羟氨苄青霉素引起大疱性类天疱疮样疹

1.. HARD CASES 5. Legal Rights A. Legislation . . . We might therefore do well to consider how a philosophical judge might develop, in appropriate cases, theories of what legislative purpose and legal principles require. We shall find that he would construct these theories in the same manner as a philosophical referee would construct the character of a game. I have invented, for this purpose, a lawyer of superhuman skill, learning, patience and acumen, whom I shall call Hercules. I suppose that Hercules is a judge in some representative American jurisdiction. I assume that he accepts the main uncontroversial constitutive and regulative rules of the law in his jurisdiction. He accepts, that is, that statutes have the general power to create and extinguish legal rights, and that judges have the general duty to follow earlier decisions of their court or higher courts whose rationale, as l

Taking Rights Seriously

Scholars of culture, humanities and social sciences have increasingly come to an appreciation of the importance of the legal domain in social life, while critically engaged socio-legal scholars around the world have taken up the task of understanding "Law's Empire" in all of its cultural, political, and economic dimensions. The questions arising from these intersections, and addressing imperialisms past and present forms the subject matter of a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen, and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, W. Wesley Pue, Fatou Camara, and Dianne Kirkby. This paper introduces the volume, forthcoming in late 2007. The central problematique of this issue has previously been explored through the 2005 Law's Empire conference, an informal but vibrant postcolonial legal studies network.

Law's Empire

The morality of freedom

Professor Titmuss, an eminent English social theorist, believes that man is inherently altruistic and that the duty of government is to create that social and economic climate which best channels man's drive to work together for the common good. In support of this belief, he has written a book about the procurement, distribution, and transfusion of human blood, a medical topic which he employs as an illustrative social and economic microcosm. The conclusion he reaches is foregone: "The voluntary socialized system in Britain is economically, professionally, administratively and qualitatively more efficient than the mixed, commercialized, and individualistic American system" (Titmuss, R.M: "Why Give to Strangers?" Lancet 1 :123-125, 1971). As the book was written with a bias, so will it be read with bias. My own bias is that of an American and a blood-banker. I am only too conscious of many deficiencies in the American complex of arrangements—it isn't

The Gift Relationship: From Human Blood to Social Policy

How does our understanding of private security alter if we treat security consumption as consumption? In this article, we set out the parameters of a project which strives – theoretically and empirically – to do just this. We begin with a reminder that private security necessarily entails acts of buying and selling, and by indicating how the sociology of consumption may illuminate this central – but overlooked – fact about the phenomenon. We then develop a framework for investigating security consumption. This focuses attention on individual acts of shopping; practices of organizational security that individuals indirectly consume; and social and political arrangements that may prompt the consumption of, or themselves be consumed by, security. This way of seeing, we contend, calls for greater comparative inquiry into the conditions under which markets for security commodities flourish or founder, and close analysis of the social meanings and trajectories of different security goods. By way of illustration we focus on four such categories of good – those we term commonplace, failed, novel and securitized. The overarching claim of the article is that the study of private security currently stands in need of greater conceptual and empirical scrutiny of what is going on when ‘security’ is consumed.

Consuming Security? Tools for a Sociology of Security Consumption

How does our understanding of private security alter if we treat security consumption as consumption? In this article, we set out the parameters of a project which strives—theoretically and empiric...

Consuming security? Tools for a sociology of security consumption

The private security industry is often represented - and typically represents itself - as an expanding business, confident of its place in the world and sure of its ability to meet a rising demand for security. But closer inspection of the ways in which industry players talk about its past, present and future suggests that this self-promotion is accompanied by unease about the industry's condition and legitimacy. In this paper, we analyse the self-understandings of those who sell security - as revealed in interviews conducted with key industry players and in a range of trade materials - in order to highlight and dissect the constitutive elements of this ambivalence. This analysis begins by describing the reputational problems that are currently thought to beset the industry and the underlying fears about its status and worth that these difficulties disclose. We then examine how security players seek to legitimate the industry using various narratives of professionalization. Four such narratives are identified - regulation, education, association and borrowing - each of which seeks to justify private security and enhance the industry's social worth. What is striking about these legitimation claims is that they tend not to justify the selling of security in market terms. In conclusion we ask why this is the case and argue that market justifications are ‘closed-off’ by a moral ambivalence that attaches to an industry trading in products which cannot guarantee to deliver the condition that its consumers crave.

A Tainted Trade? Moral Ambivalence and Legitimation Work in the Private Security Industry

1 Introduction: Security and Human Rights: The Search for a Language of Reconciliation Liora Lazarus and Benjamin J Goold I Engaging Security 2 The Cultural Lives of Security and Rights Ian Loader 3 Privacy, Identity and SecurityBenjamin J Goold 4 Muslim Profiles Post-9/11: Is Racial Profiling an Effective Counter-terrorist Measure and Does It Violate the Right to be Free from Discrimination? Bernard E Harcourt 5 The Worst-case Scenario and the Man on the Clapham Omnibus Didier Bigo and Elspeth Guild II Engaging Rights 6 Deference, Security and Human Rights David Dyzenhaus and Murray Hunt 7 The Legal Authority of the United Nations Security Council CH Powell 8 Between Idealism and Pragmatism: Legal and Political Constraints on State Power in Times of Crisis Victor V Ramraj 9 Security, Terrorism and the Value of Human Rights Andrew Ashworth 10 Sources and Trends in Post-9/11 Anti-terrorism Laws Kent Roach 11 Seeking Security by Eroding Rights: The Side-stepping of Due Process Lucia Zedner 12 The State's Duty of Self-defence: Justifying the Expansion of Criminal Law Shlomit Wallerstein III Security as a Right: The Resolution? 13 The Positive Right to Security Sandra Fredman 14 Mapping the Right to Security Liora Lazarus 15 Human Security and the Law of States S Neil MacFarlane 16 The Responsibility to Protect: Securing the Individual in International Society Jennifer M Welsh

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Security and Human Rights

The private security industry is often represented - and typically represents itself - as an expanding business, confident of its place in the world and sure of its ability to meet a rising demand for security. But closer inspection of the ways in which industry players talk about its past, present and future suggests that this self-promotion is accompanied by unease about the industry's condition and legitimacy. In this paper, we analyse the self-understandings of those who sell security - as revealed in interviews conducted with key industry players and in a range of trade materials - in order to highlight and dissect the constitutive elements of this ambivalence. This analysis begins by describing the reputational problems that are currently thought to beset the industry and the underlying fears about its status and worth that these difficulties disclose. We then examine how security players seek to legitimate the industry using various narratives of professionalization. Four such narratives are identified - regulation, education, association and borrowing - each of which seeks to justify private security and enhance the industry's social worth. What is striking about these legitimation claims is that they tend not to justify the selling of security in market terms. In conclusion we ask why this is the case and argue that market justifications are 'closed-off' by a moral ambivalence that attaches to an industry trading in products which cannot guarantee to deliver the condition that its consumers crave.

Benjamin J. Goold

Papers

Consuming Security? Tools for a Sociology of Security Consumption

Consuming security? Tools for a sociology of security consumption

A Tainted Trade? Moral Ambivalence and Legitimation Work in the Private Security Industry

Security and Human Rights

A tainted trade? Moral ambivalence and legitimation work in the private security industry.