Book review: Jiří Přibáň, legal symbolism: on law, time and European identity

This is a book review of Jiří Přibáň, Legal Symbolism: On Law, Time and European Identity, Ashgate, Aldershot, 2007, 226 pp, ISBN: 978-0-7546-7073-5

The metamorphosis of authority: a case study of the Aga Khan Development Network and the Ismaili Imamate

This research is a study of modern developments of the institutions of the Nizārī Ismaili imamate during the time of the present Ismaili Imam, Shāh Karīm al-Ḥusaynī, Aga Khan IV, as the 49th hereditary living Imam of Shiʿi Nizārī Ismaili Muslims, particularly addressing the formation of the Aga Khan Development Network (AKDN) and the functions of the Community institutions. Using the case study of the Aga Khan Development Network and the Nizārī Ismaili imamate, this research demonstrates that the three ideal types of authority as proposed by Weber, namely the traditional, charismatic and legal-bureaucratic types, are not sufficient to explain the dynamics of authority among Muslims. This is partly due to Weber’s belief in the uniqueness of Western civilisation, which is a product of his thesis on Protestant Ethics and partly because his ideal typical system does not work in the case of the Muslim societies. The Ismaili imamate with its multifarious institutions in contemporary times is the most suitable counter-example by which to powerfully demonstrate that Weberian models of authority fail to explain this phenomenon and it would indeed appear as a paradoxical institution if viewed with Weberian theses. The Ismaili imamate in contemporary times represents a paradigm shift and a transmutation not only as regards the Weberian models but also when viewed from inside the tradition of Shiʿi Muslim history. This evolutionary leap forward, which has been crystallised over the course of the past half a century, in the Ismaili imamate suggests the development of a new form of authority which is unprecedented. There are clearly various elements in this form of authority which could be discerned as rooted in tradition and history; however the distinctive elements of this new form of authority give it a defining and exciting dimension. There are several qualities which are peculiar to the contemporary condition of the Ismaili imamate and its style of leadership which are distinctive. Most importantly, while some central features, like succession by way of designation (naṣṣ) has not changed, there is one overarching quality which can best capture all these elements and that is the transmutation of the Ismaili imamate from the person of the Imam into the office of imamate and thus we are now facing the institutionalisation of the imamate and the office being the embodiment of the authority of the Imam. I have described this new development as a metamorphosis of the authority because it gives an entirely new form and content to the previously familiar concept of authority in the Shiʿi Ismaili Muslim tradition.

A dynamic role-playing platform for simulations in legal and political education

One big challenge in deploying games-based learning, is the high cost and specialised skills associated with customised development. In this paper we present a serious games platform that offers tools that allow educators without special programming or artistic skills to dynamically create three dimensional (3D) scenes and verbal and non-verbal interaction with fully embodied conversational agents (ECAs) that can be used to simulate numerous educational scenarios. We present evaluation results based on the use of the platform to create two educational scenarios for politics and law in higher education. We conclude with a discussion of directions for the further work.

Be careful what you wish for: the legal parameters of EU withdrawal

Easiness with which the political circles talk about withdrawal from the European Union is rather surprising and proves that the legal parameters of an EU exit are not treated seriously enough. In theoretical terms Article 50 TEU allows for a unilateral exit as well as for a consensual divorce. Arguably, the first is an interesting abstract proposition, which, however, in practical terms seems to be an unworkable solution. Hence, the only realistic option is a proper divorce based on a withdrawal agreement. As per Article 50 TEU, it would be negotiated by the European Union with a departing country and should cover the terms of withdrawal and “take account of future relations” between the EU and the divorcee. It is submitted that in order to avoid a legal vacuum, this agreement should not only “take account of future relations” but actually deal with them thoroughly. This will make the negotiations difficult and, most likely, time consuming. One also has to envisage a scenario whereby a country leaving the European Union would join EFTA and become a EFTA-EU Member State of the European Economic Area. Should that happen the scope of a EU withdrawal agreement would be limited to the terms of exit, while future relations between the divorcee and the European Union would be mainly covered by the EEA Agreement. This chapter unlocks the mechanics of Article 50 TEU and the withdrawal procedure it provides for. It covers the issues that should be attended to by the negotiators and provides an overview of dossiers that are likely be covered in a withdrawal agreement.

The Olympics, transnational law and legal transplants: the International Olympic Committee, ambush marketing and ticket touting

This paper concerns the origination, development and emergence of what might be termed ‘Olympic law’. This has an impact across borders and with transnational effect. It examines the unique process of creation of these laws, laws created by a national legislature to satisfy the commercial demands of a private body, the International Olympic Committee (IOC). It begins by critically locating the IOC and Olympic law and examining Olympic law as a transnational force. Using two case studies, those of ambush marketing and ticket touting, it demonstrates how private entities can be the drivers of specific, self-interested legislation when operating as a transnational organisation from within the global administrative space and notes the potential dangers of such legal transplants.