On Marx's theory of agricultural rent: A rejoinder

This paper is about the relationship between power and subjectivity in a democracy, about the lines between subjectivity and subjection, democracy and despotism. The ability of the democratic citizen to generate a politically able self depends upon technologies of subjectivity which link personal goals and desires to social order and stability, which link power an subjectivity. I begin with the contemporary self-esteem movement spearheaded by feminist Gloria Steinem and California legislator John Vasconcellos to show that programs which attempt to enhance the subjectivity of women and the poor-strategies of empowerment, self-help, and democratic participation - are also practical techniques for the subjection of individuals. I go on to outline a history of the present ‘state of esteem’ beginning with the work of Alexis de Tocqueville. I locate the emergence of democratic self-governance in the advent of the social as a sphere of governability and expertise.     

Illegal downloads: sharing out online liability: sharing files, sharing risks

Legal context: Until the Geneva Treaties provided the communication to thepublic right copyright law struggled to provide a coherent responseto filesharing of music and films. Liability for uploaders wasestablished but in practical terms this was not effective. Visitingliability on telecommunications networks and ISP's was not possiblein the light of the international consensus that such entitiesshould enjoy a measure of immunity. The music industry in particularhas launched successful actions against software providers andend users by resorting to either contributory infringement orauthorising infringement. Safeguards against invasion of privacyare put in place but these do not guarantee that the means ofcollecting evidence are necessarily lawful and the Dutch decisiondenying BREIN access to the identities of suspected filesharersbecause of data capture techniques is to be welcomed. Music,film and broadcast rightholders are now using Norwich Pharmacaland notice and take down proceedings to force ISP's cooperatein enforcing copyright law. Key points: Through use of copyright law the music industry in particularhas been successful in shutting down software providers andis still seeking to drag users and parents through the courts.Privacy considerations are not being clearly addressed in somecountries. The signs are that greater use of the criminal lawis intended in many jurisdictions. Practical significance: Decisions such as Sharman suggest that the most effective wayof dealing with filesharing is to go against software providersbut that even this will not stop this activity and that theexpansion of the legal download market and improved productsand services will be the best and most effective response tofilesharing. The writer thinks the increased use of the criminallaw is likely but that such a development is neither a proportionatereaction when civil law remedies are available nor is it a responsibleuse of public funds when law enforcement bodies face other moreserious challenges.     

The seductive discourse of development: The Cape Town 2004 Olympic bid

Research on how the decision to bid for the Olympics is made, the resources and processes involved in the bidding process and how a country responds to a failed bid is important. These aspects are embedded in a range of political and economic processes from the local to the global level. The Olympic Games is the ultimate mega-event. This article uses the case study of the Cape Town 2004 Olympic Bid (CTOB) to examine the above aspects, highlighting the global dimensions of bidding for major events. The CTOB illustrates that contemporary sport associations and structures are strongly influenced by emergent global forces such as global capital and dominance by certain regions. This often results in countries being disadvantaged from one of two sides. Either they cannot afford to participate in the bidding process or they cannot lobby sufficiently to influence the international sport associations.     

The ‘new nationalism’ and democracy: A critique of Pro Patria

This article addresses a way of thinking which has entered the current literature on democratization and which I call the new nationalism. The main argument of this approach is that a certain kind of nationalism is essential for the future of democracy. It is conceptualized variously as ‘civic nationalism’, ‘national identity’, ‘esprit general’, ’constitutional patriotism’ or even ‘post‐nationalism’ and is contrasted with conventional forms of nationalism marked by ethnic hatred. The ‘new nationalism’ rejects Marxist internationalism, which it sees as nullifying the importance of the nation‐state for democracy. I shall explore the arguments put forward in this mode by Ignatieff, Kristeva and Habermas; criticize the national chauvinism which continues to run through them; reassess their criticisms of Marxism; and compare them with the more critical approach of Hannah Arendt. I shall, finally, argue that the ‘new nationalism’ is an inadequate framework for theorizing democracy in the modern age.