Legal Hybridity,Trust, and the Legitimacy of the Shari'ah in the Bangsamoro

Legal hybrids have the potential to address justice and development issues in both conflict and postconflict settings. Using the Philippine Shari'ah court system as a case study, this study demonstrates that state hybrids suffer from legitimacy and capacity issues that also constrain their ability to deliver effective justice services and respond to conflict challenges. Forging cooperative networks between secular courts and Shari'ah courts and between local justice personnel and central justice authorities can enhance the effectiveness and legitimacy of a formalized legal hybrid. This can assist in addressing the justice deficit that fuels the cycle of conflict and sustain peacebuilding efforts postconflict.     

Place, Space, and Time in the Sign of Property

Property is a complex sign in semiotics. It is also the source of tension and conflict in law. This paper examines property in triadic terms consisting of what Charles S. Peirce would identify as the icon (firstness), the index (secondness), and the symbol (thirdness). From this perspective the paper explores the ideas of place, space, and time at the iconic level of the sign of property. Discussion addresses the way in which property serves as a coded system for communicating information about a given community’s values and its cultural-interpretive hierarchy. Much like an aboriginal songline, property functions as a way of imprinting the land with impressions of social ordering related to place, space, and time. In the context of global trade we therefore observe property conflicts which are sometimes not so much about the technical language of property as they are about tensions among the embedded values in competing signs of property.

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Departmentalization, migration, and the politics of the family in the post-war French Caribbean

This article examines the ways in which metropolitan French officials attempted to deal with the “population problem” in Martinique and Guadeloupe after they became overseas departments (DOMs) of France in 1946. Warning of a demographic crisis in the Antilles, French administrators targeted what they saw as a loose family structure and promoted European family values of Christian marriage and a stable nuclear family. The government justified smaller social subsidies to citizens of the new DOMs by citing the supposedly problematic nature of the Caribbean family and its difference from the French norm. In 1963 the government initiated a wave of emigration to the metropole through an agency called BUMIDOM which was to decrease birth rates in the Antilles and provide much-needed unskilled labor in France itself. Although the impact of emigration on the birthrate is unclear, one lasting legacy of this period was the acute sense of injustice many Antilleans felt at being treated unequally by the state. While birth rates have gone down in the DOMs it had little to do with the acceptance of European family models.     

依法严格科学文明治监与监狱工作法制化建设

监狱工作法制化,就是要形成完备的法律、法规、规章体系,把监狱的全部工作纳入法制化的轨道,依法管理,规范运行,切实做到依法治监。笔者认为,推进监狱工作法制化建设,关键在于树立依法、严格、科学、文明治监的理念。因为,依法、严格、科学、文明既是当前监狱管理的总体要求,也是现代监狱理念的核心内容。所以,牢固树立依法、严格、科学、文明治监的理念,对推进监狱工作法制化建设具有十分重要的意义。一、依法治监是法制化建设的根本要求监狱工作法制化的主要任务,就是要使监狱人民警察牢固树立法律至上的观念,自觉养成良好的执法意识,全面提     

Church,State, and Society in the East

The articles in this issue of Russian Politics and Law examine the role of religion in state-society relations in Russia, with a specific focus on the Russian Orthodox Church. They highlight the role of the Church in modern Russian society and its relationship with the state, showing that as the relationship between Church and state has become closer, hopes that Patriarch Kirill would rejuvenate the Church have proved largely unfounded.     

Church,State, and Society in the East

This issue of Russian Politics and Law concludes our series reviewing the role of religion in state-society relations in the former Soviet Union. This issue examines the role of the Church in Belarus and provides several analytical perspectives on the series' findings. The analytical findings highlight the distinction between the extent of popular identification with Orthodoxy and levels of active practice and belief among the population.     

Departmentalization,migration, and the politics of the family in the post-war French Caribbean

This article examines the ways in which metropolitan French officials attempted to deal with the “population problem” in Martinique and Guadeloupe after they became overseas departments (DOMs) of France in 1946. Warning of a demographic crisis in the Antilles, French administrators targeted what they saw as a loose family structure and promoted European family values of Christian marriage and a stable nuclear family. The government justified smaller social subsidies to citizens of the new DOMs by citing the supposedly problematic nature of the Caribbean family and its difference from the French norm. In 1963 the government initiated a wave of emigration to the metropole through an agency called BUMIDOM which was to decrease birth rates in the Antilles and provide much-needed unskilled labor in France itself. Although the impact of emigration on the birthrate is unclear, one lasting legacy of this period was the acute sense of injustice many Antilleans felt at being treated unequally by the state. While birth rates have gone down in the DOMs it had little to do with the acceptance of European family models.     

Emergent patterns in the regulation of pharmaceuticals: institutions and interests in the United States,Canada, Britain,and France

Although industrialized nations regulate pharmaceuticals to ensure their safety and efficacy, they balance these concerns with those related to the timeliness of the approval process and the burdens involved in meeting regulatory criteria. The United States, Canada, Britain, and France have adopted different approaches to the regulation of pharmaceuticals that place varying emphases on these competing goals and involve the participation of private interests to different extents. The regulatory approval processes and the government-industry relationships inherent within them are compared in the United States, Canada, Britain, and France by analyzing five features that distinguish the U.S. pluralist from the European corporatist approaches to policy development: representation (internal versus external), process (closed versus open), stance (informal, accommodative versus formal, adversarial), institutional power (fragmented versus centralized), and resources. An institutional framework further characterizes these approaches as based on models of managerial discretion and adjudication (United States), consultation (Canada), and bargaining (Britain, France) to clarify the patterns that emerge. While the approach that most effectively supports product safety involves managerial discretion as occurs in the United States, formal mechanisms for negotiation might be incorporated rather than a reliance on the judicial process. In an era of globalization and regulatory harmonization such divergence has significant implications. First, where harmonization in Europe involves the mutual recognition of one country's product licensing decision by the others, differences in evaluative processes remain important. Second, as harmonization leads to a common set of regulatory criteria, the criteria adopted tend to be those of nations with the least stringent regulatory standards, making evident the need for more responsive systems of post-market surveillance to protect the public interest.     

Church,State, and Society in the East

The articles in this issue of Russian Politics and Law review the role of religion in state-society relations in the former Soviet Union. They examine the role of the Church in several former Soviet republics and show that the Orthodox Churches in former Soviet states share many commonalities.     

Tobacco status,impulsivity, and the five-factor of the PANSS in paranoid schizophrenia

There is consistent evidence that impulsivity is linked to tobacco consumption and to symptomatology in schizophrenia. In the current study, we propose a new integrative model of the relationship between impulsivity, psychopathological symptoms, and tobacco status in patients with paranoid schizophrenia. We investigated 33 paranoid schizophrenia patients and 37 healthy controls using a battery of psychopathological scales included the Structured Clinical Interview for DSM-IV (SCID), the five-factor model of the Positive and Negative Symptom Scale (PANSS), the Barratt Impulsiveness Scale (BIS-10), and the UPPS Impulsive Behavior scale (UPPS). Step-wise regression analysis revealed that positive factor of the PANSS and tobacco status contributed positively and significantly to the explained variance of impulsivity. In addition, non-planning impulsivity and sensation-seeking emerged as significant predictors of tobacco status, while smoking predicted non-planning impulsivity and sensation-seeking. Our results suggest that the relationship between sensation-seeking and tobacco use is reciprocal and proposes a new integrative model of the relationship between impulsivity, positive symptoms and tobacco status in patients with paranoid schizophrenia. However, the exact mechanisms for these relationships deserve further investigation.     

Legal,Extra-Legal,and Organizational Factors in the Disposition of Juveniles

This paper examines the effect of legal, extra-legal, and organizational factors on the processing of delinquents in selected California counties. A brief review of each perspective is given followed by a discussion of the data base and variables included in the analysis. Overall, bivariate relationships stress the importance of legal compared to extra-legal characteristics. The analysis also reveals clear evidence of the importance of organizational differences in juvenile court processing. Multivariate analysis revealed few differences in this pattern with the exception of “race” where some degree of interaction was found to exist when controls for offense were introduced. An analysis of covariance model shows that case sequence, county, and referral source were the most important predictors of case outcome.     

Disability,Rights, and the Construction of Sexuality in Tort Claims

This study empirically investigates how courts define sexuality of disabled persons in the absence of a formal right to sexuality. The focus of the study is tort law, a field ungoverned by direct disability rights legislation, assuming that tort law is the law of disablement as it concerns the transformative process of becoming disabled. The study investigates the types of damages courts have awarded for harm to sexual functioning, inquiring to whom and under what conditions have they been awarded. Additionally, it examines the discourse that characterizes each type of damages, and the legal, social, medical, and healthcare policy developments that have affected courts' rhetoric and reasoning. Our findings reveal shifting trends in scale, content, and inclusiveness of beneficiaries in terms of gender and age. Over time, courts have adopted a more hopeful and dynamic approach to disabled persons' sexuality while remaining within an individual‐medical framework. We suggest that these shifting trends can be linked to the slow diffusion of the social‐affirmative approach to disability, the limits of tort law as a field, and the role of healthcare policy in shaping the landscape of tort claims.     

Normative challenges of identification in the Internet of Things: Privacy,profiling, discrimination,and the GDPR

In the Internet of Things (IoT), identification and access control technologies provide essential infrastructure to link data between a user's devices with unique identities, and provide seamless and linked up services. At the same time, profiling methods based on linked records can reveal unexpected details about users' identity and private life, which can conflict with privacy rights and lead to economic, social, and other forms of discriminatory treatment. A balance must be struck between identification and access control required for the IoT to function and user rights to privacy and identity. Striking this balance is not an easy task because of weaknesses in cybersecurity and anonymisation techniques. The EU General Data Protection Regulation (GDPR), set to come into force in May 2018, may provide essential guidance to achieve a fair balance between the interests of IoT providers and users. Through a review of academic and policy literature, this paper maps the inherent tension between privacy and identifiability in the IoT. It focuses on four challenges: (1) profiling, inference, and discrimination; (2) control and context-sensitive sharing of identity; (3) consent and uncertainty; and (4) honesty, trust, and transparency. The paper will then examine the extent to which several standards defined in the GDPR will provide meaningful protection for privacy and control over identity for users of IoT. The paper concludes that in order to minimise the privacy impact of the conflicts between data protection principles and identification in the IoT, GDPR standards urgently require further specification and implementation into the design and deployment of IoT technologies.