Social and Behavioral Sciences Commons^™

Theorising Political Legitimisation: From Stasis To Processes, Paddy Dolan, Stephen Vertigans, John Connolly

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Legitimacy remains a key concept in political sociology, and perhaps even more so in lay understandings of political processes and structures, as evidenced by conflict over territories and regimes around the world. However, the concept suffers from a rather static representation, and even when addressed in processual form, in terms of specific moments in the process, such as conditions favouring legitimacy or its effects. Building from an Eliasian perspective, we argue for a more processual concept of legitimisation to encompass the dynamic social networks (figurations) that constitute the more unintentional context for deliberate legitimation claims. As networks expand and intensify, …

The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake

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The scope and pace of legislative activity targeting transgender individuals is nothing short of a gender panic. From restrictions on medical care to the regulation of library books and the use of pronouns in schools, attacks on the transgender community have reached crisis proportions. A growing number of families with transgender children are being forced to leave their states of residence to keep their children healthy and their families safe and intact. The breadth and pace of these developments is striking. Although the anti-transgender backlash now extends broadly into health and family governance, sport was one of the first settings—the …

Sovereignty Before Law, Salmoli Choudhuri, Moiz Tundawala

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Book review: Violent Fraternity: Indian Political Thought in the Global Age, by Shruti Kapila, Princeton, Princeton University Press, 2021, 328 pp., $37.00/£30.00, ISBN 9780691195223

What’S Law Got To Do With It? How The Degree Of Legalization Affects The Durability Of Post-Conflict Autonomy Agreements, Felix Schulte, Gene Carolan

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Research has identified several factors that impact the sustainability of post-conflict territorial autonomy arrangements (TAA), including previous levels of violence, economic development in a given territory, or the strategic importance thereof. We argue that a hitherto neglected variable lies in the legal form of the autonomy agreement – that is, the degree to which it has been ‘legalized’ by the language and processes prescribed in the agreement. Based on a qualitative evaluation, we assess the legalization degree of 236 TAA signed between 1990 and 2019. Survival analyses and Cox regression models show that a higher degree of legalization has a …

From Constructive Ambiguities To Structural Contradictions: The Twilight Of The Good Friday Agreement, Chris O'Ralaigh

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The Good Friday Agreement contained a series of constructive ambiguities which were critical to ensuring that it received broad cross-political support. These ambiguities were reflective of the balance of political power of the time. Once institutionalized, they contained an immanent potential to morph in to structural contradictions as the re-balancing of demographic and political power in Ireland moved from latent to manifest status. As the Agreement reaches its 25th anniversary, three outstanding structural contradictions are manifesting, prompted by Brexit and the re-introduction of the ‘Irish question’ in to Irish-British relations. The constitutional status of the North of Ireland, the raison …

Title Ix's Trans Panic, Deborah L. Brake

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Sport is an agent of social change, but that change does not always track in a progressive direction. Sport can be a site for contesting and reversing the gains of progressive social movements as much as furthering the values of equality and justice for historically marginalized groups. This dynamic of contestation and reversal is now playing out in a new wave of anti-transgender backlash that has gained adherents among some proponents of equal athletic opportunities for girls and women. In this latest twist in the debate over who deserves the opportunity to compete, the sex-separate athletic programming permitted by Title …

The International Legal Order And The Rule Of Law, Vivian Grosswald Curran

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This article addresses whether international law today is capable of instituting the rule of law. It offers a renewed look at the internationalists who brought us modern international law, such as Lauterpacht, Cassin and Lemkin. They tenaciously worked at placing the individual’s right to life and to human dignity front and center in international law while also preserving peace among states. Their struggle began in earnest first in the interwar years after the “war to end all wars” (1918 – 1939), and then again in 1945 after yet another, still worse, world war had occurred, devastating Europe, but leaving the …

Book Review: Christophe Jaffrelot, 2021. Modi’S India: Hindu Nationalism And The Rise Of Ethnic Democracy. Translated By Cynthia Schoch, Aniket Nandan

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Book review: Christophe Jaffrelot, 2021. Modi’s India: Hindu Nationalism and the Rise of Ethnic Democracy. Translated by Cynthia Schoch

Re-Thinking The Coronavirus Pandemic As A Policy Punctuation: Covid-19 As A Path-Clearing Policy Accelerator, John Hogan, Michael Patrick Howlett, Mary P. Murphy

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This article joins with others in this special issue to examine the evolution of our understanding of how the coronavirus disease (COVID)-19 pandemic impacted policy ideas and routines across a wide variety of sectors of government activity. Did policy ideas and routines transform as a result of the pandemic or were they merely a continuation of the status quo ante? If they did transform, are the transformations temporary in nature or likely to lead to significant, deep and permanent reform to existing policy paths and trajectories? As this article sets out, the literature on policy punctuations has evolved and helps …

Vaccine Diplomacy Game: The Race For Soft Power, Isaac Antwi-Boasiako

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This article examines the motivations and dynamics of the donors and suppliers of the covid-19 vaccines to the global south countries in the context of public diplomacy to wield soft power. Thus, it investigates how the West and East use the vaccines as a public diplomacy tool to influence public opinion in other nations or continents in order to either enhance their global image and reputation or exert some form of international influence or have new allies. The article argues that covid-19 vaccines are a soft power asset; therefore, the manufacturing nations may use them to shape their target foreign …

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

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Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does not have …

Possibilidades De Uma História Pragmática Do Político, William J. Novak, Stephen W. Sawyer

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This essay is an initial attempt to posit a method which has slowly taken shape through our individual and collaborative investigations into the history of democracy in the United States and France. Our overall approach builds on a number of diverse methodological influences, but in this particular essay we highlight just two of the most influential precedents for our work: first, the pragmatic-hermeneutical approach most explicitly outlined by James T. Kloppenberg in his “Thinking Historically : A Manifesto of Pragmatic Hermeneutics” and second, Pierre Rosanvallon's methodological essays on the theme of “Une histoire conceptuelle du politique,” ​​which he launched with …

Statebuilding In The Peace Agreements Of Sudan And South Sudan, Gene Carolan

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This article presents a retrospective analysis of the principal peace agreements to emanate from the North–South conflict in Sudan and the civil war in South Sudan. In doing so, it argues that statebuilding practices dating back to the inception of the Sudanese state continue to inform and undermine contemporary efforts to resolve the conflicts in both countries. The article makes a unique contribution by linking the legacy of peace agreements in Sudan and South Sudan to the crises of governance that plague both countries today. In doing so, it seeks to further the discussion on statebuilding as part of a …

Social Mobilization In Partisan Spaces, Florian Foos, Peter John, Christian Muller, Kevin Cunningham

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Three decades ago Huckfeldt and Sprague hypothesised that partisan context constrains information sharing between neighbours. We develop their theory to identify implications for campaign mobilisation in homogeneous and mixed-partisan contexts. We argue that GOTV spillover effects should vary with the proportion of rival party supporters in a neighbourhood. Based on two samples of households that were either included or excluded pre-random assignment from a street-level GOTV experiment, we test this expectation of differential spillover effects. We estimate neighbourhood party preferences based on targeting data made available by the UK Labour Party. We find that spillover effects on party supporters are …

Lawyers For White People?, Jessie Allen

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This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of law, the rule carried a strange exemption: it does not apply to lawyers’ acceptance or rejection of clients. The exemption for client selection seems wrong. It contradicts the common understanding that in the U.S. today businesses may not refuse service on discriminatory grounds. It sends a message that lawyers enjoy a professional prerogative to discriminate against …

The Vulnerable Sovereign, Ronald A. Brand

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The connection between sovereignty and law is fundamental for both domestic (internal sovereignty) and the international (external sovereignty) purposes. As the dominant forms of government have evolved over time, so has the way in which we think about sovereignty. Consideration of the historical evolution of the concept of sovereignty offers insight into how we think of sovereignty today. A term that was born to represent the relationship between the governor and the governed has become a term that is used to represent the relationships between and among states in the global legal order. This article traces the history of the …

Creating North Carolina Populism, 1900–1960: Part 2: The Progressive Era Legacy, 1930–1960, James L. Hunt

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Between 1900 and 1930, North Carolina’s first generation of professional historians constructed scholarly accounts of Tar Heel Populism. These pioneers offered a version of the recent past that supported white supremacy and the current Progressive Era political leadership. They agreed Populism’s destruction had been desirable. University-based historians opposed the Populist Party’s support for significant changes to tax policy, broad-based democracy, and radical forms of corporate regulation, especially of railroads, banks, and monopolies. The key figures included J. G. de Roulhac Hamilton, Simeon A. DeLapp, Florence E. Smith, and John D. Hicks. Most earned Ph.D. degrees in history from northern universities, …

Creating North Carolina Populism, 1900-1960, Part 1: The Progressive Era Project, 1900-1930, James L. Hunt

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In his preface to Origins of the New South, 1877–1913 (1951), C. Vann Woodward quoted historian Arnold J. Toynbee’s boyish celebration of the British Empire. On the occasion of Queen Victoria’s Diamond Jubilee, Toynbee thought, “Well, we are top of the world, and we have arrived at this peak to stay there—forever! There is, of course, a thing called history, but history is something unpleasant that happens to other people.” As for American history, Toynbee thought a New Yorker would have felt the same way. But “if I had been a small boy in 1897 in the Southern part of …

Sport Diplomacy And Uk Soft Power: The Case Of Mount Everest, Richard Woodward

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Sport is widely acknowledged as an important contributor to the United Kingdom’s soft power resources. This article aims to broaden and deepen our understanding of sport and soft power in the United Kingdom through a case study of British expeditions to, and the eventual conquest of, Mount Everest. Based on original archival research, the article demonstrates that British state institutions intervened systematically and strategically to expedite, and massage the story of, the ascent of Everest to burnish British prestige and present a favourable image to the world. In doing so, the article provides evidence that sport has been intrinsic to …

International Law And Political Philosophy: Uncovering New Linkages, Steven R. Ratner

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The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each …

Using Cognitive Mapping To Longitudinally Examine Political Brand Associations, Ewan Macdonald, Roger Sherlock, John Hogan

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This paper uses cognitive mapping techniques to understand how brand associations, an important aspect of political brand equity are formed, differ, and change, from the perspective of citizens, across the four largest Irish political parties between 2013 and 2016. The paper focuses in particular upon the strength, favourability and uniqueness of these brand associations. The results constitute a first attempt to longitudinally explore changing political brand associations through cognitive mapping techniques, using data generated with the participation of hundreds of citizens. Our findings suggest that this approach can contribute to our understanding of how and why political brand associations change …

The Critical Juncture Concept’S Evolving Capacity To Explain Policy Change, John Hogan

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This article examines the evolution of our understanding of the critical junctures concept. The concept finds its origins in historical intuitionalism, being employed in the context of path dependence to account for sudden and jarring institutional or policy changes. We argue that the concept and the literature surrounding it—now incorporating ideas, discourse, and agency—have gradually become more comprehensive and nuanced as historical institutionalism was followed by ideational historical institutionalism and constructivist and discursive institutionalism. The prime position of contingency has been supplanted by the role of ideas and agency in explaining critical junctures and other instances of less than transformative …

Using Drawings To Understand Perceptions Of Civic Engagement Across Disciplines: ‘Seeing Is Understanding’, Sharon Feeney, John Hogan

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In this article, we wish to investigate if disciplinary differences exist among students when considering the topic of civic engagement. We use freehand drawing to create a learning environment in the classroom wherein students can seek to develop meaningful associations with civic engagement. The drawings examined here, produced by three different class groups, provide insights into how young adults perceive their society and their place in it, and thus communicate their understanding of civic engagement. Freehand drawing, in bypassing cognitive verbal processing routes, leads students to produce clearer and more holistic images. It allows them to put into visuals a …

The Cisg: Applicable Law And Applicable Forums, Ronald A. Brand

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Despite being in effect for over thirty years, a debate continues on whether the United Nations Convention on Contracts for the International Sale of Goods (CISG) has been a success. With 89 Contracting States, it clearly is widely accepted. At the same time, empirical studies show that private parties regularly opt out of its application. It has served as a model for domestic sales law, and as an important educational tool. But has it been a success? In this article I consider that question, and suggests that the scorecard is not yet complete; and that it will perhaps take significantly …

Online Dispute Resolution, Ronald A. Brand

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This chapter was prepared from a presentation given by the author at the 2019 Summer School in Transnational Commercial Law & Technology, jointly sponsored by the University of Verona School of Law and the Center for International Legal Education (CILE) of the University of Pittsburgh School of Law. In the paper, I review online dispute resolution (ODR) by considering the following five questions, which I believe help to develop a better understanding of both the concept and the legal framework surrounding it:

A. What is ODR?

B. Who does ODR?

C. What is the legal framework for ODR?

D. What …

From Maggie To May: Forty Years Of (De)Industrial Strategy, James Silverwood, Richard Woodward

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Upon becoming Prime Minister, Theresa May installed industrial strategy as one of the principal planks of her economic policy. May's embrace of industrial strategy, with its tacit acceptance of a positive role for the state in steering and coordinating economic activity, initially appears to be a decisive break with an era dating back to Margaret Thatcher, in which government intervention was regarded as heresy. Whilst there are doubtless novel features, this article argues that continuity is the overriding theme of May's industrial strategy. First, despite the reluctance to confess it, like every UK government over the past forty years, May …

The Self And Other: Portraying Israeli And Palestinian Identities On Twitter, Jason Deegan, John Hogan, Sharon Feeney, Brendan Orourke

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The conflict between Israel and Palestine has lasted over half a century, with both sides enduring military and political turmoil. This paper explores how Twitter is being used as a medium to portray identities in the conflict. We examine the tweets contained in the @IDFspokesperson and @ISMPalestine Twitter accounts between late 2015 and early 2016. Using textual analysis, we gain an insight into how these Twitter accounts, defined by the conflict, are used in portraying the self and the other.

Contesting Early Childhood Professional Identities: A Cross-National Discussion, Sonja Arndt, Mathias Urban, Colette Murray, Kylie Smith, Beth Swadener, Tomas Ellegaard

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In this collective article, the authors explore constructions of early childhood practitioners and how they disconnect and reconnect in a global neo-liberal education policy context. The contributions to the conversation provide windows into shifting professional identities across five national contexts: New Zealand, the USA, Ireland, Australia and Denmark. The authors ask who benefits from the notion of distinct professional identities, linked to early childhood education as locally and culturally embedded practice. They conceptualize teachers’ shifting subjectivities, drawing on Kristeva’s philosophical conception of identity as constantly in construction, open and evolving. Arguments for the urgency to counter the global uniformity machine, …

The Ins And Outs Of Advocacy, Stacy Etheredge

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No abstract provided.

Uk Governance: From Overloading To Freeloading, Richard Woodward

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The UK's ongoing political turbulence has prompted a reprise of debates from the 1970s when many concluded the country was ungovernable. Then, the most influential diagnosis conceptualised the UK's governance problem as one of ‘overloading’ caused by the electorate's excessive expectations. This article argues that these accounts overlooked another phenomenon besieging UK governance during this period. This phenomenon was freeloading: the withering of government capacity deriving from the ability of actors to enjoy the benefits of citizenship without altogether contributing to the cost. In the interim, these problems have become endemic, not least because of the unspoken but discernible policy …