CHAPTER IV. The Argument from Tacit Consent

Keyword(s):  
2019 ◽  
pp. 202-203
Author(s):  
Judith N. Shklar

In this short chapter, which mainly consist of board notes which accompanied her lectures, the reader is given a hint at what Shklar intended to argue: the complex relationship between democracy, tacit consent, law-bound rule, justice, and public conduct.


2019 ◽  
Vol 32 (4) ◽  
pp. 741-757
Author(s):  
Elisabeth Schweiger

AbstractOver the last decade, the concept targeted killing has received much attention in debates on the customary interpretation of the right to self-defence, particularly in the context of practices such as US armed drone attacks. In these debates, government silence has often been invoked as acquiescence to the jus ad bellum aspects of targeted killing. Focusing on the question of state silence on targeted killing practices by the Israeli and US governments in recent years, this article investigates over 900 UN Security Council and Human Rights Council debates and argues that there has been no tacit consent to targeted killing. The analysis firstly shows that the majority of states have condemned Israeli targeted killing practices and have raised concerns about armed drone attacks, while falling short of directly protesting against US practices. The article, secondly, applies the customary international law requirements for acquiescence and challenges the idea that silence on US armed drone attacks can be understood as a legal stance towards targeted killing. The article, finally, investigates the political context and engages with alternative interpretations of silence. Contextualizing acts of protest and lack of protest within an asymmetrical political context, the article posits that the invocation of silence as acquiescence in the case of targeted killing is problematic and risks complicity of legal knowledge production with the violence of hegemonic actors.


2019 ◽  
Vol 33 (3) ◽  
pp. 819-842
Author(s):  
Yi-Tang Lin

Summary Using an approach based on the sociology of quantification, this article illustrates how actors utilised statistics when importing family planning to Taiwan and exporting their experience to international policy makers. The functions of statistics—producing knowledge and making policies—assisted the implementation of international programmes in Taiwan, where any actions leading to a population decrease were prohibited in the 1950s. The Population Council and Taiwanese officials first secured the provincial government’s tacit consent by claiming the programme to be an experiment in general population policy rather than one focused on the insertion of intra-uterine devices (IUDs). They went on to win the central government’s endorsement in 1964 by presenting IUD insertions as tools for achieving the ideal population size for economic development. Finally, experts packaged and repackaged the Taiwan programme as a success by wielding locally-collected statistics, reframing the programme to fit the conclusions of international research at the time.


1986 ◽  
Vol 14 (2) ◽  
pp. 291-306 ◽  
Author(s):  
Paul Russell
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Author(s):  
Roman Bechtel

According to the Resource Based View of strategic management, analyzing the human resource of a specific firm in terms of its potential to serve as a source of a sustainable competitive advantage requires an examination of – among others – the resource value. The question of how to parameterize this value, i.e., how to calculate human capital, straightly leads to an integration of RBV reasoning with market based models of the competitive environment at the factor and product market side. However, there seems to be a tacit consent among strategy scholars that the only adequate market mechanism to be used for resource valuation is the product market with the economic rents effectively created there. Yet this regularly ends in a tautology criticism of the RBV. It thus is the particular purpose of this paper to examine what market mechanism really is the adequate one to use for the calculation of human capital. For this, a deductive methodology is used. In advancing the idea of a product market orientation, one encounters some major dilemmas ultimately leading to the conclusions that a product market based resource valuation is neither useful nor possible and that the resource value must be measurable independent from any product market success – thus invalidating the tautology criticisms at the same time. This is in direct and flagrant contradiction to the prevailing academic view. As a consequence of this, e.g., “Value Added Approaches” and “Return Based Approaches” of Human Capital Management are discredited as not conform to theoretical requirements and not useful for practical business management, whereas factor market based methods alone prove helpful.


2017 ◽  
Vol 30 (2) ◽  
pp. 434-455
Author(s):  
Elmien WJ Du Plessis

Estoppel is a well-known defence against (or limitation on) the rei vindicatio. This would be the case for example where the owner by some representation creates the impression that a third party is the owner of a thing and that the third party has the capacity to alienate the property. The bona fide third party can, when the owner then institutes the rei vindication to recover his property, raise estoppel and preclude the real owner from claiming his property. Before 2002, if one wanted to evict an unlawful occupier from certain residential premises, one would institute the rei vindicatio. In Ndlovu v Ngcobo; Bekker v Jika [2002] 4 All SA 384 (SCA) the court, however, ruled that the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) must be used in all instances of evicting people from urban residential premises. The question is: does estoppel serve as a defence/limit in the application of PIE? Surprisingly few cases deal with this issue. The court in Joe Slovo made a few remarks about the possibility of using estoppel as a defence against the rei vindicatio by looking at the interpretation of ‘tacit consent’ required by PIE. This article will interpret provisions of PIE and look at case law that deals with the use of estoppel in lease cases. It will conclude by remarking on the feasibility of using estoppel as a defence in PIE eviction cases.


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