The Mystery of Privity: Grand Trunk Railway Company of Canada v Robinson (1915)

This article examines a little known decision of the Judicial Committee of the Privy Council: Grand Trunk Railway Company of Canada v Robinson (1915). The examination is historical and it provides a different insight into the understanding of privity of contract, a doctrine central to contract law. The examination reveals a process of trans-Atlantic legal migration in which English law was applied to resolve an Ontario case. The nature of the resolution is surprising because it appears to conflict with the better known decision of the House of Lords, Dunlop Pneumatic Tyre Company, Limited v Selfridge and Company, Limited, which a similarly constituted panel delivered in the same week. This article argues that there was a greater malleability in the resolution of cases concerned with privity than was thought to have existed. It is also argued that the power of Canadian railway capitalism is a significant factor in understanding the legal resolution of the case. Finally, it the article considers the use of English and American precedents relevant to the case. The application of English precedents to the case led to a resolution not entirely befitting Canadian conditions.

The politics of slowness and the traps of modernity

This chapter re-evaluates the diachronic, evolutionist model that establishes the Second World War as a watershed between classical and modern cinemas, and ‘modernity’ as the political project of ‘slow cinema’. I will start by historicising the connection between cinematic speed and modernity, going on to survey the veritable obsession with the modern that continues to beset film studies despite the vagueness and contradictions inherent in the term. I will then attempt to clarify what is really at stake within the modern-classical debate by analysing two canonical examples of Japanese cinema, drawn from the geidomono genre (films on the lives of theatre actors), Kenji Mizoguchi’s Story of the Late Chrysanthemums (Zangiku monogatari, 1939) and Yasujiro Ozu’s Floating Weeds (Ukigusa, 1954), with a view to investigating the role of the long take or, conversely, classical editing, in the production or otherwise of a supposed ‘slow modernity’. By resorting to Ozu and Mizoguchi, I hope to demonstrate that the best narrative films in the world have always combined a ‘classical’ quest for perfection with the ‘modern’ doubt of its existence, hence the futility of classifying cinema in general according to an evolutionary and Eurocentric model based on the classical-modern binary. Rather than on a confusing politics of the modern, I will draw on Bazin’s prophetic insight of ‘impure cinema’, a concept he forged in defence of literary and theatrical screen adaptations. Anticipating by more than half a century the media convergence on which the near totality of our audiovisual experience is currently based, ‘impure cinema’ will give me the opportunity to focus on the confluence of film and theatre in these Mizoguchi and Ozu films as the site of a productive crisis where established genres dissolve into self-reflexive stasis, ambiguity of expression and the revelation of the reality of the film medium, all of which, I argue, are more reliable indicators of a film’s political programme than historical teleology. At the end of the journey, some answers may emerge to whether the combination of the long take and the long shot are sufficient to account for a film’s ‘slowness’ and whether ‘slow’ is indeed the best concept to signify resistance to the destructive pace of capitalism.

The horizontal spread of a vertical malady: cosmopolitanism and history in Pernambuco’s recent cinematic sensation

Brazil’s recent cinematic sensation, O som ao redor/Neighboring Sounds (Kleber Mendonça Filho, 2012), displays an effective integration of form and content, as exemplified by its vertical figuration that crystallizes the devastating effects of property development and global capitalism. This chapter will attempt to unravel a two-way drive within this vertical motif: a movement off the ground, resulting in global cosmopolitanism; and another into the ground, in search of the social history and film history at its base. As I hope to demonstrate, despite the characters’ late postmodernist disconnect from local context and history, O som ao redor offers a perspicacious insight into regional and national history that contributes an original and exciting addition to Brazilian and world cinema.

Participatory Development

Participatory development is a process of taking into account peoples’ agency in development by involving people in decision-making over planning processes that affect their lives. This permits people to achieve basic human needs but also to exercise their ability to challenge the established values and institutions that reproduce the monolithic enterprise of capitalism. Against de-territorialised and universal solutions put forward by development experts, participation raises the central issue of reflexivity, while suggesting how different forms of knowledge, power and agency relate to one another in actors’ diverse spheres of life to achieve degrees of social and environmental justice; this configures the notion of participation in processes of development.

Reflections on the concept of the common good from an economic perspective

The chapter considers how the common good can be implemented when opinions differ within society about the nature of the common good. It explains how economic analysis can shed light on efficient conflict-management in these circumstances. The chapter argues, more generally, that virtue theorists make too little use of economics because they have an unduly restricted view of the nature and scope of the discipline

Class Struggle, Elitism and Social Collectivism in Ngugi wa Thiong’o’s Devil on the Cross : A Marxist Approach

Ngugi wa Thiong’o’s Devil on the Cross represents both an insightful interpretation and a scathing critique of Kenyan politics and society during the period of neo-colonialism. The present thesis aims to explore, with the help of Marxist ideology and criticism, the relevance of the issues of class struggle, elitism and social collectivism in the novel. At the same time, this study will attempt to define Devil on the Cross as a "national allegory" depicting situations that are common to almost all post-colonial societies, and in particular, how the novel's ideological and political commitment is an important feature as it reflects Ngugi’s effort to draw attention to how Kenya and Africa as a whole suffered from imperialism, neo-colonialism, and a corrupt and greedy capitalist society.

Preferenser och intressen hos Svenskt Näringsliv och Landsorganisationen om arbetskraftsinvandring under 2000-talets inledning

Preferences and interests of SN and LO about labour migration in the early 2000s The article uses a political economy approach to analyze the preferences of the social partners SN and LO and to identify the coincided and disparate interests which the two organizations tried to defend in relation to labour migration in the debate prior to the Swedish labour migration policy reform in 2008. In contrast to presumptions by Varieties of Capitalism (VoC) scholars,the results of this article reveal that SN has preferred a market-liberal labour migration policy regime at odds with institutional traditions of the Swedish labour market model. However, LO has instead preferred a state-coordinated and regulated labour migration policy regime. In contrast to SN, LO’s preferences reflected basic trade union interests to limit the supply of labour and to minimize potential negative effects for the functioning of the Swedish labour market model. Moreover, the article suggests the importance of changed power relations between the social partners and a shift of Swedish government to explain SN’s influence in the debate prior to the labour migration policy change 2008 in a market-liberal direction.

Non-Participatory Poverty

In a capitalistic market society, all individuals should have an equal opportunity to participate, with varying extents, in consumerism. Democracy entitles one to political participation but people have come to value consumer participation as having more importance as shopping and the exchange of goods and services have become an important part of everyday living. Yet not everyone can participate in consumerism and they end up suffering, especially the children living in poverty. These children internalize the message that since they cannot participate in a society based on material consumption, they cannot belong. Poverty not only causes individuals to experience their lives differently, but also affects the development of one’s physical, cognitive, social, and emotional identity. Many of the consequences of poverty have been scrutinized and studied to try to explain the experiences of such children. What has not been closely examined however is the relationship between the inability to participate in a consumer society and the bodily being, thoughts, actions, and feelings of impoverished children. I will discuss how these effects of poverty result in the inability of children to participate in society.

Ethics in a capitalistic society

The problem of semantics is inherent in any discussion of ethics. The general term "ethics" is itself commonly confused. In addition, systems of ethics must be built upon assumptions, and assumptions are necessarily subject to lengthy debate. These two problems are encountered in my investigation of the ethical practices of the modern business community and to remedy the situation I have taken two steps: the first being an attempt to clarify the meaning of terms used therein;-and the second being a clear description of the assumptions utilized to further my analysis. To satisfy those who would disagree with these assumptions, I have attempted to outline the consequences of differing premises. The first assumption in my discussion is that the capitalistic economy is powered by the motivation supplied by man's self-interest. We are conditioned to basing our courses of action upon an orientation toward gratifying this self-interest. Careers are chosen by blending aptitude, interest, and remuneration. of course, some people are less materially inclined than others, but the average member of our capitalistic society is concerned with the physical rewards derived from his employment. Status and happiness are all-important considerations in pursuing a chosen course of action, yet all too often they are measured in physical terms. The normal self-interest natural to mankind is heightened in capitalism, due to the emphasis placed upon material compensation. Our thinking becomes mechanistic as life devolves into a complex game played by the rules. We are accustomed to performing meaningless or unpleasant duties to fulfill our gratifications. Thought, consequently, interferes with the completion of our everyday routines. We learn quickly not to be outspoken, as the outspoken one threatens the security of his fellow man. The majority of the people are quite willing to accept others views on morality, and indeed this is the sensible thing to do as one does not risk his own neck. The unfortunate consequence of this situation has been the substitution of the legal and jural for the moral and ethical. Our actions are guided by legal considerations and nowhere has this been more evident than in the business community. The large legal departments of modern corporations devote full time to inspecting the legality of corporate actions. The business community has become preoccupied with the law, yet this is necessarily so. Complex, modern, capitalistic society demands an elaborate framework of rules and regulations. Without this framework it would be impossible to have an orderly economy, to say nothing of protecting the best interests of the people. However, the inherent complexities, contradictions, and sometimes unfair aspects of our legal system can tempt men to take things into their own hands. From time to time cases arise where men have broken laws while acting in good faith, and other cases where men have been extremely unethical without being illegal. Examples such as these foster the growth of cynicism, and generally create an antagonistic attitude toward the law on the part of business. My second assumption is that the public, on the whole, has adopted an apathetic attitude toward business morality. when faced with an ethical problem, far too many people choose to cynically assume that, if I don't do it someone else will. "The danger of such an assumption lies in that it eliminates many of the inhibitions that normally would preclude unethical action. The preventative factor in contemplating an unethical act not only lies in it going against the "right course of action", but also in that it would display the actor as one of the few, immoral practitioners. However, if the contemplator feels that many other people follow the same course of action, he would not feel himself to be so conspicuous. These two assumptions underly my entire discussion of modern business ethics., and in my judgment are the two most important causal factors in unethical acts perpetrated by the business community. The future elimination of these factors seems improbable, if not futile, yet there is no reason to consider things worse than they ever have been before. The heightened public interest in business morality undoubtedly lies in part in the fact that examples of corporate malpractice are of such magnitude in scope, and hence more newsworthy.

Assalto ao estado e ao mercado, neoliberalismo e teoria econômica

O Estado e o mercado são instituições complementares. O Estado é a instituição principal que coordena as sociedades modernas; é o sistema constitucional e a organização que o garante; é o principal instrumento através do qual as sociedades democráticas estão moldando o capitalismo de modo a alcançar seus próprios objetivos políticos. Os mercados são instituições baseadas na competição, regulada pelo Estado para que contribuam com a coordenação da economia. Enquanto o liberalismo emergiu no século 18 para combater o estado autocrático, desde os anos 1980 o neoliberalismo (uma distorção maior do liberalismo econômico) tornou-se dominante e montou um assalto ao estado em nome do mercado, mas eventualmente também atacou o mercado. A macroeconomia neoclássica e a teoria da escolha pública foram as meta-ideologias que deram a esse assalto um apelo ‘científico’ e matemático.

Getúlio Vargas: o estadista, a nação e a democracia

Getulio Vargas foi o grande estadista do Brasil do século vinte. Vindo de uma família de senhores de terra, Getulio Vargas comandou a transição do Brasil de uma economia agrária para uma economia industrial. Um nacionalista, ele foi capaz de chamar os empresários industriais, a burocracia pública e os trabalhadores urbanos para um pacto político e uma estratégia nacionaldesenvolvimentista. Com um governo autoritário entre 1930 e 1945, ele quebrou a hegemonia das oligarquias agrária e mercantilista que dominavam o Brasil até então. Um populista, ele foi o primeiro político a estabelecer uma relação com o povo ao invés de apenas com suas elites. Em seu segundo governo, entre 1951 e 1954, ele completou seu projeto nacional. Depois dele e do governo Kubitschek, a revolução industrial e a capitalista do Brasil iniciada em 1940 podia ser considerada completa – o que abriu espaço para uma democracia mais consolidada no país.

Uma avaliação da economia convencional ou abandonando-se o trade off eficiência equidade

O objetivo desta proposta é discutir os limites da análise walrasiana convencional e apresentar uma alternativa a ela. Os limites daquela análise são o de supor custos zero de transação e normas e preferências dos agentes dados exogenamente. A visão alternativa considera que muitas e importantes transações no capitalismo, chamados relações contestadas, demandam custos de controle e monitoramento, e podem gerar endogenamente diferentes formas de comportamentos. Estas condições podem dar lugar a fundamentos alternativos para as análises micro e macroeconômicos bem como ver implicações importantes para as políticas de estabilização.

Interesse, ideologia & incompetência: a guerra do Iraque e o segundo consenso de Washington

Este projeto continua a avançar o programa de pesquisa que relaciona desenvolvimento econômico e democracia: pretende-se neste projeto dar um passo adiante e examinar como a democracia, uma vez consolidada como fruto do desenvolvimento capitalista, se torna ela própria um fator de desenvolvimento, particularmente quando ela deixa de ser uma mera democracia de elites para se tornar uma democracia de sociedade civil, na qual o debate público passa a ser um elemento central.