Anarchs and Social Guys

This contribution addresses the question raised by Robin Fox concerning our tribal ancestry and its relevance to modernity and civilization. The discussion centers first on the concept of communitas with the suggestion that it be defined as referring to two different states, the psychological communitas and the sociological communitas. Groups or communities organized along the lines of a sociological communitas are then examined cursorily and their properties are outlined. Numerous tribal groups of that sort have been documented and have been shown to lack the traits of what is called a social organization. The observation of their non-social organization is arguably a fact of major significance in the social sciences, one that has not been clearly highlighted so far. The hypothesis presented in this paper is that such organizations that are anarchic and complex have to be epistemologically dissociated from organizations that are social. Anarchs and social guys thus point to two different ancestries in the genealogy of humankind.     

Bank Charges and the Core Exemption: Office of Fair Trading v Abbey National Plc

Consideration is given to the treatment of the core exemption in Regulation 6(2) of the Unfair Terms in Consumer Contracts Regulations 1999 in Office of Fair Trading v Abbey National Bank. Certain aspects of the approach taken to the general limitation of the exemption to terms in plain intelligible language are looked at, before the scope of Regulation 6(2)(b) itself is addressed.     

Adorno and Marcuse at the Barricades?: Critical Theory,Scholar-Activism,and the Neoliberal University

When Marx proclaimed the importance of not just interpreting the world but actually changing it, he initiated an important imperative that has existed within all forms of critical theory up to today. Drawing upon the work of Theodor Adorno and Herbert Marcuse, we use their unique way of looking at the theory/praxis couplet as an avenue to rethink the role of critical theory as a form of “scholar-activism.” Theory, to paraphrase Adorno, lives on because the moment to realize it was missed; and it is because of this lack of immediate utility that theory occupies a space of resistance. Nonetheless, as Marcuse avered, theory itself may retreat into the privileged space of scholastic philosophy if it does not constantly engage activist movements that challenge the historical and social conditions of human oppression. In the first part of the essay, we will look at Adorno and Marcuse’s critical theories as well as their own political engagements to clarify the concept of critical theory as scholar-activism. In the second part of the essay, we will demonstrate the importance of this particular kind of scholar-activism in the context of (and against the logic of) the neoliberal university.     

What does Brexit Mean for the UK's Climate Change Act?

This article examines the potential implications of the United Kingdom's exit from the European Union (so‐called ‘Brexit’) for the success and survival of the country's flagship climate policy, the Climate Change Act 2008. The impact of a ‘soft’ and a ‘hard’ Brexit for the main features of the Climate Change Act are assessed, building on documentary evidence and elite interviews with key policy‐makers and policy‐shapers. The article argues that the long‐term viability of the Climate Change Act was being threatened even before the EU referendum, and that Brexit will do little to improve this situation. Even though the existence of the Climate Change Act is not under immediate threat, a range of issues presented by Brexit risk undermining its successful implementation.     

Exploring the Political Agency of Humanitarian NGOs: Médecins Sans Frontières During the European Refugee Crisis

Due to the recent high influx of refugees, migration has become one of the most politicised issues within the European Union (EU). To explore the political agency of humanitarian NGOs, this article analyses the behaviour of Médecins Sans Frontières (MSF) during the peak of the influx from April 2015 to June 2016. Outrage about the EU’s response to the refugee crisis triggered confrontational and politicised strategies from MSF that aimed to enhance contestation and mobilise public opinion. The proximity of the crisis and the organisation’s independence and decentralised structure facilitated this political agency. Furthermore, neither MSF’s strong commitment to the humanitarian principles of neutrality, impartiality and independence, nor its cooperative ties to national and international political elites, hindered its political actions in this situation. This article therefore refutes the common perspective that humanitarian NGOs are generally cooperative and, ultimately, depoliticising agents in global governance. Under certain conditions, humanitarian NGOs can decide to become highly political and confrontational in opposing national and EU policies.     

Is Co-decision Good for the Environment? An Analysis of the European Parliament's Green Credentials

The European Parliament (EP) has long been regarded as a positive force for environmental change in the EU, but there has been little detailed empirical scrutiny to determine whether its reputation as a green champion is deserved. Nor has there been any evaluation of the environmental impact of the increase in EP powers under co-decision. These oversights are rectified by an evaluation of the EP's amendments to environmental legislation using typologies that rank them in terms of their level of ecological commitment and importance. EP amendments proposed under three procedures of decision making are compared in order to determine whether recent increases in the EP's powers under the co-decision procedure have affected its ability and willingness to adopt 'green' amendments. It is clear that the EP has consistently tried to strengthen environmental legislation but there is some ambiguity as to whether co-decision has been good for the environment.