The Missing Witness? George V,Competence, Compellability and the Criminal Libel Trial of Edward Frederick Mylius

A criminal libel trial in 1911 set the monarch against one of his subjects. Edward Mylius repeated a rumour that accused King George V of marrying Queen Mary when – secretly – the King had previously married someone else and had three children. The criminal charge, the process used to bring the issue to court, the advice to the King of the relevant ministers (including Winston Churchill as Home Secretary) and the trial itself stretched the boundaries of fairness. The legacy of the trial created a lingering problem. Can the monarch ever be required to face the direct scrutiny of examination by being required to appear as a witness in his or her own court to support a personal complaint?     

Rousseau's Critique of Representative Sovereignty: Principled or Pragmatic?

In the Social Contract, Jean‐Jacques Rousseau advanced an impassioned critique of representative sovereignty, yet it is often thought that his objections were merely pragmatic and that he did not consider the question of representation to be a matter of basic political right. This article maintains, to the contrary, that Rousseau did have a principled argument against representative sovereignty and elucidates the nature and bearing of that argument by situating it in response to Hobbesian accounts of representation. Rousseau's argument is shown to have far‐reaching implications, as it entails that the existence of representative sovereignty contravenes two principles central to the legitimacy of modern democratic states: the sovereignty of the people and the moral equality of the citizens.     

Skin deep: Barthes,Lavater and the legible body

Much of the Indian debate about secularism is built around what seem to be commonsense assumptions about India and the West. But a close look at the impact of Protestant Puritanism on the relationship between religion and politics in the United States suggests that these assumptions are mistaken. Far from having fundamentally different experiences, there are some striking similarities between India and the United States: similarities that draw attention to potential long-term dangers for India.     

Sustainable development,sustainable livelihoods and land reform in South Africa: a conceptual and ethical inquiry

In this article various necessary conceptual linkages as well as contingent discontinuities between the concepts of land reform, sustainable livelihoods and sustainable development are studied. Exploring the complex relationship between land reform and sustainable development through a critical analysis of the concept of sustainable livelihoods, we argue that a strong ethical case for land reform as a component of sustainable development can be constructed by appealing to principles such as justice, equity and the obligations that we have towards fellow humans, as well as the environment, but fail to discharge if land reform is neglected. The case against land reform and its importance for sustainable livelihoods and sustainable development is also considered. We argue that this case is either inconclusive, or at best shows limits to the value of land reform in certain contexts only. It also suggests pitfalls to be avoided when land reform is being introduced, and can thus be regarded as enhancing the case for land reform that avoids such pitfalls. We furthermore argue that the complex set of relations that emerges proves to justify increased emphasis on implementation of land reform as a contribution towards sustainable development.     

Place, Space, and Time in the Sign of Property

Property is a complex sign in semiotics. It is also the source of tension and conflict in law. This paper examines property in triadic terms consisting of what Charles S. Peirce would identify as the icon (firstness), the index (secondness), and the symbol (thirdness). From this perspective the paper explores the ideas of place, space, and time at the iconic level of the sign of property. Discussion addresses the way in which property serves as a coded system for communicating information about a given community’s values and its cultural-interpretive hierarchy. Much like an aboriginal songline, property functions as a way of imprinting the land with impressions of social ordering related to place, space, and time. In the context of global trade we therefore observe property conflicts which are sometimes not so much about the technical language of property as they are about tensions among the embedded values in competing signs of property.

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The unintended consequences of New Zealand's primary health care reforms

In 2001, the New Zealand government commenced a program to reform the organization of publicly funded primary care services. While there have been several positive results of this reform, including the reduction of patient co-payments and the extension of the range of primary care services, the government's program was a hastily implemented attempt to place primary care, the delivery of which is dominated by private doctors, under firm state control. It was also an attempt to override preexisting arrangements. As such, the government succeeded in its goal of establishing new primary health organizations (PHOs), but there were also significant unintended consequences. As detailed in this article, these consequences include (1) the creation of a labyrinthine funding and organizational system with a variable capacity to deliver on the government's reform objectives, (2) an increase in the power and scope of preexisting doctor organizations combined with a government unable to wrest control over the setting of patient co-payment levels, and (3) an emerging lack of clarity about future directions for the primary health care sector.     

From Dignified Burial to ‘Terrorist Mausoleum’: Exhumations,Moral Panic and Mourning Policies in Peru

In this article, we examine mourning policies with respect to exhumations of mass graves from the Peruvian armed conflict. By reflecting on a case in which the exhumed dead, and their relatives, do not conform to the model of legitimate victims, we explore the limits of reparation policies and their effect on reconciliation. We investigate how the ‘terrorist mausoleum’ led to a significant episode of ‘moral panic’. We then analyse the normative perspective on mourning, as implemented in the public sphere, and how mourning, citizenship and nation are related when burying unwelcome dead associated with the figure of the ‘terrorist’.