Gender and the law of provocation in the long twentieth century

ABSTRACT

Provocation was an important common law doctrine, separating murder from manslaughter: a matter of life and death. It was particularly significant in the context of ‘domestic violence’. This article examines the doctrine as a lens through which to view gender relations in the long twentieth century. The doctrine developed from its origins in the early modern period until mid-twentieth century. Throughout this lengthy period provocation was narrowly confined for both genders. However, case law developments in mid-twentieth century gave rise to a doctrine which was unforgiving for abused women. At about the same time, statutory and case law changes produced a much broader partial defence of provocation available to men who had killed their wives. It was not until the very end of the century, and the beginning of the twenty-first century, that a more gender-neutral concept of provocation began to emerge as a result of feminist campaigning.     

The Predicament of Writing Political History: The Challenge of the Tacit

Political histories composed by contemporaries (or near contemporaries) are affected by the predicament of confronting the tacit in a past. Three case studies of famous writers of histories of politics in their own times are used to suggest an additional epistemology for political history which relies rather less on representations than has been common since the “Linguistic Turn” privileged the propositional thrall of discourses. My extra element attends to the tacit in human lives: affects and effects in context of the lived‐in and lived‐around of politics. My three case studies suggest that histories of politics and policies by contemporaries and near‐contemporaries do not simply amount to a re‐representation (broadly defined) of past representations (broadly defined). A wide angle is adopted; three case studies treat renowned political historians, ancient, mediæval and modern: Procopius in the mid‐sixth, Commynes in the late‐fifteenth, and A.J.P. Taylor in the mid‐twentieth centuries. Each of these “great” historians of politics was driven to discount the lived‐out‐loud of politics they narrated in, or close to, their own times. The predicament and the response is more general, I believe: all historians of politics have to try to situate and narrate things once taken‐for‐granted. That predicament prompted each of my three — and still prompts historians — to have to transcend “representationalism”. The three cases show how and why history writing about politics also needs to attend to the habitual and tacit in a past, the ubiquitous things seldom represented. A controversial foundation for such an “extra” epistemology is then suggested: Dasein, the being‐of‐being, a key concept of Martin Heidegger's. The writing of political history by contemporaries (or near‐contemporaries) is then conceived as also a (ethnography‐like) study of past life‐worlds‐in‐being. This extra foundation for (very‐old and still current!) writing practices about power and politics emphasises metonyms over metaphors. Surprises discerned from contexts are emphasised over propositions peddled in representations. The metonyms disclosed by my three case studies, which I think apply in most writing about politics by contemporaries or near contemporaries, had to be inferred from contexts, rather than read as discourses. The tacit is elicited by contemporaries from (1) records and recollects of predicaments and situations, and from (2) reading actions as texts. Histories of politics are really about things people once felt and did, more than what they said, in their there‐and‐then.     

Parental role in teenage driving

Students in 75 high schools in seven states participated in a questionnaire survey. The results showed that high school students want to become licensed as soon as possible and that parents are important in teaching them to drive. Once licensed, the majority of students have their own cars, though they do not typically pay the majority of the costs. Seventy-one percent of licensed students who do not have their own cars reported that they can usually or always use a family car. Most students, particularly younger ones and females, reported that their parents expect them to conform to certain rules or restrictions when driving and when riding as passengers. The most common restrictions were that their parents asked them not to drive after drinking, to tell parents where they were going and with whom, and to be home at a certain time. Students were far less likely to report that their parents required that they wear seat belts.This work was supported by the Insurance Institute for Highway Safety.Received a Ph.D. in experimental psychology from Yale University. Research interests are highway safety, pedestrian safety, and evaluation of training and education programs.Received a Ph.D. in social psychology from Harvard University. Research interests are the factors related to motor vehicle injuries, drinking and driving, and the crash involvement of teenagers.Received a Ph.D. in social psychology from State University of New York at Buffalo. Research interests are health behavior and the role of the individual in public health.     

The politicization of education: Identity formation in Moldova and Transnistria

This article examines how education, linguistic and citizenship policies have influenced the development of Moldovan identity and relations with the breakaway region of Transnistria. The article explores the influence of three specific education policies (Russian language instruction, an integrated history course and Romanian language school closures in Transnistria) on the debate concerning Moldovan identity and ultimately Moldovan statehood. The Romanian language school closures in Transnistria demonstrate that education is not only an important agent of identity formation, but also that such crude political tactics as school closures ultimately affect other education policies, reinforce negative stereotypes and make meaningful dialogue impossible. The larger issue than the school closures in Transnistria is whether devolution of authority on issues such as education policy is possible no matter how autonomy is granted.     

God is Back

The secularisation thesis holds that religion and modernity are incompatible: the more modern society becomes the more people will either neglect religion or consign it to the sidelines. This is wrong. Religion continues to play a vital role in public life and international relations. The most successful religions are the hottest religions such as Pentecostalism and fundamentalist Islam.     

Switzerland on the Road from a Consociational to a Centrifugal Democracy?

Can Switzerland still be classified as an example of consociational democracy, characterized by power sharing and elite cooperation, by the second decade of the 21^st century? Drawing on Lijphart's typology of consociational and centrifugal regimes, an analysis of the transformation of Swiss democracy reveals that while Switzerland continues to display institutional elements of power sharing, a polarizing and competitive trend can be observed in the governing style of the elite. Increasingly adversarial elite behaviour and a growing polarization within parliament and government as well as with regards to referendums indicate a growing shift toward centrifugal democracy.     

What does it mean to be a moderate Muslim in the war on terror? Muslim interpretations and reactions

The rhetorical use of labels in the war on terror has become an important tactic post 9/11. One such example is the deployment of the categories of “moderate” and “extremist” within counterterrorism discourse, with Muslims distinguished as either friend or foe based on this dichotomy. The moderate Muslim label is a relational term, only making sense when it is contrasted with what is seen as non-moderate (i.e., extremism). Such binary constructs carry a range of implicit assumptions about what is regarded as an acceptable form of Islam and the risks posed by the Islamic religion and Muslim communities. In this article, we explore the implications of this labelling for Muslim communities. In particular, we explore the interpretations Muslims themselves accord to the dichotomy of moderate and extremist and consider whether the use of such binary terms is at all helpful as a way of rallying Muslims to the cause of tackling terrorism and radicalisation. We draw on focus group data collected from Muslims living in Australia to inform our analysis.