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In this chapter, a particular form of intercession, namely snatching from the gallows, highlights how the existence of different moral codes could generate tension in society. An insistence on mercy, especially but not exclusively found in ecclesiastical discourse, conflicted with the logic of imperial law, which did foresee the death penalty for certain crimes. In recognition of this moral imperative, we see emperors recalling at the last moment from the scaffold individuals whom they had themselves condemned, whilst the people and especially monks also interrupted executions. The usually lenient way in which emperors dealt with such illegal actions shows how upholding the legal order stood in tension with the virtue that was expected of the emperor.
This chapter foregrounds practices of colonial warfare, focussing on the transimperial knowledge behind scorched earth and extermination. The first section identifies devastation and hunger war as the most common practice of colonial war, specifically colonial in the way it was racialised, applied ubiquitously and considered self-evident. In line with the book’s argument, it is argued that the contestation and final abandonment of the method by the Dutch in Aceh represent less of a national particularity than it might appear. The second section departs from conventional approaches to colonial genocide and explores how exterminatory practices were part of Western thought on colonial warfare. There were specific war contexts in which extermination became thinkable, even if these were not held to apply to the majority of colonial wars. Thus, somewhat paradoxically, extermination was an inherent and at the same time relatively minor presence in thinking on colonial war. Engaging with theories of German colonial particularity, the chapter applies these findings to the genocide in German South West Africa, showing how the actions and motivations standing behind it fit into broader transimperial patterns.
There is a certain flip-flop mentality at play when it comes to assessing the green revolution. In many popular accounts, in reflections by scientists, or in policy discourses, the green revolution often comes across as all good or all bad. In the context of the prevailing charged debate around the subject, it may be better to assess the green revolution with a historical contextualization that highlights the contingencies and pitfalls of agrarian transformation. Its history reveals that HYVs are no magic wand that can transform agrarian lives for the better anywhere, anytime. A historical analysis also implores us to not to criticize the green revolution for not solving every problem of poverty and underdevelopment.
This chapter provides a preliminary sketch of the Supreme Court of the current era. It describes the distinctive political environment in which the sitting justices were appointed and in which they function. It highlights the role that a conservative legal organization, the Federalist Society, has played in vetting potential nominees and in ensuring that the sitting justices who were appointed by Republican presidents are reliably conservative in their commitments. The chapter also discusses the rise of originalism as a theory of constitutional interpretation and frames issues about the relationship between originalist methodology and substantively conservative values that will be a focus of attention through the remainder of the book. Finally, it gives introductory, capsule biographies of each of the current justices. As later chapters will elaborate, it is impossible to understand the Court’s dynamics without a grasp of how the individual justices, taken one by one, approach their jobs.
Chapter Three develops the argument in favor of strong judicial review to correct malfunctions in our electoral system. The first section analyzes flaws in our current electoral system, explaining why the market for elective office is not sufficiently competitive. The next section reviews the Warren Court’s decisions in key malapportionment cases: Wesberry v. Sanders and Reynold v. Sims. Those cases provide a helpful model for strong judicial review to correct flaws in our electoral system. The chapter then presents a critique of four election law decisions since 1976 where the Supreme Court has contributed to democratic decay by engaging in antidemocratic judicial review. The final section presents several proposals for new constitutional rules that build on the principles articulated in Wesberry and Reynolds. The proposed rules are designed to enhance competition in the market for elective office and improve the quality of democratic self-government in the United States.
The player explores the history of professional unions in tennis up to the current day. It starts by setting out the dual and shifting roles of tennis player unions, which at all times of its history ranged from a collective action to shared governance. It goes on to ponder what actually is a professional tennis players’ union and lays out a framework for the trade union rights of professional tennis players. Its historical account throws light at initial attempts at player unionization and the pivotal role of player unionization in 1967–75. This led to pro tennis’s labor settlement – business in lieu of bargaining, which in turn culminated in the so-called “Seven Kingdoms” – player voice, rights, pay and conditions in professional tennis, which is the current status. The chapter explores these seven kingdoms and the latest development with the PTPA, which was established in 2020.
Edited by
Grażyna Baranowska, Friedrich-Alexander-Universität Erlangen-Nürnberg,Milica Kolaković-Bojović, Institute of Criminological and Sociological Research, Belgrade
Edited by
Grażyna Baranowska, Friedrich-Alexander-Universität Erlangen-Nürnberg,Milica Kolaković-Bojović, Institute of Criminological and Sociological Research, Belgrade
This chapter discusses the situation of contemporary disappearances in Mexico and explains how the heterogeneity of perpetrators and victims, especially the involvement of non-state actors in the commission of these crimes, poses conceptual challenges under the International Convention for the Protection of All Persons from Enforced Disappearances. It specifically addresses two legal questions: the state’s failure to identify dead bodies as a form of enforced disappearance and impunity as a form of acquiescence. Following this, it presents the Committee on Enforced Disappearance’s 2023 Statement on Non-State Actors and examines how the definition of acquiescence provided by the Committee could impact the categorisation of disappearances in Mexico. It is argued that the Committee’s definition could and should be applied in such a way as to consider a large number of disappearances in Mexico today as enforced disappearances, as well as that a presumption of acquiescence would be appropriate in Mexican context, as it places the burden of proof on the state, thereby potentially overcoming a seemingly arbitrary classification of victims into two categories.
FFramework climate laws have been enacted across a growing range of countries, and are often assumed to provide stability in terms of climate policymaking. This chapter provides a more nuanced assessment. I argue that, while some common design elements of framework climate laws do indeed serve to bring stability to climate policymaking, in many respects framework climate laws depart from the ideal design type envisioned by the literature on time inconsistency, commitment devices, and non-majoritarian institutions. Moreover, framework climate laws can actually serve to make explicit political conflicts and sectoral trade-offs, and can thus serve to politicize even as they depoliticize. Furthermore, by seeking to introduce stability to climate policymaking in the sense of stability in policy design over time, framework climate laws simultaneously and deliberately seek to undermine and challenge stability as status quo. The chapter draws on examples of framework climate laws principally in European countries to illustrate the argument.
Edited by
Grażyna Baranowska, Friedrich-Alexander-Universität Erlangen-Nürnberg,Milica Kolaković-Bojović, Institute of Criminological and Sociological Research, Belgrade
This chapter describes the long process of awareness and creation of the International Convention for the Elimination of Enforced Disappearance, the role of non-governmental organisations and the national and international cooperation organisations in that process.
It analyses the role of Condor Operation launched as a multilateral agreement between the national security dictatorships of the Southern Cone and the reaction of civil society and the relatives of the victims who began to seek a way to achieve the recognition of enforced disappearance as an autonomous offence and then the adoption of an International Convention for its punishment.
In this chapter, the testimonies about this process are analysed as well as series of concomitant actions gained momentum, as a result of which, the United Nations (UN) convened a Drafting Group for what ended up being the long-awaited International Convention. Finally, there is a brief analysis of the current state of those NGOs which fought hard for such Convention.
Finally, this chapter consists of research about a historic stage of a generation which is giving way to new people with their new rights, their new fights, and their new utopias.
In order to be effective mathematics educators, teachers need more than content knowledge: they need to be able to make mathematics comprehensible and accessible to their students. Teaching Key Concepts in the Australian Mathematics Curriculum Years 7 to 10 ensures that pre-service and practising teachers in Australia have the tools and resources required to teach lower secondary mathematics.
By simplifying the underlying concepts of mathematics, this book equips teachers to design and deliver mathematics lessons at the lower secondary level. The text provides a variety of practical activities and teaching ideas that translate the latest version of the Australian Curriculum into classroom practice. It covers the challenges of middle year mathematics, including the current decline in student numeracy, as well as complex theories which teachers can struggle to explain clearly. Topics include number, algebra, measurement, space, statistics and probability. Whether educators have recently studied more complicated mathematics or are teaching out of field, they are supported to recall ideas and concepts that they may have forgotten – or that may not have been made explicit in their own education.
Authored by experienced classroom educators and academics, this book is a vital resource for pre-service and practising Years 7 to 10 mathematics teachers, regardless of their backgrounds and experiences.
This chapter discusses how writers in the twenty-first century have responded to the legacies of postmodernism. It details various attempts at configuring a post-postmodernism before offering close analysis of a series of British writers who have entered a critical dialogue with postmodernism through their fiction. The novelists are discussed with respect to three main areas. First, the identification of an ethical turn in selected fiction produced by writers associated with postmodernism whose careers were established in the last quarter of the twentieth century (Amis, Barnes, Byatt, McEwan, Winterson). Second, British writers who emerge after 9/11 who, although they adopt several techniques associated with postmodernism, incorporate a new, tentative idealism and elements of realism in terms of both literary form and philosophical belief (Mitchell, Barker, Ali Smith). Third, it looks at how discourses around postcolonialism and multiculturalism impact with postmodernism in selected fiction (Ali, Levy, Rushdie, Zadie Smith).
Tarai was a landmass running along an east-west axis just to the south of the Himalayan ranges and was a part of Himalayan Kumaun ecology. At the stroke of independence, the colonialists had made plans to clear the Tarai and settle it with Indian soldiers returning from World War II. The task of actual clearing fell on the sovereign Indian government as the pressure to settle refugees piled on top of the plan to settle soldiers. With the nation struggling to meet its food requirements a new vision was born to turn the Tarai into a “granary” for the province. Under these contingencies, the Tarai became a landmass wherein new settlers were encouraged to perfect the art of productive agriculture. The post-colonial developmentalist state set up a model state farm to propagate such practices. To the outside developer and modernizer, Tarai came across as empty though, in fact, it was inhabited by a limited number of hill communities and villages. As Tarai was turned into a farming land with settlers from beyond, a local democratic movement for autonomy erupted in the region that called into question the method of land settlement and transformation.
Chapter 2 challenges three conceptions that dominate political economy accounts of financialisation: (a) that financialisation is best understood as a process of marketisation; (b) that financial systems transform in response to external drivers (i.e., marketisation) as ‘national varieties’ conceptually outside the global economy; and (c) that German finance is best conceptualised as a bank-based system which transformed into a hybrid from the 1990s onwards. Critically analysing the debate about the Americanisation of global finance, this chapter shows that the concept of marketisation captures the expansion of markets but struggles to identify fundamental transformations within markets themselves. As a result, political economy scholars rarely study banks in their own rights and underestimate the power and weaknesses of banks as agents of financialisation. Instead, this chapter introduces the theoretical building blocks of the concept of extroverted financialisation, which frames the analysis of the book. EF has four features that each represent a new imperative in global markets for European banks and that have shaped their responses to the rise of US finance: (a) the rise of liability management; (b) the need for USD; (c) the institutional specificity of US money markets; and (d) the contradictions of contemporary banking.