Principle,Proceduralism, and Precaution in a Community of Rights

Abstract. This paper presents a sketch of the way in which an ideal‐typical community of rights, Gewirthia, responds to the so‐called “internal problem of authority.” Notwithstanding the deep moral consensus in Gewirthia, where citizens are fully committed to the Principle of Generic Consistency (requiring that agents respect one another’s freedom and basic well‐being), Gewirthians make no claim to “know all the answers.” In consequence, public governance in Gewirthia needs a strategy for dealing with the many kinds of disputes—disputes that relate to matters of both principle and practice—that require authoritative settlement. In this context, having outlined the nature of (and justification for) the procedural strategy that Gewirthia adopts in order to resolve such disputes, we discuss the range of regulatory questions that are potentially moot in Gewirthia, and focus on three hard cases in which the State might argue for a precautionary licence—namely, where there is a dispute about indirect and speculative harm to rights‐holders, about harm to arguable rights‐holders, and about the possible corrosion of the conditions that are essential for the sustainability of a moral community.     

The Implementation of European Anti‐Discrimination Directives: Converging towards a Common Model?

This article examines the impact on national law and policy of two Directives on combating discrimination adopted by the EU in 2000. It considers the extent to which their transposition has resulted in the 'Europeanisation' of anti-discrimination law and whether this implies convergence in the direction of a common model. Two themes are examined: the list of protected grounds of discrimination and the creation of equality institutions. All 27 states have introduced legal reforms in response to the Directives and a loose level of convergence can be identified. Nevertheless, specific national traditions have proved resilient, for example, shaping the meaning attached to terms such as 'disability' or the structure and powers of equality bodies.     

PARTNERS IN REALISM: BRITAIN AND BRUNEI AMID RECENT TURBULENCE

Roger Kershaw is a former lecturer, now freelance writer, on South East Asia. He worked in Brunei between 1984 and 1994. His interest in monarchy is reflected in Monarchy in South-East Asia: The Faces of Tradition in Transition (London, Routledge, 2001). He has contributed a number of articles to Asian Affairs on Brunei, Malaysia and Thailand, and many reviews across the years.     

HOMICIDE TRENDS IN ATLANTA

In recent years in Atlanta, homicide has been the most common cause of death in males 20–40 years of age. To study homicide trends in this city we analyzed data for 591 resident victims of criminal homicide in two time perid. 1961–1962 and 1971–1972. Large increases occurred in the homicide rates for both black and white residents. In both races, these rate increases could be accounted for almost entirely by homicides involving firearms Homicide rates for black and whites in 1971–1972 were highest in census tracts with low indices of socioeconomic status; this association was found only for homicides in which the victim and assailant were relatives or acquaintances. There was little geographic overlap between areas with high rates of homicide in the home and high numbers of homicides in public. Using population-based rates facilitates comparisons of homicide occurrence between time periods and/or places.