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According to a well-established interpretive line, the Benthamic judge would be allowed no room for autonomous calculations of utility and his or her task would only be that of mechanically applying substantive law, which expresses the legislator's will. For Gerald Postema, in contrast, Bentham's judge would be granted ample power to decide cases by directly applying the principle of utility. This article criticizes both views, by showing that a ‘mechanical’ adjudication was for Bentham utterly impossible, although this does not mean that judges should be free to decide according to direct utility calculations. Judges must be the tutors of the citizens’ expectations, which, under a system of statute law, will focus on the code. However, they can avoid suboptimality in cases where applying a general rule would not maximize utility, without preponderant damage for law-induced expectations: Bentham's suggestion is that they do so by proposing amendments of the code to the legislature.
On 12 May 2011 at the seventh ministerial meeting, the member states of the Arctic Council (AC) signed the Arctic SAR agreement, the first legally binding agreement negotiated under the auspices of the AC. Its objective is to strengthen search and rescue cooperation and coordination in the Arctic. The purpose of this article is to explore why an agreement on search and rescue under the auspices of the AC has been negotiated; what its key features are; and lastly, how it is and will be implemented. It is argued that the SAR agreement is more important for the AC than for Norway. It has had limited practical consequences in that country. The agreement may be politically and symbolically significant but it has neither financially nor organisationally changed Norwegian search and rescue policy.
Conservative movements have generally played a negative role in accounts of the history of political expression in Britain during the period of the French Revolution. Where E. P. Thompson and others on the Left tended to identify radicalism with the disenfranchised and with a struggle for the rights of free expression and public assembly, conservative activists have been associated with state campaigns of political repression and legal interference. Indeed, conservatism in this period is typically conceived in negative terms, as antiradicalism or counterrevolution. If this has been the view of hostile commentators, it is consistent with a more sympathetic mythology that sees nothing novel about the conservative principles that emerged in late eighteenth- and early nineteenth-century Britain. They represent an establishment response to alien challenges. Even where conservatives set about mobilizing the resources of print, opinion, and assembly in a constructive fashion, the reputation for interference has endured. John Reeves's Association for Preserving Liberty and Property against Republicans and Levellers is a useful case in point, since it managed in its brief but enterprising history to combine fierce anti-Jacobinism with the later eighteenth century's rising tide of voluntary civic activism. The association came together at the Crown and Anchor Tavern when a group of self-professed “private men” decided “to form ourselves into an Association” and announced their intentions through the major London newspapers in November and December of 1792. The original committee then called on others “to make similar exertions in their respective neighbourhoods,” forming energetic local associations that would be linked by regular correspondence with the central London committee. In this way, the loyalist movement grew with astonishing speed.