The development of the penal bond with conditional defeasance

The development of the penal bond with endorsed conditional defeasance presents a problem because the earliest monetary penalties in English contracts took the form of straight-forward penalty clauses. It is hard to see how the convoluted penal bond developed from such penalty clauses. This article traces the development of the penal bond from debt recognizances defeasible by the performance of conditions stated in a separate document. The logic of the defeasible recognizance was carried over to other arrangements including the penal bond with endorsed conditional defeasance.     

HIV/AIDS Stigma and Discrimination: Legal Perspectives∗

This article considers a unique feature of co-operation within the Commonwealth, the Commonwealth Schemes aimed at enhancing international co-operation in criminal matters. It focuses in particular on the Scheme relating to Mutual Assistance in Criminal Matters within the Commonwealth, commonly referred to as the Harare Scheme.     

China's Approach to BRICS

The economic rise of the BRICS (Brazil, Russia, India, China and South Africa) inevitably leads to a redistribution of power in the international system. Chinese leaders today accord a considerable priority to this group, and there are elements of realism, liberalism/institutionalism and constructivism in their approach. This article intends to study China's policy towards BRICS and examine the above elements so as to better understand how the Chinese leadership perceives China's role in the international system, and how it seeks to articulate its interests and enhance its influence.     

A Golden Week On Horseback

Genghis Khan once said,"It is easy to conquer the world from the back of a horse." With this in mind,I confidently mounted my first Mongolian horse at a camp two hours outside of Ulan Bator and settled into the wooden-framed saddle. "Choo!" I shouted,using the Mongolian     

Extravagance and mediocrity of virtue: Their divergence and the possibility of demagoguery

In the Nicomachean Ethics, Aristotle refers to Socrates five times: four references are to the contentious Socratic doctrine that “virtue is knowledge” the fifth is in the discussion of irony, “such as that of which Socrates was accused.” These issues are not conjoined accidentally. “Manifest appearances” attest that we can do worse than we know or know better than we do. Yet, the “problem of incontinence'’ is only half of the problem of the divergence of character and intellect, the mediocre and the extravagant in virtue. The other half of the problem is the capacity of some to do or act better than they know, vice's ability to imitate virtue, the disloyal talent's employment of demagoguery, the clever vice of irony.     

Indian peasant uprisings: Myth and reality

A.R. Desai (ed.), Peasant Struggles in India, Delhi: Oxford University Press, 1979. Pp.xxv + 772; Rs. 140.

Sunil Sen, Peasant Movements in India: Mid‐Nineteenth and Twentieth Centuries, Calcutta: K.P. Bagchi, 1982. Pp.275; Rs.75.

D.N. Dhanagare, Peasant Movements in India: 1920–1950, Oxford: Oxford University Press, 1983. Pp.xii + 254; £12.

This review of some important recent works on peasant movements in India examines four major questions concerning (a) the social locus of rebellions, (b) the role of capitalism and imperialism, (c) the part played by existing state power, and (d) the role of parties or organisations. It is argued that while there is no unchanging social base the disproportionately high degree of tribal participation in armed rebellion may provide some clue to the relative lack of similar participation among the mainstream peasantry, that capitalist imperialism is a multi faceted phenomenon impinging on the peasantry in many ways, that existing state power plays a major part in rebellions, and that a party or organisation is a necessary precondition for any trans‐local or trans‐tribal movement. It concludes by suggesting that varieties of mobilisation within the framework of parliamentary politics should be studied in order to assess the really significant role of the peasantry in the political evolution of post‐independence India.     

Detracking America's schools: Equity at zero cost?

Schools across the country are ending the practice of grouping students based on ability, in part, because of research indicating that tracking hurts low-ability students without helping students of other ability levels. Using a nationally representative survey conducted by the National Center for Education Statistics, (NCES) we reexamine the impact of tracking on high school student achievement through the estimation of a standard education production function. This approach allows us to control for the possibility that track is correlated with factors such as class size and teacher education. In addition, we address the possibility that there are unobserved student or school characteristics that affect both achievement and track placement. Our results indicate that abolishing tracking in America's schools would have a large positive impact on achievement for students currently in the lower tracks, but that this increase in achievement would come at the expense of students in upper-track classes.