Employer occupation of regulatory space of the Employee Information and Consultation (I&C) Directive in liberal market economies

This article shows how both employers and the state have influenced macro-level processes and structures concerning the content and transposition of the European Union (EU) Employee Information and Consultation (I&C) Directive. It argues that the processes of regulation occupied by employers reinforce a voluntarism which marginalizes rather than shares decision-making power with workers. The contribution advances the conceptual lens of ‘regulatory space’ by building on Lukes’ multiple faces of power to better understand how employment regulation is determined across transnational, national and enterprise levels. The research proposes an integrated analytical framework on which ‘occupancy’ of regulatory space can be evaluated in comparative national contexts.

Counter-Revolution by Ideology? Law and development's vision(s) for post-revolutionary Egypt

Law and development, as both movement and practice, has led a tumultuous life: a hurried zenith cut short by a fatal critique followed by an opportunistic resurrection. The name alone is su?cient to trigger a range of reactions, extending from the complimentary to the condemnatory. In this article I track law and development’s evolution via an examination of its role in the remodelling of Egyptian society in the post-Nasser era. While the 2011 revolution has encouraged institutions such as USAID to hasten their legal reform e?orts, I argue that these are more akin to counter-revolution by ideology than genuine revolution by law. Nevertheless, rather than relegate the movement to the annals of imperial intrigue, I conclude by proposing the use of legal pluralism to revive, and possibly ignite, law and development’s emancipatory potential.

Politics without the Vernacular: Liberal Culturalism and the Language Policy of the European Union

Will Kymlicka's liberal culturalism presents a tension between the idea that linguistic diversity in multilingual polities should be protected and the claim that democratic debate across linguistic boundaries is unfeasible. In this article, I resolve that tension by arguing that trans-lingual democratic deliberation in multilingual polities is necessary to legitimise those measures aimed at the protection of linguistic diversity. I conclude that my account provides a coherent normative response to the challenges faced by the European Union (EU) in the field of language policy and that an EU-wide deliberative forum is not as unfeasible as Kymlicka suggests.

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.

Debating Darwin at the Cape

This paper focuses attention on the fortunes of Darwin's theory among the English-speaking community in Cape Colony during the latter part of the nineteenth century. The paper begins with a review of early encounters with Darwin dwelling particularly on the response of figures like Roderick Noble - professor and editor of the Cape Monthly Magazine, the geologist John Shaw, and Sir Henry Barkly, governor of the colony. Besides these more theoretical responses, Darwin's ideas were also mobilised in a range of scientific inquiries on such subjects as birds and butterflies. But most conspicuous was the use of evolutionary thought-forms in the work of the eminent philologist Wilhelm Bleek, cousin of Darwin's leading German apologist, Ernst Haeckel. The prevailing sense is of a liberal intelligentsia calmly interacting with a novel theory with all due deference. During the 1870s, an address by Langham Dale at the South African Public Library injected new energy into the Darwin discussion. Dale expressed disquiet over some of the anthropological implications of evolution as well as its apparent reductionism, and this stimulated a range of reactions. Several anonymous commentators responded but the most sustained evaluation of Dale's position emanated from the Queenstown physician and later politician, Sir William Bisset Berry. Then, in 1874, copious extracts from John Tyndall's infamous 'Belfast Address' were printed in the Cape Monthly and this added yet further impetus to the debate. Tyndall's seeming materialism bothered a number of readers, not least Hon William Porter, former attorney-general of Cape Colony. To figures like these the materialist extrapolations of radical Darwinians such as Haeckel were deeply disturbing, not just for religious reasons, but because they seemed to destabilise the moral and pedagogic progressivism that lay at the heart of their civilising credo. While reservations about Darwin's proposals were certainly audible, taken in the round Darwinian conversations among the English-speaking literati at the Cape were conducted with liberal sentiments, not least when evolutionary science approached questions of race. For Darwin's writings were seen to confirm a monogenetic account of the origin and unity of the human race, and could readily be called upon to justify the paternalistic ideology that governed colonial affairs.

Employment regulation, game theory, and the lacuna in employee participation in liberal economies

Employee participation is a vital ingredient of what the International Labour Organization (ILO) calls ‘representation security’. This article provides theoretical and empirical insights relating to social policy impact of worker participation, specifically the European Information and Consultation Directive (ICD) for employee voice rights. While existing research on the ICD offers important empirical insights, there is a need for further theoretical analysis to examine the potential effectiveness of the regulations in liberal market economies (LMEs). Drawing on data from 16 case studies, the article uses game theory and the prisoner's dilemma framework to explain why national implementing legislation is largely ineffective in diffusing mutual gains cooperation in two LMEs: UK and the Republic of Ireland. Three theoretical (metaphorical) propositions advance understanding of the policy impact of national information & consultation regulations in LMEs.

Similarity or Variation? Employee Representation and Consultation Approaches Amongst Liberal Market Economy Multinationals

This paper engages with the varieties of capitalism literature to investigate the employee representation and consultation approaches of liberal market economy multinational companies (MNCs), specifically Australian, British and US MNCs operating in Australia. While the literature would suggest commonality amongst these MNCs, the paper considers whether the evidence points to similarity or variation amongst liberal market headquartered MNCs. The findings contribute to filling a recognized empirical gap on MNC employment relations practice in Australia and to a better understanding of within category varieties of capitalism similarity and variation. Drawing on survey data from MNCs operating in Australia, the results demonstrated that UK-owned MNCs were the least likely to report collective structures of employee representation. Moreover, it was found that Australian MNCs were the most likely to engage in collective forms of employee representation and made less use of direct consultative mechanisms relative to their British and US counterparts. In spite of the concerted individualization of the employment relations domain over previous decades, Australian MNCs appear to have upheld more long-standing national institutional arrangements with respect to engaging with employees on a collective basis. This varies from British and US MNC approaches which denotes that our results display within category deviation in the variety of capitalism liberal market economy typology. Just as Hall and Soskice described their seminal work on liberal market economy (LME) and coordinated market economy (CME) categories as a “work-in-progress” (2001: 2), we too suggest that Australia’s evolution in the LME category, and more specifically its industrial relations system development, and the consequences for employment relations practices of its domestic MNCs, may be a work-in-progress.

The British Empire. Ideology, Perspectives, Perceptions

O núcleo de investigadores dedicado aos estudos de cultura do Centro de Estudos Anglísticos da Universidade de Lisboa empenhou boa parte da sua actividade, no ano de 2008-2009, na preparação de duas jornadas temáticas sobre o Império Britânico. Para a escolha deste objecto de investigação convergiram os interesses individuais dos investigadores, mobilizados para o estudo sistemático de conceitos como império e imperialismo, colónia e colonialismo, de ideologias como o liberalismo, ou para o estudo de representações de identidade. Com o intuito comum de examinar criticamente uma multiplicidade de discursos sobre o Império Britânico, as comunicações que agora são publicadas sustentam diferentes possibilidades de aproximação metodológica aos estudos de cultura e posicionam o diálogo entre elas como instrumento de desenvolvimento do conhecimento em torno de um mesmo objecto. O Império Britânico é, assim, interpelado na sua origem enquanto portador de uma “missão civilizadora” e são examinados discursos de supremacia europeia crescentemente desconstruídos pelas novas linhas de análise cultural, sensíveis estas à dissonância, à dúvida, ao silêncio e ao “não dito” das culturas em presença. O confronto e o conflito entre a cultura dominante e as culturas subordinadas, a construção de novas identidades, a instabilidade dos sujeitos foram, nestas jornadas, objecto de apresentações inovadoras em suportes visuais, como a pintura, a fotografia ou o filme.

Mouzinho da Silveira and the Political Culture of Portuguese Liberalism, 1820–1832

Liberalism as an identity and as a political ideology was non-existent in Portugal, as in most of the countries of Ibero-America, before the beginning of the nineteenth century. But the semantic development of the term ‘liberal’ in Portuguese underwent a clear and rapid mutation in the following decades. It became associated with specific meanings in relation to constitutional issues and civil law matters. While the former prevailed between 1820 and 1823, the latter were dominant in the writings of Mouzinho da Silveira and his Civil War legislation of 1832 to 1834.

Transgender Freedom and the Law: A Liberal-Poststructural Discussion on McNally

In R v McNally, gender deception is found capable of leading to the vitiation of consent to sexual intercourse and, in so doing, places restriction on the freedom of transgendered individuals in favour of cisgendered freedom. This paper seeks to challenge the standing of this decision by adopting a combined methodological approach between Deleuzian post-structuralism and Gewirthian legal idealism. In so doing, we attempt to show that the combination offers a novel and productive approach to contentious decisions, such as that in McNally. Our approach brings together post-structuralist corporeality which conceives of the body as material and productive, and Gewirth’s ‘agent’ to conceptualise the legal body as an entity which can, and should, shape judicial reasoning. It does this by employing the criterion of categorically necessary freedom on institutionalised practical reasoning. These ‘bodies of agents’ can be conceived as the underpinning and justificatory basis for the authority of the law subject to the morally rational Principle of Generic Consistency. This egalitarian condition precedent requires individualisation and the ability to accept self-differentiation in order to return to a status, which can be validly described as “law”. Ultimately, we argue that this theoretical combination responds to a call to problematise the connection made between gender discourse and judicial reasoning, whilst offering the opportunity to further our conceptions of law and broaden the theoretical armoury with which to challenge judicial reasoning in McNally. That is, a ‘good faith’ attempt to further and guarantee transgender freedoms.

Parallel languages in the history of language ideology in Norway and the lesson for Nordic higher education

This chapter compares recent policy on the use of English and Norwegian in Higher Education with earlier policies on the relationship between the two standard varieties of Norwegian, and it charts how and why English became a policy issue in Norway. Based on the experience of over a century of language planning, a highly interventionist approach is today being avoided and language policies in the universities of Norway seek to nurture a situation where English and Norwegian may be used productively side-by-side. However, there remain serious practical challenges to be overcome. This paper also builds on a previous analysis (Linn 2010b) of the metalanguage of Nordic language policy and seeks to clarify the use of the term ‘parallelingualism’.

Representações Masculinas Afro-americanas no Cinema: do Filme Liberal de Hollywood a “Boyz n the Hood”

O objecto de estudo deste trabalho é a construção da identidade masculina afro-americana, e representação desta no cinema liberal de Hollywood. Isolam-se três momentos de particular relevo: o período do cinema mudo antes da Primeira Guerra Mundial, os anos 1960-70 e por fim, a década de 1990. Traçar-se-á um percurso analítico que examina obras-chave da história do cinema comercial de Hollywood bem como manifestações do cinema independente afro-americano entabulando um diálogo permanente com o contexto histórico e social, nomeadamente a luta pelos direitos civis, a afirmação do Black Power, traduzida cinematograficamente na Blaxploitation, para finalmente se concentrar em Boyz n the Hood escolhido como sintomático de um impulso regenerativo das representações masculinas afro-americanas, sob forte ataque dos media populares nas últimas décadas do século XX.