Political Liberalism, Free Speech and Public Reason

In this paper, I critically assess John Rawls' repeated claim that the duty of civility is only a moral duty and should not be enforced by law. In the first part of the paper, I examine and reject the view that Rawls' position may be due to the practical difficulties that the legal enforcement of the duty of civility might entail. I thus claim that Rawls' position must be driven by deeper normative reasons grounded in a conception of free speech. In the second part of the paper, I therefore examine various arguments for free speech and critically assess whether they are consistent with Rawls' political liberalism. I first focus on the arguments from truth and self-fulfilment. Both arguments, I argue, rely on comprehensive doctrines and therefore cannot provide a freestanding political justification for free speech. Freedom of speech, I claim, can be justified instead on the basis of Rawls' political conception of the person and of the two moral powers. However, Rawls' wide view of public reason already allows scope for the kind of free speech necessary for the exercise of the two moral powers and therefore cannot explain Rawls' opposition to the legal enforcement of the duty of civility. Such opposition, I claim, can only be explained on the basis of a defence of unconstrained freedom of speech grounded in the ideas of democracy and political legitimacy. Yet, I conclude, while public reason and the duty of civility are essential to political liberalism, unconstrained freedom of speech is not. Rawls and political liberals could therefore renounce unconstrained freedom of speech, and endorse the legal enforcement of the duty of civility, while remaining faithful to political liberalism.

Partisanship and Public Reason

In the large body of literature concerning John Rawls’s Political Liberalism (1993) and his conception of public reason, little attention has been paid to the implications that the constraints of public reason have for partisans, i.e. citizens who participate in politics through political parties. This paper argues that even on the basis of a ‘mild’ understanding of Rawls’s conception of the constraints of public reason, which takes into account the various stipulations Rawls provided throughout his later work, when applied to partisans the constraints of public reason lose none or little of their hindering force. This seriously undermines the contribution that parties and partisans can provide to the change and the varieties of public reason that Rawls himself advocates as a response to social change and, therefore, to political justification and legitimacy. Parties articulate, coordinate and enhance societal demands which, without their support, may remain unheard and fail to change the acceptable terms of public reason and political justification. If the political speech of partisans is restrained, this potential for change (and, therefore, its contribution to political legitimacy) is seriously undermined.

How secure is a Newtonian paradigm for psychological and educational measurement?

From the early 1900s, some psychologists have attempted to establish their discipline as a quantitative science. In using quantitative methods to investigate their theories, they adopted their own special definition of measurement of attributes such as cognitive abilities, as though they were quantities of the type encountered in Newtonian science. Joel Michell has presented a carefully reasoned argument that psychological attributes lack additivity, and therefore cannot be quantities in the same way as the attributes of classical Newtonian physics. In the early decades of the 20th century, quantum theory superseded Newtonian mechanics as the best model of physical reality. This paper gives a brief, critical overview of the evolution of current measurement practices in psychology, and suggests the need for a transition from a Newtonian to a quantum theoretical paradigm for psychological measurement. Finally, a case study is presented that considers the implications of a quantum theoretical model for educational measurement. In particular, it is argued that, since the OECD’s Programme for International Student Assessment (PISA) is predicated on a Newtonian conception of measurement, this may constrain the extent to which it can make accurate comparisons of the achievements of different education systems.

Living in The Matrix: Virtual Reality Systems and Hyperspatial Representation in Architecture

In the digital age, the hyperspace of virtual reality systems stands out as a new spatial concept creating a parallel realm to "real" space. Virtual reality influences one’s experience of and interaction with architectural space. This "otherworld" brings up the criticism of the existing conception of space, time and body. Hyperspaces are relatively new to designers but not to filmmakers. Their cinematic representations help the comprehension of the outcomes of these new spaces. Visualisation of futuristic ideas on the big screen turns film into a medium for spatial experimentation. Creating a possible future, The Matrix (Andy and Larry Wachowski, 1999) takes the concept of hyperspace to a level not-yet-realised but imagined. With a critical gaze at the existing norms of architecture, the film creates new horizons in terms of space. In this context, this study introduces science fiction cinema as a discussion medium to understand the potentials of virtual reality systems for the architecture of the twenty first century. As a "role model" cinema helps to better understand technological and spatial shifts. It acts as a vehicle for going beyond the spatial theories and designs of the twentieth century, and defining the conception of space in contemporary architecture.

Creating an eLearning Resource to Improve Knowledge and Understanding of Pregnancy in the Context of HIV Infection

Patient narratives have much to teach healthcare professionals about the experience of living with a chronic condition. While the biomedical narrative of HIV treatment is hugely encouraging, the narrative of living with HIV continues to be overshadowed by a persuasive perception of stigma. This paper presents how we sought to translate the evidence from a qualitative study of the perspectives of HIV affected pregnant women and expectant fathers on the care they received, from the pre conception to post natal period, into educational material for maternity care practice. Narrative scripts were written based on the original research interviews, with care taken to reflect the key themes from the research. We explore the way in which the qualitative findings bring to life patient and partner experiences and what it means for nurses, midwives and doctors to be prepared to care for couples affected by HIV. In so doing, we challenge the inequity between the dominance of biomedical knowledge over understanding the patient experience in the preparation of health professionals to care for HIV affected women and men who are having a baby or seeking to have a baby.

Citizenship and (Un)Sustainability: A Green Republican Perspective

This chapter explores some of the connections (causal and other) between the decline in active citizenship, the displacement of citizenship by consumer identities and interests, and the shift to a transactional mode of democratic politics and how and in what ways these are connected with “actually existing unsustainability.” It proposes an account of “green republican citizenship” as an appropriate theory and practice of establishing a link between the practices of democracy and the processes of democratization in the transition from unsustainability. The chapter begins from the (not uncontroversial) position that debt-based consumer capitalism (and especially its more recent neoliberal incarnation) is incompatible with a version of democratic politics and associated norms and practices of green citizenship required for a transition from unsustainable development. It outlines an explicitly “green republican” conception of citizenship as an appropriate way to integrate democratic citizenship and creation of a more sustainable political and socio-ecological order.

Changing the intellectual climate

Calls for more broad-based, integrated, useful knowledge now abound in the world of global environmental change science. They evidence many scientists' desire to help humanity confront the momentous biophysical implications of its own actions. But they also reveal a limited conception of social science and virtually ignore the humanities. They thereby endorse a stunted conception of 'human dimensions' at a time when the challenges posed by global environmental change are increasing in magnitude, scale and scope. Here, we make the case for a richer conception predicated on broader intellectual engagement and identify some preconditions for its practical fulfilment. Interdisciplinary dialogue, we suggest, should engender plural representations of Earth's present and future that are reflective of divergent human values and aspirations. In turn, this might insure publics and decision-makers against overly narrow conceptions of what is possible and desirable as they consider the profound questions raised by global environmental change.

Proportionality in Age Discrimination Cases - a Model Suitable for Socially Embedded Rights

This chapter discusses the use of proportionality in age discrimination cases before the Court of Justice of the European Union. It argues that the Court does not use this concept systematically - indeed it exposes some contradiction that make the case law seem arbitrary - and proposes a more fruitful use of the principle, which is in line with a modern conception of human rights. The chapter argues that the principle of proportionality stems from the time when human rights served the recently liberated burgeois elite in guarding their rights to property and liberty against the state. Today, states not only respect human rights (which is fully sufficient for this elite, who can rely on their inherited wealth to fend for themselves). They also protect and promote human rights, and these activities are a precondition for human rights to be practically relevant for the whole population. This also means that state activity, which is experienced as a limitation of rights to property and liberty by some, may constitute a measure to promote and protect human rights of others. In employment law - the only field where the EU ban on age discrimination is applied - this is a typical situation. If such a situation occurs, the principle of proportionality must be applied in a bifurcated way.It is not sufficient that the limitation of property rights is proportionate for the achievement of a public policy aim. If the aim of public policy is to enable the effective use of human rights, the limitation of the state action must be proportionate to the protection and promotion of those human rights. It is argued that the principle of proportionality is superior to less structures balancing acts (e.g. the Wednesbury principle), if it is applied both ways. Going over to the field of age discrimination, the chapter identifies a number of potentially colliding aims pursued in this field. Banning age discrimination may relate to genuine aims of anti-discrimination law if bias against older or very young workers is addressed. However, the EU ban of discrimination against all ages also serves to restructure employment law and policy to the age of flexibilisation, replacing the synchronisation principle that has been predominant for the welfare states of the 20th century. The former aim is related to human rights protection, while the latter aim is not (at least not always). This has consequences for applying the proportionality test. The chapter proposes different ways to argue the most difficult age discrimination cases, where anti-discrimination rationales and flexibilisation rationales clash

Dublin’s ephemeral and imaginary architectures

In 1989, the Irish architectural practice O’Donnell and Tuomey were commissioned to build a temporary pavilion to represent Ireland at the 11 Cities/11 Nations exhibition at Leeuwarden in the Netherlands. Citing Peter Smithson, John Tuomey suggested the pavilion, which drew inspirations from the forms and materials of the modern Irish barn, embodied an intention ‘not just to build but to communicate’. Its subsequent reassembly for the inauguration of the Irish Museum of Modern Art in the courtyard of the seventeenth-century Royal Hospital Kilmainham in Dublin in 1991, drew comparisons between the urban sophistication of this colonial building, its svelte new refit, and the rural expression of O’Donnell + Tuomey’s barn. It was, one critic recently noted, as if ‘a wedding had been crashed by a country cousin who had forgotten to clean his boots’.
It has been argued that temporary or ephemeral pieces of architecture, unburdened by the traditional constraints of firmitas or utilitas, have the ability to offer a concise distillation of meaning and intention. Approaching the qualities of rhetoric, such architectures share similarities with the monument and yet differ in fundamental ways. Their rapid construction in lightweight materials can allow for an almost instantaneous negotiation of zeitgeist. And, unlike the monument, from the outset the space and form of these installations is designed to disappear.
This paper analyses the ephemeral architectures of Dublin in the modern period contextualising their qualities and intentions as they manifest themselves across colonial, post-colonial and contemporary epochs. It finds origins in the theatrical sets of the late eighteenth century and traces their movements into the semi-public sphere of the pleasure garden and finally into the theatre of the streets. It is here that temporary architecture in the city has been at its most potent, allowing the amplification or subversion of the meanings of much larger spaces. Historically, much of Dublin’s most conspicuous instances of ephemeral architecture have been realised as a means of articulating mass spectacle in political, religious or nationalistic events. And while much of this has sought to confirm dominant ideologies, it has also been possible to discern moments of opposition.
The contemporary period, however, has arguably witnessed a shift in ephemeral architectures from explicitly representing ‘positive ideologies’ towards something more oblique or nebulous. This turn towards abstraction in form and space has rendered an especially communicative form of architecture particularly elusive. By examining continuities within the apparent disjuncture between historical and contemporary examples, this paper begins to unpick the language of recent ephemeral architecture in Dublin and situate it within wider global trends where political and economic imperatives are often simultaneously obscured and expressed in public space by a vocabulary of universality. As Jurgen Habermas has suggested, the contemporary value given to the transitory and the ephemeral ‘discloses a longing for an undefiled, immaculate and stable present’.

Breaking the Intimate Screen: Pre-Recording, Special Effects and the Aesthetics of Early British Television

The technological constraints of early British television encouraged drama productions which emphasised the immediate, the enclosed and the close-up, an approach which Jason Jacobs described in the title of his seminal study as 'the intimate screen'. While Jacobs' book showed that this conception of early British television drama was only part of the reality, he did not focus on the role that special effects played in expanding the scope of the early television screen. This article will focus upon this role, showing that special effects were not only of use in expanding the temporal and spatial scope of television, but were also considered to be of interest to the audience as a way of exploring the new medium, receiving coverage in the popular press. These effects included pre-recorded film inserts, pre-recorded narration, multiple sets, model work and animation, combined with the live studio performances. Drawing upon archival research into television production files and scripts as well as audience responses and periodical coverage of television at the time of broadcast, this article will focus on telefantasy. This genre offered particular opportunities for utilising effects in ways that seemed appropriate for the experimentation with the form of television and for the drama narratives. This period also saw a variety of shifts within television as the BBC sought to determine a specific identity and understand the possibilities for the new medium.
This research also incorporates the BBC's own research and internal dialogue concerning audiences and how their tastes should best be met, at a time when the television audience was not only growing in terms of number but was also expanding geographically and socially beyond the moneyed Londoners who could afford the first television sets and were within range of the Alexandra Palace transmissions. The primary case study for this article will be the 1949 production of H.G.Wells’ The Time Machine, which incorporated pre-recorded audio and film inserts, which expanded the narrative out of the live studio performance both temporally and spatially, with the effects work receiving coverage in the popular magazine Illustrated. Other productions considered will be the 1938 and 1948 productions of RUR, the 1948 production of Blithe Spirit, and the 1950 adaptation of The Strange Case of Dr Jekyll and Mr Hyde. Despite the focus on telefantasy, this article will also include examples from other genres, both dramatic and factual, showing how the BBC's response to the changing television audience was to restrict drama to a more 'realistic' aesthetic and to move experimentation with televisual form to non-drama productions such as variety performances.

Beyond Pietism and Prosperity: Religious Resources for Reconstruction and Reconciliation in Zimbabwe

It is often assumed that charismatic Christianity in Africa promotes either a pietist withdrawal from social and political concerns, or a preoccupation with gaining individual health and wealth (the prosperity gospel). This research presents an alternative vision of the role of charismatic Christianity in Zimbabwe. Drawing on an ethnographic case study of a charismatic congregation, it analyzes how these Christians are drawing links between spirituality and social action. This congregation is developing an egalitarian conception of power, promoting service to the poor, and using biblical discourses to support their actions. This can be understood as part of a wider process in which Zimbabwean Christians are using religious resources to develop a vision for reconstruction and reconciliation. This article points to further areas in which the churches could use their public position to raise sensitive issues, including how to deal with the past and heal relationships between previously antagonistic groups.

Non-domination, non-alienation and social equality: towards a republican understanding of equality

The republican idea of non-domination stresses the importance of certain social relationships for a person’s freedom, showing that freedom is a social-relational state. While the idea of freedom as non-domination receives a lot of attention in the literature, republican theorists say surprisingly little about equality. Therefore, the aim of this paper is to carve out the contours of a republican conception of equality.. In so doing, I will argue that republican accounts of equality share a significant normative overlap with the idea of social equality. However, closer analysis of Philip Pettit’s account of ‘expressive egalitarianism’ (which Pettit sees as inherently connected to non-domination) and recent theories of social equality shows that republican non-domination – in contrast to what Pettit seems to claim – is not sufficient for securing (republican) social equality. In order to secure social equality for all, republicans would have to go beyond non-domination.

Independent genomewide screens identify the tumor suppressor VTRNA2-1 as a human epiallele responsive to periconceptional environment

Background: Interindividual epigenetic variation that occurs systemically must be established prior to gastrulation in the very early embryo and, because it is systemic, can be assessed in easily biopsiable tissues. We employ two independent genome-wide approaches to search for such variants.

Results: First, we screen for metastable epialleles by performing genomewide bisulfite sequencing in peripheral blood lymphocyte (PBL) and hair follicle DNA from two Caucasian adults. Second, we conduct a genomewide screen for genomic regions at which PBL DNA methylation is affected by season of conception in rural Gambia. Remarkably, both approaches identify the genomically imprinted VTRNA2-1 as a top environmentally responsive epiallele. We demonstrate systemic and stochastic interindividual variation in DNA methylation at the VTRNA2-1 differentially methylated region in healthy Caucasian and Asian adults and show, in rural Gambians, that periconceptional environment affects offspring VTRNA2-1 epigenotype, which is stable over at least 10 years. This unbiased screen also identifies over 100 additional candidate metastable epialleles, and shows that these are associated with cis genomic features including transposable elements.

Conclusions: The non-coding VTRNA2-1 transcript (also called nc886) is a putative tumor suppressor and modulator of innate immunity. Thus, these data indicating environmentally induced loss of imprinting at VTRNA2-1 constitute a plausible causal pathway linking early embryonic environment, epigenetic alteration, and human disease. More broadly, the list of candidate metastable epialleles provides a resource for future studies of epigenetic variation and human disease.

Land wars in India: Contestations, social forces and evolving neoliberal urban transformation

Land wars in India: Contestations, social forces and evolving neoliberal urban transformation
The recent incidents of ‘land wars’ in India have highlighted the contradictions and challenges of the neoliberal urban transformation through a range of issues across governance, equity and empowerment in the development agenda. Simply put, a strong top down approach and corporate-political nexus have determined the modality of land acquisition, compensation and ultimately the nature of its consumption leaving out majority urban poor from its benefits. The paper focuses on the concept of neoliberalism as a modality of urban governance and emergence of the grassroots activism as a countermagnate to neoliberalist hegemony by examining the inequity and marginalization that embody these ‘land wars’ in India and the forms of resistance from the grassroots - their capacity, relationship and modus operandi. Emerging lessons suggest the potential for advancing governance from the bottoms up leading to more equitable distribution of resources. It is however argued that there is a need for a stronger conception of the ‘grassroots’ in both epistemological and empirical context. In particular, the preconditions for the ‘grassroots organisations’ to foster and play a more effective role requires a more inclusive notion of ‘institutionality and plurality’ within the current political economic context. The empirical focus of the paper is ‘land wars’ observed in Kolkata, West Bengal, however references to other examples across the country have also been made.

The United Kingdom, the United Nations Human Rights Council and the first cycle of the Universal Periodic Review

The introduction of the Universal Periodic Review (UPR) mechanism as an innovative component of the new Human Rights Council in 2006 has suffered little academic scrutiny. This is partly because it holds as its objective an improvement in human rights situations on the ground, a goal that is difficult to test amongst so many possible causal factors attributable to law reform and policy change, and partly due to the fact that the mechanism has only completed one full cycle of review. This article seeks to remedy this absence of analysis by examining the experience of the United Kingdom during its first review. In doing so, the article first considers the conception of the UPR, before progressing to examine the procedure and recommendations made to the UK by its peers. Finally, the article considers the five year review of the UPR which occurred as a subset of the Human Rights Council Review in 2011 and the resulting changes to the process modalities.