Constructing citizenship: framing unauthorized immigrants in market terms

We show how conceptions of ‘market citizenship’ hold a central place in three distinct arenas: political theory; mainstream cultural narratives, and the views expressed by middle class Latino immigrants. Our analyses of both print media coverage and interviews with middle class Latino immigrants demonstrate that the narrative of market citizenship has heavily influenced the collective US understanding of state membership. This project not only finds a clear market framing in news coverage of the immigration issue, but finds that members of the Latino community have directly engaged with this frame and use it to refute the largely negative contentions of the popular press.     

Beyond the log frame: a new tool for examining health and peacebuilding initiatives

How do we move from identifying ethical principles to enhancing development practice? How can donors and NGOs move beyond the reporting of technical outputs to explore less tangible aspects of their health projects: contributions to rebuilding trust, promoting social cohesion, and enhancing good governance at community level? This article considers these questions in relation to health and peace-building activities in conflicted settings. It describes difficulties facing practitioners and donors seeking to undertake health and peace work, in particular focusing on the lack of appropriate tools for screening, monitoring, and evaluating projects. It critiques the logical framework, a tool commonly used in project planning, monitoring, and evaluation, and considers it alongside a new tool, the Health and Peace Building Filter, which has been designed to reflect on health programming in fragile or conflicted settings. The authors argue that such tools can help to move us beyond focusing on inputs and outputs to examining processes, relationships, and the indirect consequences of aid programmes.     

The Nature of Law and Potential Coercion

This paper argues for a novel understanding of the relationship between law and coercion. It firstly refutes Kenneth Himma’s claim that the authorisation of coercive enforcement mechanisms is a conceptually necessary feature of law. It then claims that the best way to understand the law is as coercion‐apt. The “coercion‐aptness” of law is clarified, in part, by appealing to an essential distinction between law and morality: Whereas it can be reasonable for the law to appeal to coercive means in order to motivate compliance, it seems decidedly unreasonable for morality to do so.     

The Scientific and the Social in Implementing Atkins v. Virginia

Atkins v. Virginia (2002) categorically exempts intellectually disabled defendants from execution, yet some constitutionally suspect punishments suggest a gap between law and practice. This article moves beyond critiquing Atkins’ formal implementation to provide a decentered analysis of the Atkins gap focused on the category of intellectual disability. It explores how drawing boundaries around intellectual disability in capital cases requires law to grapple with fluid scientific and social constructs through a study of how courts operationalize intellectual disability in capital cases. It draws from literatures considering the construction of intellectual disability and law's relationship to the scientific and the social and finds that this intersection first enables a conceptual disconnect between scientific and legal constructions of intellectual disability and, second, invites the use of stereotypes to inform the category. These processes undermine Atkins’—and other categorical exemptions’—ability to functionally limit extreme punishments and also reveal law as mutually constitutive.     

Patient narrative: an ‘on-switch’ for evaluating best interests

This article examines how the wishes, feelings, values and beliefs of adults lacking capacity can be evaluated and the extent to which they are given effect in best interests decision-making. One way of fulfilling the clinician’s legal responsibilities to take a patient’s preferences into account is to explicitly link these to the notion of narrative. Narratives provide a compelling grounding and give weight to views and values that may have been informally and consistently expressed in the past. An evaluation of recent case law suggests that the trajectory of a person’s life, their character and personality, and the perspectives of those with whom the patient has valued relationships are given increasing judicial recognition. Attending to the narrative of the patient could lead to a more sophisticated judgement of best interests than an objective ‘balance sheet’ approach would allow and enable greater alignment with the UN Convention on the Rights of Persons with Disabilities.     

State Sovereignty and Private Military and Security Companies in Australia

Private Military and Security Companies (PMSCs) as active participants within global security environments has increased in the last two decades exponentially. States have progressively incorporated PMSCs in their security functions, both domestically and internationally. Since the conflict in Iraq in the early 2000s, there have been numerous plausible reports of PMSCs violating international humanitarian law. Despite this, only a few have ever been prosecuted, suggesting a fundamental challenge to understandings regarding state control and monopoly over violence. Utilising a historical case study of an Australian PMSC in Operation Iraqi Freedom, this article argues that PMSCs undermine Australian sovereign legitimacy. It demonstrates how Australian oversight and accountability regarding its use of PMSCs is significantly fractured and current regulatory mechanisms concerning PMSCs are deficient. Thus, the Australian government's ability to provide control over the actions of PMSCs is diminished, affecting its sovereign legitimacy and ability to monopolise violence. The article overall conveys the dubious position states come into when the use-of-force is wielded by actors for distinct material incentives.