THE POLITICAL ECONOMY OF THE NATIONAL DEFENSE STOCKPILE

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A NATURAL LAW DEFENSE TO THE EMPLOYMENT LAW QUESTION: A RESPONSE TO RICHARD EPSTEIN

Every individual is continually exerting himself to find out the most advantageous employment for whatever capital he can demand. It is his own advantage, indeed, and not that of the society which he has in view. But the study of his own advantage naturally, or rather necessarily, leads him to prefer that employment which is most advantageous tothe society. ¹
The modern laborer, … instead of rising with the progress of industry, sinks deeper and deeper below the conditions of existence of his own class. He becomes a pauper, and pauperism develops more rapidly than population and wealth. ²
Eveyone has the right to work to free choice Of employment, to just and favorable conditions of work and to protection against unemployment. Eveyone, without any discrimination, has the right to equal pay for equal work. Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented if necessary, other means of social protection. Everyone has the right to form and to join trade unions for the protection of his interests. Evereyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holiday with pay. ³     

Theodor Adorno,Alterglobalization, and Non-identity Politics

While the Critical Theory of the Frankfurt School has become an interesting player in recent theoretical attempts to understand the problems of, and potential solutions to, capitalist regimes of globalization, it has been generally limited to the work of Jürgen Habermas and his followers. As seen in the recent work of David Held and Nancy Fraser, Habermas's notion of the ideal of the public sphere and his conception of deliberative democracy have provided tantalizing tools for rethinking the importance of global civil institutions and spaces in furthering, to draw upon terms from Fraser's work, both recognition and redistribution on a global level. What has been less relevant in this resuscitation of Critical Theory in things global has been the work of the first-generation Frankfurt School theorists. In particular, the importance that Theodor Adorno's theory may have in articulating and characterizing the character of alterglobalization movements is explored. Adorno's notion of negative dialectics is first looked to in order to uncover a conception of radical politics, and then the recent attempt by John Holloway to bring in Adorno for the global anti-capitalist movement is explored. It is argued that while Holloway draws upon relevant and important aspects of Adorno's thinking, he does so by reinforcing some of the more problematic elements in Adorno's theory. Finally, Ernesto Laclau's characterization of political struggle is brought in to fully flesh out a non-identity politics implied in Adorno's work.     

A Break Away from the (Hetero)norm?: Lawrence v Gallagher [2012] 1 FCR 557; [2012] EWCA Civ 394

In Lawrence v Gallagher, the issue as to what constitutes an equitable division of assets in the event of civil partnership dissolution arose for the first time. It had been hoped that the case would mark a break away from the heavy reliance upon heteronormativity that had been characteristic of the previous ancillary relief case law. However, it is argued here that what we see within the judgment is the Court of Appeal presenting the problem (and, so, the parties) in Lawrence so as to ‘fit’ within the pre-existing framework. Even at this early stage, it seems that legal actors are approaching civil partnerships on the basis of gendered assumptions and expectations. There is a need to raise awareness of this inability to get past ideas about heteronormativity, and to highlight their possible incompatibility with the lives of lesbian and gay couples, before their radical potential is lost.