This article explores blacklisting practices following the massive 1886 Southwest strike staged by the Knights of Labor (KOL) against Jay Gould's railroad empire. It focuses mostly on strike leader Martin Irons and blacklisting advocate and newspaperman J. West Goodwin. The strike, which started in Sedalia, Missouri, before spreading to other states, was a disaster for the KOL. The union declined in its aftermath chiefly because of the repression unleashed by public and private forces, including businessmen-led Law and Order Leagues. After the strike, employers blacklisted many, including strike leader and Sedalia resident Martin Irons. Irons, constantly on the move, suffered from joblessness, underemployment, arrests, and broken health before he died in central Texas in 1900. Few blacklisting advocates wanted Irons to suffer more than J. West Goodwin. The Law and Order League leader and newspaperman repeatedly wrote about what he considered Martin Irons's moral lapses and shortsightedness. By focusing on Goodwin's promotion of blacklisting and Irons's post-strike struggles, this essay helps us better appreciate the underexplored dimensions of this form of punishment.

Capacity evaluation has become a widely used assessment device in clinical practice to determine whether patients have the cognitive ability to render their own medical decisions. Such evaluations, which might be better thought of as “capacity challenges,” are generally thought of as benign tools used to facilitate care. This paper proposes that such challenges should be reconceptualized as significant medical interventions with their own set of risks, side effects, and potentially deleterious consequences. As a result, a cost–benefit analysis should be implemented prior to imposing such capacity challenges, and efforts should be made to minimize such challenges in situations where they are unlikely to alter the course of treatment.

That international law progressively recognises and prohibits emergent forms of torture and related ill-treatment has become widely accepted in the anti-torture discourse. The premise that torture's techniques and contexts change is taken to shape juridical recognition, representation and response. Authoritative international treaties, such as the UN Convention Against Torture, the European Convention on Human Rights and the Inter-American Convention to Prevent and Punish Torture, are therefore deemed ‘living instruments’ – influenced by social and scientific change as channelled through the doctrine of dynamic interpretation. This article argues, however, that these premises are not sufficiently empirically grounded and, far from faithfully reflecting social and scientific changes, invoke critiques around the ideological and epistemological registers of advocates and adjudicators. Taking scholarship on dynamic interpretation and forms of state violence which do not leave overt physical marks as paradigmatic entry points, this article problematises torture's juridical conceptualisation and contextualisation through a critical theoretical lens.

This article argues that street food was an essential part of the social reproduction of Mombasa's working class during the colonial period. Like in other expanding capitalist cities, as Mombasa grew, urban workers lived further from their place of employment, which meant they could not return home for their midday meal. Street-food vendors provided them lunch at low prices in convenient locations, and therefore reproduced the working day by provisioning the calories that bridged morning to afternoon. However, postwar municipal authorities also wanted to create a particular kind of urban society in which the ‘informal’ activities of street-food vendors did not fit, and tried to expel them from the city's streets. As these campaigns unfolded, an unresolved contradiction emerged between this elite view of Mombasa, and the reality that the services vendors provided were necessary for the reproduction of the city's economy.

In this paper we explore the absentminded driver problem using two different scenarios. In the first scenario we assume that the driver is capable of reasoning about his degree of absentmindedness before he hits the highway. This leads to a Savage-style model where the states are mutually exclusive and the act-state independence is in place. In the second we employ centred possibilities, by modelling the states (i.e. the events about which the driver is uncertain) as the possible final destinations indexed by a time period. The optimal probability we find for continuing at an exit is different from almost all papers in the literature. In this scenario, act-state independence is still violated, but states are mutually exclusive and the driver arrives at his optimal choice probability via Bayesian updating. We show that our solution is the only one guaranteeing immunity from sure loss via a Dutch strategy, and that – despite initial appearances – it is time consistent. This raises important implications for the rationality of commitment in such scenarios.

This article analyses the role coerced intermediaries had on colonial power and authority in the prisons of British India. Coerced intermediaries in this context were convicts placed in positions of control by the colonial prison administration as warders, overseers, and night watchmen and night watchwomen, summarized here under the term “convict officers”. These convict officers were employed by the colonial authorities to maintain a coercive order and became essential to the exercise of colonial authority and control in the prisons of British India. The article argues that with their employment, the colonial administration created a third group within its prisons, situated between the colonial administration and the inmates. This contradictory practice blurred the lines of colonial control and authority and raises larger questions about intermediation by unfree and coerced people in unfree and coerced colonial contexts. The focus here is not so much on what intermediation is but on what it does. At the same time, the article relates the system of convict officers as intermediaries to the theoretical concepts used by Foucault and Goffman and questions the binarity used in most of their theories.

This article explores the response of the postcolonial state to the question of widow immolation – sati. It demonstrates that the conversation on the practice of sati at the high point of Hindu law reform in the 1950s reflected the simultaneous pressures on the new democracy to establish rule of law while also accommodating the renewed reverence for tradition and religious custom in an independent nation state. Distinct from the colonial response to sati that treated women as either “helpless and pathetic” or “brave and valiant,” post-independence police records describe women committing sati mostly as “insane” or “not in their senses,” and yet chiefly responsible for their actions. The article contrasts administrative and parliamentary narratives of the crime. Local belief in miracles surrounding the performance of sati not only obscured the experience of the woman's suffering but also made collection of evidence in such a case particularly difficult. This rendered convictions of the abettors of such “painless suicide by insane women” weaker. Legal interventions in sati eventually prompted administrative responses to shift from emphasizing the “uncontrollability” of the spectacle to deeming the spectacle a necessary precondition in distinguishing a sati from suicide.

In the past few decades, caregivers, such as nursing assistants and home health aides, have come to compose the fastest-growing segment of the paid workforce in the United States. At the same time, corporate caretakers of workers’ savings, such as pension funds and mutual funds, have become the nation's largest investors, bound by fiduciary duties of trust. And unprecedented numbers of elder employees and retirees have become the biggest supposed beneficiaries of both care labor and trust capital, depending on health workers and asset managers in their daily lives. At the center of this emerging structure of work, wealth, and welfare lies the pension system, a telling crucible of class relations in our time. Several recent books across different disciplines examine the shifting politics of pensions in the United States and around the world. The spate of new studies presents an opportunity to explore the remarkable role of retirement funds in reorganizing labor and finance over the past fifty years. Rather than offering a historiographical critique of current work, this expository essay surveys the main findings of a larger and longer body of scholarship on organized labor and investment related to pensions. Though focused on the United States, it places the American story in a comparative context. The survey points to a fertile field for further study: as retirees have increasingly relied on professional asset managers and caregivers, the finance and health sectors have undergone converging crises over fiduciary duty and elder care, posing parallel challenges for organized labor.