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The concept of “corporatism” has usefully called attention to the importance of systems of interest representation based on noncompeting groups that are officially sanctioned, subsidized, and supervised by the state. Yet these patterns have appeared in such a remarkable variety of political contexts that this concept may be too broad to be useful. On the basis of an analysis of the relationship between the state and organized labor in Latin America, this chapter argues that the concept of corporatism can be disaggregated so that it sheds light on rather than obscures the different power relationships and political contexts with which it is associated. The analysis focuses on the distinction between “inducements” extended by the state to win the cooperation of groups and “constraints” through which the state directly controls groups. This disaggregated approach enables one to distinguish more subtly among systems of group representation, to conceive of state–group relations in more interactive terms, and to gain insights into the larger political context.
Edited by
Liz McDonald, East London NHS Foundation Trust,Roch Cantwell, Perinatal Mental Health Service and West of Scotland Mother & Baby Unit,Ian Jones, Cardiff University
Millions of women and girls worldwide experience violence. Violence against women and girls takes many forms, including physical, emotional and sexual violence and abuse, which is associated with a range of adverse impacts on women, their families and society as a whole. Health professionals supporting women during the perinatal period should assess the risks posed by exposure to previous or current violence and how this may affect them during pregnancy. As an important risk factor in a woman’s mental health presentation, psychiatrists working with pregnant and postpartum women should consider the presence of violence in their formulation; it can increase the risk of anxiety, depression and post-traumatic stress disorder (PTSD). Domestic violence and abuse increase the risk of domestic homicide and may play a role in many perinatal suicides. Sensitive assessment and effective management of women exposed to violence can improve engagement with mental health services and response to treatment.
This chapter introduces the potential legal consequences of occupational sexual harm of medical practitioners by medical practitioners, and outlines some of the reasons for non-reporting in the criminal context. The challenges of reporting of sexual harm in the workplace are discussed and followed by three illustrative case studies from Australia one from a criminal court, one from a civil court and one case brought by the Medical Board to the Administrative Appeals Tribunal. The chapter concludes with the recognition that complex structural and cultural environments exist which deter some victims from pursuing legal redress and can inadvertently harm those who do pursue it. Solutions are not simple or easy and, irrespective of the prevalence of occupational sexual harm, pursuit of legal claims is likely to remain low due to the personal and professional risks a complainant endures.
In 1962, John F. Kennedy proposed withholding for taxes on dividends and interest to close the large gap between dividends and interest paid and reported. Despite the familiarity with wage withholding, the proposal encountered an enormous wave of public opposition, generating one of the most significant letter-writing campaign ever mounted. Congress relented and stripped the dividend and interest withholding provision from the bill in favor of new information reporting requirements. Why did dividend and interest withholding generate such a populist revolt? In part, the populism on this issue was manufactured by the business community. Banks and corporations mobilized their depositors and investors to contact their congressmen to protest the proposal. This is only part of the story, however. The industry-led campaign struck a chord with taxpayers who had become disaffected by the special tax preferences and shelters enjoyed by high bracket taxpayers. They viewed omitting dividends and interest as their form of self-help, while others were indignant that Congress would attack tax evasion by going after them before solving high-end tax evasion first.
This concluding chapter puts land at the heart of the “China model,” linking legal, fiscal, financial, and political features of the system to explain the roots of China’s contemporary economic challenges, including the real estate crisis, land-backed debt, and abortive property tax initiative. It also extends the theory beyond the Chinese case in three ways. First, it revisits the paradigmatic case of post–Glorious Revolution England in light of China’s experience, suggesting that, in the context of technological change, property rights over land were less secure and governance less democratic in the early eighteenth century than presented in some of the development literature. Second, it examines the relationship between the ease or difficulty of using law to reassign land rights and promotion of transformative economic growth in the case of contemporary India. These comparisons point to the significance of regime type—authoritarian vs. democratic. Regime type shapes the ease with which the state can reassign land rights and how the state manages the conflict that results from the redefinition of property rights. Third, the chapter examines the redefinition of property rights over personal data as a driver of growth in the new information economy as well as a new source of conflict.
This chapter theorises ethnicity as a mode of thought and identification around which ways of being, acting and relating are organised. It is one among many possible anchors for identification, solidarity and difference, though it is the most prominent in Kenya. I discuss how this became so, describing identity and community before colonialism, and offering a history of how ethnicity organised social life under and after colonial rule, especially around elections. I provide a sketch of varied ethnic identifications in Kenya, demonstrating immense variety, not all of which obviously fit an ethnic framework, and many of which entail politics quite different from the ‘big 5’ which dominate studies of elections. Finally, I situate the case of Kenya in a comparative context, highlighting key features of how ethnic classification has operated in Kenya, including reification, colonial penetration, nationhood, demography, and differences between direct and diffuse effects of identification. This section shows that both ethnicity and its classification can be conducive to pluralism and solidarity in Kenya, but perhaps not in other contexts.
Edited by
Liz McDonald, East London NHS Foundation Trust,Roch Cantwell, Perinatal Mental Health Service and West of Scotland Mother & Baby Unit,Ian Jones, Cardiff University
Benefit of clergy marked a major difference between clergy and laity by the twelfth century, at least in theory. In theory, it granted clergy accused of violent and other crimes immunity from lay justice. It was a cause of the famous clash between Henry II and Thomas Becket, and historians of the Becket ‘crisis’ have thus seen it as a point of conflict between Church and ‘State’. This chapter attempts a different approach, to see it from the perspective of clerical defendants. It begins by tracing the privilege’s evolution in canon law and canonistic doctrine. This legal theory increasingly insisted on clerical immunity from lay jurisdiction but to some extent allowed clerical defendants to submit to lay jurisdiction with episcopal consent, and bishops to hand over incorrigible clerks to secular correction. In subsequent English practice, clerical defendants appeared before lay criminal courts but increasingly fewer pleaded immunity and sought to be handed over to church courts. The reason is that they faced long detention in episcopal custody before their church trial; they preferred instead to explore every means to acquittal in lay courts before pleading clergy as a last resort.
Chapter 3 (The Second Temple/Tannaitic Portrayal of Transgressive Worship): In this chapter, I focus on Jewish texts from the mid to late Second Temple period and the tannaitic period (i.e. from around the end of the third century BCE to around the third century CE). I argue that texts from this period frequently portray the worship of other gods and the reverence of their icons as insincere, and I present a taxonomy of different ways in which such a portrayal manifests itself within this literature.
Our next aim is to extend the results of Chapter 2 and introduce a notion of weak solution to gradient flows in metric measure spaces in a fairly general setting. Our main assumption is that the functional only depends on the differential of a function. In particular, this setting covers the case when the functional only depends on the function through its minimal p-weak upper gradient. In this entire chapter, we assume that p > 1 and that we work with a convex and lower semicontinuous functional defined on L2, which is given by a composition of the differential and a non-negative, continuous, convex, and coercive functional defined on the cotangent space. We first present the general framework under the minimal structural assumptions described above. Then, we apply the newly developed techniques to study a specific functional with inhomogeneous growth, which is the sum of two Cheeger energies for different exponents.
This chapter begins by exploring the concept of legitimacy, which the CCP regime seeks to achieve in part through its project of legal construction. It employs official data and primary documents to present multiple aspects of access to justice nominally afforded by the legal system: training of a cadre of legal professionals, provision of institutions for dispute resolution—including mediation, petition, and litigation, establishment of state-sponsored legal aid, and implementation of an official campaign to imbue Chinese citizens with legal consciousness. It concludes with an assessment of China’s model of legal development, reviewing arguments about law and order, order maintenance, pure legality, normative and prerogative aspects of the dual state, and legal dualism. The illiberal system of law is a powerful tool in the hands of the party-state.