bluuebunny/crossref_metadata_2025 huggingface dataset:
The Americanization of EU Law Scholarship
Authors: Arnull Anthony
Published: January 2009

This chapter examines contextual and critical scholarship on EU law. It argues that the Union's diversity and current state of development perhaps make it unlikely that EU law scholarship will travel quite as far down the same path as American legal scholarship. Of particular importance is the range of legal families represented in the European Union, especially the influence of the civil law systems.
The Effect of European Community Law on Irish Law and the Irish Constitution
Authors: Fennelly Nial
Published: January 2009

This chapter examines the impact of EC law on Irish courts. It is shown that Irish courts have generously embraced and applied Community law, its subject matter and its principles. Direct conflict has been avoided. The decisions of the Supreme Court in Meagher and in Maher demonstrate a willingness to abstain from constitutional scrutiny of measures necessitated by the obligations of membership, by application of a flexible test.
Peace Agreement Patterns
Authors: Bell Christine
Published: January 2009

This chapter examines the types of peace agreement patterns which emerged from peace processes in widely varying types of conflict. It attempts to clarify terms and move beyond the difficulties of defining peace agreements by providing a classification of peace agreements, rooted in the concept of pre-negotiation agreement, substantive/framework agreements, and implementation agreements. The chapter also describes the types of issues dealt with at different stages of a peace process, and assesses the extent to which the different documents produced at different stages of a peace process are framed as legal documents. Finally, the chapter addresses mediation patterns and sets out the range of actors who constitute third parties in contemporary peace agreements.
The Peace Agreement in Historical Context
Authors: Bell Christine
Published: January 2009

This chapter provides a brief, emblematic history of peace agreements from the Treaty of Kadesh in around 1280 BC until the contemporary peace agreement. The history is used to argue that peace agreements involving a mix of state and nonstate actors have been a persistent feature of conflict resolution efforts, with a remarkable continuity. However, whether they were assumed to operate in the domestic or the international sphere has changed over time. The historical analysis demonstrates that peace agreements have therefore had a role in reshaping what is understood to be the international sphere, by defining what constitutes ‘the national’.
Unconscious, Conscious, Bodily
Authors: Farkas Katalin
Published: January 2009

One objection to the thesis of Chapter 1 is that I have privileged to the states of my body, not only to my mind. But this is contingent: someone else could be appropriately ‘wired’ to my body and learn about its states, but they would not thereby learn about my feeling concerning these states. The thesis of Chapter 1 is also compatible with the view that standing — or dispositional — mental states are themselves non-conscious; the states can be still accessible to conscious reflection. Another objection is based on the phenomenon of self-deception, and on Freudian unconscious states which are not available to reflection. The objection is answered by arguing that the notion of unconscious mentality is parasitic on the notion of conscious mentality.
The Internal and the External
Authors: Farkas Katalin
Published: January 2009

This chapter introduces the Twin Earth argument for externalism about content. A precise definition of the external/internal distinction is sought by focusing on the relation between the twin subjects in the Twin Earth argument and in the brains-in-a-vat scenario. It is argued that physical, behavioural, or functional equivalence between the twin subjects does not capture properly the essence of the externalist thesis. Instead, we should say that two subjects are internally the same if their situation is subjectively indistinguishable, or if everything seems the same to them. The subjective indistinguishability relation can be understood in metaphysical terms, as sameness of phenomenal properties or sameness of narrow content. The alternative is to understand the relation in epistemic terms; this option is attractive for those who are externalist about phenomenology or reject any notion of narrow content.
Protecting Reputation: The Principal Test for What is Defamatory
Authors: McNamara Lawrence
Published: January 2009

This chapter evaluates the manner and extent to which reputation is protected under modern common law. Section I looks at the place moral judgment has occupied in the principal test for what is defamatory. By examining the actionability of particular imputations and general statements of legal principle, it is possible to see how the legal standard of judgment gradually acquired a particular content, that being the traditional values of Christian morality. Section II addresses the quantitative dimension of diversity and it is suggested that the American ‘sectional standards’ test is to be preferred to the Anglo-Australian law that looks to the ‘general standards’ of the community. Section III moves to the substance of the views held in a jurisdiction. It looks at how qualitative distinctions have been drawn between different moral taxonomies to limit the legal protection of reputation in particular ways. Here, it is suggested that determinations of defamatory capacity depend upon processes of ‘ethical recognition’ of criteria for moral judgment.
1 Introduction
Authors: Charles Parkinson
Published: January 2009

This introductory chapter defines the scope of this book by setting out the British overseas territories and the timing of their decolonization and the meaning of the term ‘bill of rights’. It also identifies the two major existing theories on the reasons for the growth of bills of rights in the British overseas territories during the 1950s and 1960s: first, that bills of rights were incorporated into colonial constitutions as a result of local demand for minority protection at independence; second, that bills of rights appeared throughout the British territories as a result of Britain's extension of the European Convention on Human Rights over her overseas territories. The chapter also explains the methodological approach of the book, namely to model the complex interrelationship between the key decision makers in each of the overseas territories examined.
2 The protection of rights in Britain and the protection of rights in its territories during colonial rule and at independence
Authors: Charles Parkinson
Published: January 2009

This chapter sets out the intellectual history of the protection of rights in English constitutional thought from 1689 to present, and how this approach to protecting rights was translated to the British overseas territories. It then assesses how the mechanisms for the protection of rights in the overseas territories operated during times of emergency and considers human rights violations in the colonial territories. The impact upon the British attitude to human rights in its colonial territories as a result of Britain's international obligations under the League of Nations and the United Nations as well as the European Convention on Human Rights is considered. Finally, the use of constitutionally entrenched rights in former colonies granted independence prior to 1950 is described.
4 Malaya
Authors: Charles Parkinson
Published: January 2009

Malaya achieved independence on 31 August 1957 with a minimalist bill of rights. The main local pressure for the bill of rights came from the Malayan Indian Congress, which was supported in its demand by the majority Malay and Chinese political parties under the umbrella of the Alliance Party. The decision to include a bill of rights in the Malayan independence constitution was made by the Reid commission. The influences on the Malayan bill of rights were primarily Asian; the rights in the constitutions of India, Pakistan, Ceylon, and Burma all figured prominently. The Reid commission conceived the bill of rights as the central feature of a fundamentally non-communal constitution. However, as the majority Malays favoured special rights for Malays in a communal state, they opposed the commission's scheme to safeguard the minority Chinese and Indian communities.
6 Nigeria
Authors: Charles Parkinson
Published: January 2009

Nigeria gained a bill of rights in October 1959 and independence on 1 October 1960. It was a major turning point in the development of bills of rights in Britain's overseas territories. First, it was the territory over which the Colonial Office changed its policy towards bills of rights: the Colonial Office went from opposing any constitutional rights in 1953 to supporting positively the inclusion of bills of rights when locally requested. Second, the resulting Nigerian bill of rights became the basic model used for subsequent bills of rights in Britain's overseas territories. The debate about the Nigerian bill of rights revolved around the issues of religion, minorities, and the divide between north and south.
10 Conclusions
Authors: Charles Parkinson
Published: January 2009

This chapter summarizes the findings of this book as to the reasons for the emergence of bills of rights in Britain's overseas territories between 1950 and 1962. It draws together the findings in each of the previous chapters and addresses the following questions: What caused the British Government to change its policy from opposing to imposing bills of rights in colonial constitutions? Did the pressure for change come from within the Colonial Office, from the dependencies themselves, or from external sources? What were each group's motivations for seeking a bill of rights? Was the new policy the result of events in one dependency or a group of dependencies? And if it was the latter, how did events in each dependency contribute to the policy development?
What is This Book About?
Authors: McCrudden Christopher
Published: January 2009

This chapter begins with a brief discussion of how government attempts to participate in the market but at the same time regulates it, by using its purchasing power to advance conceptions of social justice, particularly equality and non-discrimination. The term ‘linkage’ is used to describe this procurement. The chapter then discusses examples of procurement linkages. An overview of subsequent chapters is presented.
Status Equality Law and Policy
Authors: McCrudden Christopher
Published: January 2009

This chapter discusses the development of status equality law and policy — domestically, internationally, and in the European context. There are two main functional models to which anti-discrimination laws conform: an individual justice model, and a group justice model. More recently, however, two additional approaches are apparent: an attempt to secure the implementation of equality norms extraterritorially, and the introduction of ‘mainstreaming’. The chapter considers these important dimensions of equal status law and policy before setting out the different ways in which equality-based procurement linkages aim to advance one or more of these functional models.
Procurement Linkages and Developing Countries
Authors: McCrudden Christopher
Published: January 2009

This chapter examines the use of procurement linkages aiming to further status equality in two developing countries — Malaysia and South Africa — and reactions to these policies at the international level. First, the development of procurement linkages in South Africa since the fall of apartheid and South Africa's decision not to join the GPA are discussed. Second, the approaches adopted by Malaysia, especially the defeat of a proposed multilateral agreement on transparency in government procurement, are considered. The use of domestic constitutional law to avoid tensions caused by the use of procurement linkages to bring about changes in other countries is examined in the context of the United States Supreme Court's decision relating to the constitutionality of the Massachusetts legislation concerning Myanmar.
Interpreting the Government Procurement Agreement
Authors: McCrudden Christopher
Published: January 2009

This chapter examines the relationship between procurement linkages and the interpretation of the existing GPA. If a state subject to GPA disciplines takes action on status equality using procurement linkages, World Trade Organization (WTO) adjudicatory institutions may be called on to determine whether these actions are in compliance with trade disciplines. The issue will be the appropriate amount of legal space that states will be given to pursue such goals.
Divergence and the Francovich Remedy in German and English Courts
Authors: Künnecke Martina
Published: January 2009

This chapter assesses the extent to which the common law system differs from a codified system in the application of the Francovich principle and the extent to which this results in divergence. A comparison of the English and German law of state liability suggests that it is easier to achieve an integration of the Francovich remedy in English courts than it is in German courts. In a more pragmatic case-by-case approach, English courts have successfully embedded the Francovich remedy into English law. The German position, on the other hand, is marked by a more reluctant attitude. Case examples have shown that the German Federal High Court (BGH, Bundesgerichtshof) does not favour a Europeanized version of the codified tort liability, possibly leaving this to the legislature.
Discretion and Public Policy: Timing the Unity and Divergence of Legal Orders
Authors: Lindahl Hans
Published: January 2009

This chapter views discretion not only as the scope of legal power, but also as power over the scope of the law. This sheds light on the process by which the EC and its Member States negotiate the unity and divergence of their respective legal orders in the context of the public policy exception. Section 2 considers the case law of the discretionary exercise of the public policy reserve to show that there is little hope of confirming the hypothesis of conceptual divergence. Drawing on Hans Kelsen's analysis of the indeterminacy of legal norms, Section 3 introduces the twofold sense of discretion. Section 4 situates discretion in a general theory of constituent and constituted power. Section 5 examines public policy in the light of this denser notion of discretion. Section 6 radicalizes the analysis of ‘playing for time’, suggesting that the negotiation of divergence does not merely take place in time but is also and perhaps primarily about the unity of time.
Laws at Cross-Purposes: Conceptual Confusion and Political Divergence
Authors: van Roermund Bert
Published: January 2009

The hypothesis of the research project reported in this volume is that basic concepts of EU law are conceptually divergent in spite of their lexical similarity, due to the fact that they are rooted in, and revert back into, domestic legal frameworks that have cogent ways of their own of rewriting facts in terms of legal consequences. This chapter argues that this hypothesis must be refined. Conceptual divergence is the epiphenomenon of two more basic forces: conceptual confusion and political divergence. There is a lack of conceptual clarity pervading community as well as domestic law in our times, both of which appear to be driven by and followed by divergent political pursuits from various legal agents, not all of them Member States.
On the Unity of European Labour Law
Authors: Christodoulidis Emilios , Dukes Ruth
Published: January 2009

This chapter examines European labour law. It focuses on the binding unity in European labour law and the divergence in terms of the competing interests of capital and labour. It addresses the following questions: In what sense precisely is the articulation of unity and divergence not problematic but instead productive for law? What are the ideological effects of this productivity? What strategic use can be made of the articulation — and at what level — of unity and divergence?
Beginnings
Authors: Smith Nicholas J. J.
Published: January 2009

The first part of the book provides a conceptual map of theories of vagueness. At the centre of the map is the classical view of vagueness, according to which the semantics of vague language is exactly the same as the semantics of precise language. This view applies the standard model theory for precise mathematical language to vague language. The key elements of this classical model theory then give the axes of the space of possible theories of vagueness. This chapter deals with preliminaries. Section 1.1 introduces some basic formal tools. Section 1.2 presents the classical semantic picture which will be located at the origin of the map.
The Space of Possible Theories of Vagueness
Authors: Smith Nicholas J. J.
Published: January 2009

This chapter presents the main existing theories of vagueness, as well as some possible theories which have not yet found advocates. Each theory is presented not necessarily as it was first presented in the literature, but rather as it looks from the point of view of the classical semantic picture. That is, the chapter examines whether, and if so how exactly, different theories of vagueness depart from that picture.
Public Employment Services and European Law
Authors: Freedland FBA Mark , Craig QC FBA Paul , Jacqueson Catherine , Kountouris Nicola
Published: January 2009

The present book examines the developing legal regimes and regulation of public services in the UK and other European countries. Public services are examined though a case-study of the complex area of public employment services. These are job-placement and vocational training services which aim to maximize employment and minimize unemployment within EU member States' Active Labour Market policies. Employment services are seen as being at the centre of a complex web of rules in both hard and soft forms of law deriving from the EU, national public law and from private, and at times contractual, agreements. The analysis also suggests that they also lie at the crossroads of a series of trends in regulation, and priorities have been inspired by an array of conflicting policy rationales. These policy rationales include the establishment of an open and competitive European internal market, the establishment of an efficient welfare state, the scaling down of state administrative machinery, the fulfillment of core public service responsibilities, and the creation of public private entities for the discharge of essential social services. The investigation also proved that public employment services provide a highly informative and novel case study of the interaction and conflict between the economic and social aims of the EU and between regulation at national and supranational levels, and the changing forms which this regulation has taken.
Introduction
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola
Published: January 2009

This introductory chapter starts by presenting what is arguably a new and developing methodology in the study of European Law in general and social law in particular. This methodology is informed by the principles of multidisciplinarity, and multilevel intradisciplinarity (where a rounded understanding of European law is achieved through the study of national law, EC law, other supranational laws, public law and private, social law, economic law at the same time). The chapter also discusses the book's three main hypotheses about the regulation of public employment services in Europe. That is that arguably the regulation of public services in general, and employment services in particular, has been witnessing a progressive shift (i) from public to more private law modes of regulation; (ii) from socially informed to more economically inspired regulatory regimes; and (iii) from essentially national to increasingly supranational levels of regulation.
Conceptions of Public Service in European Law
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola
Published: January 2009

This chapter provides the first comparative reconstruction and analysis of the different historical, political and legal traditions in the conceptualisation of public services (or ‘services of general interest’). Focus is on the two different, and perhaps opposite, national models of regulation embodied by the British and the French regulatory regimes. While inevitably European integration is acting as a catalyst for change in respect of both models, the starting point could be hardly more different. But EC law is increasingly engaging and challenging this regulatory base. Since 2004, the EC has been keen in preserving a concept of services of general economic interest (e.g., telecoms, network industries, etc.) and ‘universal service obligation’, and its sectoral liberalization approach have also guaranteed that some degree of national diversity still persists. Rather than talking about convergence and divergence dynamics, the conclusions point at a growing level of liberalization but with disparate national impacts.
Modes of Governance and Regulatory Techniques
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola
Published: January 2009

This chapter analyses the various instruments that shape and regulate public services in Europe, with a particular focus on those instruments affecting social public services and employment services. It is suggested that public services, and employment services in particular, are placed in the midst of an extremely complex regulatory web composed by both traditional, hard law, instruments and by more reflexive and soft forms of regulation, ranging from policy Guidelines elaborated within the OMC framework, to funding arrangements provided by the European Social Fund. Crucially, this regulatory web is both woven at a supranational level and at a national and, sometimes, sub-national level and is inspired by both social and economic concerns. A visible trend is the growing role played by private and contractual modes of regulation, most obviously in the relationship between public services, private contractors/providers, and individual users.
Vocational Education and Training of the Unemployed and Public Employment Services
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola
Published: January 2009

This chapter analyses the provision of vocational education and training to the unemployed by public employment services, and increasingly private employment services. It is argued that these supply-side measures gained popularity in the 1970s. The initial rationale sustaining its growth was that of upgrading human capital with a mix of transferable and job-specific skills. However, once more some recent changes are emerging in the shadow of ‘workfarism’, and in particular to (i) the growing link established between vocational education and training and unemployment benefits; (ii) the processes of decentralization and contracting out; and (iii) the worrying trend of skills offered merely to meet the immediate needs of employers (s.c. ‘Work First’ approach). These changes could progressively lead to a progressive marginalization of vocational education and training as such, and its replacement by ad hoc work contracts (which are not necessarily contracts of employment) with a training component.
Monism, Interpretivism, and Law's Aim
Authors: Letsas George
Published: January 2009

This chapter argues that the differences between Dworkinian interpretivism on one hand, and positivism and natural law on the other can be located not on the question of law's connection to moral justification, but rather on different types of moral justification in general. It focuses on what Liam Murphy has called monist and dualist theories of practical principle. It shows that what Gardner takes to be an inconsistency within Dworkin's interpretivism can be explained away under non-monist theories of practical principle. It identifies a non-monist interpretivist position that stands on its own as a separate view even if it cannot be attributed to Dworkin.
An Epistemic Account of the Internal Point of View
Authors: Hatzistavrou Antony
Published: January 2009

This chapter presents an epistemic account of the internal point of view. It argues that to have the internal point of view towards law is to be epistemically guided by law and especially by the rule of recognition. The chapter is divided in the four parts. The first part argues contra Shapiro that Hart accepts a variety of motives for one's conformity, which do not include the consideration that a legal rule applies. The second part argues contra Holton that the inconsistency in Hart's account of the internal point of view arises only on Holton's assumption that the internal point of view has motivational clout and that this assumption is ungrounded. The third part constructs an account of the internal point of view on which it provides only epistemic guidance. Finally, the fourth part explains how, on the proposed account, the internal point of view is distinguished from the external point of view.
Antigone and the Nature of Law
Authors: Staehler Tanja
Published: January 2009

This chapter argues that Antigone is a tragedy about law and its inherent conflicts. The nature of the human as it emerges from this tragedy has to include an understanding of the human as a creature entangled in law, or specifically, as both creator of and subject to laws. There is an essential tension at the core of law. On the one hand, it is the nature of law that it has to be conceived as something unchangeable, like the sacred laws which Antigone invokes to justify her actions. On the other hand, laws are either created by humans or at least receive their specific formulations from humans, and in that sense, they are open to criticism and modification. It is shown that approaching the law from the outset as open to changes and interpretations means not to treat it as a law.
Moral Reflections on the Responsibilities of Soldiers: The Clue to Devising a Legal Definition of Terrorism
Authors: Morris Robert
Published: January 2009

This chapter develops a morally acceptable means of legally distinguishing between terrorists and non-terrorists. The paper is divided into four parts. Building on the work of Schmid, the first part proposes a conceptual definition of terrorism which is both morally accurate and also politically acceptable to states. The second part lays out the moral problem that is often thought to be fatal to the kind of definition proposed. The third part attempts to solve the problem by examining the nature of the responsibilities of soldiers. The fourth part shows how the understanding of terrorism presented in the chapter can help improve legal definitions of terrorism. It argues that if we recognize in law the distinction between war crime terrorists and crime against peace (CAP) terrorists then a method of legally distinguishing between freedom-fighters and terrorists becomes apparent.
Apology and Reparation in a Multicultural State
Authors: Bennett Christopher
Published: January 2009

This chapter examines a problem for a particular version of the communicative theory of punishment — one that gives central place to the notions of apology and reparation. It argues that a condition on the viability of such a theory for a pluralistic or multicultural state is that citizens of such a state are able to reason together about questions of appropriate emotion: that such questions, in other words, can be resolved by the public reason of that state.
Contracts, Promises, and the Demands of Moral Agency
Authors: Voyiakis Emmanuel
Published: January 2009

This chapter discusses some aspects of how general moral theory, and our intuitions about the demands of moral agency and responsibility in particular, could help moral agents respond to this problem. The chapter is divided into three parts. Part I describes a couple of general parameters of the task of justifying contract law by appealing to conceptions of moral agency. Part II discusses Seana Shiffrin's recent account of that question. Part III concludes by drawing out some implications of the points in the preceding parts for contract theory. The chapter puts forward two claims. First is that we have good reason to be morally sceptical towards accounts of contract law that show the bulk of what we uncontroversially take to be its rules and doctrines to be unjustified. The second and broader claim is that for all its surface appeal, the quest to accommodate contract law within a general conception of moral agency and responsibility underdetermines a host of important disagreements about which aspects of our agency contract law speaks most pertinently to.
Introduction: Consequences of War
Authors: Edele Mark
Published: January 2009

Challenging basic assumptions in the scholarly literature, the history of Soviet veterans is set into the wider context of the history of Soviet society and the global history of veterans as well as the Soviet war cult. Veterans were important actors in nearly all postwar societies of the 20th century, usually organized as a movement or singled out by legislation. In the Soviet Union, despite the intense war cult, neither was the case for a long time. The political leadership refused to institute a lasting status and only reluctantly, from 1956 onwards, allowed severely circumscribed organization. Nevertheless and despite considerable disintegration of the group after demobilization was over, veterans continued to display a sense of special entitlement, which formed the basis of their continued social integration. Eventually, once their numbers had dwindled and only the youngest generation of war survivors remained by the 1970s, this sense of entitlement was recognized by the state and became a legal status.
The Epic of Return
Authors: Edele Mark
Published: January 2009

This chapter focuses on the experience of demobilization, in particular between 1945 and 1948. The mass return of soldiers to the Soviet Union was marred by considerable disorganization, violence, and chaos. The authorities in no way completely controlled this mass population movement, but rather kept the lid on a boiling pot. The chapter explores this epic of return, the way Soviet soldiers traveled back home, how they brought back their loot (or ‘trophy goods' in polite Soviet parlance), and what expectations were raised by the propaganda which accompanied their way back. The chapter concludes that the experience of demobilization was crucial in the development of a strong sense of entitlement among former soldiers.
‘A Great Profession’
Authors: Edele Mark
Published: January 2009

This chapter focuses on one of the ‘problem groups' among veterans: the disabled. They were in a paradoxical position. On the one hand, they were the only subgroup of veterans with a continued legal status in postwar society. However, welfare policies were constructed with the intention to put as many of the ‘Invalids of the Patriotic War’ to work as possible and welfare institutions were underdeveloped and severely dysfunctional. As a result, many disabled veterans became marginalized in postwar society. The continuing symbolic affirmation of their special status combined with this experience of neglect to produce severe resentment, which would fuel much of the beginning veterans' movement in the 1950s and 1960.
Marked for Life
Authors: Edele Mark
Published: January 2009

A second problem group consisted of former prisoners of war (POWs). Their handicap was political rather than physical. The Stalinist regime was extremely suspicious of anybody who had been under enemy control, in particular soldiers who had, as the official euphemism called it, ‘given themselves into captivity’. POWs were screened by the secret police in so‐called ‘filtration camps' (where they had to perform forced labour) before being released back into the army or home, if they had not been arrested and deported to Siberian exile or the Gulag during the process. Once outside of the barbed wire, these veterans remained on the watch‐lists of the security apparatus, and were frequently arrested again in the last years of Stalin's rule. Only in the 1950s did they receive a somewhat silent rehabilitation, while official recognition of their wartime and postwar suffering had to wait until the 1980s.
The Struggle for Organization
Authors: Edele Mark
Published: January 2009

The idea of establishing institutions which would represent the interests of former soldiers had been popular ever since the First World War. However, official policy was strongly opposed to such organizations, which were seen of dubious political loyalty and devoid of an ‘objective base’. Therefore, the humble beginnings of an organized movement during the war were soon undone by decree. Only in 1956, when the Soviet leadership attempted to join, for propaganda reasons, the World Veterans Federation, did an organization emerge. An official veterans' union was formed which was soon taken over by activists who continually misunderstood its reason for existence. From here on, the movement developed in a dynamic where local enthusiasm had to be curtailed constantly from above, as the political leadership was not ready to accept a mass movement of former soldiers. Only under Gorbachev did the regime finally give in to the wishes of the veterans.
Introduction: Reconstruction off track
Authors: del Castillo Graciana
Published: January 2009

Iraq and Afghanistan are hardly alone in having to face failure in their transition to peace. Since the end of the Cold War, countries at low levels of development — ranging from Haiti to Timor-Leste, to Liberia, Sierra Leone, Burundi, and others in Africa, and several in the Balkans — have emerged from civil conflict to establish a fragile peace. Others, such as Colombia, the Palestinian territories, and Sudan, it is hoped, will begin such a transition soon. The purpose of the book is to integrate theoretical and practical issues related to post-conflict economic reconstruction in a methodical, comprehensive, consistent, and rigorous way to facilitate effective reconstruction and national reconciliation and to ensure that conflict will not recur. The book is based on personal experience but in addition provides a comprehensive review of the literature.
3 Definitions and characteristics
Authors: del Castillo Graciana
Published: January 2009

The book uses the term ‘economic reconstruction’ in a broad sense to include not only rehabilitation of basic services and rebuilding of physical and human infrastructure, but also the stabilization and structural reform policies, as well as the microeconomic foundations required to create a market economy and reactivate investment and broad-based growth. This chapter argues that countries in reconstruction do indeed share a number of characteristics with countries in the process of normal development but such similarities should not lead to their conflation. The chapter discusses how policymaking in countries coming out of crisis — whether conflict, natural disasters, or financial chaos — differs from policymaking under normal development. Since countries coming out of war have a high risk of relapsing into conflict, the chapter also argues that it may be more effective to use scarce resources in the few countries undergoing reconstruction than in preventive diplomacy across the world.
7 UN‐led reconstruction following UN‐led negotiations: El Salvador2
Authors: del Castillo Graciana
Published: January 2009

In El Salvador, the UN mediated a peace agreement and ONUSAL played a major supporting role in its implementation. An elected government made all executive decisions and set priorities for economic reconstruction, in consultation with the FMLN. Many consider El Salvador's war-to-peace transition the most successful in the post-Cold War period, owing to its emphasis on DDR programs and to a clear exit strategy for ONUSAL as the country moved into normal development. This chapter illustrates how a business-as-usual approach by the UN and the IMF led to confrontations as the separate economic and peace processes moved forward and how the FMLN stopped demobilization, blaming the government for delays in the arms-for-land program. The chapter analyzes how public debate led to better coordination and greater fiscal flexibility in the IMF-supported program, avoiding the return to war. The chapter also looks at the UN performance in economic reconstruction and draws lessons.
11 Setting the stage
Authors: del Castillo Graciana
Published: January 2009

The objective of Chapters 11-15 is to facilitate preparation of a strategy for post-conflict economic reconstruction by including activities and policy guidelines that governments could adopt to maximize chances of success. Policymakers will be constantly opting among different policy options and need to be well informed about them. Lessons from the different case studies are presented in relation to different aspects of the strategy, and best practices are discerned, many of which are not so under normal development. This chapter discusses the basic assumptions and premises and the ‘11 c's’ that are critical for effective reconstruction; the political and security constraints; the need for a realistic assessment of economic and social conditions; the need to build support and consensus for reconstruction, build local capacity, and minimize distortions. It also discusses issues relating to sovereign decisions and ‘ownership’, national logistics and planning; the pace and sequence of reform; and property rights.
12 Basic institutional framework
Authors: del Castillo Graciana
Published: January 2009

The book provides plenty of evidence that many of the problems in implementing effective post-conflict economic reconstruction have to do with poor institutional arrangements and weak institutions. Policymakers cannot be effective without an appropriate institutional framework to support their policies and programs. Designing and staffing the appropriate institutions is particularly difficult in the post-conflict context where governments have to carry out ‘extra activities’, in the presence of a larger and more diverse group of actors. This chapter discusses the basic institutions and the coordination mechanisms that are essential for effective reconstruction. Some countries will need to build institutions from scratch but most will need to modernize and adapt existing ones. Many countries coming out of statist policies and over-regulated systems may want to move towards ‘market-based policymaking’ and will need institutions to support this change. Heavy doses of training and capacity building will be necessary to provide the institutions with capable professionals.
Microeconomic policymaking
Authors: del Castillo Graciana
Published: January 2009

In designing the strategy for post-conflict economic reconstruction, policymakers will need to keep in mind that good macroeconomic management is necessary but not sufficient for the reactivation of investment, trade, and employment. Adequate microeconomic policies to improve the business climate and to minimize distortions so that markets and industries can perform better are also necessary. A virtuous circle of sustainable growth and social inclusion can only be created through increased investment, higher productivity, and international competitiveness; and employment policies that do not neglect the most vulnerable. To ignore the political, social, and security constraints under which post-conflict countries operate by adopting drastic or untimely policies, may jeopardize the transition to peace. Arguing that lack of employment has been the most serious deterrent to effective reconstruction, this chapter distinguishes among four types of investment and proposes a five-pronged employment promotion strategy that post-conflict countries could adopt with the support of donors.
Concluding remarks: Putting reconstruction on track
Authors: del Castillo Graciana
Published: January 2009

The book concludes that because post-conflict economic reconstruction takes place amid the political, security, and social transitions it is fundamentally different from “development as usual”; that without the creation of dynamism and social inclusion in the economy peace will be elusive; and that the high chance countries have of reverting to war makes reconstruction a significant risk-high reward investment for the international community and the respective countries. Case studies presented in this book and elsewhere provide ample evidence that economic reconstruction is a critical but neglected aspect of transition to peace. A development as usual approach; the failure to develop a realistic comprehensive strategy for reconstruction; the lack of effective aid and technical assistance mechanisms; and the inexistence of appropriate and specific institutional arrangements to deal with reconstruction at the international and national levels have failed to help countries to stand on their own feet in peacetime.
Credit on the doorstep: the tallymen
Authors: O'Connell Sean
Published: January 2009

This chapter outlines the transformation of tallymen from Victorian itinerant pedlars to late 20th-century moneylenders, the controversies that dogged them, and the scale and scope of the sector. At the heart of critiques was the belief that tallymen used high pressure sales to dupe working-class wives into costly credit deals behind their husbands' backs. Attempts by tallymen to re-brand themselves as credit drapers, and then credit traders, are explained. Their business methods are outlined, stressing the importance of their relationship with customers. They engendered much loyalty. Customers appreciated weekly collections and the discipline this imposed on tight budgets did not focus on the system's high costs. There was a great deal of intergenerational use of tallymen by customers and the sector initially did better than expected in the affluent society. However, it began losing the ‘cream’ of its customers in the 1960s to less costly forms of credit.
The rise of the Provident system: check trading
Authors: O'Connell Sean
Published: January 2009

This chapter utilizes Provident Financial's archives to chart the history, scale, and scope of check trading. By the 1930s, Provident alone had one million customers. Checks (which were used in shops that accepted them) were sold to customers by agents, who then collected weekly payments. The system was criticized as costly, and for the allegedly poor quality goods that retailers sold to customers. However, it proved popular, not least because a Provident check could be used in numerous shops. The government were less happy with check trading and subjected it to controls during World War Two. Check traders marketed higher value vouchers during the 1960s, which were used to evade government restrictions on hire purchase. This boosted check traders and they planned more upmarket financial products. However, retailers abandoned the system from the 1970s, preferring store and credit cards, leaving check traders to turn to moneylending and the financially excluded.
Formal and informal co‐operative credit
Authors: O'Connell Sean
Published: January 2009

This chapter first examines co-operative retailers. Co-operative ideologues viewed credit as unthrifty, putting a brake on its provision. However, mutuality clubs (which resembled check trading) operated between 1923 and 1968 and equalled the Provident's turnover in the 1950s. But many consumers preferred the Provident check's portability. Less successful were the co-operative movement's post-war experiments with mail order. Though championed by critics of Provident, the co-operative movement's credit policies were socially exclusive. Members had to have funds in their co-operative society before accessing instalment facilities. A cocktail of altruistic and instrumental motives led to unauthorized lending of co-operative books between neighbours. Working-class agency was also evident in credit rotation societies (ROSCAs). Their gendered use in ‘traditional’ working-class communities is narrated, as it that in Afro-Caribbean and Asian immigrants (where they were frequently a response to financial exclusion). Social connectedness within ROSCAs proved powerful, but they too were socially exclusive.
Hume's Morality
Authors: Cohon Rachel
Published: January 2009

This book interprets the moral philosophy of David Hume, focusing on two areas: his metaethics and the artificial virtues. The book first reinterprets Hume's claim that moral distinctions are not derived from reason and explains why he makes it. It finds that Hume did not actually hold three ‘Humean’ claims: firstly that beliefs alone cannot move us to act, secondly that evaluative propositions cannot be validly inferred from purely factual propositions, or thirdly that moral judgments lack truth value. According to Hume, human beings discern moral virtues and vices by means of feeling or emotion in a way rather like sensing; but this also gives the moral judge a truth-apt idea of a virtue or vice as a felt property. The book then turns to looking at the artificial virtues. Hume says that although many virtues are refinements of natural human tendencies, others (such as honesty) are constructed by social convention to make cooperation possible; and some of these generate paradoxes. The book argues that Hume sees these traits as prosthetic virtues that compensate for deficiencies in human nature. However, their true status clashes with our common-sense conception of a virtue, and so has been concealed, giving rise to the paradoxes.
Our Common Reading of Hume's Metaethics
Authors: Cohon Rachel
Published: January 2009

This chapter sketches a shared understanding of Hume's metaethics that most philosophers today have absorbed in their training on that subject, parts of which have been elaborated and defended by a number of scholarly interpreters. This is called the common reading of Hume's metaethics, because it is our default understanding, one that has shaped the way in which most readers of Hume who have a philosophical education read his text. It is argued that if we accept the common reading, we must concede that there are a great many puzzles and also errors and contradictions in Hume's ethical writings. The problems for the common reading may not be insurmountable, but they certainly provide good reasons to develop a different interpretation that can make better sense of the moral psychology of the Treatise.
The Difficulty with the Virtue of Honesty
Authors: Cohon Rachel
Published: January 2009

This chapter considers the problem of circularity that Hume claims to find when he attempts to analyze the character trait of honesty with respect to property. It offers an explanation of the paradox Hume identifies and of his solution that sheds light on his entire theory of the artificial virtues, showing it to be rather radical at its foundations, though not in its consequences. One of the questions to answer is in what sense honesty is artificial and in what sense it is a virtue. It is argued that it is artificial in the sense that the attitudes and behavior that embody it are socially invented and this manufacture is then concealed, so that once the trait is widely internalized, it provides a prosthesis that lets human beings overcome their natural deficiencies. It is a virtue in Hume's own sense, but not according to the natural conception of virtue.