608 results on '"PRE-emption"'
Search Results
2. Enacted appreciation and the meta-normative structure of urgency.
- Author
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Porter, Elliot
- Subjects
- *
PRE-emption , *NORMATIVITY (Ethics) , *PRACTICAL reason , *PHILOSOPHY , *CRITICISM - Abstract
Some considerations are urgent and others are not. Sometimes we invite criticism if we neglect the urgency of our situation, even if our action seems adequate to respond to it. Despite this significance, the literature does not offer a satisfactory analysis of the normative structure of urgency. I examine three views of urgency, drawn from philosophical and adjacent literature, which fail to explain the distinctive criticism we face when we neglect the urgency of our reasons. Instead I argue that urgent considerations pre-empt our deliberation about less urgent considerations. Urgency, then, is a meta-normative phenomenon, setting standards for how we handle and respond to first-order considerations, requiring that we close deliberation. In the face of urgency, appropriate action is not enough: c ommitment is called for. This is how we enact appreciation of our practical reasons, independently of our carrying out the action they call for. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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3. Strategic Exploration: Pre-emption and Prioritization.
- Author
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Liu, Qingmin and Wong, Yu Fu
- Subjects
PHASE equilibrium ,ROBBERS - Abstract
This paper analyses a model of strategic exploration in which competing players independently explore a set of alternatives. The model features a multiple-player multiple-armed bandit problem and captures a strategic trade-off between pre-emption —covert exploration of alternatives that the opponent will explore in the future—and prioritization —exploration of the most promising alternatives. Our results explain how the strategic trade-off shapes equilibrium behaviours and outcomes, for example, in technology races between superpowers and R&D competitions between firms. We show that players compete on the same set of alternatives, leading to duplicated exploration from start to finish, and they explore alternatives that are a priori less promising before more promising ones are exhausted. The model also predicts that competition induces players to implement unreliable technologies too early, even though they should wait for the technologies to mature. Coordinated exploration is impossible even if the alternatives are equally promising, but it can emerge in equilibrium following a phase of pre-emptive competition if there is a short deadline. With asymmetric capacities of exploration, the weak player conducts extensive instead of intensive exploration—exploring as many alternatives as the strong player does but never fully exploring any. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
4. When the DMA's ambitious intentions interact with the EU's constitutional set-up: A future drama in three acts.
- Author
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Nowag, Julian
- Subjects
DIGITAL music ,PERSONALLY identifiable information ,UNFAIR competition - Abstract
The article discusses the potential implications of the Digital Markets Act (DMA) in the European Union (EU) on fairness and competition in digital markets. The DMA aims to ensure contestability and fairness for business users and end users of core platform services provided by gatekeepers. However, the article argues that the DMA may unintentionally limit fairness and create problems for Member States in protecting consumers and non-gatekeeper businesses. The article also highlights the potential conflicts between EU and Member States' competences and the potential future impact on competition law. [Extracted from the article]
- Published
- 2024
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5. A comparative analysis of municipal pre-emption rights across Europe: Calibrating Dutch law with European insights.
- Author
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Schuite, S. and Sluysmans, J.A.M.A.
- Subjects
LAND reform ,LEGAL procedure ,PROPERTY rights ,EUROPEAN law ,EMINENT domain - Abstract
The Netherlands faces significant spatial challenges, prompting the Dutch government to consider broadening municipal pre-emption rights that provide the municipality with a right of first refusal. This article contains a comparative analysis of pre-emption rights in the Netherlands, Germany, Scotland, Flanders, and France, focusing on key principles such as material conditions, legal effect and procedure. The findings show that the Dutch system is efficient with strong safeguards for both beneficiaries and property owners. Insights from Scottish law suggest potential benefits for registering pre-emption rights on land with a continuing agricultural function. This article concludes with some general principles of European pre-emption rights, emphasizing their role in facilitating specific spatial developments rather than preserving status quo. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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6. Behind the Scenes of the Louisiana Purchase
- Author
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Neal, Larry, Coffman, D'Maris, Series Editor, Moore, Tony K., Series Editor, Allen, Martin, Series Editor, Reinert, Sophus, Series Editor, and Neal, Larry
- Published
- 2024
- Full Text
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7. Setting Up the Finance for the Louisiana Purchase
- Author
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Neal, Larry, Coffman, D'Maris, Series Editor, Moore, Tony K., Series Editor, Allen, Martin, Series Editor, Reinert, Sophus, Series Editor, and Neal, Larry
- Published
- 2024
- Full Text
- View/download PDF
8. Post-racial politics, pre-emption and in/security.
- Author
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Sharma, Sanjay and Nijjar, Jasbinder S.
- Subjects
- *
RACISM , *PREDICTIVE policing , *WAR on Terrorism, 2001-2009 , *OPPRESSION , *COUNTERTERRORISM , *TERRORISM ,WESTERN countries - Abstract
Militarized policing strategies aiming to identify and nullify risks to national security in Western nations have become central to the biopolitical regulation of racialized populations. While the disproportionate impact of pre-emptive counter-terrorism policing on 'Muslim' populations has been highlighted, the post-racial techno-politics of predictive policing as a mode of securitization remain overlooked. This article argues that the 'war on terror' is governed by a state of crisis that conditions a pre-emptive biopolitics of containment against (unknown) future threats. We examine how predictive policing is progressively dependent on the computational production of risk to avert impending terror. As such, extant forms of counter-terrorism algorithmic profiling are shown to mobilize post-racial calculative logics that renew racial oppression while appearing race-neutral. These predictive systems and pre-emptive actions, while seeking to securitize the future by identifying and nullifying suspects, evasively remake race as risky, thus rendering security indistinguishable from insecurity. Hence, we assert that state securitization is haunted by a profound sense of racialized dread over terrorism, for it can only resort to containing, rather than resolving, the perceived threat of race. [ABSTRACT FROM AUTHOR]
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- 2024
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9. وضعیت حقوقی مشتری در فرض عدم مصلحت محجور در اعمال یا ترک حق شفعه.
- Author
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زهره حاجیان فروش and حمدرضا حمیدی
- Abstract
Pre-emption is a right based on which, whenever a partner sells his share, the other partner can acquire that share by paying the price to the buyer. Whenever the right owner is maḥjūr (incapacitated), it will be the guardian's responsibility to exercise or disregard it, according to the presence or absence of expediency. Given that exercising or disregarding the right can actually be in the presence or absence of expediency or ignorance about it, and considering the possibility of the consent or non-consent of the maḥjūr (after removing the incapacitation) with respect to the action of the guardian, several situations can be imagined in this field. The silence of the civil law in these cases and the need to refer to valid fatwas show the necessity of research on this issue. At the same time, most of the fatwas have been issued only with regard to the maḥjūr right, and their implementation will also cause significant problems. In this article, while preserving the maḥjūr right and emphasizing the client's rights and the need to observe the principle of the necessity of transactions, the said fatwas have been critiqued and based on the separation of responsibility of "guardian against the maḥjūr " and "the client against the maḥjūr ", it was concluded that the guardian's decision in exercising or disregarding the pre-emption is binding. However, in case of non-observance of the expediency of the maḥjūr, the guardian is the guarantor of damages caused to the maḥjūr due to non-observance of expediency. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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10. LİMİTED ŞİRKETLERDE ÖNCELİK, ÖNALIM VE ALIM HAKLARININ KULLANILMASINA İLİŞKİN BELİRLİ ESASLAR.
- Author
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CİNDORUK, Cansu
- Abstract
Copyright of Türkiye Adalet Akademisi Dergisi is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
11. The pragmatics of communicating threat and constructing the future in the discourse of the Iranian Supreme Leader: A proximisation account.
- Author
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Basarati, Ali and Zohrabi, Fateme
- Subjects
PRAGMATICS ,DISCOURSE - Abstract
The paper aims at studying how the discourse of the Iranian Supreme Leader communicates threat and how it presents the reality of Iran's future in light of policy options. Our data comes from 50 speeches of the Iranian Supreme Leader, delivered between 2005–2020. Adopting the Proximisation Theory, we indicate that spatial and axiological threats are conceptualised in the SL's discourse as encroaching upon the present and future to impact the Islamic Republic of Iran. But, at the same time, the SL's discourse depicts the impact consequences as relatively remote from Iran's present and possible to materialise in the future space provided that certain preliminary circumstances are fulfilled. In this regard, aiming to neutralise the construed threats, the SL's discourse depicts the privileged vision of the future space involving hortatory preemptive policies. We indicate that the SL's discourse employs the construal of threats to necessitate and justify taking up future-building preemptive policies. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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12. EL TRIBUNAL CONSTITUCIONAL CONFIRMA QUE LA REGULACIÓN DE DERECHOS DE ADQUISICIÓN PREFERENTE A FAVOR DE LA ADMINISTRACIÓN MEDIANTE DECRETO-LEY ES CONFORME A LA CONSTITUCIÓN.
- Author
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Carvajal Cervera, Javier
- Subjects
- *
CONSTITUTIONAL courts , *DELEGATED legislation , *LEGAL judgments , *RIGHT of first refusal , *HOUSING , *HOUSING policy , *PRE-emption , *PROPERTY rights , *STATE, The - Abstract
In its judgment of 22 February 2023, the Constitutional Court declared that the Valencian authorities having authority to regulate first-refusal rights on certain transfers of housing does not encroach on the competences of the State or of other autonomous regions, does not infringe ownership rights and can be regulated by decree-law rather than formally and materially through a law. Regulating this right is a matter of legislative policy on housing based on the existing circumstances that justify it. [ABSTRACT FROM AUTHOR]
- Published
- 2023
13. Species–area relationships in microbial-mediated mutualisms.
- Author
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Veresoglou, Stavros D. and Johnson, David
- Subjects
- *
VESICULAR-arbuscular mycorrhizas , *PLANT-fungus relationships , *MUTUALISM , *MICROBIAL ecology , *MYCORRHIZAS , *PLANT roots , *SYMBIOSIS - Abstract
The existing literature on symbioses involving microorganisms is biased towards describing the larger of the partners, even though it is often the microbial partner that determines fitness. It is possible to address size asymmetries between mutualistic partners through the scale-independent parameters, z and c, of species–area relationships (SARs). Some general questions and gaps in understanding which can be addressed with SARs are the spatial scales where spatial aggregation is observed whether SAR parameters are determined by environmental settings, and formulating null expectations for global diversity of endosymbionts. We highlight how SARs can be used to address key questions in arbuscular mycorrhizal symbioses, such as the relationship between fine-scale diversity of fungal symbionts on roots and plant fitness. Symbioses involving microorganisms prevail in nature and are key to regulating numerous ecosystem processes and in driving evolution. A major concern in understanding the ecology of symbioses involving microorganisms arises in the effectiveness of sampling strategies to capture the contrasting size of organisms involved. In many mutualisms, including mycorrhizas and gut systems, hosts interact simultaneously with multiple smaller sized mutualists, the identity of which determines success for the host. This complicates quantifying the diversity of mutualisms because sampling techniques fail to capture effectively the diversity of each partner. Here we propose the use of species–area relationships (SARs) to explicitly consider the spatial scale of microbial partners in symbioses, which we propose will improve our understanding of the ecology of mutualisms. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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14. Engineering Packet-Switched Networks
- Author
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Callegati, Franco, Cerroni, Walter, Raffaelli, Carla, El-Bawab, Tarek S., Series Editor, Callegati, Franco, Cerroni, Walter, and Raffaelli, Carla
- Published
- 2023
- Full Text
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15. Institutional racism and militarised policing : examining the wars on 'gang' crime and 'terrorism'
- Author
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Nijjar, Jasbinder S. and Degen, M.
- Subjects
Biopolitics ,Disposability ,Pre-emption ,Securitisation ,Total Policing - Abstract
This thesis analyses how institutional racism and militarisation work together to determine the police's ongoing wars on 'gang' crime and 'terrorism.' In the years since the landmark Macpherson Report's (1999) recognition of London's Metropolitan Police as 'institutionally racist,' senior officers and politicians in Britain have regularly reduced racism in policing to a problem of the past. Yet, local (and global) anti-racist resistance demonstrates that racism remains a relation of domination between police and racialised populations. While academic work has considered the systematic character of police racism, and police power as a modality of war, the relationship between institutional racism and militarised policing has not been examined extensively. Thus, this project synthesises both debates through an analysis of key anti-gang and counter-terrorism policies in Britain, to show how the police's militarised credentials are rationalised through race, and how racism is a formal strategy of police warfare. I argue that policing is a biopolitical institution, where racism and militarisation operate in tandem to oversee the intensified regulation of racially coded communities in Britain. My analysis shows that post-race logic works to evasively institutionalise black youth as the primary perpetrators of collective criminality, and Muslims as the main embodiments of mass death and destruction. As such, institutional racism in anti-gang and counter-terrorism policing is shown to be difficult to discern, yet profound, plural and relational. This is because it manoeuvres the deceptive capacities of the post-racial, to obscure the construction of both black and Muslim communities as antithetical to the core tenets of Euro-modernity, namely law and order and national security. I contend that this multifaceted, formalised and fabricated production of racially coded populations as anti-modern enemy figures rests on notions of threat, immanency and inhumanity, which rationalises the police's power to wage everyday domestic war through a coterminous biopolitics of securitisation and disposability. Thus, I conclude by calling for an anti-racism that together scrutinises the politics of racism, commits to collective struggle, seeks to demilitarise, and envisages and builds towards radical socio-political transformation.
- Published
- 2021
16. Fıkıh Usûlünün Tatbiki Açısından Serahsî’nin el-Mebsût’unda Şüf‘ayla İlgili Bazı Konular.
- Author
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DEMİR, Bayram
- Abstract
Copyright of Journal of Young Intellectuals / Genç Mütefekkirler Dergisi is the property of Journal of Young Intellectuals and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
17. Why more than what happens matters : robust rights and harmless wronging
- Author
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Bowen, Joseph, Cruft, Rowan, and Pummer, Theron Gene
- Subjects
Rights ,Directed duties ,Harm ,Wronging ,Pre-emption ,Risk ,Harmless wronging - Abstract
This thesis examines a range of cases in which it appears one's rights against harm are violated by another's behaviour, even though this behaviour has done one no harm. Call these cases of harmless wronging. These cases raise a serious problem for most theories of rights, though the problem is most pronounced on the Interest Theory of Rights. According to that theory, rights necessarily protect their holder's wellbeing. At first glance, one might think that the person's wellbeing cannot be said to be protected by the right in cases of harmless wronging because they are not harmed in such cases—so, the necessary condition set for the ascription of a right is not satisfied. I offer a novel, welfare-based explanation of why we have rights against harmless wrongs, the Safety Condition. This holds that for someone to hold a right against us that we not perform some action, we look to whether our performing that action could easily leave them sufficiently worse off to place us under a duty. In addition to extensional accuracy, one reason for this focus on modality—on what might have been—is that it removes an objectionable form of luck from rights. And, it matters that rights do not depend on luck in this objectionable way for this requires that we, as duty-bearers, are sensitive to others' wellbeing: that we do not only not harm others, but that we could not easily have harmed them.
- Published
- 2020
- Full Text
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18. Accelerability vs. Scalability: R&D Investment Under Financial Constraints and Competition.
- Author
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Lin, Danmo
- Subjects
SCALABILITY ,MARKET equilibrium ,CASH flow ,DECISION making ,RESEARCH & development - Abstract
I develop a continuous-time model to examine how the interaction between competition and financial constraints affects firms' research and development (R&D) strategies. The model integrates two key characteristics of R&D investment: accelerability (i.e., higher R&D intensity leads to faster discovery) and scalability (i.e., higher R&D intensity leads to higher project payoff). I find that firms react strategically to their rivals' financial constraints when making investment decisions in a duopoly R&D race. In particular, firms respond positively to the R&D intensity of an unconstrained rival, while they respond in a hump-shaped fashion to the R&D intensity of a constrained rival. As a result, a constrained firm can pre-empt an unconstrained competitor in market equilibrium. Accelerability is necessary for such pre-emption to occur, and scalability generally reduces its likelihood. Comparison with a monopoly benchmark shows that the economic mechanism differs from over-investment induced by financial constraints alone. The model also generates new implications regarding how project characteristics and cash flow risks impact R&D decisions. This paper was accepted by Gustavo Manso, finance. Supplemental Material: The online appendix is available at https://doi.org/10.1287/mnsc.2022.4503. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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19. Valoración de estrategias competitivas, acuerdos colaborativos y penalizaciones con Opciones Reales Multinomiales y Teoría de Juegos.
- Author
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MILANESI, GASTÓN SILVERIO
- Subjects
- *
REAL options (Finance) , *GAME theory , *NASH equilibrium , *TECHNOLOGICAL risk assessment , *MODEL theory - Abstract
In competitive environments, the design and election of strategies demand considered three potential sources of uncertainty: risks derived from self-actions, risks emerged from states of nature and risks derived from competitors´ decisions. The Real Options Theory analyses the first two risks, but doesn´t incorporate the uncertainty derived from competitors´ actions. For that, the Games Theory must be added to the model. Its develops a numerical model of Games Theory and Multinomial Real Options for value sequential preemption strategies and join venture. In addition, for the agreement a penalty calculator model is developed, an analytic tool for calculating monetary compensations facing contractual defaults. The strategies pure and mixed are selected with Nash equilibrium and valued with multinomial real options model. The theoretical framework exposes the binomial and multinomial model for valuing non correlation technological and markets risk. Also, Game Theory´ basic elements and resolutions forms are developed. Next, using the cases methodology, the model is applied for valuing preemption and join venture strategies cases. The obtained results are showed in extensive and matrix form. Finally, for inducing cooperative behaviors and agreement´s observance, the pecuniary fine valuation is exposed. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
20. Federalism
- Author
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Hackett, Ursula, Peele, Gillian, editor, Cain, Bruce E., editor, Herbert, Jon, editor, and Wroe, Andrew, editor
- Published
- 2022
- Full Text
- View/download PDF
21. Authorisations to issue shares and disapply pre-emption rights in the UK, Belgium and France: law, economics and practice.
- Author
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Vos, Tom
- Subjects
- *
STOCKHOLDERS , *STOCKS (Finance) , *PRE-emption , *BOARDS of directors - Abstract
In this paper, I analyse the role of shareholder approval and pre-emption rights in protecting shareholders in share issuances by listed corporations in the UK, Belgium and France. In these countries, shareholder approval and pre-emption rights are in principle required for share issuances, but the general meeting can authorise the board of directors to issue shares and disapply pre-emption rights. Proxy advisors and institutional investors have adopted guidelines that signal that they strongly support pre-emption rights and shareholder approval of share issuances. However, I provide empirical evidence that these guidelines are often not followed in France and Belgium, especially for smaller corporations with high levels of insider ownership. I contrast this with the strong impact of the guidelines in the UK. I also offer explanations for these differences, as well as policy options that would give shareholders a larger say on the balance between flexibility and accountability regarding authorisations. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
22. Algorithmic predictions and pre-emptive violence: artificial intelligence and the future of unmanned aerial systems
- Author
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Downey, Anthony
- Published
- 2024
- Full Text
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23. Terrorism and the lawful preemptive use of force: the case of cyberattacks
- Author
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Caron, Jean-François
- Published
- 2023
- Full Text
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24. The Concept of Temporal Agendas in Education
- Author
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Jan Schiller
- Subjects
postmodernity ,temporal agenda ,pre-emption ,adult and continuing education ,Education ,Special aspects of education ,LC8-6691 - Abstract
Time and education form a complex relationship that reaches far beyond the trivial fact that education needs time. German discourse in adult and continuing education research rarely focuses systematically on aspects of time. To uncover underlying concepts of time in adult education in policy and practice through the analysis of temporalities, this paper introduces the concept of temporal agendas as an analytical term. Building upon a theory-based reception of temporalities in postmodern society, collective and individual temporal agendas are conceptualised. A methodological approach to the inquiry of temporal agendas is outlined based on a recent research example and highlighting the importance of sectoral temporal orders. Finally, a brief outlook into possible future research on temporal agendas in important educational developments is given.
- Published
- 2023
- Full Text
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25. New Technologies and Deterrence: Artificial Intelligence and Adversarial Behaviour
- Author
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Wilner, Alex, Babb, Casey, Oonincx, Patrick, Editor-in-Chief, Vos, Lisette, Managing Editor, Osinga, Frans, editor, and Sweijs, Tim, editor
- Published
- 2021
- Full Text
- View/download PDF
26. Atunci când 1+1+1=1 în cazul preempțiunii arendașului// When 1+1+1 = 1 in the Case of Pre-emption of the Tenant Farmer
- Author
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Codrin Macovei
- Subjects
tenant farmer ,pre-emption ,legal pre-emption ,conventional pre-emption ,agricultural land ,agricultural goods ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The tenant farmer benefits from a modern pre-emption right regulated with the adoption of the Tenant Farming Law no. 16/1994, its object being the agricultural lands. The new Civil Code understood to extend this right over all leased agricultural goods (art. 1,849). Unfortunately, the legal regime of exercising this right was complicated by the entry into force of Law no. 17/2014 on some measures to regulate the sale of agricultural land located outside the built-up area […]. Along with this normative act we can state that the tenant farmer can benefit from three pre-emption rights: a conventional right possible to be exercised according to art. 1,730-1,740 Civil Code, a legal right possible to be exercised according to art. 1,730-1,739 Civil Code and another possible legal right to be exercised according to the provisions of Law no. 17/2014. Unfortunately, this last normative act did not clarify how the competition between these rights is resolved even in its latest amendments and completions. In this article we will try to find out if these rights can be exercised in competition or if there is a priority between them.
- Published
- 2022
- Full Text
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27. Modeling and Analyzing Preemption-Based Service Prioritization in 5G Networks Slicing Framework.
- Author
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Adou, Yves, Markova, Ekaterina, and Gaidamaka, Yuliya
- Subjects
QUALITY of service ,5G networks - Abstract
The Network Slicing (NS) technology, recognized as one of the key enabling features of Fifth Generation (5G) wireless systems, provides very flexible ways to efficiently accommodate common physical infrastructures, e.g., Base Station (BS), multiple logical networks referred to as Network Slice Instances (NSIs). To ensure the required Quality of Service (QoS) levels, the NS-technology relies on classical Resource Reservation (RR) or Service Prioritization schemes. Thus, the current paper aims to propose a Preemption-based Prioritization (PP) scheme "merging" the classical RR and Service Prioritization schemes. The proposed PP-scheme efficiency is evaluated or estimated given a Queueing system (QS) model analyzing the operation of multiple NSIs with various requirements at common 5G BSs. As a key result, the proposed PP-scheme can provide up to 100% gain in terms of blocking probabilities of arriving requests with respect to some baseline. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
28. EXERCISE OF THE RIGHT OF PRE-EMPTION OVER THE GOODS.
- Author
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ZĂVOI, Ion-Cristian
- Subjects
PRE-emption ,OBLIGATIONS (Law) ,CIVIL code ,STATISTICAL hypothesis testing ,CONTRACTS - Abstract
As a method of application, the "protimisis" has known two variants: Pre-purchase (original version, of Byzantine origin), in the hypothesis that the person who wanted to sell an asset was obliged to make the privileged an offer of pre-emption (denuntiatio); if the privileged person refused this invitation to prepurchase or did not exercise his/her option within 30 days, the seller became free to sell to anyone. Repurchase (withdrawal) -- hypothesis in which the seller had the obligation to sell to the pre-emptor, but could also sell freely to a foreigner, with the risk that the privileged person may exercise the right to repurchase the good at the real price within ten years. In terms of the seller's breach of its obligation to make the pre-purchase offer to the pre-emptor, the sanction (withdrawal) was identical, regardless of the method of exercising the protimisis. Regarding the right of pre-emption in the light of the provisions conferred by the Civil Code, one can notice the legislator's desire to provide the protection and the value corresponding to the right of ownership over the goods, making available to the holders of the right of pre-emption the possibility to benefit from an adequate means to give this right effectiveness and efficiency. [ABSTRACT FROM AUTHOR]
- Published
- 2022
29. The Need to Re-examine the Route of Pre-emption Law in the Sudan: A Critical Analysis.
- Author
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Ismail, Hafiz Gaffar Ibrahim
- Subjects
ISLAMIC law ,CRITICAL analysis ,CONSCIENCE ,MUSLIMS ,OPEN-ended questions - Abstract
This article examines the concept of pre-emption rights in the Sudan, in particular, the origin, nature and domain of the principle by making four key arguments. Firstly, it argues that, although the doctrine is maintained and applied as a part of Muslim law, it is also applied between Muslims and non-Muslims as equity and good conscience rule rather than as a part of Muslim personal law. Secondly, it presupposes that the doctrine of pre-emption has its roots in Islamic law, although it is not 'exclusive' to Islamic systems. Thirdly, it suggests that the tendency to adopt Islamic theory as a sole reason for implementing the doctrine, sometimes led to judicial debates; for example, the question arose to whether this right existed in favour of a lease holder. Finally, Islamic theory leaves the question open as to whether pre-emptive rights exist in the domain of movable property. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
30. Solidarity as a Practical Reason: Grounding the Authority of International Law.
- Author
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Gorobets, Kostiantyn
- Subjects
- *
PRACTICAL reason , *INTERNATIONAL law , *LEGAL authorities , *LEGAL education , *SOLIDARITY - Abstract
This article discusses the concept and the principle of solidarity in international law. It is often argued that solidarity is a(n) (emerging) principle of international law, yet its normative function in international law is not clear or well defined. I trace the development of the idea of solidarity and show how its image gradually shifted from reflecting the factual societal bonds to being mainly normative and thus functioning as a reason for action. In international legal scholarship, solidarity is often portrayed as a principle of international law, but there is a great deal of variety in which normative ideas we label as 'principles'. There are several groups of 'principles of international law' that are very different in the type of the normative function they perform in or for international law. I investigate to which of these groups solidarity belongs and what can it tell us about its role in international law. I suggest that solidarity is a kind of normative principle, which, though essential for the legitimation of international law, is not legally normative by the function it performs. I draw a line between having a normative function within and outside the law, and use the concept of pre-emptive reasons to show why solidarity is not and should not be considered as a principle of international law in order to perform the normative function that it has. I argue that the authority of international law requires that normative ideals such as solidarity are pre-empted, and therefore replaced in practical reasoning, by legal rules. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
31. Gene Editing, Identity and Benefit.
- Author
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Douglas, Thomas and Devolder, Katrien
- Subjects
- *
GENOME editing , *HUMAN embryos , *GENETIC disorders , *COUNTERFACTUALS (Logic) , *CRISPRS - Abstract
Some suggest that gene editing human embryos to prevent genetic disorders will be in one respect morally preferable to using genetic selection for the same purpose: gene editing will benefit particular future persons, while genetic selection would merely replace them. We first construct the most plausible defence of this suggestion—the benefit argument—and defend it against a possible objection. We then advance another objection: the benefit argument succeeds only when restricted to cases in which the gene-edited child would have been brought into existence even if gene editing had not been employed. Our argument relies on a standard account of comparative benefit which has recently been criticised on the grounds that it succumbs to the so-called 'pre-emption problem'. We end by considering how our argument would be affected were the standard account revised in an attempt to evade this problem. We consider three revised accounts and argue that, on all three, our critique of the benefit argument stands. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
32. India's Evolving Pre-emptive Counterforce Nuclear Strategy: Pakistani Perspective.
- Author
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Bukhari, Syed Adnan Athar and Mirza, Muhammad Nasrullah
- Subjects
NUCLEAR energy ,MODERNIZATION (Social science) ,NUCLEAR threshold (Military strategy) - Abstract
This paper attempts to examine four factors contributing to India's inclination to shift its existing nuclear doctrine of 2003 towards a preemptive counterforce strategy against Pakistan. These are; India's advancement and modernisation of nuclear force capabilities. Second, India's planning to carry-out a limited war against Pakistan below the nuclear threshold. Third, recent statements indicating that India might abandon its existing no first use policy. Fourth, Pakistan's development of dual-use short-range platforms such as Nasr and declaration of Full Spectrum Deterrence posture might have influenced India to reconsider its doctrine. The paper argues that India's evolving nuclear strategy of preemptive counterforce towards Pakistan may result in inadvertent escalation and first-strike instability between India and Pakistan. The paper is divided into four sections. The first section briefly develops an understanding of nuclear doctrines in general. The second section evaluates the formulation and main contours of India's existing nuclear doctrine. The third section analyses shifts in India's nuclear doctrine due to four major factors mentioned above. The fourth section evaluates the risks of this emerging nuclear doctrine. [ABSTRACT FROM AUTHOR]
- Published
- 2022
33. Securing Finance: Risk, Pre-emption and Resilience
- Author
-
Glenn, John G., Shaw, Timothy M., Series Editor, and Glenn, John G.
- Published
- 2019
- Full Text
- View/download PDF
34. Why EdTech is always right: students, data and machines in pre-emptive configurations.
- Author
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Witzenberger, Kevin and Gulson, Kalervo N.
- Subjects
- *
EDUCATIONAL technology , *PRE-emption , *AUTOMATION , *HIGHER education , *COMPUTATIONAL complexity - Abstract
Pre-emption describes a system of automated knowledge creation and intervention that steers the present towards a desirable future, by building on knowledge derived from the past. Folding together temporalities makes it impossible to disprove pre-emption. It is increasingly featured within EdTech, introducing new forms of automated governance into education. This paper examines how students and EdTech come together to make pre-emption possible, not as a single event but as a normalised governance instrument. For this, we introduce Lucy Suchman's idea of configuration to examine pre-emptive EdTech. The paper presents three openings into the configuration of students and pre-emptive EdTech. These include observations from an EdTech trade show; interviews with insiders of technology companies; and analysis of accepted papers to a learning analytics conference. We conclude the data used at the heart of pre-emptive EdTech seeks to exclude students and configures them as absent. Yet, its interventions have material consequences. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
35. Reconfiguring non-domination: green politics from pre-emption to inoperosity.
- Author
-
Pellizzoni, Luigi
- Subjects
GREEN movement ,MILITARY relations ,REPUBLICANISM ,SELF-efficacy ,PARTICIPATION ,TRANSHUMANISM - Abstract
Republicanism gives non-domination a central role. However, the modes of domination change over time. Expertise and anticipation have gained growing relevance in this respect. An emergent form of anticipation is pre-emption. This represents a peculiar 'politics of time', whereby an eschatological event is set and continuously postponed, past, present and future are no longer sequentially connected, and change reproduces the ruling order. Mainly addressed in relation to the military and security, pre-emption plays a growing role in the environmental field. The paper discusses three examples: human enhancement, responsible innovation and the 'ecomodernist' take on the Anthropocene thesis. In all cases, what is promised on one side – respectively, empowerment, participation and care for nature – is denied on the other, hampering a transformative green politics. To circumvent this deadlock the paper explores the connection between non-domination and inoperosity. The latter does not mean passivity, resignation, but action free from the compulsion to achieve and expand. Non-domination requires recognition of limits as constitutive of the relationship with oneself and the world. On this view, a promising terrain of inquiry for civic republicanism is offered by 'prefigurative' mobilizations. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
36. Conclusion
- Author
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Lagji, Amanda, author
- Published
- 2022
- Full Text
- View/download PDF
37. The amicable agreement as a mechanism for the acquisition of tourist property
- Author
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CHERIF Hania
- Subjects
tourist property ,protection ,amicable agreement ,pre-emption ,expropriation ,Law ,Economic history and conditions ,HC10-1085 - Abstract
Tourism is an ancient activity, which took in the twentieth century a global dimension. It is now a fundamental economic sector in many developed and developing countries, making them a key factor in their development. This led the Algerian legislator to find ways to protect the tourist property even when it was acquired , some of these methods were organized according to general rules such as pre-emption and expropriation for the benefit of the public interest. The amicable agreement studied was subject to special rules, underlining its importance through the law 03/03 .
- Published
- 2019
38. Modeling and Analyzing Preemption-Based Service Prioritization in 5G Networks Slicing Framework
- Author
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Yves Adou, Ekaterina Markova, and Yuliya Gaidamaka
- Subjects
5G ,slicing ,priority ,pre-emption ,service ,isolation ,Information technology ,T58.5-58.64 - Abstract
The Network Slicing (NS) technology, recognized as one of the key enabling features of Fifth Generation (5G) wireless systems, provides very flexible ways to efficiently accommodate common physical infrastructures, e.g., Base Station (BS), multiple logical networks referred to as Network Slice Instances (NSIs). To ensure the required Quality of Service (QoS) levels, the NS-technology relies on classical Resource Reservation (RR) or Service Prioritization schemes. Thus, the current paper aims to propose a Preemption-based Prioritization (PP) scheme “merging” the classical RR and Service Prioritization schemes. The proposed PP-scheme efficiency is evaluated or estimated given a Queueing system (QS) model analyzing the operation of multiple NSIs with various requirements at common 5G BSs. As a key result, the proposed PP-scheme can provide up to 100% gain in terms of blocking probabilities of arriving requests with respect to some baseline.
- Published
- 2022
- Full Text
- View/download PDF
39. Energy Transition in the European Union and its Member States: Interpreting Federal Competence Allocation in the Light of the Paris Agreement.
- Author
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Fehling, Michael
- Abstract
Energy transition in the European Union (EU) and its Member States involves questions of federalism, which are subject to various perspectives. The distribution of powers cannot be properly understood using classical legal methodology alone because Articles 192 to 194 of the Treaty on the Functioning of the European Union (TFEU) contain too many ambiguous political compromises. On the one hand, Article 192(1) TFEU (on the environment) and Article 194(1) and (2)(1) TFEU (on energy) enable EU legislation on energy transition through the ordinary legislative procedure, including majority voting in the European Parliament and the Council. On the other hand, there are significant textual limits for EU action in neighbouring provisions with a 'sovereignty exception' for the Member States in both Article 192(2) and Article 194(2)(2) TFEU. This article argues that, in the light of the Paris Agreement, the allocation of competences between the EU and its Member States should, in case of doubt, be understood in such a way that effective climate protection becomes possible. Because under Article 191(1) TFEU the EU is to promote measures at the international level to combat climate change, such an international law-friendly interpretation is part of a legitimate teleological approach. Economic theories of federalism and innovation research in the social sciences help us to understand which aspects of economic or innovation theory can promote effectiveness in this respect. It is necessary to interpret the distribution of competences in a dynamic way, thereby slightly shifting the limits of interpretation. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
40. NUEVAS MEDIDAS DE INTERVENCIÓN SOBRE EL MERCADO DE VIVIENDA DE LAS ISLAS BALEARES.
- Author
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Lora González, Carlos and Baena Solís, Marina
- Subjects
- *
HOUSING market , *PUBLIC housing rent , *DELEGATED legislation , *DWELLINGS , *PRE-emption , *RIGHT to housing , *PROPERTY rights - Abstract
Decree-Law 3/2020 of 28 February on urgent housing measures in Balearic Islands introduced new measures on Balearic Islands' housing market in terms of social renting obligation, taking of dwellings' use or pre-emption rights in favour of Balearic public authorities. Recent Decree-Law 4/2021 of 3 May on boosting and speeding up the processing of grants and other measures on housing reinforces such measures and clarifies some dark points. Some of such measures could be contrary to the Spanish Constitution. [ABSTRACT FROM AUTHOR]
- Published
- 2021
41. Review of Mark Andrejevic (2020). Automated Media: Abingdon and New York: Routledge. 180 pp. ISBN 9780367196592 (Hardcover)
- Author
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Matthews, Adam
- Published
- 2022
- Full Text
- View/download PDF
42. Imagining (in)security: NATO's collective self-defence and post-9/11 military policing in the Mediterranean Sea.
- Author
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Pomarède, Julien
- Subjects
- *
MILITARY police , *SELF-defense , *POLITICAL sociology , *COUNTERTERRORISM - Abstract
How do scenarios of dangerous futures imagined in the framework of the post-9/11 counterterrorism shape security institutions? Critical Security Studies (CSS)'s dominant answer is that state apparatus are significantly transformed by the use of new technologies of prediction that are very prolific in imagining potential risks. The present article questions this technologically determinist thesis. Introducing the notion of weak field in the study of pre-emption, it argues that the political sociology of transnational fields of power can help us in historicise and assess more precisely the impact of imagination over power and control in the pre-emptive era. The article analyses NATO's reaction to 9/11 as a case study. It shows how the fabrication of potential terrorist threats by NATO's practitioners, that served to justify the pre-emptive use of the collective self-defence clause of the Washington Treaty (Article 5), evolved into an ambiguous support for NATO's military policing of the Mediterranean basin and into its involvement in migration control. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
43. The Legal Framework for the Exercise of theRight of Pre-emption in Algerian Legislation.
- Author
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HAMEL, SAIDA
- Subjects
- *
LEGISLATORS , *SPECULATION , *JUSTICE administration - Abstract
This study aims to identify how the Algerian legislator affirms the right of the state to exercise preemption, in the same way as civil preemption, which is only a strategy aimed at protecting the property from illegal speculation, division, retailing and selling it to foreign parties. The study led to the need for the legislator to intervene, and even the judiciary to find solutions in the light of the legal vacuum, and the lack of practical and actual embodiment of the legal texts of administrative preemption, and the absence of clear procedures to practice it accurately. [ABSTRACT FROM AUTHOR]
- Published
- 2021
44. Policing biosecurity: police enforcement of special measures in New South Wales and Victoria during the COVID-19 pandemic.
- Author
-
Boon-Kuo, Louise, Brodie, Alec, Keene-McCann, Jennifer, Sentas, Vicki, and Weber, Leanne
- Subjects
COVID-19 pandemic ,POLICE ,BIOSECURITY ,COVID-19 ,PUBLIC policy (Law) - Abstract
In this article we consider the enforcement of COVID-19 measures as an instance of security policing, characterised by a pre-emption paradigm. Whilst COVID-19 measures are directed towards the goal of 'biosecurity' to stop the spread of the disease, in practice, COVID policing appears to rely on long-standing criminalisation strategies at odds with public health. Drawing on a range of primary and secondary data sources, we provide a critical account of the policing practices used and the groups to which the special measures have been directed in the most severely affected states of Victoria and New South Wales. We consider the implications of the securitisation of public health through the use of policing. Although we identify the potential for expansion—whereby population groups that do not usually attract police attention are drawn into contact with police—our case studies reveal that COVID policing as practiced in those contexts intensifies existing patterns of public order policing directed towards the 'usual suspects' and reinforces a criminalisation rather than a public health paradigm. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
45. Expanding crimmigration: The detention and deportation of New Zealanders from Australia
- Author
-
Stanley, Elizabeth
- Published
- 2018
46. CRÓNICA DE UNA MUERTE ANUNCIADA? THE ECJ JUDGMENT LACTALIS AND WHAT'S LEFT OF THE "MADE IN" QUESTION IN THE EUROPEAN UNION.
- Author
-
RUBINO, VITO
- Subjects
FOOD labeling ,CERTIFICATES of origin ,CONSUMER education ,INTERNAL marketing ,LEGAL judgments - Abstract
Copyright of Revista de Derecho Comunitario Europeo is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
- Full Text
- View/download PDF
47. Pre-emption cases may support, not undermine, the counterfactual theory of causation.
- Author
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Northcott, Robert
- Subjects
INTUITION ,ERROR analysis in mathematics - Abstract
Pre-emption cases have been taken by almost everyone to imply the unviability of the simple counterfactual theory of causation. Yet there is ample motivation from scientific practice to endorse a simple version of the theory if we can. There is a way in which a simple counterfactual theory, at least if understood contrastively, can be supported even while acknowledging that intuition goes firmly against it in pre-emption cases—or rather, only in some of those cases. For I present several new pre-emption cases in which causal intuition does not go against the counterfactual theory, a fact that has been verified experimentally. I suggest an account of framing effects that can square the circle. Crucially, this account offers hope of theoretical salvation—but only to the counterfactual theory of causation, not to others. Again, there is (admittedly only preliminary) experimental support for this account. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
48. Plant coexistence without asymmetry in competitor–colonizer abilities or spatial heterogeneity in resource distribution.
- Author
-
Pękalski, Andrzej and Wang, Hsiao‐Hsuan
- Subjects
SPATIAL ability ,COEXISTENCE of species ,BIOTIC communities ,COMPETITION (Biology) ,PLANT ecology ,HETEROGENEITY - Abstract
Species coexistence is a central issue in plant community ecology. Among processes potentially promoting coexistence is the competition–colonization trade‐off: the idea that inferior competitors can coexist with superior competitors if they are better colonizers. The competition–colonization trade‐off usually assumes superior competitors have an impact on inferior competitors, but not vice versa. In the absence of spatial heterogeneity in resource distribution, this absolute asymmetry often is considered a necessary condition for coexistence. We used a spatially explicit, individual‐based model to demonstrate that coexistence is possible without strict asymmetry in competitor–colonizer abilities in a habitat in which distribution of resources is spatially homogeneous through time. Our results (1) indicated a strong tendency for spatial clustering of similar plant types (better competitor or better colonizer) due primarily to local intraspecific competition, (2) identified characteristics of competition–colonization trade‐offs that permit long‐term coexistence vs. those that lead to relatively rapid extinction of one plant type, and (3) suggested range of trade‐offs permitting coexistence decrease as a power function of length of competition time. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
49. From vulnerability to risk: Consolidating state interventions towards Māori children and young people in New Zealand.
- Author
-
Stanley, Elizabeth and de Froideville, Sarah Monod
- Subjects
- *
CHILD development , *FAMILIES , *RESPONSIBILITY , *RISK assessment , *GOVERNMENT policy , *WELL-being , *PSYCHOLOGICAL vulnerability - Abstract
Vulnerability has been a guiding narrative to state interventions towards children and their families in New Zealand. This article shows how this progressive notion has been systematically managed to fit pre-established political and policy priorities. These processes have emphasised: (i) categorisations of risk to those who demonstrate vulnerabilities; (ii) pre-emptive, multi-agency involvement in the lives of those deemed potentially 'vulnerable'; and (iii) a responsibilising expectation that children and families will avoid vulnerable situations and comply with interventions. This individualising logic of vulnerability has solidified policy interventions towards Māori, and re-emphasised colonial practices of viewing Māori children and young people as deficit-laden risks to be managed. With a late 2017 change in government, the political dalliance with vulnerability appears to be in decline. A new progressive policy discourse – of child 'well-being' and 'best interests' – is being engaged. Yet, the emphasis on risk, and its corresponding elements of pre-emption and responsibility, persist. These discursive and institutional arrangements will ensure that Māori remain perilously entrenched in welfare and justice systems. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
50. The time of emergency. On the governmental logic of preparedness.
- Author
-
Pellizzoni, Luigi
- Subjects
COVID-19 pandemic ,PREPAREDNESS ,ANTICIPATORY governance ,LOGIC - Abstract
The 2020 Covid-19 pandemic has elicited renewed attention to an approach to emergency which has come to the forefront in recent years, namely preparedness. Scholars have argued that its rationale is profoundly divergent from the securitarian outlook of prevention and precaution, entailing different techniques and ostensibly also a different, non – (or less) dominative, way of relating with the biophysical world. In this paper I argue that, to grasp its logic and import, preparedness has to be considered from the vantage point of the evolution of the anticipatory governance of future, the main forms of which are discussed before looking at how the rise and use of preparedness has been accounted for. Preparedness turns out ambiguous in its implications, as innovative but also consistent with the governmental rationality of late capitalism, with special reference to the latter’s commitment to pre-empt any actual change. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
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