Equality of resources and the demands of authenticity

One of the most distinctive features of Ronald Dworkin’s egalitarian theory is its commitment to holding individuals responsible for the costs to others of their ambitions. This commitment has received much criticism. Drawing on Dworkin’s latest statement of his position in Justice for Hedgehogs (2011), we suggest that it seems to be in tension with another crucial element of Dworkin’s own theory, namely, its endorsement of the importance of people leading authentic lives – lives that reflect their own values. We examine this tension between responsibility and authenticity, and some strategies Dworkin does and could deploy to defuse it, which we think are unsuccessful. We then propose a solution for reconciling the demands of responsibility and authenticity, which is, so we claim, friendly to Dworkin’s fundamental commitments but which leads to a revisionist interpretation of the demands of equality of resources.     

Acknowledging the Suffering Caused by State-Mandated Sexual Violence and Crimes: An Assessment of the Iraqi High Tribunal

The Iraqi High Tribunal (IHT), as a mechanism of transitional justice, took upon it a pioneering role within the Middle Eastern Region by prosecuting and convicting several high-ranking members of the former suppressive regime in Iraq. As part of this work, the IHT confronted the widespread impunity for and disregard of gender-based crimes, such as rape and other sexual violence, and took steps towards reforming the sector through its progressive statute and the specific acknowledgment of gender crimes within its judgments. It will be the aim of the following article to extend academic writings on Iraq, the IHT and gender, by providing insights into how the tribunal dealt with the issues of rape and sexual violence, the surrounding circumstances and how successful the IHT's recognition of these crimes proved for transitional justice in Iraq.     

Gender dimensions of decision-making on production assets and challenges facing women

This article investigates gender dimensions of decision-making on access to, and control over, productive assets for agricultural development in selected communities in Ghana. The men were more educated, resourced, and economically empowered than the women. This resulted in differential access to, and control over, resources by gender and a low level of female participation in decision-making. The study identified a land access gap by gender and crop acreage gap of up to 80% for women as compared to men. Challenges limiting women in agricultural production and processing include inadequate land access, inadequate capital, inefficient processing technologies, and unattractive markets.     

Microfinance and women's empowerment: an ethnographic inquiry

Within the last two decades microfinance has been widely adopted as one of the best development strategies to reduce poverty and empower women in many developing countries. Drawing on ethnographic research undertaken in Ethiopia, this article elucidates the complexities of microfinance processes, and argues that current microfinance practice does not facilitate the participation of women in decision-making over the use and management of loans as well as the income they generate from running small enterprises. The article illustrates that women are engaged in running small-scale economic activities at home that produce low returns, and they have limited access to lucrative markets. It also demonstrates that due to a discriminatory household division of labour, women are overworked in their households and in their enterprises. Through engaging in a mode of representation (ethnography) that allows specific critical voices to be heard, the article contributes toward tempering the current enthusiasm for the widely expanding microfinance industry.     

Ethnographic filmmaking as narrative capital enhancement among Atauro diverwomen: a theoretical exploration

This article reports on a project involving the development and release of an ethnographic film about the women divers of Atauro Island, Timor-Leste, and suggests a theoretical framework to interpret its outcomes. It describes the project aims and the filmmaking process, and reports on its results. In doing so, the paper explores the potential use of an agent-based concept of narrative capital focused on collective agents. The article suggests that the ideas of narrative capital and transformations of capital by collective agents can provide a valuable interpretative framework for the design, implementation, and analyses of results of development interventions involving filmmaking.     

European Law Beyond ‘Ever Closer Union’ Repositioning the Concept,its Thrust and the ECJ's Comparative Methodology

The article investigates competing understandings of European law. It supports, against the prevailing EU‐centred understanding, an ecumenical concept that embraces EU law, supplementing international instruments, the European Convention on Human Rights and, importantly, various domestic laws enacting or responding to such transnational law, as well as European comparative law. To keep the concept in sync with European politics, it posits a new idea that binds the parts together: to provide for a European legal space rather than further European integration (the ever closer union). This idea can also serve as European law's functional equivalent to forming one legal order. European law thus conceived grasps the puzzling complex of interdependent legal orders, sets a common frame for corresponding reconstructions (European composite constructions, legal pluralism, network theories, federalism or intergovernmentalism) and allows forces with diverging outlooks to meet in one legal field, on one more neutral disciplinary platform. Within this framework, European comparative law finds a new mission as well as a sound legal basis.     

我国刑事见证制度的价值及完善

刑事见证制度是保证国家公诉的透明度和公信力之关键,具有独立的程序价值。我国刑事诉讼法律规范在见证制度方面存在诸多不足之处,这对司法机关依法规范侦查行为、统一证据标准造成混乱,也对我国的人权保障形成制度障碍。对此,我国刑事诉讼法应当从见证人的选取、见证人的权利和义务、见证制度的违反后果等方面统一见证制度的程序和实体标准,为证据的可信度提供制度保障。     

浅谈“轻轻重重”与“宽严相济”

随着西方国家“轻轻重重”两极化刑事政策的确立及我国宽严相济刑事政策的提出,学界对两者相通性的探讨逐渐增多,但对两者区别的研究甚少。在对两者历史沿革、具体内容、价值取向进行比较分析的基础上,可以得出我国刑事政策的理性选择。     

Gender in Climate Change and Disaster Risk Reduction,Manila, October 2008

The Congress on Gender in Climate Change and Disaster Risk Reduction (held in Manila 19–22 October 2008) was the Third Global Congress of Women in Politics and Governance. Its purpose was to provide a forum for decision makers to formulate gender-responsive programmes related to climate change and disaster-risk reduction. More than 200 people participated, including parliamentarians, representatives of environmental and women's organisations, and donor agencies. Proceedings focused on the fact that climate change magnifies existing inequalities, and in particular gender inequality. The Congress issued the Manila Declaration for Global Action on Gender, Climate Change, and Disaster Risk Reduction.     

Changing families and communities: an LGBT contribution to an alternative development path

Until now, most discussions on the place of lesbian/gay/bisexual/transgender (LGBT) people in global civil society have focused on their access to citizenship, rather than their socio-economic rights and role in development processes. This article argues that an alternative vision of development should challenge heteronormative family structures; build alternative, queer communities; wage activist, sexually emancipatory campaigns on concrete social issues (as the Treatment Action Campaign has done on HIV and AIDS in South Africa); and rethink existing models of democratic participation. The author emphasises the paradoxes of LGBT organisation in the context of neo-liberalism and globalisation, with an eye toward queering, or challenging heteronormativity in, global social-justice movements.