This article considers an international sample of venture capital and private equity funds to assess the role of law, corruption, and culture in setting fund manager fees. With better legal conditions, fixed fees are lower, carried interest fees are higher, clawbacks are less likely, and share distributions are more likely. Countries with lower levels of corruption have lower fixed fees and higher performance fees, and are less likely to have clawbacks and cash-only distributions. Hofstede's measure of power distance is (...) negatively related to fixed fees and the use of cash-only distributions, but positively related to performance fees and clawbacks. Overall, the data strongly indicate that corruption, culture, and legal settings are much more significant in determining fees than fund manager characteristics and/or market conditions. (shrink)

The proposed volumes are aimed at a multidisciplinary audience and seek to fill the gap between law, semiotics and visuality providing a comprehensive theoretical and analytical overview of legal visual semiotics. They seek to promote an interdisciplinary debate from law, semiotics and visuality bringing together the cumulative research traditions of these related areas as a prelude to identifying fertile avenues for research going forward. Advance Praise for Law, Culture and Visual Studies This diverse and exhilarating collection of essays explores (...) the many facets both historical and contemporary of visual culture in the law. It opens a window onto the substantive, jurisdictional, disciplinary and methodological diversity of current research. It is a cornucopia of materials that will enliven legal studies for those new to the field as well as for established scholars. It is a 'must read' that will leave you wondering about the validity of the long held obsession that reduces the law and legal studies to little more than a preoccupation with the word. Leslie J Moran Professor of Law, Birkbeck College, University of London Law, Culture and Visual Studies is a treasure trove of insights on the entwined roles of legality and visuality. From multiple interdisciplinary perspectives by scholars from around the world, these pieces reflect the fullness and complexities of our visual encounters with law and culture. From pictures to places to postage stamps, from forensics to film to folklore, this anthology is an exciting journey through the fertile field of law and visual culture as well as a testament that the field has come of age. Naomi Mezey, Professor of Law, Georgetown University Law Center, Washington, D.C., USA This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual. This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law's representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal and cultural inquiry. Above all, Law Culture and Visual Studies lays the groundwork for rethinking the nature of law in our densely visual culture: How are legal meanings produced, encoded, distributed, and decoded? What critical and hermeneutic skills, new or old, familiar or unfamiliar, will be needed? Topical, diverse, and enlivening, Law Culture and Visual Studies is a vital research tool and an urgent invitation to further critical thinking in the areas so well laid out in this collection. Desmond Manderson, Future Fellow, ANU College of Law / Research School of Humanities and the Arts, Australian National University, Australia. (shrink)

In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights. Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an (...) emancipated moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture. According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich. Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism. (shrink)

The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism. James Griffin and Yael Tamir raise questions concerning Raz's notion of group rights and its application to claims of cultural and political autonomy, while Will Kymlicka and Bernhard Peters examine Raz's theory of multicultural society. Lukas Meyer investigates the (...) applicability of the notion of harm in the intergenerational context. Other papers are devoted to fundamental theoretical tenets of Raz's work. Hillel Steiner and Andrei Marmor examine Raz's account of value pluralism and incommensurability in light of what these authors consider to be goods whose equal distribution must be valued for its own sake. Robert Alexy and Timothy Endicott discuss traditional issues of jurisprudence and legal philosphy with special attention to Raz's contribution. Rüdiger Bittner, Bruno Celano, and J. E. Penner discuss and criticize aspects of Raz's theory of practical reason. Jeremy Waldron presents a critique of Raz's interpretation of authority.This volume concludes with a chapter by Joseph Raz in which he responds to arguments in the foregoing essays. (shrink)

The observed Taiwanese neonatal professionals' more conservative attitudes than their worldwide colleagues towards end-of-life (EOL) decision making may stem from cultural attitudes toward death in children and concerns about medicolegal liability. Healthcare practice is rooted in local culture and laws; however that should be adjusted to patients' best interests. Improving Taiwanese neonatal professionals' knowledge and competence in EOL care may minimize ethical dilemmas, allow appropriate EOL care decision making, avoid infants' suffering, and ease parents' bereavement grief.

The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism.

A myth exists that Jews can embrace the cultural components of Judaism without appreciating the legal aspects of the Jewish tradition. This myth suggests that law and culture are independent of one another. In reality, however, much of Jewish culture has a basis in Jewish law. Similarly, Jewish law produces Jewish culture. Roberta Rosenthal Kwall develops and applies a cultural analysis paradigm to the Jewish tradition that departs from the understanding of Jewish law solely as the embodiment (...) of Divine command. (shrink)

In the context of globalization, the existence of multiple legal cultures appears as a new form of legal pluralism and poses important challenges to jurisprudence and legal theory. On the one hand, the peaceful coexistence of several legal cultures demands a reasonable level of sustainable diversity; on the other hand, the processes of legal convergence can conceal new ways of legal imperialism, by means of legal transplant. In view of this, we understand there is a possibility of building a cosmopolitan (...) law, but this requires a new model of jurisprudence, released from the monist conception of state law, a formula that can go beyond the framework of old 19th century jurisprudence, in order to respond to the new circumstances of interdependence, globalization and multiculturalism. (shrink)

This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science’s basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable—and may be neutralised—by paying closer attention to criminal adjudication’s normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. (...) Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law. (shrink)

Tolerance implies both renunciation and negotiation, concepts that assume truth as relative. The rationality of religious faith does not acknowledge the existence of a shared truth, but history reminds us that religions could be directed through their social representatives to engage in social realities. This had been the case with Islam, despite the existence of strong structuring of knowledge and the Ulemas who play a vital role in its control and reproduction.

This article examines the debate on whether to analyse ‘honour crimes’ as gender-based violence, or as cultural tradition, and the effects of either stance on protection from and prevention of these crimes. In particular, the article argues that the categorisation of honour-related violence as primarily cultural ignores its position within the wider spectrum of gender violence, and may result in a number of unfortunate side-effects, including lesser protection of the rights of women within minority communities, and the stigmatisation of those (...) communities. At the same time it is problematic to completely dismiss any cultural aspects of violence against women, and a nuanced approach is required which carefully balances the benefits and detriments of taking cultural factors into account. The article examines the issues within the context of the legal response to cases involving honour-related violence, arguing that although the judiciary has in a number of cases inclined towards viewing ‘honour’ as primarily cultural rather than patriarchal, in some cases they have begun to take a more gender-based or ‘mature multiculturalism’ approach. (shrink)

The volume presents a set of invited papers based on analyses of legal discourse drawn from a number of international contexts where often the English language ...

The present paper addresses the mutual relationship between society and law in shaping women’s law in Islam from the perspective of the sociology of law. It analyzes the role of pre-Islamic social, political, and economic structures in the Arabian Peninsula in modeling women’s law and highlights some customary laws which were rejected or revived and integrated in Islamic jurisprudence. In this regard, the paper reviews issues such as polygyny, rights to inheritance, marriage, the process of testimony and acceptable forms of (...) evidence in legal matters, diyya, the exclusion of women from the judiciary and the system of issuing fatwa, natural right of guardianship of underage children after divorce, and regulations related to the veil. Finally, referring to the manner of the Prophet of Islam, the paper suggests that ʿurf can be considered as a source of Islamic legislation alongside other commonly known sources of fiqh. (shrink)

All major western countries today contain groups that differ in their religious beliefs, customary practices or ideas about the right way in which to live. How should public policy respond to this diversity? In this important new work, Brian Barry challenges the currently orthodox answer and develops a powerful restatement of an egalitarian liberalism for the twenty-first century. Until recently it was assumed without much question that cultural diversity could best be accommodated by leaving cultural minorities free to associate in (...) pursuit of their distinctive ends within the limits imposed by a common framework of laws. This solution is rejected by an influential school of political theorists, among whom some of the best known are William Galston, Will Kymlicka, Bhikhu Parekh, Charles Taylor and Iris Marion Young. According to them, this 'difference-blind' conception of liberal equality fails to deliver either liberty or equal treatment. In its place, they propose that the state should 'recognize' group identities, by granting groups exemptions from certain laws, publicly 'affirming' their value, and by providing them with special privileges or subsidies. In Culture and Equality, Barry offers an incisive critique of these arguments and suggests that theorists of multiculturism tend to misdiagnose the problems of minority groups. Often, these are not rooted in culture, and multiculturalist policies may actually stand in the way of universalistic measures that would be genuinely beneficial. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 209 Seiten: 357-370.

All major western countries today contain groups that differ in their religious beliefs, customary practices or ideas about the right way in which to live. How should public policy respond to this diversity? In this important new work, Brian Barry challenges the currently orthodox answer and develops a powerful restatement of an egalitarian liberalism for the twenty-first century. Until recently it was assumed without much question that cultural diversity could best be accommodated by leaving cultural minorities free to associate in (...) pursuit of their distinctive ends within the limits imposed by a common framework of laws. This solution is rejected by an influential school of political theorists, among whom some of the best known are William Galston, Will Kymlicka, Bhikhu Parekh, Charles Taylor and Iris Marion Young. According to them, this 'difference-blind' conception of liberal equality fails to deliver either liberty or equal treatment. In its place, they propose that the state should 'recognize' group identities, by granting groups exemptions from certain laws, publicly 'affirming' their value, and by providing them with special privileges or subsidies. In Culture and Equality, Barry offers an incisive critique of these arguments and suggests that theorists of multiculturism tend to misdiagnose the problems of minority groups. Often, these are not rooted in culture, and multiculturalist policies may actually stand in the way of universalistic measures that would be genuinely beneficial. (shrink)

"This edited collection is the result of a workshop organised in March 2014 at the University of Birmingham's Institute for Advanced Studies, entitled: Hybridity: Exploring Power, Social Structures, and Institutions Beyond the Liberal West.--ECIP introduction.

All major western countries today contain groups that differ in their religious beliefs, customary practices or ideas about the right way in which to live. How should public policy respond to this diversity? In this important new work, Brian Barry challenges the currently orthodox answer and develops a powerful restatement of an egalitarian liberalism for the twenty-first century. Until recently it was assumed without much question that cultural diversity could best be accommodated by leaving cultural minorities free to associate in (...) pursuit of their distinctive ends within the limits imposed by a common framework of laws. This solution is rejected by an influential school of political theorists, among whom some of the best known are William Galston, Will Kymlicka, Bhikhu Parekh, Charles Taylor and Iris Marion Young. According to them, this 'difference-blind' conception of liberal equality fails to deliver either liberty or equal treatment. In its place, they propose that the state should 'recognize' group identities, by granting groups exemptions from certain laws, publicly 'affirming' their value, and by providing them with special privileges or subsidies. In Culture and Equality, Barry offers an incisive critique of these arguments and suggests that theorists of multiculturism tend to misdiagnose the problems of minority groups. Often, these are not rooted in culture, and multiculturalist policies may actually stand in the way of universalistic measures that would be genuinely beneficial. (shrink)

When discussions of scientific method shift from natural sciences to social sciences, we tend to feel that we are turning from strict sciences to subject matters which may have achieved some measure of intellectual competence but which lack the rigor, objectivity and principles of organization found in mature science. This sense of a difference between the natural sciences and the social sciences is connected with questions of the meaning and rôle of laws. To the extent to which social and historical (...) events have not been reduced to laws or perhaps cannot be, the disciplines which study such events are considered immature or imperfect sciences. To the extent to which social sciences do not offer predictions, they are felt to have little application to the solution of actual and immediate problems. When a bridge has to be built over a chasm, the laws of the natural sciences can be brought to bear. But when a treaty is to be drawn, where, it is asked, are the social and historical laws which can be applied to the situation? (shrink)

How do we achieve social justice? How do we change society for the better? Some would argue that we must do it by changing the laws or state institutions. Others that we must do it by changing individual attitudes. I argue that although both of these factors are important and relevant, we must also change culture. What does this mean? Culture, I argue, is a set of social meanings that shapes and filters how we think and act. Problematic (...) networks of social meanings constitute an ideology. Entrenched ideologies are resilient and are barriers to social change, even in the face of legal interventions. I argue that an effective way to change culture is through social movements and contentious politics, and that philosophy has a role to play in promoting such change. (shrink)

Law's article begins by restating the classical ANT position that objects do not exist `in themselves' but are the effect of a performative stabilization of relational networks. In addition, these material enactments inevitably have a spatial dimension; they simultaneously establish spatial conditions for objectual identity, continuity, and difference. Space must not be reified as a natural, pre-existing container of the social and the material, but is itself a performance. Moreover, there are multiple forms of spatiality beyond the Euclidean space of (...) regions, and objects may exist and achieve homeomorphism within several different spatial systems. Technologies such as the Zimbabwe Bush Pump present a fluid object which is able to exist and cohere without the presence of fixed boundaries or the permanence of a particular functional definition. The network logic, however, which gravitates towards stability and functionality, tends to exclude and silence this spatial Other. An alternative political ontology is needed which goes beyond the reification of network space in order to give voice to the fluid objects which escape its unidimensional functionality. (shrink)

Much scholarly attention has recently been devoted to ways in which artificial intelligence (AI) might weaken formal political democracy, but little attention has been devoted to the effect of AI on “cultural democracy”—that is, democratic control over the forms of life, aesthetic values, and conceptions of the good that circulate in a society. This work is the first to consider in detail the dangers that AI-driven cultural recommendations pose to cultural democracy. This Article argues that AI threatens to weaken cultural (...) democracy by undermining individuals’ direct and spontaneous engagement with a diverse range of cultural materials. It further contends that United States law, in its present form, is ill equipped to address these challenges, and suggests several strategies for better regulating culture-mediating AI. Finally, it argues that while such regulations might run afoul of contemporary First Amendment doctrine, the most normatively attractive interpretation of the First Amendment not only allows but encourages such interventions. (shrink)

This book demonstrates that law can be newly interrogated when examined through the lens of literature. Like its forerunner, Empty Justice, the book creates simple pathways which energise and illustrate the links between legal theory and legal science and doctrine, through the wider visions of history, literature and culture. This broadening approach is integral to understanding law in the context of wider debates and media in the community. The book provides a collection of essays, with additional commentary which reflects (...) upon very recent scholarship and debate on a range of ethico-legal topics; it also illustrates how conventional legal matters may be rendered lively and palatable, as an adjunct to approaching doctrine and cases 'cold' in the conventional textbook manner. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate. (shrink)

This essay will critically analyse how conquest that resulted in white settler colonialism laid the foundation for epistemic violence. Epistemic violence, which took the form of the imposition of the law of the European conqueror in the wake of land dispossession in 1652 in South Africa is the fundamental problem this essay will critically engage with. We will rely on the Azanian philosophical tradition as a theoretical framework to critique this legal epistemic violence. Our theoretical framework is in line with (...) Afrikan jurisprudence, which is grounded in the culture and worldview of the Indigenous people conquered in wars of conquest. Fundamental to our argument is that the law of the European conqueror, which was imposed through conquest is a Eurocentric enterprise, which seeks to negate the Afrikan worldview and culture and reinforce historic injustice. It is important to note that epistemic violence commenced with the issuing of papal bulls, which undergirded conquest and white settler colonialism in South Africa. The thesis of the essay is that in the wake of conquest and the attendant imposition of the law of the European conqueror, white settlers used their law to technicalise issues of historic injustice such as land dispossession. It is in this sense that this essay seeks to contribute to the decolonisation of law by foregrounding the worldview and culture of the Indigenous conquered people. (shrink)

As a performative activity, music has the potential to help explain the interpretive and rhetorical work of lawyering. As an aesthetic creation that reflects and shapes individual identities and social bonds, music is a cultural force that may contest or enhance political and legal power. The papers in this special issue contribute to the expanding field that pairs law and music by examining how music has affected legal practices and legal thinking in particular historical and cultural instances.

The West has created categories of property, including intellectual property, which divides peoples and things according to the same colonizing discourses of possessive individualism that historically disentitled and disenfranchised Native peoples in North America. These categories are often presented as one or both of neutral and natural, and often racialized. The commodification and removal of land from people’s social relations which inform Western valuations of cultural value and human beings living in communities represents only one particular, partial way of categorizing (...) the world. Legal and cultural manifestations of authorship, culture, and property are contingent upon Enlightenment and Romantic notions built upon a colonial foundation. I will argue that the law rips apart what First Nations peoples view as integrally and relationally joined, but traditional Western understandings of culture, identity, and property are provoked, challenged, and undermined by the concept of Aboriginal Title in a fashion that is both necessary and long overdue. (shrink)

This volume brings together a number of important studies by leading scholars on ritual and law, philosophy and religion, literature and entertainments in Qin and Han China. A few contributions deal with the Han legacy to later Chinese culture.

Music reflects subjectivity and identity: that idea is now deeply ingrained in both musicology and popular media commentary. The study of music across cultures and practices often addresses the enactment of subjectivity "in" music - how music expresses or represents "an' individual or "a" group. However, a sense of selfhood is also formed and continually reformed through musical practices, not least performance. How does this take place? How might the work of practitioners reveal aspects of this process? In what sense (...) is subjectivity performed in and through musical practices? This book explores these questions in relation to a range of artistic research involving contemporary musical practices, drawing on perspectives from performance studies, phenomenology, embodied cognition, and theories of gendered and cultural identity. (shrink)

This paper traces back the sources of our present legal system and of market economy to Medieval Europe which itself benefited from Hellenistic and Roman legal culture and commercial practices. Roman provinces placed Rome in the wider Greek cultural and commercial world. If Aristotle was already transcending the narrow polis-based conceptions of his predecessors, after him Hellenistic Civilization saw the emergence of a new school of philosophy: Stoicism. The legal thought in the Latin West will hence be characterized by (...) Cicero’s writings and its Stoic sources. The Roman legal system was similar to the later northern European customary law and the English common law; Roman law was evolutionary and customary. The rise of Western individualism, whether it dates back to St. Augustine in the fifth century, or to the two Papal Revolutions of Gregory I (establishing the nuclear family as the core of individualism) and of Gregory VII, also played a crucial role in shaping the western legal tradition. The paper describes the main forces that led to this second (Gregorian) revolution. Monasticism is one of them. Benedictine monasticism plaid a leading role in the Peace of God Movement. Hence collective oath-taking by groups in the name of peace was essential in the founding of cities and in the formation of guilds. Europe’s economic resurgence in the Eleventh Century was on the basis of the creation of the rule of law by the Peace of God movement. This movement also allowed for Europe’s agricultural economy to progress. Indeed, the European Middle Ages is one of the major periods of technological innovation in the history of the world. The Gregorian Revolution itself was supported and financed by the Commercial Revolution: Italian bankers sustained Papal reformers against the Emperors. The independence of the Italian cities and provinces reveals one of the most important consequences of the Gregorian Revolution: the polycentricism of Western Europe. This Revolution also witnessed the first large number of political pamphlets in European history; the Gregorian clergy emphasizing a compact theory of government. Soon after, the order of Cistercians was founded (1098) and underwent spectacular growth during the next two centuries. The Cistercians accepted no rents or labor services from feudal donors but would take only full possession of land to do with it as they wished.These monasteries were the most economically effective units that had ever existed in Europe, and perhaps in the world, before that time. Finally, the Magna Carta (1215) that will be so influential on modern political thought can be seen as a direct consequence of the Gregorian Revolution. (shrink)

A number of prominent political philosophers, including Will Kymlicka and Joseph Carens, have suggested that one reason for limiting immigration is to protect culture, particularly what Kymlicka calls “societal culture”: “a territorially-concentrated culture, centered on a shared language which is used in a wide range of societal institutions, in both public and private life (schools, media, law, economy, government, etc.).” I situate this claim in the context of liberal nation-building and suggest that the arguments for the protection (...) of culture are often vague, confused or tend to conflict with liberal commitments. When clear, they gain their plausibility from other concerns (e.g., self-defense), not cultural protection. Finally, given plausible empirical assumptions, the dangers to societal culture are considerably exaggerated and provide little reason for preventing immigration. I then briefl y consider the case of general culture and whether there are some grounds to limit immigration to protect it, using the example of Iceland and aboriginal cultures to situate my arguments. Once again, I conclude that the appeal to culture to limit immigration is weak and philosophers searching for arguments against open borders should turn elsewhere. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Cancel Culture and the Trope of the ScapegoatA Girardian Defense of the Importance of Contemplative ReadingJoakim Wrethed (bio)What unfolds in this article encompasses violence, language/reading, and ethics. René Girard addresses these topics primarily in terms of mimesis, its potential violence, and the trope of the scapegoat. Still, toward the end of his career and life, he relentlessly pointed out the dangers implicated in the dynamism of these forces. (...) He addressed it clearly in his "apocalyptic book" Battling to the End (2010):I have been accused of repeating myself too often, of turning my theory into a fetish, of using it to explain everything. Yet it has described mechanisms that recent discoveries in neuroscience confirm: imitation is the initial and essential means of learning; it is not something acquired later on. We can escape mimetism only by understanding the laws that govern it. Only by understanding the dangers of imitation can we conceive of authentic identification with the Other. However, we are becoming aware of the primacy of moral relationship at the very time when the atomization of humanity is being realized, and when violence has increased in intensity and unpredictability.1[End Page 15] It is this thin line between necessary/harmless imitation and its dangerous versions that will be the central theme in the analysis. As Girard states, a vast amount of established research confirms that the mimetic impulse is innate.2 We should pay specific attention to "the atomization of humanity," since it zooms in on our contemporary epoch's paradoxical "mass-individualism," evidently tremendously enhanced by information and communication technology (ICT). In order to contribute to Girard's lifework and to extend it beyond his own writing, we outline a few contemporary phenomena that clearly exhibit the primordial dangers of human violence that Girard draws attention to. These phenomena are initially only roughly sketched, but subsequent sections give them sharper relief. The central phenomena are cancel culture, speed, and the reading of literature. Just to be clear, the intended mode of reading should be construed in a broad sense, thus potentially including philosophy and theology, if one is inclined to emphasize the differences between these disciplines and the reading of literature.3Cancel culture in certain ways makes manifest a social welfare society version of escalating violence, indicating that "violence has increased in intensity and unpredictability."4 A succinct definition of cancel culture will initially suffice:Cancel culture refers to ending (or attempting to end) an individual's career or prominence to hold them accountable for immoral behavior. Driven primarily by young progressives, often through social media, cancel culture has attracted controversy since it swept into the national conversation.5This definition can easily be extended into larger historical patterns in which, for instance, colonial crimes are highlighted and demands are raised for contemporary acts of atonement. As Rob Henderson points out, the obvious flip side is that "the swift and decisive nature of cancel culture can stifle debate, and some believe that dialogue is a more productive way to foster change."6 The "swiftness" and the immediate collectable consequences are decisive in their functions as social punishment and exclusion; in other words, digitalized speed accomplishes verdict and punishment in a very short time span, which is a reflection of desire pure and simple. The rapidity from intention to anticipated effect rather resembles an instinctive and violent action more than the forwarding of a carefully thought through argument or statement. The present becomes an invincible ivory tower bristling with power to finally mete out the justice that the erroneous ethics of earlier times were incapable of conceiving and achieving. An always already accelerating modernity speeded up immensely through [End Page 16] the fast growth of information and communication technology (ICT). To be sure, the whole evolution of computer technology is defined primarily in terms of processing speed, together with the quantity of information that can be contained in as small a spatial entity as possible. The present-day reality of having almost everything only one or a few clicks away on a screen—as a modern day realization of the library in Alexandria—enhances the relevance of a phenomenon historians have referred to... (shrink)

This comprehensive educational history of public schools in Hawai'i shows and analyzes how dominant cultural and educational policy have affected the education experiences of Native Hawaiians. Drawing on institutional theory as a scholarly lens, the authors focus on four historical cases representing over 150 years of contact with the West. They carefully link historical events, significant people, educational policy, and law to cultural and social consequences for Native Hawaiian children and youth. The authors argue that since the early 1800s, educational (...) policy in Hawai'i emphasizing efficiency has resulted in institutional structures that have degenerated Hawaiian culture, self-image, and sovereignty. Native Hawaiians have often been denied equal access to quality schools and resulting increased economic and social status. These policies were often overtly, or covertly, racist and reflected wider cultural views prevalent across the United States regarding the assimilation of groups into the American mainstream culture. The case of education in Hawai'i is used to initiate a broader discussion of similar historical trends in assimilating children of different backgrounds into the American system of education. The scholarly analysis presented in this book draws out historical, political, cultural, and organizational implications that can be employed to understand other Native and non-Native contexts. Given the increasing cultural diversity of the United States and the perceived failure of the American educational system in light of these changes, this book provides an exceptionally appropriate starting point to begin a discussion about past, present, and future schooling for our nation's children. Because it is written and comes from a Native perspective, the value of the "insider" view is illuminated. This underlying reminder of the Native eye is woven throughout the book in _Ha'awina No'ono'o_--the sharing of thoughts from the Native Hawaiian author. With its primary focus on the education of native groups, this book is an extraordinary and useful work for scholars, thoughtful practitioners, policymakers, and those interested in Hawai'i, Hawaiian education, and educational policy and theory. (shrink)

This paper deals with the ways in which jurists and law professors applied transnational systems of public law, in particular US constitutionalism and French droit administratif, in their approaches to the state building process in late nineteenth century Argentina. In covering these movements of adaptation of a nascent legal culture to changing ideological and political circumstances, this article attempts to illuminate the strong links between the process of institutionalization of certain academic disciplines or forms of social knowledge, and modern (...) state building in Latin America. (shrink)

The act of remaking one's history into a heritage, a conscientiously crafted narrative placed over the past, is a thriving industry in almost every postcolonial culture. This is surprising, given the tainted role of heritage in so much of colonialism's history. Yet the postcolonial state, like its European predecessor of the eighteenth and nineteenth centuries, deploys heritage institutions and instruments, museums, courts of law, and universities to empower itself with unity, longevity, exaltation of value, origin, and destiny. Bringing the (...) eye of a philosopher, the pen of an essayist, and the experience of a public intellectual to the study of heritage, Daniel Herwitz reveals the febrile pitch at which heritage is staked. In this absorbing book, he travels to South Africa and unpacks its controversial and robust confrontations with the colonial and apartheid past. He visits India and reads in its modern art the gesture of a newly minted heritage idealizing the precolonial world as the source of Indian modernity. He traverses the United States and finds in its heritage of incessant invention, small town exceptionalism, and settler destiny a key to contemporary American media-driven politics. Showing how destabilizing, ambivalent, and potentially dangerous heritage is as a producer of contemporary social, aesthetic, and political realities, Herwitz captures its perfect embodiment of the struggle to seize culture and society at moments of profound social change. (shrink)

The 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions provides an international policy lens for analysing broad debates on issues of cultural globalization and development. The interdisciplinary contributions in this volume offer a fresh understanding of these key issues whilst examining cultural globalization, which is conceived in terms of artistic expressions and entertainment industries and interpreted anthropologically as the rituals, symbols, and practices of everyday life. The broad gamut of theories, methods, and evidence collected (...) by the editors outlines UNESCO's accomplishments, shortcomings, and future policy prospects. This edited collection has a clear message: The Convention is a useful and important instrument in the debate on cultural diversity, but not broad enough or sufficient to confront major challenges concerning human rights, sustainability, and cultural diversity as a whole. (shrink)

This study describes metonymic argument alternations, in which a constructional slot can be filled by any of a set of semantic roles that index one another, and provides a diachronic corpus analysis of two such alternations in French. In the Reveal secret frame and other communication frames, the Medium can indexically replace the Speaker and the Topic can indexically replace the Information. A regression analysis shows that while topic for information metonymy is more syntactically and pragmatically restricted, medium for speaker (...) metonymy has seen an increase in usage over time across the frame. This change is related to sociocultural developments and has implications for the study of figurative language and lexical semantic change. While it is well understood that figurative mechanisms such as metonymy affect language change, here it is demonstrated that cultural shifts drive changes in metonymies themselves, with corresponding impacts for linguistic structure. (shrink)

A central theme of law and society is that people's ideas about law and the decisions they make to mobilize law are shaped by community norms and cultural context. But this was not always an established concept. Among the first empirical pieces to articulate this theory was David Engel's 1984 article, 'The Oven Bird's Song: Insiders, Outsiders, and Personal Injuries in an American Community'. Over thirty years later, this article is now widely considered to be part of the law and (...) society canon. This book argues that Engel's article succeeds so brilliantly because it integrates a wide variety of issues, such as cultural transformation, attitudes about law, dispute processing, legal consciousness, rights mobilization, inclusion and exclusion, and inequality. Contributors to this volume explore the influence of Engel's important work, engaging with the possibilities in its challenging hypotheses and provocative omissions related to the legal system and legal process, class conflict and difference, and law in other cultures. (shrink)

This interdisciplinary, social scientific analysis of the regulatory discourse on nanotechnology in the three German-speaking countries of Germany, Austria and Switzerland and in the EU between 2000 and 2013 has shown three distinct phases, characterised by shifts in the configuration of actors and in the thematic scope from nanotechnology to nano-materials. Compared to modes of governance based on traditional statutory law, modes of governance based on less binding forms of soft law and self-regulation (like codes of conduct, guidelines and certification (...) systems) and new modes of governance (like assessment studies, risk management frameworks as well as participatory and cooperative forms of communication and negotiation) have gained importance. Despite some similarities, two different cultures in governing nanotechnology can be distinguished: a product-oriented culture in statutory regulations (when speaking about products, the article is also referring to substances) and a risk-based culture in applying soft law based on new modes of governance. In addition, the different regulatory cultures have led to four strategic approaches: modes of governance mainly based on hard law and soft law at the EU level, modes of governance mainly based on cooperative and self-regulatory approaches in Germany, cooperative governance approaches in Austria and modes of governance mainly based on self-regulatory and soft law approaches in Switzerland. (shrink)

Australia is second only to Israel in being the world’s most culturally diverse nation, based largely on high levels of immigration in the second part of the 20th century. From the 1970s onwards, Australia formally recognized the massive social changes brought about by postwar immigration, and provided legislation to incorporate cultural diversity into everyday lives. One such ‘legislative’ enactment saw the establishment of multicultural broadcasting in Australia, as arguably a world-first, both in its comprehensiveness and diversity. Today, Australia has a (...) public sector corporation, the Special Broadcasting Service, administering five radio services in 68 languages. Also, the Community Radio sector produces multicultural programming in 100 languages through a number of its 330 broadcast and 207 narrowcast stations. This article examines the relationship between radio and its communities. It argues that despite the ‘profile’ of SBS television, radio is much closer to its constituent communities, and therefore plays a greater role in enabling those communities to speak their own histories, beyond the confines of a consensual Anglophile paradigm. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Culture of Engagement: Law, Religion, and Morality by Cathleen KavenyAllen CalhounA Culture of Engagement: Law, Religion, and Morality Cathleen Kaveny WASHINGTON, DC: GEORGETOWN UNIVERSITY PRESS, 2016. 320 pp. $98.95 / $32.95It is encouraging to read a book on the intersection of religion and law from an author as conversant with both fields as is Cathleen Kaveny. Reworking a number of columns that she wrote for (...) Commonweal magazine, Kaveny offers her concept of a "culture of engagement" as an alternative to America's polarizing culture wars. She builds a vision of engagement—typified by Pope Francis's emphasis on the church's need to "encounter" all human beings—that welcomes the influence that religious traditions and the broader culture and its laws can have on each other.Kaveny notes two ways in which the Roman Catholic tradition is particularly well situated to engage American culture and law. First, both American common law and the Catholic moral tradition use forms of "casuistry" to connect general rules with particular situations. Second, Catholic reluctance "to draw sharp lines between the pure and the tainted" can supply a salutary alternative to the Puritan tendency toward "prophetic indictment" (16).In part 1, Kaveny argues that law has both pedagogical and pragmatic qualities. In part 2, she describes the nation's struggle to balance governmental interests and religious liberty in the context of the contraception mandate in the 2010 Affordable Care Act. She faults the United States Conference of Catholic Bishops for elevating the law's pedagogical role over its pragmatic function in their attack on the mandate. She herself leans toward pragmatism; she assumes that exceptions to laws of general applicability should apply only "in the most extreme cases" (116) and that the government—not the religious claimant—should determine when exceptions apply.Kaveny also suggests that the bishops would do well to pay greater attention to the common good, as "it reflects the moral consensus of the community, which is accurately reflected in our democratic process of lawmaking" (90). Development of the grounds for this optimistic linking of a moral consensus and majority rule to the common good would have been an interesting addition to the book.Part 3 is the heart of the work, exploring ways for American society to "move beyond a culture war mentality" (120). Kaveny resists the assumption that public discourse in a society torn by culture wars is served by pitting secular and religious voices against each other. She hopes instead for persuasion based on natural law. One is left wondering, however, how persuasion based on natural law could happen in America's ideologically diverse culture. [End Page 201]Part 4 explores the effect of America's ideological pluralism on discussions among American Catholics. Kaveny describes how the church's sexual abuse scandal has fed the growing sense of disconnection between church teaching and the expectations of the Catholic laity.Part 5, a series of essays on difficult ethical controversies, hints at what interaction between the American and Catholic traditions might look like. Kaveny advocates "reframing the question" and hints at what reframing the contraception question might look like (221).Some of the book addresses specifically Catholic questions. It is valuable in that respect. Its scope extends beyond any one religious tradition, however, as it offers a picture of engagement between equals: the American legal tradition and Catholic moral teaching. Nevertheless, Kaveny makes it clear that this sort of engagement can succeed only if the American legal community understands its need to reflect changing social values and the Catholic hierarchy moves away from insisting that "error has no rights" and toward acknowledging that people do have rights even when they are in error (257).Allen CalhounPhD candidate, University of AberdeenCopyright © 2018 Society of Christian Ethics... (shrink)

Being different from the Western concept of "relationship," Chinese concept of "relationship," that is, guanxi profoundly influences Chinese society in commercial activities, business ethics, and organizational behaviors. Moreover, firms can develop their networks of guanxi to gain competitive advantages. Highlighting the cultural and organizational antecedents oí guanxi, namely Confucianism and organizational ethical climate, this study examines the influence of these two antecedents on guanxi and makes comparisons of guanxi, Confucianism and organizational ethical climate between Taiwan and Mainland China. The results (...) show that Taiwan, where preserves more Confucian culture, tends to put much emphasis on guanxi than Mainland China, especially with respect to mianzi. Concerning ethical climate, Taiwan tends to have instrumental, and law and code ethical climate. (shrink)

Purpose. Based on the comparative analysis of the European and post-Soviet countries, the purpose of the article is to study one of the manifestations of gender discrimination, namely the problem of gender equality in the sphere of labor. It involves the consistent solution to the following tasks: a) to emphasize the basic principles of gender international and legal policy; b) to reflect the praxeological dimension of providing the equal social and economic opportunities for men and women at current level; c) (...) to emphasize the key criterion for ensuring the equality in socio-cultural sphere – equality in political life; d) to study the educational level of women and the possibility of self-realization in employment equal to men. Theoretical basis. The authors proceed from the standpoint that gender equality at the present stage has become a priority of legal policy and an important principle of the state of pro-European orientation. It is characterized in the legal plane, first of all, by the equality of the social roles of men and women, and the overcoming of the gender hierarchy of social ties, in which men are perceived as higher beings by their mental and physical abilities, and their activities are more significant and of priority in comparison with the activities of women. Originality. The authors have substantiated that in many economically developed countries the problem of providing a gender is still relevant, but most of the crisis problems in this area have found their legal regulation. The motivated position of the authors is that the level of education and professionalism of women cannot serve a reason for discrimination against women, which now exists in the economic and political sphere in the post-Soviet space. Conclusions. Gender stereotypes remain the priority in woman’s keeping family household, which creates significant inequalities of women and men at the labor market. Specialized regulatory acts in the field of gender declare the equality of men and women, while labor law defines a number of norms and guarantees that complicate the employment of women. In order to improve the situation we propose to implement a number of measures, such as, creation and financial support of the programs at the state level for supporting maternity, family and childhood; examination of all normative acts and concerning the issue of gender asymmetry, and especially the norms of labor law; introduction of state monitoring of employment and income of persons as to the complying with the principle of gender equality; introduction of quotas for women’s participation in political activities, in the work of the government and parliament, etc. (shrink)

As recent controversies over satirical religious cartoons in Denmark and the wearing of traditional dress in France attest, multiculturalism is an increasingly contentious issue for contemporary democracies. The question of how to achieve a balance between a tolerant and open society and a just nation with a strong identity has become one of the most heated debates in the academic community—and a matter of immediate political urgency for many countries. _Multiculturalism and the Law_ brings together some of the sharpest and (...) most influential scholars of our time, including Jürgen Habermas and Thomas McCarthy, to explore the pacifying role that democratic lawmaking offers as a solution to the instability and divisiveness fostered by cultural diversity. Can the law promote equality, inclusion, and solidarity? The emerging consensus among many political philosophers that it can is debated here by a distinguished group of thinkers, and their contributions are essential reading for both policy makers and a wide range of scholars. (shrink)