The Many Meanings of Equality and Positive Action in Favour of Women under European Community Law - A Conceptual Analysis

Abstract: The principle of equality of men and women as understood by Community institutions covers four distinguishable aspects. The first is equal treatment, defined in Community texts as the absence of legal gender discrimination. This concept focuses on individual rights and does not take into account the social context in which rules function. Second, the Community seeks to realise equal opportunities, understood as factual equality of chances. Third, Community law displays a concern for factually equal outcomes. The institutions accept legally different treatment that seeks to equalise unequal living conditions and inversely admit that facially neutral rules can have discriminatory effects. Finally, various documents conceive of gender equality as equal representation of the sexes in professional and public life. In the Kalanke decision of October 1995, the Court for the first time dealt with quotas in favour of women. It held that a national provision granting female candidates an automatic preference is incompatible with the right to equal treatment. The Court failed to acknowledge the tensions that arise from the coexistence of paradigms. An awareness of the multiplicity of concepts of equality, exhibited in Community law and rooted in the common constitutional heritage of the Member States, is however a prerequisite for a more sophisticated discussion of the issue of positive action.     

Analysis of lipsticks

A combination of thin-layer and gas chromatography has been shown to be suitable for the analysis, characterisation and discrimination of the small quantities of lipsticks which may be encountered in forensic casework.     

Ways of Knowing and Inclusive Management Practices

The authors engage structural and agentic perspectives to examine opportunities for deliberation and the purposeful role of managers in creating those opportunities. Drawing on actor-network theory as a way of understanding the process of structuring knowledge, this essay focuses on the continuous enactment and reenactment of networks of human and nonhuman actants and the associations that connect them. This thinking is applied to policy issues, which the authors propose should be understood as ways of knowing. The fluidity of such ways of knowing provides opportunities for public managers to use the inclusive practices associated with boundary experiences, boundary objects, and boundary organizations to facilitate deliberation.     

Effects of Testimonial Inconsistencies and Eyewitness Confidence on Mock-Juror Judgments

This study examined the interaction between testimonial consistency and eyewitness confidence on mock-jurors' judgments of probability that the defendant committed the crime and verdicts. In a 2 (testimonial consistency) × 2 (confidence) between-groups design, 130 mock-jurors listened to an audio-taped trial of a person charged with armed robbery. Manipulations were contained in the prosecution witness's responses to detailed questioning by prosecution and defense attorneys. Although consistency is considered to be a key marker of accuracy, its impact on judgments was weak and nonsignificant. Witness confidence had a strong influence on judgments, whether testimony was consistent or inconsistent. We suggested that witness confidence may be more likely to emerge as a dominant influence on juror judgments when the testimony is wide ranging rather than relatively brief and concerned only with a specific issue (e.g., identification confidence).     

The International Humanitarian Regime and its Discontents: India’s Challenge

Abstract

In recent years, concerns over whether the humanitarian regime as we know it will survive a many-pronged challenge have spurred humanitarian organisations to embark on processes of soul-searching and innovation. With a steadily increasing aid budget and its more active and vocal role in development and humanitarian politics—and in global politics more generally—India has acquired the label of ‘emerging’ humanitarian actor. This article, however, shows that in many ways India has been a humanitarian pioneer, and connects the norms and values of the international humanitarian regime with India’s own philosophical, religious and democratic traditions. It also discusses how Indian policy-makers have critiqued the current United Nations-led international humanitarian regime and investigates how the government of an increasingly powerful and influential Commonwealth country from the South interacts with an international regime created in Europe. For many Indian policy-makers, current humanitarian practices are tainted by what they see as North American and European interventionist and highly political agendas in the South. The article concludes that while there is still a lot to be said for a global, multilateral humanitarian regime led by the United Nations, it need not be Western-biased, either in theory or in practice.