State power matters: power, the state and political struggle in the post-war American novel

This article is concerned with resituating the state at the centre of the analytical stage and, concomitantly, with drawing attention to the dangers of losing sight of the state as a locus of power. It seeks to uncover the relationship between two related lines of critical inquiry: Marxist and Foucauldian theories of the state; and the attempts by three postwar American novelist (Ken Kesey, William Burroughs and E.L. Doctorow) to determine the nature and extent of this power and to consider under what conditions political struggle might be possible. It argues that such a move is needed because recent critical analysis has been too preoccupied by corporeal micropolitics and global macropolitics, and that the postwar American novel can help us in this move because it is centrally concerned with the repressive potentiality of the US state. It maintains that the resuscitation of Marxist state theories in early 1970s and a debate between Poulantzas and Foucault is intriguingly foreshadowed and even critiqued by these novels. Consequently, it concludes that these novels constitute an unrecognized pre-history of what would become one of the key intellectual debates of the late twentieth century: an engagement between Marxist and post-structuralist conceptions of the power and resistance.

Rambling in the Field of Modern Identity: Some Speculations on Irish Traditional Music

This article argues that Irish “traditional” music is modern in its form and history, and explores the ramifications of this thesis for understanding of the peculiarities of Irish modernity and identity. The article exhaustively surveys the historiography of Irish traditional music and uniquely interprets this literature in relation to competing conceptions of identity and modernity articulated by Taylor, Appiah and Žižek. It also interprets Irish traditional music in relation to conceptions of Irish modernity articulated in a wide range of disciplines within Irish studies. Reflecting on the author’s lifelong engagement with traditional music performance, the article argues that the resilience of traditional music within the broader culture is connected to the peculiar character of Irish modernity, and that it suffers from problems of aesthetic exhaustion shared by much modern art in the contemporary conjuncture.

Murder and the Ruthless Risk-Taker

The main focus of this article is the ways in which the problem of reckless murder is dealt with in the common law world. In a case of reckless murder it may not be possible to prove that the accused set out to kill or do serious injury; but the killing is nevertheless thought to merit classification as murder rather than manslaughter. This may be because the case is thought to be analytically indistinguishable from murder, or because the level of culpability demonstrated by the conduct in question is thought to deserve that stigma on other grounds. This article seeks, by reference to various common law systems, to analyse the different techniques used to classify the reckless killer as a murderer, and to compare their advantages and disadvantages in the light of the different rationales used to justify such a classification. The article concludes by arguing that the question whether reckless killers should be classified as murderers—and if so how—can only be decided by reference to broader conceptions of the nature of criminal culpability.

So mechanical or routine: The not original in Feist

The United States Supreme Court case of 1991, Feist Publications, Inc. v. Rural Tel. Service Co., continues to be highly significant for property in data and databases, but remains poorly understood. The approach taken in this article contrasts with previous studies. It focuses upon the “not original” rather than the original. The delineation of the absence of a modicum of creativity in selection, coordination, and arrangement of data as a component of the not original forms a pivotal point in the Supreme Court decision. The author also aims at elucidation rather than critique, using close textual exegesis of the Supreme Court decision. The results of the exegesis are translated into a more formal logical form to enhance clarity and rigor.


The insufficiently creative is initially characterized as “so mechanical or routine.” Mechanical and routine are understood in their ordinary discourse senses, as a conjunction or as connected by AND, and as the central clause. Subsequent clauses amplify the senses of mechanical and routine without disturbing their conjunction.


The delineation of the absence of a modicum of creativity can be correlated with classic conceptions of computability. The insufficiently creative can then be understood as a routine selection, coordination, or arrangement produced by an automatic mechanical procedure or algorithm. An understanding of a modicum of creativity and of copyright law is also indicated.


The value of the exegesis and interpretation is identified as its final simplicity, clarity, comprehensiveness, and potential practical utility.

New peace, new teachers: student teachers’ perspectives on diversity and community relations in Northern Ireland

This paper reflects upon student teachers’ conceptions of inter-community relations and the preparation they receive to address issues of diversity and mutual understanding. The study in Northern Ireland is set against a backdrop of political, social and educational change, where a shared, peaceful future appears possible. Student teachers at a Catholic institution and a predominantly Protestant institution indicated a willingness to engage with issues concerning diversity and inter-community relations, despite having a limited knowledge of the concepts. However they also demonstrated clear views about the relevance and value of the preparation they received. The findings are evaluated using multicultural theory.

The good, the bad and the 'not so bad': reflecting on moral appraisal in practice

The aim of this paper is to facilitate reflection on the moral merit of practitioners in various contexts. Insight is gained from Aristotelian and Kantian accounts of moral character and an original framework for reflection is presented as an adjunct to ethical theory and principles considered when appraising others. In relation to states of character there is an irreconcilable difference between Kantian (deontic) and Aristotelian (aretaic) conceptions of the nature of full virtue (excellence of character), but at the same time it can be argued that in relation to practice their approaches complement each other. It is also argued that in relation to caring for the vulnerable, Aristotle’s conception of full virtue is more compelling than Kant’s. On the other hand, Kant’s notion of self - serving action is important in nursing and it therefore needs to be considered when reflecting on professional conduct. The conclusion reached is that Aristotelian and Kantian accounts of character appraisal should be used in a combined approach to moral appraisal. This approach draws on the accounts of both philosophers and offers valuable insight into moral character, professional conduct and, in a more formal setting, fitness to practise.

Will attracting the creative class boost economic growth in old industrial regions? A case study of Scotland

Attracting in-migration of the creative class has been argued by Florida (2002) to be a route to higher economic growth in the era of the knowledge economy. This paper critically evaluates this proposition in relation to old industrial regions using the example of Scotland. The paper presents an assessment of, in the first instance, to what extent there is a shortage of skilled, talented and entrepreneurial individuals and, in the second instance, whether a talent attraction strategy alone can hope to attract such people to Scotland. It is proposed that for most migrants the availability of appropriate economic opportunities is a prerequisite for mobility. However, despite uncertain evidence that place attractiveness is a catalyst to mobility among the so-called creative class, this is not a reason for dismissing talent attraction programmes. Instead it is argued that talent attraction programmes have the potential to contribute to old industrial economies, but their success will be greatest when talent attraction is carefully targeted and based on economic realities rather than the marketing of ethereal conceptions of place attractiveness.

Learning design contingent valuation (LDCV): NOAA guidelines, preference learning and coherent arbitrariness

We extend the contingent valuation (CV) method to test three differing conceptions of individuals' preferences as either (i) a-priori well-formed or readily divined and revealed through a single dichotomous choice question (as per the NOAA CV guidelines [K. Arrow, R. Solow, P.R. Portney, E.E. Learner, R. Radner, H. Schuman, Report of the NOAA panel on contingent valuation, Fed. Reg. 58 (1993) 4601-4614]); (ii) learned or 'discovered' through a process of repetition and experience [J.A. List, Does market experience eliminate market anomalies? Q. J. Econ. (2003) 41-72; C.R. Plott, Rational individual behaviour in markets and social choice processes: the discovered preference hypothesis, in: K. Arrow, E. Colombatto, M. Perleman, C. Schmidt (Eds.), Rational Foundations of Economic Behaviour, Macmillan, London, St. Martin's, New York, 1996, pp. 225-250]; (iii) internally coherent but strongly influenced by some initial arbitrary anchor [D. Ariely, G. Loewenstein, D. Prelec, 'Coherent arbitrariness': stable demand curves without stable preferences, Q. J. Econ. 118(l) (2003) 73-105]. Findings reject both the first and last of these conceptions in favour of a model in which preferences converge towards standard expectations through a process of repetition and learning. In doing so, we show that such a 'learning design CV method overturns the 'stylised facts' of bias and anchoring within the double bound dichotomous choice elicitation format. (C) 2007 Elsevier Inc. All rights reserved.

Self-Care, the Body and Identity: The Non-Abelist Consumer Perspective

Consumers confined to the home due to disability or long term illness are the subjects of this study. Home confined consumers are not subject to the public gaze but are nevertheless just as conscious of idealised conceptions of what constitutes a normalised body and strive to attain this by means of highly disciplined body self-care practices. This paper examines their consumption experiences and finds that they strive to create a disciplined approach to inner and outer body maintenance. They do so in order to maintain and develop self-identity, and even the survival of the self in their self-created marketplaces.

Travelling Images, Images of Travel in Nicolas Bouvier's L'Usage du monde

Sketches and photographs are a familiar tool of the traveller-writer, who commonly draws on them when transforming experience into a textual narrative. The verbal thus displaces the visual — the latter retained, if at all, as mere illustration — in ways that echo James Heffernan's definition of ekphrasis as the ‘verbal description of visual representation’. Yet Nicolas Bouvier's 1963 travel narrative L'Usage du monde challenges conventional conceptions of ekphrasis. Juxtaposing the stark ink drawings of Thierry Vernet — Bouvier's travelling companion — with Bouvier's textual narrative, L'Usage du monde shifts representation away from a hierarchical relationship between verbal and visual; it offers instead an account of other cultures that is grounded in polyphony and exchange. This article applies Bouvier's own image of travel as a mosaic to the dual narrative form (or ‘iconotext’, to use Michael Nerlich's term) in order to consider a range of fluid relationships between Bouvier's text and Vernet's drawings. In examining these relationships of amplification, reduction, and absence, the article argues that the plurality of the narrative prompts a rethinking of conventional, binary paradigms of intercultural contact. Ultimately, the iconotextual nature of L'Usage du monde can be interpreted as a metaphor for the processes of cultural translation and transculturation that are central to Bouvier's travelling ethos.

Network[ed] Listening – towards a de-centering of beings

In this paper, I question modes of listening in network music performance environments, and specifically draw on my experience as a performer listening in these scenarios. I situate network listening within the context of current music making, and refer to changes in compositional practices that draw specific attention to listening. I argue that some of these compositional developments play a determining role in articulating a new discourse of listening. Eric Satie's concept of Furniture Music, Schaeffer's ideas on reduced listening, Oliveros' deep listening practices as well as digital music platforms all serve to show a development towards a proliferation in listening experiences. I expand this narrative to listening practices in network performance environments, and identify a specific bodily fragility in listening in and to the network. This fragile state of listening and de-centered kind of performative being allow me to draw parallels to the Japanese art form Butoh and Elaine Scarry's metaphor of beauty. My own performance experiences, set within the context of several critical texts, allow me to see network[ed] listening as an ideal corporeal state, which offers a rethinking of linear conceptions of the other and a subject's own relation with her world. Ultimately, network[ed] listening posits listening as a corporeal and multi-dimensional experience that is continuously being re-shaped by technological, socio-political and cultural concerns.

Religion, Human Rights, Equality and the Public Sphere

This article distinguishes three different conceptions of the relationship between religion and the public sphere. The reconciliation of these different aspects of freedom of religion can be seen to give rise to considerable difficulties in practice, and the legal and political systems of several Western European countries are struggling to cope. Four recurring issues that arise in this context are identified and considered: what is a 'religion' and what are 'religious' beliefs and practices for the purposes of the protection of 'freedom of religion', together with the closely related issue of who decides these questions; what justification there is for a provision guaranteeing freedom of religion at all; which manifestations of religious association are so unacceptable as to take the association outside the protection of freedom of religion altogether; and what weight should be given to freedom of religion when this freedom stands opposed to other values. It is argued that the scope and meaning of human rights in this context is anything but settled and that this gives an opportunity to those who support a role for religion in public life to intervene.