Family history,identity, and public history: writing a history of The Benevolent Society in its 200th year

Abstract

Since 2011, the authors have worked together on outputs associated with the bicentenary of The Benevolent Society of New South Wales, Australia's oldest charity, established in 1813. This article focuses on one of those outputs—a project making use of family histories of clients of The Benevolent Society's Asylum, in the second half of the nineteenth century, to reveal the histories of these families in colonial New South Wales. The project also involves an exploration of the many different ways in which contemporary Australians are active agents in the creation of historical knowledge when practicing family history.     

If democracy,then human rights?

At the beginning of the twenty-first century, democracy and human rights are usually thought of as symbiotic. It follows from this that the promotion of democracy as the only legitimate form of government inevitably supports claims for universal human rights. This article discusses this claim, with particular reference to efforts to promote democracy in less developed states. It begins by identifying the central features of democracy and placing them within the critical context of globalisation. It then moves to question the symbiotic assumption, first, through a discussion on democracy and global order and, second, through a discussion of development and human rights. The conclusion to be drawn from these discussions suggests that democracy promotion has more to do with global economic interests than with delivering human rights to the poor and excluded in less developed countries.     

Terrorism and subversion of the state: Italian legal responses

Political assassinations constitute a specific form of violence intended to take someone else's life against that person's wish. The act of killing (the ‘event') is distinguished from the cultural interpretation given to that act (the ‘rhetorical device'). The essay examines the rhetorical device as a cultural artifact to construct and interpret the deliberate serious attempt(s) to kill a specific actor for political reasons having something to do with the political position (or role) of the victim, and with the symbolic‐moral universe out of which the assassin/s act(s). This universe generates the legitimacy and justifications required for the act, which are usually presented in quasi‐legal terms although the acts are typically not the result of a fair legal procedure.     

Identity,Ideology, and Malleability

Roel Meijer's edited volume fills massive gaps in the Western literature on Salafism, presenting a highly nuanced account of a diverse and internally divided religious identity movement while avoiding the opposing pitfalls of apologetics and polemics. Aside from the diversity of the movement, a key theme throughout the volume is the persistent malleability of Salafi ideology, which has major implications for states, social policy, and international security. The unavoidable conclusion seems to be that even “quietist” strands cannot be considered reliably quietist. Those who seek to better understand the tensions within Salafism, the relationship between this movement and states around the world, and how Salafism stands in relation to various forms of aggressive, violent contention would be well-advised to refer to this volume.     

Locating Al Qaeda's Center of Gravity: The Role of Middle Managers

This article claims that the ongoing debate about the structure and dynamics of Al Qaeda has failed to appreciate the importance of an organizational layer that is situated between the top leadership and the grass-roots. Rather than being “leaderless,” it is the group's middle management that holds Al Qaeda together. In Clausewitzian terms, Al Qaeda's middle managers represent a center of gravity—a “hub of … power and movement”—that facilitates the grass-roots’ integration into the organization and provides the top leadership with the global reach it needs in order to carry out its terrorist campaign, especially in Europe and North America. They are, in other words, the connective tissue that makes Al Qaeda work. The article substantiates this hypothesis by providing a number of case studies of Al Qaeda middle managers, which illustrate the critical role they have played in integrating the grass-roots with the top leadership. The policy implications are both obvious and important. If neither the top leadership nor the grass-roots alone can provide Al Qaeda with strategic momentum, it will be essential to identify and neutralize the middle managers, and—in doing so—“cause the network to collapse on itself.”     

Assessing oral skills—time for reflection,time for risk

Abstract

THIS PAPER aims to establish a framework from which we can explain our dissatisfaction with defining what we teach and what and how we assess within legal education. To what extent can we, the professions or the public, have confidence that our assessment processes predict effective professional competence?

We will try to establish this framework by placing the discussion in the context of a workshop of assessment of oral skills run at the 2001 Bar Vocational Course conference. The workshop raised issues which we believe encapsulate the difficulties of measuring performance in such a way that it reliably predicts professional effectiveness. From this we will attempt to highlight the shortcomings of the current teaching, learning and assessment strategies more generally.

We go on to consider the role of student reflection in support of summative assessment: is it a reliable way of helping to plug the competence‐performance gap we have identified? What is its role in summative assessment? What demands does it make on tutor and learner? Since we cannot guarantee to find the best solutions first time, we make a plea for taking the risk of failure as well as success, and trying out ideas.     

When do Economic Perceptions Matter for Party Approval?

Do economic perceptions influence partisan preferences or vice versa? We argue that the direction of influence between government approval and economic perceptions is conditional on the state of the economy. Under conditions of economic crisis, when economic signals are relatively unambiguous, perceptions of the economy can be expected to exogenously influence government approval but this is not found when the economy is experiencing a more typical pattern of moderate growth and economic signals are more mixed. We test these arguments using British election panel surveys covering electoral cycles of moderate economic growth (1997–2001) and dramatic and negative disruption (2005–2010). We examine the most commonly employed measures of retrospective economic perceptions and estimate a range of models using structural equations modelling. We demonstrate that when the economy is performing extremely badly economic perceptions have an exogenous effect on government approval and provide a means of electoral accountability, but this is not the case in under more normal circumstances.     

A biomechanical reconstruction of a wound caused by a glass shard--a case report

During the course of a criminal trial, an investigating pathologist is commonly asked how much force was required to produce an injury. This subjective opinion is based on the pathologist's previous experience of dealing with wounds inflicted with similar weapons. However, in the case of stab wounds inflicted by broken glass, it is unlikely that two glass fragments would be physically similar. In the case studied, two theories were examined: that a wound resulted from a thrown glass fragment or that it had been caused as a stab injury by the glass held in the bare hand. The investigation involved quantifying the energy required for human tissue penetration, comparison of sharpness, a biomechanical analysis of throwing actions and testing of the hypothesis that if the glass shard were used as a stabbing implement it would result in a cut to the hand.The investigation utilised a scientific methodology that reduced the need for speculative (though informed) opinion from the pathologist by producing quantitative results.     

Abolishing Marriage: Can Civil Partnership Cover it?

This paper argues that all adult intimate relationships should be regulated under one single statute. This statute should be the Civil Partnership Act 2004 (which currently applies to same sex couples). The Matrimonial Causes Act 1973 (which applies to opposite sex couples), should be repealed; it should not be amended to include same sex couples. There would, as a consequence, be no such thing as (legal) marriage. Marriage as a legal construct is a heterosexual and patriarchal institution and is therefore so fundamentally flawed it is beyond the possibility of successful reform or repair. The present system of having two distinct legal means of relationship recognition is akin to sexual apartheid and is therefore unsustainable in the long term. Having a legal system which recognises only one form of legal partnership would therefore formally end a discriminatory system. Despite its drawbacks, Civil Partnership does not have the same extent of symbolic and practical degree of flaws as Marriage.