Friendship,Recognition and Social Freedom: A Sociological Reconstruction

In Freedom’s Right, Axel Honneth articulates the social freedom of friendship with reference to its institutionalised norms. These action norms, however, are not specific to friendship; they apply to modern intimacy per se. Such non-specificity cannot adequately account for the experience of social freedom in friendship. Addressing this issue, I evaluate friendship as a form of recognition and identify a generative recognition deficit functional to its relational autonomy. Then, taking Honneth’s institutional approach to friendship as a point of departure, I ascertain an institutional deficit that both sustains friendship’s autonomy and constrains the generalisability of its social freedom by way of institutional connectivity to heterosexuality. I suggest that only a differentiating approach to friendship that fathoms its extraordinary position among interpersonal relationships can yield new insights. That done, friendship can in turn provide a prism through which to assess the conceptual approaches deployed in its analysis.     

Section 994 of the Companies Act 2006 and the Primacy of Contract

The Court of Appeal's decision in Fulham Football Club (1987) Ltd v Richards & Anor is both of interest and significance. By embracing the idea of the parties’ ability to ‘contract out’ of their statutory right to petition the court for relief under section 994 of the Companies Act 2006 (the so‐called ‘unfair prejudice’ remedy), their Lordships have not only contrived to stunt the future development of unfair prejudice as a minority shareholder remedy but, and more importantly for the purposes of this case note, their decision has reasserted and extended the contractual analogy in modern UK company law.     

Biometric Security and Privacy Using Smart Identity Management and Interoperability: Validation and Vulnerabilities of Various Techniques

The central position of this article is that validation and interoperability are paramount for the effective and ethical use of biometrics. Illuminating the relevance for policymakers of the science underlying the security and privacy aspects of biometrics, this article calls for adequate and enforceable performance metrics that can be independently corroborated. Accordingly, the article considers biometrics and forensics for the dual challenges of addressing security and privacy using smart identity management. The discussion revolves around the concepts of “personally identifiable information” (PII) and interoperability with emphasis on quantitative performance analysis and validation for uncontrolled operational settings, variable demographics, and distributed and federated operations. Validation metrics includes expected rates of identification/misidentification, precision, and recall. The complementary concepts of identity and anonymity are addressed in terms of expected performance, functionality, law and ethics, forensics, and statistical learning. Biometrics encompasses appearance, behavior, and cognitive state or intent. Modes of deployment and performance evaluation for biometrics are detailed, with operational and adversarial challenges for both security and privacy described in terms of trustworthiness, vulnerabilities, functional creep, and feasibility of safeguards. The article underscores how lack of interoperability is mostly due to overfitting and tuning to well‐controlled settings, so that validation merely confirms “teaching to the test” rather than preparation for real‐world deployment. Most important for validation is reproducibility of results including full information on the experimental design used, that forensic exclusion is allowed, and that scientific methods for performance evaluation are followed. The article concludes with expected developments regarding technology use and advancements that bear on security and privacy, including data streams and video, de‐anonymization and reidentification, social media analytics and cyber security, and smart camera networks and surveillance.     

Coerced and Unfree in the Private Sector

We style ourselves as liberal polities and law purports to sustain liberal values. It does not claim to maintain and perpetuate capitalist goals as such. Yet, its adherence to the sacrosanct nature of private property, individualism and freedom to contract allow it do just that. To further this unmentioned objective, law is twisted and bent to ignore the supposed right of workers as individuals to be autonomous decision-makers. The indefensible assumptions made give capitalists coercive powers that inhibit the working class from achieving economic and political autonomy. The owners of the means of production are given political and economic privileges by a legal system that pretends to serve the liberal project. The contradiction between liberal law and its capitalist orientation is plain, leading to occasional and always transitory reforms. This is illustrated by this overview of the legal mechanism of adjustment devised by supposedly liberal law to regulate capital/labour conflicts.     

The State of the International Criminal Court,of Special Tribunals and of International Criminal Law: A Concise Review

International criminal law has changed rather dramatically in the last three decades. Whereas in the early 1990s the field was an almost exotic specialization of penal law, it has now developed into a thriving part of the law. Nowadays, most law schools have specialists in international criminal law which has usually developed into an important field of research. An important factor in this development has been the performance of three Special Criminal Tribunals established by the United Nations Security Council. In this article their institutional record as well as their importance for the development of international criminal law will be reviewed. In both senses, on the basis of a necessarily concise review, it is submitted that the performance of the tribunals must be considered a success. The International Criminal Court (ICC) is already twenty years in existence. Its performance cannot be judged equally successfully, however. In particular as an institution it cannot point to records comparable to those of the Special Criminal Tribunals. Still, although it is undoubtedly fragile, the ICC has become a relevant feature of modern international law and in international relations (as a brief examination of its potential role regarding the Special Military Operation in Ukraine shows). Notwithstanding its institutional weaknesses, the importance of the ICC manifests itself in its Statute which can be seen as a codification of international criminal law. The strong increase in the domestic administration of international crimes as a consequence of the principle of the complementarity of the Statute is taken into consideration.

     

Assessing the effectiveness of tax administration in macroeconomic stability: evidence from 26 European Countries

Economic Change and Restructuring - The purpose of this paper is the assessment and comparative analysis of the relative efficiency of the tax administrations of 26 European countries in 2017,...