scholarly journals The Uncertain Future of Administrative Law

Daedalus ◽  
2021 ◽  
Vol 150 (3) ◽  
pp. 188-207
Author(s):  
Jeremy Kessler ◽  
Charles Sabel
Keyword(s):  
Administrative Law ◽  
Administrative State ◽  
Administrative Authority ◽  
Administrative Organization ◽  
Presidential Transitions ◽  
1960S And 1970S ◽  
Uncertain Future ◽  
The 1960S

Abstract A volatile series of presidential transitions has only intensified the century-long conflict between progressive defenders and conservative critics of the administrative state. Yet neither side has adequately confronted the fact that the growth of uncertainty and the corresponding spread of guidance–a kind of provisional “rule” that invites its own revision–mark a break in the development of the administrative state as significant as the rise of notice-and-comment rulemaking in the 1960s and 1970s. Whereas rulemaking corrected social shortsightedness by enlisting science in the service of lawful administration, guidance acknowledges that both science and law are in need of continual correction. Administrative law has the resources to ensure that the provisionality of guidance does not lead to the abuses that conservatives fear. But to deploy those resources–and to carry through the reforms of administrative organization that are their natural complement–progressives must rethink their commitments to judicial deference to administrative authority and administrative deference to presidential authority, commitments on which the progressive defense of the administrative state currently depends.

Legalism and English Administrative Law: Comment on Sterett

1992 ◽  
Vol 17 (01) ◽  
pp. 89-100 ◽  
Author(s):  
David Feldman ◽  
Mark Gould
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Recent Issue ◽  
Review Procedure ◽  
The Law ◽  
1960S And 1970S ◽  
The 1960S ◽  
Law Commission ◽  
The Way

In a recent issue of this journal (Volume 15, Number 4, Fall 1990), Susan Sterett examined the role of the Law Commission in the development of English administrative law. She suggested that the Commission mimicked a “peak association” and adopted an “idiom of legalism” in order to justify its reform proposals. This comment disagrees with Sterett on three grounds. First, the role and constitutional position of the Commission is far more complex than Sterett suggests, and this affects the way in which the Commission works. Second, judges and academic lawyers were central to the reform of substantive principles of judicial review in the 1960s and 1970s, making it unnecessary for the Law Commission to act in this field. Finally, it is wrong to ignore the fact that much administrative law occurs outside the judicial review procedure.

The Anglosphere, Race and Brexit

2019 ◽  
pp. 224-240
Author(s):  
Eva Namusoke
Keyword(s):  
British Empire ◽  
Far Right ◽  
Eu Referendum ◽  
1960S And 1970S ◽  
Uncertain Future ◽  
The 1960S ◽  
The Uk ◽  
Insight Into ◽  
The Eu

As the UK looks towards an uncertain future outside of the EU, the conversations surrounding the Anglosphere and interchangeably the Commonwealth have been centred on reconnecting with mostly white ‘kith and kin’. These conversations are distinctly backward-looking, while also featuring a sometimes nostalgic view of the British Empire and ‘Old Commonwealth’. This chapter focuses on the contemporary Commonwealth as a key insight into the ideology surrounding the modern Anglosphere, and posits a closer examination of race in the UK–Commonwealth relationship following the campaign and result of the 2016 EU referendum. The issue of immigration is used to examine the ways in which different white, black and Indian Commonwealth citizens have been treated in Britain. This chapter also includes a reflection on the 1960s and 1970s EEC applications, the contentious role played by India in challenging white, British-centric Commonwealth politics, and the connection between the far right and Old Commonwealth or Anglosphere-supporting Brexit campaigners.

Ken Russell's Wartime Imagery

2015 ◽  
Vol 12 (4) ◽  
pp. 539-555 ◽  
Author(s):  
Kevin M. Flanagan
Keyword(s):  
Second World War ◽  
World War ◽  
War Films ◽  
Personal Style ◽  
American Cinema ◽  
1960S And 1970S ◽  
The 1960S ◽  
Second World ◽  
Wartime Experience ◽  
National Experience

This article traces Ken Russell's explorations of war and wartime experience over the course of his career. In particular, it argues that Russell's scattered attempts at coming to terms with war, the rise of fascism and memorialisation are best understood in terms of a combination of Russell's own tastes and personal style, wider stylistic and thematic trends in Euro-American cinema during the 1960s and 1970s, and discourses of collective national experience. In addition to identifying Russell's recurrent techniques, this article focuses on how the residual impacts of the First and Second World Wars appear in his favoured genres: literary adaptations and composer biopics. Although the article looks for patterns and similarities in Russell's war output, it differentiates between his First and Second World War films by indicating how he engages with, and temporarily inhabits, the stylistic regime of the enemy within the latter group.

Mind Bending, Mental Seduction and Menticide: Brainwashing in British Spy Dramas of the 1960s

2013 ◽  
Vol 10 (1) ◽  
pp. 27-48 ◽  
Author(s):  
Alan Burton
Keyword(s):  
Cold War ◽  
Thought Control ◽  
Cultural Contexts ◽  
Scientific Background ◽  
Mind Control ◽  
1960S And 1970S ◽  
The 1960S ◽  
The Cold War ◽  
The Mind ◽  
Cultural Fantasy

Brainwashing assumed the proportions of a cultural fantasy during the Cold War period. The article examines the various political, scientific and cultural contexts of brainwashing, and proceeds to a consideration of the place of mind control in British spy dramas made for cinema and television in the 1960s and 1970s. Particular attention is given to the films The Mind Benders (1963) and The Ipcress File (1965), and to the television dramas Man in a Suitcase (1967–8), The Prisoner (1967–8) and Callan (1967–81), which gave expression to the anxieties surrounding thought-control. Attention is given to the scientific background to the representations of brainwashing, and the significance of spy scandals, treasons and treacheries as a distinct context to the appearance of brainwashing on British screens.

The ‘Modernisation’ of Scotland and its Impact on Glasgow, 1955–1979: ‘Unwanted Side Effects’ and Vulnerabilities

2016 ◽  
Vol 25 (3) ◽  
pp. 294-316 ◽  
Author(s):  
Chik Collins ◽  
Ian Levitt
Keyword(s):  
Side Effects ◽  
Government Policy ◽  
Regional Policy ◽  
Excess Mortality ◽  
Policy Agenda ◽  
Policy Makers ◽  
Uk Government ◽  
1960S And 1970S ◽  
The 1960S ◽  
The Impact

This article reports findings of research into the far-reaching plan to ‘modernise’ the Scottish economy, which emerged from the mid-late 1950s and was formally adopted by government in the early 1960s. It shows the growing awareness amongst policy-makers from the mid-1960s as to the profoundly deleterious effects the implementation of the plan was having on Glasgow. By 1971 these effects were understood to be substantial with likely severe consequences for the future. Nonetheless, there was no proportionate adjustment to the regional policy which was creating these understood ‘unwanted’ outcomes, even when such was proposed by the Secretary of State for Scotland. After presenting these findings, the paper offers some consideration as to their relevance to the task of accounting for Glasgow's ‘excess mortality’. It is suggested that regional policy can be seen to have contributed to the accumulation of ‘vulnerabilities’, particularly in Glasgow but also more widely in Scotland, during the 1960s and 1970s, and that the impact of the post-1979 UK government policy agenda on these vulnerabilities is likely to have been salient in the increase in ‘excess mortality’ evident in subsequent years.

The Fragmentation of the Palestinian Political Field

2018 ◽  
Vol 11 (1-2) ◽  
pp. 189-216
Author(s):  
Jamil Hilal
Keyword(s):  
Women Workers ◽  
Political Leadership ◽  
The Political ◽  
Political Field ◽  
Cultural Field ◽  
National Representation ◽  
1960S And 1970S ◽  
The 1960S ◽  
Palestinian National Movement ◽  
The Relationship

The mid-1960s saw the beginnings of the construction of a Palestinian political field after it collapsed in 1948, when, with the British government’s support of the Zionist movement, which succeeded in establishing the state of Israel, the Palestinian national movement was crushed. This article focuses mainly on the Palestinian political field as it developed in the 1960s and 1970s, the beginnings of its fragmentation in the 1990s, and its almost complete collapse in the first decade of this century. It was developed on a structure characterized by the dominance of a center where the political leadership functioned. The center, however, was established outside historic Palestine. This paper examines the components and dynamics of the relationship between the center and the peripheries, and the causes of the decline of this center and its eventual disappearance, leaving the constituents of the Palestinian people under local political leadership following the collapse of the national representation institutions, that is, the political, organizational, military, cultural institutions and sectorial organizations (women, workers, students, etc.) that made up the PLO and its frameworks. The paper suggests that the decline of the political field as a national field does not mean the disintegration of the cultural field. There are, in fact, indications that the cultural field has a new vitality that deserves much more attention than it is currently assigned.

Book Reviews

2015 ◽  
Vol 33 (3) ◽  
pp. 88-107
Author(s):  
Louise K. Davidson-Schmich ◽  
Jennifer A. Yoder ◽  
Friederike Eigler ◽  
Joyce M. Mushaben ◽  
Alexandra Schwell ◽  
...  
Keyword(s):  
Print Media ◽  
Forced Migration ◽  
Way Of Life ◽  
The West ◽  
Politics Of Memory ◽  
German State ◽  
East German ◽  
1960S And 1970S ◽  
The 1960S

Konrad H. Jarausch, United Germany: Debating Processes and Prospects Reviewed by Louise K. Davidson-Schmich Nick Hodgin and Caroline Pearce, ed. The GDR Remembered:Representations of the East German State since 1989 Reviewed by Jennifer A. Yoder Andrew Demshuk, The Lost German East: Forced Migration and the Politics of Memory, 1945-1970 Reviewed by Friederike Eigler Peter H. Merkl, Small Town & Village in Bavaria: The Passing of a Way of Life Reviewed by Joyce M. Mushaben Barbara Thériault, The Cop and the Sociologist. Investigating Diversity in German Police Forces Reviewed by Alexandra Schwell Clare Bielby, Violent Women in Print: Representations in the West German Print Media of the 1960s and 1970s Reviewed by Katharina Karcher Michael David-Fox, Peter Holquist, and Alexander M. Martin, ed., Fascination and Enmity: Russia and Germany as Entangled Histories, 1914-1945 Reviewed by Jennifer A. Yoder

Mobile Perception and the Automotive Prosthetic

Transfers ◽  
2011 ◽  
Vol 1 (1) ◽  
pp. 73-96 ◽  
Author(s):  
Charissa N. Terranova
Keyword(s):  
Urban Sprawl ◽  
Human Body ◽  
Conceptual Art ◽  
Robert Smithson ◽  
Martha Rosler ◽  
The World ◽  
1960S And 1970S ◽  
The 1960S ◽  
And Linguistics

This essay focuses on a body of photoconceptual works from the 1960s and 1970s in which the automobile functions as a prosthetic-like aperture through which to view the world in motion. I argue that the logic of the “automotive prosthetic“ in works by Paul McCarthy, Dennis Hopper, Ed Ruscha, Jeff Wall, John Baldessari, Richard Prince, Martha Rosler, Robert Smithson, Ed Kienholz, Julian Opie, and Cory Arcangel reveals a techno-genetic understanding of conceptual art, functioning in addition and alternatively to semiotics and various philosophies of language usually associated with conceptual art. These artworks show how the automobile, movement on roads and highways, and the automotive landscape of urban sprawl have transformed the human sensorium. I surmise that the car has become a prosthetic of the human body and is a technological force in the maieusis of the posthuman subject. I offer a reading of specific works of photoconceptual art based on experience, perception, and a posthumanist subjectivity in contrast to solely understanding them according to semiotics and linguistics.

MINING THE ARCHIVES: A POTTERY SEQUENCE FOR BORNO, NIGERIA

2003 ◽  
Vol 1 (1) ◽  
pp. 39-76 ◽  
Author(s):  
Graham Connah ◽  
S.G.H. Daniels
Keyword(s):  
Large Body ◽  
Archaeological Research ◽  
Independent Data ◽  
Frankfurt Am Main ◽  
Archaeological Pottery ◽  
New Findings ◽  
History Of ◽  
1960S And 1970S ◽  
The 1960S ◽  
Johann Wolfgang Goethe

New archaeological research in Borno by the Johann-Wolfgang-Goethe-Universität, Frankfurt am Main, Germany, has included the analysis of pottery excavated from several sites during the 1990s. This important investigation made us search through our old files for a statistical analysis of pottery from the same region, which although completed in 1981 was never published. The material came from approximately one hundred surface collections and seven excavated sites, spread over a wide area, and resulted from fieldwork in the 1960s and 1970s. Although old, the analysis remains relevant because it provides a broad geographical context for the more recent work, as well as a large body of independent data with which the new findings can be compared. It also indicates variations in both time and space that have implications for the human history of the area, hinting at the ongoing potential of broadscale pottery analysis in this part of West Africa and having wider implications of relevance to the study of archaeological pottery elsewhere.

Michel Foucault and Western Medicine

2019 ◽  
Vol 29 (2) ◽  
pp. 64-81
Keyword(s):  
Western Medicine ◽  
18Th Century ◽  
Medical Knowledge ◽  
Social Medicine ◽  
Western Society ◽  
1960S And 1970S ◽  
The Veil ◽  
The 1960S ◽  
The Individual ◽  
The 19Th Century

The article analyzes Michel Foucault’s philosophical ideas on Western medicine and delves into three main insights that the French philosopher developed to expose the presence of power behind the veil of the conventional experience of medicine. These insights probe the power-disciplining function of psychiatry, the administrative function of medical institutions, and the role of social medicine in the administrative and political system of Western society. Foucault arrived at theses insights by way of his intense interest in three elements of the medical system that arose almost simultaneously at the end of the 18th century - psychiatry as “medicine for mental illness”, the hospital as the First and most well-known type of medical institution, and social medicine as a type of medical knowledge focused more on the protection of society and far less on caring for the individual. All the issues Foucault wrote about stemmed from his personal and professional sensitivity to the problems of power and were a part of the “medical turn” in the social and human sciences that occurred in the West in the 1960s and 1970s and led to the emergence of medical humanities. The article argues that Foucault’s stories about the power of medical knowledge were philosophical stories about Western medicine. Foucault always used facts, dates, and names in an attempt to identify some of the general tendencies and patterns in the development of Western medicine and to reveal usually undisclosed mechanisms for managing individuals and populations. Those mechanisms underlie the practice of providing assistance, be it the “moral treatment” practiced by psychiatrists before the advent of effective medication, or treating patients as “clinical cases” in hospitals, or hospitalization campaigns that were considered an effective “technological safe-guard ” in the 18th and most of the 19th century.

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