Social Justice and Communication: Mill, Marx, and Habermas

This article concerns how one may theorize a social justice of communication. The article argues that the theory of democracy cannot neglect an analysis of communication and that, indeed, a social justice of communication can be identified in the discourse ethics of Jürgen Habermas’s “deliberative” theory of democracy. The socio-political analyses of communication in John Stuart Mill and Karl Marx are examined as precursors to Habermas’s position because they are useful for setting off the unique synthesis of the liberal and critical traditions that Habermas develops. Such a social justice of communication shows how the communicative mediation of the public sphere can ameliorate the tension between individual autonomy and the solidarity of group membership by communicatively empowering individuals under conditions of mutual respect and equal dignity.

Starting Out with Alfred Kazin

After the great success of Alfred Kazin's memoir A Walker in the City in 1951, its long-awaited sequel, Starting Out in the Thirties (1965), has been relatively neglected. Though not much longer than a novella, it is nevertheless rich in the kind of portraiture that makes his autobiographical writing so memorable. In doing so it paints an exceptional portrait of the whole decade and makes a strong political case against ideological abstraction and expedience as opposed to the values of personal empathy and moral urgency--the very qualities the book exemplifies.     

‘Gross inefficiency and criminal negligence’: the Services Reconnaissance Department in Timor in 1943–45 and the Darwin war crimes trials in 1946

The post-World War II Australian military war crimes trials of Japanese from 1945–51 have been criticised for using a rule of evidence considerably relaxed from the ordinary requirements of a criminal trial, one that did not require witnesses to give evidence in person. Circumstantial evidence suggests that, in relation to a trial held in Darwin in March 1946 for war crimes committed in Timor, the secretive Special Operations Australia, otherwise known as the Services Reconnaissance Department (SRD), took advantage of the rule. This article argues that the SRD did not allow their members to give evidence in person in an attempt to control and limit the dissemination of information about their operational and security failures in Timor from 1943–45. The SRD operation was adjudged by its own official historian as displaying ‘gross inefficiency and criminal negligence’. While the SRD’s failures were known to select personnel at the time, access restrictions to archival records in the post-war period, including the war crimes trials, meant that the extent of its failures and how it appeared to manage knowledge of them has not been widely known.     

Dr Ivy Williams: inside yet outside

ABSTRACT

Dr Ivy Williams was the first woman to be called to the Bar of England and Wales. Despite this, she never took up the practice of law and after this historic moment Dr Williams returned to her life as a legal academic. This article examines Dr Williams’ journey in legal life, aiming to uncover her motivations for becoming admitted and her subsequent turning away from life at the Bar. Prior to her admission, Dr Williams had suggested that women might practise as ‘outside lawyers’. With that in mind, this article will consider Dr Williams’ scholarship and her contribution to legal academia and seek to answer whether this path can be seen as an alternative legacy to the women in law.     

Integrated Theory and Crimes of Trust

The integrated theory first proposed by Elliott et al. (1979), combining strain, social control, and social learning (and sometimes social disorganization) theories, has been repeatedly tested and consistently supported for a wide range of behaviors including licit and illicit substance use, violence, and other forms of illegal behavior. It has not, however, been tested for a class of illegal behaviors best described as crimes of trust, which include different types of fraud, workplace theft, and income tax evasion. This category of offending includes offenses commonly regarded as white collar crime, and also offenses that have been more or less marginal to the study of white collar crime. The present paper tests the integrated theory specifically for crimes of trust in the National Youth Survey Family Study, a national, multigenerational sample of individuals whose focal respondents were 11–17 years old in 1976–1977, and who are now in middle adulthood. Relying on structural equation modeling (SEM), parallel tests are performed for two generations, the focal respondents in early middle age (ages 38–45) and their adult offspring (ages 18–24) for the period 2002–2004.     

Is a Fixer-Upper Actually a Downer? Homeownership,Gender, Work on the Home,and Subjective Well-being

This article investigates whether homeownership provides psychological benefits, particularly as mediated through the act of working on the dwelling. It examines whether work on the home potentially increases subjective well-being (SWB) for home occupants because such work improves the dwelling or because the work is fulfilling and promotes feelings of mastery and control. It also investigates whether homeowners are more likely to perform such work compared with renters. The article finds that homeownership is associated with somewhat elevated life satisfaction, but that homeowners tend to experience less intense positive affect than renters. Homeowners spend much more time working on the home than renters. Strong links between work on the home and life satisfaction are not found, but certain types of home work activities—such as interior or exterior decoration and repairs and yard work—tend to be experienced as psychologically meaningful. Gender also plays a role in the division of home labor and the psychological costs and benefits of homeownership and work on the home. Women are much more likely than men to clean the interiors of dwellings, an activity associated with poor affect. Men perform more of most of the other types of work on the home; in homeowning households these burdens tend to balance each other out, but in renting households there tends to be a dramatic disparity in terms of work on the home, raising concerns about gender inequity.     

Trademarks as Sources of Market Power: Legal and Historical Encounters

Although the history of trademarks is well catalogued in various review articles and books in different jurisdictions, one particular missing link is whether trademarks are sources of market power—from a historical perspectives. This article addresses exactly that question, and presents some of the legal encounters that support the historical narrative that trademarks are sources of market power, by examining selected trademark cases—centuries apart in England and the United States. The overall purpose of these discussions is aimed at situating the law and policy of trademarks in the antitrust regime when significant historical trademark cases are brought into the equation and whether a prediction can be made that trademarks are increasingly heading into a clash with the antitrust regime.