scholarly journals Confession as a Form of Knowledge-Power in the Problem of Sexuality

2021 ◽  
Author(s):  
Iiris Kestilä
Keyword(s):  
United Kingdom ◽  
Legal System ◽  
Armed Forces ◽  
Disciplinary Power ◽  
Military Organization ◽  
The United Kingdom ◽  
European Court ◽  
The Law ◽  
The Individual ◽  
The Military

AbstractThis article addresses two questions related to the discrimination of homosexuals in the British Armed Forces as illuminated in the judgments of the European Court of Human Rights in the cases Smith and Grady v. the United Kingdom and Beck, Copp and Bazeley v. the United Kingdom. First, how does the military organization obtain knowledge about its subjects? Two works by Michel Foucault concerning the thematic of confession—The Will to Knowledge and About the Beginning of the Hermeneutics of the Self: Two Lectures at Dartmouth—provide a foundation for answering this question. Second, what happens when this knowledge obtained by the military organization comes into contact with the legal system? In relation to this question, Foucauldian theories of law are discussed, namely the so-called ‘expulsion thesis’ and ‘polyvalence theory’. It is argued that the production of knowledge in the context of these cases is intertwined with the technique of confession. However, the confession does not only operate at the level of the military organization but also as an internal practice of the individual. When this knowledge then encounters the legal system, it appears that the law puts up a certain resistance towards other forms of power, e.g. disciplinary power. It is argued that this resistance is due to the law’s ‘strategic openness’, i.e. the possibility to harness the law to different strategic purposes, due to which law can never be fully subordinated by external powers.

The recognition and management of body temperature disturbances in Royal Navy personnel

2014 ◽  
Vol 100 (3) ◽  
pp. 259-267
Author(s):  
DJC Angus ◽  
EHN Oakley
Keyword(s):  
United Kingdom ◽  
Body Temperature ◽  
Armed Forces ◽  
Initial Presentation ◽  
Royal Navy ◽  
The United Kingdom ◽  
Chain Of Command ◽  
The Individual ◽  
Return To Duty ◽  
Navy Personnel

AbstractThis article discusses hypothermia and hyperthermia, described together as thermal illness. These conditions are seen within the United Kingdom (UK) Armed Forces population at home and abroad and may endanger life, with significant implications for both the individual and the chain of command. Recognition and management from initial presentation to return to duty is discussed and guidance given on occupational considerations.

Religious Symbolism and Conscientious Objection in the Workplace: An Evaluation of Strasbourg's Judgment in Eweida and others v United Kingdom

2013 ◽  
Vol 15 (2) ◽  
pp. 191-203 ◽  
Author(s):  
Mark Hill
Keyword(s):  
United Kingdom ◽  
Same Sex ◽  
Same Sex Couples ◽  
Religious Symbolism ◽  
The United Kingdom ◽  
European Court ◽  
Domestic Courts ◽  
A Chain ◽  
The Individual ◽  
The Right

The judgment of the European Court of Human Rights in Eweida and others v United Kingdom1 related to two pairs of cases.2 The first pair concerned a British Airways check-in clerk and a nurse, each of whom complained that dress codes at their respective places of work prevented them from openly wearing a small cross on a chain around their neck. In the second pair, a registrar of marriages and a relationship counsellor refused to offer their respective services to same-sex couples on the basis that homosexual acts were incompatible with their religious beliefs. Having failed to obtain relief in the domestic courts, all four applicants took their claims to Strasbourg, which heard oral argument last September. Judgment was pronounced on 15 January 2013. This Comment considers the broad thrust of the judgment, particularly the threefold manner by which the Court has clarified and embedded the right to freedom of religion, the practical outcome in the individual cases, and the likely effect of the judgment upon future litigation in the domestic courts of the United Kingdom.

scholarly journals STRUCTURE OF THE SUPPORT SYSTEM FOR MILITARY FAMILIES IN THE UNITED KINGDOM, GERMANY AND SLOVENIA

2020 ◽  
pp. 101-116
Author(s):  
MATEJ JAKOPIČ
Keyword(s):  
United Kingdom ◽  
Support System ◽  
Military Personnel ◽  
Military Families ◽  
Armed Forces ◽  
Military Family ◽  
The United Kingdom ◽  
Military Chaplaincy ◽  
The Military ◽  
Two Bodies

Povzetek V prispevku obravnavamo antropološke in sociološke lastnosti vojakov ter vojaških družin. Predstavljamo urejenost podpore vojaškim družinam v Združenem kraljestvu, Nemčiji in Sloveniji. Natančneje preučujemo pravne podlage v Sloveniji, ki so temelj urejenosti podpore tem družinam, ter dejavnosti oddelka Celostne skrbi pripadnikov Slovenske vojske in Vojaškega vikariata, ki se v Slovenski vojski edina ukvarjata z njihovo podporo. V sklepnem delu opozarjamo na razhajanje med sistemsko organiziranostjo in individualnim pristopom v skrbi za te družine. S člankom se želimo približati odgovoru na vprašanje, kateri način podpore in skrbi za družine slovenskih vojakov je najustreznejši. Ključne besede: družina, vojaška družina, Slovenska vojska, Celostna skrb za pripadnike, Vojaški vikariat. Abstract The article aims to bring forth the anthropological and sociological characteristics affecting the military personnel and military families. It presents the structure of the support system for military families in the United Kingdom, Germany and Slovenia. For the latter, legal bases are presented regulating the support for military families, and the activities of the Comprehensive Care Section and the Military Chaplaincy, which are the only two bodies in the Slovenian Armed Forces to engage in the support of military families. The aim of the article is to contribute a piece of the answer to the big question: how to find the correct and appropriate path to help the families of Slovenian soldiers. Key words Family, military family, Slovenian Armed Forces, military personnel welfare, Military Chaplaincy

Parliamentary Privilege in New South Wales

2020 ◽  
Vol 48 (1) ◽  
pp. 20-26
Author(s):  
Stephen Frappell
Keyword(s):  
United Kingdom ◽  
New South ◽  
Common Law ◽  
New South Wales ◽  
The United Kingdom ◽  
South Wales ◽  
The Common ◽  
The Law ◽  
The Individual

The law of parliamentary privilege in New South Wales is the sum of certain immunities, rights, and powers enjoyed by the individual Houses of the Parliament of New South Wales, together with their members and committees, as constituent parts of the Legislature. The law is complex. It is liberally interspersed with uncertainty and ambiguity. It is also distinctly different from the law of privilege in other Australian jurisdictions, including the Commonwealth, and also from overseas jurisdictions. It is singular in the degree to which it relies on the common law, without recourse to statutory expression or to the historical privileges of the Houses of Parliament in the United Kingdom. Nevertheless, in some respects, the Parliament of New South Wales has been remarkably successful through the courts, and through its own procedures, in asserting the powers and rights of members under the banner of parliamentary privilege, notably in relation to orders for the production of State papers.

Baghdad Pact

1958 ◽  
Vol 12 (2) ◽  
pp. 230-232 ◽  
Keyword(s):  
United States ◽  
United Kingdom ◽  
Armed Forces ◽  
The United States ◽  
The United Kingdom ◽  
Building Project ◽  
The Military ◽  
And Storage ◽  
Communications System ◽  
Fourth Session

The fourth session of the Council of the Baghdad Pact was held in Ankara, Turkey, January 27–30, 1958, under the chairmanship of Mr. Adnan Menderes, Prime Minister of Turkey, and was attended by delegations from Iran, Iraq, Pakistan, Turkey, and the United Kingdom, as well as by an observer delegation from the United States. It was reported that at the opening meeting the delegates from Iran, Iraq, Turkey, and Pakistan stressed the need for more economic aid to the pact area, while the United Kingdom and United States speakers expressed the belief that member nations should concentrate on completing economic projects already under way. Mr. Dulles, Secretary of State of the United States, in his opening address pointed out that Congress had authorized the President to use armed forces to assist any nation or group of nations in the Middle East, including the Baghdad Pact nations, that requested assistance against armed aggression by any communist-controlled country. On the second day of the session the Council approved reports of the military, liaison, and countersubversion committees. The report of the military committee recommended a longterm defense building project, which would include a communications system from west Turkey to Pakistan with trunk and lateral highways, harbor and storage facilities at seaports on the Mediterranean, Persian Gulf, and the Arabian Sea, and civil airports that could be readily converted for military use. In the meeting on January 29 Mr. Dulles announced that, subject to funds being made available by Congress, $10 million would be provided by the United States for the improvement of telephone and radiotelephone links between the capitals of Pakistan, Iran, Iraq, and Turkey, in addition to $8 million already provided for surveys being carried out.

The United Kingdom: Increasingly Fractious Civil–Military Relations

2021 ◽  
Author(s):  
Andrew M. Dorman
Keyword(s):  
United Kingdom ◽  
Civil War ◽  
18Th Century ◽  
Armed Forces ◽  
Royal Navy ◽  
Civil Military Relations ◽  
The United Kingdom ◽  
To Come ◽  
Military Relations ◽  
The Military

Civil–military relations in the United Kingdom have traditionally not been a major issue. This is partly a reflection of its history. The U.K. mainland has not been invaded since 1066. Since the civil war in the 17th century and the union of Scotland with England at the beginning of the 18th century, there has not been a need to maintain significant land forces at home. The Royal Navy has provided the first and main line of defense. The civil war in many ways set the tone for subsequent civil–military relations. Most powers related to the armed forces have been retained under the royal prerogative, effectively in the hands of the prime minister, but Parliament has retained a degree of oversight and controls the purse strings. However, beneath this veneer there are increasing tensions between the military and political authorities as the former have sought an increasing role in policymaking, particularly in terms of the wars in Iraq and Afghanistan. Moreover, the armed forces themselves have struggled to come to terms with adapting to the society from which they are drawn. Since the 1990s they have had to give ground on the issues of gender and sexuality, and they are increasingly criticized for their lack of diversification—an issue that they have sought to mask by recruiting from the Commonwealth.

Mixed Jurisdictions and Convergence: Scotland

2001 ◽  
Vol 29 (2) ◽  
pp. 309-322 ◽  
Author(s):  
Hector L MacQueen
Keyword(s):  
United Kingdom ◽  
Great Britain ◽  
Legal System ◽  
Sovereign State ◽  
High Court ◽  
James I ◽  
The United Kingdom ◽  
Formal Basis ◽  
The Law ◽  
System Today

There is an independent Scottish legal system today because, until the Union of the English and Scottish Crowns in 1603 and the Union of the Parliaments of the two countries in 1707, Scotland was an independent sovereign state. When King James VI of Scotland became James I of England and Great Britain in 1603, there was considerable interest in the possibility of establishing a single legal system for the newly united kingdoms, while during the Cromwellian interlude of the 1650s the possibility moved some way towards actuality. But the 1707 Act of Union showed a recognition that the establishment of a single legal system and body of law for the whole of the United Kingdom was not really a practical proposition, in articles which remain the formal basis for the continuing existence and independence of the Scottish law and legal system. Article XVIII provided for the continuation of Scots law after the Union, excepting only the ‘Laws concerning Regulation of Trade, Customs and … Excises', which were to ‘be the same in Scotland, from and after the Union, as in England.’ Change to Scots law was allowed under the Article, but in matters of ‘private right’ such change had to be for the ‘evident utility’ of the Scottish people. Only in matters of ‘public right’ might the aim be simply to make the law the same throughout the United Kingdom. Article XIX laid down that the principal Scottish courts, the Court of Session and the High Court of Justiciary, should ‘remain in all time coming’ as they were then constituted, and further provided that Scottish cases were not to be dealt with by the English courts ‘in Westminster-hall’ (which likewise continued to exist post-Union).

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