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Having opportunities to make decisions and choices regarding one's life is crucial when living with dementia. This inter-disciplinary study draws on the concept of relational autonomy to explore how working-age people living dementia seek to influence their lives, and what makes it easier or more difficult for them in their everyday life. The data consist of three focus group discussions conducted with 12 retired adults who developed dementia while still employed. The results illuminate various resources that enable a person to (a) handle their difficulties at work and related consequences with dignity, (b) manage everyday tasks and live a fulfilling life, and (c) fight the stigma associated with (working-age) dementia. Challenges related to these aspects reported by the participants reveal gaps and obstacles that impede the full realisation of the rights of people living with early onset dementia. This research highlights the need for workplace education for different stakeholders, equal and ongoing access to guidance and counselling for younger people who live with dementia, and an effort by society as a whole to eradicate stigma.
While research on women's substantive representation in legislatures has proliferated, our knowledge of gender lobbying mechanisms in authoritarian regimes remains limited. Adopting a state-society interaction approach, this article addresses how women's interests are substantively represented in China despite the absence of an electoral mandate and the omnipresence of state power. Drawing on extensive fieldwork, this article maps out the intertwining of key political agents and institutions within and outside the state that mobilize for women's grievances and demands. We find that representation of women's interests in China requires the emergence of a unified societal demand followed by a coalition of state agency allies navigating within legislative, executive, and Party-affiliated institutional bodies. The pursuit of women's interests is also politically bounded and faces strong repression if the lobbying lacks state alliances or the targeted issue is considered “politically sensitive” by the government.
The purpose of this study is to show how the Japanese government has created laws with harsher punishment since the 1990s. While a tendency toward harsher punishment is common in advanced Western countries, a similar tendency in Japan has prompted scholarly discussion on whether it can be understood through the “penal-populism” framework. However, it lacks in systematic evidence. This study presents three findings that differ from previous studies through a quantitative analysis of legislation with harsher punishment. First, while previous literature argues that the legislation increased in the latter half of the 1990s, this study shows that it peaked in the middle of the 2000s. Second, while previous literature argues that the bureaucrats of the Ministry of Justice promote the legislation, this study shows that it is caused by every ministry’s drafting Bills. Third, this study shows that it does not quantitatively avoid partisan conflicts, contrary to the prediction of the “penal-populism” theory.
Memory laws are often accused of enforcing an inaccurate, manipulative or populist view of history. Some are also said to violate fundamental rights, in particular the right to free speech. These accusations are not entirely unjustified. Yet, a discussion of memory legislation that concentrates on these faults might be missing its mark. The main problem with memory legislation is not necessarily with the merits of any particular law. Rather, the determination of historical facts is not the kind of matter that should be entrusted to the legislator in the first place. The role of legislation is to make social cooperation possible despite substantial disagreement, but only when such social cooperation is indeed required. Disputes about historical facts, I argue, are not a coordination problem that requires a legislative solution. Still less can they justify legal coercion.
This chapter sets the social and ecclesiastical scene. It introduces the place of ecclesiastical law in the law of England. It explores the changing place of the Church of England in the life of the nation from the early nineteenth century, the role of the universities in educating future clergy and the significant place of the bishops in political as well as pastoral and spiritual leadership. It describes the need for more churches as the Industrial Revolution took a growing proportion of the population from the country into the towns. It introduces the challenge of the Dissenters with their rival chapels and the complexities of applying ecclesiastical law when there were controversies.
This chapter discusses a series of high-profile cases in which significant disputes arose involving the application of ecclesiastical law. It begins with Parliament’s debates on its role and authority in this area as it attempted more than once to frame legislation for clergy discipline and the discussions in Convocation. It considers the Gompertz case, raising questions about the role of the bishop; the contrasting churchmanships of Evangelicals and Tractarians; and the controversy about biblical interpretation prompted by the publication of Essays and Reviews. The case of James Shore tested the law on the effect of a clergyman’s finding his opinions had changed to such an extent that he was no longer a member of the Church of England, while still effectively retaining his Anglican priesthood. The chapter also covers the cases of William Bennett and the ‘real presence’, and George Denison’s lengthy dispute with the Bishop of Exeter on the effect of baptism. It ends with the case of Alexander Mackonochie and controversy over the regulation of public worship.
This chapter explores the history and extent of the jurisdiction of Parliament over the ecclesiastical law of the Church of England and the role of bishops sitting as members of the House of Lords, some of them prominent and controversial. Among the ecclesiastical lawyers were several who served as Members of Parliament. The nineteenth century saw the revival of Convocation, the Church’s own Parliament, and the chapter follows it in its efforts to re-establish itself. The Church owned a great deal of property, and lay property holders had opportunities to exploit their rights to the gift of clerical livings. There were accusations of simony. In both contexts there were property disputes. All this sharpened the long-standing question of the relationship between temporalities which were the proper business of secular law and the spiritualities which were not.
This article explores the impact of the COVID-19 pandemic on vulnerable people in South Africa in the specific context of poverty and inequality. It does so by first looking at the conceptual context and then highlighting the extent of the impact both from a constitutional and human rights context and from a legislative context. It uses the poor and vulnerable as a proxy to explore the impact of the pandemic (and the measures put in place to contain it) on the specific constitutional rights of vulnerable people, before suggesting a human rights-based approach to managing the pandemic. It concludes that, despite the South African government having undertaken some of the actions recommended, there remains room for improvement and scope for further research, as the pandemic is expected to continue for some time.
Throughout the nineteenth century the relationship between the State and the Established Church of England engaged Parliament, the Church, the courts and – to an increasing degree – the people. During this period, the spectre of Disestablishment periodically loomed over these debates, in the cause – as Trollope put it – of 'the renewal of inquiry as to the connection which exists between the Crown and the Mitre'. As our own twenty-first century gathers pace, Disestablishment has still not materialised: though a very different kind of dynamic between Church and State has anyway come into being in England. Professor Evans here tells the stories of the controversies which have made such change possible – including the revival of Convocation, the Church's own parliament – as well as the many memorable characters involved. The author's lively narrative includes much valuable material about key areas of ecclesiastical law that is of relevance to the future Church of England.
The Introduction to Morality as Legislation: Rules and Consequences explains the difference between a situated perspective where a person asks which act should be performed in a particular instance and a legislative perspective where one asks what rule should apply to a whole class of people in given circumstances. The legislative perspective seems to have advantages in terms of coming to more plausible moral conclusions but does not fit neatly into either consequentialist or Kantian categories as it uses consequentialist considerations to select among possible rules while being unable to explain why the question “which rule?” is the relevant question on purely consequentialist grounds. The Introduction describes four different dimensions along which conceptions of the legislative perspective can vary and two contextual dimensions as to where it is employed: political and nonpolitical contexts and legislative and nonlegislative contexts. The Introduction clarifies the goals of the book and provides summaries of the following chapters.
In Grotius, Cumberland, and Locke we see the basic elements of the theological version of morality as legislation. Grotius used a framework of evaluating the consequences of different possible rules for fallible, biased people as a way of determining what ought to be done. Cumberland provided a theory of right in which all the content of all divine laws could be traced back to one divine attribute, benevolence. Locke, while less systematically consequentialist than Cumberland, had a hedonistic theory of the good, an account of God that also emphasized benevolence, and (most interestingly) a willingness to press very hard on the legislative metaphor in order to establish the correct content of natural law when it was in dispute. Locke imagines God as a legislator using precisely the structure of rationality that a human legislator would use in contemplating which law to pass, including problems of biased and fallible execution of the law. Locke’s use is clearly counterfactual. It is probably not a coincidence that both Locke and Cumberland were strong supporters of new scientific theories that sought to understand nature by means of natural laws.
Chapter 3 examines the decisive break between religious and secular utilitarianism in the thought of William Paley and Jeremy Bentham. Paley, the better known and more widely respected thinker of the two at the time, is in many ways the paradigm case of the theological version of morality as legislation. Paley, like Locke, used human legislative deliberation as a paradigm of rationality for thinking about the content of the divine law. Bentham’s project must be understood in part as motivated by a desire to reject the theological assumptions of theories like Paley’s that stood in the way of radical reform. It also encouraged a reframing of moral expression as a kind of legislative act. Bentham saw reputational sanctions as one substitute for religious motives for moral action, but this also required a perspectival shift towards a legislative approach when making moral statements.
This chapter looks at Plato’s take on the nomos-phusis antithesis in his Laws. He argues that the goal of the Laws, of legislating in accordance with nature, should be distinguished from the much-studied idea of 'natural law' in two ways. First, in the relevant parts of the Laws, the focus is primarily the right way to conduct an activity, legislation, rather than its product (laws or law). Secondly, the Laws draws a comparison with other specialised or technical activities that can be performed well or badly, such as medicine or building. Legislation is natural, among other things, when it is undertaken in a certain ‘natural’ order, from the starting point of life to death. This order ensures that no stage of life is ignored during the legislative process and thus guarantees its comprehensiveness. Plato’s comparison between the legislator and other craftsmen presents a view of natural procedure within an art or profession: the craftsman is not subjected to constraints that are external to the subject matter and he is able to give full attention to the objectives and questions that belong to his craft. Finally, the legislation considered here is ‘natural’ without being underpinned by theology.
In the time period from Berkeley to David Hume the architect and spectator metaphors were in competition with the legislative metaphor. Shaftesbury emphasized the architect metaphor where one assumes that God, the divine architect, has so designed human beings that we know what is right without relying upon the legislative paradigm. Human beings are endowed with a moral sense by the divine architect. Francis Hutcheson tried to synthesize the legislator and architect metaphors while adding that of the spectator. The perspective of the impartial spectator helps us determine what is right, avoiding personal bias or acting out of self-interest. Hume’s skepticism about the existence of divinely implanted moral sense led him to explain our sense of justice through a secular version of the spectator metaphor. Hume was very aware of the basic dilemma that adhering to the rules of justice in particular cases did not always produce the most good but that it was nonetheless important that people obey the rules of justice even in those cases. Hume sought to demonstrate what motivates people to act on rules that would be approved from the legislative perspective without recourse to divine intervention.
'What would happen if everyone acted that way?' This question is often used in everyday moral assessments, but it has a paradoxical quality: it draws not only on Kantian ideas of a universal moral law but also on consequentialist claims that what is right depends on the outcome. In this book, Alex Tuckness examines how the question came to be seen as paradoxical, tracing its history from the theistic approaches of the seventeenth century to the secular accounts of the present. Tuckness shows that the earlier interpretations were hybrid theories that included both consequentialist and non-consequentialist elements, and argues that contemporary uses of this approach will likewise need to combine consequentialist and non-consequentialist commitments.
In the Gorgias, Socrates famously declares that he is alone among contemporary Athenians in taking up the “true craft of politics.” But the claim is extremely puzzling, since Socrates also claims to be ignorant and lacking in any significant wisdom of any kind. Crafts, for Socrates, involve cognitive achievement. But Socrates declares that he has accomplished little of such achievement. Shows how the model of craft-knowledge can resolve this paradox by allowing Socrates to regard taking up the craft of politics as an attempt to improve his ability in achieving the goals of that craft: benefiting others. Shows how Plato’s early dialogues give abundant evidence of Socrates’ activities in both of what he characterizes as the branches of politics: legislation and correction.
Throughout the 1990s, there had been concern in the UK about the number of homicides carried out by people with severe mental health problems. The frequency of homicides was alleged to be increasing but analysis of official data showed the opposite; homicides had been reducing at the rate of 3 per cent per annum over many years. The Dangerous and Severe Personality Disorder (DSPD) legislation and richly funded associated ‘treatment’ programme were introduced in the late 1990s by the then Labour government and aimed at the use of a contrived psychiatric ‘diagnosis’ and ‘treatment’ to enhance public protection. The exact origin of the concept of the Dangerous and Severe Personality Disorder (DSPD) programme remains an enigma but Jack Straw, secretary of state for the Home Office, and his Department played the leading role. The programme started at HMP Whitemoor and Broadmoor Hospital in 2001 and subsequently extended to HMP Frankland in County Durham. The initial cost was £128 million, with operational costs amounting to £40 million per annum, and by 2010 had cost £480 million in total. The legislation and ‘treatment’ programme were vigorously opposed by the Mental Health Alliance.
Preventing a food allergy reaction depends primarily on eliminating allergens from the diet. In October 2019, the Saudi Food and Drug Authority (SFDA) introduced new legislation requiring food establishments providing and selling non-prepacked foods to state the presence of the top fourteen food allergens on their menus. The current study aimed to assess the allergen-labelling knowledge, practices, preferences and perceptions towards the new SFDA allergen-labelling legislation among consumers with food allergy in Saudi Arabia.
Observational cross-sectional study using an online questionnaire.
Saudi Arabia; February – March 2020.
Residents of Saudi Arabia with food allergy (n 427), aged 18–70 years.
Among participants, only 28·1 % knew that there were governmental regulations in Saudi Arabia regarding food-allergen labelling and approximately two-thirds (67 %) check labels on prepacked food products for allergens. The majority of the participants preferred food products carrying safety statements (84·1 %) and symbols (80·1 %). A total of 47·1 % were aware that regulations in Saudi Arabia require allergens to be declared in ingredient lists, while 51·3 % were aware that advisory allergen labelling is not required by law. Only 26·2 % were aware of the new SFDA legislation regarding provision of allergen information by food establishments. However, the majority (94·4 %) were supportive of the new legislation, and most of them were more likely to eat at restaurants that reported allergen information for food items on the menu.
The new SFDA food allergen-labelling legislation needs to be more widely and effectively disseminated to increase the level of awareness among adults with food allergy in Saudi Arabia.
Despite more than a decade of repeated recommendations by international human rights bodies to enact comprehensive antidiscrimination legislation, South Korea has not done so. This raises fundamental questions about the conditions under which international human rights mechanisms can affect domestic human rights legislation. This chapter argues that despite the apparent lack of legislative change, Korea’s movement for antidiscrimination legislation successfully brought the international human rights norms of equality and nondiscrimination into Korean society. South Korea has long been regarded as a homogeneous society in which assimilationist forces dominate policymaking and culture. Strong opposition to comprehensive antidiscrimination legislation from conservative Protestant groups paradoxically exposed Korean society’s prevalent but hidden intolerance of diversity, energizing the antidiscrimination movement and increasing the visibility of minorities. This process of “discovering” diversity has catalyzed significant changes in social norms and values, which constitute a critical step toward enacting comprehensive antidiscrimination legislation that embraces all forms of diversity.
Research on social networks has become a significant area of investigation in the social sciences, and social network concepts and tools are widely employed across many subfields within the field. This volume introduces political theorists and researchers to new theoretical, methodological, and substantive tools for extending political network research into new realms and revitalizing established domains. The authors synthesize new understandings of multimodal political networks, consisting of two or more types of social entities - voters, politicians, parties, events, organizations, nations - and the complex relations between them. They discuss ways to theorize about multimodal connections, methods for measuring and analyzing multimodal datasets, and how the results can reveal new insights into political structures and action. Several empirical applications demonstrate in great detail how multimodal analysts can detect and visualize political communities consisting of diverse social entities.