Deploying the Classic 'Community Method' in the Social Policy Field: The Example of the Acquired Rights Directive

The use of the Community method of legislation, in particular the deployment of directives, has for a long time been at the core of EC labour market policy. This article seeks to reflect on the lessons to be learned from the experience of the adoption and operation of one particularly significant directive, namely the Acquired Rights Directive, and on the experience of its transposition in one Member State, Ireland. Among features noted at the EU level are the watering down of the Commission's initial legislative ambitions; the substantial lacunae, failures to address issues and ambiguities incorporated in the text of the directive, the consequent enlarged role for the Court of Justice and the apparent difficulty in changing policy direction in the event of errors being made. As regards the Irish experience of transposing the directive, lessons learnt have included the importance of the means of implementation chosen by the Member State; the obstructive effect which national industrial relations systems may have on the evolution of a common European approach; the significance which attaches to national sanctions and enforcement mechanisms; the importance attaching to the degree of collective organisation in workplaces where the implementing legislation is sought to be relied upon; and the potential which the implementation of a directive has for disruption of the harmony of a national policy approach. Finally, the use of a form of social dialogue in the implementation of employment-related directives in Ireland is also commented upon.     

Philosophical Criminology and Complex Systems Science: Towards a Critical Theory of Justice

Chaos theory (or complex systems science, CSS) has made considerable inroads across a range of social science disciplines, including criminology. However, little has been done to assess the relevance of chaos theory for advancing a philosophical criminology. This task is significant because it tells us something about where, how, and why most modernist theories of crime are of limited utility when advancing the interests of justice and humanism in society. Accordingly, this article outlines the essential features of a philosophical criminology, including its commitments to ontology, epistemology, aesthetics, and ethics. Moreover, the contexts in which several key chaos theory principles such as iteration, sensitive dependence on initial conditions, bifurcations, attractors, fractal space, and dissipative structures function to promote a philosophical criminology are explored. A number of implications stemming from this analysis for purposes of critical theory building in law, crime, and justice studies are provisionally delineated.

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Are There Gender Differences in Demand for Index-Based Livestock Insurance?

Risk management plays a role in avoiding and escaping chronic poverty throughout the world, particularly for women, who are disproportionately negatively affected by shocks. Using three years of household survey data, administrative records and qualitative interviews, this paper examines the relationship between gender and demand for index-based livestock insurance (IBLI) among pastoralists in southern Ethiopia. IBLI appears to be equitably accessed by men and women alike and we find limited evidence of gender-differentiated demand for IBLI. We also find only modest differences associated with age and share of income from livestock.