Neoliberalising a divided society? The regeneration of Crumlin Road Gaol and Girdwood Park, North Belfast

Regeneration projects take place within complex local policy environments and are also influenced by the global doctrine of neoliberalism, although the degree of influence will vary depending upon the historical, economic, social and political context. This article reviews and reflects upon the complexity of a neoliberalising policy environment in the regeneration of the divided city of Belfast. The territorial conflict in Northern Ireland has been expressed spatially and has thus affected urban regeneration. These issues are illustrated by a case study of the regeneration of the Crumlin Road Gaol and Girdwood Park in North Belfast, which sought to include both a neoliberalised economic development agenda and efforts to improve community relations through the promotion of shared space. The paper asks whether the management of community cohesion in cities experiencing conflict requires state intervention that at times goes beyond the ‘roll out’ and ‘roll back’ distinction found in neoliberal theory.

Bills of Rights:A Comparative Perspective

Bills of rights are currently a much debated topic in various jurisdictions throughout the world. Almost all democratic nations, with the exception of Australia, now have a bill of rights. These take a variety of forms, ranging from constitutionally entrenched bills of rights, such as those of the United States and South Africa, to non-binding statements of rights. Falling between these approaches are non-entrenched, statutory bills of rights. As regards the latter, a model which has become increasingly popular is that of bills of rights based on interpretative obligations, whereby duties are placed upon courts to interpret national legislation in accordance with human rights standards. The aim of this book is to provide a comparative analysis of the bills of rights of a number of jurisdictions which have chosen to adopt such an approach. The jurisdictions considered are New Zealand, the United Kingdom, the Australian Capital Territory and the Australian state of Victoria.

There have been very few books published to date which contain a detailed comparative analysis of the bills of rights which this book addresses. The book adopts a unique thematic approach, whereby six aspects of the bills of rights in question have been selected for comparative analysis and a chapter is allocated to each aspect. This approach serves to facilitate the comparative discussion and emphasise the centrality of the comparative methodology.

Sins of the Flesh: Zola, Naturalism and the Madeleine Redemption Narrative in Nineteenth-Century France

Mary Magdalene has endured over the centuries as a powerful icon for the redemption of the so-called sins of the flesh. In arguing that her appeal to writers was experienced no more keenly than in nineteenth-century France, this article reflects on the political, ideological and gender assumptions that are woven into the Madeleine narrative of redemption. It goes on to propose that, with the rise of the naturalist novel, relying on pseudo-scientific theories of pre-determination, the Madeleine myth is radically rewritten in Zola’s Madeleine Férat, an often neglected novel in which the Calvinist doctrine of original sin and predestination not only challenges the very notion of redemption from sexual waywardness, but inflects some of the defining principles of naturalism.

‘The Problem of the Future in Nineteenth-Century Spain’

This article examines the problems and paradoxes in the representation of the future in three nineteenth-century Spanish works: El futuro Madrid (1868) by Fernández de los Ríos, ‘Madrid en el siglo xxi’ (1847) by Neira de Mosquera, and Ni en la vida ni en la muerte by Juan Bautista Amorós (Silverio Lanza). While these texts demonstrate Spain’s participation in the general movement towards using the future as a setting for literary works, they do not corroborate the theory that the nineteenth century was a time of optimism and belief in the doctrine of Progress. Concepts derived from discussions of the future in the history of ideas, such as historia magistra vitae, are shown to be relevant to discussion of these futuristic fictions, in sometimes unexpected ways.

Legal liability of coaches: a UK perspective

Attracting more coaches is fundamental to achievement of the European dimension in sport and the further promotion of sport in the European Union. Given the emerging relationship between the law and sports coaching, recruitment of such volunteers may prove problematic. Accordingly, this article critically considers the legal liability of sports coaches. To inform this debate, the issue of negligent coaching is critically scrutinised from a UK perspective, uncovering a number of distinct legal vulnerabilities facing volunteer coaches. This includes the inherent limitations of ‘objective reasonableness’ when defining the standard of care required in the particular circumstances. More specifically, fuller analysis of the justification of customary practice, and the legal doctrine of in loco parentis, reveals important ramifications for all organisations providing training and support for coaches. In short, it is argued that proactively safeguarding coaches from professional liability should be a priority for national governing bodies, and, following the recently published EU Work Plan for Sport for 2014–2017, the Expert Group on Human Resource Management in Sport. Importantly, given the EU’s supporting, coordinating and supplementing competence in developing the European dimension in sport, a Commission funded project to address the implications of the ‘compensation culture’ in sport is also recommended.

Murray v McCullough (as Nominee on Behalf of the Trustees and on Behalf of the Board of Governors of Rainey Endowed School) [2016] NIQB 52

Considers the Northern Ireland Queen’s Bench Division ruling in Murray v McCullough concerning the duty of care incumbent upon the school with regard to the wearing of mouth guards by pupils when playing hockey. Comments on the limitations of the legal doctrine of in loco parentis in cases of professional negligence and, how ‘sports law’ jurisprudence might prove instructive in sports negligence cases.

L'Europe et les partis politiques nationaux: Les lecons d'un

European integration remains a 'non-cleavage' in relation to the Lipset-Rokkan model, as it has not produced significant restructurings of national party systems. Yet, while not effecting the terms of interparty competition, Europe has nevertheless come to occupy an increasingly large place in national political debates. Since the early 1990s, Euroscepticisms have taken root, to varying degrees, across the entire continent. This article analyses the rise of these Eurosceptic tendencies, examining the phenomenon in terms of both the Europeanisation of national political life and the wider emergence of forms of protest politics. The analysis demonstrates how European questions have been absorbed into established party structures, while at the same time pointing towards a renewed research agenda which pays greater attention both to the discursive dimension of political life and to the roles played by national parties as European actors.

Common Mistake in Contract Law

English law has long struggled to understand the effect of a fundamental common mistake in contract formation. Bell v Lever Brothers Ltd [1932] AC 161 recognises that a common mistake which totally undermines a contract renders it void. Solle v Butcher [1950] 1 KB 671 recognises a doctrine of 'mistake in equity' under which a serious common mistake in contract formation falling short of totally undermining the contract could give an adversely affected party the right to rescind the contract. This article accepts that the enormous difficulty in differentiating these two kinds of mistake justifies the insistence by the Court of Appeal in The Great Peace [2003] QB 679 that there can be only one doctrine of common mistake. However, the article proceeds to argue that where the risk of the commonly mistaken matter is not allocated by the contract itself a better doctrine would be that the contract is voidable.

Thou art a strange fellow:Dissonance and Discordance in Intercultural Shakespeares

Any performance of the intercultural necessarily, and always, advances the question of the cultural since it involves the inter-action and interplay of unique and particular cultural performance styles and modes. Intercultural theatre, according to Pavis, is a hybrid theatrical form “drawing upon performance traditions traceable to distinct cultural areas. The hybridization is very often such that the original forms can no longer be distinguished.” The result of this collaboration of forms is, however, often not a ‘hybrid’ where cultural texts work cohesively and in unison to produce a harmonious mise en scene. Instead, intercultural performances are performances at the interstices and at the intersections of cultures. They raise problems of authorship, authority and performance unities and expose a sense of cultural foreignness. Consequently, intercultural performance can be said to be meta-theatre that queries the construction of culture since it places alongside performance traditions that confront.

Music, as performative unit, is a significant line of action by which the intercultural spectacle is constructed. Integral to Western theatre, and certainly more so in traditional Asian performance forms, the deliberate ‘fusion’ and ‘blending’ of musical styles in intercultural performances underscore not a harmony of diverse sounds but the possible dissonance and discordance already performed by the visual and verbal texts. The paper thus seeks to examine, in particular, the musical elements in intercultural performances such as Ong Keng Sen’s Lear (Theatreworks, 1999) and explore the ways in which music could possibly intensify the confrontation of performative texts resulting in a disruption of performance unities. When watching and listening to Lear, the question of the ‘local’ thus arises not merely with identification and alienation from what is seen but also what is familiar and foreign to one’s ears.

Yeats's Eugenical and Psychical Aesthetics

It should never be forgotten that Yeats is perfectly capable of contradicting himself even about some of his most cherished speculations. Nevertheless, the theoretical aspect of his later work exhibits a marked internal coherence: it is not possible to separate his ideas about society, his theories about the spirit world, his doctrine of the image, his cyclical theory of history. It is for this reason that I have referred, in brief, to “Eugenical and Psychical Aesthetics.”

Commentary on Gyles v. Wilcox (1741)

Case in which Lord Hardwicke introduces the concept of the ‘fair abridgement', and which is generally regarded as the forerunner to the broader doctrine of ‘fair use' developed in the courts throughout the nineteenth century. The document includes two different reports of the decision, as well as an essay by Samuel Johnson on the right to abridge an author's work.
The commentary describes the background to the case, in particular the nature of periodical publication throughout the eighteenth century, the rise of the magazine format in the 1730s, as well as relevant case-law both prior to, and following, the decision. The commentary suggests that while the decision in Gyles can be understood as one guided by public interest arguments similar to those informing the rationale behind the Statute of Anne 1710 (that is, the encouragement of learning and production of useful books) (uk_1710), it can equally be regarded as one in which the court, in effect, expanded the rights of the copyright owner beyond the protections provided by the legislation.

The Application of the Margin of Appreciation Doctrine in Freedom of Expression and Public Morality Cases

This paper discusses whether or not Strasbourg organs have created principled criteria governing the use of the doctrine within the context of free speech and public morals. The first part of the paper gives an overview of the doctrine and further examines how the doctrine has evolved within the European context. Part II focuses on the rationale behind the doctrine and discusses the legitimacy of the doctrine in light of its application to various forms of free speech. Part III covers one of the most problematic applications of the doctrine in matters concerning public morality, where Contracting States have a wide margin of appreciation. This part will discuss whether or not the “lack of European consensus” criterion is an elusive concept that might create a risk of abuse in the application of the doctrine. The paper concludes that while margin of appreciation today serves as a flexible instrument between the local necessities and the universal application of human rights, the imprecise and contradictory points might lead to its potential abuse that might endanger its future existence.