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This chapter discusses the topic of medical authorities' invasion of individual bodies in detail on the basis of the case of Anna Justine Jumas. Anna refused to subject herself to a forensic assessment of her sex and her husband claimed that she was not a woman at all. Ambroise Tardieu, Amédée Courty and Philippe Jalabert agreed that a marriage between persons of the same sex was no marriage at all and should be radically nullified. It then argues that the pressure on Jumas to make her body available for medical examination was not an isolated instance of pressure on a disobedient woman. The discussion of the Jumas case in the forensic medical and legal literature at the time clearly shows that the right to establish a person's sex by means of coercing them into an invasive medical examination was by no means self-evident.
This chapter provides an analytical discussion of some major themes in Gewirth’s Community of Rights and Self-Fulfillment. The focus of the chapter is on how rights- and duty-bearing agents interact to create political community, and how the rights to freedom and well-being posited by his moral theory include the right to develop a conception of the good life to be pursued through political community. Such a community will enable capacity-fulfilment, self-respect, and self-esteem. The chapter draws out of Gewirth’s work the notion of a reasonable, situated, mutualist self, able to cooperate with other such selves to enact both the just and the good.
In conjunction with critical idealism, mimetic forms of materialism suggest that the possibilities for non-oppressive syntheses and realities are bound up with a libertarian union of intellect and feeling, planning and spontaneity. Reconsidered in the light of critical idealism, politics becomes an end in itself which is concerned with freedom and legitimacy in epistemological terms rather than with power and hegemony in disciplinary terms. The problems related to coerced reconciliation are especially difficult to pinpoint in liberal democratic legal systems, where authorisation is indirect and hegemony is more prevalent than outright force and propaganda. Reconciliation with external nature through libertarian socialism enables the expression of values to enter an aesthetic and cognitive dimension. The systematic appropriation of the knowledge of human nature of some citizens by others can be described as an appropriation of individual aesthetic value.
The 1960s were a turning point for Ireland. The shortcomings of planning legislation in the 1960s and the response of the 1973-1977 National Coalition government to alleged corruption, determined the framework for political culture for the subsequent thirty years. The John Kenny report exposed the anomalies of transferring benefits from land deals between companies under the same beneficial ownership. The 1963 Planning Act created eighty-seven planning authorities with responsibility for the preparation of development plans for Irish cities and towns. Apart from the tax loopholes and financial windfalls on rezoning decisions, the provisions of the 1963 Planning Act granted the Minister for Local Government, or his Parliamentary Secretary, absolute discretion on planning appeal decisions. The 1968 High Court bribery case and the 1975 James Tully's Tribunal of Inquiry underlined the potential consequences of any abuses of discretion.
In the years before 1660 print established itself, albeit in a rather precarious position, within Irish society. One of the first indications of the growing importance of the role of print in Irish society in the late seventeenth century was the rapid expansion of the print trades. By the end of the seventeenth century the rise of provincial printing came to supplement the production of the Dublin presses. Perhaps more importantly for the book trade in the longer term was the dramatic improvement in the distribution mechanisms. Institutions such as the state and the various churches had developed mechanisms for distributing their own sponsored works among their followers. It is possible to observe something of the effect of the growing volume of print available in Ireland in the late seventeenth century through the expansion of libraries.
Chapter 1 provides a working definition of the concept of citizenship, prior to its contested conceptions, and a selective critical overview of some current approaches to its theory. Citizenship denotes the relationship between an individual and a political locus, a relationship specifiable in three domains: reciprocal obligation, inter-subjective belonging, and action on matters of common concern. Our standard thinking about citizenship has assumed a nation-state, and has difficulties in conceptualising a non-national citizenship. Furthermore, many understandings of citizenship see it as privilege-conferring, a view to be rejected here. The chapter discusses the enduring influence of Marshall within this tradition of thinking about citizenship, and claims that the two assumptions on which his conception was predicated – that citizenship is the qualifying condition for entry into systems of rights, and that the only political community guaranteeing rights is the state – no longer hold. Conceptions of citizenship now need to notice the development of international human rights regimes, including the extension of rights to non-citizens.
This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book argues that an immanent critique of liberal epistemology leads to a re-examination of the question of the conditions of political legitimacy. It attempts to challenge the liberal democratic interpretation of the Enlightenment without advocating a return to metaphysical conceptions of the good or the establishment of a dictatorial order necessary to impose any political programme. The book seeks to provide the philosophical and political impetus for a relaunching of the Enlightenment project and the centrality of reason and law involved in that project. From the liberal democratic perspective, the ideals of the Enlightenment are thus best preserved through free institutions which do not attempt to impose a metaphysical and tyrannical vision of political legitimacy.
Drugs are endemic in the criminal law, not the least because many offenders are regular users of them. Understanding drug law and policy begins with understanding the diversity of drug effects. In this chapter, we consider some of the key offence provisions relating to drug crime. From the outset it is important to recognise that the substantive criminal law overlaps heavily with a range of investigative and procedural law, including rules of evidence. For present purposes we are confining the current work to the offence aspects of drug offences and restricting the analysis to unlawful drugs as opposed to the control of medicines. The investigation of crime, especially drug offences, has evolved into a highly complicated field of law and practice, involving intersecting state and federal laws regulating surveillance, telecommunications, controlled purchases and covert investigation. This field of law is highly technical, and beyond the scope of the present chapter.
One of the best-informed essays on William Camden was written by its quondam president, Sir Maurice Powicke. As Powicke reminds us, Camden was a cosmopolitan. So to ask whether he was one of the many is to face a paradox. Yet it was with Camden's works that this insular detachment began. The translations of Britannia and of his Annales of Elizabeth, not translations which he undertook personally, served to create an educated rather than learned English readership which appropriated his scholarship and turned it into a piece of English apartness, exceptionality and self-discovery. The philology of his Britannia may have been ‘pitiful’.But then, the foundations of historical criticism were not yet laid. What Camden did was to help to create the atmosphere in which they could be laid.
This chapter analyzes Clive Barker's 'The Forbidden' and Bernard Rose's Candyman, highlighting the feminine aesthetic of horror and how this is played out with respect to transformations of identity within horror film and fiction. It proposes that this form of comparative analysis, of the main elements of horror in a British story and its 'Americanised' Hollywood film version, can underscore the gendered dimensions of, and reactions to, horror narratives. The main themes of the short story, namely poverty, slums, class difference and folk culture, are easily mapped onto the film adaptation, replacing class with race as the main locus of the horror. In many respects, Candyman is a key text. Fans mention the strong female lead, the erotic appeal of the monster, their delight in the horrific imagery and themes, and a narrative that makes the viewer think.