Mainstreaming Therapeutic Jurisprudence in Family Law: The Israeli Child Protection Law as a Case Study

This article considers the contribution of therapeutic jurisprudence (TJ) to the theoretical development and practical advancement of reforms in child care law. It does so by presenting three dilemmas arising from The Israeli Youth Law (Care and Supervision) 1960 relating to its substance, procedures, and practice. TJ is a “field of enquiry” that examines the influence of the law on litigants in order to advance rules and practices that have therapeutic effects and to minimize the use of rules and practices that have antitherapeutic ones. Following the TJ methodology, we integrate psychosocial findings into the legal discussion. We propose some therapeutic practices, as well as legal reform to make the child protection legal regime more TJ friendly for children and families.     

The erratic behaviour of the EU ETS on the path towards consolidation and price stability

The Kyoto Protocol envisages the use of various instruments to achieve emission reduction targets, one of which is the European Union Emission Trading Scheme (EU ETS), the most important market worldwide for CO₂ emission allowances. The volume of European Union Allowances traded represents over 45% of all the carbon dioxide generated by human activity within the continent. In its first two phases (2005–2012), the behaviour of the EU ETS was erratic, as a result of discretionary policies, an oversupply of allowances and reduced economic activity due to the global crisis. These factors caused excessively low prices that distorted the initial goals of achieving low-carbon solutions. From 2013, changes were made to the market regulation mechanisms in order to correct these structural deficiencies. Empirical analysis of daily prices in the two central phases of the market, following the pattern of ARCH and GARCH models, shows that the measures taken within the EU generated greater confidence and stability in the market and thus reduced volatility. Subsequent price behaviour, following a bullish path, has confirmed the success of the measures taken and their contribution to fulfilling emission reduction targets.     

Liberal Feminism: Individuality and Oppositions in Wollstonecraft and Mill

The essay explores liberal feminism by matching Wollstonecraft's and J. S. Mill's works against radical feminist criticism. Though censured by radicals for perceiving society in binary terms modeled on the male-female distinction, liberal feminists subscribe to a worldview that is variegated and dynamic. Liberal feminism does not oppose nature to culture or individuality to society, but rather sees the ability to achieve autonomous personhood as dependent on social conditions. This insight underpins liberal feminism's attitude to the status of women: to form as rational agents, humans have to be provided with social safeguards such as education and the vote. Far from being starkly individualistic, this agenda is based on liberal feminism's perception of individual rationality as a social product.     

Die Wiederherstellung des Marktsubjekts

The UK is generally considered a laboratory for styles of governance influenced by New Public Management: outsourcing, internal markets, targets, auditing. The shifts in governance style, and the new instruments that have accompanied them, were once synonymous with “Thatcherism” but have since been adopted and refined by New Labour. Early critical social scientific analyses deployed the Gramscian notion of hegemony to analyse this shift. This was followed by Foucault inspired analyses of “governmentality”. The latter focused more explicitly on the micro-level of conduct. This article follows that lead, but seeks to address the central puzzles thrown up by this experiment through Max Weber’s conception of a “bureaucratic revolution” and Karl Polanyi’s analysis of the constitution of a “market subject” via a “double movement”: a simultaneous loosening and tightening of control. The Weber-Polanyi approach allows us, we argue, to make the link more explicit between micro-level changes in the “conduct of life” (Lebensführung) and the meso-level instruments designed to bring about such a re-orientation of conduct. The article makes the case with reference to empirical material from a number of public services, notably education and health. Overall, the decisive factor is not a weakening of the state, but a change in its capacities and instruments.