Preference for the Merit Principle Scale: An Individual Difference Measure of Distributive Justice Preferences

The present paper describes the development and validation of the Preference for the Merit Principle (PMP) Scale, a measure to assess people's preference for allocating outcomes on the basis of the distributive justice principle of merit. On the basis of data from a large sample of undergraduate students, we tested the construct and predictive validity of the scale and compared the results with the performance of two existing justice scales (Rasinski's, 1987, Proportionality Scale, and Rubin and Peplau's, 1975, Belief in a Just World Scale). Overall, we found that the PMP Scale had superior construct validity as compared with the Proportionality Scale. In brief, the PMP Scale was more independent of conceptually distinct constructs, such as prejudice and right-wing authoritarianism. In addition, unlike the Proportionality and Just World Scales, the PMP Scale was able to predict participants' future attitudes toward affirmative action     

The Tantric Context of Ratnākaraśānti’s Philosophy of Mind

The conflicting positions of the two early eleventh century Yogācāra scholars, Ratnākara?ānti and his critic Jñāna?rīmitra, concerning whether or not consciousness can exist without content (ākāra) are inseparable from their respective understandings of enlightenment. Ratnākara?ānti argues that consciousness can be contentless (nirākāra)—and that, for a buddha, it must be. Mental content can be defeated by reasoning and made to disappear by meditative cultivation, and so it is fundamentally distinct (bheda) from the nature of consciousness, which is never defeated and never ceases. That mental content is thus separable from the nature of consciousness is unimaginable to Jñāna?rīmitra, who argues that all mental content cannot be so defeated, nor can it disappear completely, and who concludes that Ratnākara?ānti’s commitment to this idea can be based on nothing but faith (?raddhā). Contra Jñāna?rīmitra, I will suggest that Ratnākara?ānti’s view is based not only on faith, but is also driven by a certain (often implicit) theory of buddhahood, the implications of which he is committed to working out. Because Ratnākara?ānti’s theory of buddhahood is developed in part in his tantric work, our understanding of his position benefits from our reading it in this context, wherein buddhahood and the most effective techniques for attaining it are explored.     

More Than IndyRef2? The Referendums (Scotland) Act 2020

Demands for a second Scottish independence referendum have persisted since 2014. The Scottish government introduced the Referendums (Scotland) Bill at Holyrood in May 2019 to enable referendums within the competence of the Scottish parliament. The Scottish National Party (SNP) government presented this as a framework enabling a range of referendums. Opponents saw this as legislating for a second independence referendum. The act will form a large part of the legal framework and rules for any second independence referendum. Importantly, the legislation provides innovation in electoral law more generally. This article discusses the background to the bill, its initial contents, and debates around and amendments to the bill. It discusses its electoral law innovations, before considering its limitations and place as constitutional debates play out over a second independence referendum.     

Romalpa and Contractual Innovation

Socio‐legal studies have given relatively little attention to the mechanisms by which change occurs to the boilerplate that constitute modern contracts. Contrary to the impression left by neo‐classical contract theory (and its descendant, Chicago School law and economics), contracts are not routinely revised to provide an optimal solution. As recent empirical studies show, change is sporadic, even within high‐value contracts drafted by expert practitioners. Improvements to contractual form only arise after some external shock, which reveals the weakness in the prior norm. In the first application of this principle within the United Kingdom, the article considers the reputed rapid change in ‘retention of title’ clauses in sales transactions in the mid‐1970s, and identifies the factors, and personalities, that led to such rapid legal innovation and change.     

‘Wearing the Breeches’? Almack’s,the Female Patroness,and Public Femininity c.1764–1848

Almack’s, a mixed-sex establishment run by a group of female patronesses, was a popular meeting place for the aristocracy in the late eighteenth and early nineteenth centuries. Yet, despite its contemporary appeal, the establishment has received little attention from historians. This article addresses this absence, exploring the varying, and often contentious, social, cultural and political functions and meanings the establishment held. Building on recent historiographical developments, this article demonstrates how certain aristocratic women were able to exercise power and influence at the heart of their class. In doing so, it considers the intersections between gender, urban space and political culture. It argues that the activities of the female patronesses were often highly contested, exposing the narrow, and often blurred, line between legitimate and illegitimate action.     

The fate of the placid poor

InRegulating the Poor Piven and Cloward touched off controvery among academicians when they argued that the poor benefitted from civil turmoil. Those who believed that violence of any sort was wrong were inclined to believe that violence must also be ineffective. Studies done on the thesis repeatedly concluded that civil turmoil did help to advance the interests of the poor. Pluralists continued to argue that government responded to needs, not demands. For the twenty years following publication ofRegulating the Poor nothing like the urban riots of the sixties occurred in U.S. cities. Piven and Cloward had argued that “a placid poor hardly constitute a political constituency whose interests must be taken seriously”.¹ To what extent has recent history shown that the state will respond to the needs of the poor even in the absence of turmoil?     

The Institute for Fiscal Studies Report: English Council Funding: What’s Happened and What’s Next?

The article reviews the recent Institute for Fiscal Studies (IfFS) report, English Council Funding: What’s Happened and What’s Next. The article provides an overview of the main themes and findings of the report which examines the consequences of a sustained period of austerity for English local government and the impact of austerity on certain key council services. The article explores what the report has to say about the way councils have responded to reductions in government funding and the strategies they have developed to protect certain frontline services. The article reviews the suggestions made in the IfFS report for changing English local government funding and finds that they reflect a form of centralist thinking which lacks a radical edge when it comes to reform.