Selling Oneself into Slavery: Mill and Paternalism

'Voluntarily acceding to slavery', Joel Feinberg has written, 'is too much for Mill to stomach', and so Mill espouses strong paternalism and contradicts his famous principle of individual sovereignty. Mill's critics have found incoherence where none exists, largely because they have failed to take seriously his own claim that the non- enforcement of slavery contracts is required by the principle of liberty. The refusal to enforce such contracts arises not from Mill's espousal of paternalism, but from the paradox of sovereignty. Reconstruction of Mill's solution to this paradox not only dispels the charge that he abandoned the sovereignty of the individual, but also contributes to the reinterpretation of his defence of freedom, as a result of which his entire doctrine of antipaternalism emerges as a coherent and defensible position.     

西部开发与私权立法研究

西部大开发战略已正式开始实施 ,但“西部开发”并非中国之“专利” ,很多国家都有“西部开发”史。所以 ,借鉴国外成功之经验 ,吸取国外失败之教训 ,将会使我国的“西部开发”顺利进行 ,少走弯路。通过比较中外“西部开发”之措施 ,作者发现 ,私权在“西部开发”中具有十分重要的作用。     

Comparative Sociology of Legal Professions: An Exploratory Essay

The author surveys and compares the legal professions of 15 nations, including both civil law and common law countries. The essay is organized around the ways that legal professionals control their markets—first by controlling "production of producers" or who and how many enter the profession (with formal education or apprenticeship requirements, examinations, access to entry-level positions). Legal professionals also control "production by producers"—both external competitors and lawyers themselves. This occurs, for example, through definition and defense of the professional monopoly, control of competition between licensed professionals, and creation of demand. The discussion takes place against the background of the legal profession's recent history—assessing changes in its composition (by race, age, gender), in lawyers' practice settings, in the categories of work they perform, and in the income and status associated with these categories and with the profession in general.     

Suicides by fall from height in Geneva,Switzerland, from 1991 to 2000

Suicides due to fall from height in Geneva from 1991 to 2000 were reviewed. Scene investigations, autopsy findings, psychiatric histories, and toxicology results were examined. There were 197 of these suicides, an incidence of five cases per 100,000 inhabitants per year or one fourth of all suicides in Geneva per year. Autopsies were performed on 33%, the rest had external examinations. Of the victims, 56% were female and 44% were male. The age distribution peaked at 20-29 years in men and 60-69 years in women. Most of the victims jumped from their home, the range of 2 to 7 stories being the most frequent height. Major injury sites, in decreasing frequency, were the thorax, abdomen, skull, vertebrae, pelvis and limbs. Psychiatric illness was reported in 38% of the cases. Toxicological analysis was performed in 25% of the cases and showed that the main drugs present were benzodiazepines, cannabis and antidepressant.     

Inclusive National Governance and Trafficked Women in Australia: Otherness and Local Demand

Trafficked women are used and consumed in different ways and by different users in Australia. They are used by the traffickers and by the consumer of the destination country. They are used as prosecutorial tools by the national criminal justice agents. They are used by the national politicians to pursue border control policy objectives and to be seen as abiding by international protocols. In all these uses, the identity of the trafficked woman is formed and shaped to fit the users’ need. However, these women’s otherness and abjection is constantly maintained and reinforced. They are used as a commodity. Meanwhile, the discussion on the demand side, and the consequent responsibility of the destination country, is virtually omitted. This paper will raise the question of how the socio-legal analysis and discourse would evolve if a literal interpretation of trafficking women as a commodity was taken into account, exploring an international trade approach. The social construction of trafficked women as a commodity has been identified and criticised by academic scholars, NGOs’ and UN’s rapporteurs. By pursuing this line of approach, the destination country is forced to take more responsibility for how the woman is demanded within its territory. As a consequence of this international trade approach, the State should deliver equality and non-discrimination. Rather than being a cynical application of a trade framework to trafficked women, this approach aims to highlight the paradox of such a situation in legal terms. It is highlighted that approaching trafficked women from this legal and jurisprudential way may offer more possibilities to expand their claims against the State. Currently, in Australia, when a trafficked woman is located by the State, she would attract limited and temporal rights, her being the ‘other’ as well as an abject entity remains, notwithstanding the fact the she was imported because there is a demand within the territory.     

SOCIAL SECURITY RETIREMENT BENEFITS The Last Insult of a Sexist Society

An older, divorcing couple rarely has assets worth more than their Social Security rights. After a house and pension/retirement plans, Social Security is their largest "asset." Yet, it is rarely considered by lawyers, mediators, or the parties themselves. A key point, often missed, is that the working spouse receives twice as much Social Security as the nonworking spouse. For many retiring women, getting half as much Social Security as their ex-husbands is just one more insult from a sexist society. Although a nonworking husband will get the same half, the problem is largely one affecting older women, who earned less on average while they worked and who usually took time off to be with the children while the children were growing up. This article looks at Social Security regulations that make this so and how to avoid this unjust result.     

Parallel Systems and Human Resource Management in India's Public Health Services: A View from the Front Lines

There is building evidence in India that the delivery of health services suffers both from an actual shortfall in trained health professionals and from unsatisfactory results of existing service providers working in the public and private sectors. This study focuses on the public sector and examines de facto institutional and governance arrangements that may give rise to well‐documented provider behaviors such as absenteeism that can adversely affect service delivery processes and outcomes. We analyze four human resource management (HRM) subsystems: postings, transfers, promotions and disciplinary practices from the perspective of front‐line workers—physicians working in rural healthcare facilities operated by two state governments. We sampled physicians in one “post‐reform” state that has instituted HRM reforms and one “pre‐reform” state that has not. The findings are based on both quantitative and qualitative measurements. The results show that formal rules are undermined by a parallel modus operandi in which desirable posts are often determined by political connections and side payments. The evidence suggests an institutional environment in which formal rules of accountability are trumped by a parallel set of accountabilities. These systems appear so entrenched that reforms have borne no significant effect. Copyright © 2015 John Wiley & Sons, Ltd.