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When people do not approach a formal court of law to settle their disputes, and cannot enter into out-of-court settlements either, what do they do? I find that people install court-like processes which mimetically follow the court procedures, executing the settlement as if the decision were rendered officially. By examining such practices in the case of divorce-related disputes in India, I advance a theory of legal apparitions, a phenomenon in which cosmetic mimicry of legal processes creates a new form of extra-legal resolution. This is likely to prevail in societies where access to justice is hindered due to socio-institutional factors and customary forms of adjudication are not possible (sometimes because of state law’s design). This idea can be used to explain a range of practices observed in South Asian societies, where people’s imagination of, and interaction with, legal apparatuses creates new forms of institutions.
This special issue explores the power that images with a techno-scientific content can have in international relations. As we introduce the articles in the collection, we highlight how the study of this influence extends current research in the separate (but increasingly interacting) domains of history of science and technology, and political science. We then show how images of different types (photographs, cartoons and plots) can inform inter-state transactions through their public appeal alongside the better-studied dialogic practices of the diplomatic arena. Finally, we offer an analysis of the interlacing of different diplomatic tracks based on words and images and conclude that, in contrast with words, images conflate agency and argument, therefore creating opportunities to inform transactions and negotiations which their designers may not have even intended.
Challenging the common assumption that legal misunderstanding was pervasive, this article analyzes jurisdictional politics as an element of “interpolity law”—a broad framework for legal interactions across polities and regions in the early modern world. It draws on recent research on jurisdictional politics to show how such an approach allows historians to avoid some of the familiar pitfalls associated with studies of legal pluralism. This approach provides clear methodological advantages over the study of global legal history as a function of multi-normativity. Political communities across the globe centered on internal and external conflicts on the nature and reach of legal authority. By focusing on jurisdiction as a touchstone of legal action and tracing how legal authority was produced through conflict, our approach treats legal pluralism as a valuable descriptive term rather than an analytical framework. The study of jurisdictional politics portrays state authority as potentially one among many forms of legal authority, and it brings into sharp focus continuities within and across pluri-political regions. By tracking broad institutional shifts that occurred when empires and states moved to assert power over multi-jurisdictional orders, the perspective informs new narratives about trajectories of regional and global legal order.
In this article, we explored the pitch contour patterns of the French discourse marker donc in realizing different pragmatic functions from native and non-native oral corpora in French. Statistical analyses using generalized additive mixed modeling revealed that even though Mandarin Chinese L1 speakers learning French also used the pitch cue to realize pragmatic functions, their prosodic pattern is different from the native pattern. Their L1 Chinese seemed to influence their usage of the pitch cue significantly. In addition, women were shown to be better than men in using the pitch cue in conveying pragmatic functions with a closer pattern to the native pattern. Overall, our study sheds new light on the relationship between speakers’ L1 and L2 regarding the interaction between pragmatic and prosodic features. It also provides new reflections on the acquisition of socio-pragmatic competence.
Soda taxes are controversial. While proponents point to their potential health benefits and the public projects that could be funded with their revenue, critics argue that they are paternalistic and regressive. In this paper, we explore the prospects for designing a just soda tax, one that appropriately balances the often-competing ethical considerations of promoting social welfare, respecting people’s autonomy and ensuring distributive fairness. We argue that policymakers have several paths forward for designing a just soda tax, but that the considerations relevant to ethical policy design are more complicated than is sometimes acknowledged.
Desire satisfactionists are united by their belief that what makes someone well-off is the satisfaction of their desires. But this commitment obscures a number of underlying differences, since there are several theoretical choice points on the way to making this commitment precise. This article is about two of the most important choice points. The first concerns an epistemic requirement on well-being. Suppose that one's desire that P is satisfied. Must one also know (or believe, or justifiably believe) that one's desire that P is satisfied in order to benefit from P? If so, there is an epistemic requirement on well-being. The second concerns the time at which one benefits. Well-being is a temporal phenomenon: given that one benefits from the satisfaction of one's desire that P, when does one benefit? Perhaps one benefits at the times at which one desires P, or the times at which P obtains, or both. I defend a view I call “concurrent awareness desire satisfactionism”: one benefits only at times at which both one desires P and P obtains (concurrence) and one benefits only if one is aware that one's desire is satisfied (awareness). I motivate this view by showing how it gives us solutions to many of the canonical problems facing desire satisfactionism. Then I put the two parts of the view together and explore some of its further implications. Ultimately, I conclude that well-being is an organic unity composed of a desiderative component, an epistemic component, and a worldly component, none of which are valuable on their own, but which are valuable when they are related in the right way.
In recent years, a number of jurisdictions have recognized diverse ecosystems and other-than-human organisms as legal persons. From national constitutions and legislation to subnational judicial decisions and ordinances, these legal experiments have extended legal personality to riverine and terrestrial ecological communities, including vast geographical areas and the beyond-human beings that inhabit them. A growing body of literature engages with these developments and, in particular, their consequences for states and governments. However, few analyses have considered the practical implications they may present for private organizations operating under company law. We address this research gap and explore potential challenges and opportunities that the recognition of ecosystems as legal persons may create for private legal persons, especially corporations. We also discuss the possible impacts and opportunities of the expansion of legal personality on company law and corporate practice more broadly, arguing for a reimagination of company law. This reimagination embraces an ethics of reciprocity, responsibility, and relationality between corporate entities, and ecological and human communities.
The love story between Chibinda Ilunga and Lueji, one of the best-known legends of Central African history, recounts the genesis of the Mwant Yav dynasty of the Lunda polity. Previous discussions of the narrative pitted symbolic interpretations against historical findings. This article asks why the Lunda love story became so influential from the middle of the nineteenth century. Instead of being an exclusively Lunda genesis narrative, the love story represented the interests and narratives of societies brought together by the caravan trade in Kasai and eastern Angola, including Chokwe, Ambakista, Luba, and Imbangala, all of whom added components to the legend compiled by Portuguese explorer and diplomat Henrique Dias de Carvalho. The legend took on importance as diverse factions competed for political titles and trading profits. In the hands of Carvalho and his informants the love story became a tool to construct a Pax Lunda guaranteed by the Portuguese. By demonstrating the quotidian politics of the love story, the article suggests the utility in the historical contextualization of the telling of oral traditions to appreciate their multiple meanings.