Although community cohesion and human rights are currently two of the most discussed political discourses in the UK, their links for policy are underplayed. This article presents the findings of a nine-month research project that included interviews with a selected expert sample, and which aimed to explore whether human rights values and legislation can be used as tools for community cohesion. Available levers within human rights and the 1998 Human Rights Act are identified, and evidence-based policy recommendations are posited. (...) The article aims to start a new and more inclusive dialogue on community cohesion policy. (shrink)

Introduction Someone comes and says something. Without really needing to think, I understand what is said, refer it without difficulty to familiar codes, ...

Kant is often regarded as one of the founding fathers of modern liberal democracy. His political theory reaches its climax in the ground-breaking work, Perpetual Peace (1795), which sets out the basic framework for a world federation of states united by a system of international law. What is less well known is that two years earlier, in his Religion within the Bounds of Bare Reason (1793/1794), Kant had postulated a very different, explicitly religious path to the politics of peace: (...) he presents the idea of an “ethical community” as a necessary requirement for humanity to become “satisfactory to God”. While many recent scholars have noted the importance of Kant’s concept of the ethical community, few recognize the force of his argument that such a community is possible only if it takes the form of a church; as a result, the precise status of his proposal remains unclear and under-appreciated. He argues in Division One, Section IV, of Religion’s Third Piece that the idea of this community can become a reality only through a “church” that is characterized by four rational requirements: unity, integrity, freedom, and the changeability of all church rules except these four unchangeable marks. Prior to Section IV, Division One portrays this ethical community as having a political form, yet an essentially nonpolitical matter. He compares it with Jewish theocracy, but observes that the latter failed to be an ethical commonwealth because it was explicitly political. Whereas traditional theocracy replaces the political state of nature (which conforms to the law, “might makes right”) with an ethical state of nature (which conforms to the law that I call, “should makes good”), or attempts to synthesize them, non-coercive theocracy transcends this distinction through a new perspective: it unites humanity in a common vision of a divine legislator whose only law is inward, binding church members together like families, through the law of love. Whereas the legal rights supported by democracy and a system of international law can go a long way to prepare for world peace, Kant’s conviction is that it will be ultimately impossible without support from healthy religion. (shrink)

A comprehensive account of English legal thought in the age of Blackstone and Bentham for nearly a century, The Province of Legislation Determined advances an ambitious reinterpretation of eighteenth-century attitudes to social change and law reform. Professor Lieberman's bold synthesis rests on a wide survey of legal materials and on a detailed discussion of Blackstone's Commentaries, the jurisprudence of Lord Kames and the Scottish Enlightenment, the chief justiceship of Lord Mansfield, the penal theories of Eden and Romilly, and the (...) legislative science of Jeremy Bentham. The study relates legal developments to the broader fabric of eighteenth-century social and political theory, and offers a novel assessment of the character of the common law tradition and of Bentham's contribution to the ideology of reform. (shrink)

While some descriptive and normative theories of legislation account for an extensive role of legal interpretation in legislation, others see its legislative role as marginal. Yet in contemporary constitutional democracies, where legislation is limited and guided by constitutional norms, as well as international and supranational law, legal interpretation must play some role in legislation—even if all or most of legislative activity may not be adequately described and evaluated as legal interpretation. In this chapter, I aim to (...) explore some implications of recognizing the role of legal interpretation in legislation—notably, for the conceptualization and significance of legal expertise in the legislative process, as well as for determining the moral duties of legislative representatives. First, I argue that the role of legal interpretation in legislation calls for institutional reforms in legislatures in order to ensure that legal expertise is adequately channeled into the legislative process, including agenda-setting. Second, I argue that interpreting legal norms through legislation implies specific moral duties for legislative representatives, both in their relations to one another and in their relations vis-à-vis their constituents. I show that giving legal interpretation its due in a descriptive and normative account of legislative activity does not imply an elitist understanding of legislation, and it does not compromise our conception of legislatures as loci of political and moral disagreement and democratic representation. (shrink)

If we accept that surveillance by the State and ‘sousveillance’ by the media in Western democracies tend towards a relative equilibrium, or ‘equiveillance’ supported by the function of journalism as a watchdog and that the rule of law largely protects fundamental freedoms, this paper argues that the act of ‘mutual watching’ is undesired by the State and comes at a very high cost to journalists. The combination of technological capacity, legislative change and antidemocratic sentiments of the State, in the context (...) of its willingness and ability to collect and process Big Data on an unprecedented scale, disrupt the preconditions for a strong democracy based on free media and free citizens. This paper examines the politics of investigative journalism under the conditions of dominance of the State by investigating the experiences of journalists with surveillance. Our interviews with 48 journalists show that journalists are acutely aware of surveillance and its noxious impact. Well beyond simple ‘watching’ these experiences are remarkably similar in non-Western and Western countries. Journalists are engaging increasingly with technological and other communities, as they aim to defend journalism and their lives. Their activism is operationalised in three areas: in reluctant often-fraught cooperation with hacktivists, in self-directed protection of communications and sources and in not always willingly acting as dissenters vis-a-vis the State. This paper explores the extent to which journalists consider equilibrium to be distorted, and how they are countering any slide into subdued democracy. (shrink)

This study explores the individual-level activities of legislators in parliament, which have been largely ignored in the literature on parliamentary democracies. Individual legislators are extensively involved in parliamentary activities such as drafting private members’ bills and posing questions, even though these activities have only been considered to play marginal roles in parliamentary democracies. Moreover, their engagement varies significantly. By using unique data from Japan, this study demonstrates that the personal attributes of legislators affect their choice of parliamentary activities. Under electoral (...) systems with intra-party competition, legislators use parliamentary activities as an important means to inform their constituents about what they can do for them and how they differ from other legislators. In elections, candidates cultivate personal votes by exploiting the image drawn from their personal attributes and, once elected, they behave in accordance with their attributes in order to maintain their electoral ground. Thus, they devote themselves to different activities in parliament. The data analyzed here support this argument. The results of empirical analyses show that legislators with local-level political experience engage in particularistic pork-barrel activities that will benefit their local interests, while legislators with legal-work experience allocate their time and energy to general policy-making activities that will enhance their public image and visibility as legal experts. (shrink)

In her highly influential 1984 study Abortion and the Politics of Motherhood, Kristin Luker speculates that opposition to legal abortion among women was likely to be strongest among those who were full-time homemakers without a college education. But despite a marked decline in that demographic group and a well-documented rise in public support for gender equality since then, the rate of support for legal abortion has remained stubbornly fixed at between fifty and fifty-five percent. This tepid support has coincided (...) with a steep decline in abortion services in rural states, and ever more sweeping restrictions on abortion being tested in the courts. Karissa Haugeberg's Women against Abortion and Katie Watson's Scarlet A both seek to address this state of affairs, albeit in markedly different ways. Haugeberg provides a historical chronicle of the motives and strategies of certain key women activists in the fight against legal abortion, with an eye toward how their concerns “came to serve as blueprints to legislators and judges who continue to craft policies and laws that erode women's right to abortion”. Katie Watson draws upon her experience as an attorney and bioethicist to write a guide “intended to encourage and equip you to engage in respectful, productive, private conversation about your experience with, and opinion of, abortion”. Though both authors reveal their support for legal abortion, both are concerned to understand the motives and goals of those who fight against it. (shrink)

This article examines the process for the eviction of tenants, which offers landlords a swift path for obtaining an eviction order against their tenants, as a case study exposing the politics of procedure. It shows that the PET is but one stage in a longstanding battle waged between two interest groups—landlords and tenants—involving both substantive law and procedural law. But while the story of their conflict over substantive law, fought in the parliament through the regular legislative process, is well-known, (...) the story of the procedural amendments, despite their immense impact, remains shrouded in mystery and is told here for the first time. The reason for that, we argue, is that despite the vast impact of procedure on substantive right, many in the Israeli legal system mistakenly view civil procedure rules as highly technical and neutral directives for the day-to-day operation of the litigation process. The conclusion from such a view is that rulemaking should be left to expert legal technicians and court administrators and that transparency mechanisms or public participation are to be avoided as unnecessary due to the costs and burdens they impose on the rulemaking process. The article concludes with a call for overhauling the rulemaking process in Israel. We argue that the secretive and opaque process is anathema to democracy. Bearing in mind that procedural rules are inevitably imbued with substantive values and have an enormous effect on the substantive rights of the citizenry, the rulemaking process should be radically altered to enable all interested parties to take part in the process, making it far more transparent and subject to public scrutiny in all its stages. (shrink)

Review published in Journal of the British Society for Phenomenology 28:3 1997.

Written by one of Italy's leading historians, this book analyses the Neapolitan nobleman Gaetano Filangieri and his seven-volume 'Science of Legislation' in their historical context, expounding on his legacy for the histories of ...

The reform of China’s housing system has gone through a complex historical process from private real estate before 1949 to public ownership and then partial privatization. These successive temporalities of housing rights can be seen as a concentrated expression of the social transformation process in China. This paper aims at emphasizing both process and structures, revealing a complex relationship between government, market and society, but also the characteristics of the regime behind the events and phenomena described.The research is based on (...) a longitudinal fieldwork and was conducted by a team of teachers and students from Tsinghua University. From the perspective of the politics and sociology of action, housing is the most important contributing factor for the quality of life; to safeguard legal residence rights as well as property rights means to safeguard human rights in the sense of rights of subsistence.Therefore, to safeguard legal residence rights and to pursue social justice are citizens’ most relevant political issues. (shrink)

Law, often neglected in treatments of the Republic, is essential to the philosopher-kings’ rule. Only law accomplishes the partial divinization of citizens at which philosophical politics aims. Socrates’ interrogation of Thrasymachus and Glaucon reveals law to be a command whereby citizens participate in philosophical knowledge and limit the pleonexia congenital to humanity. Law does so primarily by instilling in souls a true opinion resistant to pleonectic passion, producing a state of political virtue. This primary work is supported by the (...) musical and poetical education, itself shaped by law for the sake of law. Law persuades and compels the soul by appealing to both reason and spiritedness, enabling them to overcome the appetites. The soul’s consequent acceptance of truth and resistance to the passions indeed makes it resemble divinity. In so transforming the citizens through the law, the philosopher-king also unifies the city and makes it happy under his rule. (shrink)

With a new foreword by Paul Kelly 'I regard Hayek's work as a new opening of the most fundamental debate in the field of political philosophy' - Sir Karl Popper 'This promises to be the crowning work of a scholar who has devoted a lifetime to thinking about society and its values. The entire work must surely amount to an immense contribution to social and legal philosophy' - Philosophical Studies Law, Legislation and Liberty is Hayek's major statement of political (...) philosophy and one of the most ambitious yet subtle defences of a free market society ever written. A robust defence of individual liberty, it is also crucial for understanding Hayek's influential views concerning the role of the state: far from being an innocent bystander, he argues that the state has an important role to play in defending the norms and practices of an ordered and free society. His arguments had a profound influence on the policies of Thatcher in the 1980s and resonate today in visions of the 'Big Society'. First published in three separate volumes, this Routledge Classics edition makes one of his most important books available in a single volume. Essential reading for understanding the background to the recent world economic turmoil and financial crisis, it also foreshadows the subsequent heated debate about regulation and political governance if such disasters are to be avoided in the future. (shrink)

The Second World War and its associated political events of a national and global scale brought new circumstances, which was considerably influenced the development processes of Tehran. During World War II, Iran hoped that Washington would keep Britain and the Soviet Union from seizing control of the country’s oil fields. In 1951 and 1952 Truman worked with Iranian Prime Minister, though unsuccessfully, to regain some of those lost oil rights for Iran. By the late 1950s and President Kennedy’s presidency, he (...) used aid as leverage for social reform. During the early years of 1960s, the Kennedy Administration was urging its allies in the third world to carry out necessary reforms in order to prevent popular discontent and enhance the dominant ideology of ‘modernism’. In 1968, a major piece of legislation, the Urban Development and Renewal Act, enabled the municipality to implement Tehran’s Comprehensive Plan (TCP 1968), which integrated all the elements of a 1960s’ American city such as the separation of functions, highways, suburbs, shopping centers and housing area. The export of these American cities principles can only be understood from the background of the Cold War period, in which the east and west were both competing for cultural colonization of Middle Eastern strategically important cities like Tehran. During this period, the new developments supported by the oil boom of 1970s, were built in different forms to constitute an expanding metropolis. In 1974, the second “International Congress of Architecture” with the theme of “Toward a Quality of Life” held at Persepolis and brought together all leading world architects and planners to review Iran’s progress in its professional response to the challenges posed by increasing oil revenues. This research aims to represent the export of planning as a political means of cultural colonization of the Third World during the cold war period. (shrink)

In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an (...) enactment by a parliament. I cite two reasons for such a conclusion. The primary reason for my conclusion is that I see primary legislation as being an output of a particular subsystem of society, while the law is the output of another subsystem of society. I argue that these outputs are the discrete products of separate subsystems of society. I argue that primary legislation should be viewed as a trinity. The first state of this trinity is that, upon enactment, primary legislation is a brute fact in that it is but a thing and the only property of this thing is that of being a text. The second state of this trinity is that following the act of enactment, the thing enacted will be reproduced and this reproduction is a separate thing that will sit in some repository until used. The third state of this trinity is that, upon use, this thing that is primary legislation will be transformed into an object and the user will attribute such functions and attributes to that object as are appropriate to the context within which the object is used. The thing has therefore become an object and an institutional fact. The second reason for my conclusion that primary legislation is not a law relates to the fact that the thing that is primary legislation is a text and the only function of a text is that it is available to be read. That is to say, of itself, a text is incapable of doing anything: it is the reader who defines the status of the text and attributes functions and attributes. Upon use, primary legislation thus becomes a censored input for future action and one of these actions may be some statement by a court of law. I assert that the view of primary legislation that has been accepted within the body politic is the product of the discourse of a particular subsystem of society that I have designated 'the legal practice', and I outline why and how this has occurred. Outlining a view about primary legislation also necessitates outlining a view as to the nature of the law. I assert that the law is a myth and I see this myth as a product of the discourse of the legal practice. I have asserted that although it is the judges that state the law, such statements flow from the discourse of those who practise the law. (shrink)

Whilst Luxembourg may be classified as a mini-state, its small size and population have not removed «politics» from public administration. Having outlined the legislative system, this article examines in detail the passage of the legislation for direct elections to the European Parliament focusing on the roles and functions of the relevant actors and institutions. This case study approach reveals a smooth parliamentary stage for legislation concealing a set of devices for resolving contentious or troublesome issues : special (...) ad hoc committees to advise on legislative drafts ; parliamentary committees ; splitting legislation so that legislators are formally committed to a principle before they have seen the details ; the use of delaying tactics to preclude discussion of alternatives. In addition to demonstrating these, the case also examines the effectiveness of the three main institutions, the Council of State, the Chamber of Deputies and the Government, particularly the predominance ofthe latter, on major issues. In contradistinction, however, the Council of State, despite its formally weak status, is shown to exercise a positive influence. (shrink)

In the UK and USA ‘Hate crime’ has become a topic of public controversy and social mobilization around issues of violence and harassment. This has largely but not exclusively addressed racism, homophobia and gender based violence. This article has three objectives. First, to situate hate crime legislation within a broad theory of modernity;secondly to examine the politics of its emergence as a public issue; thirdly to use data from the authors' recent research in Greater Manchester to illuminate the (...) complexity of the concept of ‘hate crime’. The centrality of ‘hate crime’ to current debates derives from the importance of rights-based regulation of complex societies and the juridical management of emotional life. Hatred and violence have become problematic behaviour thrown into relief by a long term civilizing process. Hate crimes have thus acquired powerful rhetorical focus for mobilization of victim and identity politics. With reference to racist violence in Oldham and elsewhere in Greater Manchester, we argue that in its application and construction, however, ‘hate crime’ is a complex phenomenon that might dramatize rather than regulate the problems it seeks to address. (shrink)

Parking and power : law in the everyday -- Construction of a political text : the built environment as a public good -- Citizenship and community : authority of the local -- Semiotics of the terrain : the aesthetics of justice -- Embodiment of jurisdiction : the biopolitics of parking space -- Consumption and the built environment : parking and social need -- Law personified : images of parking enforcement -- Emblematic folk legality : the crafting of law through parking (...) appeals -- Legality beyond the scope of policy : a constitutive approach to parking. (shrink)

As the era or racial and ethnic separateness (apartheid) in South Africa moves further into the annals of history, the new era of integration is being steadily entrenched. While apartheid was internationally condemned and popularly opposed inside the country, a laissez faire type of integration is gradually replacing this system of social rigidity. Apartheid was an exaggerated form of political, economic and social insulation that forbade racial intermingling and sanctioned the existence of separate amenities and living spaces through legislation (...) (Group Areas Act of 1950). However abhorrent apartheid was, it should not be construed that the majority of people had a natural aversion for maintaining social boundaries and a natural inclination to intermingle. In reality, people in all kinds of heterogeneous situations have a proclivity towards demonstrating bonds that emerge out of a sense of “sameness”, as demonstrated in a wide range of literature. (shrink)

The idea of ‘community’ dominates politics in Northern Ireland in both popular and political discourse and in academic writing, policy and legislation. Depending upon particular understandings of the notion of community different arguments are made about the policies that need to be implemented to develop the peace process. This has had a fundamental impact on areas such as legislation over parades and the development of a Bill of Rights for Northern Ireland. This essay critically looks at understandings (...) of ‘community’; how it becomes used in political discourse and in policy development and the character of its relationship with ideas about safety and security. (shrink)

Is realism in political theory compatible with utopianism? This article shows that it is, by reconstructing a highly restrictive realist approach to political theory for guiding legislation and public policy, drawn from the work of Adam Smith, and showing how it can accommodate Piketty’s utopian proposal for a global tax on capital. This shows not only that realism and utopianism are compatible; but how realist and utopian political theory can be carried out in concrete cases. This moves debates to (...) more interesting questions of which forms of utopianism are permissible within which forms of realism; contributes to moving the contemporary realism debates from a Methodenstreit to questions of how it can and ought to be done; and contributes to an important contemporary debate about the permissibility of utopian proposals for political and economic reform in general and Piketty’s proposed global tax on capital in particular. (shrink)

In 1780, the first two books of Gaetano Filangieri's "The Science of Legislation" were published. It was subsequently widely translated, and reprinted in various editions until the second half of the 19th century, when social and economic changes which had occurred seemed to render it obsolete. The purpose of this volume it to introduce Filangieri to English-speaking people, with a selection of his writings of particular interest to the current age, while restoring him to his rightful place among the (...) humanists and reformers of the 18th century. Along with a brief description of the author and the state of political philosophy at the time, this volume presents excerpts from Filangieri's "The Science of Legislation" using translations by Maestro--some appearing in English for the first time--along with passages from Benjamin Constant's "Commentaire sur l'ouvrage de Filangieri" of 1840. (shrink)

In his main work, The Science of Legislation , the Neapolitan Gaetano Filangieri proposed a set of extensive political and cultural reforms. These reforms were necessary to free eighteenth-century societies from the remnants of feudal institutions that obstructed international peace and economic growth. Filangieri's ideas were shaped by the international political climate between the seven Years’ War and the eve of the French Revolution. Reinterpreting Montesquieu and Genovesi through the influences of French radical and Enlightenment thought , as well (...) as the economics of Hume, Verri and the Physiocrats, he concluded that European modernity was inherently contradictory.From this perspective Filangieri set out to force a clean break between the technical horizons of mercantilism and enlightened absolutism and a society based on civil rights, a fair distribution of wealth and resources, and free trade. Proper ‘scientific’ knowledge of the rules and principles of legislation would allow governments to balance out the natural and cultural factors that characterise individual states, and to identify the appropriate model for social and economic development. If all states acted on their proper interest, international free trade and peaceful competition between states would emerge and the potential for general economic growth be materialised. Thus, the natural equilibrium and ‘universal consensus’ among nations could be restored. (shrink)

The dissertation concerns F. A. Hayek’s critique of legislation. The purpose of the investigation is to clarify and assess that critique. I argue that there is in Hayek’s work a critique of legislation that is distinct from his well-known critique of social planning. Further that the main claim of this critique is what I refer to as Hayek’s legislation tenet, namely that legislation that aims to achieve specific aggregate results in complex orders of society will decrease (...) the welfare level. The legislation tenet gains support; from the welfare claim – according to which there is a positive correlation between the utilization of knowledge and the welfare level in society; from the dispersal of knowledge thesis – according to which the total knowledge of society is dispersed and not available to any one agency; and from the cultural evolution thesis – according to which evolutionary rules are more favorable to the utilization of knowledge in social cooperation than are legislative rules. More specifically, I argue that these form two lines of argument in support of the legislation tenet. One line of argument is based on the conjunction of the welfare claim and the dispersal of knowledge thesis. I argue that this line of argument is true. The other line of argument is based on the conjunction of the welfare claim and the cultural evolution thesis. I argue that this line of argument is false, mainly because the empirical work of political scientist Elinor Ostrom refutes it. Because the two lines of argument support the legislation tenet independently of each other, I argue that Hayek’s critique of legislation is true. In this dissertation, I further develop a legislative policy tool as based on the welfare claim and Hayek’s conception of coercion. I also consider Hayek’s idea that rules and law are instrumental in forging rational individual action and rational social orders, and turn to review this idea in light of the work of experimental economist Vernon Smith and economic historian Avner Greif. I find that Smith and Greif support this idea of Hayek’s, and I conjecture that it contributes to our understanding of Adam Smith’s notion of the invisible hand: It is rules – not an invisible hand – that prompt subjects to align individual and aggregate rationality in social interaction. Finally, I argue that Hayek’s critique is essentially utilitarian, as it is concerned with the negative welfare consequences of certain forms of legislation. And although it may appear that the dispersal of knowledge thesis will undermine the possibility of carrying out the utilitarian calculus, due to the lack of knowledge of the consequences of one’s actions – and therefore undermine the legislation tenet itself – I argue that the distinction between utilitarianism conceived as a method of deliberation and utilitarianism conceived as a criterion of correctness may be used to save Hayek’s critique from this objection. (shrink)

In Aristotle and Law, George Duke argues that Aristotle's seemingly dispersed statements on law and legislation are unified by a commitment to law's status as an achievement of practical reason. This book provides a systematic exposition of the significance and coherence of Aristotle's account of law, and also indicates the relevance of this account to contemporary legal theory. It will be of great interest to scholars and students in jurisprudence, philosophy, political science and classics.

This paper seeks a better understanding of the role of public reason in alimenting or defusing religious conflicts by looking at how courts apply it in deciding cases arising out of them. Recent scholarship and judicial decisions suggest, paradoxically, that courts can be biased towards either the secular or the religious. This risks alienating both religious majorities and religious and secular minorities. Judicial public reason is uniquely equipped to protect minorities, and its costs to religious majorities may be mitigated by (...) accepting religious morality and identity claims in the political and legislative realm. Despite the political fragilities of judicial public reason, it is not intrinsically hostile to religious claims. It ought in fact to be fully equipped to recognize the equality and religious freedom rights that religious groups and individuals might assert in pursuing exemptions from general secular laws. Judicial public reason does have the potential to defuse religious conflicts, however much it falls short in practice. (shrink)

This paper aims to perform a multi-level analysis of the Irish public discourse on Covid-19. Despite widespread agreement that Ireland’s response was rapid and effective, the country’s journey through the pandemic has been no easy ride. In order to contain the virus, the Government’s emergency legislation imposed draconian measures including the detention and isolation of people deemed to be even “a potential source of infection” and a significant extension of An Garda Síochána’s power of arrest. In April 2020, journalists (...) John Waters and Gemma O’Doherty initiated judicial review proceedings before the High Court to challenge such legislation, which they defined as unconstitutional, “disproportionate” and based on “fraudulent science”. The proceedings attracted widespread media coverage in what soon became a debate on the legitimacy of emergency legislation and the notion of ‘fake news’ itself. After a brief survey of the legislative background to Ireland’s Covid response, the argumentative strategy is analysed through which the High Court eventually dismissed Mr Waters and Ms O’Doherty’s challenge. Focusing on the process of justification of the judicial decision, the paper provides a descriptive account of the argument structure of the Court’s decision. This sheds light on the pattern of multiple argumentation through which the Court interpreted relevant norms in the Constitution and at once re-established the primacy of “facts” informing political decision-making at a time of national emergency. (shrink)

BURGESS J and PURKIS ME. Nursing Inquiry 2010; 17: 297–308 The power and politics of collaboration in nurse practitioner role developmentThis health services study employed participatory action research to engage nurse practitioners (NPs) from two health authorities in British Columbia, Canada, to examine the research question: How does collaboration advance NP role integration within primary health‐care? The inquiry was significant and timely because the NP role was recently introduced into the province, supported by passage of legislation and regulation (...) and introduction of graduate education programs. In separate and concurrent inquiry groups, the NPs discussed their practice patterns, role development progress and understanding of collaboration and role integration. The inquiry revealed the political nature of the NP role and the extent to which NPs relied on collaborative relations at all levels of the health system to advance role integration. Given that NP role development is still at an early stage in this province, as well as other provinces in Canada, this study provides important insights into the power and politics of role development, and offers direction for future role advancement. (shrink)

First published in 1982. Routledge is an imprint of Taylor & Francis, an informa company.

This paper explores the phenomenon of revisionism in historiography, while focusing in particular on illegitimate revisionism and negationism. It is indisputably true that historiography must be subject to constant revisions. Like all scientific theories, it needs to be characterized by a sort of?conservative? openness towards new ideas; however, revisions and negations are often put forward without scientific grounding. They reject the well-established historiographical methods, while opening themselves to various kinds of ideologies, biases and manipulations. The paper further offers a synthesized (...) overview of the revisionist practice in dominant parts of the society and historiography in post-communist Serbia. The change in the ideological paradigm that occurred in the 1980s was accompanied by a politically motivated reinterpretation of the past, which primarily focused on World War II in Yugoslavia. In Serbia in the 1990s, Tito?s Partisans were no longer celebrated as national heroes and fighters against fascism; they were replaced by the royalist and nationalist Chetniks led by Draza Mihailovic, whose collaboration with the occupying forces was purposefully glossed over. The nationalist interpretation of history and the new revisionist politics in Serbia were supported by the state and the activities of its three branches: legislative, executive and judicial. In spite of the political changes that took place in Serbia in 2000, the dominant nationalist matrix in historical interpretations and revisionist politics remained unchanged. (shrink)

The 2006 term of the United States Supreme Court is now well underway, and the results of the congressional mid-term elections are in. No doubt, decisions will be handed down and national legislation proposed – perhaps even enacted – that will directly or indirectly affect the physician-patient relationship as well as the profession of medicine itself. Of major concern to physicians, patients, and the lay public is the ongoing, rather contentious debate surrounding both patient access to adequate pain control (...) and what constitutes proper physician conduct in treating patients who are experiencing either chronic or end stage disease pain. Those knowledgeable in palliative medicine maintain that an “epidemic of undertreated pain” now exists, and probably has existed for more than a decade. A significant number of patients experience unnecessary pain and suffering, and this disturbing phenomenon is both an individual patient care problem and a public health concern. (shrink)

This article examines the temporal politics of the 2017 California Gender Recognition Act (CGRA). The author first offers a brief history of the dominant temporal requirements for “gender recognition” in prior legislation around sex/gender markers on identity documents in the United States and United Kingdom, focusing on how this legislation places temporal boundaries around legitimate gender identity. Then, turning directly to the CGRA, the author asks to what extent the act's emphasis on self-identification revises or intervenes in (...) these prior conceptualizations of time and identity by the state administration of sex/gender systems. The article closes with an exploration of the temporality of identity documentation itself, speculating about how this legislation might be placed more directly into conversation with the role of time in colonial and racial state building. (shrink)

© The Author. Published by Oxford University Press on behalf of the Oxford Centre for Islamic Studies. All rights reserved. For Permissions, please email: [email protected] Gabiam’s timely and original book makes an excellent contribution to the limited literature on Palestinian refugees in Syria. The need to be seen to ‘suffer’ as her title suggests has long been a mantra of Palestinian refugees throughout the Middle East. A visit to any Palestinian refugee living in a United Nations Relief and Works Agency (...) camp would be struck by the poverty and crowdedness of the camp as well as its bareness. But the situation for Palestinian refugees in Syria has always been somehow different. Of all the UNRWA countries, Palestinian refugees in Syria had more rights—guaranteed in legislation going back to the 1950s—amounting to a form... (shrink)

Henri Lefebvre speaks of space as a social product. Spatially, law operates as a social product when considering sites of imprisonment. Call them prisons, jails, or correctional facilities, people who violate the law go to these places for purposes of confinement, punishment, rehabilitation. However, with decades of increasing rates of incarceration, we can see that these places fail both the jailed and the external society to which they will return. Through overcrowding, exploitative private companies, and defunded social services, these places (...) continue to cause injustice as spaces in which the social product of rehabilitation is often lacking. However, on the Island of Hawai‘i, there is an alternative. In Hilo, the community-based organization ‘Ohana Ho‘opakele’ seeks to provide a Hawaiian holistic approach that will serve as an alternative to incarceration. Through wellness centers and the practice of traditional ho’oponopono, this group advocates for a spatially-oriented rehabilitative approach to restorative justice. A central feature is the land upon which the program will be situated and its organization as a self-supported ahupua‘a. This indigenous land division contains diverse and sustainable resources where the participants will be connected to Hawaiian culture and practices central to the concept of wellness for the person and the community. The group’s vision for this program is far-reaching as it will serve as a model for justice in the Restored Hawaiian Kingdom. In this paper, we will explore the vision of ‘Ohana Ho‘opakele against the backdrop of a politically westernized legislative-based response to the diasporic urgency of Hawaii’s incarcerated. (shrink)

The use of ethics in everyday nursing practice will become increasingly important to the individual nurse, and nursing as a profession, as technology has a greater impact on health status and the provision of health care. Resource allocation is only one example of an ethical issue in which nursing must have input. Nursing can expand its contribution to society by ensuring that it plays a major role in shaping public policy and legislation. If nursing is to continue to serve (...) the public, the involvement of nurses within the political process must be accepted as an ethical necessity. (shrink)

'Autonomy' is originally a political notion. In this chapter, I argue that the political theory Kant defended while he was writing the _Groundwork_ sheds light on the difficulties that are commonly associated with his account of moral autonomy. I argue that Kant's account of the two-tiered structure of political legislation, in his _Feyerabend Lectures on Natural Law_, parallels his distinction between two levels of moral legislation, and that this helps to explain why Kant could regard the notion of (...) 'autonomy' as apt to express the principle of morality---at least in the mid 1780s. (shrink)

The new critical edition of the works and correspondence of Jeremy Bentham (1748-1832) is being prepared and published under the supervision of the Bentham Committee of University College London. In spite of his importance as jurist, philosopher, and social scientist, and leader of theUtilitarian reformers, the only previous edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. Eight volumes of the new Collected Works, five of correspondence, and three (...) of writings on jurisprudence, appeared between 1968 and 1981, published bythe Athlone Press. Further volumes in the series since then are published by Oxford University Press. The overall plan and principles of the edition are set out in the General Preface to The Correspondence of Jeremy Bentham, vol. 1, which was the first volume of the Collected Works to bepublished.An Introduction to the Principles of Morals and Legislation, Jeremy Bentham's best-known work, is a classic text in modern philosophy and jurisprudence. First published in 1789, it contains the important statement of the foundations of utilitarian philosophy and a pioneering study of crime andpunishment, both of which remain at the heart of contemporary debates in moral and political philosophy, economics, and legal theory. Printed here in full is the definitive edition, edited by the distinguished scholars J. H. Burns and H. L. A. Hart. An introductory essay by Hart, first published in1982 and a widely acknowledged classic in its own right, is reprinted here. It contains an important analysis of Bentham's principle of utility, theory of action, and an account of the relationship between law and morality.A new introduction by the leading Bentham scholar F. Rosen, specially written for this Clarendon Paperback edition, provides students with a helpful survey of Bentham's main ideas and an extensive bibliographical study of recent critical work on Bentham. Professor Rosen's essay also contains a newanalysis of the principle of utility in Bentham's philosophy which is compared with its use in Hume and J. S. Mill. (shrink)

In Rousseau’s political theory, the Legislator’s task is to draft the best possible Constitution for a given people. His goal is to maintain the public liberties and to ensure the preservation and prosperity of the State. However, the main problem is “to put law above men” – that is: above the citizens in general and the members of the executive in particular. This paper examines how the Legislator takes up the problem by educating the citizens. The process of education implies (...) the development of reasonable thinking as well as the education of desire. Reasonable thinking is achieved through the formation of the general will. Education of human desire must be understood with respect to the distinction between amour-propre and amour-de-soi. The extension of amour-de-soi to a communityof fellow citizens plays a central role in the formation of the general will and contributes to the development of solidarity among the different social classes. Education of amour-propre plays a role in the development of a national identity. It plays also a role in the political governance of individual desires by means of an administration based on a hierarchy of functions, supervised by public opinion. However, the political governance of desire is challenged by the invisible power of money, which Rousseau tried to neutralize by limiting and slowing down the monetary circulation. (shrink)