Ambivalent Sovereigns and Restorative Justice: Exploring Conditions of Possibility and Impossibility for Restorative Justice in a Post-communicative Age

This contribution hopes to be able to contribute to answering the question: whither restorative justice? The restorative justice (RJ) movement has arrived at an existential crossroads. In this contribution an attempt is made to analyse how some of the origins of the RJ movement could be located in the emergence and crystallization of a new form of life (“control society”) in the wake of the Second World War. At the heart of this form of life one might be able to discern, on the one hand, a desire for and will to radical sovereignty, and, on the other, a resulting awareness of ambivalence. Whilst these aspects of post-war life have formed the backdrop of developments in RJ, and have therefore formed part of its conditions of possibility, one might now wonder if, in a post-communicative age such as ours, those very aspects have now become part of its conditions of impossibility. The argument explored in this contribution however holds that elements in the aforementioned form of life also hold potential for the re-thinking of restorative justice theory and practice.     

Making Sure Neuropsychological Data Are Meaningful: Use of Performance Validity Testing in Medicolegal and Clinical Contexts

Performance validity testing (PVT) is a standard of practice in situations where there are prominent secondary gain issues; however, it is suggested that their use may benefit neuropsychological evaluations in clinical contexts, as engagement in neuropsychological evaluations can affect the validity of testing and can occur for a variety of reasons outside of secondary gain issues. Several methods of embedded index development, as well as methods to combine them are discussed, including issues related to use of multiple indices. The potential limitations to administration of multiple indices are also explored. It is suggested that neuropsychological evaluations can benefit from PVT in regular clinical practice to assist with reaching firmer diagnostic conclusions by assuring test result validity.     

Trustees versus fiscal agents and default risk in international sovereign bonds

Over the last 10?years, organisations such as the IMF have launched several initiatives to change market practice with respect to sovereign bond contract drafting to ease restructuring after defaults. The first of these, the universal adoption of collective action clauses, was embraced by the market after some hesitation. Another proposal??the more widespread appointment of trustees to represent bondholders in times of crisis, to centralise enforcement action against the debtor and thus to facilitate debt relief??has so far failed to have the desired impact. Amongst other potential reasons for this failure, the argument has been made that to vest enforcement rights in the trustee, as opposed to individual bondholder rights, would be to reduce the deterrence against opportunistic defaults and thus to exacerbate moral hazard. Using a sample of secondary market bond spreads and information on default status, this paper assesses empirically whether sovereign bonds issued under a trust structure indeed carry a higher default risk. It finds no systematic evidence of either a spread premium or higher actual default rates for bonds with collective enforcement rights.     

Comparing urban renewal in Barcelona and Seoul—urban management in conditions of competition among global cities

Cities have become increasingly autonomous economic and political actors which actively respond to the pressures and opportunities of globalisation. Consequently, the urban management of any particular city is often based on the assumption that the city can improve its position against rival cities by efficiently managing its strategic resources and promoting its presumed advantages. Though such an approach to urban management may help cities to improve their global competitiveness and the quality of their residents’ everyday life, it can sometimes result in negative consequences at the local level, thus actually narrowing the development prospects of the cities in the end. This article discusses urban management against the backdrop of the competitive urban policy in Barcelona and Seoul, and compares the local consequences of urban renewal in both cities. Based on a comparison of the two cases of urban renewal, 22@ Activity District in Barcelona and the Cheonggyecheon restoration in Seoul, this article argues that, in conditions of competition among global cities, even very different approaches to urban management and urban renewal may result in similar consequences at the local level.