Protecting the planet: a proposal for a law of ecocide

A wide range of actions imperil the planet and threaten the future of humanity and other species. This essay notes some examples of crimes and harms damaging to the environment and human and non-human species as well as various forms of response that have called for more effective and appropriate models of justice and law than currently prevail. This leads to a discussion of several suggestions regarding the development and expression of an earth jurisprudence and to the history of a proposal that “ecocide” be recognised internationally as a crime. Analysis of documentary sources traces this idea from debates about the concept of genocide to consideration by United Nations officials as to how crimes against the environment might be defined, and shows how near such a proposal has previously come to acceptance and enactment. The article concludes with an argument for supporting a law of ecocide as the 5th Crime against Peace.     

The reverse mortgage as an asset management tool

Abstract

Reverse mortgages are usually seen as a vehicle for increasing the income of poor, elderly households. This perspective, coupled with the relatively slow growth of reverse mortgage programs, has led some observers to question the growth potential of the reverse mortgage market. This article presents a more expansive view of reverse mortgages as a financial tool for tapping housing equity for various purposes and at various stages in the life cycle.

Three market segments for reverse mortgages are discussed: elderly persons living alone, other elderly households, and non‐elderly households. Potential uses include turning housing equity into personal human capital investment accounts, enabling children to provide care for their disabled parents, funding elderly households’ long‐term care insurance, and sustaining consumption. Recent progress in product development and availability and political pressures to find private financing for health and long‐term care suggest that the reverse mortgage market has considerable growth potential.     

The Absolutist Advantage: Sacred Rhetoric in Contemporary Presidential Debate

Sacred rhetoric invokes nonnegotiable convictions rather than reasoned consequences. This form of rhetoric, grounded in transcendent authority and moral outrage, provides an electoral advantage by inspiring greater political engagement and valorizing candidates in the eyes of voters. A study of the language employed in contemporary presidential debates from 1976 to 2004 illustrates that while Democrats made sacred appeals in a few political domains, Republicans employed sacred rhetoric more frequently across a broad range of issues. Democrats have relied more heavily on projected numbers and plans rather than protected values and bounds, often yielding to Republicans an absolutist advantage.     

The Spatial Distribution of Postblast RDX Residue: Forensic Implications

Locating exactly where trace explosive residue samples should be sought during sample collection at bomb scenes is not specified in the published literature or guidelines; in this area, it is generally acknowledged that forensic practices are based on tradition rather than evidence. This study investigated patterns in the spatial distribution of postblast 1,3,5‐trinitro‐1,3,5‐triazocyclohexane residue from a series of unconfined detonations, over a range of sampling sites, and at two different detonation heights. The amount of residue recovered from the sites decreased as a function of distance from the center of the explosion. [Correction added after online publication 27 December 2012: In the preceding sentence, “increased” was corrected to “decreased” to agree with the conclusion of the article.] As the height of the detonations increased, more residues were found from all sampling sites. The findings of this empirical study have a number of important practical implications including determining where residue samples are best sought at crime scenes.     

The Left and Constitutional Reform,Gladstone to Miliband

Nineteenth‐century constitutional reformers focussed on parliament. Their central idea was citizenship, modelled variously on the democracy of ancient Athens, small communities like Switzerland, and especially the United States, a particular inspiration for Gladstone who admired its constitution. The 1911 Parliament Act marked the final triumph of the Victorian Liberals legacy, with a very different impetus coming from Lloyd George during his coalition. Labour focussed on class, not the constitution, though the ILP favoured localism and devolution, before succumbing to a centralising unionism. Tawney championed the idea of social citizenship, emphasising activism and education. After 1945, Labour did not prioritize constitutional reform until the dramatic changes that came after 1997. Gordon Brown then revived the notion of citizenship, and possible codification, in pursuing the values of Britishness. Labour's legacy was a confusing one. But Ed Miliband's policy revision could reclaim the idea of citizenship, an egalitarian concept to counter the inequalities of class.     

State of the world 2018: democracy facing global challenges*

This article analyses the state of democracy in the world in 2018, and recent developments building on the 2019 release of the V-Dem dataset. First, the trend of autocratization continues and 24 countries are now affected by what is established as a “third wave of autocratization”. Second, despite the global challenge of gradual autocratization, democratic regimes prevail in a majority of countries in the world (99 countries, 55%) in 2018. Thus, the state of the world is unmistakably more democratic compared to any point during the last century. At the same time, the number of electoral authoritarian regimes had increased to 55, or 31% of all countries. Third, the autocratization wave is disproportionally affecting democratic countries in Europe and the Americas, but also India’s large population. Fourth, freedom of expression and the media, and the rule of law are the areas under attack in most countries undergoing autocratization, but toxic polarization of the public sphere is a threat to democracy spreading across regimes. Finally, we present the first model to predict autocratization (“adverse regime transitions”) pointing to the top-10 most at-risk countries in the world.     

Trust, Distrust and Betrayal: A Social Housing Case Study

This paper discusses the importance of trust, distrust and betrayal in the context of relational contracts in the modern welfare state. We use a specific case study of the allocation of social housing. That context is one in which the local authority has statutory obligations towards households in housing need but limited ability to fulfil those obligations without reliance on other social housing providers, specifically registered social landlords. Relationships between providers are, in theory, negotiated through nominations agreements. In this paper, we draw on data from a research project concerned with 'problematic nominations' to illustrate the production of trust, distrust and betrayal. Our analysis is structured by reference to three frameworks for the production of trust: characteristic-based, process-based and institutional based trust.     

‘A Figure of Annihilated Human Existence’: Agamben and Adorno on Gesture

In this paper, I consider Giorgio Agamben’s essays on gesture, and the loss of gesture, in relation to Theodor Adorno’s account of gesture given in his work on Kafka. I argue that both share an account of gesture as an involuntary, yet non-intentional figure of a generalised destruction of experience. However, in their respective accounts of an emphatic possibility that can be located in the loss of gesture, Agamben and Adorno move in fundamentally different philosophical directions. For Agamben, the loss of gesture opens up the possibility of a space of existing within the pure possibility of speaking itself. For Adorno, the loss of gesture returns us to a reified embodiment that can nevertheless image the possibility of a different way of relating to materiality. I argue that, in the attempt to immanently construct forms of resistance within a generalised destruction of experience, Agamben’s articulation of an absolute gesturality tends towards an immuring of the subject within the repetitive space of what Adorno terms ‘objectless inwardness’. Although Adorno’s account of gesture and its relation to metaphysics and politics is equally problematic in many ways, I argue that his account of a metaphysical experience that appears within alienated gestures offers the possibility for moving beyond the destruction of experience.     

What is the goal of access to health care?

This article first examines the justifications for the goal of access to health care and the variations between health systems in their endorsement of individuals' rights to health care irrespective of income, ethnicity, age and other characteristics. It then examines the meanings of the goal of "access" to health care and considers four key dimensions--service availability ("having" access), service utilisation ("gaining" access), the relevance and effectiveness of services and equity of access. These dimensions provide a common framework that can be applied across countries and health systems and employed to assess the extent to which access to health care is actually achieved.