Human rights and mortgage repossession: beyond property law using Article 8

Following the Supreme Court decisions in Manchester CC v Pinnock and Hounslow CC v Powell, this article examines the possible impact of Article 8 of the European Convention on Human Rights and Fundamental Freedoms upon protection of the home in creditor repossession proceedings. The central argument advanced is that, although occupiers may not all be protected through property law, they may enjoy an independent right to respect for their home under Article 8, which should be acknowledged in the legal frameworks governing creditor's enforcement rights against the home. The article suggests that the most common creditor enforcement route, through mortgage repossession proceedings, falls short in this regard. It takes as its primary focus the treatment of children in such proceedings to provide an example of the potential for a human rights-based property protection heralded by these two Supreme Court decisions.

'Salve, magna parens': Virgil’s 'laudes Italiae' in Renaissance Italy and beyond

This article traces three major strands in the reception of the address to Italy at the end of Virgil’s laudes Italiae in Book II of the Georgics. The first is the adoption of phrasing from these lines as the basis for expressions of devotion to the writer’s country (and for panegyric of contemporary rulers), or in inverted form to lament the present state of the author’s homeland; the second is the appropriation of Virgil’s hymnic apostrophe to his patria in poems on religious themes, where language from this passage is harnessed to invoke the supreme deity or the Virgin Mary, another magna parens; and the third is the use of Virgilian terminology to celebrate Virgil himself as the mighty parent of poetry and poets, whose words (including those of the lines under discussion) have inspired the literary endeavours of his successors across Europe and beyond throughout subsequent centuries.

Arnold v. Britton: a ratio and two sets of obiter dicta

Arnold v Britton marks the final stage of the longstanding dispute as to the correct interpretation of a number of 99-year leases of chalets on a leisure park at Oxwich, in the Gower peninsula, near Swansea. The aspect of the case which has attracted most discussion has, understandably, been its main ratio: the proper way to construe a provision of a lease which arguably has an absurd result. This will be considered in this case-note. The judgment of the Supreme Court – particularly the judgment of Lord Neuberger PSC – does, however contain some observations on the possible reform of the law on service charges which are of interest to those engaged in this field. It also contains some obiter comments on ‘letting schemes’ which are – in the view of the present author – highly unorthodox. These three rather disparate issues which are raised by this case will be considered in turn. As they have little in common with each other, they will be considered as separate sections.

Josephine: desire, ambition, Napoleon

Biography of Josephine Bonaparte. The incredible rise and unbelievable fall of Josephine, a mistress, courtesan and Revolutionary heroine whose energy and ambition has often been overshadowed by Napoleon’s military might. Historian Kate Williams, author of Becoming Queen, tells Josephine’s searing story of sexual obsession, politics and surviving as a woman in a man’s world. Abandoned in Paris by her aristocratic husband, Josephine's future did not look promising. But while her friends and contemporaries were sent to the guillotine during the Terror that followed the Revolution, she survived prison and emerged as the doyenne of a wildly debauched party scene, surprising everybody when she encouraged the advances of a short, marginalised Corsican soldier, six years her junior. Josephine, the fabulous hostess and skilled diplomat, was the perfect consort to the ambitious but obnoxious Napoleon. With her by his side, he became the greatest man in Europe, the Supreme Emperor; and she amassed a jewellery box with more diamonds than Marie Antoinette’s. But as his fame grew, Napoleon became increasingly obsessed with his need for an heir and irritated with Josephine’s extravagant spending. The woman who had enchanted France became desperate and jealous. Until, a divorcee aged forty-seven, she was forced to watch from the sidelines as Napoleon and his young bride produced a child.

Victory, peace, and justice : the neglected trinity

The assumption that the most important aim of war is to create a better peace than existed before the war, i.e. a peace with justice, was self-evident for writers prior to Clausewitz. This does not mean that princes saw this as their priority, but theoreticians did. This changed dramatically with the Napoleonic Wars: Clausewitz initiated an era where writers on strategy paid no heed to what would come after military victory, now seen as the be-all and end-all of war. Terrible consequences flowed from this, and a series of ephemeral victories leading to new wars. It was only around the Second World War, to some in itself the consequence of this obsession with victory and not with peace, that it began to dawn on writers that peace, not military victory must be the ultimate aim to be kept in sight.

The evolution of strategy: thinking war from antiquity to the present

Latin had no word for "strategy", but the East Romans, whom we call the Byzantines, did. This book tracks the evolution of the concept of warfare being subjected to higher political aims from Antiquity to the Present, using Greek, Latin, French, Spanish, Italian, English and German sources. It tracks the rise, fall, and resurrection of the belief in the Roman and later the medieval and early modern world that warfare was only legitimate if it pursued the higher goal of a just peace, which in the 19th century gave way to a blinkered concentration on military victory as only war aim. It explains why one school of thought, from Antiquity to the present, emphasised eternal principles of warfare, while others emphasised, in Clausewitz's term, the "changing character of war". It tracks ideas from land warfare to naval warfare to air power and nuclear thinking, but it also stresses great leaps and discontinuities in thinking about strategy. It covers asymmetric wars both from the point of view of the weaker power seeking to overthrow a stronger power, and from the stronger power dealing with insurgents and other numerically inferior forces. It concludes with a commentary of the long-known problems of bureaucratic politics, non-centralised command and inter-service rivalry, which since the 16th century or earlier has created obstacles to coherent strategy making.

Political market characteristics and the provision of educational infrastructure in North India

In this paper, we are concerned with the provision of schools in rural North India, particularly with whether such provision is determined by the demographic and economic characteristics of the region or whether local democracy also plays a role. We find that the probability that a governing party loses an election has a positive effect on the provision of schooling infrastructure, while the margin of victory of the governing party has a negative effect. Political reservation for members of the Scheduled Castes (SCs) has a positive effect on schooling infrastructure in villages with a large SC population, but a negative effect overall.

Paradise postponed? The Department of National Heritage and political hegemony

Established following the Conservative Party's election victory in April 1992, the Department of National Heritage has been heralded as an important stage in the growing recognition of the significance of the leisure industry to Britain. By combining, for the first time, responsibility for sport, tourism, the arts, libraries, heritage, broadcasting and film, and by providing them with Cabinet representation, a unique opportunity has, seemingly, been provided to develop and promote the interests of leisure in Britain. This paper takes the view that although this initiative has been broadly welcomed, there are important inconsistencies which require attention. On the one hand the selection of the portfolio appears somewhat eclectic. On the other hand, it is questionable why such a department should have been developed at all. An inspection of the implicit ideology suggests that rather than the traditional use of the state to promote leisure interests, the introduction of the department signifies a shift to the use of leisure to promote the Government's interests. Thus the new Department of National Heritage is to be used as a central feature in the legitimation of the government's political programme. Rather than emphasising its traditional quasi-welfare role, the new place for leisure and heritage is firmly in the market economy. Whilst a leisured society may be the epitome of post-industrialism, therefore, the citizen rights claim for access to leisure activities can only be secured by engaging with the market. This legitimised construction of post- modern citizenship is at the centre of a new political order where choice has been replaced by means and where the classless paradigm championed by the Prime Minister will be a classlessness of constructed omission.

Leisure, consumerism and active citizenship in the UK

Since the first election victory of the Thatcher administration in 1979, Britain has witnessed a cultural transformation from the municipal socialism enshrined in the post-World War 2 development of the Welfare State to a form of post-industrial entrepreneurialism based largely on market rationality. This has had a profound effect on all aspects of civil life, not least the redefinition of the role of active leisure. Since the late 1950s the dominant policy for active leisure has been 'Sport For All', an assertion of a social right too important to be left to the market. The transformation has, therefore, signalled a shift from government support for active leisure as an element of citizen rights to the use of leisure to promote the government's interest in legitimating a new social order based not on rights but on means. Thus access to active living is no longer a societal goal for all, but a discretionary consumer good, the consumption of which signifies 'active' citizenship. It furthermore signifies differentiation from the growing mass of 'deviants' who are unwilling or unable to embrace this new construction of citizenship and are, therefore, increasingly denied access to active living and, hence, active citizenship.

Recent trends in UK Government policy on the provision and management of leisure facilities

Since the first election victory of the Thatcher administration in 1979, Britain has witnessed a cultural transformation from the municipal socialism of the post-World War 2 Welfare State to a form of post-industrial entrepreneurialism. This has had a profound effect on all aspects of civil society, not least the redefinition of the role of active leisure from the 1950s evocation of 'Sport For All' to the market rationality of the 1980s. The transformation has signalled a shift from government support for active leisure as an element of citizen rights to the use of leisure to promote the government's interest in legitimating a new social order based not on rights but on means. Thus access to active living is no longer a societal goal for all, but a discretionary consumer good, the consumption of which signifies 'active' citizenship. It furthermore signifies differentiation from the growing mass of 'deviants' who are unwilling or unable to embrace this new construction of citizenship and are, therefore, increasingly denied access to active living and, hence, active citizenship.

The National Audit Office uses OR to assess the value for money of public services

Supreme audit institutions (SAIs) have an important role in assessing value for money in the delivery of public services. Assessing value for money necessarily involves assessing counterfactuals: good value for money has been achieved if a policy could not reasonably have been delivered more efficiently, effectively, or economically. Operations research modelling has the potential to help in the assessment of these counterfactuals. However, is such modelling too arcane, complex, and technically burdensome for organisations that, like SAIs, operate in a time- and resource-constrained and politically charged environment? We report on three applications of modelling at the UK's SAI, the National Audit Office, in the context of studies on demand management in tax collection, end-of-life care, and health-care associated infections. In all cases, the models have featured in the audit reports and helped study teams come to a value-for-money judgment. We conclude that OR modelling is indeed a valuable addition to the value-for-money auditor's methodological tool box.

Mapping evidence gaps in anti-corruption: assessing the state of the operationally relevant evidence on donors' actions and approaches to reducing corruption

This paper charts the current evidence on effectiveness of different anti-corruption reforms, and identifies significant evidence gaps. Despite a substantial amount of literature on corruption, this review found very few studies focusing on anti-corruption reforms, and even fewer that credibly assess issues of effectiveness and impact. The evidence was strong for only two types of interventions: public financial management (PFM) reforms and supreme audit institutions (SAIs). For PFM, the evidence in general showed positive results, whereas the effectiveness was mixed for SAIs. No strong evidence indicates that any of the interventions pursued have been ineffective, but there is fair evidence that anti-corruption authorities, civil service reforms and the use of corruption conditionality in aid allocation decisions in general have not been effective. The paper advocates more operationally-relevant research and rigorous evaluations to build up the missing evidence base, particularly in conflict-afflicted states, in regards to the private sector, and on the interactions and interdependencies between different anti-corruption interventions.

‘Victory in a Nuclear War? A Comparison of NATO and WTO War Aims and Strategies’

Given the danger of the unbearable catastrophe of nuclear war, NATO in the mid-1950s abandoned any war aim of achieving victory in an all-out war with the Soviet Union or the Warsaw Treaty Organisation. Instead, it adopted the war aim of a cease-fire or war termination. By contrast, the WTO clung on to the war aim of victory - expressed even in terms of the survival of slightly more Soviet citizens than NATO citizens, after unprecedented losses of life in nuclear exchanges - until the mid-1980s when under Gorbachev the concept of victory in nuclear war was abandoned.