Asian literature as a tool for cultural identity creation in Europe. Goethe’s Hafiz

By the eighteenth century the colonial powers in Europe already had well-defined images and self-images, crystalised from their native cultures, their significance within Europe, and their mercantile and political relations with other continents. Yet Germany, which would have no prospect of a unified polity till late in the following century, remained severely challenged in all these respects. From the mid eighteenth century, however, Germany’s greatest minds sought to mould for it a cultural identity, and as a vital step in this, the poet, statesman and scientist Goethe, a man indebted to a form of patronage which peculiarly qualified him to undertake such experiments, conducted a series of literary encounters with the great traditions of Asia. Their purpose was to situate Germany within the wider world culture, for one can only be a cultural force within a world to which one has some cultural relation. Goethe’s forays into the worlds of Persian, Indian and Chinese literature were attempts at creative imitation, cultural absorption and public confrontation, but their culture-building and appropriative character was also a form of vicarious imperialism, a new-world enterprise conducted by means of old-world patronage. Goethe’s carefully nuanced representations in the West-Eastern Divan indicate the advocacy of a secular cosmopolitanism, the popular impact of which has been hitherto underestimated.     

The spaces of intervention for Mali and Guinea-Bissau

ABSTRACT

This article focuses on interventions by the African Union and the Economic Community of West African States in Guinea-Bissau and Mali. In the literature, these are often approached in a ‘top-down’ manner, focusing on formal institutions, not accounting for the complex dynamics in and around conflict intervention. This article argues that adopting space as an analytical lens allows new ways to address these issues. It highlights how interventions by different actors and their interactions are influenced by spatial perceptions and framings, which result in the making of different ‘spaces of intervention’ through different practices. The two described here, ‘scaling’ and ‘establishing reach’, enable strategic and continuous formation and negotiation of spaces for action, according to actors’ needs and interests. Thus, shedding light on specific actors and their practices, the article contributes to a better understanding of the complex dynamics in conflict intervention in West Africa.     

USING STATE LEGAL NEEDS STUDIES TO INCREASE ACCESS TO JUSTICE FOR LOW‐INCOME FAMILIES

State legal needs studies quantify and classify the legal problems faced by low‐income families, which is crucial to obtaining and allocating resources. Providers and courts perceive a greater need for family law help than do low‐income households, an important disparity to examine. State legal needs of the poor studies are most valuable when they provide insights into how families' legal needs are or are not being met, allowing for more informed and effective recommendations and action. These measurements of the justice gap go beyond mere recitations of statistics and are useful in increasing access to justice for families.     

The third way in mental health policy: negative rights, positive rights, and the Convention

Mentally disordered patients may be said to have rights in two senses: negative rights to freedom from arbitrary detention or interference with their person; and positive rights to expect a certain minimum standard of service, be that in terms of treatment as an in-patient, or as a patient in the community. The Labour government has appointed a 'scoping group' to carry out a root-and-branch review of the Mental Health Act 1983. The 1983 Act was mainly concerned with in-patient treatment. The group is to look at the scope for introducing further compulsory powers in the community, enhancing the rights of carers and relatives, and is to take account of recent British and Strasbourg case law. The primary impact of the Convention on psychiatric patients has been in relation to protection against arbitrary detention under Article 5, unsoundness of mind being one of the permitted grounds of deprivation of liberty under Article 5(1)(e). This article explores the potential impact of Convention rights in developing what Gostin referred to in the early 1980s as a 'new legalism'. The new legalism linked concern for traditional rights to due process and review by the courts or other external bodies with the 'ideology of entitlement' to adequate treatment and services. The article outlines the current policy context of mental health services and looks at the development by the European Court of Human Rights of positive Convention rights to services out of Article 5, whose purpose seems at first sight to be the protection of due process rights. It examines the relevance of Convention rights to community powers.     

Convention Compliance, Public Safety, and the Social Inclusion of Mentally Disordered People

The first part of this paper considers the impact of the HRA 1998 in the courts, and the application of Articles 3, 5, and 8 in relation to psychiatric detention, treatment without consent, and seclusion. The second part looks at its effect on the discourse of law reform. Here a key theme is the way Convention compliance has been used by the government to justify measures that will lead to a broadening of the scope of compulsory powers and a reduction in psychiatric service users' rights.     

Racial disparities in access to long-term care: the illusive pursuit of equity

While nursing homes were insulated from civil-rights enforcement at the time of the implementation of the Medicare program and lagged behind other parts of the health sector in providing comparable access to minorities, they are the only providers for which current reporting requirements make it possible to fully assess racial disparities in use and quality of care. We find that African Americans' use of nursing homes in 2000 in the United States was 14 percent higher than Caucasians' use. The largest relative African American use of nursing homes in 2000 took place in the South and West. Average nursing-home case-mix acuity for African Americans and Caucasians were essentially identical, suggesting that shifts in payment incentives have eliminated the selective admission of easy-care private-pay (predominantly Caucasian) patients and helped fuel the growth of private pay home care and assisted living for this segment of the population. While these shifts in incentives helped increase the use of nursing homes by African Americans, a high degree of segregation and disparity in the quality of the nursing homes used by African Americans persists. Parity in use is an illusive benchmark for measuring progress in assuring equity in treatment.