Russo-Japanese Rivalry Over Korean Buffer at the Beginning of the 20th Century and its Implications

At the beginning of the 20th century, Russia and Japan could not reach a lasting compromise over Korea. Several rounds of diplomacy for Korean neutrality or spheres of influence did not result in any lasting agreement. Due to the mutual suspicion and opportunistic searches for expansion into Korea and Manchuria, they could not reach an enduring understanding on Korea. Korea also could not play a role as an independent buffer state due to its own weakness. In conjunction with Japan's consistent efforts to establish an exclusive control over the whole of Korea, war broke out in 1904 and Korea became a protectorate of Japan. The developments in the Far East at the beginning of the 20th century hold implications on current northeast Asian security as well.     

Unearthing the realities of rape: Utilising Victorian newspaper reportage to fill in the contextual gaps

This article examines the realities of rape and sexual offences and their treatment through the legal process by use of media reportage, Victorian and modern; using this to contextualise and so to challenge the official record. The starting point is an identification of what constitutes ‹best’ evidence for an exploration of rape and sexual offences – evidence that permits better insights into the impact of such offences on the individuals involved, as well as into the factors governing the ability of the criminal justice process to promote the conviction rate in rape cases. By using a comparative historical perspective, and using media presentations (especially newspaper reportage) this article shows the enduring nature of stereotypes which govern the decisions reached by legal personnel and by jurors – stereotypes which have, since the Victorian period, remained profoundly gendered in ways that are unhelpful to the ‹victims’.     

The Hand Rule and United States v. Carroll Towing Co. Reconsidered

Judge Learned Hand’s opinion in United States v. CarrollTowing Co. (1947) is canonized in the law-and-economics literatureas the first use of cost-benefit analysis for determining negligenceand assigning liability. This article revisits the case in whichthe Hand formula was born and examines whether Judge Hand’sruling in that case would provide correct incentives for efficientlevels of precaution. We argue that the negligence test as usedby Judge Hand is somewhat different from the Hand test as usedby modern law-and-economics theorists. With a game theoreticanalysis of the case, we show that Judge Hand’s negligencetest could in fact produce games with inefficient equilibria,or with liability determinations opposite Judge Hand’s.     

Vicarious Trauma in Judges: The Personal Challenge of Dispensing Justice

Symptoms of vicarious trauma, coping strategies, and prevention suggestions were investigated with 105 judges. Participants completed a self‐report measure developed for this study. The majority of judges (63%) reported one or more symptoms that they identified as work‐related vicarious trauma experiences. Female judges reported more symptoms, as did judges with seven or more years of experience. In addition, female judges were more likely to report internalizing difficulties, while judges with more experience reported higher levels of externalizing/hostility symptoms. Coping and prevention strategies were multi‐domain (i.e., personal, professional, and societal) and underscored the need for greater awareness and support for judges.     

Church,State, Resistance1

This article problematizes a separation of Church and State that is nevertheless identified as constitutive of politics. Democracy has come to manifest a tension between the ‘autonomy’ of the political and a ‘heteronomy’ that, exceeding rationalist or social contractarian accounts of our co‐existence, is here presented as an irreducible affect of our being together. Autonomy, it is argued, resists heteronomy through all representations of democracy; yet, by contrast, heteronomy resists autonomy, and does so with the force of this affect. So if civil religion is impossible – and if we know only too well where its realizations lead: by default, to republican celebration, or by excess, to fascism – then we must take up again, and from scratch, the question of the affect according to which we co‐exist.