คำนำ · Web viewThe writer explores the contribution made to the law by early textbook writers, argues that the case-law does not show the smooth progression that has been
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Foreign Policy1. “Cooling the Chinese economy”. / by
Barry Naughton. Foreign Policy. (November/December 2004) : 64 China’s economic miracle may be turning into a morass. Beijing has the
tools it needs to control its redhot economy, but it hasn’t figured out how to use them.
2. “The cost of living dangerously”. / by Kenneth Rogoff. Foreign Policy. (November/December 2004) : 70 Can the global economy absorb the expenses of fighting terrorism?
3. “Middle East democracy”. / by Marina Ottaway and Thomas Carothers. Foreign Policy. (November/December 2004) : 22 The Arab world has yet to truly reform, thanks to regimes that make
strategic concessions to appease critics at home and abroad. If democracy arrives in the Middle East, it will not be due to the efforts of liberal activists or their Western supporters, but the very
Islamic parties that many see as the chief obstacle to reform.
4. “One world, rival theories”. / by Jack Snyder. Foreign Policy. (November/December 2004) : 52 As fallout from 9/11 and the Iraq war roil global politics, policymakers
and pundits use-and often abuse- classic theories of international relations to push their agendas. Even the best theories have blind spots that can lead to misguided policy, especially in the wrong hands. But understanding what the ideas say can still puncture illusions and strip away superficial political labels.
5. “Powell valediction”. / by Christopher Hitchens. Foreign Policy. (November/December 2004) : 42 Colin Powell tried to please everyone. The result was a secretary of state
who both supported and undermined the Bush administration’s justifications for war, and who frequently gave the world’s worst despots the benefit of the doubt.
6. “The road to reform”. / by King Abdullah II. Foreign Policy. (November/December 2004) : 72 The king of Jordan has gotten lots of advice on how to reform the Arab
7. “Web of influence”. / by Daniel W. Drezner and Henry Farrell. Foreign Policy. (November/December 2004) : 32 Blogs began as a hobby, but they’re now changing, the information
landscape for journalists and policymakers alike. Every day, millions of online diarists weave together an elaborate network with agenda-setting power on issues ranging from human rights in China to the U.S. occupation of Iraq.
The Journal of Strategic Studies
1. “Fire brigade or tocsin? NATO’s ACE mobile force, flexible response and the cold war”. / by Sean M. Maloney. The Journal of Strategic Studies. Vol.27 No.4 (December 2004) : 585 During the Cold War, NATO planners created the Allied Command Europe
Mobile Force (Land) to implement proto-flexible response strategies. Originally conceived as a means to plug gaps in the NATO Central Region “Shield” forces with portable tactical nuclear weapons, ACE Mobile force evolved into a signalling device intended to forestall an escalatory situation with Soviet and Warsaw Pact forces on NATO’s northern and southern flanks. The story of ACE Mobile Force is a lens from which to view the implementation of Flexible Response, particularly in the mature period of the 1970s and 1980s.
2. “The radford bombshell: Anglo-Australian-US relations, nuclear weapons and the defence of South East Asia, 1954-57” / by Matthew Jones. The Journal of Strategic Studies. Vol.27 No.4 (December 2004) : 636 This article looks at the emergence of nuclear planning assumptions
within the South East Asia Treaty Organization (SEATO) during the mid-1950s. It does so by examining US strategic concepts for the defence of the treaty area, and the ways these produced major problems for the Australian Government as it switched the emphasis in its defence policy toward a permanent commitment of forces to the South East Asian mainland. At the same time, Britain was struggling to reconcile its membership of SEATO with the need to effect economies in defence spending that would not alarm their Australian Commonwealth partners. As dissatisfaction within SEATO grew, both the US and Britain moved toward a more overt
acceptance of nuclear planning assumptions that would reassure their allies without producing a greater call on their resources.
3. “The Royal Navy and Mine Warfare, 1868-1914”. / by Peter F. Halvorsen. The Journal of Strategic Studies. Vol.27 No.4
(December 2004) : 685 Britain underestimated the importance of the
naval mine in the years leading up to the First World War and entered the conflict unprepared for an extended mine campaign. Traditional interpretations of the mine’s position are limited and neglect the broader political and economic factors influencing its development. The mine was a peripheral technology representative of the rapid technological change in the period, and its development was affected by financial constraints, international diplomacy and naval administration. Because of structural impediments, however, and despite significant resources devoted to the weapon, the mine faced obstacles which led to both limited stocks and inadequate plans for use at the opening of the First World War.
4. “Schlieffen and the avoidance of tactics: a reinvestigation”. / by Terence M. Holmes. The Journal of Strategic Studies.
Vol.27 No.4 (December 2004) : 663 This article challenges the view that
Schlieffen tried to evade the tactical conundrum of the modern battlefield by resorting to the
operational level of war. On that view, the outflanking strategy of the Schlieffen plan, with its supposed avoidance of frontal attack, betokened a failure to come to terms with the firepower revolution that had so enormously strengthened the tactical defensive. But Schlieffen did in fact engage directly with this problem by creating a mobile heavy artillery to improve the offensive tactical capability of the German army. Moreover, the Schlieffen Plan was not based exclusively on the outflanking principle. Schlieffen reckoned that the envelopment of Paris could succeed only in conjunction with a frontal assault on the whole line between Paris and Verdun, an immense tactical undertaking crucially supported by the mobile heavy artillery.
5. “The skybolt crisis of 1962: muddle or mischief?”. / by Ken Young. The Journal of Strategic Studies. Vol.27 No.4
(December 2004) : 614 This paper revisits the controversy over the cancellation of the US
Skybolt airlaunched ballistic missile in 1962. Cancellation provoked an acute crisis in Anglo-US relations, which historians and political scientists on both sides of the Atlantic have generally sought to explain in terms of mis-communication. This approach may be termed the ‘muddle’ thesis. Other analysts have been more suspicious of British intentions and tactics in the run-up to cancellation-the ‘mischief’ thesis. In order to assess these interpretations, the paper poses three questions. First, were the British fully informed about what was likely to happen, or just
selective listeners to Washington opinion? Second, had the British government really staked its hopes unequivocally on Skybolt, or was it from the outset hedging its bets? And third, how were alternatives to Skybolt evaluated? The flows of information between Washington and London are examined to establish what was known, when and what other choices were open to the British government.
6. “When governments collide in the Taiwan Strait”. / by Wallace J. Thies and Patrick C. Bratton. The Journal of Strategic Studies. Vol.27 No.4 (December 2004) : 556 Are authoritarian states better at coercion
than democracies? The latter frequently find it difficult to make credible and persuasive threats; orchestrate words and deeds; and signal by deed as well as by word. Authoritarian states are often believed to be less bound by constraints such as divided government and organizational rivalries, but this belief has rarely been tested. This paper examines the 1995-96 Taiwan Strait crisis, in which the People’s Republic of China was the coercer and the United States the target. A close examination of what China said and did reveals policy reversals and conflicting signals often associated with the US in the coercion literature.
1. “Does the European constitution need Christian values?”. / by Sadjan Cvijic and Lorenzo Zucca. Oxford Journal of Legal Studies. Vol.24 No.4 (Winter 2004) : 739 The Draft Treaty establishing a Constitution
for Europe after a long debate did not include a reference to God nor to Christian values in its Preamble. Rather, the founding fathers of the European Constitutional document adopted a compromise solution, aiming to satisfy both supporters of the secular state as well as those who favoured the invocation of Christian religious values. The Preamble in its first two paragraphs says,
Conscious that Europe is a continent that has brought forth civilisation; that its inhabitants, arriving in successive waves from earliest times, have gradually developed the values underlying humanism: equality of persons, freedom, respect for reason;
Drawing inspiration from the cultural, religious and humanist inheritance of Europe, the values of which, still present in its heritage, have embedded within the life of society the central role of the human person and his or her inviolable and inalienable rights, and respect for law.
2. “Feminism and multicultural dilemmas in India: revisiting the shah bano case”. / by
Siobhan Mullally. Oxford Journal of Legal Studies. Vol.24 No.4 (Winter 2004) : 671 Debates in India following on from the Shah
Bano case highlight the extent to which gender equality may be compromised by yielding to the dominant voices within a particular religion or cultural tradition. As the Indian Supreme Court noted in Danial Latifi & Anr v Union of India, the pursuit of gender justice raises questions of a universal magnitude. Responding to those questions requires an appeal to norms that claim a universal legitimacy. Liberal feminist demands for a uniform civil code, however, have pitted feminist movements against proponents of minority rights and claims for greater autonomy for minority groups. Against the background of growing communal tensions, many feminists have argued for more complex strategies-strategies that encompass the diversity of women’s lives and create a sense of belonging amongst women with diverse religious-cultural affiliations. Liberal theories of rights that abstract from the concrete realities of women’s daily lives have not always addressed the institutions and procedures necessary to build that sense of belonging. This article examines the contribution made by discourse ethics theorists to debates on models of multicultural arrangements. It argues that deliberative models of democracy recognize the need for ‘difference-sensitive’ processes of inclusion, potentially assisting feminism in resolving the apparent conflict between the politics of multiculturalism and the pursuit of gender equality.
3. “Fixtures and chattels: a question of more or less…..”. / by Peter Luther. Oxford Journal of Legal Studies. Vol.24 No.4
(Winter 2004) : 597 This article investigates aspects of the law of
fixtures; items of personal property which have been attached to land in such a way that they have become part of it. The question of whether a chattel has become a fixture can be relevant in a number of contexts, including disputes between vendors and purchasers of land, between heirs and executors of land-owners, and between mortgagors and mortgagees of land. The article looks at the origins (both in roman and in English law) of the classic tests formulated in the 19 th century case of Holland v Hodgson-the ‘degree of annexation’ and the ‘object of annexation’-and traces the development of these in English law from the early 16 th century to the end of the 19th century. The writer explores the contribution made to the law by early textbook writers, argues that the case-law does not show the smooth progression that has been claimed for it, and suggests how some of the confusion in the modern law of fixtures has arisen.
4. “Legislative intent and legislative supremacy: a reply to professor Allan”./ by P.P.Craig. Oxford Journal of Legal Studies.
Vol.24 No.4 (Winter 2004) : 585 Ten years on and the debate about the
foundations of judicial review continues. Two themes have remained constant throughout. The species of legislative intent have
multiplied to include specific, general and constructive intent, and who knows what further ‘adjectival variants’ remain to be discovered. Those opposed to the common law model advance dire warnings of the dangers of ignoring their preferred adjectival version. In Allan’s case the author’s previous analytical criticism of constructive legislative intent, henceforth CLI, has provoked more extreme claims and more intemperate language about the alleged consequences of adherence to the common law model. These are, as will be seen, wrong. They serve moreover to mask the problems with CLI. Allan claims repeatedly that the author confuses literal and constructive legal intent in his reasoning. This is quite mistaken: the author takes issue with the very meaning and application of CLI.
5. “Legislative supremacy and legislative intent: a reply to professor Craig”./ by T.R.S.Allan. Oxford Journal of Legal Studies.
Vol.24 No.4 (Winter 2004) : 563 The author’s analysis of the constitutional
foundations of judicial review has been criticized by Paul Craig; but his objections confuse the ‘constructive’ account of legislative intent the author defends with the ‘literal’ conception (reflecting the views of individual legislators) the author expressly repudiates. He thinks the author must choose between legislative intent, literally conceived, and common law principle. This mistake exemplifies the peculiar character of Craig’s ‘common law model’ of judicial review, in which
the requirements of the rule of law, on one hand, and the relevant statute, on the other, exist in separate mental worlds. That model is conceptually confused, rejecting the doctrine of ultra vires that (unqualified) legislative supremacy entails, and ultimately grounded in a wholly implausible view of the relationship between common law and statute. It subordinates both statutory text and purpose to common law doctrine, treated as largely self-contained and impervious to context. It ignores the interdependence of legislative and judicial power, impeding a genuine integration of statutory command and common law principle.
6. “The merits of Rylands v Fletcher”. / by John Murphy. Oxford Journal of
Legal Studies. Vol.24 No.4 (Winter 2004) : 643 English and Australian judges have, over the
past few decades, severely questioned the juridical distinctiveness and utility of the rule in Rylands v Fletcher. The popular assertion in this country has been that the rule is really only a subspecies of the law of private nuisance. By contrast, the Australian judiciary has abandoned the rule altogether, preferring to expand the law of negligence to capture the rule’s former territory. This article seeks to defend the rule in Rylands v Fletcher. In particular it asserts that, by reference to their historical origins, the rule in Rylands v Fletcher and the law of private nuisance can be seen to be quite different creatures. It also argues that there is strong case for the rule’s continued vitality, and that it world be a grave mistake to
abandon it in favour of a yet more expansive law of negligence.
7. “The withering away of property: the rise of the internet information commons”. / by John Cahir. Oxford Journal of
Legal Studies. Vol.24 No.4 (Winter 2004) : 619 The phenomenon of volunteer produced and
freely disseminated information is a significant feature of the digitally networked environment. Notwithstanding recent expansions of copyright law and the development of rights management technology the Internet remains a platform for the free distribution of information and ideas. This article argues that, contrary to the predictions of enclosure, a flourishing commons exists in respect of information that is communicated via the Internet. The commons, however, remains a relatively under-theorized concept in political and legal theory. This article explores the meaning of ‘the commons’ and its relationship to property and advances it as a useful explanatory tool for describing free information environments in cyberspace.
The Political Quarterly1. “Attention to detail: the conservative
policy agenda”. / by Peter dorey. The Political Quarterly. Vol.75 No.4 (October-December 2004) : 373
For MUCH of the period since 2001, the Conservatives have seemed
uncertain about their response to the Blair government’s re-election. Should they compete against New Labour for occupancy of the centre ground of British politics? Or should they put ‘clear blue water’ between themselves and the government by offering a more radical, right-wing programme with echoes of the Thatcher era?
This uncertainty war not new. Indeed, it had bedevilled the Conservatives ever since they entered opposition in 1997. However, since 2001, the Conservative party has been developing more specific policy proposals. Many of these emerged from a lengthy policy review initiated by Iain Duncan Smith; yet they are only coming to full fruition under Michael Howard’s leadership. A consideration of three broad domestic policy areas will illustrate the ways in which the party has developed a more detailed policy agenda since 2001: tax-and –spend, public service reform, and the family and sexual politics.
2.“Conservative economics and globalisation”. / by Tim Evans. The Political Quarterly. Vol.75 No.4 (October-December 2004) : 383 From the late nineteenth century on wards,
the Conservative party’s electoral fortunes were built on its projection as an integral part of the United Kingdom, identified with the established symbols of national legitimacy. In addition to spawning support for the Empire and the existing constitution, this approach was to have important economic consequences. Conservatives were now inclined to present themselves as the party of not just a ‘nation state’ but a ‘nation economy’ with economic policies that stressed community and social cohesion rather than free markets and free individuals.
3. “Doomed to defeat? Electoral support and the conservative party”. / by
David Broughton. The Political Quarterly. Vol.75 No.4 (October-December 2004) : 350
With the next general election looming, it is useful to recap the main
trends in Conservative electoral support since the last one in 2001. It is also timely to consider the various challenges that Conservatives face as they attempt to position themselves as a credible alternative government to the Labour Party under Tony Blair.
4.“Echoes of butler? the conservative research department and the making of conservative policy”. / by Greg Clark and Scott Kelly. The Political Quarterly. Vol.75 No.4 (October-December 2004) : 378 The year 2004 marks the seventy-fifth
anniversary of the Conservative Research Department (CRD). During that three quarters of a century the CRD has numbered among its staff many future ministers, including Reginald Maudling, Enoch Powell, Iain Macleod, Chris Patten and Michael Portillo. That the CRD should have accumulated such an impressive list of alumni reflects the historical importance in British politics of a comparatively little known institution. For most of its history the Department has been the Conservative party’s civil service on policy matters, standing at the centre of the network of policy-making and responsible for research and day-to-day briefing of MPs and shadow ministers.
5. “The extra-parliamentary Tory party: Mckenzie revisited”. / by Richard Kelly.The Political Quarterly. Vol.75 No.4 (October-
December 2004) : 398 It is now almost 50 years since the
publication of Robert McKenzie’s British Political parties-a book that proved seminal for three reasons. To begin with, it was the first concise account of Labour and conservative organisation, hitherto a curiously ignored area of British political science. Secondly, its verdict on the organisation of the Labour party-that it was a ‘covert oligarchy’-was
a direct challenge to Labour’s own constitution. Thirdly, its conclusions became definitive for a whole generation of politics students. It was not until the mid-1970s, when Lewis Minkin released his study of the Labour party conference, that McKenzie’s views were seriously questioned at all; and it was not until 1989, when the present author finished his study of Tory conferences, that Mckenzie was taken to task specifically in respect of the Conservatives.
6.“The free economy and the schizophrenic state: ideology and the conservatives”. / by Mark Garnett. The Political Quarterly. Vol.75 No.4 (October-December 2004) : 367 In May 2004 the Conservative party
celebrated the twenty-fifth anniversary of Margaret Thatcher’s first election victory with a banquet at the Savoy Hotel. More exactly, some celebrated, while others stayed at home. The event was organised by ‘Conservative Way Forward’. But some members of the party thought the event might remind voters of the party’s tendency to go backwards. Even the leader, Michael Howard, seemed to be in two minds. His office refused to release details of his own speech that night, saying that he intended to deliver a very personal tribute on what was a private occasion. Commentators concluded that Howard was trying to distance himself from a politician who continues to divide the electorate.
7. “Michael howard: the first jewish prime minister?”. / by Andrew Roth. The Political Quarterly. Vol.75 No.4 (October-
December 2004) : 362 Within the first half-year of taking command
of the Conservatives, Michael Howard took two giant steps towards becoming Britain’s first Jewish Prime Minister (if we discount Disraeli, a convert to Christianity).
The first step came in November 2003 when he took command of the numbed, back-stabbing Tory ranks at Westminster and converted them into a credible fighting force. Former deserters, including party donors, rallied enthusiastically to the colours, persuaded that they could win the next general election and not merely the one after that.
Howard’s second step came in the Commons at the end of April 2004, humiliating Tony Blair over his U-turn on a referendum for the proposed EU constitution. Like the skilled and experienced barrister he is, Howard delighted his followers, and dismayed his Labour opponents, with a masterfully sneering attack on the ‘Grand Old Duke of Spin’. Howard mocked Blair’s previous boast that he had no ‘reverse gear’, taunting him that MPs ‘could hear the gears grinding as you came before us, lip quivering once again’. Howard’s performance helped to erase memories of his miscalculation over the Hutton Report a few months earlier, when (like many others) he expected it to blame, rather than exonerate, the government.
Ever since the party’s heavy loss in 1997, every leader of the Conservative party has made significant attempts to use marketing. William Hague talked of ‘changing the way we do business, recruited Archie Norman, successful businessman, to reform the party organization and ran a ‘Listening to Britain’ exercise. IDS continued to use market intelligence, talked of the need for compassionate conservatism and tried to reorientate the party towards the ‘vulnerable’ in an attempt to win back support from the middle classes. Michael Howard went even further and created the first ever UK party Marketing Director and marketing department.
9. “Money matters: the financing of the conservative party”. / by Justin Fisher.The Political Quarterly. Vol.75 No.4 (October-
December 2004) : 405 The conservatives entered the 2001 election
in the novel position of being the poorer of the two main parties. Since 1997, Labour’s income and expenditure had outstripped that of the Tories. Nevertheless, in the build-up to the election at last, some traditional patterns were maintained-the Conservatives received more than Labour in the way of both individual and corporate donations. Even without the £5 million donation made by Paul Getty days before the election, the
Conservatives’ volume of individual donations outstripped that of Labour. In addition, the amount of non cash donations (donations in-kind) received by the Conservatives dwarfed those received by other parties. Of course, the Conservatives lost the election badly, and without the evidence of a sustained electoral recovery, one might have expected the party’s income to suffer. This article examines, amongst other things, whether or not this was the case.
10. “Saving the union: conservatives and the ‘Celtic Fringe’” / by Philip Lynch.
The Political Quarterly. Vol.75 No.4 (October-December 2004) : 386
Unionism has been an important factor in the Conservative Party’s
electoral appeal and a key plank of its statecraft for more than a century. But, over the last few decades, territorial politics have posed problems for Tory governments and Conservative support has waned in both Scotland and Wales. Prior to 1979, Conservative governments tended to accept that differential public policy might be required to satisfy Scottish distinctiveness. The Thatcher governments were less accommodating, fuelling popular perceptions that the Conservatives were ‘anti-Scottish’. John Major’s efforts to reassert traditional Conservative unionism failed to turn the pro-devolution tide.
11. “Still causing trouble: the conservative parliamentary party”. / by Philip Cowley and Mark Stuart. The Political Quarterly. Vol.75 No.4 (October - December 2004) : 356
The 2001Parliament witnessed a veritable explosion of backbench
dissent by government MPs. The first two sessions of the parliament saw more backbench rebellions by government MPs than the first two sessions of any postwar parliament, and included the revolts over Iraq, the largest by government MPs since the Corn Laws in the middle of the nineteenth century. Despite the election of a former Maastricht rebel as conservative party leader in 2001, overt rebellion by Tory MPs was much less dramatic, but there were still some significant rebellions by Tory MPs against their leadership. And, much more importantly, it was to be the Conservative parliamentary Party-and the Conservative Parliamentary party alone-that was to seal Iain Duncan Smith’s fate in October 2002.