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Chapter 9 draws on the evidence outlined earlier in the book to evaluate a range of possible legal interventions. Structured according to the five potential equality objectives outlined earlier, the measures include steps to increase the visibility of people with disfigurements in daily life, methods of motivating employers to become appearance-inclusive and changes to influential institutions outside the employment context. They also include a range of legislative reforms to replace the severe disfigurement provision with a better remedial mechanism, such as the creation of a new protected characteristic of disfigurement or the reformulation of the definition of disability.
The chapter deals with the history of the Hussite revolution in the first half of the fifteenth century in Bohemia. It focuses on the discourse of heresy, which underwent significant differentiation in the late Middle Ages as political conditions became increasingly complex.
This chapter examines Stimson’s first months back at the War Department following the Fall of France in June 1940 and how its position within Washington shifted from the margins to the center of US policymaking. It examines the dysfunction and turbulence at the War Department in the years prior to Stimson’s arrival and the specific reforms Stimson made to mitigate this upheaval and ensure the Army was in the rooms where policymaking happened. By focusing on these changes and their application during those intial months, this chapter argues that the War Department turned into a crucial buraucratic, political, and policy operator because Stimson and his inner circle overhauled its organizational structure, fashioned concrete policy objectives, and deliberately worked to influence domestic politics and policymaking. By consciously performing as a political actor, the War Department gained leverage over its bureucratic rivals at the Navy and State Departments and became a consequential policymaking nexus inside the Roosevelt administration and within the US government.
Chapter 13 examines the evolution of regionally administered totalitarianism (RADT) in post-Mao China. The reforms were implemented to safeguard totalitarianism within the boundaries of its core principles. Economic reforms, particularly those implemented in the wake of the collapse of the Soviet Union, inadvertently strengthened the private sector and civil society under RADT, which ultimately saved the regime. Yet this development also unintentionally created a new liberal type of institutional genes and steered China in the direction of regionally decentralized authoritarianism (RDA). The chapter explores the tug-of-war between the old institutional genes of the RADT/RDA system and the new institutional genes, with the authoritarian system exerting force to suppress the nascent traits, followed by a subsequent shift back to rigid totalitarian control. Finally, the chapter assesses the economic constraints imposed by the totalitarian structure, the changes in the party-state incentives, the precarious position of the private sector, and the overarching influence of communist totalitarianism on China’s economic progress.
Despite international calls to abolish the use of segregation in prisons, the practice has been defended by some Canadian correctional workers as a sometimes-necessary practice to preserve prisoner and staff safety. Informed through a lens of risk and the socio-legal literature on segregation, the current interview study explores perspectives on segregation from 28 correctional officers (COs) employed in provincial correctional services at a prison in Atlantic Canada. COs expressed a need to continue using segregation—albeit less often and under reformed contexts—to ensure safety for prisoners and staff and preserve prisoner accountability. Findings indicate COs recognize the structural, situational, and personal factors and complexities that shape decisions to impose segregation. They call for increased available resources to improve prisoner safety, dignity and wellness, prevent harm and self-injury, and reduce the use of segregation. We conclude with recommendations for provincial and territorial correctional institutions to consider moving forward.
Today, policing in the United States is facing a crisis of legitimacy and calls for reform. This Element examines this crisis and describes the adverse effects of problematic police behavior on community members, police officers, and public safety. A critical analysis of past reform efforts is offered, including why they have had limited success in changing police operations, police culture, or styles of policing. The central thesis of this Element is that most police reforms have failed because we continue to use the wrong metrics to evaluate police performance. Cities have yet to systematically measure what matters to the public, namely how people are treated by the police. Hence, this Element proposes a new system of accountability using data from body-worn cameras and contact surveys to measure and incentivize procedural justice. Translating evidence into real organizational change should improve street-level policing, enhance police legitimacy, and improve public safety.
The antislavery campaign was in many ways the cradle of the constellation of reform movements and ideologies that are usefully understood as part of a nineteenth-century global reform culture. Chapter 1 surveys the cultural legacy of antislavery among reformers, as it offers a typology of the main motifs and dominant memories. To set the stage for the following chapters, it discusses how abolitionism served both as an organized and as a cultural movement in the US, the UK, France, the Low Countries, and the German states. It argues that though organizational efforts were insignificant compared to the unprecedented scale of popular mobilisation achieved in the Atlantic World, the cultural impact in Continental Europe – divided into a pre- and post-Uncle Tom’s Cabin phase – was lasting and diverse. This impact was twofold: it lay both in the depictions of the institution of slavery that the movement promoted (in a coordinated fashion) and in the way abolitionism itself came to serve as a venerated model.
Despite nearly two centuries of actively stylizing itself as above the partisan fray of banal politics, the US Supreme Court faces increasing scrutiny over its ideological nature, ethical lapses, and perceived disconnection from democratic accountability. This article explores potential reforms including ethics guidelines, public affairs offices, and term limits to enhance the Court’s legitimacy. It also examines trends in judicial decision making, the Court’s relationship with public opinion, and the influence of identity politics on judicial perceptions through an examination of the scholarship on the Court. The article concludes by emphasizing the need for ongoing research and methodological innovation to address these challenges and ensure the Court’s role in American democracy.
This chapter unpacks a critical moment in Salvadoran history: from the coup on October 15, 1979, to the start of the civil war and mass repression during the latter part of 1980. The coup installed a military–civilian junta (the Junta Revolucionaria de Gobierno or JRG) that included moderate leftists who promised a reformist solution to the economic, social, and political crisis, a solution that would prevent a looming civil war. These reforms included land reform, union rights, and an end to political repression. However, disjunction between revolutionary rhetoric and grassroots struggles and necessities impeded an alliance between the JRG and popular organizations. The JRG itself dissolved and re-formed as rightists pushed out representatives of the Left. This chapter discusses the factors that led up to the coup then summarizes the three successive JRGs and how sectors of the military and civil society responded to their reforms, setting the stage for the twelve-year civil war.
This introduction provides context for this special feature on night work across time and place. It outlines past debates over the propriety and necessity of night shifts, as well as present and future challenges and opportunities for night workers, activists, and researchers.
Percy Shelley was a poet of fiery politics who recognised the power of language to surprise and even shock. Across three centuries and around the globe, politicians and activists have turned to Shelley’s poetry for help furthering their political causes. With specific attention to poems like ‘The Mask of Anarchy’, ‘Song to the Men of England’, ‘England in 1819’, and ‘Ode to the West Wind’, as well as to critical prose pieces like ‘A Philosophical View of Reform’ and ‘A Defence of Poetry’, this chapter situates Shelley’s views on revolution and reform in their historical context and takes some tentative steps towards exploring why Shelley’s poems have so frequently been put to political purpose.
This chapter addresses the relationship between Shelley’s epic theory and practice with reference notably to Laon and Cythna and “A Defence of Poetry”, as well as Queen Mab and Prometheus Unbound. The essay shows how Laon and Cythna breaks with epic tradition – and exceeds Shelley’s own theoretical account of the genre – in finding creative solutions to the problem of how to link past, present, and future, as well as the local and the universal, without didacticism or what Shelley in the ‘Defence’ calls the ‘gross’ sense of prophecy: a foretelling of the future. I contend that Shelley’s epic poetry does not seek to recuperate past moments of social coherence to guide and unify the present or predict the future so much as to leave space for not knowing what will come. Shelley’s experimental epics regard a hopeful uncertainty as, paradoxically, the only certain means of reform.
This chapter takes the example of the International Criminal Court’s ‘Independent Expert Review’ (IER) of 2020 to reflect on the theory and practice of expert reform work. Taking actor-network theory’s prompt that systems – like international organisations – are neither static nor fixed, but ‘in a perpetual state of forming and reforming’, I read reform neither as rational science nor as a mere reproduction of hegemony, but as the expert reassembly of the ICC’s context, problems, resources, and priorities. In the IER example, the expert work of reform and reassembly effected nothing less than the recalibration of the relationship between the Court and its states parties. Through their work, experts knit together ideas of autonomy and accountability, their training, investigatory processes, documents, and resource and time constraints to centre the efficiency concerns of wealthy states parties in the judicial and prosecutorial function. In this way, expert reform work illustrates the power of expert articulation by putting abstract expectations, ideas, ‘realities’, constraints, and materials into organisational action in deeply distributive ways.
This and the following chapter look at how infusing corruption into areas of human-rights related practice could make a difference. Here I consider transitions from dictatorship or internal armed conflict, and in particular how transitional justice has dealt with corruption. I focus on 3 emblematic transitions from different recent time periods: South Africa, Tunisia and Colombia, and add in some lessons from prior discussion of Guatemala. I find that failure to vet and control military intelligence officers, economic privatization and decentralization, and lack of attention to judicial selection and to auditing, tax and other controls contribute to the emergence of powerful alliances of corrupt officials, organized crime and predatory elites.
The United States, despite its generally favorable rankings on international indices, has significant corruption problems. Those issues cannot be ignored, but neither should they be exaggerated or oversimplified. American corruption is not any one single problem: contrasts are apparent among the states, across regions, and at different levels of the federal system. Some are illegal, but other types are legal – or not clearly against the law. While corruption is a significant issue in the context of law enforcement, race relations, environmental policy, and public health, its sources, consequences, and context differ from one sector to the next. Inequalities along racial and class lines add further complexities and significantly affect the prospects of reform. Checking corruption and dealing with its consequences will be a matter not only of enacting and enforcing sound laws but of how well we govern ourselves within a large, complicated, multi-level, but fundamentally democratic constitutional framework.
This chapter summarizes the findings of the book, indicates future directions, and provides a list of high-level considerations for reformist governments seeking to regulate automated decision-making.
Observing judges in action in the Florence, Tel-Aviv, and London first-instance courts, we find that settlement-related transplants that could be interpreted as broadening the judicial role and providing meaningful modes of dispute resolution for disputants in fact often constrict the judicial role, causing both the courtroom and court-related ADR processes to become forums for efficiency-based negotiation. In England, the disintegration of the judicial role is most apparent, as the promotion of settlement has led to obligatory measures preceding the filing of a claim, leaving judges only a marginal percentage of disputes to deal with. We show that the three observed legal systems may be viewed in general terms as presenting three sequential stages of the judicial role, with a possible trend toward disintegration. In addition, the legal systems may offer three transitional views of the tension between efficiency and justice and the way it unfolds. The research provides insights on the role of legal transplants and the impetus for their transformation, and the ways they affect and are affected by the surrounding legal culture.
How corrupt is the United States of America? While the US presents itself as an exemplar of democratic government and politics, many citizens see it as highly corrupt. In this book, Oguzhan Dincer and Michael Johnston explore corruption across a range of policy areas in all fifty states using two major forms of corruption – legal and illegal – via three proxy measures of corruption. They not only estimate the pervasiveness of such corruption in each state, but also compare and contrast their causes, consequences, and implications for contemporary issues including racial inequities, public health policy, and the environment, while also highlighting issues of citizen participation and trust in political processes. The book presents no reform toolkits or quick fixes for American corruption problems, but frames key challenges of institutional change and democratic political revival that can be used in the struggle to build a more just, and better-governed, society.
A full trial has become an uncommon phenomenon in many legal systems, replaced largely by promotion of settlement and plea-bargaining. This book uncovers today's judicial role in this radically changed legal setting using multiple methods. Over five years, researchers analyzed court dockets, studied judges in action, and conducted interviews with judges and lawyers. This book, which spans several legal cultures, follows in the footsteps of the 'vanishing trial phenomenon', probing its existence beyond common law systems. In doing so, it provides insights into the changing judicial role and the metamorphosis of legal systems. Offering a new perspective on possible futures of legal systems, including the use of artificial intelligence, the authors provide a rich context for legal scholars and policymakers to redesign the architecture of conflicts. Moreover, they introduce new jurisprudential perspectives on the relationship between law and conflict resolution, with an emphasis on the judicial role.
Archdeacon Hildebrand, who became Pope Gregory VII (r. 1073–85), is associated with a radical and swift change in the Roman Church. The vision of a Christendom jointly administered by emperor and clergy, the famous model advanced by Pope Gelasius II (r. 492–96), was transformed into a new order where regnum and sacerdotium occupied separate stacked spheres, with the spiritual claiming superiority. Unlike tenth-century reform movements, the later eleventh-century Roman reforms centered on the papacy. Popes assembled a curia featuring more professional officials, legates, councils, and other technologies of power. The reformed Church cultivated trained lawyers and sympathetic lay leaders. It has been credited with launching a legal “big bang,” the invention of propaganda, the creation of a semi-institutionalized public sphere, and the formation of a persecuting society. Closer examination of institutional changes helps reveal the achievements and limits of this “new world order.”