The Bruton tenancy: a matter of relativity

Argues that the controversial "Bruton tenancies" created by the House of Lords decision in Bruton v London & Quadrant Housing Trust should be seen as a form of proprietary tenancy. Discusses the view that those without an estate in land are prevented by the nemo dat principle from granting a lease, the scope for tenancies derived from equitable interests, and the challenges to Bruton tenancies posed by the Court of Appeal ruling in Milmo v Carreras. Explains how Bruton tenancies create a circumscribed proprietary interest in land, best understood through the concept of relativity of title.

Thinking for speaking and linguistic relativity among bilinguals: towards a new research agenda

This article evaluates how the different papers in this special issue fill a gap in our understanding of cognitive processes that are being activated when second language learners or bilinguals prepare to speak. All papers are framed in Slobin’s (1987) Thinking for Speaking theory, and aim to test whether the conceptualisation patterns that were learned in early childhood can be relearned or restructured in L2 acquisition. In many papers the focus is on identifying constraints on this restructuring process. Among these constraints, the role of typological differences between languages is investigated in great depth. The studies involve different types of learners, language combinations and tasks. As all informants were given verbal rather than non-verbal tasks, the focus is here on the effects of conceptual transfer from one language on another, and not on the effects of language on non-linguistic cognition. The paper also sketches different avenues for further research in this field and proposes that researchers working in this field might want to take up the challenge of investigating whether speakers of different languages perceive motion outside explicitly verbal contexts differently, as this will enable us to gain an understanding of linguistic relativity effects in this domain. Studying which teaching methods can help learners to restructure their conceptualisation patterns may also shed new light on the aspects of discourse organization and motion event construal that are most difficult for learners.

Linguistic relativity in SLA: towards a new research programme

The purpose of the current article is to support the investigation of linguistic relativity in second language acquisition and sketch methodological and theoretical prerequisites toward developing the domain into a full research program. We identify and discuss three theoretical-methodological components that we believe are needed to succeed in this enterprise. First, we highlight the importance of using nonverbal methods to study linguistic relativity effects in second language (L2) speakers. The use of nonverbal tasks is necessary in order to avoid the circularity that arises when inferences about nonverbal behavior are made on the basis of verbal evidence alone. Second, we identify and delineate the likely cognitive mechanisms underpinning cognitive restructuring in L2 speakers by introducing the theoretical framework of associative learning. By doing so, we demonstrate that the extent and nature of cognitive restructuring in L2 speakers is essentially a function of variation in individual learners’ trajectories. Third, we offer an in-depth discussion of the factors (e.g., L2 proficiency and L2 use) that characterize those trajectories, anchoring them to the framework of associative learning, and reinterpreting their relative strength in predicting L2 speaker cognition

Legal outlier, again? U.S. felon suffrage: comparative and international human rights perspectives

The judiciousness of American felon suffrage policies has long been the subject of scholarly debate, not least due to the large number of affected Americans: an estimated 5.3 million citizens are ineligible to vote as a result of a criminal conviction. This article offers comparative law and international human rights perspectives and aims to make two main contributions to the American and global discourse. After an introduction in Part I, Part II offers comparative law perspectives on challenges to disenfranchisement legislation, juxtaposing U.S. case law against recent judgments rendered by courts in Canada, South Africa, Australia, and by the European Court of Human Rights. The article submits that owing to its unique constitutional stipulations, as well as to a general reluctance to engage foreign legal sources, U.S. jurisprudence lags behind an emerging global jurisprudential trend that increasingly views convicts’ disenfranchisement as a suspect practice and subjects it to judicial review. This transnational judicial discourse follows a democratic paradigm and adopts a “residual liberty” approach to criminal justice that considers convicts to be rights-holders. The discourse rejects regulatory justifications for convicts’ disenfranchisement, and instead sees disenfranchisement as a penal measure. In order to determine its suitability as a punishment, the adverse effects of disenfranchisement are weighed against its purported social benefits, using balancing or proportionality review. Part III analyzes the international human rights treaty regime. It assesses, in particular, Article 25 of the International Covenant on Civil and Political Rights (“ICCPR”), which proclaims that “every citizen” has a right to vote without “unreasonable restrictions.” The analysis concludes that the phrase “unreasonable restrictions” is generally interpreted in a manner which tolerates certain forms of disenfranchisement, whereas other forms (such as life disenfranchisement) may be incompatible with treaty obligations. This article submits that disenfranchisement is a normatively flawed punishment. It fails to treat convicts as politically-equal community members, degrades them, and causes them grave harms both as individuals and as members of social groups. These adverse effects outweigh the purported social benefits of disenfranchisement. Furthermore, as a core component of the right to vote, voter eligibility should cease to be subjected to balancing or proportionality review. The presumed facilitative nature of the right to vote makes suffrage less susceptible to deference-based objections regarding the judicial review of legislation, as well as to cultural relativity objections to further the international standardization of human rights obligations. In view of this, this article proposes the adoption of a new optional protocol to the ICCPR proscribing convicts’ disenfranchisement. The article draws analogies between the proposed protocol and the ICCPR’s “Optional Protocol Aiming at the Abolition of the Death Penalty.” If adopted, the proposed protocol would strengthen the current trajectory towards expanding convicts’ suffrage that emanates from the invigorated transnational judicial discourse.

Can valuation factors be prescribed? The case of collective enfranchisement and leasehold extension of flats in England and Wales

Recent concerns over the valuation process in collective leasehold enfranchisement and lease extension cases have culminated in new legislation. To underpin this, the Government (Department of Environment Transport and the Regions (DETR)) commissioned new research, which examined whether the valuation of the freehold in such cases could be simplified through the prescription of either yield or marriage value/relativity. This paper, which is based on that research, examines whether it is possible or desirable to prescribe such factors in the valuation process. Market, settlement and Local Valuation Tribunal (LVT) decisions are analysed, and the basis of 'relativity charts' used in practice is critically examined. Ultimately the imperfect nature of the market in freehold investment sales and leasehold vacant possession sales means that recommendations must rest on an analysis of LVT data. New relativity curves are developed from this data and used in conjunction with an alternative approach to valuation yields (based on other investment assets). However, the paper concludes that although the prescription of yields and relativity is possible, it is not fully defensible because of problems in determining risk premia; that the evidential basis for relativity consists of LVT decisions; and that a formula approach would tend to 'lead' the market as a whole.

Perceptual shift in bilingualism: brain potentials reveal plasticity in pre-attentive colour perception

The validity of the linguistic relativity principle continues to stimulate vigorous debate and research. The debate has recently shifted from the behavioural investigation arena to a more biologically grounded field, in which tangible physiological evidence for language effects on perception can be obtained. Using brain potentials in a colour oddball detection task with Greek and English speakers, a recent study suggests that language effects may exist at early stages of perceptual integration [Thierry, G., Athanasopoulos, P., Wiggett, A., Dering, B., & Kuipers, J. (2009). Unconscious effects of language-specific terminology on pre-attentive colour perception. Proceedings of the National Academy of Sciences, 106, 4567–4570]. In this paper, we test whether in Greek speakers exposure to a new cultural environment (UK) with contrasting colour terminology from their native language affects early perceptual processing as indexed by an electrophysiological correlate of visual detection of colour luminance. We also report semantic mapping of native colour terms and colour similarity judgements. Results reveal convergence of linguistic descriptions, cognitive processing, and early perception of colour in bilinguals. This result demonstrates for the first time substantial plasticity in early, pre-attentive colour perception and has important implications for the mechanisms that are involved in perceptual changes during the processes of language learning and acculturation.

Unconscious effects of grammatical gender during object categorisation

Does language modulate perception and categorisation of everyday objects? Here, we approach this question from the perspective of grammatical gender in bilinguals. We tested Spanish–English bilinguals and control native speakers of English in a semantic categorisation task on triplets of pictures in an all-in-English context while measuring event-related brain potentials (ERPs). Participants were asked to press a button when the third picture of a triplet belonged to the same semantic category as the first two, and another button when it belonged to a different category. Unbeknownst to them, in half of the trials, the gender of the third picture name in Spanish had the same gender as that of the first two, and the opposite gender in the other half. We found no priming in behavioural results of either semantic relatedness or gender consistency. In contrast, ERPs revealed not only the expected semantic priming effect in both groups, but also a negative modulation by gender inconsistency in Spanish–English bilinguals, exclusively. These results provide evidence for spontaneous and unconscious access to grammatical gender in participants functioning in a context requiring no access to such information, thereby providing support for linguistic relativity effects in the grammatical domain.

Searching for happiness across cultures

Three experiments examined the cultural relativity of emotion recognition using the visual search task. Caucasian-English and Japanese participants were required to search for an angry or happy discrepant face target against an array of competing distractor faces. Both cultural groups performed the task with displays that consisted of Caucasian and Japanese faces in order to investigate the effects of racial congruence on emotion detection performance. Under high perceptual load conditions, both cultural groups detected the happy face more efficiently than the angry face. When perceptual load was reduced such that target detection could be achieved by feature-matching, the English group continued to show a happiness advantage in search performance that was more strongly pronounced for other race faces. Japanese participants showed search time equivalence for happy and angry targets. Experiment 3 encouraged participants to adopt a perceptual based strategy for target detection by removing the term 'emotion' from the instructions. Whilst this manipulation did not alter the happiness advantage displayed by our English group, it reinstated it for our Japanese group, who showed a detection advantage for happiness only for other race faces. The results demonstrate cultural and linguistic modifiers on the perceptual saliency of the emotional signal and provide new converging evidence from cognitive psychology for the interactionist perspective on emotional expression recognition.

Second language influence on first language motion event encoding and categorization in Spanish-speaking children learning L2 English

Studies show cross-linguistic differences in motion event encoding, such that English speakers preferentially encode manner of motion more than Spanish speakers, who preferentially encode path of motion. Focusing on native Spanish speaking children (aged 5;00-9;00) learning L2 English, we studied path and manner verb preferences during descriptions of motion stimuli, and tested the linguistic relativity hypothesis by investigating categorization preferences in a non-verbal similarity judgement task of motion clip triads. Results revealed L2 influence on L1 motion event encoding, such that bilinguals used more manner verbs and fewer path verbs in their L1, under the influence of English. We found no effects of linguistic structure on non-verbal similarity judgements, and demonstrate for the first time effects of L2 on L1 lexicalization in child L2 learners in the domain of motion events. This pattern of verbal behaviour supports theories of bilingual semantic representation that postulate a merged lexico-semantic system in early bilinguals.