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In this article I bring Henry James's novella The Turn of the Screw, Benjamin Britten and Myfanwy Piper's opera based on the novella, and elements of the 2011 Glyndebourne production of the opera into interaction with theories of the uncanny to wonder about the act of reading. This novella and opera thematize reading in connection with the uncanny and the ghostly, providing an opportunity to pursue what might be at stake and what might be possible when boundaries blur and meaning is put in motion. I begin to explore uncanny reading as a tool to unsettle binary logics and one-to-one mappings. I consider the uncanny as connective tissue between theoretical makings related to identity, relationships, and the potentialities of fiction. And I put these ideas into interactive practice as I self-consciously read this opera, to connect to and challenge normative and oppressive forces, impulses, and systems, including cultural scripts, social power structures, and ways of knowing and interacting.
John Harris has made many seminal contributions to bioethics. Two of these are in the ethics of resource allocation. Firstly, he proposed the “fair innings argument” which was the first sufficientarian approach to distributive justice. Resources should be provided to ensure people have a fair innings—when Harris first wrote this, around 70 years of life, but perhaps now 80. Secondly, Harris famously advanced the egalitarian position in response to utilitarian approaches to allocation (such as maximizing Quality Adjusted Life Years [QALYs]) that what people want is the greatest chance of the longest, best quality life for themselves, and justice requires treating these claims equally. Harris thus proposed both sufficientarian and egalitarian approaches. This chapter compares these approaches with utilitarian and contractualist approaches and provides a methodology for deciding among these (Collective Reflective Equilibrium). This methodology is applied to the allocation of ventilators in the pandemic (as an example) and an ethical algorithm for their deployment created. This paper describes the concept of algorithmic bioethics as a way of addressing pluralism of values and context specificity of moral judgment and policy, and addressing complex ethics.
This article uses the postwar trial of Fascist Italy’s most prominent general, Rodolfo Graziani, to examine issues of transitional justice and the formation of popular memory of Italian Fascism and colonialism after 1945. During the Fascist ventennio, the regime constructed Graziani as the nation’s colonial ‘hero’ despite his leading role in genocidal measures during Fascist Italy’s colonial wars in North and East Africa. His position as minister of defence in Mussolini’s Nazi-backed Salò Republic in 1943–5, however, threatened his heroic reputation as he worked with Nazi commanders and became responsible for atrocities against Italian civilians. After the Second World War, Graziani was tried for Nazi collaborationism at the Supreme Court in 1948, but his colonial conduct was left unquestioned. Unlike in the Nuremberg Trials in post-Nazi Germany, few Italians were tried for war crimes after 1945. This historical inquiry analyses the legal proceedings, transnational representation and outcome of Rodolfo Graziani’s 1948 trial as an emblematic case study to explore de-fascistisation and decolonialisation initiatives and their limitations in post-Fascist postcolonial Italy.
My contribution to this Forum highlights the ways that Michael Willrich’s story of early-twentieth-century anarchism intersects with and complicates existing scholarly accounts of the development of the American “surveillance state.” My essay reflects on the way the subjects of Willrich’s history—immigrant radicals, those who sought to subdue and deport them, and those who defended them—shine a new light on ongoing struggles over the boundaries of modern social regulation.
Using newspaper coverage of women's and girl's property offences in minor English and Irish courts, I analyze courts’ use of Catholic convent institutions between 1930 and 1959. Coverage of minor local hearings offers access to everyday cases, where boundaries between moral and legal transgression were blurred. I explore three interlocking themes in newspaper reports. First, those courts sent to convents were punished, at least in part, for breaching prevailing gendered moral norms. Second, judges represented convents as sites of moral reform; justifying convent detention by reinforcing gendered notions of damaged female agency. Finally, judges sent women and girls to convents even when they publicly resisted. In these ways, courts reinforced reliance on convents for gendered “moral reclamation.” In the conclusion, I explore the argument's implications for state reckoning with historical abuses in institutions like Ireland's Magdalene laundries, showing how abolition feminist legal histories can pose new questions about relationships between law and the experience of mass incarceration.
Kenya's first post-colonial government, under Prime Minister Jomo Kenyatta, came to power in December 1963 having adopted emergency powers and security legislation that had been used in the colonial suppression of the Mau Mau rebellion. Kenyan nationalists opposed this authoritarian and often draconian legislation in the 1950s for its abuses of human rights and excesses of state powers. This article explains how Kenya's nationalists came to accept and adopt this legislation, illiberal emergency powers becoming a key element in the protection of the fragile bureaucratic-executive state after 1963. An account is given of how colonial security officers used emergency powers in the counterinsurgency against the Mau Mau. In the decolonization process, the continuing activities of Mau Mau's Kenya Land and Freedom Army, the shifta secessionist movement in the Northern Frontier District, and political opposition from within the Kenya African National Union (KANU) party threatened Kenyan stability. To combat these challenges, colonial officers and nationalists alike agreed to retain colonial security laws, especially the Preservation of Public Security Ordinance. The legacies of colonial law therefore remain prominent in Kenya's security legislation and have been used as recently as 2023 to deal with perceived threats to the bureaucratic-executive state.
This essay contributes to the Forum on Michael Willrich’s American Anarchy. It considers the book’s contribution to the history of political economy by exploring anarchists’ politics of political economy–the political ideas and practices they deployed to topple industrial capitalism and the powerful American state that fueled it.
This article makes the case for recognizing the connection between the Poor Law and the Adoption of Children Act 1926. A child who received welfare under the Poor Law could be de facto adopted by the guardians as early as the late-nineteenth century. Very little is known about this type of de facto adoption which is a significant gap because over 10,000 children were adopted in this way, and it provided the basis for latter de jure adoption. This article initiates the process of filling this gap by exploring archival resources to determine why children were de facto adopted under the Poor Law before the introduction of de jure adoption in 1926. Understanding this form of de facto adoption is important because it was justified as a mechanism of child protection, but this article contends it was another form of punishment designed for families experiencing material deprivation which directly influenced the law on de jure adoption in England. By establishing the connection between the 1926 Act and its Poor Law predecessor, the de jure adoption framework can be contextualized within its wider social history which is embedded in class conflict and distrust toward impoverished families.
From a comparative perspective, this paper argues that early Chinese empires lacked the concept of talion or tort law when malicious violence or intent became factors. Instead, wrongdoers were required to pay fines to the government or received punishment as hard labor for the state. Victims not only could not receive compensation but were sometimes punished along with the offender if their loss was perceived as a loss to the empire. I argue that the absence of corrective justice in criminal cases can be traced back to the philosophical underpinnings of the body politic, a prominent discourse in early China that viewed the emperor and the people as a single, organic entity. When people were conceived of as constituting a unified, singular entity, criminal actions against an individual were interpreted as damage to the empire. Therefore, punishments for offenders were designed to compensate the empire, not the individual. Furthermore, in the context of the body politic, the suffering of both victims and offenders was regarded as metaphysically equal, which justified frequently pardoning culprits on a large scale to secure harmony within the empire. Originally, the body politic was employed to admonish and criticize the throne, urging the emperor to align his interests with the well-being of his people, but in practice, it compromised the practice of justice.
France ceded territorial claims to Newfoundland to Britain in the 1713 Treaty of Utrecht, but French fishermen retained rights to operate seasonal cod fisheries along a stretch of coastline known as the French Shore. The treaty was one of several laws formalizing the property regime based on the commons that emerged among European fishermen in the sixteenth and seventeenth centuries. Several demographic and geopolitical changes converged after the Seven Years’ War (1756–63) to raise the question of whether French fishing rights on the French Shore were exclusive or concurrent with British fishing rights on that coast. Treaty and customary law seemed at odds on this question, forcing fishermen, merchants, naval officers, and ministers to articulate what constituted property and how property should be conceived if an interimperial commons were to work. The conflicts that transpired highlighted how they answered these questions differently. Agents of the state tended to promote the commons while some British subjects tried to create a real property regime from below. Disputes over real property formation on the French Shore show another dimension of the early modern enclosure process, demonstrating both the role of the commons in empire and the challenges of resource management in an interimperial space.