Legal relations of collectives : belated insights from Hohfeld

Collectives and their interrelations are central to international law. Legal relations between collectives can be analysed with reference to the classic account of Hohfeld without reducing those collectives to mere aggregates of individuals and without recourse to the legal fiction of treating the collective, for example the state, as a quasi-individual. The rights of collectives have been widely if not conclusively explored within international law, but Hohfeld’s ‘field’ approach to legal relations enables the scrutiny of the range of relations, including immunities, liberties, powers, and disabilities, as well as claim-rights and the corresponding obligations in others. The main substantive topics for discussion are the legal relations of collective entities such as peoples and minorities, and closely related matters such as self-determination. Applying Hohfeldian analysis to international law highlights the centrality of international collective entities of which the state represents only one variety. The approach described here therefore takes account of the dethroning of the state within contemporary international law and contributes to the theorization of that development. Nearly one hundred years after its
first appearance, Hohfeld’s analytic scheme continues to generate insights for international law.

Conceptualizing craving : extrapolations from consciousness studies

The key definitional elements of the concept of craving remain highly contentious amongst addiction researchers. We argue that attempts to operationalize the craving construct may benefit from the conceptual and methodological advances that have occurred in the field of consciousness studies. Specifically, it is contended that the concept of craving cannot be fully articulated in the absence of a consideration of Husserl's notion of the intentional structure of human consciousness and related concepts such as phenomenology, discrete states of consciousness and altered states of consciousness. Extrapolating from the consciousness studies literature, we formulate numerous suggestions for future research intended to facilitate the operationalization of craving experiences.

Placing teachers? Sustaining rural schooling through place-consciousness in teacher education

This paper explores two seemingly disparate areas of social inquiry: teacher education and the sustainability of rural communities in Australia. It suggests that these may be usefully understood in close connection with each other, and that healthy rural communities may be supported via reform of the ways in which teacher education prepares graduates for teaching in rural schools. In making this argument we claim that consideration and consciousness of place are important for all teacher education curricula, not merely that on offer in rural and regional centers. We call for metropolitan-based teacher education institutions to consider curriculum practices that take a more active role in fostering healthy and productive rural communities through place-conscious approaches to pedagogy (Gruenewald, 2003). At the center of this call is a concern to ensure the provision of high-quality education for children in rural families and the need for well-trained teachers who are personally and professionally equipped to address the educational needs of their communities.

Creating ambiguity, creating social change

Current government policy in Victoria, as elsewhere, is seeking to change the provision of maternity care from an obstetric-led system to a flatter, more collaborative system that brings midwives to the front line as primary carers, at least in the public sector.

However, dominant medical discourses continue to exert a sedimentary effect on contesting claims from midwives that deny the high-risk nature of the majority of births and which valorise the competence of the female body. Although there have been modifications in maternity arrangements (and the incumbent government is currently considering more), medical discourses continue to legitimate obstetric power via legal and professional structures, fortify the obstetric ‘habitus’, infect mainstream popular consciousness and undermine autonomous midwifery practice. Drawing from research material gleaned from in-depth interviews with nine obstetricians and thirty midwives conducted in 2004 and 2005, I argue that alternative discourses may strategically undermine obstetric dominance. Specifically, reversing stereotypes; inverting the binary opposition and privileging the subordinate term (or substituting the negative for positive); and defamiliarizing what is perceived to be fixed and given, all play on the ambiguities of representation and present social activists (midwives, childbirth educators and women) with valuable opportunities to challenge fundamentalist medical orthodoxies.