Business Representation in the UK Since 1979: the Case of Trade Associations

The article explores the impact of Conservative governments since 1979 on business representation. It concentrates on the trade association—the most common form of business organization in the UK but one which has been largely neglected in the discussion of business representation. The results of a major survey of trade associations conducted in 1994 are reported and their significance assessed in the light of three general propositions about the direction of business representation since 1979.     

One percent bikers clubs: A description

This paper, through an extensive literature review of biker websites, newspaper articles, popular books, the limited scholarly research, and court cases, as well as interviews and associations with law enforcement officers and 1% bikers, identifies and describes the major 1% biker clubs. The Big 5 clubs—Hell’s Angels, Bandidos, Outlaws, Pagans, and Sons of Silence— are discussed. Their history, number of chapters in the United States and overseas, and a “best guess estimate” of membership numbers are also provided. Similar information is provided on the major independent 1% biker clubs—Warlocks, Mongols and Iron Horsemen. There is also a brief discussion of the role of puppet (support) clubs and the four black or interracial 1% biker clubs. This research, describing the clubs, is the first step needed to stimulate research on this under researched topic.     

Human Rigghts: A Culture of Controversy

Many arguments in favour of constitutionally entrenched Bills of Rights are undermined by the inherently controversial nature of human rights with respect to their content, their form, and their valence. Even in the case of civil and political rights, the concretization of rights at the level of specificity required to decide particular cases must always be politically and morally controversial. There is no accepted moral or legal method that can be utilized to give the requisite objectivity to the value choices inherent in human rights jurisprudence. Positivization of human rights increases their utility but compromises their moral status. It follows that legitimate articulation of human rights requires ongoing democratic dialogue and decision-making. Although perceived as a stop-gap measure, the Human Rights Act 1998 could facilitate an enduring partnership between courts and parliaments, placing human rights more firmly on the political agenda and establishing a proper balance between the inputs of courts and parliaments which recognizes that the development of positivized human rights must be primarily located in electorally-based politics.     

Complex Social Organization: Multiple Organizing Modes, Structural Incongruence, and Mechanisms of Integration

This article conceptualizes and analyses a type of complex social organization consisting of heterogeneous organizing modes and social relationships, combining, for instance, relationships making up markets and hierarchies as well as various types of informal networks. Each mode is constituted and regulated on the basis of a system of social rules making up a particular normative order and operates in terms of its own particular rationality or social logic. When modes are combined or integrated into multi-institutional complexes or organizations, the resultant structure entails zones of incongruence and tension at the junctures or interfaces of the different organizing modes and social relationships. The article identifies a number of such incongruent organizing modes that are common in complex social organizations or inter- institutional complexes. It goes on to identify several of the institutional strategies and arrangements including rituals, non-task-oriented discourses, and mediating roles that actors develop and institutionalize in dealing effectively with incongruences and potential conflicts in complex, heterogeneous organizations. The article suggests that problems of structural incongruence - and the tensions and conflicts that arise in connection with it as well as responses to these - are major features of complex organizational and inter-institutional arrangements. Moreover, it suggests that social order - the shaping of congruent, meaningful experiences - in these complex organizations as in most social life builds on non-rational foundations such as rituals and non-instrumental discourses. These contribute to maintaining social order and to providing a stable context, even for rational decision-making and action.     

CHILDREN'S RIGHTS IN EUROPEAN LEGAL PROCEEDINGS: WHY ARE FAMILY PRACTICES SO DIFFERENT FROM LEGAL THEORIES?

Debates about child custody following parental separation often have been framed in terms of a battle between the competing rights of different family members. In the United States, advocates of mothers’ rights square off against proponents of fathers’ rights, with each side claiming to truly represent children's rights. Of course, not all advocates lay claim to children's rights in contact and custody disputes merely as a tactical maneuver. Some experts believe that children are entitled to (and benefit from) their own, independent legal advocate in custody cases. In theory, at least, the position that children lay claim to a third set of independent rights is strongly held in Europe, more strongly than in many U.S. states, because of the adoption of United Nations Convention on the Rights of the Child in Europe, but not in the United States. In this article, we examine children's rights in custody disputes from a European perspective, particularly children's legal right to contact with their parents, as well as the children's right to be heard in custody and contact disputes. We find that, despite differences in legal theory, tradition, and family demographics, European countries ultimately face a familiar reality: Custody and contact disputes are, in reality, more about renegotiating family relationships than they are a matter of a mother's, father's, or child's rights.