Judicial Control of the CAC

This article both analyses the courts' decisions on applicationsfor judicial review of CAC determinations under the trade unionrecognition procedure in Schedule A1 to the Trade Union andLabour Relations (Consolidation) Act 1992 from 2000 to 2006and compares this body of case law with the courts' decisionsin the late 1970s and early 1980s on applications for judicialreview of both decisions of ACAS under the recognition procedurein the Employment Protection Act 1975 and decisions of the CACunder various legislative provisions in that earlier period.It suggests that there is a marked difference in judicial approachand that this reflects a difference in the policies underlyingthe legislation of the two periods, with the more radical aimsof the earlier period attracting a less sympathetic and moreinterventionist judicial response than has been evident in relationto the Schedule A1 recognition procedure.     

An investigation into the empirical relationship between time with peers,friendship, and delinquency

Purpose

Much of the research on peer influence has examined the relationship between peer associations and delinquency. Relatively little empirical research has addressed the effects of delinquent behavior on peer intimacy and time spent with peers. Our research attempts to fill these gaps in the literature as we hypothesize that, net of peer delinquency, delinquents spend more time with their peers but are less closely attached to their peers.

Methods

Using data from two waves of the National Youth Survey (NYS), we present two sets of regression models to account for selection bias resulting from whether respondents reported having friends. To assess the stability of our findings, we supplement our presented findings with extensive use of alternate estimation strategies.

Results

Conclusions regarding our hypotheses do not vary by estimation strategy. Delinquents spend more time with their peers, but delinquents and non-delinquents do not report differences in closeness to their peers.

Conclusions

Given our control variables, our finding introduces complexity in the causal priority between time spent with peers and delinquency. Prior delinquency may be a predictor of more time with peers, but partly as an avenue for opportunities for crime, not for the sake of friendship.     

Instructions for Authors

Instructions for Authors

Instructions for Authors     

Jürgen Habermas's Theory of Cosmopolitanism

In this paper we explore the sustained and multifaceted attempt of Jürgen Habermas to reconstruct Kant's theory of cosmopolitan right for our own times. In a series of articles written in the post‐1989 period, Habermas has argued that the challenge posed both by the catastrophes of the twentieth century, and by social forces of globalization, has given new impetus to the idea of cosmopolitan justice that Kant first expressed. He recognizes that today we cannot simply repeat Kant's eighteenth‐century vision: that if we are to grapple with the complexities of present‐day problems, it is necessary to iron out certain inconsistencies in Kant's thinking, radicalize it where its break from the old order of nation‐states is incomplete, socialize it so as to draw out the connections between perpetual peace and social justice, and modernize it so as to comprehend the “differences both in global situation and conceptual framework that now separate us from him.” ¹ 1 Karl‐Otto Apel, “Kant's Toward Perpetual Peace as historical prognosis from the point of view of moral duty,” in James Bohman and Matthias Lutz‐Bachmann, eds., Perpetual Peace: Essays on Kant's Cosmopolitan Ideal (Cambridge, MA: MIT Press 1997), 87. Jürgen Habermas, “Kant's Idea of Perpetual Peace, with the Benefit of Two Hundred Years Hindsight,” ibid., 113–53; and in Jürgen Habermas, The Inclusion of the Other: Studies in Political Theory (Cambridge, MA: MIT Press, 1998), 165–202. His basic intuition, however, is that Kant's idea of cosmopolitan right is as relevant to our times as it was to Kant's own. If it was Kant's achievement to formulate the idea of cosmopolitanism in a modern philosophical form, Habermas takes up the challenge posed by Karl‐Otto Apel: to “think with Kant against Kant” in reconstructing this idea. What follows is a critical assessment of Habermas's response to this challenge. We focus here on the dilemmas he faces in grounding his normative commitment to cosmopolitan politics and in reconciling his cosmopolitanism with the national framework in which he developed his ideas of constitutional patriotism and deliberative democracy.     

The Rescue of Jews in Nazi-Occupied Belgium, France and the Netherlands

The question of why and how gentiles rescued Jews during the Nazi period has been a consistent element in the wider historiography of the Holocaust ever since 1945, not least after the creation of Yad Vashem and the identification and recognition of non-Jews as "Righteous among the Nations". Research on the Holocaust has identified, and continues to identify, individuals who meet the criteria laid down for the award, and the shelves of books devoted to memoirs bear witness to its continued popularity with the book-buying public. However, study of the topic to date has been very narrowly defined, either as sociological enquiry into the nature of altruism, or as the history of a relatively small number of dedicated individuals. This paper attempts to outline the importance of a wider context for the study of rescue under three headings. Firstly, it focuses on the linkages between rescue activities and other forms of resistance during the occupation period. Secondly, it demonstrates the importance of a regional rather than a national approach to the topic. Finally it examines how "rescue" can be seen as having a tradition; for example in the case of Belgium from the experiences of occupation in the First World War, and in the Netherlands from longer-standing rural social traditions of helping those in need.