An ineluctable minimum of natural law: François Gény, Oliver Wendell Holmes, and the limits of legal skepticism

During the first few decades of the twentieth century, legal theory on both sides of the Atlantic was characterized by a tremendous amount of skepticism toward the private law concepts of property and contract. In the United States and France, Oliver Wendell Holmes and François Gény led the charge with withering critiques of the abuse of deduction, exposing their forebears’ supposedly gapless system of private law rules for what it was, a house of cards built on the ideological foundations of laissez faire capitalism. The goal was to make the United States Constitution and the French civil code more responsive to the realities of industrialization. Unlike the other participants in this transatlantic critique, François Gény simultaneously insisted on the immutability of justice and social utility. His “ineluctable minimum of natural law” would guide judges and jurists toward the proper social ends, replacing deduction with teleology. The problem was that nearly all of Gény's contemporaries were perplexed by his conception of natural law, which lacked the substance of the natural rights tradition of the eighteenth and nineteenth centuries and the historicist impulse of the early twentieth. No one was more perplexed than Oliver Wendell Holmes, whose more thoroughgoing skepticism led him to see judicial restraint as the only solution to the abuse of deduction. The ultimate framework for this debate was World War I, in which both Holmes and Gény thought they had found vindication for their views. Events on the battlefield reaffirmed Gény's commitment to justice just as they reignited Holmes’ existential embrace of the unknown. In a sense, the limits of their skepticism would be forged in the trenches of the Great War.     

Making screen production work at the margins: path-dependent development in Brisbane and the Gold Coast

While screen production is notoriously centralised, it is still found outside major media cities where the central problem for actors in these subordinate media cities is how to create sustainable levels of screen production capabilities in circumstances of increasing centralisation and globalisation in media production and its design. This article discusses how the screen production sectors of two subordinate media cities, Brisbane and the Gold Coast, are organised. Each city represents a different pathway for the sustainability of a media sector. The Gold Coast is a production location for globally and nationally dispersed high-budget feature film and TV drama production; while Brisbane is mostly a ‘national production’ location for domestically oriented news, documentary, infotainment and sports programming with a focus on lower budgeted feature filmmaking and occasionally, television drama. These different city pathways are the product of the creative resources and infrastructure evident in each city.     

The Nominations Presidents Make: Appointing Supreme Court Justices

This paper tests the hypothesis that presidents are more successful in Congress during their first hundred days in office. Analyzing an original dataset composed of the bills on which presidents took official positions, it finds that presidents indeed have higher success rates during the first hundred days of their first year than they do later during their first year or during the first hundred days of noninaugural years. This effect is strongest for presidents who face divided government.     

Death in the sun: the bioarchaeology of an early post-medieval hospital in Gibraltar

SUMMARY: In 2014, during construction work at the ex-Civil Hospital in Gibraltar, excavations led by the Gibraltar Museum revealed a major, previously unknown burial ground containing more than 200 skeletons. We present the historical, archaeological and radiometric dating evidence from the site alongside the results of initial osteological analyses. The data indicate that the burials pertain to an earlier 16th-century Spanish hospice, and therefore stand to offer new insights into the functioning of this early modern hospital and the health and movements of people at a time of incipient globalization.     

International prototypes and local identity: The walled garden of Scotland as heritage landscape

Abstract

The distinctiveness of place is a central, and often unquestioned, tenet of landscape heritage studies and the landscape design and conservation which may accompany them. In learning from history and other comparative studies, one of the many challenges is to discern what determines diversity in the landscape. At what point does the local expression of an international prototype become a local and unique landscape type, a local landscape heritage, in its own right? This paper takes the walled garden of Scotland as an example to explore issues of national, regional and local landscape identities. It examines cultural traditions, biophysical constraints and stylistic responses to availability and command of materials and technologies. It explores some of the origins of the walled garden, the way the landscape type was developed and refined in response to the Scottish context, and the way this element is treated as landscape heritage today.     

A Critique in Search of a Corpus: Re-visiting Governance and Re-interpreting Urban Politics

One of the most profound changes of the last two decades has been in the form and the function of local government. Its role as part of the local state has been challenged through the re-scaling and re-configuration of many of its aims. This paper examines the growth of business sector involvement and the ascendancy of the partnership model in urban development, as part of an analysis of the changes and the continuities that stretch across the local government – local governance conceptualization of political relations. I start the paper with a discussion of the main issues in the local governance literature as a precursor to a commentary onImrie and Raco's (1999) recent paper, 'How New is the New Local Governance? Lessons from the United Kingdom'. The wider literature is drawn upon to discuss some of the theoretical approaches used to analyse this much-vaunted transformation and three key themes are used to structure the remainder of the paper. I argue that Imrie and Raco caricature the work of other academics in order to make their claims over omissions from the literature. In doing so, they ignore or under-play how state restructuring and the logic of capital has often been the object of analysis, rather that the voluntarist incorporation of business élites into the local governing apparatus. Using empirical examples from three English cities I argue that while, on the one hand, their examples are revealing and serve to sensitize current debates around governance, the state and regulation, on the other hand, there is still a need to interpret these 'local' politics within a broader and more scale-sensitive framework and in more abstract terms. This demands a clear distinction between local governance as a concept, and its investigation in an empirical way.     

Introduction and Overview

In her introduction to the themed articles in this special biodiversity issue of International Affairs, Halina Ward highlights the relevance of the Convention on Biological Diversity and of a rapidly evolving 'corporate citizenship' agenda to an understanding of the relationship between business and biodiversity. She asks whether a distinctive 'pro-biodiversity' business agenda has already emerged and highlights the relevance of the issues at stake to governments.