The Increasing Monopolization of Identity by the State: The Case of the UK and the US

2006 ◽  
Vol 12 (3-4) ◽  
pp. 373-387 ◽  
Author(s):  
Roland Robertson
Keyword(s):  
The Us ◽  
Author(s):  
Samuel Issacharoff

The American due process revolution that began in the 1960s was slow to reach Britain. The limited power of judicial review and the removal of procedure from the academic study of law left the field oddly barren just as it sprung to life in defining the relation between citizens and the state in the US. Almost single-handedly, Professor Zuckerman sought to reframe the legal understanding of procedural order in the UK. His use of a cost-benefit matrix to define the governmental interest in a particular course of conduct, and his use of the same metric to weigh the costs to private parties and the risks of legal error were transformative. Beginning with his work on the incentives to error created by the Mareva injunction, and continuing to his crusade over the exorbitant costs of British procedure, the result was a scholarly transformation of a field largely abandoned since the time of Bentham. This chapter chronicles the efforts of one far-sighted scholar to drag British procedure into the modern era.


2009 ◽  
Vol 6 (3) ◽  
pp. 308-312 ◽  
Author(s):  
Oscar H. Gandy Jr.

In February 2009 the House of Lords Constitutional Committee in the United Kingdom published the report Surveillance: Citizens and the State. Some have hailed this as a landmark document. The following is one of four commentaries that the editors of Surveillance & Society solicited in response to the report.


2020 ◽  
Vol 14 (1) ◽  
Author(s):  
Emily Kirk ◽  
Sandra Rein ◽  
Cynthia Wright ◽  
Karen Dubinsky ◽  
Zaira Zarza

Canada and Cuba have a long historical relationship, in governmental and non-governmental realms alike. While hundreds of Canadian students take part in educational exchanges from a variety of Canadian universities, Canadian/Cuban scholarly ties are not as strong as they are in the US or even the UK.  There are a handful of internationally recognized Cuba scholars who have been working in Canada for some decades, among them John M. Kirk, Hal Klepak and Keith Ellis. Cuban scholarship in Canada is still notably scant and it cannot really be classified in generational terms. However it is clear that the work of these senior scholars is bearing fruit, as other scholars located in Canada are increasingly working in Cuban Studies, in both teaching and research.    A few of these scholars came together recently to discuss their experiences. This isn’t an exhaustive or representative group. The participants in this roundtable conversation include those trained as Cubanists, trained in other fields but with more recent research and/or teaching ties to Cuba, and a Cuban educated in Canada.  We came together to discuss what we see as the state of the field in Cuban/Canadian studies today and in the future.    


2020 ◽  
Author(s):  
Dradjad H. Wibowo

Abstract BackgroundPhysical distancing measures to control the COVID-19 pandemic come at a heavy short-term economic cost. But easing the measures too early carries a high risk of transmission re-escalations. To assess if physical distancing can be relaxed, a number of epidemic indicators are used, most notably the reproduction number R. Many developing countries, however, have limited capacities to estimate R accurately. This study aims to demonstrate how health production function can be used to assess the state of COVID-19 transmission and to determine a risk-based physical distancing relaxation policy.MethodsThe author establishes a short-run health production function, representing the cumulative number of COVID-19 cases, from the standard SIR model. Three zones defining the state of transmission are shown. The probability of meeting a policy target, given a production elasticity range, is computed. The method is applied to France, Germany, Italy, the UK and the US, and to Indonesia as an example of application in developing countries. ResultsAs of June 30, 2020, France, Germany, Italy and the UK have arrived in the “green zone” where relaxation can be considered. The US is still in the “red zone” where physical distancing still needs to be applied. France, Germany and Italy can set a policy target of maximum daily-cases of 500, while the UK has to make do with a target of 1,100 daily-cases. France, Germany, Italy and the UK still exhibit a relatively high risk of their daily-cases failing to meet the policy target or even rising. Indonesia is still in the “red zone”, so it comes as no surprise that the country’s daily-cases rose sharply after relaxation of physical distancing. ConclusionsShort-run health production function can be used to assess the state of COVID-19 transmission and to determine a risk-based physical distancing relaxation policy. Given its simplicity and minimum data requirement, the approach is very useful for developing countries which are unable to have reliable estimates of the reproduction number R. Follow-up research from this study may include estimating an economically optimal date for relaxing distancing measures and application of this method to other epidemics.


Author(s):  
Rowland Atkinson ◽  
Sarah Blandy

Here we discuss the balance of responsibility between the state and the individual homeowner to protect the home, against the background of a lack of confidence in governments' ability to prevent crime and the rising sense of victimhood in popular culture and criminal justice systems. The focus of this chapter is on the legal position of the homeowner who uses lethal force in defence of their home. Illustrated by high-profile cases, developments in the law on defence and revenge are analysed and comparisons are made between the US, the UK and Australia.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Dradjad H. Wibowo

Abstract Background To assess if physical distancing measures to control the COVID-19 pandemic can be relaxed, one of the key indicators used is the reproduction number R. Many developing countries, however, have limited capacities to estimate R accurately. This study aims to demonstrate how health production function can be used to assess the state of COVID-19 transmission and to determine a risk-based relaxation policy. Methods The author employs a simple “bridge” between epidemiological models and production economics to establish the cumulative number of COVID-19 cases as a short-run total product function and to derive the corresponding marginal product, average product, and production elasticity. Three crucial dates defining the states of transmission, labelled red, yellow, and green zones, are determined. Relaxation policy is illogical in the “red zone” and is not recommended in the “yellow zone”. In the “green zone”, relaxation can be considered. The Bayesian probability of near term’s daily cases meeting a policy target is computed. The method is applied to France, Germany, Italy, the UK, and the US, and to Indonesia as an example of application in developing countries. Results This study uses data from the WHO COVID-19 Dashboard, beginning from the first recording date for each country until February 28, 2021. As of June 30, 2020, France, Germany, Italy, and the UK had arrived at the “green zone” but with a high risk of transmission re-escalations. In the following weeks, their production elasticities were rising, giving a signal of accelerated transmissions. The signal was corroborated by these countries’ rising cases, making them leaving the “green zone” in the later months. By February 28, 2021, the UK had returned to the “green zone”, France, Germany, and Italy were still in the “yellow zone”, while the US reached the “green zone” at a very high number of cases. Despite being in the “red zone”, Indonesia relaxed its distancing measures, causing a sharp rise of cases. Conclusions Health production function can show the state of COVID-19 transmission. A rising production elasticity gives an early warning of transmission escalations. The elasticity is a useful parameter for risk-based relaxation policy.


Author(s):  
Walter Houston

The Hebrew expression in the Old Testament mishpat u-tsedaqa, conventionally translated ‘justice and righteousness’, has a particular application to the social responsibility of the king. The state, in the person of the king, is seen in the Old Testament as having an obligation to exercise its power on behalf of the most vulnerable. This may be illustrated by the widespread evidence from the ancient Near East of administrative and judicial action undertaken by kings to cancel debts, provide for the release of debt slaves, remit taxes, order the return of distrained property, and so forth. Although the impact of such measures would have been limited, and the tradition is attenuated in later levels of the text, the ideal of the state as the protector of the poor may be applied to the state’s relationship with the modern capitalist economy. It demands that the economy should be regulated to protect the most vulnerable against the impoverishment resulting from its transformation by globalized capitalism. The reality, however, especially in the UK and the US, is that the state colludes with capitalism to increase inequality and deepen poverty.


2013 ◽  
Vol 11 (3) ◽  
pp. 252-271 ◽  
Author(s):  
Gary Edmond ◽  
Mehera San Roque

This paper considers the use of the products of surveillance, primarily images, as evidence within the criminal trial. These products, whether static images, video or voice recordings, are increasingly being mediated for the fact-finder via ‘experts’, proffering an opinion about the meaning of some surveillance image, artefact or trace. Common law courts, including those in Australia, the UK, Canada, and the US, have been surprisingly accommodating towards such evidence—allowing incriminating opinions to be presented by witnesses with questionable or unsubstantiated, ‘expertise’. Institutional and judicial responses tend to be inattentive to the reliability of such evidence, and display a misplaced faith in the capacity of traditional trial safeguards to expose and manage the weaknesses inherent in this type of evidence. In looking at the ways in which courts use CCTV images, voice recordings and other traces generated by surveillant assemblages, this paper offers a legal site for consideration that has not featured as prominently in recent surveillance literature. It suggests that the preoccupations generated by the ubiquitous nature of everyday surveillance do not always map cleanly onto the use of surveillance artefacts (e.g. images and other traces) in the criminal justice system. At the same time this paper explores how ideas and concepts familiar to the analysis of surveillance techniques, cultures, imaginaries and practices might inform our understanding of the criminal trial and its related processes. Fundamentally concerned with the value of such evidence, this paper argues that, given the premium placed upon accuracy and fairness within the criminal trial, the state should be able to guarantee the basic trustworthiness of the opinions before interpretations derived from surveillance assemblages are admitted to assist with proof of identity and guilt.


Slavic Review ◽  
2017 ◽  
Vol 76 (S1) ◽  
pp. S30-S38 ◽  
Author(s):  
Abby Innes

This paper examines Poland, Hungary, the UK and the US the most surprising cases of populist reaction. It argues that the social polarization caused by the failures of hyper-liberal reforms to the state, and the association of Social Democratic parties with those reforms, has provoked alienation from liberal democratic politics.


Sign in / Sign up

Export Citation Format

Share Document