Between Principle and Practicality: A Dynamic Realist Examination of Independence in the Canadian Justice System

This work examines independence in the Canadian justice system using an approach adapted from new legal realist scholarship called ‘dynamic realism’. This approach proposes that issues in law must be considered in relation to their recursive and simultaneous development with historic, social and political events. Such events describe ‘law in action’ and more holistically demonstrate principles like independence, rule of law and access to justice. My dynamic realist analysis of independence in the justice system employs a range methodological tools and approaches from the social sciences, including: historical and historiographical study; public administrative; policy and institutional analysis; an empirical component; as well as constitutional, statutory interpretation and jurisprudential analysis. In my view, principles like independence represent aspirational ideals in law which can be better understood by examining how they manifest in legal culture and in the legal system. This examination focuses on the principle and practice of independence for both lawyers and judges in the justice system, but highlights the independence of the Bar. It considers the inter-relation between lawyer independence and the ongoing refinement of judicial independence in Canadian law. It also considers both independence of the Bar and the Judiciary in the context of the administration of justice, and practically illustrates the interaction between these principles through a case study of a specific aspect of the court system. This work also focuses on recent developments in the principle of Bar independence and its relation to an emerging school of professionalism scholarship in Canada. The work concludes by describing the principle of independence as both conditional and dynamic, but rooted in a unitary concept for both lawyers and judges. In short, independence can be defined as impartiality, neutrality and autonomy of legal decision-makers in the justice system to apply, protect and improve the law for what has become its primary normative purpose: facilitating access to justice. While both independence of the Bar and the Judiciary are required to support access to independent courts, some recent developments suggest the practical interactions between independence and access need to be the subject of further research, to better account for both the principles and the practicalities of the Canadian justice system.

Minority ethno-faith communities and social inclusion through collaborative research

With alarming suicide rates and a negative identity, Alevi youth felt invisible at school where no one knew about their faith. Through collaboration between the Alevi community, Highbury Grove secondary school and the University of Westminster, we produced lessons on Alevism for the RE curriculum. Alevi pupils helped to design and deliver this successful, inclusive curriculum project, generating considerable interest from peers and the wider school community. Consequently they report a greater sense of belonging and pride in their identity.

Celebrity Capital in the Political Field: Russell Brand’s migration from stand-up comedy to Newsnight

Our case study of charismatic celebrity comedian Russell Brand’s turn to political activism uses Bourdieu’s field theory to understand the process of celebrity migration across social fields. We investigate how Brand’s capital as a celebrity performer, storyteller and self-publicist translated from comedy to politics. To judge how this worked in practice, we analysed the comedic strategies used in his stand-up show Messiah Complex and undertook a conversational analysis of his notorious interview with Jeremy Paxman on the British Broadcasting Corporation (BBC)’s flagship current affairs programme Newsnight. We argue that Brand was able to secure political legitimacy by creatively constituting himself as an authentic anti-austerity spokesperson for the disenfranchised left in United Kingdom. In order to do so, he repurposed his celebrity capital to political ends and successfully deployed the cultural and social capitals he had developed as a celebrity comedian to secure widespread engagement with his media performances.

‘The voice speaking, desired, awaited’: Jack Lindsay’s 1649, Textual Form and Communist Historiography

This article examines the 1938 historical novel 1649: A Novel of a Year by the Anglo-Australian communist polymath Jack Lindsay in the context of the politics of the Popular Front, and identifies the aesthetic and historiographic debates questions that inform Lindsay’s inventive rendition of the historical novel. The novel may be considered in light of what Lindsay later called his desire ‘to use the novel to revive revolutionary traditions’, as well as his ‘struggle to achieve an understanding of the Novel while writing novels’. Lindsay’s novel figures a reality becoming prosaic: it reproduces contemporary textual sources – tracts, pamphlets, newspapers – as part of its meditation on a nascent print culture whose products circulate in processes that mirror the increasingly conspicuous flow of commodities. In this sense, the novel offers a marxist reflection on its own conditions of possibility in emergent bourgeois culture, as well as intervening in the vexed question of the Civil War as a ‘bourgeois revolution’. The novel however seeks to capture a dialectical method of representing the revolution that acknowledges defeat while rearticulating the utopian content of the defeated radicals, a practice integral to Lindsay’s vision of popular history as a transhistorical dialogue. That utopian content is transmitted through two forms: popular song, which acts to supplement political writing; and the heroic portrayal of the Leveller John Lilburne on trial, whose conduct exemplifies praxis conceived as a unity of word, thought and action.

‘Don’t look down!’: A short history of rooftopping photography

The article examines the practice known as ‘rooftopping photography’ and its significance for the representation of vertical cities. It begins by charting the historical development of architecture as a viewing platform in the age of the camera, and dwells on the imagery of cityscapes from above that emerged in the inter-war period. Against this background, the essay investigates how rooftopping arose out of the urban exploration movement and became a global trend in the early 2010s. This phenomenon is situated within its wider social and cultural context, and is discussed with reference to the online media discourse that contributed to its public visibility. A set of ideas from the philosophy of photography and visual culture inform the critical analysis of rooftopping photographs: this broad and diverse body of images is examined with a focus on two predominant modes of representation—panoramic and plunging views. The affective responses elicited by so-called ‘vertigo-inducing’ images are discussed through the concept of vicarious kinaesthesia, which offers insights into the nexus between visceral experience and visual representation that lies at the core of rooftopping. By unpacking this interplay, the essay explores a phenomenon that has hitherto been given little scholarly attention and reflects on its broader implications for the relationship between photography and architecture today.

Resilience and the ‘everyday’: beyond the paradox of ‘liberal peace’

Over the last decade there has been a shift towards critical understandings of ‘liberal peace’ approaches to international intervention, which argue that local culture holds the key to the effectiveness of peace interventions. In this ‘bottom-up’ approach, peace, reconciliation, and a ‘culture of law’ then become secondary effects of sociocultural norms and values. However, these liberal peace critiques have remained trapped in the paradox of liberal peace: the inability to go beyond the binaries of liberal universalism and cultural relativism. This understanding will be contrasted with the rise of ‘resilience’ approaches to intervention – which build on this attention to the particular context of application but move beyond this paradox through philosophical pragmatism and the focus on concrete social practices. This article clarifies the nature of this shift through the focus on the shifting understanding of international intervention to address the failings of the ‘war on drugs’ in the Americas.

Effect of reading sport chronicles on the perception of justice and the predisposition to protest actions in soccer

In this study three chronicles from national newspapers (one generalist and two sport press) were analyzed. The chronicles belong to Spain’s soccer final of the King’s Cup in 2014. The aim of the study was to know if there was any influence on the readers’ perception of justice and consequently if this influence could cause a particular predisposition to participate in acts of protest. 462 university students participated. The results showed that different chronicles caused differences in the perception of justice depending on the chronicle read. However, a clear influence on the willingness to participate in acts of protest was not obtained. These results should make us think about the impact of sport press and its influence, and to be aware of the indirect responsibility of every sector on the antisocial behaviors generated by soccer in our country.

Representing the Unrepresentable: The Photographs of Lee Miller at Buchenwald and Dachau

This article proposes a reflection on what the historian Saul Friedlander called “the limits of representation” of the massacres and genocides, in order to provide evidence to help settle the old debate about the Holocaust unrepresentability. To achieve this, we will carry out a textual analysis of five of the most painful images that the American photographer Lee Miller realized in the Nazi concentration camps of Buchenwald and Dachau, in April 1945. The war correspondent, who had been Man Ray’s assistant photographer, muse and lover, witnessed the horror, and if she knew how to represent it, that was, in a great extent, thanks to its surreal look.

Looking for Determinants of Ontological Security in the Spain of the Crisis

The concept of ontological security has a remarkable echo in the current sociology to describe emotional status of men of late modernity. However, the concept created by Giddens in the eighties has been little used in empirical research covering various sources of risk or uncertainty. In this paper, a scale for ontological security is proposed. To do this, we start from the results of a research focused on the relationship between risk, uncertainty and vulnerability in the context of the economic crisis in Spain. These results were produced through nine focus groups and a telephone survey with standardized questionnaire applied to a national sample of 2,408 individuals over 18 years. This work is divided into three main sections. In the fi rst, a scale has been built from the results of the application of different items present in the questionnaire used. The second part explores the relationships of the scale obtained with the variables further approximate the emotional dimensions of individuals. The third part observes the variables that contribute to changes in the scale: These variables show the structural feature of the ontological security.

Cooperative or collaborative learning: Is there a difference in university students’ perceptions?

The hypothesis that the same educational objective, raised as cooperative or collaborative learning in university teaching does not affect students’ perceptions of the learning model, leads this study. It analyses the reflections of two students groups of engineering that shared the same educational goals implemented through two different methodological active learning strategies: Simulation as cooperative learning strategy and Problem-based Learning as a collaborative one. The different number of participants per group (eighty-five and sixty-five, respectively) as well as the use of two active learning strategies, either collaborative or cooperative, did not show differences in the results from a qualitative perspective.

“Work of Kinship” done by Families in Santiago de Chile

This paper reports the progress achieved in an anthropological investigation based on which there is now a more in depth understanding of some dimensions of the “kinship work” carried out by families in Chile. The main objective is to analyze the work of maintaining family links performed primarily by women within families and show how this work reproduces gender inequalities within them. On the basis of a longitudinal methodology based on semi-structured interviews, it is concluded that the work of maintaining family links performed by women is crucial but goes unnoticed because kinship obligations are seen as a naturally being part of women’s role in the family.

La gárgola en la cultura visual actual

La gárgola ha poblado desde antiguo las cornisas de los edificios religiosos y civiles, sirviendo de evacuación para el agua y para diferentes misiones según las distintas interpretaciones. Su gran componente simbólico hace de ella un reclamo muy interesante para el mundo audiovisual actual. De entre las manifestaciones encontradas, estudiaremos la visión de la gárgola en estos medios y valoraremos su adecuación o no a la visión medieval. Mediante la aparición de la gárgola medieval en el mundo actual en forma de personajes y ornamentos, y gracias a la aplicación de imágenes actuales a las nuevas gárgolas, podemos realizar un recorrido visual y simbólico alrededor de las distintas visiones que la cultura actual realiza de ellas. Pero no podemos quedarnos ahí, es necesario relacionar estas nuevas visiones y significaciones con las originales, para establecer si se ha hecho un uso correcto de la imagen, o se ha roto la estructura del símbolo primigenio.