The Bitter Product of Defeat? Reflections on Winstanley's Law of Freedom

The Law of Freedom in a Platform was Gerrard Winstanley's final published work. It appeared in February 1652, nearly two years after the dissolution of the 'Digger' commune in Surrey of which he had been the principal spokesperson. The book is said to differ markedly from his previous writings. In particular, his depiction of a disciplinary state apparatus is contrasted to his earlier rejection of state authority, and his appeal to a utopian legislator (Cromwell) is contrasted to his earlier emphasis on the self-emancipation of the poor. In accounting for this shift of position, commentators often refer to the 'bitter' experience of the Diggers' defeat. Confronted everywhere by ignorance and persecution, Winstanley came to realise that institutionalised discipline was required to counter human imperfection and that emancipation could only come from the top down. This paper questions such an argument. It suggests that in almost every respect The Law of Freedom remained consistent with Winstanley's other writings and that no transformation in his thought took place. What apparent differences there were stemmed from the challenges presented by the utopian genre, and the paper concludes by arguing that Winstanley's achievement lies in his having risen to these challenges.     

Explaining Costly International Institutions: Persuasion and Enforceable Human Rights Norms

Why do states create enforceable international human rights norms that empower third parties to prevent and sanction domestic human rights abuses? Recent theories suggest that international institutions are shaped not only by power and interests but also by the content of arguments during intensive communication and argumentation processes. Moving beyond the simple notion that "communication matters," I argue that states are likely to be persuaded by arguments that draw on widespread taken-for-granted norms, in particular, prohibitions on bodily harm, the importance of precedent in decision making, and the link between cooperation and progress. This model extends previous theories by specifying mechanisms and scope conditions for international change through persuasion. I illustrate the argument by examining the convention against torture, a costly international institution that allows domestic courts to prosecute crimes that occur in the territory of other states (universal jurisdiction). Because of its enforcement mechanisms, the torture convention poses a difficult case for theories explaining international institutions. If persuasion models can explain even costly institutions, they should be more widely considered as explanations for all kinds of international institutions.     

Community registered design invalidated by prior registered trade mark

In a series of four decisions, the OHIM Invalidity Divisionhas declared invalid Community registered designs 00016245-0001to 0004 in the light of international trade mark registration810732, designating various European Union Member States. Thisis believed to be the first time that a Community registereddesign has been declared invalid on the basis of an earliertrade mark right.     

Parallel imports: more CD than WOW?

Legal context: Intellectual property rights, particularly trade marks, haveas their primary aim the protection of the rights holder (andperhaps consumer) by allowing him and only him to sell eg, hispatented product, or his product under his trade mark. Counterfeitersand infringers are stopped in their tracks. However, intellectualproperty law has a secondary use – allowing rights holdersto stop products being marketed in Europe without their consent,even when said products are genuine. Key points: This article summarises the law on parallel importation andexhaustion of rights, focussing on two recent UK cases; thesuccessful action by the music industry for copyright infringementby CD-WOW, a leading CD retailer based in Hong Kong and thesuccessful appeal against a finding of trade mark infringementby parallel importer Mastercigars Direct, which imports Cubancigars. Practical significance: Parallel imports provide a means for entrepreneurs to exploitprice differentials between countries in Europe and countriesin the rest of the world. As such, they occur on a significantscale, generating substantial revenues. IP rights holders haveconsistently taken action against such individuals, with Sonyin particular heading to the courts on regular occasions, meetingmostly with success.     

Developing a common law of animal welfare: offences against animals and offences against persons compared

Most animal welfare/suffering cases heard by the courts focus only on the facts: did the defendant, as a matter of fact, do those things with which they are charged? Analysis of the 2010 Amersham horse cruelty case reveals that there is significant room for ambiguity and subjective interpretation within the statutes that underpin animal welfare law. To provide certainty and to allow the law to develop it is essential that cases such as Amersham are not only subject to a review of the facts, but also a full analysis of the legal principles contained within the relevant statutes.     

The emergence of learnables in music masterclasses

In music masterclasses instruction is delivered in response to successive learners' performances, with masters having no recourse to lesson plans or other prepared materials. As a result, topics emerge discursively and spontaneously through interaction. In this paper we describe four ways in which masters develop matters for improvement (learnables). Masters may present learnables as being based on master expertise; on masters' direct displayed experience of the student's performance; on the elicited direct experience of the student-performer; or on the elicited direct experience of the audience. By using a conversation analytic approach, we detail the emergence of learnables in five recorded instances.     

The End of the PRI in Mexico?

The article examines the outcome of the 1997 mid-term elections in Mexico and the new political dynamics thereby generated, and asks to what extent they portend the end of the longest-surviving single-party government in the world, the Institutional Revolutionary Party (PRI). Explanations for the PRI's dramatic decline in 1997 are explored, and an assessment is made of the strength of the principal opposition parties.     

Transitions between Formations and Organisations: An Historical Perspective on the Political Representation of Australian Farmers

The political representation of Australian farmers merits more attention from an historical perspective. Drawing upon the existing wealth of organisational histories it is argued that one can identify a number of shifts in the dominant organisational form or strategy pursued by primary producers in seeking political representation over time. Each phase has its own logic and rationale rooted in a range of historical conditions. The article identifies the importance of the pattern of social interaction, economic conditions and the prevailing political process in catalysing transitions between "phases" of representation. It concludes that the current debate over representation amongst primary producers and rural communities should be interpreted as the precursor to yet another phase of representation.