The notions of 'restriction' and 'discrimination' in the context of the free movement of persons provisions: from a relationship of interdependence to one of (almost complete) independence

This article aims to analyse how the meaning of the notions of ‘restrictions’ and ‘discrimination’ in EU free movement law has developed through the years, and to explore how the relationship between them has evolved. It is explained that the two concepts under examination had originally been closely intertwined, in the sense that one defined the other, the element holding them together being the aim of the relevant provisions to liberalise the inter-State movement of persons in the EU, as part of the process of establishing an internal market. Yet, more recently, the way that the Court has chosen to delimit their scope, illustrates that each of these notions can now have a life of its own, meaning that ‘discrimination’ can include discriminatory measures which do not lead to restrictions that are contrary to the free movement provisions, and ‘restriction’ can cover national measures that are not discriminatory.

Orientalism and intelligence analysis: deconstructing Anglo-American notions of the ‘Arab’

Despite revived notions of a ‘cultural divide’ between East and West, Edward's Said's ‘Orientalism’ has received little attention from scholars of intelligence and diplomacy. This article brings to light for the first time a number of recently declassified documents of a different nature to usual assessments produced by Anglo-American analytic bodies: those focussed primarily on the issue of ‘national character’. Using and critiquing Said's thesis of Western ‘Orientalism’ it reveals some critical and enduring conceptualizations articulated by the diplomatic and intelligence community about Arab culture such as the role of Islam, rhetoric, political motivation and notions of ‘honour’. Such a critical approach demonstrates how diplomatic and intelligence history can also be a history of culture, ideas and institutional mentalité.

Let's kill the 'C' word: notions of authentic and synthetic in the teaching of journalism

One of the less desirable aftermaths of the so-called "Media Wars" - the intellectual debate over the role of cultural studies in the study of journalism - was reinforcement for some of the notion of fortress journalism: a Windschuttlian purist version of the Empire. This paper uses the alleged confrontation between the forces of that Empire (that is, proponents of pure journalism) and the forces of the Dark (that is, critics from a cultural studies tradition) as a means of examining the teaching of journalism in universities. The paper questions how the discipline of journalism should interface with others within the academy and asks what notion of journalism underpins our pedagogy and our epistemology. It is argued that it is time to discard an outdated craft model with its associations of authenticity and replace it with a model of synthetic professionalism.

Challenging notions of gendered game play: teenagers playing `The Sims`

This paper challenges notions of gendered game playing practice implicit in much research into young women's involvement with the computer gaming culture. It draws on a study of Australian teenagers playing The Sims Deluxe as part of an English curriculum unit and insights from feminist media studies to explore relationships between gender and game playing practices. Departing from a reliance on predetermined notions of “gender”, “domestic space”, and “successful game play”, it conceptualizes The Sims as a game in which the boundaries between gender and domestic space are disturbed. It argues that observing students' constructions of gender and domestic space through the act of game play itself provides a more productive insight into the gendered dimensions of game play for educators wishing to work computer games such as The Sims into curriculum development.

Elearning: 40 years of evolution?

Cun-ent rhetoric around the use of 'eLearning' in Higher Education relates particularly to Internet-based flexible eLearning programs that focus on sustaining particular communities of practice. In this paper we argue that this contempormy view of what eLearning comprises arises from a lack of historical perspective on what the focus of educational eLearning programs has been over the past 40 years. Contemporary descriptions of eLearning as a 'new mode of learning' are fallacious and ignore its 40-year evolution from 1: 1 localised didactic models (both constmctivist and behaviourist) to many-to-many distributed social-constmctivist learning models. In addition, the historic divide between Education and Training has led to both the concurrent development of different notions, foci, and labels for technology-enhanced learning in different contexts and situations, and different conceptual origins arising in acquisitive and participatory learning metaphors. We argue that a more inclusive and historically aware conceptual framework is needed to be able to accurately describe what the full repertoire 'eLearning' really embraces

Constructing the monster : notions of the monstrous in classical antiquity

Focussing on humaniod monsters, this thesis uses insights from Foucault's theory about the "archaeology" of discourses and Derrida's practice of deconstruction to examine how monstrosity was spoken of in antiquity, and how the various "sciences" dealt with anomalous monsters without jeopardising their epistemological credibility. Discussion begins with a survey of the semantic field of teras and monstrum. Since portentousness was central to both terms, the signification of monstrous portents in divinatory practice is next aalysed in the historiography of Herodotus, Livy, and others. Cicero's De divinatione reveals the theory and the problem for that science posed by accidental monstrosities. Chance and novelty are also issues in mythical and scientific cosmogonies < of Hesiod, and Orphism, Empedo-cles, and Lucretius> , where monsters arise and are dealt with while cosmic regularities, reproductive and ethical, are being established. Teleology and the stability of species'forms emerge as important concerns. These issues are further considered in Aristotle's bioogy and in medical writings from Hippocrates to Galen. There, theories are produced about monstrous embryology which attempt to answer the question of how deformities occur if species' forms are perpetuated through repro-duction. Biological and taxonomic--as well as ethical--boundaries are violated also by mythic human-beast hybrids. Narratives about such anomalies clarify the nature of monstrous deviance and enact solutions to the problem. Their strategies have much in common with other modes of discourse. Ethnography is posed similar questions about monstrous races' physical and ethical deviations from the civilised norm; it speaks of those issues in terms of invariance of form through generations, geographical remoteness and the codes which situate those races ethically. Finally, Augustine’s discourse on monstrous individuals and races is examined as Christianity’s belief in God’s governance reformulates the ancient’s discussions of chane or novelty and the invariance of species. In all these discourses founded on determinate meaning, the persistant paradox of monstrosity need offer no challenge to rationality provided its indefinable diversity is unacknowledged and the notion is constructed in such a way as to reaffirm the certainties.

Competing notions of regionalism in South Korean politics

In the past decade, ASEAN has been the primary driver of East Asian regionalism, and Korea has been an active supporter of ASEAN plus Three. Korea has explored the idea of an East Asian Community, and has been relatively open to notions of Asia–Pacific regionalism. The ROK has involved itself comparatively heavily in regional projects as both an initiator and a participant, but its notion of ‘region’ has oscillated between more and less inclusive forms of regionalism. This article examines how competing conceptions of region have influenced Korea's pursuit of regional initiatives. By revisiting historical understandings of Korea's regional identity, we explore the normative bases and material interests which motivate Korean regional initiatives, and assess the impact of its proposals.

Succession and Indigenous Australians : addressing Indigenous customary law notions of 'property' and 'kinship' in a succession law context

The purpose of this article is to critically evaluate the existing capacity of Indigenous people to exercise succession rights against their estate. This article begins with a discussion of the sources of the general succession laws in Australia, noting that they have derived from UK law, where the common law notions of property, property rights and family, including the expectational right to succeed to property, are all important factors. These common law notions do not easily fit within the spectrum of Indigenous customary law. Generally, many Indigenous Australians will die without executing a valid will (ie, they die intestate) and it is here that this article undertakes an examination of the general intestacy laws in all Australian jurisdictions noting the inadequacy of the provisions to recognise Indigenous persons’ spiritual and cultural obligations to property, land or otherwise, together with a failure to distinguish extended Indigenous kinship relationships under Indigenous customary law. It is argued that Indigenous people who die intestate should be supported by a flexible and adaptive intestacy framework, responsive to the full customary and cultural responsibilities of the deceased, thus promoting an organic and developmental approach to succession entitlements.