This article reviews the contributions of the UN Convention on the Rights of Persons with Disabilities (CRPD) to the progressive development of both international human rights law and global health law and governance. It provides a summary of the global situation of persons with disabilities and outlines the progressive development of international disability standards, noting the salience of the shift from a medical model of disability to a rights-based social model reflected in the CRPD. Thereafter, the article considers the Convention's (...) structure and substantive content, and then analyzes in specific detail the particular contributions of the Convention to health and human rights law and global health governance. It concludes with an exploration of the potential implications of the CRPD's innovations for some of the most pressing issues in global health governance, including the Convention's contributions to the principle of participation in decision-making. (shrink)
A formalism is developed which admits particles faster than light and reference frames faster than light and as fast as light. It is fully consistent with the physical principles of special relativity. The necessity of introducing imaginary quantities does not arise. It does not encounter any difficulties with the principle of causality if it is reasonably interpreted.
Todos os anos, no segundo final de semana da quaresma é realizada em São Cristóvão a mais importante manifestação festiva católica de Sergipe. Trata-se da Festa de Passos, que reúne romeiros dos mais variados municípios sergipanos, com pagamento de promessas, práticas penitenciais e conflitos. Ao longo do século XX um nome importante que participou ativamente dos bastidores da solenidade foi o de Maria Paiva Monteiro, professora, religiosa, madrinha dos cristovenses e considerada a guardiã da memória da romaria dos Passos. Nesse (...) artigo o foco central é compreender a trajetória de vida da beata Marinete e seu envolvimento com os bastidores da romaria dos Passos. A devota do Senhor dos Passos participou de diferentes momentos da romaria e o seu testemunho oral é revelador sobre os importantes impasses que permearam a celebração, assim como sobre a devoção das famílias cristovenses ao Senhor dos Passos. Desvendar a sua trajetória biográfica incumbe em revelar fontes orais significantes sobre a Festa de Passos, marcadas pelas experiências de uma tradicional família católica de São Cristóvão. Palavras-chave: romaria; Sergipe; festa; memória.The Subject of the Lord of Miracles and the Backstage Party Steps in Sergipe Every year, in the second weekend of Lent is held in São Cristóvão the most important Catholic festival in Sergipe. This is the Feast of Steps, which brings pilgrims from many different municipalities in Sergipe, with payment of promises, penitential practices and conflicts. Throughout the twentieth century an important person that actively participated in the scenes of such ceremony was Maria Paiva Monteiro who was a teacher, a religious woman, and the godmother of São Cristóvão devotees. She was considered for these devotees the guardian of the memory of the pilgrimage of the Steps. In this article the main focus is to understand the scenes of the Stations of the pilgrimage from the life trajectory of the blessed Marinete. The devotee of the Lord of the Steps involved in different stages of the pilgrimage and his oral testimony is revealing about the important dilemmas and conflicts that permeated the celebration. In To unveil blessed Marinete biography, it is necessary to in reveal significant oral sources on the Feast of steps, marked by the experiences of a traditional Catholic family in São Cristóvão. Keywords: pilgrimage; Sergipe; oral sources; party; memory. (shrink)
This note considers the recent House of Lordsdecision in Royal Bank of Scotland plc. v.Etridge (No. 2). It concerns the familiarscenario of a wife jointly mortgaging (orproviding a guarantee for a mortgage of) thefamily home in order to secure financialsupport for a business run by her husband. Ina landmark judgement, Lord Nicholls set out newand specific procedures to be followed bylenders and solicitors who are providingindependent advice, in order to counter anyargument by the wife that the charge should beset (...) aside because her signature on the lender'scharge has been obtained by the undue influenceof her husband. This note considers the impactof the decision upon the parties involved insuch transactions. Special consideration isgiven to the surety wife and her chances ofdefending possession proceedings brought bylenders in the post Etridge era. (shrink)
Introduction: Middle-Earth, The lord of the rings, and international relations -- Order, justice, and Middle-Earth -- Thinking about international relations and Middle-Earth -- Middle-Earth and three great debates in international relations -- Middle-Earth, levels of analysis, and war -- Middle-Earth and feminist theory -- Middle-Earth and feminist analysis of conflict -- Middle-Earth as a source of inspiration and enrichment -- Conclusion: international relations and our many worlds.
In this paper I identify a fallacy. The fallacy is worth noting for practical and theoretical reasons. First, the rampant occurrences ofthis fallacy-especially at moments calling for careful thought-indicate that it is more pernicious to clear thinking than many of those found in standard logic texts. Second, the fallacy stands apart from most others in that it contains multiple kinds oflogical error (i.e., fallacious and non-fallacious logical errors) that are themselves committed in abnormal ways, and thus it presents a two-tiered (...) challenge to oversimplified accounts of how an argument can go bad. (shrink)
To mark the 100th anniversary of the publication of Lord Rutherford's paper in Philosophical Magazine on the nuclear model of the atom, we review his ground-breaking work and outline subsequent developments.
I argue in this article that responsible leadership (Maak and Pless, 2006) contributes to building social capital and ultimately to both a sustainable business and the common good. I show, first, that responsible leadership in a global stakeholder society is a relational and inherently moral phenomenon that cannot be captured in traditional dyadic leader–follower relationships (e.g., to subordinates) or by simply focusing on questions of leadership effectiveness. Business leaders have to deal with moral complexity resulting from a multitude of stakeholder (...) claims and have to build enduring and mutually beneficial relationships with all relevant stakeholders. I contend, second, that in doing so leaders bundle the energy of␣different constituencies and enable social capital building. Social capital can be understood as actual or potential resources inherent to more or less institutionalized relationships of mutual recognition (Bourdieu 1980). By drawing on network analysis I suggest, third, that responsible leaders weave durable relational structures and ultimately networks of relationships which are rich in ties to otherwise unconnected individuals or groups. Against this background I argue, fourth, that responsible leadership may result in the creation of value networks (Lord and Brown, 2001) of multiple stakeholders, which enhance social capital and thereby contribute to both a sustainable business and the common good. (shrink)
My topic is God's activity in the ordinary course of nature. The precise mode of this activity has been the subject of prolonged debates within every major theistic intellectual tradition, though it is within the Catholic tradition that the discussion has been carried on with the most philosophical sophistication. The problem, in its simplest form, is this: Given the fundamental theistic tenet that God is the provident Lord of nature, the First Efficient Cause who creates the universe, sustains it (...) in being, and exists in all things by His essence, presence, and power,1 how exactly do the actions of secondary (i.e., created) causes fit in with God's own activity in the ordinary course of nature? Or, to put it a bit more neutrally, how exactly is God's own action as the First Cause in nature related to the causal activity, if any , of His creatures? (shrink)
The notion of a particular is what makes the Bible (the reference is to the Hebrew Scriptures) an original position in philosophy. (Particulars are self-contained spatio-temporal entities, and hence, though present in the system that is nature, are not essentially parts of it.) The early chapters of Genesis develop a comprehensive (anti-pagan) conceptualization of reality that gives particularity its due. Whether particularity can be secured without a fully extra-natural anchorage (i.e., without God) is a live issue. As the case may (...) be, the philosophy of the Bible is not a footnote, not even a substantial footnote, to Plato. Plato’s metaphysical discourse cannot handle the particular. An irreducibly different, ontological, discourse is needed for that. Having conceived the new notion (the act of conception is dramatized in the theophany of Genesis 12), Abraham, the philosopher of the paper’s title, ‘called…on the name of the Lord’ (Genesis 21:33) to the men and women of the world. The particularity of God, I explain, not God’s numerical uniqueness, is the essence of monotheism. (shrink)
Machine generated contents note: Acknowledgments Introduction: "Unraveling the Mysteries" Part One. "It All Began on a Warm Summer's Evening in Greece": Aristotelian Insights 1. Aristotle on Sheldon Cooper: Ancient Greek Meets Modern Geek Greg Littmann 2. "You're a Sucky, Sucky Friend": Seeking Aristotelian Friendship in The Big Bang Dean A. Kowalski 3. The Big Bang Theory on the Use and Abuse of Modern Technology Kenneth Wayne Sayles III Part Two. "Is It Wrong to Say I Love Our Killer Robot?": Ethics (...) and Virtue 4. Feeling Good about Feeling Good: Is It Morally Wrong to Laugh at Sheldon? W. Scott Clifton 5...But Is Wil Wheaton Evil? Donna Marie Smith 6. Do We Need a Roommate Agreement?: Pleasure, Selfishness, and Virtue in The Big Bang Gregory L. Bock and Jeffrey L. Bock Part Three. "Perhaps You Mean a Different Thing Than I Do When You Say "Science": Science, Scientism, and Religion 7. Getting Fundamental about Doing Physics in The Big Bang Jonathan Lawhead 8. Sheldon, Leonard, and Leslie: The Three Faces of Quantum Gravity Andrew Zimmerman Jones 9. The One Paradigm to Rule Them All: Scientism and The Big Bang Massimo Pigliucci 10. Cooper Considerations Adam Barkman and Dean A. Kowalski Part Four. "I Need Your Opinion on a Matter of Semiotics": Language and Meaning 11. Wittgenstein and Language Games in The Big Bang Theory Janelle Pötzsch 12. "I'm Afraid You Couldn't Be More Wrong!": Sheldon and Being Right about Being Wrong Adolfas Mackonis 13. The Cooper Conundrum: Good Lord, Who's Tolerating Who? Ruth E. Lowe 14. The Mendacity Bifurcation Don Fallis Part Five. "The Human Experience That has Always Eluded Me": The Human Condition 15. Mothers and Sons of The Big Bang Ashley Barkman 16. Penny, Sheldon, and Personal Growth through Difference Nicholas G. Evans 17. Deconstructing the Women of The Big Bang Theory: So Much More than Girlfriends Mark D. White and Maryanne L. Fisher The Episode Compendium:"Hey, It's a Big Menu--There's Two Pages Just for Desserts" Contributors. "But If We Were Part of the Team... We Could Drink for Free in Any Bar in Any College Town" Index. "Cornucopia...Let's Make that Our Word of the Day" . (shrink)
Hope as a virtue is an acquired disposition, shaped by reflection; as a civic virtue it must serve the good of the community. Ernst Bloch and Lord Buddha offer help in constructing such a virtue. Using a taxonomy developed by Darren Webb I distinguish open hope from goal-oriented hope, and use each thinker to develop the former. Bloch and Buddha are very different (and notoriously obscure; I do not attempt an exegesis). But they share a metaphysics of change, foundational (...) for making any sense of hope.Buddhism would seem to repudiate hope; it is a source of suffering (i.e., pain in living with reality). Seen more deeply, however, Buddhism offers material for a carefully limited virtue of hope: the habits of noticing good and acknowledging transience. This disposition, acquired through Buddhist practice among other ways, shields one against despair. The habit also frees up energy that would otherwise be wasted. Ernst Bloch gives us insight into how to use that energy, teaching us to value the yearning implicit throughout culture. Open hope becomes a civic virtue when it concerns civic matters; it can be threatened by hyperbolic discourse in political life. (shrink)
Johnstone, H. W., Jr. Rhetoric and communication in philosophy.--Smith, C. R. and Douglas, D. G. Philosophical principles in the traditional and emerging views of rhetoric.--Wallace, K. R. Bacon's conception of rhetoric.--Thonssen, L. W. Thomas Hobbes's philosophy of speech.--Walter, O. M., Jr. Descartes on reasoning.--Douglas, D. G. Spinoza and the methodology of reflective knowledge in persuasion.--Howell, W. S. John Locke and the new rhetoric.--Doering, J. F. David Hume on oratory.--Douglas, D. G. A neo-Kantian approach to the epistomology of judgment in criticism.--Bevilacqua, (...) V. M. Lord Kames's theory of rhetoric.--Brockriede, W. E. Bentham's philosophy of rhetoric.--Anderson, R. E. Kierkegaard's theory of communication.--Macksoud, S. J. Ludwig Wittgenstein, radical operationism and rhetorical stance.--Stewart, J. J. L. Austin's speech act analysis.--Torrence, D. L. A philosophy of rhetoric from Bertrand Russell.--Clark, A. Martin Buber, dialogue, and the philosophy of rhetoric.--Bennett, W. Kenneth Burke--a philosophy in defense of un-reason.--Dearin, R. D. The philosophical basis of Chaim Perelman's theory of rhetoric. (shrink)
SENA, Luzia (Org.). Ensino religioso e formação docente . (Religious teaching and teacher qualification) Amauri Carlos Ferreira SANGENIS, Luiz Fernando Conde. Gênese do pensamento único em educação: franciscanismo e jesuitismo na história da educação brasileira. (Genesis of an only thought in education: franciscanism and Jesuitism in the history of Brazilian education) Antônio Francisco da Silva TREVISAN, A. Santo Tomás de Aquino – O Credo: tradução, prefácio, introdução e notas. (Saint Thomas of Aquinas – The Creed: translation, preface, introduction and notes) (...) Ivonei Antônio de Oliveira BENELLI, Sílvio José. Pescadores de homens. Estudo psicossocial de um seminário católico. (Fishers of men. A psycho-social study of a Catholic seminary) João Batista Libanio ESTRADA, Juan Antonio. A impossível teodicéia: a crise de fé em Deus e o problema do mal. (The impossible theodicy: the crisis of faith in God and the problem of evil) Lindomar Rocha Mota USARSKI, Frank. Constituintes da Ciência da Religião: cinco ensaios em prol de uma disciplina. (Constituents of the science of religion: five essays on behalf of a discipline) Roberlei Panasiewicz CONGAR, Yves. Ele é o Senhor e dá a vida. (He is the Lord and bestows life) Roberlei Panasiewicz. (shrink)
Origin of the movement: J. H. Stirling. --T. H. Green. --Edward Caird. --John Caird. --William Wallace. --D. G. Ritchie. --F. H. Bradley. --Bernard Bosanquet. --John Watson. --Henry Jones. --J. H. Muirhead. --J. S. Mackenzie. --Lord Haldane. --J. E. McTaggart as an interpreter of Hegel. --Appendix: Hegelianism and human personality.
O artigo introduz a questão da relação entre a Igreja hierárquica e a mulher, afirmando que, desde seus começos, o cristianismo teve dificuldades para compreender o comportamento de Jesus para com as mulheres. Destaca alguns sinais do surgimento, no século XX, de uma nova consciência feminina, caracterizada pela emergência do “pensamento autônomo”. Em contraposição às mudanças do universo feminino e referindo-se ao “desconhecimento da mulher” que caracterizou o Vaticano II, o artigo refere-se à dificuldade da Igreja em identificar a ideologia (...) heterônoma que a caracteriza. “Há sempre um outro que manda”: o rei, o senhor, o homem, o pai – sobre o que se constrói a figura de um Deus poderoso e distante. Para corroborar a dificuldade de passar do pensamento heterônomo ao pensamento autônomo, particularmente para os bispos – e seguindo a teóloga Ivone Gebara – a reflexão toma como objeto paradigmático de leitura as falas do Arcebispo de Recife frente ao caso da menina estuprada pelo padrasto, ocorrido em 2009. Conclui: Os textos mais inovadores do Vaticano II não conseguiram romper com a imagem de heteronomia herdada do passado. Hoje não existe caminho para a Igreja fora do diálogo com a modernidade, o que implica, em primeiro lugar, uma atitude autocrítica. Palavras-chave : Igreja hierárquica. Vaticano II. Mulher.This article introduces the question of the relationship between the Church hierarchy and the women, arguing that since its beginnings, Christianity struggled to understand the attitude of Jesus toward women. It highlights some signs of the emergence in the twentieth century, of a new feminine consciousness, characterized by the emergence of an "autonomous thinking." In contrast to the changing world of women and referring to the “unknown woman” that characterized the Vatican II, this article refers to the difficulty to indentify the heteronomous ideology that characterizes the Church. "There's always another that gives orders" the king, the lord, the man, the father – under which the figure of a mighty and distant God is built on. To corroborate the difficulty to pass from an autonomous thought to a heteronomous thinking, particularly for the bishops - and following the theologian Ivone Gebara – this article analyzes the speeches of the Archbishop of Recife concerning the case of the girl raped by her stepfather, held in 2009. In conclusion: The most innovative texts of Vatican II were not able to break with the image of heteronomy from the past. Today there is no way for the Church out of the dialogue with modernity, which implies, first, a self-critical attitude. Keywords: Hierarchical Church. Vatican II. Women - DOI: 10.5752/P.2175-5841.2011v9n24p1280. (shrink)
Pouca atenção foi dada pelos estudiosos para a função da Palavra de Deus no relato da pesca milagrosa em Lucas, tanto em nível literário, quanto teológico. Diante disso, o objetivo deste trabalho foi analisar a perícope de Lc 5,1-11, com enfoque na Palavra de Deus, proclamada em Jesus e por ele. A metodologia utilizada foi a análise e interpretação de textos, privilegiando o método histórico-crítico e os seus elementos essenciais, além do uso de outros métodos, baseados na ciência da linguagem. (...) Pode-se dizer que a Palavra de Deus ocupa um lugar central na trama, dando cadência ao relato e elucidando o sentido teológico que Lucas pretende imprimir, o que fica evidente pelas alterações feitas pelo autor no relato original. Na perícope da pesca milagrosa, a Palavra é proclamada por Jesus em caráter performativo, faz o milagre acontecer, conduz Pedro à conversão e dá a ele uma nova missão. Na teologia de Lucas ouvimos o eco das comunidades primitivas, nascidas ao redor da Palavra do Senhor. Palavras-chave : Lucas. Pesca. Milagre. Pedro. Palavra.The scholars haven’t given too much attention to the function of the Word of God in the report of the miraculous catch of fish in Luke, at the literary and theological level. Thus, the objective of this paper was to analyze the pericope of Luke 5:1-11, with emphasis on the Word of God proclaimed in Jesus and through Him. The methodology used was the analysis and interpretation of texts, focusing on the historical-critical method and its essential elements, besides the use of other methods, based on the science of language. It’s possible to say that the Word of God occupies a central place in the plot, giving cadence to the report and elucidating the theological sense that Luke wanted to print, which is evidenced by the changes he has made in the original report. In the pericope of the miraculous catch of fish, the Word is proclaimed by Jesus in a performative way; it makes the miracle happen, leads Peter to conversion and gives him a new mission. In Luke's theology, one hears the echo of primitive communities, born around the word of the Lord. Key-words: Luke. Fishing. Miracle. Peter. Word. (shrink)
A assim chamada “Doação de Constantino”, pela qual o papa ter-se-ia tornado senhor temporal, foi julgada, geralmente, de forma negativa pelos pensadores do século XIV (como João Quidort e Ockham), ou como uma ação de duplo efeito (Dante). Marsílio de Pádua a encara sob outro aspecto: a doação mostra que o imperador era superior ao papa e aos demais hierarcas da Igreja. Daí ele deduz que, dentro da sociedade, também da sociedade cristã, o imperador é a autoridade coativa suprema, da (...) qual promana o poder coativo eventualmente exercido pelo papa e os bispos. PALAVRAS-CHAVE – Doação de Constantino. Poder coativo. Imperador. Papa. ABSTRACT The so called “Constantine Donation”, by which the pope would have become the temporal Lord, was usually regarded negatively by XIV century thinkers (such as John Quidort and William of Ockham), or as a double effect action (Dante). Marsilius of Padua faces such problem in a different approach: the donation shows that the emperor was superior to the pope and to the others in Church hierarchy. Hence he deduces that inside society, also Christian society, the emperor is the supreme coactive authority, from whom all coactive power eventually enforced by the pope and the bishops arise. KEY WORDS – Constantine donation. Coactive power. Emperor. Pope. (shrink)
This case note considers the Court of Appeal decision in Royal Bank of Scotland v. Etridge (No. 2) and other appeals  4 All E.R. 705. It concerns the familiar scenario of a wife jointly mortgaging (or providing a guarantee for a mortgage of) the family home in order to secure financial support for a business run by her husband. The House of Lords decision in Barclays Bank v O'Brien  A.C. 180 has given rise to a range of litigation (...) in this area, and the spotlight has now moved from the banks to an examination of the quality of advice given by solicitors. The banks have heeded the warnings in O'Brien and now insist that wives are told to obtain independent legal advice. It will be seen that, following Etridge, if the bank tells the solicitor to give the wife legal advice upon undertaking the transaction, that will be sufficient to protect the bank, notwithstanding that the advice was either inadequate or even not actually given. The onus to ensure that proper advice is given is shifted squarely on to the solicitor. The note concludes that the decision is indicative of the shift of judicial opinion against wives seeking to avoid charges over matrimonial homes and in favour of banks. (shrink)
The Spirit of the Lord is upon me, because he anointed me to preach good tidings to the poor: He hath sent me to proclaim release to the captives, and recovering of sight to the blind, to set at liberty them that are bruised, to proclaim the acceptable year of the Lord.
“…we must move into theological anthropology if we are to do justice to the wisdom literature. In the Old Testament man can be defined in terms of his relationship to the Lord as his saviour, creator, sustainer. The working out of these ideas is not possible apart from the concern of Old Testament wisdom…”.
First published in Essays: Second Series in 1844, Ralph Waldo Emerson’s “Experience” has long been considered an enigmatic touchstone of the Emersonian corpus. This essay seems to point to many difficult—and key—questions as to the aims and implications of Emerson’s literary style, intellectual methods, and philosophical inquiries. Conventionally viewed as evidence of a hinge in Emerson’s intellectual development from youthful innocence to middle-aged experience, this essay has often been understood as an arena for the contestation of Emersonian ideas about self-reliance, (...) philosophical idealism, and self-knowledge; as with ancient gladiatorial spectacles, not all of these ideas may walk out of the arena alive.1 .. (shrink)
We have considered the evolution of the relations between cities and states as the product of changing relative power positions. For the towns, these mainly consisted of their population figure, their economic and financial prosperity, their communication facilities, their prerogatives in administrative, economic, fiscal, and judicial matters, and their military force. For the monarchies, the continuity and skills of the rulers mattered, while the dimensions, the cohesion and communication facilities of the territory, the available resources and the pressure of neighboring (...) competitors weighed heavily on their destiny. In a pattern of changing relations, coalitions between the weaker partners in the polity against the mightier were normal.In most parts of Europe, the urban development took place either spontaneously - outside the feudal power structure - or with the active support of princes. As long as princes and towns found a common rival in the feudal nobility, they were allies to each other's advantage. The more a region was urbanized, the more resources the princes could get from them by bargaining or pressure. Cities thus paid in a way protection costs against the dangerous grip of the nobility. Where no monarch could elevate himself above the rest of the landed aristocracy, as in late medieval Germany, the towns had to secure their trade routes by leagues and treaties with feudal lords. In the case of Northern Italy, the growth and power of the cities were so overwhelming, in the absence of any real overlord, that the nobility merged with the urban elite to dominate the countryside. In other regions, the major trading cities reached a point in their development where their power balanced that of the monarch. In the late thirteenth and fourteenth centuries, this was the case of Aragonese towns, Baltic harbors and Flemish and Brabantine cities.The fifteenth century was crucial for the expansion of monarchical power. While most towns stagnated economically, the monarchies could build up larger and more efficient state structures, partly by elimination of weaker competitors. “Modern” states claimed functions that had traditionally belonged to the local and territorial prerogatives of the major cities. The list of these prerogatives is astonishingly convergent, from Barcelona to Danzig. “Modern” states expanded their functions in jurisdiction, coinage, economic regulation, fiscality, diplomacy, the violence monopoly. Evidently, they encroached on long-established urban practices, many of them once granted in privileges by former rulers. “Modern” sovereigns, however strove toward full and direct powers and did not hesitate to use their military supremacy to eliminate all intermediary powers, keeping them off the resources.Wolfgang Reinhard recently proposed a theoretical model of the increase in state power. Combining existing theories, he noticed that their arguments operate at different levels of abstraction without excluding each other. So he left some space for the voluntary action of individuals while situating it within the larger frameworks of political and social systems. Processes on the micro-level (personal ambitions, group egoisms reinforcing state institutions), the meso-level (class antagonisms, tensions between rulers and ruled, interstate competition) and the macro-level (states versus economic and geographical systems) converge to strengthen states. Buckle, Deutsche Untertanen, 114–126. The studies in the present volume fully confirm this mighty vision, albeit from the perspective of cities alone; the three levels of interaction are nevertheless displayed clearly from this viewpoint. Urban centers did not succeed, however, in creating coherent, and stable power structures alternative to those of the monarchical states, unlessurban potential was extremely high (Northern Italy, the Netherlands) and thus the communications easy and the distances short, orthe feudal power was extremely weak (Italy, Switzerland, Holland). Overwhelmingly mighty cities like Venice, Milan, and Florence created new systems of domination by the capital's elites over the smaller cities and the countryside. This tendency was blocked in the Southern Netherlands during the fifteenth and sixteenth centuries by a dramatic expansion and effort of monarchical power, but it came fully to the fore in the Dutch Republic. In Switzerland, both patterns of domination remained absent and a communal federation survived. Wolfgang Reinhard, “Croissance de la puissance de l'Etat: un modèle théorique,” in André Stegmann, editor, Pouvoir et Institutions en Europe au XVIème siècle (Paris: Vrin, 1987), 173–186.My central argument is that the requirements and pressures of monarchical states suffocated the metropoles of the European economy. The competition within the state system pushed all political unities toward increasing military expenditure and further reaching bureaucratic control. Both violate the conditions favorable to the early commercial capitalism. It is striking that the core cities of the European economy were always fairly independent from monarchical pressure: at most they bargained, like Barcelona, Prague, Augsburg, Nurnberg, and Antwerp, but never could they fulfill their metropolitan function under the rigorous control of a centralized bureaucracy. Seville, where this seemed a real danger in the seventeenth century, managed to circumvent state regulation by massive fraud. The articles in this volume illustrate the reasons for this incompatibility.Metropoles and monarchs only could collaborate as long as the latter were not yet unchallenged rulers. As soon as they could think about centralized, bureaucratic, “national,” “modern” states, they had to eliminate the intermediary power structures within their territory. Major cities that had lived on export industries and long-distance trade had necessarily built up such structures in their regions and even beyond. Disturbing these, the monarchs touched the base of the urban prosperity, which they further suffocated by the fiscal overload warfare imposed.However, even the submission of a high urban potential area by a monarchical state, by conquest, internal war, or heritage, could not lead to the status of dependent towns as we observed in Central Europe after 1450. Accumulated capital, existing social and political structures, and the advance in intensity could not be annihilated by sheer physical violence. We can observe a close correlation between the development of autonomously active representative organizations and urban potential. On the local scale, the mobility in the town councils correlated strongly with the size and the socioeconomic differentiation of a city. In the major ones, artisans had a say in the large councils but the merchants and rentiers kept firm control and fiercely opposed popular revolts in other cities. On the supralocal scale, commercial centers necessarily developed loosely structured consultative organizations in order to regulate the material, judicial and diplomatical aspects of the trade. These intensive negotiations crossed state borders and included all kinds of partners ranging from their own or foreign monarchs to local producers. Dollinger, La Hanse, 166–168, 352–358; Schildhauer, Soziale, politische, 26–40; W. P. Blockmans, “A typology of representative institutions in late medieval Europe,” Journal of Medieval History, 4 (1978) 189–215; “Mobiliteit in stadsbesturen, 1400–1550,” in D. E. H. De Boer and J. W. Marsilje, editor, De Nederlanden in de late middeleeuwen (Utrecht: Het Spectrum, 1987), 236–260.The submission of formerly fairly autonomous cities could only be accomplished by granting substantial parts of the profits to local elites who thus were turned to rentiers. The rhythm of negotiations slowed down and they became more formalistic, but they did not disappear. During the fifteenth century, a tendency toward a higher exclusiveness can be noticed. More conservative elites obviously were prepared to give up the political autonomy of the city for a consolidation of their personal positions.Urbanization thus fundamentally influenced the shape of “national” states: by facilitating their emergence first, and by obstructing centralization in further stages. On the other hand, monarchies furthered the development of commercial capitalism as long as they were not able to impose their dynastical or imperial chimeras that - unlimited as they are - necessarily exhaust even the most flourishing economy. (shrink)
In the case of Bellinger v. Bellingerthe House of Lords has for the first time exercised the power to make a declaration of incompatibility under s. 4 of the Human Rights Act 1998, finding that U.K. law on marriage is in breach of Articles 8 and 12 of the European Convention on Human Rights. This case note argues, however, that despite this decision, and despite also recent judgements of the European Court of Human Rights upholdingthe rights of transsexual people, the (...) principles applied in Bellingerdemonstrate that judicial discourse on transsexuality remains bound within the heterosexual and biological framework of Corbett v. Corbett. (shrink)
This article considers, from a feminist perspective, the introduction of the European Equal Treatment Amendment Directive (E.T.A.D.) and its impact on the law of sexual harassment in the United Kingdom. Since feminists identified sexual harassment as a problem for women in the 1970s, feminist legal scholars have focused their attention on the law as a means of redressing it. Bringing claims in the U.K. has been difficult because of the absence of a definition of sexual harassment and reliance in the (...) Sex Discrimination Act 1975 on a comparator approach. These problems are illustrated by the recent House of Lords decision in Pearce v. Governing Body of Mayfield Secondary School(2003). The failure of the House of Lords in Pearce to understand sexual harassment as an issue of substantive equality for women makes the introduction of the European law all the more the pressing. The author discusses the implications of the changes embodied in the E.T.A.D. in the light of feminist theory. She argues that the changes envisaged constitute welcome developments which will make it easier to remedy workplace sexual harassment. However, it is also likely that problems will remain for women in establishing sexual harassment claims, particularly if concepts of reasonableness and unwelcome behaviour continue to form part of the legal definition. (shrink)
This note analyses the decision of the House of Lords in Fitzpatrick, which held that gay partners could fall within the legal definition of ‘family’ for some purposes. The note argues that despite the real (if overstated) benefits that this case bestows on gay partners in the form of legal rights, under analysis, the decision self-deconstructs to reveal that it is grounded on the principle of discrimination on the basis of sexuality. However, it is also suggested that the encounter between (...) discursive legal reasoning (underpinned by normative heterosexuality), and aversion of the family which is ‘other’ to this discourse, is one which leaves its mark on law, as the potential undermining or deconstruction of law’s normative assumptions. The note further argues that although this decision is properly seen as a moment in the struggle for gay rights, it also serves as a reminder that the fortunes of critical theories and political movements that seek to challenge the legal paradigm of the white, heterosexual male are inextricably linked. Fitzpatrick, whatever else it is, is also an object lesson in the debt that current campaigns for gay legal rights owe to feminist critiques of, and campaigns that have successfully challenged, the role of this norm in legal discourse. (shrink)