Of Mice and Men: God and the Canadian Supreme Court

Abstract. In a recent 5‐to‐4 decision, the Supreme Court of Canada denied to Harvard University a patent on a genetically modified mouse. In their reasoning, the majority Justices, concerned obviously about the implications of granting the patent for the human case, argue that higher organisms (mammals) are not “compositions of matter” in the sense intended by the Canadian Patent Act. But if a mouse is not a composition of matter, what—indeed, what on earth—is it? As the minority Justices complain, the majority decision smacks of dubious metaphysics and theology. Appealing to a quite unlikely source, the Bible, I show that the distinction between mice and men can be defended without introducing problematic metaphysical and question‐begging theological materials. I also show, en route, that the biblical position on the special status of men and women is not inconsistent with evolutionary theory. Granting a patent on the mouse (as was done in the U.S.A.) is compatible with denying it to human organisms.     

The Implementation of European Anti‐Discrimination Directives: Converging towards a Common Model?

This article examines the impact on national law and policy of two Directives on combating discrimination adopted by the EU in 2000. It considers the extent to which their transposition has resulted in the 'Europeanisation' of anti-discrimination law and whether this implies convergence in the direction of a common model. Two themes are examined: the list of protected grounds of discrimination and the creation of equality institutions. All 27 states have introduced legal reforms in response to the Directives and a loose level of convergence can be identified. Nevertheless, specific national traditions have proved resilient, for example, shaping the meaning attached to terms such as 'disability' or the structure and powers of equality bodies.     

Law‐Linked Justice and Existence‐Linked Justice

Abstract. Justice as a manifestation of “the just” is an evasive concept. On the one hand there is the law, an operation run by professionals. On the other hand there are the citizens the law is meant for. Generally speaking the law strives for justice. But the law has to protect many different interests and must work through legal devices. Therefore the justice that emerges from it is necessarily a legal compromise. For the citizens the legal rules are a given reality. Generally they will agree that the law is there to achieve justice but legal arguments that justify a rule or decision cannot have the same value for them. In cases that affect them personally, justice will be a personal, existential experience, which may be incompatible with legal justice. It is hard to keep these two forms of justice under one roof. In order to make this easier this paper proposes a conceptual split between “law‐linked justice” and “existence‐linked justice.” It is argued that the law cannot in truth to its rational origin ignore the citizens’ experience of justice, out of the ordinary as they may be.     

Chile's (Inter)National Identities: Framing the Relations with Bolivia and Peru

National identities play a significant role in Latin American international relations. They affect the ways in which policy‐makers view themselves and others, as well as influencing the ways in which their policies are ‘received’ abroad. In this way, identities create opportunities and constraints for foreign policy‐making, framing the relations between Latin American countries. The author argues that, since 1990, three main patterns of Chilean identity recently affected the country's relations with its northern neighbours Bolivia and Peru: a ‘neoliberal identity’, a ‘legalistic identity’ and a ‘progressive identity’. These three patterns of identity have created opportunities for cooperation as well as causes for conflict.     

National parliamentary control and voting in the Council of the European Union

This article explores the different ways governments express dissent in the Council of the European Union (EU) through ‘No’ votes, abstentions and recorded negative statements. A game-theoretical model is presented that studies voting behaviour and analyses how the national parliaments’ levels of control over their governments’ EU policies affect it. It is concluded that governments that are strongly controlled by their parliaments are not more likely to express dissent. However, when they do express dissent, they vote ‘No’ more often. Parliamentary control depends on the presence of formal oversight institutions as well as the motivation of parliamentarians to hold their governments accountable. Empirical support is found in an analysis of votes on 1,387 legislative proposals that represent more than a decade of Council decision making in the period 2004–2014. This article contributes to the discussion on the involvement of national parliaments in EU affairs, and clearly distinguishes the different forms of dissent in Council decision making.     

What can deliberative mini-publics contribute to democratic systems?

Can deliberative mini-publics contribute to deepening the democratic dimensions of electoral democracies? The question is framed in this article using a problem-based approach to democratic theory–to count as democratic, political systems must accomplish three basic functions related to inclusion, communication and deliberation, and decision making. This approach is elaborated with an analysis of a real-world case: a deliberative mini-public with a citizens’ assembly design, focused on urban planning convened in Vancouver, Canada. This example was chosen because the context was one in which the city's legacy institutions of representative democracy had significant democratic deficits in all three areas, and the mini-public was a direct response to these deficits. It was found that Vancouver's deliberative mini-public helped policy makers, activists and affected residents move a stalemated planning process forward, and did do so in ways that improved the democratic performance of the political system. Depending on when and how they are sequenced into democratic processes, deliberative mini-publics can supplement existing legacy institutions and practices to deepen their democratic performance.