Book Review of “Human Behaviour and the Social Environment: Models, Metaphors, and Maps for Applying Theoretical Perspectives to Practice”. 640 pages, Thomson Brooks/Cole, 2007, by James A. Forte

This voluminous book which draws on almost 1000 references provides an important theoretical base for practice. After an informative introduction about models, maps and metaphors, Forte provides an impressive presentation of several perspectives for use in practice; applied ecological theory, applied system theory, applied biology, applied cognitive science, applied psychodynamic theory, applied behaviourism, applied symbolic interactionism, applied social role theory, applied economic theory, and applied critical theory. Finally he completes his book with a chapter on “Multi theory practice and routes to integration.”

Conceptual and Theoretical Frameworks for Organised Violence

The possibility of violence is ubiquitous in human social relations, its forms are manifold and its causes complex. Different types of violence are interrelated but in complex ways, and they are studied within a wide range of disciplines, so that a general theory, while possible, is difficult to achieve. This paper acknowledges that violence can negate power and that all forms of social power can entail violence, proceeds on the assumption that the organisation of violence is a particular source of social power. It therefore explores the general relationships of violence to power, the significance of war as the archetype of organised violence, the relationships of other types (revolution, terrorism, genocide) to war, and the significance of civilian-combatant stratification for the understanding of all types of organised violence. It then discusses the problems of applying conceptual types in analysis, and the necessity of a historical framework for theorising violence. The paper concludes by offering such a framework in the transition from industrialised total war to global surveillance war.

Injunctions against Innocent Third Parties: The Case of Website Blocking

The paper discusses the phenomenon of injunctions against third parties that are innocent from the tort law perspective. One such type of injunction, website blocking, is currently appearing in the spotlight around various European jurisdictions as a consequence of the implementation of Article 8(3) of the Information Society Directive and Article 11 of the Enforcement Directive. Website-blocking injunctions are used in this paper only as a plastic and perhaps also canonical example of the paradigmatic shift we are facing: the shift from tort-law-centric injunctions to in rem injunctions. The author of this paper maintains that the theoretical framework for the latter injunctions is not in the law of civil wrongs, but in an old Roman law concept of ‘in rem actions’ (actio in rem negatoria). Thus the term ‘in rem injunctions’ is coined to describe this paradigm of injunctions. Besides the theoretical foundations, this paper explains how a system of injunctions against innocent third parties fits into the private law regulation of negative externalities of online technology and explores the expected dangers of derailing injunctions from the tracks of tort law. The author’s PhD project – the important question of the justification of an extension of the intellectual property entitlements by the in rem paradigm, along with its limits or other solutions – is left out from the paper.