Taking Threat Seriously: Prejudice,Principle, and Attitudes Toward Racial Policies

Drawing from group theories of race-related attitudes and electoral politics, we develop and test how anxiety influences the relative weight of prejudice as a determinant of individuals’ support for racial policies. We hypothesize that prejudice will more strongly influence the racial policy preferences of people who are feeling anxious than it will for people who are not. Using an experimental design we manipulate subjects’ levels of threat and find significant treatment effects, as hypothesized. We find that individuals’ racial policy attitudes are partially conditional on their affective states: individuals who feel anxious report less support for racial policies than those individuals who do not feel anxious, even when this threat is stimulated by non-racial content. More broadly, we conclude that affect is central to a better understanding of individuals’ political attitudes and behaviors.     

Oxfam Australia's experience of ‘bottom–up’ accountability

Oxfam's experience suggests that ‘bottom–up’ accountability can be an important mechanism whereby men and women living in poverty can hold others to account. The first section of this article illustrates this with two examples of Oxfam experience in Vietnam and Sri Lanka. The second section draws out some of the lessons from these examples and attempts to situate them within the broader debate about approaches to accountability. In the third section some suggestions are put forward about what would need to change if active citizenship and ‘speaking truth to power’ were to become the renewed focus of accountability.     

Emotions in the Early Common Law (c. 1166–1215)

Beyond dealing with wrongdoing and litigation, law has many other functions. It can be designed to make life more predictable, it can facilitate and promote certain actions, it can seek to prevent disputes by laying down rules, and provide routes to solutions other than litigation should disputes arise. All of these can have connections to matters of emotion. Using both lawbooks and records of cases from the Angevin period, the present article begins by looking at issues of land law rather than crime, and at law outside rather than inside court. It then returns to crime and litigation before exploring the significance of the nature of legal records for the relationship between emotion and law. In doing so, it pays attention to emotion in action, to uses of emotionally charged language, to appearances of the vocabulary of emotions, and to the routinized use of words that might at other times or in other contexts have an emotional element. Underlying the analysis is an exploration of the ways in which some aspects of law became more discrete from ordinary social practice and discourse, in this instance through elements of distancing from emotion.     

A Normative Approach to the Quistclose Trust

This is the first article to undertake a sustained analysis of normative justifications for the Quistclose trust. Whilst much of the existing writing on this topic has focused on the better classification of such trusts – for instance, whether they are express, resulting, constructive or sui generis – this article asks why the law should recognise a trust in addition to any underlying legal relationship. Four key justifications are addressed, based on respecting party intention, unconscionability, fairness, and the incentivisation of desirable transactions. It will be argued that: (i) there are difficulties with each of these justifications, although an intention‐focused explanation is probably the most convincing; and (ii) the existing law and commentary lacks coherence and consistency, as seen in the mismatch between normative and doctrinal analysis, and the failure to properly address the ramifications of the Quistclose trust during insolvency.     

The ‘Reasonable Man’, his Nineteenth‐century ‘Siblings’, and their Legacy

The reasonable man is the best known, but not the only, legal construct to be born into the nineteenth‐century common law. This article introduces the man's siblings – including those from the areas of trust law, criminal law, contract law, and intellectual property law (both patents and trademarks). The fact that some of these ‘men’ changed the law is not controversial; this research further highlights that while several of these came to life in that century, only some had a significant role into the twentieth century. Those that did are tied to the foundations of our society through their role in facilitating innovation and consumer protection. The argument is that it was the constructs’ nature and their capacity to accommodate public policy issues that enabled the vitality of the ‘reasonable person ‘ (negligence) and the ‘person skilled in the art’ (patents).     

Dyadic Representation in a Westminster System

Is policy representation in contemporary Westminster systems solely a function of programmatic national parties, or does the election of legislators via single‐member districts result in MPs whose policy positions are individually responsive to public opinion in their constituencies? We generate new measures of constituency opinion in Britain and show that, in three different policy domains and controlling for MP party, the observed legislative behavior of MPs is indeed responsive to constituency opinion. The level of responsiveness is moderate, but our results do suggest a constituency‐MP policy bond that operates in addition to the well‐known bond between voters and parties.     

Russia's Artificial Intelligence Strategy: The Role of State-Owned Firms

In 2017, Russian President Vladimir Putin declared that whichever country becomes the leader in artificial intelligence (AI) “will become the ruler of the world.” Yet Russia lags competitors like China and the United States substantially in AI capabilities. What is Russia's strategy for boosting development of AI technologies, and what role do groups within the Russian elite play in shaping this strategy? Russia's AI development strategy is unique in that it is led not by the government, nor by the private sector, but by state-owned firms. The government's distrust of Russia's largest tech firm, Yandex, has sidelined the company from national AI planning. Meanwhile, Russia's defense conglomerate Rostec publicly appears to focus less on artificial intelligence than on other high-tech priorities. As a result, Russia's AI development has been left to a state-owned bank, Sberbank, which has taken the lead in devising plans for government-backed investment in AI.     

Iraq and the case for Australian war crimes trials

This article presents the case for Australian war crimes trials, following Australian participation in the invasion of Iraq and the subsequent deaths of as many as a million Iraqi civilians. It focuses on jus in bello (war crimes) rather than jus ad bellum (just war). The article sets out the argument and rationale that Australian war crimes trials are needed. Having established the necessity, the article identifies two of the principal alleged atrocities for which Australian officials should be held criminally accountable. It details Australian military support for the use of cluster bombs against civilians during the 2003 invasion, and senior Australian military commanders’ responsibility for planning and carrying out multiple purported war crimes during the attack on Fallujah in late 2004. The article recognises that, in order for Australian officials to be prosecuted under the International Criminal Court (ICC), all domestic remedies must be first exhausted. It therefore specifically addresses which Australian laws can be used, with particular emphasis on anti-terrorist legislation passed in 2002 under the Howard Government and the introduction into Australia’s domestic federal criminal legislation offences equivalent to the ICC Statute offences of genocide, crimes against humanity and war crimes. These provide the most applicable legal tools for prosecuting senior Australian officials for war crimes in Iraq.