Re-embedding economic and social constitutionalism:Normative perspectives for the EU

Introduction Tensions between the economic and the social dimensions of European integration are being perceived as increasing, and so is the potential for conflict between national and European levels of policy-making. Both are well illustrated by a highly controversial line of Court of Justice of the European Union (ECJ) cases on industrial relations: Viking and Laval have become symbols for the continuing dominance of the economic over the social dimension of European integration and for an increasing tendency of the EU to diminish national autonomy. As one consequence, demands to protect Member States’ social policy choices from EU law pressures arise. For such demands to be tenable, isolation of national and EU policy-making and of economic and social dimensions of European integration would have to be possible. This is arguably not the case. Economic and social dimensions of integration will thus have to be reconciled across EU and national levels, if the EU and its Member States are to maintain the ability of enhancing social justice against the pulls of economic globalisation.

Using Audio-visual Presentation to Teach Global Mindedness in Social Work Education

Direct experience of social work in another country is making an increasingly important contribution to internationalising the social work academic curriculum together with the cultural competency of students. However at present this opportunity is still restricted to a limited number of students. The aim of this paper is to describe and reflect on the production of an audio-visual presentation as representing the experience of three students who participated in an exchange with a social work programme in Pune, India. It describes and assesses the rationale, production and use of video to capture student learning from the Belfast/Pune exchange. We also describe the use of the video in a classroom setting with a year group of 53 students from a younger cohort. This exercise aimed to stimulate students’ curiosity about international dimensions of social work and add to their awareness of poverty, social justice, cultural competence and community social work as global issues. Written classroom feedback informs our discussion of the technical as well as the pedagogical benefits and challenges of this approach. We conclude that some benefit of audio-visual presentation in helping students connect with diverse cultural contexts, but that a complementary discussion challenging stereotyped viewpoints and unconscious professional imperialism is also crucial.

Experiencing Youth Justice and Penality

Much of the recent literature on youth justice has focused on administrative aspects of the system and the socio-political contexts that have led to the ‘production’ of the youthful offender as a subject and locus of intervention. This has largely been driven by the extent to which youth justice has been crafted as a distinct penal sphere, evident in its unyoking from universal children’s services (Muncie and Goldson, 2013) and the establishment of separate agencies to administer and govern this ‘system’ (Souhami, 2014). Driven by policy hyperactivity and a plethora of legislation expanding the reach of the system, for much of the 1990s and 2000s increasing numbers of young people were brought under its gaze.

Particular attention has been paid to the impact of neo-liberal governance on the discourses, rationales and philosophies underpinning contemporary youth justice policy and practice. Writing specifically in the English and Welsh context, several authors have identified that the resulting ‘system’ embodies multiple, contradictory and competing discourses (Muncie, 2006; Fergusson, 2007; Gray, 2013). Within this ‘melting pot’ Fergusson (2007) notes the disjuncture between policy rhetoric, implementation and lived experience and Phoenix (2015) argues that systems-based analyses, much in favour amongst academics, foreclose a wider consideration of questions of what ‘justice’ actually means.

Recent attention towards the perspectives of practitioners working in this sphere has pointed to greater nuances than broader penal narratives suggest (see: Field, 2007; Briggs, 2013; Gray, 2013; Kelly and Armitage, 2015). Yet similar attention has not been given to experiences of youth justice (for an exception see – Phoenix and Kelly, 2013). However, it is precisely young people’s experiences, which would add significantly to current knowledge and potentially bridge the gap between discussions about penal philosophies, how youth justice policies are framed, how they are enacted and how they are experienced.

This chapter provides an overview of recent developments in the field of youth justice and penality in the United Kingdom. The chapter argues that a theoretical focus on macro-level trends (Hannah-Moffat and Lynch, 2012), alongside a narrowly defined research agenda, have largely excluded young people’s experiences of justice and punishment from contemporary analysis. Drawing on young people experiences of different aspects of youth justice in Northern Ireland and beyond, the chapter illuminates what a close understanding of lived experience can add to knowledge. In particular it demonstrates that the effects of interventions can be different to their aims and intentions; and that re-instating the youth experience can add support to calls for greater attention to wider issues of social justice.

Dynamics and dilemmas in social psychology: social relations, identities and cognition

This paper aims to provide a systematised overview of the paradigmatic orientations in social psychology in Portugal by identifying the most cited publications. Results show that the eight most cited thematic are: (1) deviance and reactions to deviance, (2) methodology, (3) prejudice and discrimination, (4) gender studies, (5) risk, environment and safety, (6) information processing, social judgment, familiarity and mood, (7) social representations and (8) social justice and belief in a just world. These eight most salient thematics can be sorted into three current paradigmatic orientations in contemporary social psychology: (a) social cognition; (b) the study of collective beliefs, ideologies and social representations; and (c) the study of identity and its impact on intra- and intergroup processes. The paper finishes with a reflection on the future developments of the discipline and the dilemmas that social psychology in Portugal could face.

Mudanças climáticas e económicas na costa portuguesa: percepções das comunidades, justiça social e democratização

O litoral português, onde se concentra mais de 80% da população e da produção de riqueza do país, é um dos mais vulneráveis da Europa no que respeita à erosão costeira. Queda de arribas, perda de areia das praias e recuo acentuado da linha de costa têm obrigado a avultados investimentos em infra-estruturas e medidas de protecção. Esta concentração populacional na zona litoral ocorreu em apenas algumas décadas, a um ritmo acelerado, perante um sistema institucional e de gestão que se revelou incapaz de restringir a proliferação de construções em áreas de risco. Actualmente, as populações e economias costeiras enfrentam dois enormes desafios: a crise climática e a crise económica. Nas próximas décadas, prevê-se que as alterações climáticas venham acentuar a perda de território pelo recuo da linha de costa, devido a um conjunto de factores, em particular a subida do nível médio do mar. Por outro lado, a crise económica pode inviabilizar a continuação de dispendiosas intervenções para conter o avanço do mar, incluindo a construção de esporões e paredões e o enchimento artificial das praias. Cada vez mais se ponderam estratégias alternativas de adaptação, inclusive a eventual deslocação de populações para áreas mais recuadas. A necessidade de tomar medidas mais drásticas, a génese ilegal de muitas das construções agora em risco na orla costeira, a diversidade de culturas e de modos de vida, assim como de interesses económicos, que nela convergem, fazem antever conflitualidades e problemas de justiça social.O desafio da sustentabilidade das zonas costeiras passa por criar processos de decisão e de gestão com a participação activa das populações locais e por uma abordagem inovadora face às estratégias de adaptação e ao seu próprio financiamento. Esta procura de modelos de gestão costeira mais sustentáveis não dispensa uma abordagem sociológica das problemáticas mencionadas. A partir de três casos de estudo na costa portuguesa – Vagueira, Costa da Caparica e Quarteira – nesta comunicação analisam-se os resultados de um inquérito aplicado a uma amostra representativa das populações aí residentes, bem como um conjunto de entrevistas realizadas aos stakeholders locais. Procuramos explorar as avaliações sobre os riscos costeiros e a disponibilidade dos actores locais para a participação em modelos alternativos de gestão e financiamento.

Spatial justice: law and the geography of withdrawal

While spatial justice could be the most radical offspring of law’s recent spatial turn, it remains instead a geographically informed version of social justice. The majority of the existing literature on the subject has made some politically facile assumptions about space, justice and law, thereby subsuming the potentially radical into the banal. In this article, I suggest that the concept of spatial justice is the most promising platform on which to redefine, not only the connection between law and geography, but more importantly, the conceptual foundations of both law and space. More concretely, the article attempts two things: first, a radical understanding of legal spatiality. Space is not just another parameter for law, a background against which law takes place, or a process that the law needs to take into consideration. Space is intertwined with normative production in ways that law often fails to acknowledge, and part of this article is a re-articulation of the connection. Second, to suggest a conception of spatial justice that derives from a spatial law. Such a conception cannot rely on given concepts of distributive or social justice. Instead, the concept of spatial justice put forth here is informed by post-structural, feminist, post-ecological and other radical understandings of emplacement and justice, as well as arguably the most spatial of philosophical discourses, that of Deleuze–Guattari and the prescribed possibilities of space as manifold.

A restrição ao sigilo bancário decorrente do regime de branqueamento de capitais

Technologic and socio-economic mutations have always determined challenges not only to lawyers, but to law itself. These phenomena have occurred specially when trying to deal with the hard task of finding solutions for the current increasing mismatch of social interests, for example, bank secrecy and money laundering. Usually occurring simultaneously, they are typical examples of outcomes generated by technological and socio-economic innovations that have become fashionable and captured international attention. At the same time, bank secrecy and money laundering support interests belonging to different dimensions, deserving to be balanced in the light of the heterogeneous mechanisms provided by the law to its practitioners and society as a hole. In order to achieve an outcome in accordance with the Rule of Law´s principles, lawyers´ tools are consequently subordinated to constitutional and social justice. Guided by this purpose, we performed the present study, aiming to analyse bank secrecy and money laundering in the light of the current stablished juridical procedures. We intended to develop a prudent point of view that is also in accordance with social reality. In sum, we demonstrate that bank secrecy should adopt a flexible character, embedding new settings and following the socio-economic path in a globalized world with constant innovations.

Righteous sounds and reproductive justice : the influence of Ani DiFranco's music for reproductive rights activists

In this thesis, I explore how the folk-rock music of Ani DiFranco has influenced the activist commitments, sensibilities, and activities of reproductive rights activists. My interest in the relation of popular music to social movements is informed by the work of Simon Frith (1987, 1996a, 1996b), Rob Rosenthal (2001), and Ann Savage (2003). Frith argues that popular music is an important contributor to personal identity and the ways that listeners see the world. Savage (2003) writes that fans develop a unique relationship with feminist/political music, and Rosenthal (2001) argues that popular music can be an important factor in building social movements. I use these arguments to ask what the influence of Ani DiFranco's music has been for reproductive rights activists who are her fans. I conducted in-depth interviews with ten reproductive rights activists who are fans of Ani DiFranco's music. All ten are women in their twenties and thirties living in Ontario or New York. Each has been listening to DiFranco's music for between two and fifteen years, and has considered herself a reproductive rights activist for between eighteen months and twenty years. I examine these women's narratives of their relationships with Ani DiFranco's music and their activist experience through the interconnected lenses of identity, consciousness, and practice. Listening to Ani DiFranco's music affects the fluid ways these women understand their identities as women, as feminists, and in solidarity with others. I draw on Freire's (1970) understanding of conscientization to consider the role that Ani's music has played in heightening women's awareness about reproductive rights issues. The feeling of solidarity with other (both real and perceived) activist fans gives them more confidence that they can make a difference in overcoming social injustice. They believe that Ani's music encourages productive anger, which in turn fuels their passion to take action to make change. Women use Ani's music deliberately for energy and encouragement in their continued activism, and find that it continues to resonate with their evolving identities as women, feminists, and activists. My study builds on those of Rosenthal (2001) and Savage (2003) by focusing on one artist and activists in one social movement. The characteristics of Ani DiFranco, her fan base, and the reproductive rights movement allow new understanding of the ways that female fans who are members of a female-dominated feminist movement interact with the music of a popular independent female artist.

On the edge : exploring homeless women's social networks

This thesis aims to uncover the ways that previously homeless women in the Niagara region are able (or unable) to rely on friends, family and service providers in times of crisis (homelessness and poverty). Eleven women were interviewed and their experiences indicate that social networks cannot take the place of comprehensive and inclusive social policy. Time and time again, their stories showed that they were left negotiating the detritus of neo-liberal policies.

The shifting terrain of feminist theory and activism : university-based women's centres and third wave feminism

This thesis, based on the results of an organizational ethnography of a university-based feminist organization in Southern Ontario (the Centre), traces how third wave feminism is being constituted in the goals, initiatives, mandate, organizational structure, and overall culture of university-based feminist organizations. I argue that, from its inception, the meanings and goals of the Centre have been contested through internal critique, reflection, and discussion inspired by significant shifts in feminist theory that challenge the fundamental principles of second wave feminism. I identify a major shift in the development and direction of the Centre that occurs in two distinct phases. The first phase of the shift occurs with the emergence of an antioppression framework, which broadens the Centre's mandate beyond gender and sexism to consider multiple axes of identity and oppression that affect women's lives. The second phase of this shift is characterized by a focus on (trans) inclusion and accessibility and has involved changing the Centre's name so that it is no longer identified as a women's centre in order to reflect more accurately its focus on mUltiple axes of identity and oppression. Along with identifying two phases of a major shift in the direction of the Centre, I trace two discourses about its development. The dominant discourse of the Centre's development is one of progress and evolution. The dominant discourse characterizes the Centre as a dynamic feminist organization that consistently strives to be more inclusive and diverse. The reverse discourse undermines the dominant discourse by emphasizing that, despite the Centre's official attempts to be inclusive and to build diversity, little has actually changed, leaving women of colour marginalized in the Centre's dominant culture of whiteness. This research reveals that, while many of their strategies have unintended (negative) consequences, members of the Centre are working to build an inclusive politics of resistance that avoids the mistakes of earlier feminist movements and organizations. These members, along with other activists, actively constitute third wave feminism in a process that is challenging, contradictory, and often painful. A critical analysis of this process and the strategies it involves provides an opportunity for activists to reflect on their experiences and develop new strategies in an effort to further struggles for social justice and equity.

The impact of social welfare reform and workfare on lone-parent female headed households in the Niagara Region

This thesis explores the impact of recent social welfare reforms on the lives of social assistance recipients. The focus is on single mothers who are dependent on social assistance in a small city in southern Ontario. This detailed examination is complemented with existing case studies in Canada, the United States and New Zealand, as well as aggregate data on poverty in Canada. Participants for the research study were recruited by flyer distribution and referral. Following recruitment, selected participants were scheduled for a tape- recorded interview. The final sample population consists of eight single mothers on social assistance and/or workfare participants. This information is supplemented with interviews from two Ontario Works caseworkers and two Women's Advocates from a local crisis housing organization. This research project is guided by a socialist feminist framework. Evidence from interview participants suggest that single mothers continue to struggle in terms of meeting basic needs, such as food, clothing and medications. Housing for low-income families is a concern expressed by the participants as well as by Women's Advocates who operate within the region. In addition, subsidized housing continues to be problematic in terms of both safety and availability. Recent social welfare refonns (reductions in welfare income and introduction of workfare features) have intensified the economic and social marginalization of these women. Participants, for example, voice concerns about valuing self-evaluation in their Ontario Works and workfare activities. Considerable evidence from interview participants suggest that single mothers remain economically marginalized.

Unaccompanied minors in Canada: How social and legal services affect their lives in Ontario

This qualitative research examines how service provisions affect lives of unaccompanied minors in Canada. In this study I utilized a semi-structured individual interview method. Among thirteen participants in my study, five came to Canada as unaccompanied minors and eight are professionals involved with service providing organizations in the Niagara region. The unaccompanied children that I interviewed had mixed experiences. Social and legal supports were made available to some of them while one was deported. This paper employs Bhabha’s postcolonial perspective and Foucault’s governmentality to illustrate unaccompanied minors’ post-arrival situation in Canada. This paper also attempts to look at children’s rights from Hanson and Nieuwenhuys’s (2013) perspective of living rights, social justice and translations. This paper explores how the change in recent immigration law affects the lives of unaccompanied minors. Findings of this study suggest that it is important to have a consensus on the definition of an unaccompanied minor; improved data collection and record-keeping on the number of unaccompanied minors; and, having a government-approved follow up mechanism. The study recommends policy makers, service providers and scholars pay increased attention to the experiences of unaccompanied minors to ensure that adequate social and legal services are offered to an unaccompanied minor in Canada.

Social Opportunities and Individual Responsibility: The Capability Approach and the Third Way

The fashionable widespreading of Sen’s ideas coincides with a new mood in the shaping of public policies in affluent societies. In Europe indeed, an “opportunity”-based approach to social security has been implemented through the European Employment Strategy. Public action tends to rely on a procedural concern with individual opportunities or potentialities in the labour market. The underlying ethics is that individuals are then responsible to use these background opportunities in order to lead the kind of life they value most. More broadly, the discourse and practice of the so-called “Third Way” shares with the capability approach an appeal for a procedural and enabling depiction of the role of the State. The paper intends to clarify the relation between procedural and opportunity-based approaches to social justice, among them the capability approach, and these new patterns of public action. Our vision goes in the way of a yet renewed, but deeper action of the welfare state, where social agency is envisaged as the very condition of individual agency. Drawing on the various critics of mainstream equality of opportunity, two opposed approaches to responsibility are identified: on the one hand, responsibility is conceived of as i) a “luck vs. choice” fixed starting point, ii) a backward-looking conception and iii) a highly individualistic framework. On the other hand, responsibility is envisaged as i) an outcome of public policies rather than a starting point, ii) a forward-looking conception, and iii) a combined institutional-individual framework. We situate here Sen’s capability approach, as well as critics of the luck egalitarianism path. The Third Way rhetoric is assessed against both these perspectives. The issue eventually boils down to an ethical reflection on the articulation of responsibilities, and to a pragmatic and substantial concern for the content of what providing security should mean in practice.

Justice pour les crimes contre l’humanité et génocides : point de vue et attentes des victimes

Les violations aux droits humains causent des milliers de victimes chaque année, des mécanismes de justice sont élaborés afin de répondre à ces crimes, mais les victimes demeurent peu consultées. Par le biais d’entretiens semi-directifs, cette étude présente le point de vue et les attentes des victimes de crimes contre l’humanité du Cambodge et du Rwanda sur la justice. La justice sociale constitue le cadre théorique de cette étude. Les résultats montrent que la justice pénale est centrale à la définition de la justice. La réparation et la vérité en constituent aussi les éléments essentiels. Toutefois, la capacité des tribunaux à rendre compte de la vérité est critiquée par les répondants créant un écart entre ce qu’elles veulent et ce qu’elles obtiennent. La qualité de la prise de décision et du traitement interpersonnel favorise aussi la perception de justice du point de vue des victimes. Les différentes composantes de la justice perçues, comme la punition, la réparation et la procédure, varient toutefois en fonction du contexte social et historique de la victimisation.

Vers une transition forestière en Thaïlande? : analyse causale de l’avancée des forêts à partir du cas de Phetchabun

Selon des thèses développées au cours des années 1990 et 2000, le développement économique constitue à la fois la source et la solution aux problèmes environnementaux. Au sujet des forêts, les transitions forestières (c’est-à-dire le passage de la déforestation à la reforestation) documentées dans certains pays développés seraient causées par des dynamiques universelles intrinsèques au développement et à la modernisation des sociétés. Nos travaux ont porté sur l’application de cette vision optimiste et controversée à l’évolution des superficies forestières en Thaïlande. S’appuyant sur une recension de la littérature, sur des données secondaires ainsi que nos travaux de terrain dans la région de Phetchabun, la thèse offre les apports suivants. Elle démontre que contrairement à l’idée répandue en Thaïlande, le ralentissement de la déforestation a été suivi par une expansion forestière substantielle entre environ 1995 et 2005. Ce regain forestier est lié à la disparition presque complète de l’expansion agricole, à l’établissement de plantations sylvicoles et, surtout, à l’abandon de terres agricoles. Cet abandon agricole découle d’abord et avant tout de la faible et incertaine rentabilité de l’agriculture dans certaines zones non irriguées. Ce phénomène s’explique, entre autres, par la dégradation des sols et par l’incapacité des agriculteurs à contrer l’impact des transformations économiques internes et externes à la Thaïlande. L’accroissement de la pression de conservation n’a pu contribuer à l’expansion forestière que dans certains contextes (projets de reforestation majeurs appuyés par l’armée, communautés divisées, terres déjà abandonnées). Sans en être une cause directe, l’intensification agricole et la croissance des secteurs non agricoles ont rendu moins pénibles la confiscation et l’abandon des terres et ont permis que de tels phénomènes surviennent sans entraîner d’importants troubles sociaux. Dans un contexte d’accroissement des prix agricoles, notamment celui du caoutchouc naturel, une partie du regain forestier aurait été perdu depuis 2005 en raison d’une ré-expansion des surfaces agricoles. Cela illustre le caractère non permanent de la transition forestière et la faiblesse des mesures de conservation lorsque les perspectives de profit sont grandes. La thèse montre que, pour être robuste, une théorie de la transition forestière doit être contingente et reconnaître que les variables macro-sociales fréquemment invoquées pour expliquer les transitions forestières (ex. : démocratisation, intensification agricole, croissance économique) peuvent aussi leur nuire. Une telle théorie doit également prendre en compte des éléments d’explication non strictement économiques et souvent négligés (menaces à la sécurité nationale, épuisement des terres perçues comme arables et libres, degré d’attachement aux terres et capacité d’adaptation et résilience des systèmes agricoles). Finalement, les écrits sur la transition forestière doivent reconnaître qu’elle a généralement impliqué des impacts sociaux et même environnementaux négatifs. Une lecture de la transition forestière plus nuancée et moins marquée par l’obsession de la seule reforestation est seule garante d’une saine gestion de l’environnement en respect avec les droits humains, la justice sociale et le développement durable.