This is an Exception: Humanitarian Legal Expertise and its Role in Anti-Terrorist Policy

2008 ◽  
Author(s):  
Rene Uruena
Keyword(s):  
2008 ◽  
Vol 2 (2) ◽  
pp. 177-186
Author(s):  
Robin Wright

This article reviews the forthcoming issue of FIR containing an important collection of articles on the origins and developments of religious movements and, later, research movements focused on a powerful psychoactive beverage consisting of the mixture of certain vines (ayahuasca) and leaves (chacrona) found mainly in Western Amazonia. The religious interpretations resulting from the ritual ingestion of the beverage have produced the most varied practices and beliefs, beginning with the indigenous peoples and mestizo herbalists, then migrant rubber-tappers from northeastern Brazil; in the 1960s, urbanites from major cities in Brazil and Europe seeking alternative forms of religious inspiration; and, in the 1990s, a group of Brazilian researchers who have combined anthropological and religious understanding of the phenomena along with legal expertise for the protection of the religious freedom necessary for the religions’ developments. With the diversification and globalization of these new religious movements, the article points to new directions for field research in these religions.


Author(s):  
Cécile Guillaume

Abstract Based on in-depth qualitative research conducted in one of the major French trade unions (the CFDT), this article explores to what extent and under what conditions trade unions adopt different legal practices to further their members’ interests. In particular, it investigates how ‘legal framing’ has taken an increasingly pervasive place in trade union work, in increasingly decentralised industrial relations contexts, such as France. This article therefore argues that the use of the law has become a multifaceted and embedded repertoire of action for the CFDT in its attempt to consolidate its institutional power through various strategies, including collective redress and the use of legal expertise in collective bargaining and representation work.


2021 ◽  
pp. 174387212110066
Author(s):  
Edward Mussawir

This paper presents a response to the question of whether there is or should be a law and humanities canon. It is Franz Kafka’s The New Advocate (Der Neue Advokat). Between the lines of this text, a brief argument has been added concerning the use of the humanities for legal expertise. While the main text – a work of fiction – narrates the story of Dr Bucephalus, the war-horse of Alexander the Great, and his becoming admitted to practice as an advocate and to study the law, the added argument contributes little by way of additional commentary or interpretation of this fiction. Instead it suggests that legal scholars, rather than treating their art and expertise as a means only to advocate for public causes, should also not neglect the studious inutility of it. The suggestion states that jurisprudence is the source of this expertise and therefore, in so far as it ensures that law may be studied out of a genuine scholarly interest in it, remains the site for a work of law and the humanities. The main text concludes that it may be better to have done what Bucephalus has done and, under a quiet lamp, to bury oneself in the lawbooks.


1993 ◽  
Vol 3 (13) ◽  
pp. 103-107
Author(s):  
John Nurser

Although I have no legal expertise, I hope I may be able to pose some useful questions. In 1989, I and others founded a group called ‘Christianity and the Future of Europe’ in order to encourage Christians in Britain to reflect on the European Community. What difference will it make to the life of the British churches? What might the special historical experience of the British churches contribute to ‘the construction of Europe’?


Author(s):  
Joseph Harris

This chapter focuses our attention on an unexplained puzzle: how parts of the developing world transitioned from a moment characterized by exclusion from healthcare access (“aristocratic healthcare”) to an altogether different moment characterized by “health universalism.” Grounded in a study of Thailand, Brazil, and South Africa, it highlights the surprising role played by elites from esteemed professions who, rationally speaking, aren’t in need of healthcare or medicine themselves and who would otherwise seem to have little to gain from such policies. The chapter points to the relative success of these “professional movements” in expanding access to healthcare and AIDS treatment in Thailand and Brazil and their relative failure in South Africa. And it draws attention to the importance of holding privileged positions in the state and legal expertise in the respective policy domains during moments of heightened political competition.


Author(s):  
Alexander P. F. Ehlers ◽  
Christian Rybak ◽  
Astrid Wenke
Keyword(s):  

2016 ◽  
Vol 27 (3) ◽  
pp. 379-397 ◽  
Author(s):  
Yongkyun Chung ◽  
Hong-Youl Ha

Purpose The purpose of this paper is to identify the determinants of arbitrator acceptability and investigate whether the perceived costs of arbitration moderate the relationship between arbitrator acceptability and arbitrator characteristics in international commercial arbitration. Design/methodology/approach A two-stage analytic process is used to test the dimensionality, reliability and validity of each construct and then the proposed hypotheses. Findings The findings show that the five constructs of arbitrator characteristics – reputation, practical expertise, legal expertise, experience and procedural justice – statistically significantly explain arbitrator acceptability. Moreover, perceived cost of arbitration moderates the relationship between arbitrator acceptability and arbitrator characteristics. However, the moderating effect of perceived costs of arbitration is not equal across characteristics. Research limitations/implications Knowledge regarding potential moderators of the strength of the indicators of arbitrator acceptability will be useful to future researchers in determining which variables to study in arbitrator selection research. Practical implications Useful guidelines in the selection of an international arbitrator are proposed. Originality/value This study contributes to arbitrator acceptability literature through the suggestion of a hypothesized model of arbitrator acceptability with auxiliary hypothesis of reputation in international contexts. In addition, this study investigates the moderating role of perceived cost of arbitration on the relationship between arbitrator acceptability and arbitrator characteristics.


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