Stabilizing flows in the legal field: illusions of permanence,intellectual property rights and the transnationalization of law

In this article I examine some of the problems that ‘modern’ legal theory poses for a consideration of the extended reach of social actors and institutions in time and space. While jurisprudence has begun to engage with the concept of globalization, it has done so in a relatively limited manner. Thus legal theory's encounters with highly visible transnational practices have, for the most part, resulted not in challenging the prevailing formal legal paradigm, but in a renewed if slightly modified search for a general jurisprudence that ultimately takes little account of the manner in which the work of law is carried out transnationally. In the first part of this article I examine how legal theory's concern to maintain its own integrity places limitations on its ability to examine the permeability of social boundaries. In the latter part I draw on critical human geography, post–structuralism and actor–network theory (ANT), to examine the manner in which transnational actors have been able to mobilize law, and in particular intellectual property rights (IPRs), as a necessary strategy for both maintaining the meanings of bio–technologies through time and space, and enrolling farmers into particular social networks.     

Yardstick competition and political agency problems

We examine how yardstick competition between jurisdictions affects the agency problem resulting from uncertainty about politicians (adverse selection) and their policies (moral hazard). We find that yardstick comparison can contribute both to disciplining and to selecting politicians.Earlier versions of this paper have circulated as Queen Mary Working Paper No. 444 and CORE Discussion Paper 2002/29. We would like to thank our editor, Maurice Salles, two anonymous referees, Mark Armstrong and Enrico Minelli for helpful comments and suggestions. We would also like to thank seminar participants at CORE, Queen Mary, Marseilles, and the 2002 Public Economic Theory conference, Université Paris 1.     

Which is the ‘self’ in ‘self‐interest’?

This article contends that homogenisation of the term ‘self‐interest’– in sociological and economic discourse – has resulted in many misconceptions about what particular doctrines of ‘self‐interest’ were instituted to achieve at certain historical periods and in specific cultural milieux. At its worst, the article argues, this has led to a misunderstanding of the import of particular doctrines of self interest,which are read in terms of general tradition – such as that which views self‐interested conduct as a natural faculty – rather than in terms of the context specific aims of those advocating them. The article attempts to show how, historically, there have been quite significant changes in the characterisation of the ‘self’ deemed to be ‘self‐interested’. In particular, it focuses on the ‘self’ of certain early modern conceptions of self interest, and suggests this creation is best viewed not as a subjectivity transcendentally presupposed by experience, but as one historically cultivated to counter the exigencies of particular circumstances – the disaster of perpetual ‘warre’ in 17th century Europe – and to meet the purposes of a certain way of life – existence in the civitas.     

The State of Care Management in Learning Disability and Mental Health Services 12 Years into Community Care

This paper reports on the organization of care management froma longitudinal study of community care for people resettledfrom long-stay learning disability and psychiatric hospitals.The findings from a 12-year follow-up of care management arrangementsin 12 learning disability and eight mental health study siteservices are described. The diversity of care management arrangementsfound at earlier points in the evaluation remained evident.Also, many of the former ‘care in the community’service users were excluded from mainstream care managementarrangements in their localities. The difficulty of developingperson-centred arrangements in learning disability and the lackof integration of the Care Programme Approach and care managementwere evident. The findings and observations are placed in thewider policy and practice context, with suggestions for takingcare management forward nationally and locally.     

Prehistoric landscapes of the sonoran desert Hohokam

The Hohokam of southern Arizona are noted for greater duration of settlement than other major agricultural traditions in the archaeological record of the southwestern United States, including the Anasazi and Mogollon. The 40,000 square mile area inhabited by the Hohokam is marked by low elevation desert basins, but encompasses a range of topographic and climatic variability that shaped opportunities for prehistoric farming technologies. Irrigation from rivers was frequently associated with the longterm persistence of individual sites, while floodwater farming along ephemeral drainages was more often correlated with continuous occupation of hydrologically favored zones. Renewal of fields by waterborne nutrients and efficient practices in the use of natural resources countered the limited mobility options afforded by the Hohokam environment.In spite of a restrictive agricultural setting and an essentially static suite of productive technologies over many centuries, relationships among population, settlement, and landuse were redefined in evolving social and economic configurations. An example from the Tucson Basin illustrates differentiated patterns of settlement and agriculture arising in conjunction with increased levels of population and territorial integration in the late prehistoric period. Community organization among interrelated settlements incorporated a diversity of topographic zones and agricultural technologies in this high-risk context for prehistoric cultivators.     

The Boston Area Diary Study and the Moral Citizenship of Care

This paper describes the theoretical foundations, empirical findings, and practical and philosophical implications of the Boston Area Diary Study (BADS), a study of the caring behavior of 44 participants over one calendar year. In particular, the paper presents an identification theory of care and discusses how it shaped the conceptualization, collection, and analysis of the data in a year-long diary study of daily voluntary assistance. The findings from the BADS (1) theoretically confirm the identification theory of care; (2) methodologically capture how individuals perceive and carry out caring behavior as a unity; and (3rpar; empirically document the existence of a moral citizenship in America that is substantially more vigorous than is implied by the usual indicators of civic and political citizenship.     

Unmanaging public relations: Reclaiming complex practice in pursuit of global consent

Globalisation raises numerous problems for contemporary public relations theory. In a world where the geographic reach of organisations routinely spans cultures and nation states and where issues of culture, economics and politics are inseparably intertwined, the discipline of public relations has established a distance from the immediacy of the marketplace, failed to fully engage with discussions of culture. By taking a relentlessly managerialist approach, theorists have also failed to recognise the true complexity of public relations practice and this has marginalised aspects of practice that, though nebulous and intangible, are none the less real. This paper argues that attention needs to shift towards the complexities of practice, in order to recapture and theorise a distinctive occupational field with the aim of better understanding the relationship between universal humanising principles, on the one hand, and the purposive demands of capital, on the other; the attempt to theorise how public relations makes profitable sense in society. The paper was prompted by the author's reflections on auto-ethnographic research into the public relations field, part of an ongoing research project.