Enforcing Employment Discrimination Law - Potential Transplants from Italy to Britain and Vice Versa?

While substantive EU non-discrimination law has been harmonized in great detail, the enforcement regime for EU non-discrimination law consists merely of a few isolated elements. Thus, the pursuit of unity through harmonization in substantive EU law is accompanied by considerable regulatory autonomy for Member States in securing the efficiency of those laws, reflecting the diversity of national enforcement regimes, and resulting in twenty-seven different national models for enforcing discrimination law in labour markets. This article pursues two connected arguments through a comparison of rules for enforcing non-discrimination law in labour markets in Britain and Italy. First, it argues that enforcing non-discrimination law in labour markets is best achieved when responsive governance, repressive regulation and mainstreaming equality law are combined. Second, the article submits that diversity of national legal orders within the EU is not necessarily detrimental, as it offers opportunities for mutual learning across legal systems.The notion of mutual learning across systems is proposed in order to analyse the transnational migration of legal ideas within the EU. Such migration has been criticized in debates about the ‘transplantation’ of legal concepts or legal irritation through foreign legal ideas, in particular by comparative labour lawyers. However, EU harmonization policies in the field of non-discrimination law aim to impact on national labour laws. The article develops the notion of mutual learning across legal systems in order to establish conditions for transnational migration of legal ideas, and demonstrates the viability of these concepts by applying them to the field of non-discrimination law

Barrier characteristics of PtSi/p-Si schottky diodes as determined from I-V-T measurements

The current-voltage-temperature characteristics of PtSi/p-Si Schottky barrier diodes were measured in the temperature range 60-115 K. Deviation of the ideality factor from unity below 80 K may be modelled using the so-called T-0 parameter with T-0 = 18 K. It is also shown that the curvature in the Richardson plots may be remedied by using the flatband rather than the zero-bias saturation current density. Physically, the departure from ideality is interpreted in terms of an inhomogeneous Schottky contact. Here we determine a mean barrier height at T = 0 K, phi(b)(-0) = 223 mV, with an (assumed) Gaussian distribution of standard deviation sigma(phi) = 12.5 mV. These data are correlated with the zero-bias barrier height, phi(j)(0) = 192 mV (at T = 90 K), the photoresponse barrier height, phi(ph) = 205 mV, and the flatband barrier height, phi(fb) = 214 mV. Finally, the temperature coefficient of the flatband barrier was found to be -0.121 mV K-1, which is approximately equal to 1/2(dE(g)(i)/dT), thus suggesting that the Fermi level at the interface is pinned to the middle of the band gap.

Islamist Versus Islamist: Rising Challenge in Gaza

Islam's diversity is a direct result of centuries of schism and factionalism, and presents a challenge to the original spirit of unity as envisaged by its founder, the Prophet Mohammed. Rivalry within Islam undermines the precedent notion of unity through communal belonging (tawhid and ummah). Yet in the twenty-first century this diversity is ignored, and political Islam is represented as being more of a monolith than a spectrum of ideas and aspirations. Generally, the materialization of new Islamist groups is a challenge to those who hold that unity is all. In the Gaza Strip, specifically, the dominant Islamist actor, Hamas, is facing internal challenges from other Islamist elements. These rival Islamists are also influenced by events across their border in post-revolutionary Egypt where a plethora of new Islamist actors are vying for political space and power. This article deals with Hamas's Islamist rivals, and the effects they have had on Hamas's governance of the Gaza Strip, and political and religious legitimacy within it. It will focus on ideological and violent disputes between the Islamist elements in Gaza, and the means by which Hamas and its security elements have tackled newly emerging rivals.

Religion, anti-slavery, and identity: Irish Presbyterians, the United States, and transatlantic evangelicalism, c. 1820-1914

Scholars have devoted much attention to the causes and consequences of Presbyterian emigration from Ulster to the thirteen colonies before 1776. This article moves beyond the eighteenth century to examine the continued religious links between Presbyterians in Ireland and the United States in the nineteenth century. It begins with an examination of the influence of evangelicalism on both sides of the Atlantic and how this promoted unity in denominational identity, missionary activity to convert Catholics, and revivalist religion during the first half of the century. Though Irish Presbyterians had great affection for their American co-religionists, they were not uncritical, and significant tensions did develop over slavery. The article then examines the religious character of Scotch-Irish or Ulster-Scots identity in the late nineteenth century, which was articulated in response to the alleged demoralising influence of large-scale Irish immigration during and after the Famine of the 1840s, the so-called Romanisation of Catholicism, and the threat of Home Rule in Ireland. The importance of identity politics should not obscure religious developments, and the article ends with a consideration of the origins and character of fundamentalism, perhaps one of the most important cultural connections between Protestants in Northern Ireland and the United States in the twentieth century.

'Pues tanto se esconde': Elusion at (inter)play in Ana Caro's El conde Partinuplés

El conde Partinuplés (first published 1653) is one of only two extant plays written by the Sevillan poet/dramatist Ana Caro Mallén de Soto (‘la décima musa sevillana’). Despite McKendrick's dismissal of the play as ‘extremely bad’, it has been the object of substantial critical scrutiny since the 1970s, impelled in great part by the production of modern editions (Luna and Delgado) and by Kaminsky's bio-biographical study (1973). Two responses have dominated: analysis of the play's imaginative reconceptualization of source material (most notably the Classical myth of Cupid and Psyche as contained in Apuleius and transmitted via the anonymous French chivalric romance Portonopeus de Blois; and more contemporary models, such as Calderón's La vida es sueño); discussions of the play from a gender/feminist perspective. There is some inevitable entanglement in these approaches, areas of ideological concurrence, but also of contradiction. This article will offer a critical synthesis of these lines of enquiry around an analysis of the play's patterns of non-identical repetition and, following Hubert's theory of ‘double movement’, will move beyond these to consider the generative and potentially transcendent nature of the interplay of inscription (text) and transcription (interpretive performance). A subversive strategy of elusion underpins this interference, a dynamic, mobile frame within which ‘envidia’ (‘celos’) functions as a prominent dramatic catalyst, directed outwards, and mobilized both as a potent catalyst for the female dramatist's artistic creativity and as an antagonistic interrogation of broader socio-cultural forms of inequality. The play's (new) marvellous versions and inversions expand the functions of the sign beyond Renaissance resemblance and repetition, challenging its promotion of unity and stable identity, and opening up an interactive space between the represented (world/product) and the representing (stage/process). The power of authorities, as figured in/through the dramatic and rhetorical devices of the play, is self-consciously precarious, but it is this very anxious articulation that challenges the very authority of power.

The Ulster Covenant and the Pulse of Protestant Ulster

The signing of the Ulster Covenant on 28 September 1912 by almost 450,000 men and women was a powerful act of defiance on the part of Unionists in the context of what they perceived as the threat to their way of life represented by the Liberal Government's policy of Irish Home Rule. This article attempts to look beyond the well-studied leadership figures of Carson and Craig in order to fashion insights into the way Ulster Protestant society was mobilised around the Covenant and opposition to Home Rule. It draws attention to hitherto over-shadowed personalities who can be said to have exerted crucial local influence. It also contends that although pan-Protestant denominational unity provided the basis for the success of the Covenant, the Presbyterian community was particularly cohesive and purposeful in the campaign. The article further argues that the risk-taking defiance that came more easily to the Presbyterians, on account of a troubled history, largely evaporated in the new political circumstances of Northern Ireland when it became a separate devolved political entity within the UK from 1921.

Religion and Transformation in South Africa? Institutional and Discursive Change in a Charismatic Congregation

A number of Christian churches in South Africa have proclaimed their commitment to reconciliation and the elimination of unjust inequalities. This study analyses how these commitments are being worked out at the micro-level of a congregation. Using an ethnographic approach, I explore how a charismatic congregation in Cape Town has changed from being nearly all-white to being more inclusive. I explore links between individual, cognitive identity change and institutional change; and consider the discourses which justify change, including their emphasis on 'unity in diversity' and 'restitution'. I outline the limitations of change, including the persistence of 'racialised' leadership structures and the discursive privileging of unity over restitution. This allows us to understand how micro-level changes take place, to explore their potentialities and limitations, and to apply these insights to other contexts.

'Something That Unites Us All': Understandings of St. Patrick's Day Parades as Representing the Irish National Group

The present study investigates how attendees at national celebratory crowd events-specifically St. Patrick's Day parades-understand the role of such events in representing and uniting the national community. We conducted semi-structured interviews with people who attended St. Patrick's Day parades in either Dublin or Belfast. In year 1, full-length interviews were conducted before and after the events (N=17), and in years 1 and 2, shorter interviews were conducted during the events (year 1 N=170; year 2 N=142). Interview data were analysed using thematic analysis, allowing the identification of three broad themes. Participants reported that (i) the events extend the boundary of the national group, using participation to define who counts as Irish; (ii) the events strategically represent the nature of the national group, maximising positive images and managing stereotypical representations; and (iii) symbolism serves to unify the group but can also disrupt already fragile unity and so must be managed. Overall, this points to a strategic identity dimension to these crowd events. We discuss the implications of these findings for future research in terms of the role of large-scale celebratory events in the strategic representation of everyday social identities.

Irish language education and the national ideal: The dynamics of nationalism in Northern Ireland

Since the beginning of the Northern Ireland conflict in the late 1960s, Irish nationalism has been identified as a prominent force in the political culture of the state. Recent studies have suggested, however, that the ‘Nationalist’ population has become increasingly content within the new political framework created by the peace process and the aspiration for Irish unity diminished. In placing the Northern Ireland situation within the theoretical framework of nationalism, this paper will analyse how these changing priorities have been possible. Through an analysis of Irish language study in Northern Ireland's schools, the paper will examine how the political ideals espoused by the nationalist Sinn Féin Party reflected the priorities of the ‘nationalist community’. It will be contended that the relationship between the ideology and ‘the people’ is much more complex than is often allowed for and that educational inequalities are a significant contributing factor to this.

Debating Darwin at the Cape

This paper focuses attention on the fortunes of Darwin's theory among the English-speaking community in Cape Colony during the latter part of the nineteenth century. The paper begins with a review of early encounters with Darwin dwelling particularly on the response of figures like Roderick Noble - professor and editor of the Cape Monthly Magazine, the geologist John Shaw, and Sir Henry Barkly, governor of the colony. Besides these more theoretical responses, Darwin's ideas were also mobilised in a range of scientific inquiries on such subjects as birds and butterflies. But most conspicuous was the use of evolutionary thought-forms in the work of the eminent philologist Wilhelm Bleek, cousin of Darwin's leading German apologist, Ernst Haeckel. The prevailing sense is of a liberal intelligentsia calmly interacting with a novel theory with all due deference. During the 1870s, an address by Langham Dale at the South African Public Library injected new energy into the Darwin discussion. Dale expressed disquiet over some of the anthropological implications of evolution as well as its apparent reductionism, and this stimulated a range of reactions. Several anonymous commentators responded but the most sustained evaluation of Dale's position emanated from the Queenstown physician and later politician, Sir William Bisset Berry. Then, in 1874, copious extracts from John Tyndall's infamous 'Belfast Address' were printed in the Cape Monthly and this added yet further impetus to the debate. Tyndall's seeming materialism bothered a number of readers, not least Hon William Porter, former attorney-general of Cape Colony. To figures like these the materialist extrapolations of radical Darwinians such as Haeckel were deeply disturbing, not just for religious reasons, but because they seemed to destabilise the moral and pedagogic progressivism that lay at the heart of their civilising credo. While reservations about Darwin's proposals were certainly audible, taken in the round Darwinian conversations among the English-speaking literati at the Cape were conducted with liberal sentiments, not least when evolutionary science approached questions of race. For Darwin's writings were seen to confirm a monogenetic account of the origin and unity of the human race, and could readily be called upon to justify the paternalistic ideology that governed colonial affairs.

Seasons, Family and Nation in American Horror Story

Arguably, the title of American Horror Story sets out an agenda for the program: this is not just a horror story, but it is a particularly American one. This chapter examines the way that the program uses seasonal celebrations as a way of expressing that national identity, with special emphasis on the importance of family to those celebrations. The particular seasonal celebrations focused on are those of Halloween and Christmas, each of which has associations with the supernatural. However, the use of the supernatural at those seasons is one which is particularly associated with the US, presenting Halloween as a time of supernatural incursion and horror, and of disruption to society and the normal order of things, while Christmas is presented more as a time of unity for the family. Where the supernatural emerges in American Christmas television, it is typically as a force to encourage togetherness and reconciliation, rather than as a dark reminder of the past. While these interpretations of these festivals have been broadcast abroad by American cultural products, not least American television, they have different associations and implications elsewhere, as will be shown. So the particular uses of these festivals is part of what marks American Horror Story out as American, as is the way that the program's narratives have been structured to fit in with US television scheduling. This chapter, then, argues that the structures of the narratives combines with their use of the festivals of Halloween and Christmas in order to enhance the sense of this series as a particularly American horror story.