bluuebunny/crossref_metadata_2025 huggingface dataset:
Family Provision in New Zealand and Australia
Authors: Peart Nicola , Vines Prue
Published: November 2020

New Zealand and Australia are named in that order in the title because New Zealand was the first to develop the discretionary family provision jurisdiction, in 1900, that now applies in New Zealand, Australia, and much of the common law world. This allows courts to make awards to family members from the estate of the deceased. Originally benefitting only the surviving spouse and children, family provision has extended the rules of eligibility in line with changes in the meaning of ‘family’. So as well as spouses, claims can also, in many of the Australasian jurisdictions, be made by civil partners, cohabitants, and same-sex partners. Most jurisdictions have also broadened the class of eligible children to include grandchildren and stepchildren who were being maintained by the deceased as well as children born of new reproductive techniques. Both New Zealand and Australia have significant indigenous populations and their eligibility to claim family provision is modified to accord with their customary law. Over time, the courts have adopted a much broader view of a deceased’s ‘moral duty’ to his or her family, particularly in regard to claims by adult children. The size of awards has increased correspondingly. The chapter discusses this development, as well as the increasing relevance of Indigenous customary law and how the courts deal with disentitling conduct. In view of the greatly expanded scope of family provision in New Zealand and Australia, testamentary freedom may be only an illusion in these jurisdictions.
Family Provision in South Africa
Authors: de Waal Marius J
Published: November 2020

At the time of the reception of Roman-Dutch law at the Cape in the seventeenth century, both children and the surviving spouse enjoyed sufficient protection at the death of the breadwinner (normally the father and husband): children by way of the civilian legitimate portion and the spouse by way of the matrimonial property regime of community of property prevalent in Roman-Dutch law of the time. However, after the English occupation of the Cape in the early nineteenth century this protection was slowly eroded. This happened, first, by the acceptance of the principle of freedom of testation under English influence and, secondly, by the growing popularity of ante-nuptial contracts excluding community of property. This chapter explains how family protection was gradually restored in South Africa. In the case of children, this happened by the courts awarding a maintenance claim against the deceased parent’s estate; and in the case of the surviving spouse it was by means of a statutory maintenance claim against the estate of the other spouse. South African law therefore chose the common law approach of discretionary maintenance over the civilian approach of fixed shares. The chapter sets out the respective histories of these two claims as well as their operation in modern South African law. It discusses other possible protection measures and potential avoidance mechanisms. Finally, the chapter contains a brief discussion of the position of South Africans living under African customary law and the importance of the customary law principle of ‘ubuntu’ in this context.
Mandatory Family Protection in the Civilian Tradition
Authors: Zimmermann Reinhard
Published: November 2020

The chapter traces the development of mandatory family protection from Roman law through the ius commune to the modern civilian codifications. The Justinianic reform of 542 ad having failed to streamline and simplify the rules of classical Roman law, it was left to the draftsmen of the codifications from the end of the eighteenth century onwards to tackle that task. Particularly influential were the French Code civil of 1804 and the Austrian Civil Code of 1811. Germany adopted the Austrian model of a ‘compulsory portion’ (ie a personal claim for the value of a part of the estate). Elsewhere the French model of ‘forced heirship’ (part of the testator’s property is reserved to his closest relatives) was extremely influential, although in modern times some of the Romanistic countries have changed from forced heirship to compulsory portion. The chapter also considers the post-socialist countries of Central and Eastern Europe, the Nordic countries, and the codifications in the Americas. A number of lines of development can be traced in comparative perspective, among them a tendency to weaken the position of the deceased’s closest family members (by granting them merely a personal claim in money rather than the position of co-heirs, by reducing the quotas to which they are entitled, and by drawing the range of the deceased’s relatives entitled to mandatory protection more narrowly). The surviving spouse’s position, on the other hand, has been strengthened. Characteristic for a number of civilian legal systems is the endeavour in various ways to render to law of mandatory family protection more flexible. The implementation of the concept of a needs-based claim for maintenance is one of the devices attesting to the quest for increased flexibility.
Comparing as (Re-)Imagining
Authors: Oklopcic Zoran
Published: November 2020

The chapter reflects on the question of what a Third World ‘approach’ to comparative constitutional law might ‘look’ like. What this question effectively asks is, in other words, how should we exercise our imagination. For the most part, jurists don’t consider this question, and even when they do, they don’t take it literally. In attempting to answer it, however, this chapter will do just that, in part, by trying to answer a set of accompanying questions: what else, beyond ‘perspectives’ and ‘vantage points’ is there to the practice of envisioning? What could or should be envisioned differently? How does ‘looking like’ relate to the polemical, affective, disciplinary, and rhetorical dimensions of our imaginations?
Legal Innovation as a Global Public Good
Authors: Kroncke Jedidiah J
Published: November 2020

How to promote broader adoption of rigorous comparative legal analysis among legal and non-legal scholars has been a traditional challenge for comparative lawyers. At the same time, historical legacies have ingrained cross-cultural presumptions about the global flows of comparative legal knowledge that warps productive learning on both sides of most traditional national asymmetries. Yet the use of legal comparison, either explicit or implicit, has only increased in recent decades, with forms of comparative legal analysis often carried out in multiple disciplines in which comparative law and comparative lawyers are, at best, incidental. This chapter confronts this issue by advancing the ideal of the comparative lawyer as indigenizer whose primary function is to make productive use of foreign legal innovation conceptualized as a global public good. The chapter first posits a thought experiment regarding ‘regulatory patents’ to consider the natural advantages of this self-interested model of comparative lawyering, and then proceeds to think through how it would work to create a more productive dialogue between countries traditionally see as being part of the Global ‘North’ and ‘South’. It then considers the individual imperatives this perspective places on comparative lawyers in their interactions with other scholars but also in their pedagogical roles in law schools which serve as key sites for reproducing unhealthy patterns regarding the production and consumption of comparative legal knowledge.
Transformative Constitutionalism as a Model for Africa?
Authors: Klug Heinz
Published: November 2020

While the idea of transformative constitutionalism first arose in the context of South Africa’s democratic transition to address questions related to the future of private law and old order legal personnel and institutions in the new constitutional dispensation, it has gained a much broader meaning both in South Africa and around the globe in the new millennium. This contribution reflects on the multiple meanings, uses, and criticisms of transformative constitutionalism and its suitability as a model for African constitutionalism more generally. Given contemporary challenges to constitutionalism, it argues that ensuring the continued functioning of democracy is as significant a dimension of transformative constitutionalism as the enforcement of social rights. It ultimately suggests that we should conceive of transformative constitutionalism as providing a conceptual arena in which to develop a socio-legal understanding of how any specific constitutional order emerges and use it as a yardstick to judge and critique the role of constitutions in advancing the cause of social justice.
Linguistic Meaning Meets Linguistic Form
Authors: Duffley Patrick
Published: November 2020

This book steers a middle course between two opposing conceptions that currently dominate the field of semantics, the logical and cognitive approaches. It brings to light the inadequacies of both frameworks, and argues along with the Columbia School that linguistic semantics must be grounded on the linguistic sign itself and the meaning it conveys across the full range of its uses. The book offers 12 case studies demonstrating the explanatory power of a sign-based semantics, dealing with topics such as complementation with aspectual and causative verbs, control and raising, wh- words, full-verb inversion, and existential-there constructions. It calls for a radical revision of the semantics/pragmatics interface, proposing that the dividing-line be drawn between semiologically-signified notional content (i.e. what is linguistically encoded) and non-semiologically-signified notional content (i.e. what is not encoded but still communicated). This highlights a dimension of embodiment that concerns the basic design architecture of human language itself: the ineludable fact that the fundamental relation on which language is based is the association between a mind-engendered meaning and a bodily produced sign. It is argued that linguistic analysis often disregards this fact and treats meaning on the level of the sentence or the construction, rather than on that of the lower-level linguistic items where the linguistic sign is stored in a stable, permanent, and direct relation with its meaning outside of any particular context. Building linguistic analysis up from the ground level provides it with a more solid foundation and increases its explanatory power.
Growth Strategies to Avoid the Middle-Income Trap
Authors: Kharas Homi , Gill Indermit
Published: November 2020

Since the authors of this chapter coined the term in 2006, “the middle-income trap” has been the subject of scores of investigations. The evidence in support of its existence has been mixed, but their original proposition was that of the possibility of a trap, not its inevitability. In this chapter, they emphasize the absence of a functional theory of economic growth in middle-income economies. Solow–Swan models did well to explain growth in low-income countries, and Lucas–Romer models emphasizing endogenous technical change identified the main drivers of growth in advanced economies. Neither class of models has, however, satisfactorily explained successful transitions from one type of growth to the other. The authors suggest that Schumpeterian models proposed by Aghion, Howitt, and others that stress creative destruction and institutional change provide the analytical foundations for a better understanding of growth in middle-income economies. They present evidence that is consistent with the predictions of this approach, and discuss its policy implications.
Innovation and the Three Detours for Economic Growth beyond the Middle-Income Stage
Authors: Lee Keun
Published: November 2020

This chapter begins by acknowledging the differences in the economic growth mechanisms employed by advanced economies and latecomer economies at middle- or lower-income stages and by highlighting a very “narrow passage” between these countries. The chapter explains the nature of the narrow passage in terms of three detours. The first detour is promoting imitative innovations in the form of petit patents and trademarks instead of trying to promote a high level of IPR protection, including patent rights. The second detour is first promoting domestic value-added and reducing a country’s reliance on GVCs before an economy is fully coupled with GVCs. The third detour is specializing in short-cycle technology-based sectors instead of trying to directly enter long-cycle technology-based sectors/segments. While the consolidation of technological capabilities has long been suggested as a vital requirement for economic catch-up, this chapter shows that such consolidation must be carefully designed and implemented.
Is There an Institutional Trap in MICs?
Authors: Alonso José Antonio
Published: November 2020

As countries progress, they require more complex institutions; however, economic and institutional processes frequently do not evolve at the same pace, as institutions are subject to greater inertia. This problem is particularly relevant in middle-income countries (MICs), as these countries experience episodes of intense economic growth. Therefore, the absence of institutional change can be a cause of a middle-income trap (MIT). The chapter discusses the criteria that define institutional quality, and examines the various ways in which institutional change occurs. Empirical exploration reveals the existence of two anomalous behaviors in middle-income regions: excessive institutional fluidity in Latin America and, in contrast, an excessive institutional stickiness in MENA. Based on prior works, the author explores the macro determinants of institutional quality. His results suggest that per capita income, tax revenue, redistribution (rather than mere inequality), education, and international openness all appear to be strong determinants of institutional quality.
Centripetal Politics and Institution Building in Exiting the Middle-Income Trap
Authors: Doner Richard , Schneider Ross
Published: November 2020

The policies and institution building needed to overcome the middle-income trap are costly, lengthy, and difficult. At the same time, major social groups in many middle-income countries are fragmented—especially in terms of business and labor—impeding and complicating coalition building. This chapter looks first at these disarticulation politics and how they affect outcomes such as low taxation, and then turns to some exceptional cases of centripetal politics and coalition building in quality infrastructure (testing and research centers) in Asia and vocational and technical education in Turkey and Latin America.
Citizens’ Rising Expectations
Authors: Pezzini Mario
Published: November 2020

Middle-income countries (MICs) face a number of challenges in responding to the increasing demand for public goods, including an institutional development trap that prevents effective domestic resource mobilization. This chapter starts by outlining these challenges, also providing an overview of existing sources of domestic resources in MICs. It then goes on to explore avenues and mechanisms for MICs to increase domestic revenues. These include building resilience to tax evasion and avoidance, enhancing tax structures and better navigating the political economy of fiscal reform. To achieve more effective domestic resource mobilization in MICs, the chapter ends with two proposals: redefining national development strategies aimed at rebuilding people’s trust. This includes ensuring quality spending, and strengthening an international cooperation system that helps countries build their institutional capacities by fighting tax avoidance and evasion.
Employment and Labor Markets in MICs
Authors: Hoeven Rolph Van Der
Published: November 2020

Fostering (formal) employment has been one of the most effective ways to reduce poverty and (until recently) inequality. However various MICs are undergoing, for internal and external reasons, a process of premature de-industrialization. After discussing various interpretations of the informal sector and economy it analyses how economic growth and labor markets in MICs have been evolving in three distinct geographical regions. It points to the need for stronger adoption of managed national and international demand-led growth with the good labor market policies that characterized several of the fast-growing MICs. A productive transformation from commodity production to higher value-added activities is at the heart of the transition and a key factor is the development of domestic innovation capabilities moving up the value chain on a broad enough basis to generate sustained productivity growth that is equally distributed.
The Disruptive Role of MICs in the Development Cooperation System
Authors: Alonso José Antonio , Glennie Jonathan
Published: November 2020

The emergence of middle-income countries (MICs) has increased the complexity of the international system and opened the space to a more comprehensive and universal development agenda. Additionally, through their role as providers of South–South cooperation (SSC), MICs have broken the strict donor/recipient duality that has characterized development cooperation policy and have widened the options for poor countries to receive international support. The chapter discusses the new theoretical foundations on which the development cooperation system should be based, as well as the new boundaries in which this policy should be deployed. Based on these changes, the chapter sheds some light on the role that MICs can play in the new development cooperation system, considering their dual role, as recipients and providers, as well as the implications that this engagement has for the rules, standards, and governance of the cooperation system.
Global Value Chains, Preferential Trade, and the Middle-Income Trap
Authors: Baumann Renato
Published: November 2020

After a period of rapid growth, developing countries often experience a slowdown in growth and productivity, falling into what has come to be known as the “‘middle-income trap.” Production chains in East Asia, North America, and Western Europe have imposed a new model of production. Participating in global value chains became a policy issue. Market friendly trade policies—be it multilateral reductions of tariff and non-tariff barriers or preferential trade agreements with selected economies—are an essential part of this model. The relationship between value chains and regional integration has gained momentum, partly because participation in value chains is identified as a source of competitiveness, much needed for economies facing the middle-income trap. The relationship between preferential trade and participation in value chains as a means to deal with the middle-income trap is the subject of this chapter.
Middle-Income Countries and the International Monetary System
Authors: Ocampo José Antonio
Published: November 2020

This chapter looks at the problems that middle-income countries (MICs) face in the international monetary and financial system, some of which can contribute to the generation of a middle-income trap. It looks at their dependency status in the global reserve system, the need to self-protect against crises by accumulating large amounts of foreign exchange reserves, and how they would fare in eventual reforms of the system. It then analyzes the significant volatility of external financing that these countries face, which generates risks of macroeconomic and financial crises and constrains the adoption of counter-cyclical macroeconomic policies; capital account regulations are seen in this regard as a crucial crisis-prevention tool. Among the instruments put in place internationally to manage those risks, there have been partial advances in balance of payments financing, but significant underdevelopment of sovereign debt workout mechanisms. Finally, the chapter considers the inadequate representation of middle-income countries in the governance of the system.
The External Influence of the Court of Justice of the European Union
Authors: Scott Joanne
Published: November 2020

This chapter explores aspects of Court of Justice of the European Union (CJEU) case law that highlight the role that this Court has played in enhancing the global reach of EU law and the influence of its own judgments abroad. It addresses two main themes. The first theme is concerned with the CJEU’s contribution in shaping the institutional arrangements established by international agreements concluded by the EU with its neighbouring countries, particularly as regards the role carved out for the CJEU within them. The CJEU has succeeded in enhancing its own role and interpretative authority within the framework of these agreements. The chapter argues that the CJEU has emerged as an agent of its own authority by jealously guarding its interpretative supremacy, as well as the autonomy of EU law. The second theme is concerned with CJEU case law addressing ‘global reach’ EU law. This includes EU law which is extraterritorial, or which gives rise to territorial extension. It also covers EU legislation, which serves as a catalyst for the ‘Brussels Effect’. It is argued that the CJEU has enhanced the external influence of EU law by interpreting broadly and upholding the lawfulness of global reach EU law. Taken together, these two themes exemplify the ways in which EU law, including CJEU judgments, can have influence in third countries. This analysis contributes to our understanding of why some judgments issued by the CJEU have proved to be particularly influential in third countries, as exemplified by the various chapters included in this volume.
Introduction
Authors: Freer Alexander
Published: November 2020

The Introduction explores the intertwined histories of romantic criticism and psychoanalysis and considers how Wordsworth might be productively read with and against the legacy of Freud’s writing. It traces the ongoing role of psychoanalytic concepts in romantic criticism, focusing on the particular prominence of trauma. Yet trauma, and its associated methodologies, are precisely what foreclose the notion of unremembered pleasure. By situating Wordsworth’s thinking within a diverse romantic interest in unconsciousness across the nineteenth century, rather than within a genealogy of psychoanalysis, it reads Wordsworth against Freud as a distinct writer of unnoticed experience. By sketching the aesthetic and ethical significance of such experience, it demonstrates the limitations of understanding Wordsworth strictly as a poet of memory. Finally, it considers some questions of terminology and presents an initial account of Wordsworthian retrospection to be developed in subsequent chapters.
Material Inspirations
Authors: Siegel Jonah
Published: November 2020

This book is a study of the relationship between matter and idea that shaped the nineteenth-century culture of art, and that in turn determined the course of still-current accounts of art’s nature and value. Drawing on recent scholarship on the history of art and its institutions, Material Inspirations places cultural developments such as the emergence of new sites for exhibition and the astonishing proliferation of printed reproductions alongside a wide range of texts including novels, poems, travel guidebooks, compendia of antiquities, and especially the great line of critical writing that emerged in the period. The study aims to vivify a dynamic era, too often seen as static and unchanging, by emphasizing the transformations taking place throughout the period in precisely those areas that have appeared to promise little more than repetition or continuity: collection, exhibition, and reproduction. The book culminates with the two great critics of the period, John Ruskin and Walter Pater, but it also includes close analysis of other prose writers, as well as poets and novelists ranging from William Blake to Robert Browning, George Eliot to Henry James. Significant developments addressed include the vogue for the representation of Old Masters in the first half of the century, ongoing innovations in the creation and diffusion of reproductions, and the emergence of the field of art history itself. At the heart of each of these the book identifies a material pressure shaping concepts, texts, and works of art.
Introduction
Authors: Macmaster Neil
Published: November 2020

A key aspect of the colonial state was a geo-political dualism of space in which settlers occupied the rich agricultural plain and urban centres while Algerian peasants inhabited the communes mixtes, the forests and mountains of the interior. After the First World War the caids, the traditional élites that governed the peasants through indirect rule and patron-client relations, entered a crisis of legitimacy and were challenged by communist and nationalist movements. Marxists and historians have tended to perceive the peasants as lacking in political consciousness, incapable of organized resistance, but a new social history, by restoring agency to the lowest strata of the colonized, demonstrates that they assumed a key role in the long-term move towards insurrection. Contrary to the conventional interpretation of rural revolution as a movement initiated by a vanguard party of urban militants, the nationalists adapted to, and built upon, the traditional social and political structures of the peasant community, including the village assemblies. The colonial state largely failed in its attempts to cut the root cause of rebellion through economic modernization of the peasant economy. After 1956 the French launched Opération Pilote, a massive counterinsurgent experiment that deployed anthropology and psychological warfare, but signally failed to contain an insurrection that was embedded within the family, kin, and associational structures of rural society.
Separate Worlds?: European Domination of the Chelif Plain
Authors: Macmaster Neil
Published: November 2020

Between 1843 and the First World War European settlers occupied the richest, irrigated agricultural land of the Chelif plain from which the indigenous population was either driven back into the mountains or reduced to a proletarian, wage-labour status inhabiting the shanty towns. This chapter explores the remarkable dualism of colonial space, the contrast between the settler zone, and that of the surrounding mountains (Chapter 2). Europeans dominated the plain both economically and politically through the control of the municipal government of twenty townships, the communes de plein exercices (CPE) on which they held an automatic electoral majority. The colonial élite of wealthy landowners, rentiers, millers, bankers, lawyers, and industrialists protected the economic interests of the European community, while blocking state investment in development of the impoverished mountainous zones of the communes mixtes.
The Communist Party and Peasant Mobilization, c.1932–48
Authors: Macmaster Neil
Published: November 2020

The Algerian Communist Party (PCA) played a particularly important role in the anti-colonial movement in the Chelif region, a prominence that explains why it was chosen as the primary base for the ‘Red Maquis’ guerrilla force in 1956. Chapter 7 looks at the way in which the PCA, dominated by the French Communist Party, initially opposed nationalism and followed the orthodox Marxist doctrine that the peasantry could not constitute a revolutionary class, a vanguard role that could only be assumed by an industrial or urban proletariat. In the Chelif region the veteran communist and trade union leader Mohamed Marouf reflected this position and focused propaganda work on the farm labourers of the plain while neglecting the mountain peasants that were seen as a form of seasonal, blackleg labour. However, from 1932 onwards a minority movement began to emerge in the PCA that was favourable to a peasant-based strategy, and in 1944 this led to the creation of the Syndicat des petits cultivateurs (SPC). The peasant-based movement that developed in the Aurès, Tlemçen, and Chelif mountains during the late 1940s and prepared the ground for a later guerrilla movement.
The Nationalists Go Underground
Authors: Macmaster Neil
Published: November 2020

This chapter moves on from the communist-led movements in the Dahra, north of the Chelif valley, to examine how the nationalists of the PPA (Parti du people algérien) began to organize a clandestine, insurrectionary movement in the great massif of the Ouarsenis to the south. During 1947 and 1948 the Messalists created a clandestine paramilitary corps, the Organisation spéciale (OS), and steps were taken in August 1947 to plan a future maquis in the Chelif region. An important secret meeting of the Central Committee held in a farmhouse in Zeddine, near Duperré, backed detailed proposals for a peasant-based insurrection. Although the detection and mass arrest of the OS network in 1950 impeded the process, the ongoing radicalization of the Ouarsenis region is explored through the operations of the mines, like that at Bou Caid, where farm-based workers were organized by the CGT union, went on strike, and provided a nursery for future guerrilla leaders like Djilali Bounamaa. A case study of the town of Teniet el Haad, located in the high mountains, shows how PPA cells were spreading into the most isolated douars of the interior, preparing the ground for a future revolt.
From Earthquake to ‘Red Maquis’, September 1954 to June 1956
Authors: Macmaster Neil
Published: November 2020

The chapter examines how the Communist Party, following the decision of June 1955 to organize the paramilitary Combattants de la libération (CDL), established a short-lived guerrilla, the so-called ‘Red Maquis’, in the Chelif region. The clandestine structure had begun to take root as a consequence of the massive earthquake of September 1954, centred on Orleansville, that exposed the long-term failure of the colonial state to develop the rural economy. The communists rapidly created the Fédération des sinistrés that established a network of peasant cells that soon became the base of the Red Maquis. While the communists were successful in creating a guerrilla base centred on Medjadja, the main group inserted by Laban and Maillot in the Beni Boudouane was rapidly located and destroyed by the army, assisted by the bachaga Boualam. The catastrophic failure of the Red Maquis highlighted the failure of the Algiers-based central committee to prepare the ground for a guerrilla movement. However, several key participants escaped the military encirclement and were soon absorbed into the FLN on the dissolution of the CDL in July 1956.
The regroupements Camps and the Collapse of Pilote 1
Authors: Macmaster Neil
Published: November 2020

Army commanders in the Chelif, as elsewhere, frustrated by the problems of a hearts and mind approach and the difficulty of winning the support of dispersed populations, fell back on the standard ‘big division’ methods of sweep and search operations, destruction of farmhouses, mass internment, and forced displacement into military camps. By 1960 some 291 camps had been established in the Chelif region, holding a population of a quarter of a million, over 70 per cent of the peasantry. The army also declared zones interdites in which civilians were subject to artillery fire and bombing. Bourdieu and Sayad famously recounted the radical destruction of a traditional peasant order, but peasant communities still exerted, through the djemâa, a degree of collective unity and resistance. For example, through ritual submission to the French (aman) some douars in coming over ‘to the French side’, created protective zones for ALN fighters. Internal to the camps joint families and fractions were able to retain their forms of organization, a basis for self-regulation and resistance.
Introduction
Authors: Stelkens Ulrich , Andrijauskaitė Agnė
Published: November 2020

The Introduction outlines the notion, the main features, the sources and the scope of the pan-European principles of good administration developed within the framework of the Council of Europe (CoE). It elaborates on their relationship to EU administrative law in describing the characteristics of EU administrative law and contrasts it with the characteristics of ‘CoE administrative law’. Moreover, the Introduction discusses the commonalities of the research on the pan-European general principles of good administration with the research on European human rights law and the quest for a ‘European rule of law’. It furthermore examines the general concepts of ‘good governance’ and ‘good administration’, the differences between them and the relevance of these notions for the research on pan-European principles of good administration. It finishes with a presentation of the effectiveness of pan-European principles of good administration as a main research question and the approach thereto taken in this book.
The Impact of Pan-European General Principles of Good Administration on the Administrative Law of France
Authors: Chevalier Emilie
Published: November 2020

This chapter is dedicated to exploring the impact of the pan-European principles of good administration on French administrative law. The chapter discloses that, despite the involvement of France in the functioning and work of the Council of Europe (CoE), reception of the said principles remains selective in the country. This may be attributed to the fact that French administrative law is a relatively old and deeply rooted system, and numerous laws were already adopted when the CoE started paying attention to certain issues. However, a certain but very indirect influence can be discerned with regard to the codification of individuals’ rights in administrative procedure and the discussion of local self-government. Sometimes the influence of the CoE is perceived as too disruptive for national administrative law. The chapter concludes that it remains mostly for the administrative judge to facilitate the reception of the pan-European principles of good administration.
The Pan-European General Principles of Good Administration in Sweden
Authors: Reichel Jane
Published: November 2020

This chapter explores the impact of the pan-European general principles on Swedish administrative law. The chapter claims that the European Convention on Human Rights and the case law of the European Court of Human Rights have had a great impact on important sectors thereof, such as areas connected to the right of access to courts, procedural safeguarding of administrative sanctions, and state liability. At the same time other standards of good administration developed within the framework of the Council of Europe seem to slip under the radar in the Swedish legal system and are not usually relied on by Swedish administrative courts or the Swedish ombudsman. An explanation for this lack of reliance may lie in the fact that Swedish law already has long-standing traditions with well-defined concepts and procedures in this field.
The Right to Good Administration under Turkish Law
Authors: Akinci Müslüm
Published: November 2020

This chapter discusses the impact of the pan-European general principles of good administration on Turkish administrative law, whose evolution is deeply marked by the great constitutional changes Turkey has experienced since 1950. Those are due to three military coups (1960, 1971, 1980) as well as the democratization process since the 1990s stipulated as a prerequisite for EU membership. The Chapter shows that since the 1990s the reception of the pan-European general principles of good administration has mostly occurred through national legislation, the Turkish Constitutional Court and the Council of State but in a quite selective manner. The chapter finishes by describing the constitutional changes and the legislative and governmental measures in the aftermath of the coup of 2016 and their effects on the Turkish civil service, the court system and society. The upcoming era, thus, remains a “wait and see” period regarding the development of the said principles for Turkey.
The Impact of the Pan-European General Principles of Good Administration on Swiss Law
Authors: Braun Binder Nadja , Driza Maurer Ardita
Published: November 2020

This chapter is dedicated to exploring the impact on Swiss administrative law of the pan-European general principles of good administration developed within the framework of the Council of Europe (CoE). The chapter claims that the standards stemming from the European Convention on Human Rights and the case law of the European Court of Human Rights have been adopted in an exemplary way by Swiss authorities. The influence was especially strong in the 1980s and 1990s. The same cannot be said regarding other documents of the CoE, whose impact remains disparate because many aspects of the pan-European general principles of good administration were already part of the national written law. The chapter concludes that despite the exemplary integration of CoE instruments heated debates on the content of these instruments are not excluded from Switzerland.
Good Administration in the Administrative Law of the Republic of Latvia
Authors: Neimanis Jānis
Published: November 2020

This chapter explores the impact of the pan-European general principles of good administration on the Latvian legal system. The chapter concludes that there is a conceptual match between the administrative law of Latvia and the pan-European general principles of good administration. This, among other things, is reflected by the fact that recommendations of the Council of Europe (CoE) were used as models for complementing the Latvian code of administrative procedure. It furthermore claims that general acceptance of the principle of good administration in the Latvian legal order in particular considerably facilitates reception of the CoE’s work in the realm of administrative law. At the same time the chapter highlights that implementation of the principles of good administration in Latvia could be improved and used in a more precise manner.
The Asterisk; or, the Gnomic Page
Authors: Maguire Laurie
Published: November 2020

Like the blank and the etcetera, the asterisk is a typographical sign that draws attention to what it professes to conceal. But although the asterisk represents absence it also does the opposite: it is the thing it represents—a star. Part I of this chapter looks at this paradox in representation. It shows the asterisk as a stand-in for consciousness, for sexual terms, for strong emotion and for swearing, as well as for its look-alikes: stars and flowers. However, where early modern readers most often encountered the asterisk was in the margin and so Part II looks at early modern systems of navigating books, the material around the text (notes and indexes and stage directions), in all of which the asterisk has a role to play.
Peer learning and health-related interventions
Authors: Doyle Shane
Published: November 2020

This chapter examines the role of peer education in the transmission of health-related information in Kenya and Uganda. It focuses particularly on knowledge transmission around family planning and malnutrition, and concentrates on three ethnic groups, the Ganda, Kikuyu, and Luo. The chapter considers the uneven relationship between formal education and changes in health-related behaviours. By focusing on learning rather than teaching, the chapter places emphasis on the context, language, and practice. The chapter observes how behaviours have been adapted through the use of concepts and logics that connect to and resonate with individuals’ worldviews and felt needs, even if they do not immediately replicate these. It notes, however, that this process of vernacularization of biomedical concepts and practices is neither smooth nor organic. In the case studies analysed within the chapter, the translation of family planning and nutritional programmes varied in terms of both its success in aligning local and external goals and the level of engagement of medical organizations. Particular significance is placed on the role of peer associations as venues for the transmission of usable knowledge. The chapter notes that the effectiveness of peer learning through associations was shaped by the historical development of each society’s associational life from the late colonial into the postcolonial periods.
The tensions between comparability and locally meaningful data
Authors: Randall Sara
Published: November 2020

In the contemporary global context where the demand for data and the calculation of indicators mean that sources of such data themselves are a powerful basis for decision making on both local and global stages, the degree to which these data are comparable takes on great importance. This chapter unpicks a number of situations and types of data where such comparability can be challenged. These can be summarized as (i) the comparability of concepts and definitions—using the household and marriage as examples which are examined in detail; (ii) the comparability of comprehensibility and answerability of questions focusing on the Demographic and Health Survey (DHS) ‘ideal family size’ and also behavioural methods of contraception; (iii) the comparability of cultural willingness to answer questions, which considers those who will and will not talk about the dead; and (iv) gendered differences in the interpretation of survey questions. The examples call into question the whole notion of comparability and what apparently comparable data sets might actually be examining. It concludes that much social behaviour is not inherently comparable cross-culturally and cross-linguistically and calls for much more care and sensitivity in analysing large data sets such as censuses and DHS surveys, especially when the analytical conclusions can have major implications for policy development and resource allocation.
Incapacity and debility among Pakistani migrants and minorities in the United Kingdom
Authors: Qureshi Kaveri
Published: November 2020

In light of demography’s situation as the disciplinary handmaiden to the economization of human life, this chapter draws out a crucial and obvious extension of anthropological demographic approaches to health: incapacity, namely the inability to work associated with sickness or disability. The chapter develops a recent analysis of incapacity, which has highlighted the political creation, and even the expediency, of incapacity as a labour market and social security category particularly in the United Kingdom. To date, this analysis has centred primarily on regional, class, and educational inequalities as drivers of incapacity, which emerges as a local response to policies of deindustrialization and economic restructuring. However, the analysis of incapacity is becoming more nuanced, investigating intersectional inequalities associated with gender, age, racial/ethnic locations, and migration. This chapter applies conjunctural thinking to understanding these patterns in incapacity by examining the biographical contingency of chronic illness and disability among Pakistani migrants and minorities in the United Kingdom. The chapter highlights the morphology that structures the distribution of incapacity in society, and the resources people have to respond to this conjuncture. Countering the flat sociological picture of how people manage impairment in relation to work, the chapter argues that more attention needs to be given to the social relations of workplaces. The particular vulnerability of impaired British Pakistanis to labour market ejection reflects the occupational segregation of first-generation post-War Pakistani migrants in unskilled, declining industrial occupations, and the reproduction of labour market precarities in the so-called second generation.
The Shorter Route
Authors: Scott Dominic
Published: November 2020

If most people are unable to follow the longer and the middle routes, can they at least follow the shorter one? In this chapter I consider three possibilities. The first, which I discount, is that Socrates is straightforwardly optimistic: he can win anyone round simply by the use of rational argument. At the other extreme, he might have been thoroughly pessimistic: because of their character and upbringing, most people will be intransigent to the arguments used in the Republic in defence of justice. I argue for a midway position: it is possible to persuade them, but one would face many obstacles and require the use of rhetorical strategies to supplement purely rational argument. Although my preference is for this midway position, I acknowledge the force of the pessimistic interpretation, and leave it as a possibility pending further examination of the work’s theories of education and psychology in chapters 4–6.
The Young
Authors: Scott Dominic
Published: November 2020

I now turn to the groups Aristotle excludes from the audience of the NE. The first consists of the young, whom I take to include anyone under the age of 30. What is puzzling is that Aristotle excludes them at the beginning of the work as being unable to benefit from argument (I 3), but then at the end talks about the conditions under which they can benefit from it (X 3). I resolve the tension by distinguishing two kinds of argument: the clinical analysis of eudaimonia found in the NE itself, and a rhetorical kind of discourse that would appeal to the more emotional nature of the young. I develop this reading by discussing Aristotle’s moral psychology and the way it was influenced by Plato’s views on the spirited part of the soul.
Fear and Liberty
Authors: Barton Mary S.
Published: November 2020

On June 2, 1919, bombs exploded in eight cities in the United States, including at the doorstep of the home of Attorney General A. Mitchell Palmer in Washington, D.C. Mass arrests and deportations brought on by the Red Scare that followed convinced communist parties to go underground, while fears of the Communist International persisted. Two offices in the State Department oversaw the gathering and analysis of intelligence pertaining to Soviet Russia: the Office of the Under Secretary of State and the Division of Eastern European Affairs. The former drew on wartime connections with the British; the latter assessed intelligence gathered by diplomats at posts in Eastern Europe. In the mid-1920s, the State Department’s Office of the Under Secretary of State prepared a study of the global arms trade that comported with intelligence reports from British secret services: an illicit small arms trade flourished even among those countries subjected to international weapons inspectors.
Counterterrorism in British India
Authors: Barton Mary S.
Published: November 2020

On the night of April 18, 1930, some 100 armed revolutionaries calling themselves the “Indian Republican Army” mobilized in Chittagong, a seaport city in East Bengal near the Burmese border, just prior to launching multiple raids on British colonial sites. The Chittagong Armory Raid of 1930, modelled after the 1916 Irish Easter Rising, sparked a renewed period of terrorist activity in India, along with the increasing involvement of female revolutionaries as assassins. The British Government of India responded with a multipronged approach to counterterrorism that included the pursuit of another international treaty to control gun-running, stricter anti-terrorism legislation, and the ability to arrest and detain militants indefinitely. Whitehall disagreed with the anti-terrorism policies promoted by Delhi policymakers, especially the creation of a vast detention camp system to imprison alleged terrorists, as it embarrassed them internationally and legitimized Gandhi in the eyes of Indians and Britons.