The social development strategy of the Shiites in Lebanon

This study examines what many scholars have neglected to investigate when addressing post Civil War issues in Lebanon. Most studies have addressed political issues surrounding activities of Shiite movements, such as Harakat Amal or Hizb Allah, while socioeconomic issues have been neglected.^ Imam Musa Sadr challenged the power of traditional Shiite leaders by creating official Shiites institutions and movements like Amal. The Iranian Revolution and the Israeli invasion of Lebanon in 1982 sparked the creation of Hizb Allah which, not only struggled against its foes, but also provided social services to the Shiites. This development program has been central in creating political legitimacy for Hizb Allah, regardless of its military situation, which suggests that socioeconomic development can transform a militia into a legitimate actor on the Lebanese political scene. The survivability of Shiite parties is therefore tantamount to not only their military might, but also to their social involvement. ^

Square and compass: Freemasonry's tools for constructing a global civil society

The concept of a global civil society is gaining greater acceptance among International Relations (IR) scholars, yet few studies exist that look at the role of fraternal organizations and their influence in constructing this realm. Freemasonry, one of the oldest fraternal orders, exerts a powerful influence on its membership through its symbolism, architecture and ritual, based on the tenets of mutual respect and tolerance towards all human beings. Such principles helped in creating a body of practices and institutions as early as the eighteenth century which two hundred years later were identified and conceptualized as global civil society. ^ The allegations of anti-Masons and conspiracy theorists offer a continuous account of Masonry's influence on the political scene since its modern founding in 1717 Great Britain. Conspiracy theorists portray the coming of a New World Order, orchestrated and directed by a secret hierarchy of Masons/Illuminati. Even though the lens of conspiracy theories paints a distorted view of reality, it does focus attention to Freemasonry's activities as a major player in politics over the span of three centuries. Not only do such theories challenge the novelty of practices that make up a global civil society, but also the notion that it is an inclusive and growing sector that unites people across the globe. They also provide a valuable critique by pointing out the inconsistencies and discriminatory practices of Masonry as contrasted with the lofty ideals and aims for humanity. ^ The Masonic influence in the social world is perceived as one that reflects the liberal worldview where the nation-state and power structures are in pursuit of human progress, or profit. The symbolism of Masonry, however, carries a message that can be characterized as representing republican ideals. Masonic symbolism and ritual create spaces of meaning where the contradictions between the ideals and the structures of inequality and elitism can be resolved. Freemasonry as a symbolic system proclaiming their inherent republican values does have a global reach. However, the effectiveness of these values is bounded by the constraints that are inherent in a liberal world dominated by nation-states. ^

The Use of the Military for Law Enforcement Activities in Central America

Faced with the violence, criminality and insecurity now threatening peace and democratic governance in Central America, the region’s governments have decided to use the Armed Forces to carry out actions in response to criminal actions, looking to improve their performance. Although public demand for including the Armed Forces in these functions takes place within a legally legitimate framework, it is motivated by tangible circumstances such as increased levels of violence, delinquency and crime. Despite being coupled with the perception of institutional weakness within the security and judicial system (particularly police) and the recognition of prestige, efficiency, discipline and severity in fulfilling the Armed Forces’ missions, these arguments are insufficient to legitimize the use of the military as a police force. Within this context, this paper reflects on the implications or consequences of the use of the Armed Forces in duties traditionally assigned to the police in the Central American region with the goal of contributing to the debate on this topic taking place in the Americas. To achieve this end, first we will focus on understanding the actual context in which a decision is made to involve the Armed Forces in security duties in the region. Second, we will examine the effects and implications of this decision on the Armed Forces’ relations within their respective societies. Third and finally, considering this is already a reality in the region, this paper will provide recommendations. The main findings of this research, resulting from the application of an analyticaldescriptive and historically based study, are organized in three dimensions: the political dimension, by implication referring to the relationship between the ultimate political authority and the Armed Forces; the social dimension, by implication the opinion of citizens; and other implications not only affecting the structural and cultural organization of armies and police but also the complementary operational framework within a context of comprehensive response by the State. As a main conclusion, it poses there is an environment conducive to the use of the Armed Forces in citizen’s security, in view of the impact of threats provoked by criminal structures of a military nature currently operating in Central America. However, this participation creates an inevitable social and political impact if implemented in isolation or given a political leading role and/or operational autonomy. This participation poses risks to the institutions of the Armed Forces and the police as well. Finally, this paper identifies an urgent need for the Armed Forces’ role to be more clearly defined with regard to security matters, limiting it to threats that impact States’ governability and existence. Nonetheless, Central American States should seek a COMPREHENSIVE response to current crime and violence, using all necessary institutions to confront these challenges, but with defined roles and responsibilities for each and dynamic coordination to complement their actions.

Latin America and the Caribbean in 2011 and Beyond: A conversation among Latin America and Caribbean Specialists.

For the first time in more than fifty years, the domestic and external conflicts in Latin America and the Caribbean (LAC) are not primarily ideological in nature. Democracy continues to thrive and its promise still inspires hope. In contrast, the illegal production, consumption, and trading of drugs – and its links to criminal gangs and organizations – represent major challenges to the region, undermining several States’ already weak capacity to govern. While LAC macroeconomic stability has remained resilient, illegal economies fill the region, often offering what some States have not historically been able to provide – elements of human security, opportunities for social mobility, and basic survival. Areas controlled by drug trafficking organizations (DTOs) are now found in Central America, Mexico, and the favelas of Rio de Janeiro and São Paulo, reflecting their competition for land routes and production areas. Cartels such as La Familia, Los Zetas, and Primeiro Comando da Capital (PCC-Brazil), among others, operate like trade and financial enterprises that manage millions of dollars and resources, demonstrating significant business skills in adapting to changing circumstances. They are also merciless in their application of violence to preserve their lucrative enterprises. The El Salvador-Guatemala-Honduras triangle in Central America is now the most violent region in the world, surpassing regions in Africa that have been torn by civil strife for years. In Brazil’s favelas and Guatemala’s Petén region, the military is leaving the barracks again; not to rule, however, but to supplement and even replace the law enforcement capacity of weak and discredited police forces. This will challenge the military to apply lessons learned during the course of their experience in government, or from the civil wars that plagued the region for nearly 50 years during the Cold War. Will they be able to conduct themselves according to the professional ethics that have been inculcated over the past 20 years without incurring violations of human rights? Belief in their potential to do good is high according to many polls as the Armed Forces still enjoy a favorable perception in most societies, despite frequent involvement in corruption. Calling them to fight DTOs, however, may bring them too close to the illegal activities they are being asked to resist, or even rekindle the view that only a “strong hand” can resolve national troubles. The challenge of governance is occurring as contrasts within the region are becoming sharper. There is an increasing gap between nations positioned to surpass their “developing nation” status and those that are practically imploding as the judicial, political and enforcement institutions fall further into the quagmire of illicit activities. Several South American nations are advancing their political and economic development. Brazil in particular has realized macro-economic stability, made impressive gains in poverty reduction, and is on track to potentially become a significant oil producer. It is also an increasingly influential power, much closer to the heralded “emerging power” category that it aspired to for most of the 20th century. In contrast, several Central American States have become so structurally deficient, and have garnered such limited legitimacy, that their countries have devolved into patches of State controlled and non-State-controlled territory, becoming increasingly vulnerable to DTO entrenchment. In the Caribbean, the drug and human trafficking business also thrives. Small and larger countries are experiencing the growing impact of illicit economies and accompanying crime and violence. Among these, Guyana and Suriname face greater uncertainty, as they juggle both their internal affairs and their relations with Brazil and Venezuela. Cuba also faces new challenges as it continues focusing on internal rather than external affairs and attempts to ensure a stable leadership succession while simultaneously trying to reform its economy. Loosening the regime’s tight grip on the economy while continuing to curtail citizen’s civil rights will test the leadership’s ability to manage change and prevent a potential socio-economic crisis from turning into an existential threat. Cuba’s past ideological zest is now in the hands of Venezuela’s President Hugo Chavez, who continues his attempts to bring the region together under Venezuelan leadership ideologically based on a “Bolivarian” anti-U.S. banner, without much success. The environment and natural disasters will merit more attention in the coming years. Natural events will produce increasing scales of destruction as the States in the region fail to maintain and expand existing infrastructure to withstand such calamities and respond to their effects. Prospects for earthquakes, tsunamis, and hurricanes are high, particularly in the Caribbean. In addition, there are growing rates of deforestation in nearly every country, along with a potential increase in cross-sector competition for resources. The losers might be small farmers, due to their inability to produce quantities commensurate to larger conglomerates. Regulations that could mitigate these types of situations are lacking or openly violated with near impunity. Indigenous and other vulnerable populations, including African descendants, in several Andean countries, are particularly affected by the increasing extraction of natural resources taking place amongst their terrain. This has led to protests against extraction activities that negatively affect their livelihoods, and in the process, these historically underprivileged groups have transitioned from agenda-based organization to one that is bringing its claims and grievances to the national political agenda, becoming more politically engaged. Symptomatic of these social issues is the region’s chronically poor quality of education that has consistently failed to reduce inequality and prepare new generations for jobs in the competitive global economy, particularly the more vulnerable populations. Simultaneously, the educational deficit is also exacerbated by the erosion of access to information and freedom of the press. The international panorama is also in flux. New security entities are challenging the old establishment. The Union of South American Nations, The South American Defense Council, the socialist Bolivarian Alliance, and other entities seem to be defying the Organization of American States and its own defense mechanisms, and excluding the U.S. And the U.S.’s attention to areas in conflict, namely Iraq, Afghanistan, and Pakistan – rather than to the more stable Latin America and Caribbean – has left ample room for other actors to elbow in. China is now the top trading partner for Brazil. Russian and Iran are also finding new partnerships in the region, yet their links appear more politically inclined than those of China. Finally, the aforementioned increasing commercial ties by LAC States with China have accelerated a return to the preponderance of commodities as sources of income for their economies. The increased extraction of raw material for export will produce greater concern over the environmental impact that is created by the exploitation of natural resources. These expanded trade opportunities may prove counterproductive economically for countries in the region, particularly for Brazil and Chile, two countries whose economic policies have long sought diversification from dependence on commodities to the development of service and technology based industries.

Altered Landscape or Arms Race? Making Sense of Military Spending in South America

In 2009, South American military spending reached a total of $51.8 billion, a fifty percent increased from 2000 expenditures. The five-year moving average of arms transfers to South America was 150 percent higher from 2005 to 2009 than figures for 2000 to 2004.[1] These figures and others have led some observers to conclude that Latin America is engaged in an arms race. Other reasons, however, account for Latin America’s large military expenditure. Among them: Several countries have undertaken long-prolonged modernization efforts, recently made possible by six years of consistent regional growth.[2] A generational shift is at hand. Armed Forces are beginning to shed the stigma and association with past dictatorial regimes.[3] Countries are pursuing specific individual strategies, rather than reacting to purchases made by neighbors. For example, Brazil wants to attain greater control of its Amazon rainforests and offshore territories, Colombia’s spending demonstrates a response to internal threats, and Chile is continuing a modernization process begun in the 1990s.[4] Concerns remain, however: Venezuela continues to demonstrate poor democratic governance and a lack of transparency; neighbor-state relations between Colombia and Venezuela, Peru and Chile, and Bolivia and Paraguay, must all continue to be monitored; and Brazil’s military purchases, although legitimate, will likely result in a large accumulation of equipment.[5] These concerns can be best addressed by strengthening and garnering greater participation in transparent procurement mechanism.[6] The United States can do its part by supporting Latin American efforts to embrace the transparency process. _________________ [1] Bromley, Mark, “An Arms Race in Our Hemisphere? Discussing the Trends and Implications of Military Expenditures in South America,” Brookings Institution Conference, Washington, D.C., June 3rd, 2010, Transcript Pgs. 12,13, and 16 [2] Robledo, Marcos, “The Rearmament Debate: A Chilean Perspective,” Power Point presentation, slide 18, 2010 Western Hemisphere Security Colloquium, Miami, Florida, May 25th-26th, 2010 [3] Yopo, Boris, “¿Carrera Armamentista en la Regiόn?” La Tercera, November 2nd, 2009, http://www.latercera.com/contenido/895_197084_9.shtml, accessed October 8th, 2010 [4] Walser, Ray, “An Arms Race in Our Hemisphere? Discussing the Trends and Implications of Military Expenditures in South America,” Brookings Institution Conference, Washington, D.C., June 3rd, 2010, Transcript Pgs. 49,50,53 and 54 [5] Ibid., Guevara, Iñigo, Pg. 22 [6] Ibid., Bromley, Mark, Pgs. 18 and 19

Democracy promotion and Turkey

The dissertation documented the degree of Turkey's involvement in the promotion of democracy in the Arab Middle East (ME). Initially, I investigated why and under what conditions Turkey promotes democracy in the ME, and then I explained strategies through which Turkey promotes democracy in the region. I applied the neo-classical realist theoretical framework and a mixed methodology in the research, and I provided evidence from two sources: face-to-face interviews with the Turkish and foreign officials and common citizens, and the statistical data from institutions, such as the OECD, Turkish Statistical Institute, and World Bank.^ My research indicates that Turkey promotes democracy through seven channels. These channels are official development assistance (ODA), mentoring, demonstrative effect, normative pressure, conditionality, military power, enlargement, and civil society organizations. Turkey promotes democracy in the ME for three substantial reasons: first, to advance its security and economic interests; second, to improve the political, social, and economic conditions of people living in the region; and third, to create long-term regional stability, crucial for cooperation in economic and security realms.^ I attempted to engage in debates with two distinct, but interrelated fields of comparative politics and international relations. My most important contribution to the field is that I documented Turkey's case of democracy promotion regarding the degree of Turkey's involvement in this endeavor, its strategies, specificities, and effectiveness in the region. I also contribute to the field as I explained the difference between democracy promotion policies of a regional power, such as Turkey, and global powers, such as the US. I further engaged in discussions that illuminate some aspects of the interplay between the identity and strategic interests in states' foreign policy decisions.^

Assédio moral na administração pública e a responsabilidade civil do estado

The social and economic changes of the last decades have enhanced the dehumanization of labor relations and the deterioration of the work environment, by the adoption of management models that foster competitiveness and maximum productivity, making it susceptible to the practice of workplace bullying. Also called mobbing, bullying can occur through actions, omissions, gestures, words, writings, always with the intention of attacking the self-esteem of the victim and destroy it psychologically. In the public sector, where relations based on hierarchy prevail, and where the functional stability makes it difficult to punish the aggressor, bullying reaches more serious connotations, with severe consequences to the victim. The Federal Constitution of 1988, by inserting the Human Dignity as a fundamental principle of the Republic, the ruler of the entire legal system, sought the enforcement of fundamental rights, through the protection of honor and image of the individual, and ensuring reparation for moral and material damage resulting from its violation. Therefore, easy to conclude that the practice of moral violence violates fundamental rights of individuals, notably the employee's personality rights. This paper therefore seeked to analyze the phenomenon of bullying in the workplace, with emphasis on the harassment practiced in the public sector as well as the possibility of state liability for harassment committed by its agents. From a theoretical and descriptive methodology, this work intended to study the constitutional, infra and international rules that protect workers against this practice, emphasizing on the fundamental rights violated. With this research, it was found that doctrine and jurisprudence converge to the possibility of state objective liability for damage caused by its agents harassers, not forgetting the possibility of regressive action against the responsible agent, as well as its criminal and administrative accountability.

Dispersion and energy relations in periodic chains and grids

In this study wave propagation, dispersion relations, and energy relations for linear elastic periodic systems are analyzed. In particular, the dispersion relations for monoatomic chain of infinite dimension are obtained analytically by writing the Block-type wave equation for a unit cell in order to capture the dynamic behavior for chains under prescribed vibration. By comparing the discretized model (mass-spring chain) with the solid bar system, the nonlinearity of the dispersion relation for chain indicates that the periodic lattice is dispersive in contrast to the continuous rod, which is non dispersive. Further investigations have been performed considering one-dimensional diatomic linear elastic mass-spring chain. The dispersion relations, energy velocity, and group velocity have been derived. At certain range of frequencies harmonic plane waves do not propagate in contrast with monoatomic chain. Also, since the diatomic chain considered is a linear elastic chain, both of the energy velocity and the group velocity are identical. As long as the linear elastic condition is considered the results show zero flux condition without residual energy. In addition, this paper shows that the diatomic chain dispersion relations are independent on the unit cell scheme. Finally, an extension for the study covers the dispersion and energy relations for 2D- grid system. The 2x2 grid system show a periodicity of the dispersion surface in the wavenumber domain. In addition, the symmetry of the surface can be exploited to identify an Irreducible Brillouin Zone (IBZ). Compact representations of the dispersion properties of multidimensional periodic systems are obtained by plotting frequency as the wave vector’s components vary along the boundary of the IBZ, which leads to a widely accepted and effective visualization of bandgaps and overall dispersion properties.

As escolas polivalentes do Triângulo Mineiro e Alto Paranaíba (MG): sondagem vocacional no projeto desenvolvimentista civil-militar (1965–1976)

This study has as object eight state vocational schools located in Araguari, Araxá, Frutal, Ituiutaba, Monte Carmelo, Patos de Minas, Uberaba and Uberlândia, in Minas Gerais. The period analyzed comprises the years from 1965 to 1976, from the signature of the Agreement 512-11-610-042 beteween the Ministry of Education and Culture (MEC) and the American Agency for International Development (USAID), which started a series of other agreements, and actions ending up with the creation of the Expansion and Improvement of High Schools Program (Programa de Expansão e Melhoria do Ensino Médio - PREMEM) and, from this, the Vocational Schools. The upper limit of the study, 1976, was the year when these agreements, known as MEC/USAID agreements ceased. The Vocational Schools were characterized as vocation probing schools, directing the professional formation of the population in general, which would happen a posteriori, turning it shorter and more effective, since the labor market would demand, urgently, capable professionals for an expanding economy. The project of Vocational Schools had a national scope, and foresaw, for its unfolding, the complete substitution of State Schools for the new model, called “multi-curricula”. The theme Vocational schools was the object of my Master’s degree study, when I focused the State School Guiomar de Freitas Costa, in Uberlândia. That study raised questionings and concerns that resulted in the central problem of the thesis presented here: understanding the measure in which such schools integrated the country’s development project – mostly in the first half of the military rule – and to understand its structure, functionality and efficacyThe development of the study presented here, demanded the use of several sources: 1) specialized literature about the topics presented, i.e., the situation of national education in a temporal analysis, the political, economical and social context, research methodologies, the theory of human capital, vocational teaching, pedagogical trends and practices, agreements MEC-USAID and PREMEM; 2) national, state and county laws related to the discussion: laws of national education directives and basis, decrees and reports stating about the program of technical cooperation between Brazil and the United States of America, the Program of Expansion and Improvement of Teaching (PREMEM), formation of professors, establishment of Vocational Schools and educational planning; 3) documentation of school archives: books of minutes of Collegiate and of faculty and staff, registrar books with final scores, enrolment, visits of inspector, accounting books, punch clock records, student, professor and staff occurrences, inventory, class schedules, school year calendar, school rules, class reports, payment rolls, bills of sales, exchanged mail, personal documentation of professional personnel, documents of land acquisition, blueprints, manuals of PREMEM, didactic materials/resources used in classes, books available in the school library, structured evaluations for follow-up of school processes, pictures of events, texts prepared for special dates, and news from the official newspaper and, finally, 4) national and local press reports, especially from Folha de São Paulo, Correio de Araxá, Correio de Uberlândia and Lavoura e Comércio (Uberaba). The proposition of Vocational schools was conciliate theoretical and practical formation through an active education permeated by technological resources. The contact with knowledge and several practical activities under professional supervision, the student would identify the knowledge area that would interest him the most and his aptitude. This formation in primary school would make way for the vocation studies in high school, which became mandatory by the law 5.692/71, that reformed school education from the previous levels of elementary, middle high and high school. However, the multi-curricula proposal that would be spread to the other public schools in the country ended up succumbing to the model already established. From its ephemeral existence, maybe the Vocational Schools have not reached the more general goals in political, economic and social aspects; however, this study demonstrated that, for the people that, directly or indirectly, had contact with such schools, a legacy of vocational and quality teaching was made, so much so, that forty years after the end of that proposal, they are still remembered.

Critique féministe matérialiste du droit civil québécois : le travail « domestique » et les violences sexuées, les « impensés » du droit du logement.

Cette recherche constitue un essai de théorie critique féministe matérialiste et radicale. Elle poursuit principalement un objectif de dénonciation de la structure actuelle du droit du logement. À partir d’un cadre conceptuel fondé sur le féminisme matérialiste et radical, elle souhaite faire ressortir le point de vue de la classe des femmes dans l’habitation. Le droit du logement est ici utilisé dans un sens large, puisqu’il se réfère à la fois au logement comme phénomène juridique, mais aussi sociologique. À l’intérieur de la discipline juridique, il renvoie à l’ensemble des législations actuellement en vigueur au Québec en ce qui concerne la vie à domicile. Notre étude se concentre sur deux modes d’occupation des lieux, à travers le droit de propriété et le système locatif. Le droit au logement fait l’objet d’une reconnaissance internationale dans les textes portant sur les droits humains. Il est reconnu comme le « droit à un logement suffisant ». Au Canada et au Québec, il ne fait pas l’objet d’une reconnaissance explicite, malgré les engagements pris sur la scène internationale. Un portrait statistique, appuyé sur le critère du sexe, permet de mettre en évidence qu’il existe des écarts entre les hommes et les femmes en ce qui concerne la mise en application du droit du logement. Les femmes accèdent plus difficilement à un logement; elles y effectuent la majorité du travail domestique, de service et de « care » et elles sont les principales victimes des violences commises à domicile. Dans le système d’habitation, l’expérience des femmes se comprend comme une appropriation à la fois privée et collective par la classe des hommes, telle que réfléchie par Colette Guillaumin, qui se concentre autour de la division sexuelle du travail et des violences sexuées. Le droit du logement, dans sa forme actuelle, repose sur l’appropriation de la force de travail des femmes et de leur corps. Ces deux critères permettent de construire une grille d’analyse féministe matérialiste et radicale pour analyser la structure du droit du logement, tel que conçu en droit civil. Cette analyse féministe permet également de situer le droit étatique comme une pratique patriarcale. Cette dernière contribue à assurer le maintien du système d’habitation, qui est assimilable à un système hégémonique, au sens développé par Gramsci. Cette étude réfléchit sur le droit du logement dans le climat politique néolibéral. Le néolibéralisme est développé comme une idéologie qui impose une rationalité marchande à l’ensemble des politiques étatiques. À partir d’une méthode décrite comme métathéorique externe radicalement réflexive, puisqu’elle propose l’importation d’outils conceptuels étrangers à la discipline du droit moderne, nous réfléchissons de manière radicale la construction du droit civil et des institutions qui encadrent le droit du logement. La collecte des données s’effectue à partir de la recherche documentaire. Quatre institutions du droit civil seront examinées dans le détail, soit le sujet du droit, la dichotomie privé/public, la médiation du droit du logement par les biens immeubles, à travers le rapport contractuel et le droit de propriété, et finalement les notaires. L’analyse féministe du sujet du droit insiste sur un paradoxe. D’une part, l’universalité présumée de ce sujet, laquelle permet de poser l’égalité et la liberté pour toutes les personnes juridiques. Or, plutôt que d’être neutre sexuellement comme le prétend le droit positif, nous démontrons comment ce sujet est constamment un membre de la classe des hommes. D’autre part, nous analysons comment le droit reconnaît le sexe de ses sujets, mais surtout comment cette sexualité est construite sur l’idéologie naturaliste. Ce modèle de sujet masculin est fondamental dans la construction du droit du logement. L’étude féministe de la dichotomie privé/public en fait ressortir le caractère situé. En effet, si par essence aucun domaine ou enjeu n’est en soit privé ou public, le processus de qualification, lui, est un acte de pouvoir. Nous verrons comment le droit civil crée des zones de droit privé, comprises comme des zones de non-droit pour les femmes. La qualification de privé dévalue également le travail accompli par cette classe de sexe. Le droit du logement est pourtant centré sur le rapport contractuel et sur le droit de propriété. Il importe alors d’examiner la nature du consentement donné par les femmes comme groupe social dans les contrats de vente et de location. Ces contrats ne prennent pas en compte l’expérience des femmes dans leur formation. Les catégories qui y sont attachées, telles que vendeur.e ou locataire, représentent le point de vue de la classe des hommes. Bien que la popularité de la copropriété auprès de la classe des femmes semble porteuse d’un vent de changement, nous analysons comment le discours dominant qui l’entoure instrumentalise certaines revendications féministes, tout en laissant dans l’ombre la question du travail domestique et des violences sexuées. Finalement, nous nous intéressons aux notaires en les repensant comme des intellectuel.les organiques, tels que conçu.es par Gramsci, pour la classe des hommes. Cette fonction d’intellectuel.les permet de mettre en lumière comment chaque transaction immobilière favorise la reproduction des intérêts patriarcaux, remettant ainsi en question la nature des devoirs de conseil et d’impartialité du notariat. À la lumière de cette analyse, le Code civil du Québec est qualifié dans une perspective féministe matérialiste et radicale pour devenir un système qui institutionnalise l’appropriation des femmes par l’entremise du droit du logement. Ce travail de recherche permet d’envisager certaines pistes de réflexion pour des rénovations potentielles des pratiques juridiques entourant le droit du logement, notamment la pratique notariale, tournées vers des objectifs féministes de justice sociale.

Sandcastles of hope? Civil society organizations and the working conditions of migrant farmworkers in North America

This research explores whether civil society organizations (CSOs) can contribute to more effectively regulating the working conditions of temporary migrant farmworkers in North America. This dissertation unfolds in five parts. The first part of the dissertation sets out the background context. The context includes the political economy of agriculture and temporary migrant labour more broadly. It also includes the political economy of the legal regulations that govern immigration and work relations. The second part of the research builds an analytical model for studying the operation of CSOs active in working with the migrant farmworker population. The purpose of the analytical framework is to make sense of real-world examples by providing categories for analysis and a means to get at the channels of influence that CSOs utilize to achieve their aims. To this end, the model incorporates the insights from three significant bodies of literature—regulatory studies, labour studies, and economic sociology. The third part of the dissertation suggests some key strategic issues that CSOs should consider when intervening to assist migrant farmworkers, and also proposes a series of hypotheses about how CSOs can participate in the regulatory process. The fourth part probes and extends these hypotheses by empirically investigating the operation of three CSOs that are currently active in assisting migrant farm workers in North America: the Agricultural Workers Alliance (Canada), Global Workers’ Justice Alliance (USA), and the Coalition of Immokalee Workers (USA). The fifth and final part draws together lessons from the empirical work and concluded that CSOs can fill gaps left by the waning power of actors, such as trade unions and labour inspectorates, as well as act in ways that these traditional actors can not.

The Evolution and Reform of Summary Trials in Canadian Military Justice

There is a place where a Canadian citizen can be sent to 30 days detention, by someone who is not a judge, without being represented by counsel, and without having a meaningful right to appeal. It is the summary trial system of the Canadian Armed Forces. This thesis analyses that system and suggests reforms. It is aimed at those who have an interest in improving the administration of military justice at the unit level but want to sufficiently understand the issues before doing so. Through a classic legal approach with elements of legal history and comparative law, this study begins by setting military justice in the Canadian legal firmament. The introductory chapter also explains fundamental concepts, first and foremost the broader notion of discipline, for which summary trial is one of the last maintaining tools. Chapter II describes the current system. An overview of its historical background is first given. Then, each procedural step is demystified, from investigation until review. Chapter III identifies potential breaches of the Charter, highlighting those that put the system at greater constitutional risk: the lack of judicial independence, the absence of hearing transcript, the lack of legal representation and the disparity of treatment between ranks. Alternatives adopted in the Canadian Armed Forces and in foreign jurisdictions, from both common law and civil law traditions, in addressing similar challenges are reviewed in Chapter IV. Chapter V analyses whether the breaches could nevertheless be justified in a free and democratic society. Its conclusion is that, considering the availability of reasonable alternatives, it would be hard to convince a court that the current system is a legitimate impairment of the individual’s legal rights. The conclusion Chapter presents options to address current challenges. First, the approach of ‘depenalization’ taken by the Government in recent Bill C-71 is analysed and criticised. The ‘judicialization’ approach is advocated through a series of 16 recommendations designed not only to strengthen the constitutionality of the system but also to improve the administration of military justice in furtherance of service members’ legal rights.

Contemporary Transformations of the Relations between Politics, Culture and Religion in Western Europe. Some Notes on the Spanish Case

According to Tilly, two laws shaped the process of transformation undergone by Western European societies since the Peace of Westphalia until the end of the 20th century: their increasing inner homogenisation and their growing heterogeneity between them. Cultural inner homogenisation affected, fi rst, those ethnic groups living within the territories of the said states. The second phase of homogenisation impinged on those groups that immigrated after World War II. This process followed different models according to the country considered, but the 1973 oil crisis revealed their general lack of success. During the last quarter of the 20th century and onwards, these European societies have been altered by two progressive and contradictory global logics: a process of cultural homogenisation at the world level (rather than society level) and a process of cultural re-creation led by those groups with an immigrant background, who have reacted against their integration shortcomings by searching for new sources of social and personal esteem in their respective cultural and religious traditions. This paper seeks to clarify these processes from a social differentiation and political representation theory perspective. The latter becomes indispensable, as the said processes have happened in a context in which the structure of relations (i.e. communication) between civil society and the democratic political sphere have experienced a radical crisis. In this way, the complex relations that exist between civil society, culture, religion and politics in these Western European societies are depicted.

W. E. B. Du Bois, Black Agency and the Slaves' Civil War

This article reviews the historical literature on slave self-activity during the US Civil War, taking account of recent developments in historiography. Attempting to move beyond the debate between those who argue for 'slave self-emancipation' and others who emphasize the role of high politics, this article suggests that while slaves played a central role in re-directing the war into an assault on slavery, there were severe constraints on their activity as well. Northern military advances played a critical role in opening up the Confederate South to slave self-assertion.

Divided Conquerors: the Rump Parliament, Cromwell's Army and Ireland

This article reassesses the relationship that existed in the period 1649–53 between war in Ireland and politics in England. Drawing upon a largely overlooked Irish army petition, it seeks to remedy an evident disconnect between the respective historiographies of the Cromwellian conquest of Ireland on the one hand and the Rump Parliament on the other. The article reconstructs some of the various disputes over religion, authority and violence that undermined the unity of the English wartime regime in Ireland. It then charts the eventual spilling over of these disputes into Westminster politics, arguing that their impact on deteriorating army-parliament relations in the year prior to Oliver Cromwell’s expulsion of the Rump in April 1653 has not been fully appreciated. The key driver of these developments was John Weaver, a republican MP and commissioner for the civil government of Ireland. The article explains how his efforts both to place restraints on the excessive violence of the conquest and to exert civilian control over the military evolved, by 1652, into a determined campaign at Westminster to strengthen the powers of Ireland’s civil government and to limit the army’s share in the prospective Irish land settlement. Weaver’s campaign forced the army officers in Ireland to intervene at Westminster, thus placing increased pressure on the Rump Parliament. This reassessment also enables the early 1650s to be viewed more clearly as a key phase in the operation of the longer-term relationships of mutual influence that existed between Dublin and London in the seventeenth century.