THE ECONOMIC ROOTS OF THE AMERICAN “ZIGZAG”: KNIVES,FORKS, AND BRITISH MERCANTILISM

Relative prices that prevail at critical times can shape culture in precise ways. Building on the work of the renowned archeologist James Deetz, this essay argues that the difference between Europeans’ and Americans’ use of knives and forks at the dinner table is an artifact of British mercantilism, which inflated the price of tableware in the American colonies and preserved the table fork as a colonial luxury long after it was an ordinary utensil in England. Pressures of conformity at the table have locked in these manners, which persist as an enduring effect of the British Navigation Acts. (JEL A10, D02, F13, N00)     

The Centrality of the ‘Family Dispute Resolution’ Process to the Separating Family,the Community and the Administration of Justice

The International Convention on the Rights of the Child sees family as the fundamental unit of society and aims to ensure that children grow up in ‘an atmosphere of happiness, love and understanding.’ Incorporated as an object of the Family Law Act 1975, the Convention guides the outcomes and informs the way that the Family Law Act should be interpreted and applied. Wherever possible, adherence to the Convention requires not litigation, adversarial contest, and determinative processes, but facilitative dispute management and dispute resolution processes. This is because ‘happiness, love and understanding’ can only be provided by parents and by families themselves – not by a court. In this address I examine the extent to which the family law system supports facilitative processes in general and family dispute resolution (FDR) in particular. I consider the tensions between legal processes and self‐determination and outline a series of benefits that derive from the default use of FDR processes.     

The use of bodies. Agamben’s idea of a non-capitalist form of life

Abstract

With the notion of the form-of-life as a counter-figure to the notion of bare life, Agamben seems to invite us to place at the center of a critical theory of capitalism a reflection on bios. To envisage a form of emancipation that unfolds against bare life suggests, at first glance, another relation to the living body. Such a gesture seems to be inspired by the desire to think a natural life that would also be a politically qualified life. The idea with which Agamben closes the Homo Sacer series, namely that of a use of bodies, also gestures in this direction. In this paper I show how the categories of bare life and of the use of bodies fail to live up to their promise, before demonstrating in what sense the idea of a subtraction of law as a political project which subsumes all others ends up weakening the critical potential of the idea of a form-of-life that is to be realised against the force of production of bare lives.     

The Failed Patient Self-Determination Act and Policy Alternatives for the Right to Die

ABSTRACT

The empirical evidence regarding the implementation and impact of the federal Patient Self-Determination Act is examined in this article. The Act was designed to increase the use of advance medical directives in light of the U.S. Supreme Court's Cruzan decision. Research shows that the law has had little effect and that the use of advance directives has scant relation to medical treatment and care. Various policy alternatives for the right to die are also examined. The authors conclude with an analysis of the likely impact of medical costs, fruitless treatment, and rationed health care on limiting life-prolonging treatment.     

Edward Gibbon Wakefield,England and 'ignorant,dirty, unsocial, . . . restless,more than half-savage' America

Abstract

Edward Gibbon Wakefield is usually credited with devising a new, 'rational' system of colonization, propounded in a series of books and articles between 1829 and 1837. Certainly, this is what his contemporary champions would have us believe but, rather than identifying what he propounds as an entirely new way of understanding colonization, it is more correct to characterize Wakefield's system as a careful decoction of existing ideas, practices and proposals trailed in earlier 19th-century British writings on the Cape, Australia, Canada and America. Published in London in 1833 and New York in 1834, England and America consequently represented a particularly selective reading of contemporary British writings on America, a highly-coloured portrayal of the country designed to demonstrate how emigration and settlement was better not conducted, and a striking contrast to his own, idealized vision of how colonies should be peopled.     

Sexual Coercion,Verbal Aggression,and Condom Use Consistency Among College Students

Abstract

Objective: The relationship between condom use and 2 less visible categories of intimate partner violence (IPV), sexual coercion and verbal aggression, was examined among college students. Methods: In March 2007 a random cross-sectional sample of undergraduates from the southeast region of the United States was taken to collect information about sexual coercion and verbal aggression, in addition to condom use consistency. Alcohol use was also assessed. Results: Of the 142 participants, 31.7% reported being victims of sexual coercion, and 78% reported having verbally aggressive partners. Participants who reported experiencing sexual coercion in their relationship were significantly less likely to consistently use condoms. Additionally, alcohol use before or during episodes of verbal aggression was negatively associated with condom use. Alcohol use was also significantly associated with heightened incidents of coercion and aggression. Conclusions: Results indicate that among college students, the presence of sexual coercion adversely affects condom use, as does alcohol use.     

Perceived Justice and Reactions to Coercive Computers1

Sociology and justice theories indicate that coercive behavior creates a sense of injustice, but what if a computer is the proximal source of this coercion? I argue that people attribute justice to computers, but do so differently than to humans—people may perceive computers’ behavior as unjust, but not as unjust as the same behavior by humans. Likewise, individuals resist and retaliate against coercive behavior, but do so less if the coercer is a computer. These hypotheses are extended from justice studies in social exchange. Specifically, I expand on Molm et al.’s (1993) laboratory experiment of coercion in social exchange, adding a human versus computer identity condition. I conduct a laboratory experiment (N = 121) that replicates Molm et al.’s study and supports the hypotheses on justice, resistance, and retaliation to coercive computers.     

Reconstructing Colonialism: Graphic Layout and Design,and the Construction of Ideology*

Le lien entre l'image et l'idéologie est un des thèmes les plus étudiés en sociologie visuelle. Il existe néanmoins une sérieuse lacune dans notre compréhension des procédés visuels auxquels on a recours pour créer une idéologie. Cet article, au moyen d'une analyse du rôle de la juxtaposition et de l'enchaînement visuels dans la publication gouvernementale britannique The Colonies in Pictures, atteste un mécanisme jusqu'ici ignoré dans la formation de l'idéologie. Je soutiens que la publication reconstruit une idéologie coloniale britannique en faisant passer de l'ethnicitéà la culture le marqueur utilisé pour distinguer le britannique du non‐britannique. Une telle reconstruction avait été rendue nécessaire en raison du contexte historique qui a suivi la Deuxième Guerre mondiale et a permis aux Britanniques de conserver une main‐mise sur l'économie des colonies tout en leur accordant une autonomie politique. The connection between image and ideology is one of the most analysed themes in visual sociology. Despite this, there exists a serious omission in our understanding of the visual processes used to create ideology. This article, through the analysis of the role of visual juxtaposition and sequencing in the British government publication The Colonies in Pictures, documents a previously ignored mechanism for ideology formation. I argue that the publication reconstructs British colonial ideology by shifting the marker used to distinguish between British and non‐British from ethnicity to culture. Such a reconstruction was necessitated by the historical circumstances following World War II and enabled the British to retain economic control over the colonies while granting political autonomy.     

STATEHOOD EXPERIENCE,LEGAL TRADITIONS,AND CLIMATE CHANGE POLICIES

This study investigates how the implementation of modern climate change policies is related to former colonies' length of state history and their legal heritage. We argue that countries with longer statehood experience around the time of colonization were better equipped to implement the legal philosophies transplanted by their colonial powers. Therefore, the implications of receiving British common law versus French civil law should be particularly important in countries with a greater accumulated history of statehood. Using a cross‐section of up to 78 former colonies, our results provide support for this hypothesis. In particular, our estimates demonstrate that common law countries have weaker modern climate change policies than civil law countries and the difference is inflated by a longer statehood experience, measured by the length of state history from 1 to 1800 AD. Legal origin has no effect in areas which, by the time of colonization, had no statehood experience. Finally, we report similar results for the pattern of labor market regulations. (JEL K15, K31, K32, O44, Q54, Q58)     

Primitive Accumulation,New Enclosures,and Global Land Grabs: A Theoretical Intervention

Recent critical analyses of global land grabs have variously invoked global capitalism and neocolonialism to account for this trend. One line of inquiry approaches land grabs as instances of “primitive accumulation of capital” whereby lands in the Global South are “enclosed” and brought within the ambit of global capitalism. Another perspective invokes the history of Anglo‐American colonialism for critiquing the developmentalist discourse that depicts Africa as the “last frontier” to be tamed by the techno‐industrial civilization of the North. This essay integrates these two perspectives by elaborating capitalism as an irreducibly colonial formation with global inceptions. I begin with a discussion of “primitive accumulation” and, counter to many, question the suitability of “enclosure” for interpreting land grabs. The second section delves into the theoretical origins of primitive accumulation, proposing to situate it in a global and colonial genealogy of capitalism. A final section charts the theoretical and historical contours of this global genealogy and arrives at a more capacious reconceptualization of primitive accumulation. I conclude by reflecting on the implications of contemporary land grabs for in situ displacement, the fungibility of land, and new enclosures in the contemporary reconfiguration of global value chains.     

Agile Materialisms: Antonio Gramsci,Stuart Hall,Racialization, and Modernity

This article investigates why Gramsci's theories and concepts have a discrete relevance to the study of race and ethnicity in contemporary contexts. Two theoretical points emerge from the investigation. First, through Gramsci's work, Hall's approach to the structural/cultural theory problem provides an important mediation for theoretical approaches to race. Hall is then able to demonstrate that the racialization of labor and the coercion of workers in colonial and neocolonial contexts, with regard to the “global south” was the rule and not the exception. Second, through an historical and discursive approach, I demonstrate how Gramsci's analysis of politics and political strategies took race into account. I contend that Gramsci's perspective on race facilitated Hall's ability to deploy Gramsci's theoretical framework and concepts.     

Citizenship and work in global capitalism: From domination to aspiration

The sociology of citizenship emerged during an exceptional period in which workers benefitted from economic growth and gains in productivity. Yet the field grew against the backdrop of a market‐oriented global capitalism defined by high levels of precarious work, surplus labor, and economic insecurity. Tracing the evolution of global capitalism in the wake of World War II, and across the unequal regions of the world, I outline three different perspectives on the relationship between capitalism and work. These include an outdated and untenable perspective of citizenship as workplace product , a critical perspective of citizenship as worker domination , and an optimistic perspective of citizenship as aspiration and agency . The analysis suggests that citizenship represents an important terrain of struggle within global capitalism, simultaneously enabling patterns of domination and inspiring movements for liberation.     

CIVIL ASSET FORFEITURE,CRIME, AND POLICE INCENTIVES: EVIDENCE FROM THE COMPREHENSIVE CRIME CONTROL ACT OF 1984

The 1984 federal Comprehensive Crime Control Act (CCCA) included a provision that permitted local law enforcement agencies to acquire up to 80% of the proceeds derived from civil asset forfeitures obtained in joint operations with federal authorities. We investigate how this rule governing forfeited assets influenced crime and police incentives by taking advantage of pre‐existing differences in state‐level civil asset forfeiture law and the timing of the CCCA. We find that after the CCCA was enacted crime fell about 17% in places where the federal law allowed police to retain more of their seized assets than state law previously allowed. (JEL K42, K15, H76)     

Associations Between Adolescents' Antisocial Behavior,Conflict Management Styles,and Romantic Relationship Breakup: An Observational Study

Adolescents' antisocial behavior and negative conflict management styles are each associated with adverse romantic relationship outcomes, yet little research exists on their associations. We investigated whether adolescents' antisocial behavior was associated with conflict management styles, and whether it predicted breakup 3 months later. In total, 91 adolescent couples (M_age = 16.43, SD = 0.99; 41.2% Hispanic/Latinx) participated in videotaped conflict discussions coded for negotiation, coercion, and avoidance. Actor–partner interdependence models suggest adolescents' antisocial behavior is associated with decreased use of negotiation (couple pattern) and increased use of coercion (actor pattern). No significant associations were found for avoidance. Neither antisocial behavior nor conflict management styles predicted breakup. Findings are discussed in light of the unique developmental importance of adolescents' romantic relationships.     

Symbolic Economies: Money,Neoliberal Law and National Politics in Argentina

In this article, I examine Argentina's neoliberal reforms throughout the 1990s from a Marxist theoretical perspective, analysing how money, monetary policy and law constitute a fundamental mode of ideological regulation in neoliberal capitalism. Situating this analysis in the context of the capitalist crisis of the mid-1970s, the article discusses the politics of effacement that in Argentina's case paved the way for the use of monetary policy as a form of social control intended to embed the nation-state into global capitalism. Examining economic legislation, macro-economic policies, political ideologies, consumer discourses and pension privatization, I analyse how the neoliberal monetary regime ideologically underpinned a whole state imaginary based on exchange rate parity with the US dollar. Further, I investigate the ideological function of money in symbolically reordering the relationships of workers and citizens to the state, capital and culture. The article concludes with an exploration of the political significance of the monetary collapse of the Argentine neoliberal reform in 2001–2002, comparing Argentina's crisis of hegemony with that of other states within global capitalism.     

On Reasons of Canada's Constitwtioal Success and Challenges of Its Constitution

The Canadian federal state was established in 1867. In that year the British Parliament, at the request of three British colonies, passed the British North America (Act) which created a federal union. And with the passing of the Constitution Act of 1982, and the Canadian constitution is now entirely in hands of the Canadians. The Constitution is in good condition to Canadian mufti-culture and excellent life quality. Of course, there have been some challenges facing Canada's constitutionalism.     

Lesbian,Gay, Bisexual,Transgender, and Queer Media: Key Narratives,Future Directions

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people have become a familiar presence on the media landscape. For more than half a century, scholars have examined the importance of this recognition. In this article, I extend the work of British sociologist Ken Plummer to argue that key narratives have endured in discussions of LGBTQ media. These narratives include the victim, the community, the militant/queer, and the assimilationist. In addition, this paper points toward new directions for analysis and discussion; I argue that future research should take a more nuanced approach by examining overlaps and tensions among these stories.     

LAC: How to mitigate against loss of confidentiality in CARES Act

When the demise of the federal law and regulation protecting substance use disorder (SUD) treatment record confidentiality was quickly sealed with the passages of the Coronavirus Aid, Relief, and Economic Security (CARES) Act March 27 (see “CARES Act eliminates most of 42 CFR Part 2,” ADAW, April 6, https://onlinelibrary.wiley.com/doi/10.1002/adaw.32678 ), the Legal Action Center (LAC) was right there with patients, as it still is, decrying the loss of this important safeguard. Now, however, it's time for the law firm to do what it does best — work to get the language as good as it can be in what will be the new regulation. In an overview of the CARES Act amendments regarding confidentiality released by LAC last week, this important point was made: Those amendments don't take effect until March 27, 2021.