Parental Disputes, Religious Upbringing and Welfare in English Law and the ECHR

This article assesses the position of English law concerning parental disputes about the religious upbringing of children. Despite the strong emphasis on both parents being able to direct their child’s religious upbringing, courts have interpreted the child’s welfare to restrict the exposure of the child to parental religious beliefs or practices in some circumstances: preserving the child’s future choice of religion, the physical integrity of the child, the child’s contact and relationship with both parents, the child’s educational choices, and the child’s relationship with both parents’ religious community. It is suggested that courts should have a wide understanding of welfare and should be wary to prohibit parents teaching their minority beliefs. This article also compares the position of the European Court of Human Rights (ECtHR) and suggests that, despite the stronger emphasis by the ECtHR on parental rights, English law is generally not that much at odds with the ECtHR.

Flawed Premises and Unexpected Consequences: Support of Regional Languages in Europe:Support of Regional Languages in Europe

This article discusses the relationship between three language communities in Europe with variant levels of official recognition, namely Kashub, Sorb, and Silesian, and the institutions of their host states as regards their respective use, promotion, and revital-ization. Most language communities across the world campaign for recognition within a geographic/political region, or on the basis of a historic/group identity to ensure their language's use and status. The examples discussed here illustrate that language recognition and policies resulting therefrom and promoting official monolin-gualism strengthen the symbolic status of the language but contribute little to the functionality of language communities outside the area. As this article illustrates, in increasingly multilingual societies, language policies cut off its speakers from the political, economic, and social opportunities accessible through the medium of languages that lack official recognition locally. © 2014 Taylor & Francis Group, LLC.

ARTICLE: Anarchy and International Law: The Approaches of Hedley Bull and Noam Chomsky

Are anarchy and the law antithetical? Not so, as for more than 350 years international law has governed a legal order based on anarchy; wherein no central authority exists and law functions not on the basis of coercion but on cooperation whereby States must agree to each specific laws before it is bound by its obligations. This article contemplates two manners in which an anarchist might consider international law interesting: first, as a legal system which governs an anarchical society as described by Hedley Bull in line with the English School of International Relations; and second, as a manifestation of a State system which, though illegitimate can be utilized, as Noam Chomsky does, for tactical reasons to demonstrate its inconsistencies and thus weakening the system with the ultimate aim being its implosion

Age discrimination before the ECJ - Conceptual and theoretical issues

Although only addressed by EU law from 2000, age discrimination has been the theme of quite a few cases before the Court of Justice, with a high proportion decided by the Grand Chamber recently. This is due to the conceptual and theoretical challenges that a prohibition to use age as differentiating factor poses. After all, age has been an important stratifier used to synchronize life courses through welfare State regimes in Europe. Partly due to these traditions, there are stereotypes associated with old age, and young age, that in turn lead to disadvantage in employment. For the same reason, age discrimination frequently intersects with discrimination on other grounds, such as sex, race or disability. EU legislation on age discrimination has sought to accommodate the traditional role of age in employment policy by allowing wider justifications than for other forms of discrimination. This leads to contradictions within the larger field of discrimination law, which may even threaten to dilute its efficiency. This article analyses how recent case law of the Court of Justice, and in particular its Grand Chamber, deals with the theoretical challenges posed by these conflicting demands on age discrimination and on discrimination law at large.

Speaking with One Voice?: Ethno-national Division on the Constitutional Court of Bosnia-Herzegovina

The challenge of designing institutions to manage ethno-national conflict is one of the enduring concerns of political science. One important but relatively understudied aspect of this challenge is the design of constitutional courts. Courts are likely to play a key role in the maintenence of a constitutional settlement. But this role can be especially onerous in a deeply divided and post-conflict setting where the rule of law is weak and judges have ethno-national affiliations that may undermine the appearance of judicial neutrality. In such contexts, a court’s authority (including compliance with its decisions) cannot be taken for granted.

With reference the Constitutional Court of Bosnia-Herzegovina, and using an original dataset of the Court's non-unanimous plenary decisions, we test several hypotheses about the degree to which ethno-national affiliation influences judicial behavior. We find that (1) judges on the Constitutional Court do in fact divide predictably along ethno-national lines, (2) that these patterns are robust to changes in the tenure system, and (3) are independent of party political background.

European Union Non-Discrimination Law: Comparative Perspectives on Multidimensional Equality Law

EU equality law is multidimensional in being based on different rationales and concepts. Consequently, the concept of discrimination has become fragmented, with different instruments envisaging different scopes of protection. This raises questions as to the ability of EU law to address the situation of persons excluded on a number of grounds. This edited collection addresses the increasing complexity of European Equality Law from jurisprudential, sociological and political science perspectives. Internationally renowned researchers from Scandinavian, Continental and Central European countries and Britain analyse consequences of multiplying discrimination grounds within EU equality law, considering its multidimensionality and intersectionality. The contributors to the volume theorise the move from formal to substantive equality law and its interrelation to new forms of governance, demonstrating the specific combination of non-discrimination law with welfare state models which reveal the global implications of the European Union. The book will be of interest to academics and policy makers all over the world, in particular to those researching and studying law, political sciences and sociology with an interest in human rights, non discrimination law, contract and employment law or European studies.

Old truths and new politics:Does truth commission 'publicness' impact democratization?

This article analyzes the relationship between truth and politics by asking whether the 'publicness' of a truth commission - defined by whether it has public hearings, releases a public report, and names perpetrators - contributes to democratization. The article reviews scholarship relevant to the potential democratizing effects of truth commissions and derives mechanisms that help explain this relationship. Work from the transitional justice field as well as democratization and political transition more generally is considered. Using a newly-constructed Truth Commission Publicness Dataset (TCPD), the analysis finds that even after statistically controlling for initial levels of democracy, democratic trends in the years prior to a commission, level of wealth, amnesties and/or trials, the influence of the South African Truth and Reconciliation Commission, and different cutoff points for measuring democratization across a number of models, more publicness predicts higher levels of democracy years after the commission has finished its work. The more public a truth commission is, the more it will contribute to democratization. The finding that more public truth commissions are associated with higher levels of democratization indicates particular strategies that policymakers, donors, and civil society activists may take to improve prospects for democracy in a country planning a truth commission in the wake of violence and/or government abuse. © The Author(s) 2012.

Tone

This is an article on ‘tone’ for the 1360 pages SAGE Encyclopedia "Music in the Social and Behavioral Sciences". This Encyclopedia is considered the first definitive reference resource to take a broad interdisciplinary approach to the nexus between music and the social and behavioral sciences examines how music affects human beings and their interactions in and with the world. The interdisciplinary nature of the work provides a starting place for students to situate the status of music within the social sciences in fields such as anthropology, communications, psychology, linguistics, sociology, sports, political science and economics, as well as biology and the health sciences.

Electoral Systems, Ethnic Cleavages, and Experience with Democracy

Recent studies show the effects of electoral systems and ethnic cleavages on the number of parties in emerging democracies differ from those effects observed in more established democracies. Building on recent arguments maintaining the quality of democracy improves with experience, we argue the reason for the differences in the findings between established and emerging democracies is that the effects of these variables on the number of parties differ according to a country’s experience with elections. To test this argument, we analyse party system fragmentation in 89 established and emerging democracies and the conditioning effects experience with elections have on the effects of district magnitude, ethnic cleavages, and variables relating to the presidential party system. The results show the effects of institutional and social cleavage variables differ substantially between emerging and established democracies, but these effects begin to approximate those seen in more established democracies with additional experience with elections.

Emotions and voting in EU referendums

There is an emerging scholarship on the emotional bases of political opinion and behaviour and, in particular, the contrasting implications of two distinct negative emotions - anger and anxiety. I apply the insights in this literature to the previously unresearched realm of the emotional bases of voting in EU referendums. I hypothesise that anxious voters rely on substantive EU issues and angry voters rely on second-order factors relating to domestic politics (partisanship and satisfaction with government). Focusing on the case of Irish voting in the Fiscal Compact referendum, and using data from a representative sample of voters, I find support for the hypotheses and discuss the implications of the findings for our understanding of the emotional conditionality of EU referendum voting. 

Potentially Voting across the Divide in Deeply Divided Places: Ethnic Catch-All Voting in Consociational Northern Ireland

I elaborate a model of cross-bloc party support in deeply divided places. The model expects that the variation in the level of electoral support that citizens in Community A have for parties in Community B is a function of citizens' evaluations of the relative ability of parties in Community B to represent the interests of all communities. This 'ethnic catch-all' model of cross-bloc party support is tested in the context of consociational Northern Ireland, using data from a representative survey conducted directly after the 2010 Westminster general election. The findings are asymmetric: the model explains Protestant support for nationalist parties but not Catholic support for unionist parties. The findings, and their implications, are discussed.

Holding parties responsible at election time: Multi-level, multi-party government and electoral accountability

This paper highlights the crucial role played by party-specific responsibility attributions in performance-based voting. Three models of electoral accountability, which make distinct assumptions regarding citizens' ability to attribute responsibility to distinct governing parties, are tested in the challenging Northern Ireland context - an exemplar case of multi-level multi-party government in which expectations of performance based voting are low. The paper demonstrates the operation of party-attribution based electoral accountability, using data from the 2011 Northern Ireland Assembly Election Study. However, the findings are asymmetric: accountability operates in the Protestant/unionist bloc but not in the Catholic/nationalist bloc. This asymmetry may be explained by the absence of clear ethno-national ideological distinctions between the unionist parties (hence providing political space for performance based accountability to operate) but the continued relevance in the nationalist bloc of ethno-national difference (which limits the scope for performance politics). The implications of the findings for our understanding of the role of party-specific responsibility attribution in performance based models of voting, and for our evaluation of the quality of democracy in post-conflict consociational polities, are discussed. 

Inequality, state ownership and the European Union: How economic context and economic ideology shape support for the European Union

This article investigates the extent to which economic ideology affects people's support for European Union integration and how this is conditioned by economic context. We argue that people on the economic left who live in a country with conditions of high income inequality and little state ownership will support European integration, because more integration would move public policy in a left-wing direction. By contrast, people on the left who live in a country with conditions of low income inequality and widespread public ownership are likely to be eurosceptic, as further integration would result in a more right-wing public policy. We empirically confirm our hypotheses and discuss the implications for European Union democracy.