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This article investigates how marginal individuals construct a productive self in an interview. It reports on a case study of three women—a squatter, a rough sleeper, and an Irish Traveller—who inhabit uncertain and threatened homes. In response to dominant discourses of productivity, in the interviews the speakers’ talk reflects the desire to be perceived as able and knowledgeable individuals. Thus, rejecting their marginal subjectivities, the three women propose profitable solutions to society's issues along the very same principles of productivity heralded by dominant society. Framed within a performative notion of identity, the study elaborates on the notion of a non-sexual desire as the trigger of most human actions. The results suggest that marginality is not a fixed and segregated state of being and the stereotype of individuals like those discussed in the study as passive and out of touch must be challenged. (Marginality, space, squatter, Irish Traveller, rough sleeper, desire/aspiration, epistemic and agentive self, neo-liberalism)*
My theoretical aim in this article is to focus on an examination of processual enactments of scale in light of the technological affordances that are currently at the disposal of a significant majority of humans. I offer the terms algorithmic scales and algorithmic scalar affordances to describe one activist's engagement of practical theories of scale—her ‘algorithmic imagination’ (Bucher 2017)—which led her to design her audience in ways intended to algorithmically scale up, or amplify, her activities on Facebook—to enhance their spread numerically, rapidly, and translocally, making use of the algorithmically constructed communicative possibilities or affordances available to her on the site. (Social media, scale, algorithms, audience design, Facebook, activism, nation, politics)
The rapid and widespread establishment of domestic environmental courts and tribunals raises important questions regarding their implications for international environmental law and global environmental governance. I use an interdisciplinary, multi-method approach to consider the capacity of domestic environmental courts to identify and apply norms and principles of international environmental law in domestic opinions. I first review existing literature, identifying jurisdiction, judicial discretion, and a court's position in a legal system as key institutional determinants of this capacity. I then develop a typology of domestic environmental courts and tribunals, which suggests that, all else being equal, a court with national geographic jurisdiction that also enjoys attributes of broad subject-matter jurisdiction and discretion may be expected to be best equipped to implement norms and principles of international environmental law. Next, I integrate existing assessments of environmental court presence with original outreach and web research to identify all countries which possess environmental courts, and assess a subset of eight existing national-level institutions. The analysis of this subset highlights the diversity of institutional models that can incorporate theorized best practices. Based on these findings, I draw several theoretical conclusions: specifically (i) the relevance of environmental court research to individual- and institutional-level analysis in transnational and international environmental law, (ii) the need for further legal-institutional analysis in global environmental governance scholarship, and (iii) the opportunity for further interdisciplinary analysis of the role of domestic courts in environmental governance.
Looking at Blau-Weiss as the first Zionist youth movement in Germany between 1912 and 1927, the article examines the role of dress in expressing new feelings of national belonging as “Jewish” in modern Germany. Drawing on publications of the movement, memoirs, and photographs, the article shows how Blau-Weiss members tried to become visible as Jews while at the same time trying to copy the dress codes of the nationalist German youth movement Wandervogel. It further shows how, after the First World War, Blau-Weiss tried to forge their own way of Zionist dressing. The article argues that it was not the actual clothes worn or the perception of others that was most crucial to the creation of a national Jewish identity, but rather the inner function that reflections and debates on dress had for Blau-Weiss members in forging and redefining their feelings of belonging and identification as Zionist Jews in Germany.
Governments sometimes adopt policies that are not aligned with their preferences or have not come onto their agendas when doing so is linked to a reward. International organizations can therefore set conditions for coveted membership that include adopting new human rights and regulatory policies. As international organizations increasingly converge around the UN Guiding Principles on Business and Human Rights, how might they promote national uptake of these guidelines? This article considers the prospects of accession conditionality in answering this question. The focus of the article is on European Union and Organization for Economic Cooperation and Development (OECD) expansion in Central and Eastern Europe, where uptake of business and human rights policies remains comparatively low. The article argues that while these organizations increasingly include business and human rights conditionalities in accession negotiations, there remains significantly greater scope for promoting the Guiding Principles.
This article analyzes how the multidirectional movement of legal and popular printed texts, newspapers, letters, and citizens contributed to the political and legal influence of individual lawyers across the Atlantic. It is based on a case study of leading common law barrister and Whig MP Thomas Erskine (1750–1823). It examines the dissemination of Erskine's legal and political arguments, and other publications in support of freedom of the press and the constitutional importance of trial by jury in libel trials. Erskine's Country Whig politics, key role in the passage of the 1792 Libel Act, and support for American independence were admired by American lawyers, diplomats, and politicians. His disinterested public service as an advocate meant he personified the ideal of a patriot lawyer that underpinned the classical republican model of law, citizenship, and politics on both sides of the Atlantic. Erskine's powerful, often emotive forensic rhetoric was equally admired as part of a shared transatlantic legal culture, linking law, politics and literature. The speeches were reprinted and widely circulated in edited collections, texts on oratory, trial reports, newspapers, and periodicals; key arguments were also referenced in legal treatises on libel. Hence, parts of his most significant speeches in English libel trials came to be regarded as “usable” legal texts studied by students and re-cited by American defense lawyers in court.