The foundations of the rule of law

Formal conceptions of the rule of law are popular among contemporary legal philosophers. Nonetheless, the coherence of accounts of the rule of law committed to these conceptions is sometimes fractured by elements harkening back to substantive conceptions of the rule of law. I suggest that this may be because at its origins the ideal of the rule of law was substantive through and through. I also argue that those origins are older than is generally supposed. Most authors tend to trace the ideas of the rule of law and natural law back to classical Greece, but I show that they are already recognisable and intertwined as far back as Homer. Because the founding moment of the tradition of western intellectual reflection on the rule of law placed concerns about substantive justice at the centre of the rule of law ideal, it may be hard for this ideal to entirely shrug off its substantive content. It may be undesirable, too, given the rhetorical power of appeals to the rule of law. The rule of law means something quite radical in Homer; this meaning may provide a source of normative inspiration for contemporary reflections about the rule of law.

Conflicts of law and the mutual recognition of same-sex unions in the EU

My thesis uses legal arguments to demonstrate a requirement for recognition of same-sex marriages and registered partnerships between EU Member States. I draw on the US experience, where arguments for recognition of marriages void in some states previously arose in relation to interracial marriages. I show how there the issue of recognition today depends on conflicts of law and its interface with US constitutional freedoms against discrimination. I introduce the themes of the importance of domicile, the role of the public policy exception, vested rights, and relevant US constitutional freedoms. Recognition in the EU also depends on managing the tension between private international law and freedoms guaranteed by higher norms, in this case the EU Treaties and the European Convention on Human Rights. I set out the inconsistencies between various private international law systems and the problems this creates. Other difficulties are caused by the use of nationality as a connecting factor to determine personal capacity, and the overuse of the public policy exception. I argue that EU Law can constrain the use of conflicts law or public policy by any Member State where these are used to deny effect to same-sex unions validly formed elsewhere. I address the fact that family law falls only partly within Union competence, that existing EU Directives have had limited success at achieving full equality and that powers to implement new measures have not been used to their full potential. However, Treaty provisions outlawing discrimination on grounds of nationality can be interpreted so as to require recognition in many cases. Treaty citizenship rights can also be interpreted favourably to mandate recognition, once private international law is itself recognised as an obstacle to free movement. Finally, evolving interpretations of the European Convention on Human Rights may also support claims for cross-border recognition of existing relationships.

Liberation or limitation? Understanding Iyengar Yoga as a practice of the self

This article explores the Foucauldian notions of practices of the self and care of the self, read via Deleuze, in the context of Iyengar yoga (one of the most popular forms of yoga currently). Using ethnographic and interview research data the article outlines the Iyengar yoga techniques which enable a focus upon the self to be developed, and the resources offered by the practice for the creation of ways of knowing, experiencing and forming the self. In particular, the article asks whether Iyengar yoga offers possibilities for freedom and liberation, or whether it is just another practice of control and management. Assessing Iyengar yoga via a ‘critical function’, a function of ‘struggle’ and a ‘curative and therapeutic function’, the article analyses whether the practice might constitute a mode of care of the self, and what it might offer in the context of the contemporary need to live better, as well as longer.

Resistivity imaging survey of the Roman barrows at Bartlow, Cambridgeshire, UK

Resistivity imaging was carried out on four large Roman barrows at Bartlow in Cambridgeshire. The geophysical survey formed part of a wider research project designed to record and assess the landscape context of the largest surviving Roman burial mounds in Britain. The barrows today range in height from 6.6 m to 13.2 m and their steep profile loosed particular practical and modelling challenges. Data were obtained using a Campus Geopulse resistance meter with up to 50 electrodes spaced at 1 m intervals and lines up to 76 m long. A total of 24 lines was obtained. Topographic corrections were applied to the pseudosections, whichwere inverted using Res 2 Dinv and Res3 Dinv. Resistivity imaging was particularly successful in identifying evidence for the antiquarian explorations of the site. Central collapse features or in-filled tunnels image as high resistance features in all barrows and in one (Barrow IV) there is also a low resistance feature in the approximate position of a known antiquarian tunnel. Barrow VI had a thick covering of high-resistivity that may relate to nineteenth century landscaping and reconstruction of this monument. Resistivity imaging also revealed possible evidence for ancient revetments in all four large barrows. Copyright (c) 2006 John Wiley & Sons, Ltd.

'Roman' or 'native' bodies in Britain: the evidence of late Roman nail-cleaner strap-ends

This paper reviews late Roman `nail-cleaner strap-ends', a group of objects first discussed by Hawkes and Dunning (1961). The precise function of these objects is unclear as their shape suggests use as toilet instruments but the split socket suggests that they were part of belt-fittings. We suggest a detailed typology and discuss the dating evidence and the spatial distribution of the type. Regardless of their precise function, it is argued in this paper that nail-cleaner strap-ends of this type are unique to late Roman Britain and thus represent a distinct regional type. The use of nail-cleaner strap-ends can be viewed in the context of gender associations, military status and religious beliefs.

Public libraries in the cities of the Roman Empire

A chapter based on a paper given at major conference, arguing that the civic and architectural contexts of many public libraries in the Roman world contributed strongly to their status as conspicuous 'public' buildings, and should inform the way we think of library functions in the Roman world

The practice of sustainable facilities management: Design sentiments and the knowledge chasm

The construction industry with its nature of project delivery is very fragmented in terms of the various processes that encompass design, construction, facilities and assets management. Facilities managers are in the forefront of delivering sustainable assets management and hence further the venture for mitigation and adaptation to climate change. A questionnaire survey was conducted to establish perceptions, level of commitment and knowledge chasm in practising sustainable facilities management (FM). This has significant implications for sustainable design management, especially in a fragmented industry. The majority of questionnaire respondents indicated the importance of sustainability for their organization. Many of them stated that they reported on sustainability as part of their organization annual reporting with energy efficiency, recycling and waste reduction as the main concern for them. The overwhelming barrier for implementing sound, sustainable FM is the lack of consensual understanding and focus of individuals and organizations about sustainability. There is a knowledge chasm regarding practical information on delivering sustainable FM. Sustainability information asymmetry in design, construction and FM processes render any sustainable design as a sentiment and mere design aspiration. Skills and training provision, traditionally offered separately to designers and facilities managers, needs to be re-evaluated. Sustainability education and training should be developed to provide effective structures and processes to apply sustainability throughout the construction and FM industries coherently and as common practice.