'Only in the leap from the lion's head will he prove his worth':natural law and international relations

This article argues the benefits of including a theological interpretation of natural law morality within the normative discourses of international politics. It challenges the assumption of a Grotian secular natural law arguing that practical reason, in a Thomist interpretation, is better suited to the demands of international political theory. It engages with themes of agency, practical reason, and community in order to enhance the content of the post-territorial community evidenced in ethical cosmopolitan debates. Likewise, it envisions a simultaneously enhancing a rapprochement among cosmopolitan and communitarian discourses of international politics facilitated through an institutional design guided by the morality of natural law.

Content and drivers of performance management in agency-type organizations of the hungarian public administration

The improving performance of public administration and the reform of public financing system have been on agenda in Hungary for many years, in accordance with the international trends. However, governments have not expected and supported creating of a performance-oriented public administration in a comprehensive and explicit way. Nevertheless, there are bottom-up initiatives at organizational level, which target performance-oriented organizational function. The research focuses on organizations of central public administration where the successful application of performance management methods is most likely based on the international literature. These are the so called agency-type organizations, which are in Hungary called autonomous state-administration organizations independent of the Government (e.g. Hungarian Competition Authority), government bureaus (e.g. Hungarian Central Statistical Office), and central offices subordinated to the government (either the cabinet or a ministry) (e.g. Hungarian Meteorological Service). The studied agencies are legally independent organizations with managerial autonomy based on public law. The purpose of this study is to get an overview on organizational level performance management tools applied by Hungarian agencies, and to reveal the reasons and drivers of the application of these tools. The empirical research is based on a mixed methods approach which combines both quantitative methods and qualitative procedures. The first – quantitative – phase of the author’s research was content analysis of homepages of the studied organizations. As a results she got information about all agencies and their practice related to some performance management tools. The second – qualitative – phase was based on semi-structured face-to-face interviews with some senior managers of agencies. The author selected the interviewees based on the results of the first phase, the relatively strong performance orientation was an important selection criteria.

Assessing an automated, information -sharing technology in the post "9 -11" era: Do local law enforcement officers think it meets their needs?

In the wake of the “9-11” terrorists' attacks, the U.S. Government has turned to information technology (IT) to address a lack of information sharing among law enforcement agencies. This research determined if and how information-sharing technology helps law enforcement by examining the differences in perception of the value of IT between law enforcement officers who have access to automated regional information sharing and those who do not. It also examined the effect of potential intervening variables such as user characteristics, training, and experience, on the officers' evaluation of IT. The sample was limited to 588 officers from two sheriff's offices; one of them (the study group) uses information sharing technology, the other (the comparison group) does not. Triangulated methodologies included surveys, interviews, direct observation, and a review of agency records. Data analysis involved the following statistical methods: descriptive statistics, Chi-Square, factor analysis, principal component analysis, Cronbach's Alpha, Mann-Whitney tests, analysis of variance (ANOVA), and Scheffe' post hoc analysis. ^ Results indicated a significant difference between groups: the study group perceived information sharing technology as being a greater factor in solving crime and in increasing officer productivity. The study group was more satisfied with the data available to it. As to the number of arrests made, information sharing technology did not make a difference. Analysis of the potential intervening variables revealed several remarkable results. The presence of a strong performance management imperative (in the comparison sheriff's office) appeared to be a factor in case clearances and arrests, technology notwithstanding. As to the influence of user characteristics, level of education did not influence a user's satisfaction with technology, but user-satisfaction scores differed significantly among years of experience as a law enforcement officer and the amount of computer training, suggesting a significant but weak relationship. ^ Therefore, this study finds that information sharing technology assists law enforcement officers in doing their jobs. It also suggests that other variables such as computer training, experience, and management climate should be accounted for when assessing the impact of information technology. ^

Law, Rights and Reproduction: Reproductive Autonomy in Ethical Rationalism

As medical technology has advanced, so too have our attitudes towards the level of control we can expect to hold over our procreative capacities. This creates a multi-dimensional problem for the law in terms of access to services which prevent conception, access to services which terminate a pregnancy and recompensing those whose choices to avoid procreating are frustrated. These developments go to the heart of our perception of autonomy. In order to evaluate these three issues in relation to reproductive autonomy, I set out to investigate how the Gewirthian theory of ethical rationalism can be used to understanding the intersection between law, rights, and autonomy. As such, I assert that it is because of agents’ ability to engage in practical reason that the concept of legal enterprise should be grounded in rationality. Therefore, any attempt to understand notions of autonomy must be based on the categorical imperative derived from the Principle of Generic Consistency (PGC). As a result, I claim that (a) a theory of legal rights must be framed around the indirect application of the PGC and (b) a model of autonomy must account for the limitations drawn by the rational exercise of reason. This requires support for institutional policies which genuinely uphold the rights of agents. In so doing, a greater level of respect for and protection of reproductive autonomy is possible. This exhibits the full conceptual metamorphosis of the PGC from a rational moral principle, through an ethical collective principle, a constitutional principle of legal reason, a basis for rights discourse, and to a model of autonomy. Consequently, the law must be reformed to reflect the rights of agents in these situations and develop an approach which demonstrates a meaningful respect of autonomy. I suggest that this requires rights of access to services, rights to reparation and duties on the State to empower productive agency.

No right to sext? A critical examination of media and legal debates about teenage girls' sexual agency in the digital age

Advances in digital photography and distribution technologies enable many people to produce and distribute images of their sex acts. When teenagers do this, the photos and videos they create can be legally classified as child pornography since the law makes no exception for youth who create sexually explicit images of themselves. The dominant discussions about teenage girls producing sexually explicit media (including sexting) are profoundly unproductive: (1) they blame teenage girls for creating private images that another person later maliciously distributed and (2) they fail to respect—or even discuss—teenagers’ rights to freedom of expression. Cell phones and the internet make producing and distributing images extremely easy, which provide widely accessible venues for both consensual sexual expression between partners and for sexual harassment. Dominant understandings view sexting as a troubling teenage trend created through the combination of camera phones and adolescent hormones and impulsivity, but this view often conflates consensual sexting between partners with the malicious distribution of a person’s private image as essentially equivalent behaviors. In this project, I ask: What is the role of assumptions about teen girls’ sexual agency in these problematic understandings of sexting that blame victims and deny teenagers’ rights? In contrast to the popular media panic about online predators and the familiar accusation that youth are wasting their leisure time by using digital media, some people champion the internet as a democratic space that offers young people the opportunity to explore identities and develop social and communication skills. Yet, when teen girls’ sexuality enters this conversation, all this debate and discussion narrows to a problematic consensus. The optimists about adolescents and technology fall silent, and the argument that media production is inherently empowering for girls does not seem to apply to a girl who produces a sexually explicit image of herself. Instead, feminist, popular, and legal commentaries assert that she is necessarily a victim: of a “sexualized” mass media, pressure from her male peers, digital technology, her brain structures or hormones, or her own low self-esteem and misplaced desire for attention. Why and how are teenage girls’ sexual choices produced as evidence of their failure or success in achieving Western liberal ideals of self-esteem, resistance, and agency? Since mass media and policy reactions to sexting have so far been overwhelmingly sexist and counter-productive, it is crucial to interrogate the concepts and assumptions that characterize mainstream understandings of sexting. I argue that the common sense that is co-produced by law and mass media underlies the problematic legal and policy responses to sexting. Analyzing a range of nonfiction texts including newspaper articles, talk shows, press releases, public service announcements, websites, legislative debates, and legal documents, I investigate gendered, racialized, age-based, and technologically determinist common sense assumptions about teenage girls’ sexual agency. I examine the consensus and continuities that exist between news, nonfiction mass media, policy, institutions, and law, and describe the limits of their debates. I find that this early 21st century post-feminist girl-power moment not only demands that girls live up to gendered sexual ideals but also insists that actively choosing to follow these norms is the only way to exercise sexual agency. This is the first study to date examining the relationship of conventional wisdom about digital media and teenage girls’ sexuality to both policy and mass media.

THE MUSIC PERFORMED FOR THE SACRIFICIAL RITE AT THE ROYAL ANCESTRAL SHRINE OF THE CHOSŎN DYNASTY (1392–1910): INDIVIDUAL AGENCY AND DISCOURSE ON MUSIC EXPRESSED IN THE EIGHTEENTH-CENTURY KOREAN ENCYCLOPEDIA _TONGGUK MUNHŎN PIGO_ (1770)

In 1964, the South Korean government designated the music for the sacrificial rite at the Royal Ancestral Shrine (Chongmyo) as Intangible Cultural Property No. 1, and in 2001 UNESCO awarded the rite and music a place in the Intangible Cultural Heritage of Humanity. The Royal Ancestral Shine sacrificial rite and music together have long been an admired symbol of Korean cultural history, and they are currently performed annually and publicly in an abridged form. While the significance of the modern version of the music mainly rests on the claimed authenticity and continuity of the tradition since the fifteenth century, scholarly inquiry sheds further light on contextual issues such as nationalism, identity, and modernity in the post-colonial era (after 1945), as well as providing additional insights into the music. This dissertation focuses on the Royal Ancestral Shrine’s musical past as reflected in documentary sources, especially those compiled in the eighteenth century during the Chosŏn dynasty (1392–1910). In particular, the substantial music section of an encyclopedic work, Tongguk Munhŏn pigo (Encyclopedia of Documents and Institutions of the East Kingdom, 1770), mainly compiled by a government official, Sŏ Myŏngŭng (1716–1787), provides a considerable amount of information on not only the music and sacrificial rite program, but also on eighteenth-century and earlier concerns about them, as discussed by the kings and ministers at the Chosŏn royal court. After detailed examination of various relevant documentary sources on the historical, social and political contexts, I investigate the various discourses on music and ritual practices. I then focus on Sŏ Myŏngŭng’s familial background, his writings on music prior to the compilation of the encyclopedia, and the corresponding content in the encyclopedia. I argue that Sŏ successfully converted the music section of the encyclopedia from a straightforward scholarly reference work to a space for publishing his own research on and interpretation of the musical past, illustrating what he considered to be the inappropriateness of the existing music for the sacrificial rite at the Royal Ancestral Shrine in the later eighteenth century.

Engaging Students in the Implementation of Criterion Referenced Assessment in First Year Law

The Queensland University of Technology (QUT) University Academic Board approved a new QUT Assessment Policy in September 2003, which requires a criterion-referenced approach as opposed to a norm-referenced approach to assessment across the university(QUT,MOPP,2003). In 2004, the QUT Law School embarked upon a process of awareness raising about criterion-referenced assessment amongst staff and from 2004 – 2005 staggered the implementation of criterion-referenced assessment in all first year core undergraduate law units. This paper will briefly discuss the benefits and potential pitfalls of criterion referenced assessment and the context for implementing it in the first year law program, report on student’s feedback on the introduction of criterion referenced assessment and the strategies adopted in 2005 to engage students more fully in criterion referenced assessment processes to enhance their learning outcomes.