Asian literature as a tool for cultural identity creation in Europe. Goethe’s Hafiz

By the eighteenth century the colonial powers in Europe already had well-defined images and self-images, crystalised from their native cultures, their significance within Europe, and their mercantile and political relations with other continents. Yet Germany, which would have no prospect of a unified polity till late in the following century, remained severely challenged in all these respects. From the mid eighteenth century, however, Germany’s greatest minds sought to mould for it a cultural identity, and as a vital step in this, the poet, statesman and scientist Goethe, a man indebted to a form of patronage which peculiarly qualified him to undertake such experiments, conducted a series of literary encounters with the great traditions of Asia. Their purpose was to situate Germany within the wider world culture, for one can only be a cultural force within a world to which one has some cultural relation. Goethe’s forays into the worlds of Persian, Indian and Chinese literature were attempts at creative imitation, cultural absorption and public confrontation, but their culture-building and appropriative character was also a form of vicarious imperialism, a new-world enterprise conducted by means of old-world patronage. Goethe’s carefully nuanced representations in the West-Eastern Divan indicate the advocacy of a secular cosmopolitanism, the popular impact of which has been hitherto underestimated.     

WORKING TOGETHER

Family Court of Australia has employed four Aboriginal Family Consultants within the Family Court Mediation Service in Darwin and Alice Springs. The consultants were selected from local indigenous people and assist indigenous families who are often in heated dispute over children following family breakdown and separation. The program ultimately seeks to promote access to justice for Aboriginal and Torres Stvait Islander people in the jurisdiction of family law. The program seeks to achieve this by assisting indigenous people to access and utilize the dispute resolution services provided by the Family Court. Family consultants work closely with court mediators in responding to the needs and issues of indigenous families in dispute. The article describes the model of intervention adopted and highlights the benefits of the program with reference to case studies.     

Leadership Harvard Style

The John F. Kennedy School of Government at Harvard is teaching a new approach to leadership. This article outlines some of the elements of this approach and contrasts them with standard models on leadership in the literature.     

Prospects for Managed Democracy in Russia

The 2003 Duma election resulted in the victory of the party of power, thereby strengthening managed democracy in Russia. Since then, political trends in Russia's regions and rural politics provide considerable evidence of the increasing ability of pro-Kremlin forces to maximise their electoral fortunes in national contests. These political trends make it likely that United Russia will not only emerge as the dominant party in the 2007 Duma election, but will provide the Kremlin and Putin's successor with a compliant lower house. The outcome is that Putin's successor will find the political infrastructure to continue managed democracy.     

The Rule of Law and the UN Peacebuilding Commission: a social development approach

There is a danger that the Rule of Law Assistance Unit of the United Nations Peacebuilding Commission will employ the same dominant but problematic paradigm that the international development community has pursued across the globe. This top-down, state-centred paradigm, sometimes known as ‘rule of law orthodoxy’, stands in contrast to an alternative set of strategies: legal empowerment. Legal empowerment involves the use of legal services, legal capacity-building and legal reform by and for disadvantaged populations, often in combination with other development activities, to increase their freedom, improve governance and alleviate poverty. It is typically carried out by domestic and international non-governmental organisations (NGOs), but also by governments and official aid agencies. This alternative approach focuses directly on the disadvantaged and integration with other development activities, which means it often operates under the de facto rubric of social development. Legal empowerment strategies vary among countries and NGOs. But their impact includes reforming gender-biased, non-state justice systems in Bangladesh; ameliorating the legal system's corruption in post-conflict Sierra Leone; keeping the human rights flame burning in post-conflict Cambodia; advancing natural resources protection and indigenous peoples' rights in Ecuador; and strengthening agrarian reform in the Philippines. Addressing such priorities can help alleviate poverty, ameliorate conflict and prevent chaos or repression from dominating the disadvantaged, particularly in conflict or post-conflict societies.     

Race as a factor in university admissions

In two recent cases, Grutter v. Bollinger, 539 U.S. 306. (2003) and Gratz v. Bollinger, 539 U.S. 244. (2003), the Supreme Court held that the Equal Protection Clause permitted state schools to use race-sensitive admissions in order to obtain the educational benefits that flow from a diverse student body. The diversity-based argument for race-sensitive admissions, scholarships, awards, and other opportunities at universities should have been rejected because it does not consider the full range of costs and benefits and because the more narrow educational effects probably weigh against such programs. However, this does not suggest that applicants’ race, ethnicity, and gender should be ignored. Rather the same consideration that led to the defeat of the diversity argument, i.e., reasoning capacity, supports the consideration of demographic factors. However, attention to such factors further undermines the consequentialist case for affirmative action.     

Environmental liability and harmonization in the presence of transboundary effects and hidden assets

Within the context of transboundary disputes, this paper seeks to determine which liability concept, negligence or strict liability, performs better when assets are secure against foreign claims for transboundary damages. Our results indicate that, if assets are hidden from foreign claims, strict liability will not implement the socially optimal outcome, but neither will negligence. However, even though the socially optimal outcome is not always achieved, strict liability weakly dominates negligence. These results suggest that the harmonization of statues that deal with transboundary pollution should be based on strict liability not negligence. JEL classification K32 · Q5 Smith and Eckert both thank SSHRC of Canada for financial assistance. We thank two referees for valuable comments that greatly improved the paper and Matt Smith for his research assistance. All remaining errors are our responsibility.