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Showing papers in "Social & Legal Studies in 1996"


Journal ArticleDOI
Antony Anghie1
TL;DR: The Carnegie International Law Series of Classics of International Law as mentioned in this paper was initiated by Vitoria's two famous lectures, De Indis Noviter Inventis and De Jure Bellis Hispanorum in Barbaros.
Abstract: Sir, As I know you will be pleased at the great victory with which Our Lord has crowned my voyage, I write this to you, from which you will learn how in thirty-three days, I passed from the Canary Islands to the Indies with the fleet which the most illustrious king and queen, our sovereigns, gave to me. And there I found many islands filled with people innumerable, and of them all I have taken possession for their highnesses, by proclamation made and with royal standard unfurled and no opposition was offered to me. Introduction While Hugo Grotius is generally regarded as the principal forerunner of modern international law, historians of the discipline trace its primitive origins to the works of Francisco de Vitoria, a sixteenth-century Spanish theologian and jurist. Consequently, it is entirely appropriate that the Carnegie endowment commenced its renowned series of Classics of International Law with Vitoria's two famous lectures, De Indis Noviter Inventis and De Jure Bellis Hispanorum in Barbaros. Traditional approaches to Vitoria's work and his place within the discipline pointed, among other things, to Grotius' indebtedness to the teachings of Vitoria, to Vitoria's identification of certain fundamental theoretical issues confronting the discipline and to the enduring significance of Vitoria's thinking on the law of war and on the rights of dependent peoples. Vitoria's two lectures, as their titles suggest, are essentially concerned with relations between the Spanish and the Indians.

175 citations



Journal ArticleDOI
TL;DR: A cluster of dangerous offender laws B ~L which were recently introduced into a number of English-speaking societies are discussed in this article. But the authors do not discuss the legal aspects of these laws.
Abstract: HAT IS the significance of the cluster of dangerous offender laws B ~L which were recently introduced into a number of English-speaking societies? These include the Victorian State Sentencing (Amendment) Act 1993 and the Community Protection Act 1990; the Washington State Sexual Predator Law 1989; the Canadian federal legislation of 1993 the Corrections and Conditional Release Act; and the New Zealand Criminal Justice Amendment Act 1993. The laws themselves are united around the following common themes:’ those judged to be ’dangerous’ must be (i) repeat violent/sexual offenders and (ii) be thought likely to commit such crimes again in the future as, for example, in the justification for the Canadian legislation: ’in order for the

26 citations


Journal ArticleDOI
TL;DR: In the colonies the truth 1 stood naked, but the citizens of the mother country preferred it with clothes on: the native had to love them, something in the way mothers are loved as mentioned in this paper.
Abstract: ORE THAN 30 years ago, Jean-Paul Sartre wrote in his preface to Frantz Fanon’s The Wretched of the Earth, ’In the colonies the truth 1 stood naked, but the citizens of the mother country preferred it with clothes on: the native had to love them, something in the way mothers are loved’ (Sartre, 1961/1990: 7). The naked truth of colonialism was exposed in Fanon’s powerful evocation of ’a world cut in two’; a world divided between the colonizers and the wretched of the earth the colonized. And according

26 citations








Journal ArticleDOI
TL;DR: Christie and McAllister as mentioned in this paper explored the situation where a woman killed an innocent third party rather than an abusive man, and argued that it poses wider and more difficult questions than those posed by the situation of the battered woman who kills, both for feminist discourse concerning violent women and for feminist lawyers who seek to reform the law in a way which better accommodate female killers.
Abstract: I N THIS ARTICLE we seek to address the issue of women who kill and . how they are treated by the legalsystem, in a way which moves the debate forward from its current focus on battered women who kill an abuser. Thus, we confront the situation where a woman kills an innocent third party rather than an abusive man. We explore this issue through the lens of a single case, that of Susan Christie, contending that it poses wider and more difficult questions than those posed by the situation of the battered woman who kills, both for feminist discourse concerning violent women and for feminist lawyers who seek to reform the law in a way which better accommodates female killers. On 25 March 1991, Susan Christie, a Private in the Ulster Defence Regiment (UDR), met Penny McAllister in Drumkeeragh Forest, Northern Ireland, to walk their dogs. Penny McAllister was the wife of Captain Duncan McAllister of the Royal Signal Corps, who was on a two-year tour of duty in Northern Ireland. Duncan McAllister had been having a sexual relationship with Christie for the previous nine months. Susan Christie cut the throat of Penny McAllister and after inflicting superficial injuries on herself threw the knife away and fled. When confronted by the Royal Ulster

Journal ArticleDOI
TL;DR: The concept of the ideology of motherhood is crucial to much early feminist work on child custody law as discussed by the authors, and the complexity of finding a strategy capable of challenging the numerous difficulties arising for modern mothers, without reinforcing essentialist gender roles, is reviewed.
Abstract: The concept of the ideology of motherhood is crucial to much early feminist work on child custody law. This ideology of motherhood consisted of a set of “common-sense” expectations, described by the author. The ideology of motherhood assisted in understanding why a field where women (since the death of paternal custody) appeared to “succeed” -- statistically end up with custody of children more often then men -- could be problematic from a feminist perspective. The author reviews the ideology of motherhood in the context of child custody and access law and examines challenges to its utility in the analysis of women’s oppression. The author suggests ways in which the ideology of motherhood continues to resonate as a conceptual tool, despite documented shifts in its context and application in this legal field. Ways in which the shifting and enlarge concept of access produces disciplining effects on mothers are highlighted. The complexity of finding a strategy capable of challenging the numerous difficulties arising for modern mothers, without reinforcing essentialist gender roles, is reviewed

Journal ArticleDOI
TL;DR: In this paper, the authors take, as a basis, central ideas from the German jurist Franz Neumann's important but still insufficiently discussed work on the Rule of Law and try to pursue a tentative but specific inquiry in the spirit of Neumann.
Abstract: TH E RULE OF LAW is a concept with which so many writers have wrestled that it might be thought that little remains to be said. This article adopts a special focus to try to develop some manageable and relatively neglected themes in a vast, much discussed subject. It takes, as a basis, central ideas from the German jurist Franz Neumann's important but still insufficiently discussed work! on the Rule of Law and tries to pursue a tentative but specific inquiry in the spirit of Neumann.l Neumann's historical study of the Rule of Law (1986; and see 1957), written in the 1930s,was strongly coloured by the experience of the constitutional turmoil of the Weimar Republic through which he had lived and worked as a practising lawyer and law teacher (see also Kirchheimer and Neumann, 1987).His work was concerned, in part, with exploring the changing social and political contexts in which the Rule of Law ideal, variously interpreted in different nations but with a certain common core of meaning, was invoked. For Neumann, it was important to emphasize in legal theory the emergence of a distinctively modern form of society such as that of Germany of the 1920s but exemplified in important aspects by advanced western industrial nations in generalin which corporate organization of life had acquired important new forms. In this kind of society, which we might

Journal ArticleDOI
TL;DR: This article examined the emergence of industrial 'accidents' in early nineteenth-century Britain, in order to explore certain elements of the more general development of workers' compensation legislation, as well as to help further our understanding of the ways in which modern state power and embodied experience interact with each other.
Abstract: THE FOCUS of this article is a critical examination of the emergence of industrial 'accidents' in early nineteenth-century Britain, in order to explore certain elements of the more general development of workers' compensation legislation, as well as to help further our understanding of the ways in which modern state power and embodied experience interact with each other. Unfortunately, industrial 'accidents' have been rather taken for granted within most discussions of workers' compensation (Kessler, 1941; Horovitz, 1944; Somers and Somers, 1954; Bartrip and Burman, 1983; Ison, 1983; Bartrip, 1987; Dee et al., 1987) and even historians specifically concerned with the genesis of this legislation have spent little time examining accidents per se (Mallalieu, 1950; Hanes, 1968; Piva, 1975; Guest, 1981; Risk, 1983). Moreover, the few explicit contributions to a critical analysis of industrial accidents (Reasons et al., 1981;Sassand Crook, 1981) have mainly focused on the 'ideological' usage of the term accident prone worker rather than the more fundamental notion of 'accident' itself. The question of state power, on the other hand, has been scrutinized exhaustively in modern sociology. Within the critical sociology tradition it

Journal ArticleDOI
TL;DR: In this article, the authors explored the idea that from the early 1970s onwards, there has been an overrepresentation of men in admission to psychiatric hospital, where young men are seen more frequently as requiring some form of control and removal from society.
Abstract: there has been, in some age groups, an overrepresentation of men in the figures for admission to psychiatric hospital. This is an interesting phenomenon, giving rise to a number of speculative interpretations. It may be that with decreasing beds, greater use of inpatient treatment is linked with ideas about greater need the ’rationing’ of psychiatric beds in favour of men or greater threat, where young men are seen more frequently as requiring some form of control and removal from society. With this in mind, this article explores the idea that from the early 1970s onwards we

Journal ArticleDOI
Michael Thomson1
TL;DR: For instance, in this paper, the author wrote: "Articulacy of fingers, the language of the deaf and dumb, signing on the body body longing." The sign language is a secret code only visible in certain lights; the accumulation of a life time gather there.
Abstract: Articulacy of fingers, the language of the deaf and dumb, signing on the body body longing. Who taught you to write in blood on my back? Who taught you to use your hands as branding irons? You have scored your name into my shoulders, referenced me with your mark. The pads of your fingers have become printing blocks, you tap your message onto my skin, tap meaning into my body.... Written on the body is a secret code only visible in certain lights; the accumulation of a life time gather there. In places the palimpsest is so heavily worked that the letters feel like braille. I like to keep my body rolled up away from prying eyes. Never unfold too much, tell the whole story. I didn't know that Louise would have reading hands. She has translated me into her own book. (Winterson, 1993:89)





Journal ArticleDOI
TL;DR: In this paper, the authors present an implicit commemoration of the sociology of deviance, which according to Sumner (1994) died about 20 years ago, when the publication of a number of texts killed off the authors.
Abstract: HE ARMS TRADE holds some emblematic features, which are situated ~ on the border between legality and illegality.’ The study of this activity, therefore, is very relevant for those students of crime who, despite relentless efforts, find it difficult to define what crime is. It is also an implicit commemoration of the sociology of deviance, which according to Sumner (1994) died about 20 years ago, when the publication of a number of texts killed off the




Journal ArticleDOI
TL;DR: In this paper, the authors put forward a "Accountability model" of corporate regulation, which is intended to integrate and develop some of Braithwaite's important insights into the main, as it were technical, problem of Corporate regulation.
Abstract: This book seeks to put forward a novel 'Accountability Model' (AM) of corporate regulation (ch. 5) which is intended to integrate and develop some of the authors' (particularly Braithwaite's) important insights into the main, as it were technical,' problem of corporate regulation. Though, as I shall say, I was left, at the end of their book, a little unsure of just what the authors took this problem to be. I originally thought that it was that although it ultimately must be specific individuals who comply (or not) with regulations, present corporate regulation largely fails to pin responsibility for non-compliance on such individuals, and one surely is right to suspect that this must have a lot to do with regulatory failure. This problem arises for two reasons. First, implicit in incorporation is the possibility that the corporation itself will become the target of enforcement, and, of itself, this fictitious entity is but a proxy for the real locus of responsibility. Of course, enforcement directed against the corporation typically is meant to have consequences for individuals within the corporation, but the second reason the problem emerges is that this mechanism of transmission is hardly reliable as internal accountability is difficult to achieve (pp. 8-9). The consequences of this are, the authors rightly insist, very serious:

Journal ArticleDOI
TL;DR: In this paper, Jeffrey Weeks introduces 13 reflections upon the landscape of political and social theory, which attempt to make more clear the deconstructed playing-field of social and political theory: contingency, pluralism and solidarity.
Abstract: convergence on sociopolitical ideals. With this difficulty in mind, Jeffrey Weeks introduces 13 reflections upon the landscape of political and social theory. As he proposes, the impact of a ’world in radical transition’ has challenged us to acknowledge ’an efflorescence of frequently discordant claims from individual and collective subjects’ and in turn has set us oscillating ’between the seductive delights of absolute relativism ... and the search for universal standards’ (pp. 1-2). In recognition of this, the collection is divided into three sections which attempt to make more clear the deconstructed playing-field of social and political theory: contingency, pluralism and solidarity. Although this book grew out of a series of seminars at the University of the West of England, its coherency is

Journal ArticleDOI
TL;DR: The 1972 Constitution of Sri Lanka is here posited as reflecting the hierarchical ontology of the Sinhalese Buddhist cosmos as discussed by the authors, however, this cosmology is ambivalent in that good as represented by the Buddha 'encompasses' evil as represented in the demonic.
Abstract: The 1972 Constitution of Sri Lanka is here posited as reflecting the hierarchical ontology of the Sinhalese Buddhist cosmos. This cosmology is, however, ambivalent in that good as represented by the Buddha 'encompasses' evil as represented by the demonic. This dynamic of a failed exclusion is I shall argue evidenced in the 1972 Constitution in which the Sinhalese 'encompass' the Tamil minority in a hierarchical relation.

Journal ArticleDOI
TL;DR: The authors argued that exposure to violent pornography can be a sufficient (though not necessary) condition for men to desire rape; that it creates violent sexual fantasies; and that, through its depiction of women as objects and through its potential portrayal of rape as OK, it can undermine some men's internal prohibitions against acting out the desire to rape.
Abstract: ’cause’ (one that derives from David Hume, the Scottish philosopher) without divulging either its roots or the considerable body of critical literature that exists on that model of causation (p. 126). She then argues that exposure to violent pom can be a sufficient (though not necessary) condition for men to desire rape; that it creates violent sexual fantasies; and that, through its depiction of women as objects and through its potential portrayal of rape as OK, it can undermine some men’s ’internal prohibitions against acting out the desire to rape’ (p.135). The argument is certainly different from the earlier material which proclaimed a simple causal connection between exposure to porn and rape, yet it is

Journal ArticleDOI
TL;DR: In the introduction preceding the collection of 13 essays contained in Just Boys Doing Business? as discussed by the authors, the editors, Tim Newburn and Elizabeth Stanko, note that of all the current theorizations of masculinity/ies it is that by the Australian sociologist Bob Connell the ubiquitous concept of "hegemonic masculinity" which has been the most influential: "indeed this is illustrated by the number of references".
Abstract: In the introduction preceding the collection of 13 essays contained in Just Boys Doing Business? the editors, Tim Newburn and Elizabeth Stanko, note that of all the current theorizations of masculinity/ies it is that by the Australian sociologist Bob Connell the ubiquitous concept of ’hegemonic masculinity’ which has been the most influential: ’indeed this is illustrated by the number of references

Journal ArticleDOI
TL;DR: Foucault's strength, for instance, is not the gathering of detail or empirical 'proof' but using surprise, the curious, and provocative interpretations, to make the reader think again this paper.
Abstract: to analyse the detail, we learn no more than we already knew. This approach may simply lead to categorization: here, is an instance of incompletenesslfailure, here an example of the mechanism of the sacred. Without any broader theoretical or analytical framework, within which these concepts fit, we do not necessarily learn more about the examples or the social contexts within which they are embedded. Foucault may have focused on the 'how' question but this was preceded by a set of theoretical or analytical assumptions/hypotheses that turned received knowledge on its head; that is why the 'how' questions are interesting. If Foucault had, for instance, accepted that sexuality was liberated in the 1960sand simply demonstrated the process of its occurrence, his work would be unremarkable. It is because his starting point was that sexuality was not liberated, just subject to new discourses that his account of the 'how' is challenging and revealing. This is what Hunt and Wickham's method lacks: the interrogation of received truths. Indeed, their emphasis on very careful detail and the production of generalization only when sufficient detail has been amassed is likely to reinforce accepted wisdoms. Foucault's strength, for me, is not the gathering of detail or empirical 'proof' but using surprise, the curious, and provocative interpretations, to make the reader think again.