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I argue that a notorious passage from Utilitarianism concerning the relationship between morality and blameworthiness need not be an obstacle to a consistent act-utilitarian interpretation of Mill's moral theory. First, the Art of Life provides a framework for reconciling Mill's evaluation of conduct in terms of both expediency and blameworthiness. Like contemporary sophisticated act-utilitarians, Mill treats expediency as the more fundamental category of evaluation. Second, textual evidence suggests that, on Mill's view, evaluations of blameworthiness are not strictly bound by rules, despite rule-ish considerations about punishment and discretion. Third, Mill's own jurisdictional account in terms of competent decision-making remains consistent with the act-utilitarian interpretation.
The present study was conducted to determine the elemental concentration and bacterial presence in the ocean on the two sides of Brøggerhalvøya, a peninsula in Svalbard. Sediments from 25 different locations were collected and subjected to elemental analysis using inductively coupled plasma mass spectrometry (ICPMS). In total, 21 elements were analysed. The elements in their decreasing order of concentrations on the Kongsfjorden side of Brøggerhalvøya were Fe> Mn> Ba > V > Zn > Sr > Rb > Cr > Li > Ni > As > Pb > Cu > Co > Cs >Ag > Be > U> Bi >Tl > Cd while that for Forlandsendet side of Brøggerhalvøya they were Fe > Ba >Mn > V> Sr > Zn > Rb > Cr > Li > Ni > Pb > Cu > As > Co > Cs > Be > U> Tl > Bi > Cd. On the other hand, at a coastal outcrop, elements in their decreasing order of concentration were Fe > Mn > Cr > Sr > Ba > Rb > Cr > Zn > V > Rb > Ni > Li > Co > Cu > As > Pb > Cs > Be > Cd > Tl > U > Bi. AMS dates confirmed the age of outcrop sediment to be 12,496 to 42,500 BP. The crustal enrichment factor calculated for all the elements with reference to Fe values, demonstrates that the elements have derived from a crustal source. Total bacterial counts ranged from 3.30 × 105 to 3.02 × 106 per gm soil sediment. Culturable bacterial counts in these sediments were between 2.00 × 102 to 2.09 × 105 CFU's per gm. Overall comparison showed high Fe and Mn concentrations around Brøggerhalvøya, due to the presence of specific bacteria which play key roles in metal cycling and carry out biogeochemical transformations.
This article explores a puzzle in Canadian legal historiography: the meaning of “British justice” and its relationship to race. Scholars have noted the use of this term in the interwar years of the twentieth century, to object to demonstrations of racial bias in the legal system. The puzzle is why. From the mid-1850s onward, statutes aimed at circumscribing the rights and opportunities of aboriginal people multiplied. British Columbia passed anti-Chinese, anti-Japanese, and anti-Indian legislation. Saskatchewan prohibited Chinese and Japanese employers from hiring white women. At least some officials supposed that legislation targeting African Canadians would be permissible. In 1924, the Toronto Telegram called for a poll tax against Jews. It is clear that between 1880 and 1920 or thereabouts, federal and provincial law was deeply involved in creating and reifying legal categories that rested explicitly on physical distinctions perceived to exist among people, which were assumed to signal morally and legally relevant characteristics. Why, then, would anyone have thought that “British justice” should be a shield against racism?
In 1795, a disgruntled George Wythe published his own edition of decisions from Virginia's newly formed High Court of Chancery, of which he was the sitting judge. Wythe's volume was replete with rebukes of his fellow justices in the court system for their lack of erudition and grounding in the distinctive principles and procedures of common law and chancery jurisdictions. His own copy of the volume, which, like many of his books that found their way into the library of his prize pupil, Thomas Jefferson, includes Wythe's handwritten appendix to the series of references he had made to classical literature and rhetoric in his own remarks, including several to the legal arguments of Demosthenes, and most strikingly to Sophocles' Antigone. Like much of their correspondence, their respective legal arguments as attorneys, and Thomas Jefferson's own massive commonplace books of common law and equity jurisprudence, Wythe's extensive commentaries signify not only the continued appeal and display of an early modern humanist legal and intellectual culture, but also the centrality and power of the idea of equity in that culture and for its successors acting in the Atlantic and imperial constitutional crisis of the second half of the eighteenth century.
This article explores the ways in which Silvio Berlusconi might figure in collective memory. It approaches this from a number of angles. First, consideration is given to the way political figures of the past have resonated culturally and the role of institutions including the mass media in this. Second, Berlusconi's own efforts to situate himself in relation to a shared past are explored, with reference to the place of three nostalgic appeals that figured with varying intensity at different points in his career. Third, Berlusconian aesthetics are investigated to explore the relative roles of kitsch and glamour. It is shown that kitsch gained the upper hand and that this also manifested itself in the monarchical aspects that his personality cult took on. Finally, Berlusconi is considered as a possible subject for a biopic and a discussion is offered of the way his life and career might be presented in different variants of this genre. Overall, it is suggested that expectations that he will be damned by history fail to take account both of the way he imposed himself on the collective consciousness and of the generic requirements of the mass media.
Cristina Dallara: Powerful resistance against a long-running personal crusade: the impact of Silvio Berlusconi on the Italian judicial system
Il conflitto tra magistratura e politica ha rappresentato uno dei tratti caratterizzanti del ventennio berlusconiano. L'articolo si propone, pertanto, di analizzare l'impatto e l'effetto di tale conflitto sul funzionamento del sistema giudiziario italiano e sul lavoro dei magistrati. Sebbene il tema sia complesso e oltremodo difficile da operazionalizzare fornendo chiare evidenze empiriche, l'analisi qui proposta consente di affermare che gli effetti concreti sul funzionamento del sistema giudiziario italiano non siano stati dirompenti. La magistratura italiana, grazie alle forti garanzie di indipendenza e al solido impianto istituzionale previsti dalla Costituzione del 1948, è riuscita a “resistere” ai frequenti “attacchi normativi” (provvedimenti e proposte di riforma) messi in atto dalle coalizioni di centro-destra per ridurre l'autonomia del potere giudiziario e per garantire scudi processuali per il premier (leggi ad personam). Vari provvedimenti sono stati abrogati dalla Corte Costituzionale o significativamente depotenziati nella fase di implementazione, grazie all'autonomia organizzativa dei magistrati nell'esercizio delle loro funzioni. Inoltre, sebbene costantemente presente tra gli obiettivi dei vari governi Berlusconi, nessuna riforma organica della giustizia è stata portata a compimento. La riforma Castelli del 2005 è stata, infatti, drasticamente modificata con il cambio di governo del 2006. Il conflitto tra magistratura e politica, personificato da Berlusconi, sembra invece aver esercitato un'influenza notevole sull'opinione dei cittadini in merito alla fiducia nella magistratura. La conseguenza piò chiara del ventennio berlusconiano sembra essere ravvisabile nella crescente polarizzazione dell'opinione pubblica su due opposte visioni di giustizia (magistratura politicizzata vs magistratura imparziale). La giustizia, infatti, rappresenta oggi un vero e proprio cleavage della società italiana. Tale cleavage ha sicuramente avuto l'effetto di distogliere l'attenzione dai reali problemi organizzativi del sistema giudiziario, con cui si scontrano i comuni cittadini.
Silvio Berlusconi impacted massively on Italy's party politics. He restructured the right via Forza Italia and the People of Freedom co-creating a bipolar party system whilst championing a radical personalisation of politics. The new party system appeared to rotate around him, creating an unusual version of ‘moderate pluralism’. Thus, whilst there was government alternation, there was also gladiatorial confrontation more typical of ‘polarised pluralism’. More effective as an electoral mobiliser than a government leader, Berlusconi's fourth government collapsed in the face of the 2011 economic crisis. His party, whose institutionalisation had been prevented by the extreme personalisation of his leadership, began to fall apart, whilst voter disillusion boosted support for a new party, the Five Star Movement. By 2014, it appeared that Berlusconi's major legacies were the rise of Matteo Renzi, the new Prime Minister and leader of the Democratic Party; his failure to construct an enduring, moderate conservative party; and the exceptional success of the Five Star Movement.