Framing the Choice Between Cash and the Courthouse: Experiences With the 9/11 Victim Compensation Fund

In this article I report the results of a quantitative and qualitative empirical study of how those who were injured or lost a family member in the September 11, 2001, terrorist attacks evaluated the tradeoff between a cash payment—available through the Victim Compensation Fund—and the pursuit of litigation. Responses make it clear that potential plaintiffs saw much more at stake than monetary compensation and that the choice to forego litigation required the sacrifice of important nonmonetary, civic values: obtaining and publicizing information about what happened, prompting public findings of accountability for those responsible, and participating in the process of ensuring that there would be responsive change to what was learned about how the attacks and deaths happened. The results shed light on the framing component of the transformation of disputes, and in particular on how potential litigants see the decision to sue, or not, as a decision as much or more about how they understand their relationship to their community and their responsibilities as a citizen as how they evaluate monetary considerations.     

Textbook citizens: Education for democracy and political culture in el Salvador

Political education can play a crucial role in the process of democratization precisely because it is moulding the norms and expectations of the ‘ordinary’ citizen. After identifying three politico‐cultural obstacles to democratization, ‐ exclusion, violence and institutional manipulation ‐ the article explains how education for democracy programmes might undermine these obstacles. An assessment of several projects follows, including a new school curriculum and non‐governmental organization programmes among young people and poor communities. Given the enthusiasm shown towards such initiatives, it is paradoxical that levels of formal political participation via the parties are very low. The article explores the credibility gap of the parties, especially notable during elections, and which is leading the parties to respond by adopting more participatory practices at the base. El Salvador is in an advantageous position precisely because of its greatest problem: the lack of a liberal democratic history which is now allowing ordinary citizens to ‘create’ their democracy from scratch and to imagine for themselves a new identity as citizens.     

Seeing Red: Entropy, Property, and Resistance in the Summer Riots 2011

This paper explores the thermodynamic property ??entropy?? as a metaphor for aesthetics and politics, law and resistance in the case of the Summer Riots 2011. The aim of the paper is to use the framework and structure of entropy to demonstrate a political aesthetics of property. This shall be done by firstly linking entropy with aesthetic concepts of order, disorder, symmetry and equilibrium. Works on complex adaptive systems to account for collective behaviour, combined with Benjaminian and Adornian accounts of the commodity, shall be used alongside the relevance of crowd theory in explaining not the riots themselves but the sentencing of collectivity in the case of R v Blackshaw & Others [2011] EWCA Crim 2312. Following Rancière and the arts and crafts movement, utility and beauty, the breaking down of the divisions of art, life, philosophy and science are summarised as the lesson of entropy for law. This re-visiting of the Summer Riots 2011 hopes to re-evaluate the sentencing procedures in light of ??Riot-Related Offending?? through an aesthetic politics of collectivity, property and commodity.