Arab States and the Role of Islam in the International Criminal Court

This article assesses the various disagreements between Arab and western states that surfaced at the 1998 Rome Conference and Preparatory Commission. It also discusses the relationship between state repression and cultural adaptation by examining the undeveloped domestic criminal systems of Arab states and the ambiguous role played by shariah (Islamic law) in the constitutions of many of them. It argues two main points: that more mutual accommodation will be needed to resolve these and future conflicts between Islamic and international law; and that such conflicts between the ICC and Arab states expose the need for further cultural adaptation to the ICC Statute. It is out of this process of cultural adaptation that the relationship between Islam and serious international crimes will evolve.     

Hegemony and Autonomy

This article analyzes the concept of hegemony and examines its relationship to power and autonomy. Refuting the conventional belief that it is ideology that distinguishes hegemony, the article argues that it is autonomy that constitutes the distinguishing characteristic. Although hegemons tend to evolve into imperialists, hegemony involves leadership of an alliance, not domination by coercion. It is impossible to conceptualize hegemony without also including autonomy. In this conceptualization, the primary source of autonomy lies in a specific hegemonic system of domination that itself embodies the notion of autonomy for both the polity and its citizenry, a limiting construction that hinders the tendency toward imperialism. Such a system includes one type of autonomy that can be designated as autonomy within hegemony. In addition, the article discusses two other types of autonomy: counterhegemony and a largely power-based opposed hegemony. Thus, the article concludes, hegemony is a complex concept, with several types of manifestation, that can more usefully be understood in connection with autonomy and power than as a stand-alone concept.     

A Question of Morality: Artists' Values and Public Funding for the Arts

In 1989, the combination of art, religion, homosexuality, ana¹ public dollars set off an explosive two-year battle and a decade of skirmishes over funding for the National Endowment for the Arts. To promote artistic freedom and to avoid political controversy, federal arts policy delegates specific funding decisions to private donors and arts professionals. In an era of morality politics—hot-button issues driven by deeply held beliefs rather than by expertise—that strategy no longer works. Artists, donors, and arts audiences diverge widely from the rest of the American public in their attitudes toward religion, sexual morality, and civil liberties, as General Social Survey data show. Delegating funding decisions to them has naturally led to some subsidies of art offensive to important segments of the population.     

The histopathological spectrum of myocardial inflammation in relation to circumstance of death: a retrospective cohort study in clinical and forensic autopsies

Interpreting a myocardial inflammation as causal, contributory or as of no significance at all in the cause of death can be challenging, especially in cases where other pathologic and/or medico-legal findings are also present. To further evaluate the significance of myocardial inflammation as a cause of death we performed a retrospective cohort study of forensic and clinical autopsy cases. We revised the spectrum of histological inflammatory parameters in the myocardium of 79 adult autopsy cases and related these to the reported cause of death. Myocardial slides were reviewed for the distribution and intensity of inflammatory cell infiltrations, the predominant inflammatory cell type, and the presence of inflammation-associated myocyte injury, fibrosis, edema and hemorrhage. Next, the cases were divided over three groups, based on the reported cause of death. Group 1 (n = 27) consisted of all individuals with an obvious unnatural cause of death. Group 2 (n = 29) included all individuals in which myocarditis was interpreted to be one out of more possible causes of death. Group 3 (n = 23) consisted of all individuals in which myocarditis was reported to be the only significant finding at autopsy, and no other cause of death was found. Systematic application of our histological parameters showed that only a diffuse increase of inflammatory cells could discriminate between an incidental presence of inflammation (Group 1) or a potentially significant one (Groups 2 and 3). No other histological parameter showed significant differences between the groups. Our results suggest that generally used histological parameters are often insufficient to differentiate an incidental myocarditis from a (potentially) significant one.     

Caremark Compliance for the Next Twenty‐Five Years

One of the most influential cases in corporate governance is In re Caremark International Inc. Derivative Litigation (Caremark). In 1996, Caremark imposed a novel duty on boards of directors to make a good faith attempt to implement and exercise oversight over obligations leading to liability. Breach of this minimal duty has been difficult for plaintiffs to plead and prove, and the case law is littered with dismissed Caremark lawsuits. As Caremark's reign reaches a quarter‐century, however, its duties are primed to evolve. Two cases, Marchand v. Barnhill and In re Clovis Oncology, Inc. Derivative Litigation, took the rare step of allowing Caremark claims to survive motions to dismiss. These cases signal a new understanding of Caremark obligating boards not merely to attempt oversight, but to ensure proactively that such oversight is effective. This subtle but significant change in board duties is one to which the academic literature should respond. This article first reviews the Marchand and Clovis cases and argues that these cases hold significance for the future of Caremark claims. Second, this article studies client advisories from law firms and other sources that evaluate the Clovis and Marchand cases. It finds that while these advisories offer useful tactical responses, they lack strategic advice that would benefit boards over the long term. Filling the gap, this article presents long‐term strategic advice for boards not only to meet Caremark duties but also to thrive as exemplars of good governance and ethical leadership for the next twenty‐five years.     

Linking Local Plants with Small Handicraft Enterprises among Indigenous Mapuche Communities: Towards a Combined Approach of Local Development and Enhancement of Ethnobotanical Knowledge?

There is a paucity of studies analysing the role of ethnobotanical knowledge for handicraft and local development. Thus, more work is required to expand the range of detailed case studies on which to draw. The objective of this article is to analyse an initiative promoted by a pioneering experience of its kind in the Araucaria region, Chile, which is centred on traditional knowledge of Mapuche communities. By identifying what lessons can be drawn from this experience, this study analyses the factors that can promote synergies between handicraft and conservation of local plants from which resources are derived for handicraft.     

English feudalism and the origins of capitalism

The specific historical basis for the development of capitalism in England — and not in France — is traced to the unique structure of English manorial lordship. It is the absence from English lordship of seigneurie banale ‐ the specific political form of parcellised sovereignty that figured centrally in the development of Continental feudalism ‐ that accounts for the peculiarly ‘economic’ turn taken in the development of English class relations of surplus extraction. In France, by contrast, the distinctly ‘political’ tenor of subsequent social development can equally specifically be traced to the central role of seigneurie banale in the fundamental class relations of feudalism.     

Strategies of technical choice in the Peruvian sugar industry, 1955–74

Despite the rapidly growing literature on agricultural mechanisation in developing countries, there are few studies which examine the evolution of technical choice on large plantations over time. This article analyses the process of selective mechanisation in sugar cane harvesting on three Peruvian plantations over a 20‐year period. Decisions regarding the choice of technique and the control of field labour are intimately connected. The concept of a strategy of technical choice is introduced to emphasise this interdependence and to provide a framework of analysis.