Suchergebnisse

The aim of the article is to deepen the discussion on the conceptualisation of migration policy as a specific public policy. The author analyzes the definitions of this policy formulated by Polish researchers and points out that their characteristic features are: the concentration on activities of state institutions and the reference to the functional and technical level of policy appropriate for public policy. At the same time, she observes that particular areas of public activity, including immigration, emigration and often also integration policies, are included in the scope of migration policy. The author proposes her own definition of migration policy as the totality of instruments, political actions and decisions designed and/or undertaken by the state authorities in relation to migration processes and their participants. She argues that migration policy should be distinguished from migration management, the term which was coined in order to name the (ostensibly) depoliticized, global migration control system.

Abstract
This article discusses how a trans-disciplinary exploration of two translations from French and Spanish to English of two early modern transgender memoirs could create a new angle on the translation of trans identity. Translation equals manipulation and the power to re-present certain identities in texts: could trans identities be legitimized in order to expose all gender as unstable or could they be celebrated as unintelligible? The author looks in detail at the English translation of an eighteenth-century French memoir written by the Chevalier d'Eon. The author compares this to a translation of a seventeenth-century Spanish memoir written by Catalina de Erauso. D'Eon and Erauso use both feminine and masculine gender markers to refer to themselves, sometimes in the same sentence. This article examines how queering translation in order to preserve transgender identity can promote all identity (transgender or cisgender) and all writing ("original" or translated) as multilayered and queer.

AbstractThis article employs Bruno Latour's notion of "translation" to examine the ways by which anglophone discourses of transsexuality are deployed in the Brazilian context. The author argues that transsexuality is utilized by the medical class in ways that refuse to medicalize the bodies of travestis, delegitimize their access to health care, portray them as inauthentic and improper women, and render their identity untranslatable and thus invisible. In order to get access to medico-legal rights, travestis and transsexuals have formed a united political front that seeks to reduce the importance of sex-reassignment surgery as a signifier of authentic gender variance, while at the same time asserting travesti subjectivity as unique and distinct from both transsexuality and transgender identity. The author concludes that the academic community needs to develop new methods of analysis to critique the pathologization of gender-variant identities in different sociocultural contexts, avoiding a Eurocentric frame of reference.

CONSTITUTION — SYSTEM — HEGEMONY. ON THE "ANTI-POLITICAL" FUNCTION OF SYSTEMIC ARGUMENTS IN CONSTITUTIONAL JURISPRUDENCEThe main purpose of this paper is to examine the function of arguments based on so called systemic interpretation of law in constitutional jurisprudence, using methods and tools offered by the post-analytical, critical philosophy in the field of legal theory. The author notes that constitutional courts apply the systemic argumentation to hide real, political motives of their decisions. The author tries to diagnose the potential impact of this phenomenon on the functioning of liberal democracy, refering to theories developed by C. Lefort, Ch. Mouffe, E. Laclau and J. Habermas. In the Author's opinion the constitutional activism, which has been masked by the systemic interpretation, is based on the liberal utopia of creation of law without "the political". The rise of populist political forces in Europe can be considered as reaction to the constitutional activism and the crisis of the "liberal dream".

As a social, cultural, and legal construct, homelessness is a diverse state with inclusive and exclusive elements. It may be accepted or rejected by the person affected. The way the homeless see the world is conditioned by the multitude of ways in which they experience homelessness. The purpose of this paper is to discuss the relationship between the sense of being excluded and the spatial and social mobility of homeless persons. The author points out that whether the homeless see themselves and their life situation as being acceptable or unacceptable has an effect on their mental mapping of space. On the basis of her own research, the author shows the variety of 'worlds' through which homeless people move. She then demonstrates the complexity of the experience of homelessness and of growing accustomed to that state—all of which provides a better understanding of the idea of residence.

Abstract
Scholars of online fan studies have engaged with fanfiction since at least the publication of Henry Jenkins' Textual Poachers in 1992, and our access to it has only increased and improved with the explosion of online fan communities and with the development of massive, easily searchable online archives like fanfiction.net and archiveofourown. org. Much of this academic research and analysis, however, has taken place with no involvement or even knowledge on the part of the fan author. This unfortunate lack of engagement ignores the ways in which fan author practice is different from that of published authors due to the nature of fanworks and fan authorship, as well as intrafandom codes of ethics and the inherent power dynamics of researcher and research subject. Using direct input from fan authors and readers, this article proposes a more multifaceted take on best practices for fan studies researchers.

This short essay is based on remarks made on 21 September 2016 at the Asia Pacific Military Justice Workshop held at the National University of Singapore Faculty of Law. The author discusses his perceptions as a designated observer for the National Institute of Military Justice at the military commissions held at the u.s. Naval Station at Guantánamo Bay, Cuba. He was sent to monitor oral argument of one of the most significant pre-trial motions in the commission trying Abd al-Rahim Hussein Muhammed al-Nashiri, the alleged mastermind of the
uss
Cole bombing. Al-Nashiri alleged unlawful influence by the civilian Convening Authority of the commission and moved to dismiss his prosecution with prejudice. The author examines the origins, argument, and resolution of this motion in the larger context of the commissions themselves, concluding that Guantánamo exemplifies the danger that u.s. State Department Legal Advisor William Taft perceived in "the temptations to cut corners."

Spirituality has been theorised as a characteristic of late-modern society, a consequence of individualisation and of a relativized marketplace of religion. Drawing on findings from ethnographic fieldwork conducted with Muslim musicians in the UK, the author claims that spirituality can indeed be considered a postmodern discourse of belief – with trans-religious applicability – but that at the same time it can be articulated from within a clear understanding of group/religious membership. The concepts of 'spiritual capital' and 'expressive communalism' are used to explain the ways through which a postmodern discourse of spirituality is utilised by Muslim musicians from within contemporary networks of Sufism in the West. The author suggests the cosmopolitan and inclusive nature of these types of Sufism in Britain – particularly among third and fourth generation Muslims – represents a frontier of religious change in the UK and a challenge to traditional forms of religious authority, discourse and membership.

AbstractScholars have paid little attention to Maoist forces and legacies, and especially to the influences of Maoism on people's everyday dress habits during the Cultural Revolution. This article proposes that people's everyday clothing during that time – a period that has often been regarded as the climax of homogenization and asceticism – became a means of resistance and expression. This article shows how during the Cultural Revolution people dressed to express resistance, whether intentionally or unintentionally, and to reflect their motivations, social class, gender and region. Drawing on oral histories collected from 65 people who experienced the Cultural Revolution and a large number of photographs taken during that period, the author aims to trace the historical source of fashion from the end of the 1970s to the 1980s in Guangdong province. In so doing, the author responds to theories of socialist state discipline, everyday cultural resistance, individualism and the nature of resistance under Mao's regime.

This article analyses the military justice system of Pakistan to determine to what extent it is compatible with fair trial standards recognised by human rights law and the constitution of Pakistan. It sets out the fair trial tests and apply them to the military justice system of Pakistan. The analysis reveals that the military justice system blatantly violates fair trial standards: it is part of the Executive and is neither independent nor impartial. It runs as a detached parallel departmental justice system to the national justice system. The author also argues that the majority judgement in the 2015 Military Courts Case did not apply the correct legal tests and wrongly held that the military justice system meets the fair trial standards. It is per in curiam. The author offers recommendations for reforming the military justice system proposing that Pakistan might learn from the successful reformation of the British military justice system.

This article focuses on two pillars of the system of operation of children's homes in post-revolutionary Russia—finance and personnel. On the basis of the detailed reconstruction of the characteristics established in the post-revolutionary Russian system of financing children's institutions, including their human resources policy, the author reveals the role of personal factors in implementing the state's official policy in the areas of mother and child protection. The author argues that, in practice, the availability of children's homes, their level of funding, and the daily life of children living in these homes depended not so much on the relevant orders and instructions from Soviet authorities, but on the level of professionalism, integrity, initiative, and common decency of the people who implemented these regulations. This article is based on a wide range of sources, most of which were originally put into circulation among academics, and contains extensive statistical material, and tables based on archival documents.

Erratum to the article, "Educational Homogamy in Two Gilded Ages: Evidence from Inter-generational Social Mobility Data," published in Volume 663, January 2016 of The ANNALS of the American Academy of Political and Social Science. In the original published paper, a note of acknowledgments was excluded. The note is published here as follows: NOTE: This research was supported in part by Russell Sage Foundation and the National Science Foundation. This research was carried out using the facilities of the California Center for Population Research, which receives core support (R24-HD041022) from the Eunice Kennedy Shriver National Institute of Child Health and Human Development. In preparing this paper, the author benefited from the advice of Christine R. Schwartz and Judith A. Seltzer, research assistance from Xi Song, and the comments of the editors and authors of this special issue. The author also thanks Claudia Goldin for making available her microdata sample from the 1915 Census of Iowa.

The main objective of this study was to theorize and conceptualize a model that could be used by scholars and practitioners in understanding the contingent roles that certain organizational drivers and/or resources play in shaping the brand orientation strategy of small businesses, especially growth-aspiring small businesses in emerging economies. To this end, this paper explicates the critical roles that decision-making rationality, entrepreneurial capability, enterprise core values, market orientation, Internet technology orientation, and learning climate might play as processual antecedents to brand orientation strategy in the small businesses setting. Furthermore, the author highlights the moderating effects of the twin foci of financial slack and structural capital in respectively attenuating/amplifying the relationship between the aforementioned strategic variables and brand orientation strategy. Consequently, the author asserts that brand orientation strategy is without a doubt, one of the key micro-foundations for small businesses to effectively achieving a high degree of customer-centric performance outcomes.

This article analyses the military justice system of Pakistan to determine to what extent it is compatible with fair trial standards recognised by human rights law and the constitution of Pakistan. It sets out the fair trial tests and apply them to the military justice system of Pakistan. The analysis reveals that the military justice system blatantly violates fair trial standards: it is part of the Executive and is neither independent nor impartial. It runs as a detached parallel departmental justice system to the national justice system. The author also argues that the majority judgement in the 2015 Military Courts Case did not apply the correct legal tests and wrongly held that the military justice system meets the fair trial standards. It is per in curiam. The author offers recommendations for reforming the military justice system proposing that Pakistan might learn from the successful reformation of the British military justice system.

В статье рассматриваются актуальные проблемы и правовые последствия референдума о членстве Великобритании в Европейском союзе, который состоялся 23 июня 2016 г. Автор использует различные методы лингвистического и юридического анализа статей Лиссабонского договора о внесении изменений в Договор о Европейском союзе и Договор об учреждении Европейского сообщества и Акта о европейских сообществах 1972 г., обосновывает необходимость законодательного закрепления процессуального порядка сецессии из Европейского союза. ; This article reviews the current problems and the legal consequences arising from the European Union Membership Referendum, which took place in the UK and Gibraltar on June 23, 2016. The author uses different methods of linguistic and legal analysis of the articles of the Lisbon Treaty amending the Treaty on European Union and the Treaty establishing the European Community and the European Communities Act of 1972. The author proves the necessity of legislative regulation of a procedural order of secession from the European Union.