It's a wonderful life: is it possible to say that a severely disabled child has been harmed by the mere fact of being born?

"It's a Wonderful Life," the title of Frank Capra's classic 1946 movie, seems to encapsulate a fundamental all-American conviction. Unsurprisingly, several courts and jurists have applied the movie-title maxim as the ultimate retort to one of the most intriguing questions in modern tort discourse: Is it possible to say that a severely disabled child has been harmed by the mere fact of being born? Wrongful life claimants answer in the affirmative, whereas Capra's aphorism makes a compelling counter-argument. In my opinion, the contrasting views represent equally legitimate subjective beliefs rather than objective truths, so neither may ever prevail. Without a satisfactory solution from conventional wisdom, the life-as-injury debate may be the Gordian knot of tort law. The purpose of this Article is to cut, rather than untie, the knot: Allow the child to recover without challenging or validating the deep-seated perception of life. Part I shows that hostility to liability in tort for wrongful life is almost universal, crossing lands and seas. Part II argues that this demurral is ultimately rooted in the absence of one of the central components of the cause of action. A tort action must fail because of the inability--both logical and practical--to establish "harm" under the traditional definition of this term. Part III opines that because the Gordian knot of tort law cannot be untied, it must be cut altogether. We must replace the traditional tort framework, which gives rise to an insoluble problem, with a more promising contractual framework inspired by the celebrated case of Hawkins v. McGee. In my view, the child may base an action on the claim that the defendant promised the parents that the child would be born without a certain defect and that the promise went unfulfilled. In formal terms, the child is an intended third party beneficiary of the contract between the parents and the consultant in which the latter warranted birth without a particular disability. The warranty of the future child's physical integrity and health, an integral and inseparable part of the contract, should form the basis of the child's cause of action.     

<Emphasis Type="Italic">The Lesser Evil Dilemma for</Emphasis> Sparing Civilians

The rule I call ‘Civilian Immunity’ – the rule that prohibits targeting civilians in war – is the heart of the accepted jus in bello code. It prohibits targeting (viz., intentionally killing) civilians in a wide variety of war circumstances. Seth Lazar's brilliant book, Sparing Civilians, attempts to defend Civilian Immunity. In this essay I show, first, that his ‘Risky-Killing based argument’ fails to provide civilians with the robust protection Sparing Civilians promises. I argue, secondly, that the moral framework that Sparing Civilians employs, a moral framework that centralizes the Deontological Clause (stating that one's intentional killing is worse than enabling others to kill), leaves the immunity of civilians against Leaders unexplained.     

Between Self-Regulation and the Alien Tort Claims Act: On the Contested Concept of Corporate Social Responsibility

Using Alien Tort Claims Act suits against multinational corporations as an immediate context for discussion, this article explores the emerging field of corporate social responsibility. The article argues for an understanding of concrete legal struggles as part of broader competing strategies for regulating corporate obligations to a multitude of stakeholders. By identifying and analyzing the positions of concrete actors who operate in the field, the main thesis of this article is that the field strongly tilts in the direction of voluntary and self-reliant models of corporate responsibility. The article identifies this process as consistent with the privatization of regulative structures in general and with extant modeling of corporate governance in particular, and points at the correlation between these trends and the interests of multinational corporations.     

Dictators, development, and the virtue of political instability

A large body of literature stresses the benefits of regime stability for economic growth in poor countries. This view, however, discounts the gains from threats to regime security when populations living under dictatorial regimes cannot benefit from the disciplining of political competition available to voters in democracies. This paper applies a model of economic growth to study the sources of the differences in economic performance and repression policy among dictatorships as well as the parallel in dictatorial regimes of the benefits achieved through political competition in democracies. Threats to the security of dictatorial regimes are shown to be a means of benefiting the population through the responses of the regime.     

Libya: Teetering Between War and Diplomacy The Islamic State’s Role in Libya’s Disintegration

This analysis explores post-Qaddafi Libya as it becomes a failed state, alongside international efforts to mend its internal rifts and restore an effective government and thereby halt its national disintegration. Attaining a modus vivendi amongst the internal rival political and military actors looks to enable a war effort to loosen the grasp of the Islamic State of Iraq and Syria, which infiltrated Libya’s Mediterranean coast in 2014 and gained a strategic foothold in the heart of Libya and nearby its oil ports – Libya’s economic lifeline. An internal agreement looks to rebuild the state security system that can confront the continuing tribal, ethnic, Salafi-jihadistic, and criminal militarisation of Libya, which also contributes to its bloody chaos. This exegesis focuses on the brief but challenging period of 2014-2016 in terms of the threats to Libya’s governmental and territorial integrity, outlining the principal junctures and actors.     

Constructivism and globalisation: from units to encounters in international affairs

In this article I argue that there is a link between constructivism and globalisation, and it is a strong one. Constructivism evolved as part of a more general trend in international relations scholarship, a trend that has seen a shift from the study of the relationship between assumed fixed, given units, nation‐states, to the study of encounter between political entities. The study of the encounter, however, affects a subtle but significant change in the assumed spatial context in which international relationships are taking place. The underpinning image of the geographical space, the envelope in which international relationships take place, has shifted from an image of a divided space made of separate and isolated nation‐states to an image of a global space, an arena that give rise to problems of encounters between social units. Encounter theories, of which constructivism in all its variations is a good example, are predicated, in other words, on an assumed global world (however ambiguous and inchoate this notion of global might be), and in that sense they advance, unwittingly, a theory of globalisation.     

Higher Education and Sociopolitical Transformation in Jordan

Jordan's policy of higher education since the 1970s has entailed a major socio-economic transformation with vital political ramifications. A nonofficial and un-transparent affirmative action policy in the universities including admission quotas, scholarships, tuition fees and nominations of faculty members, in addition to decentralization of academic institutions, overbalanced the rate of the tribal Transjordanian community of the rural periphery at the expense of the Palestinians, who mostly reside in the urban centre. The proportion of Jordanians of Palestinian extraction among students and faculty members had been decreasing since the early 1970s, from about 95% to less then 50%, whereas they consist of over half of the population. Higher education became another area of Transjordanian dominance in addition to the civil service, the army and the polity. The rapid process of academization among the tribal populations resulted in their social and economic mobilization, both in the public sector and in lucrative positions in the Gulf States.     

Colonialism's Civilizing Mission: The Case of the Indian Hemp Drug Commission

This paper examines a particular episode in the history of British imperialism in India: the appointment of the Indian Hemp Drug Commission in 1893. We analyze the way a quasi-judicial investigation into the consumption of drugs was differently conceived and executed as a civilizing mission by, on the one hand, British colonizers, and, on the other hand, an aspiring colonized elite. By bringing together the ideological dimensions of a civilizing mission (e.g., the reliance on scientific knowledge, groper procedures, legal techniques) with its social ones (e.g., collaboration between colonizers and a local elite), we show how the very notion of a civilizing mission became a site of struggle over meaning, identity, and desirable forms of governance. The analysis reveals a local elite struggling to position itself at once on a par with British criteria of scientific competence and yet not as a mere proxy for British interests; at once able to articulate itself in terms of enlightenment concepts such as reason and modernity and yet celebrating its own distinct cultural authenticity.