists of the remote corners of the Pacific shared a pool of cultural traits that included commensal species, language, technology, and other cultural practices. Following colonization however, island populations diverged in language, subsistence practices, degree of territoriality, settlement patterns, investment and forms of monumental architecture, and social organization. Driven by historical circumstances and varied environmental conditions, this divergence presents evolutionary case studies of alternative paths of cultural change. One explanatory approach to this evolutionary divergence involves isolating the critical ecological parameters that likely constrained and shaped the diverse history of island populations. Here, we offer a comparative evolutionary analysis that explores the divergent histories of two marginal East Polynesian islands: Rapa Nui and Rapa Iti.     

Stumbling towards Empire: The Shanghai Local Post Office,the Transnational British Community and Informal Empire in China, 1863–97

In the second half of nineteenth century, a small transnational British and foreign community grew up in the treaty ports scattered along China’s coast, a community literally caught between the great inner Asian empire of the Manchu Qing and British-dominated informal empire in Asia. Although scholars often contend that few major developments occurred in the foreign sector of the treaty port world until the very end of the nineteenth century, this article joins recent revisionist scholarship seeking to better understand the growth of this transnational treaty port community through a study of the Shanghai Municipal Council’s local post office in the context of informal empire prior to the rise of muscular Chinese nationalism in the early twentieth century.

As an institutional history of the virtually unknown local post office, this article is a study of the decades-long process by which the foreign settler community of Shanghai slowly built up the administrative capacity, trading networks and communications infrastructure of informal empire and semi-colonial order in the nineteenth-century treaty ports. The history of the local post office is largely unknown not because of its insignificance, but because we have not paid enough attention to the institutions that facilitated the emergence of transnational expatriate and settler communities throughout the world of British informal empire and the global and local influences that shaped them.     

Multi-method Analysis of Avian Eggs as Grave Goods: Revealing Symbolism in Conversion Period Burials at Kukruse,NE Estonia

Eggshells are unusual finds in the Iron Age of eastern Europe (500 BC–1200 AD) deserving extra attention in terms of analysis as well as interpretation. This paper discusses two rare eggshell finds, discovered in female burials at the conversion period (12th–13th century AD) cemetery at Kukruse, NE Estonia. Our multianalytical study combining FT-IR, SEM(-EDS), microscopy and ZooMS provides an overview of methods applicable for identifying egg species, their predepositional history and curation. Based on the analytical results and the comparative analysis of the content and context of these two burials, we argue that different aims and connotations lay behind depositing eggs as burial goods, allowing well-supported interpretations of both pagan and Christian religious worldviews simultaneously.     

The political economy of dive tourism: precarity at the periphery in Malaysia

ABSTRACT

Using a critical political economy approach and the concept of labour precarity, the international dive tourism industry in Sabah, Malaysia and its workers’ vulnerabilities are interrogated. Fieldwork data highlights dive tourism's socio-economic impacts and the precarity of labour within the international tourism sector and also critiques it as a development strategy for a peripheral region. The paper challenges the optimistic views of labour precarity found in the existing political economy literature. Rather than identifying labour empowerment, evidence demonstrates significant worker vulnerability, uncertainty, and contingency – especially among ethnic minorities – resulting from Malaysia's state-led rentier economy.     

Illusions of care: Iraqi students between the Ba’thist State and the Stasi in socialist East Germany, 1958–89

For four decades, Iraqi students came to the German Democratic Republic for education, political refuge, or to burnish their credentials. In 1969, Iraq opened diplomatic relations with the GDR, simultaneously extending its persecution of the Iraqi Communist Party (ICP) into East Germany by means of a complex bureaucratic apparatus of diplomatic organs, security services and student organisations. While ICP members were eventually protected by the Stasi, this entangled them in a system that offered care at the cost of obedience. The on-going campaign against ICP students ultimately played an outsized role in undermining the relationship between the SED and the Iraqi Ba’th.     

Whose space is it anyway? Learning about space to make space to learn

The significance of the environment in which children learn has long been recognised as one of the key elements that can have an influence on the experience and success of education. Usually understood from an adult perspective, here children’s views are interpreted on the educational space that was designed for them. These perspectives are illustrated through using Lefebvre’s Triad model. This includes the perceived, conceived and lived spaces, including the added dimension of time interpreted through an educational lens. The data demonstrates the value of children’s renegotiation of functional space through visual narratives. Deeper understanding of the uniqueness of individual children’s experiences offers opportunities to re-examine the space in alternate ways, which Lefebvre’s model has facilitated. Whilst recognising that the school space needs to be functional, the negotiation of space with children can be approached creatively and still support unique yet diverse pathways to learning.