On the Undecidability of Legal and Technological Regulation

Law and Critique - Generally, regulation is thought of as a constant that carries with it both a formative and conservative power, a power that standardises, demarcates and forms an order, through...     

Analysis of off-farm work decisions among smallholder farm households in Burkina Faso

This article investigates off-farm work decisions by smallholder farm households. Using data on 1,101 households from Burkina Faso, it demonstrates that in addition to the usual household socio-demographic characteristics, remittances, access to information and beneficiary of specific training affect off-farm work decisions, as well as rainfall factors and idiosyncratic health shocks. Community characteristics such as accessibility and number of inhabitants are also key factors. While suggesting that off-farm work is less likely to be undertaken for accumulation purposes, these results have important policy implications. In particular, policy measures should consider each segment as a separate entity.     

Child Sexual Abuse Perpetrated by Women: Case Series and Review of the Literature

The literature on child sexual abuse (CSA) perpetrated by female sexual offenders (FSOs) is exiguous, and many studies have focused on judicial databases. The present retrospective study, instead, analyzed clinical and judicial data of a group of both victims and alleged FSOs, to additionally include women who have not been convicted by the criminal justice system, but who hold strong clinical suspicions of being perpetrators of CSA. The medical records and the Court files of 11 children and their eight suspected FSOs have been collected and critically reviewed in light of the literature to date. This approach allowed for a deeper understanding of the relationship between child and FSO. The authors hypothesize that the victims’ severe psychopathological outcomes were a result of a failure to develop appropriate attachments with their prospective caregivers, which could have been damaged by the pathological relationship with FSOs, who were the victims’ caregivers.     

Three cheers for liberal modesty

ABSTRACT

Many liberals have been immodest in postulating that their own progressive, secular liberalism is the only one that can be justified in public reason. In Liberalism’s Religion, I articulate a more modest theory of liberalism and religion. While I personally endorse progressive secular liberalism, I argue that it is only one of the reasonable conceptions of liberal justice. This liberal modesty has profound, hitherto unnoticed implications for (i) the role of religious arguments in the public sphere, (ii) the legitimacy of religious establishment, and (iii) the justifiability of religious exemptions. In this article, I defend these three claims by providing replies to my critics.     

Varieties of corporate social responsibility (CSR): CSR meets the “Nordic Model”

Corporate social responsibility (CSR) is increasingly being promoted as an instrument for global governance to address the regulatory vacuum surrounding transnational business activities and as a method for encouraging business to contribute to sustainable development at the national level. Originally a business-driven, American concept, CSR has now been adopted and promoted by a wide range of governments and multilateral institutions. However, the socio-political model underlying CSR is far from neutral and may conflict with existing models in the societies in which it is introduced. In this article a typology of possible governmental interpretations of CSR is developed, and how CSR is transformed and adapted in its meeting with Nordic governments in order to fit the “Nordic Model” of state-market-society relations is analyzed. The analysis suggests that pre-existing political-economic institutions and cultural norms deeply affect the interpretation of CSR, and that this, when combined with ongoing national political processes, leads to a highly transformed concept of CSR.     

Justice,Fairness, and World Ownership

It is a central tenet of most contemporarytheories of justice that the badly-off have aright to some of the resources of the well-off.In this paper, I take as my starting point twoprinciples of justice, to wit, the principle ofsufficiency, whereby individuals have a rightto the material resources they need in order tolead a decent life, and the principle ofautonomy, whereby once everybody has such alife, individuals should be allowed to pursuetheir conception of the good, and to enjoy thefruits of their labour in pursuit of suchconception. I also endorse the value offairness, whereby the right person orinstitution makes the decision as to whether tobring about justice.I show that justice and fairness can besatisfied only if we all enjoy a combination ofprivate and collective rights over the world.In making that case, I shall argue that the setof ownership rights I advocate differs fromreadily available conceptions of restrictedprivate ownership in two important respects.First, it is such that in some circumstances,two individuals or more can have control rightsover the same property at the same time, not,as is standardly the case in legal systems, bycontracting with one another (through gifts andjoint purchase), but simply on grounds ofjustice. Second, it allows that, if necessary,property-owners be expropriated from theirproperty without compensation.