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1
S, Booth Simon A., ed. Managing competition: Meso-corporatism, pluralism, and the negotiated order in Scotland. Oxford: Clarendon Press, 1989.
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Moore, Chris. Managing competition: Meso-corporatism, pluralism and the negotiated order in Scotland. Oxford: Clarendon, 1989.
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3
Hans-Wolfgang, Platzer, and Müller Torsten 1970-, eds. Transnational company bargaining and the Europeanization of industrial relations: Prospects for a negotiated order. New York: Peter Lang, 2013.
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International Centre for Ethnic Studies, ed. A history of Tamil Diaspora politics in Canada: Organisational dynamics and negotiated order, 1978-2013. Colombo: International Centre for Ethnic Studies, 2013.
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Rivadossi, Silvia. Sciamani urbani. Venice: Fondazione Università Ca’ Foscari, 2020. http://dx.doi.org/10.30687/978-88-6969-414-1.
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What does it mean to be a ‘shaman’ in present-day Tokyo today? In what way(s) is the role of the shamanic practitioner represented at a popular level? Are certain characteristics emphasised and others downplayed? This book offers an answer to these questions through the analysis of a specific discourse on shamans that emerged in the Japanese metropolitan context between the late 20th century and the first decade of the 21st century, a discourse that the more ‘traditional’ approaches to the study on shamanism do not take into account. In order to better contextualise this specific discourse, the volume opens with a brief historical account of the formation of the academic discourse on shamans. Within the theoretical framework offered by critical discourse analysis and by means of multi-sited ethnographic research, it then weaves together different case studies: three novels by Taguchi Randy, a manga, a TV series and the case of an urban shaman who is mostly active in Tokyo. The main elements emerging from these case studies are explored by situating them in the precise historical and social context within which the discourse has been developed. This shows that the new discourse analysed shares several characteristics with the more ‘traditional’ and accepted discourses on shamanism, while at the same time differing in certain respects. In this work, particular attention is given to how the category and term ‘shaman’ is defined, used and re-negotiated in the Japanese metropolitan context. Through this approach, the book aims to further problematize the categories of ‘shaman’ and ‘shamanism’, by highlighting certain aspects that are not yet accepted by many scholars, even though they constitute a discourse that is relevant and effective.
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Rüb, Stephan, Hans-Wolfgang Platzer, and Torsten Müller. Transnational Company Bargaining and the Europeanization of Industrial Relations: Prospects for a Negotiated Order. Lang AG International Academic Publishers, Peter, 2012.
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7
Rudalevige, Andrew. By Executive Order. Princeton University Press, 2021. http://dx.doi.org/10.23943/princeton/9780691194363.001.0001.
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The president of the United States is commonly thought to wield extraordinary personal power through the issuance of executive orders. In fact, the vast majority of such orders are proposed by federal agencies and shaped by negotiations that span the executive branch. This book provides the first comprehensive look at how presidential directives are written — and by whom. The book examines more than five hundred executive orders from the 1930s to today — as well as more than two hundred others negotiated but never issued — shedding vital new light on the multilateral process of drafting supposedly unilateral directives. The book draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. It explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally. Challenging popular conceptions about the scope of presidential power, the book reveals how the executive branch holds the power to both enact and constrain the president's will.
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Johnson, Christine, Regina Scott, and Christina Rich. Harlequin Love Inspired Historical November 2016 Box Set: A Convenient Christmas Wedding Cowboy Creek Christmas Mail Order Mommy the Negotiated Marriage. Harlequin Enterprises, Limited, 2016.
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Gray, Barbara, and Jill Purdy. An Institutional Lens on Multistakeholder Partnerships. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198782841.003.0003.
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In this chapter we conceptualize partnerships as new forms of organizing that arise in response to changing conditions within institutional fields. Fields are evolving and often contentious social orders, characterized either by common or conflicting interpretations about the purposes, relationships, and rules of interaction within the field. Collaborating partners appraise and may renegotiate institutional arrangements—thereby establishing a new negotiated order for the field. This may necessitate reconciling partners’ competing frames about what the field should be. We adopt an interactional framing approach to explain how new frames can take root in fields and amplify in scope, regularity, and emotional intensity—eventually transforming the field over time as partners negotiate a new field-level frame for field governance and reach a new settlement. Partnerships can legitimize frames as broader systems of collective meaning among actors that eventually may become taken-for-granted cultural conventions.
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Borlini, Leonardo. Subsidies Regulation Beyond the WTO. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.003.0008.
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An increasingly important aspect of EU trade policy since the lifting of its self-imposed moratorium on preferential trade agreements (PTAs) has been the inclusion of WTO+ provisions on subsidies in bilateral agreements negotiated with a number of third countries. This article covers the main bilateral PTAs negotiated after the publication of the Commission’s Communication on ‘Global Europe’ in order to explore the implications of the different subsidy disciplines they set out. It also discusses the questions that arise when examining the legal discipline of public aid provided by such agreements, regarding not only the substantive appropriateness of standards and rules on compatibility, but also the procedural mechanisms designed to guarantee the implementation and the enforcement of such rules. It concludes that the most advanced among the EU PTAs are shaped as competition regulation and go beyond a mere negative function, ensuring that subsidies can contribute to fundamental public goals.
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Gomez Arana, Arantza. The first attempt to negotiate the association agreement. Manchester University Press, 2017. http://dx.doi.org/10.7228/manchester/9780719096945.003.0006.
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This chapter aims to explain the phase in EU-Mercosur relations which negotiated the association agreement without reaching a successful ending. Both parties developed those negotiations under the European Mercosur Interregional Cooperation Agreement (EMIFCA). It was agreed that this agreement would be carried out in two phases. The first phase related to the preparation of the ground for future negotiations by comparing standards, statistical systems, trade procedures, whilst the second phase focussed on trade liberalization. The second phase of this agreement was also focussed on the actual negotiations. In the end, both parties were unable to reach an agreement and the negotiations were stopped in October 2004. This chapter will focus on the period up until the period where the EU became set on developing a political partnership with Brazil. In doing so, this decision marked the beginning of a new stage in history of EU policy towards Mercosur. By looking at how these two parts of the policy were developed, and how far both sides went in both their statements and actions it will be possible to discuss the level of engagement on the EU side towards Mercosur. It seems that there were actors within the EU willing to both increase and decrease the level of “ambition” and “commitment”. Also, Mercosur countries helped to overcome some of the obstacles and this should be considered in order not to attribute the whole outcome solely to EU behaviour. The EU developed the association agreement towards Mercosur at this stage because of the efforts of the Commissioner in charge of the policy until 1999.
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Goodrich, Jaime. Exiles Abroad. Edited by Andrew Hiscock and Helen Wilcox. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199672806.013.26.
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Over the course of the early modern period, political and religious upheavals in England led to the formation of many different expatriate communities on the Continent and in North America. As Catholics, Protestants, Nonconformists, and Royalists lived in exile, they established three major sorts of communities: lay congregations; educational institutions; and monastic houses. Examining texts produced by and for representative examples of each group (the Marian congregation at Geneva, the English colleges at Rheims and Rome, and the Third Order Franciscan convent in Brussels), this chapter offers case studies of the way that exiled communities adapted certain forms of writing in order to develop and express a collective religious identity. In doing so, members of these groups negotiated their relationships with one another, the English nation, and the broader Continental religious community.
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Walker, Scott. Order Out of Chaos: How to Become a World Class Negotiator. Little, Brown Book Group Limited, 2023.
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Alonso, Paul. Conclusions. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190636500.003.0007.
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Chapter 7 details the conclusions of the book. Summarizing the analysis of the cases in light of the research questions, it contrasts and compares among the cases in order to illuminate similarities and differences. The final analysis also highlights the local implications of the global trend toward infotainment and spectacle, locating satire at a privileged intersection between transgression and media norms. Using the notion of “critical metatainment”—a postmodern, carnivalesque result of and a transgressive, self-referential reaction to the process of tabloidization and the cult of celebrity in the media spectacle era—this book argues that the global trend toward political satire television should be understood as a space of “negotiated dissent,” where sociopolitical and cultural tensions are played out.
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Melcher, Miranda. Securing Peace in Angola and Mozambique. Bloomsbury Publishing Plc, 2024. http://dx.doi.org/10.5040/9781350407954.
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Explaining how and why there are such diverging outcomes of UN peace negotiations and treaties, this book offers a detailed examination of peace processes in order to demonstrate that how treaties are negotiated and written significantly impacts their implementation. Drawing on case studies from the Angolan and Mozambican civil wars, Miranda Melcher demonstrates the critical importance of specificity in peace treaties in understanding implementation outcomes for military integration. Based on unique primary source data, including interviews with key actors who have participated in peace treaty negotiations, as well as thousands of previously unassessed UN archival documents, the book offers new insights and policy recommendations for key details whose presence or absence can have a significant impact on how peace processes unfold.
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Li, Shubo. Mediatized China-Africa Relations: How Media Discourses Negotiate the Shifting of Global Order. Palgrave MacMillan, 2017.
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Li, Shubo. Mediatized China-Africa Relations: How Media Discourses Negotiate the Shifting of Global Order. Palgrave Macmillan, 2017.
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Li, Shubo. Mediatized China-Africa Relations: How Media Discourses Negotiate the Shifting of Global Order. Palgrave Macmillan, 2018.
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Shovlin, John. Trading with the Enemy. Yale University Press, 2021. http://dx.doi.org/10.12987/yale/9780300253566.001.0001.
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Britain and France waged war eight times in the century following the Glorious Revolution, a mutual antagonism long regarded as a “Second Hundred Years” War. Yet officials on both sides also initiated ententes, free trade schemes, and colonial bargains intended to avert future conflict. What drove this quest for a more peaceful order? This book reveals the extent to which Britain and France sought to divert their rivalry away from war and into commercial competition. The two powers worked to end future conflict over trade in Spanish America, the Caribbean, and India, and imagined forms of empire-building that would be more collaborative than competitive. They negotiated to cut cross-channel tariffs, recognizing that free trade could foster national power while muting enmity. This account shows that eighteenth-century capitalism drove not only repeated wars and overseas imperialism but spurred political leaders to strive for global stability.
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King, Colin. Negotiated Justice and Corporate Crime: The Legitimacy of Civil Recovery Orders and Deferred Prosecution Agreements. Palgrave Pivot, 2019.
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King, Colin, and Nicholas Lord. Negotiated Justice and Corporate Crime: The Legitimacy of Civil Recovery Orders and Deferred Prosecution Agreements. Palgrave Pivot, 2018.
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22
Eppler, Annegret, and Andreas Maurer, eds. Europapolitische Koordination in Österreich. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845297033.
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European policy exerts a considerable influence on shaping politics in Austria. Vice versa, Austrian policy forms a constitutive element of what is negotiated and decided in Brussels. This book addresses the question of how and under which externally and internally induced framework conditions Austrian ideas, strategies and interests are conceived, coordinated and articulated in the multilevel system of the European Union. What domestic coordination requirements and strategies come into play and when in order to generate Austria’s positions? How do feedback mechanisms function in order to safeguard democratic and transparent decision-making chains? How do Austria’s political system and the EU’s supranational system influence each other? This book is the first to conduct a comprehensive analysis of all the players, institutions and processes involved in Austria’s policy on Europe as well as the policy areas that are particularly important for the country. It will appeal to students and teachers of EU studies and researchers on that subject area, those involved in Austria’s policy on Europe who work in parliament, government, administrative bodies and interest groups, as well as all those interested in comparing the coordination of policies on Europe.
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Ross, Marlon B. Sissy Insurgencies. Duke University Press, 2022. http://dx.doi.org/10.1215/9781478022459.
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In Sissy Insurgencies Marlon B. Ross focuses on the figure of the sissy in order to rethink how Americans have imagined, articulated, and negotiated manhood and boyhood from the 1880s to the present. Rather than collapsing sissiness into homosexuality, Ross shows how sissiness constitutes a historically fluid range of gender practices that are expressed as a physical manifestation, discursive epithet, social identity, and political phenomenon. He reconsiders several black leaders, intellectuals, musicians, and athletes within the context of sissiness, from Booker T. Washington, George Washington Carver, and James Baldwin to Little Richard, Amiri Baraka, and Wilt Chamberlain. Whether examining Washington’s practice of cleaning as an iteration of sissiness, Baldwin’s self-fashioned sissy deportment, or sissiphobia in professional sports and black nationalism, Ross demonstrates that sissiness can be embraced and exploited to conform to American gender norms or disrupt racialized patriarchy. In this way, sissiness constitutes a central element in modern understandings of race and gender.
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Heinz, Klug. 6 South Africa: From Constitutional Promise to Social Transformation. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780199226474.003.0007.
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South Africa's emergence as a constitutional democracy after four decades of apartheid and nearly three centuries of colonialism is rightly heralded as a miracle. With 243 sections and seven schedules, the constitution of South Africa also represents an attempt to constitutionalise all the hopes, fears, and conflicts of its democratic transition. This process is epitomised by the two-stage constitution-making process in which the conflicting parties first negotiated an ‘interim’ constitution and then, after democratic elections, empowered the new Parliament to sit as a constitutional assembly in order to produce a ‘final’ constitution. This chapter describes South Africa's constitution, the union and apartheid constitutions, democratic transition, constitutional principles, the 1993 interim constitution, regionalism and cooperative governance, rule of law and the Bill of Rights, amending procedures, Constitutional Court, sources of constitutional interpretation, constitution as statute, modes of interpretation, duty to develop the common law and customary law, internal directives for interpretation, problems of interpretation, certification and the problem of future constitutional amendments, and legal legacies and popular experience of the law.
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Chesterman, Simon, David M. Malone, and Santiago Villalpando, eds. The Oxford Handbook of United Nations Treaties. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780190947842.001.0001.
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The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development) or avoided (global war or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties. The book offers the first sustained analysis of the UN as a forum in which and an institution through which treaties are negotiated and implemented. Chapters are written by authors from different fields, including academics and practitioners, lawyers and specialists from other social sciences (international relations, history, science), professionals with an established reputation in the field, and younger researchers and diplomats involved in the negotiation of multilateral treaties and scholars with a broader view on the issues involved. The volume provides unique insights into UN treaty-making. Through the thematic and technical parts, it also offers a lens through which to view challenges lying ahead and the possibilities and limitations confronting this understudied aspect of international law and relations.
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Mahmudabad, Ali Khan. Poetry of Belonging. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190121013.001.0001.
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This book examines facets of North Indian Muslim identity, c. 1850–1950. It focuses specifically on the role of literature and poetry as the medium through which certain Muslim ‘voices’ articulated, negotiated, configured, and expressed their understandings of what it meant to be Muslim and Indian, given the sociopolitical exigencies of the time. Specifically, a history of the public space of poetry will be presented and half of the book will chart a history of the mushā‘irah (poetic symposium) over this period. In doing so it will analyse the multiple ways in which this space adapted to the changing economic, social, political and technological contexts of the time. The second half of the book will present a history of the ideas that were often articulated in the space of the mushā‘irah and changing notions of the watan (homeland) amongst various Muslim individuals will be analysed. In particular, the book will seek to locate changing ideas of hubb-e watanī (patriotism) in order to offer new perspectives on how Muslim intellectuals, poets, political leaders, and journalists conceived of and expressed their relationship to India and to the trans-national Muslim community. Thus the book will seek to locate the different registers and rhetorics of belonging in order to illustrate the diverse and disparate ways in which Muslims expressed ideas of qaum (community), millat, and ummah (religious fraternity) and their effect on Indian Muslim political identity.
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Greble, Emily. Muslims and the Making of Modern Europe. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197538807.001.0001.
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Muslims have lived in Europe for hundreds of years. Only in 1878, however, did many of them become formal citizens of European states. Muslims and the Making of Europe shows how this massive shift in citizenship rights transformed both Muslims’ daily lives and European laws and societies. Starting with the Treaty of Berlin and ending with the eradication of the Shari’a legal system in communist Yugoslavia, this book centers Muslim voices and perspectives in an analysis of the twists and turns of nineteenth- and twentieth- century European history, from early nation-building projects to the shattering of the European imperial order after World War I, through the interwar political experiments of liberal democracy and authoritarianism, and into the Second World War, when Muslims, like other Europeans, were caught between occupation and civil conflict, and the ideological programs of fascism and communism. Its focus moves from Ottoman Europe in the late nineteenth century to Yugoslavia, a multi-confessional, multi-lingual state founded after World War I. Throughout these decades, Muslims negotiated with state authorities over the boundaries of Islamic law, the nature of religious freedom, and the meaning of minority rights. As they did so, Muslims helped to shape emergent political, social, and legal projects in Europe.
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Beeston, Alix. In and Out of Sight. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190690168.001.0001.
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This book reappraises the connections between modernist writing and photography in the light of new work in visual culture studies that emphasizes the interplay between still and moving images. Arguing for the importance of photography to the work of four major modernist authors—Gertrude Stein, Jean Toomer, John Dos Passos, and F. Scott Fitzgerald—it proposes a new theory of composite literary form in the first half of the twentieth century. Segmented and reiterative, composite modernist writing is shaped by the figure of the woman-in-series, whose appearances and disappearances map its connective and disconnective structure. Understood in relation to the syntax of visual spacing in serial photography, the formal interstices that define modernist writing emerge as textual sites in which the dominant social and political order of modernity is negotiated and reshaped. These gaps signify both as marks of trauma, the wounds of representation according to typologies of race, gender, and class, and as a means for evading or defending against this trauma: a zone of withdrawal and recalcitrance for female characters. Moving in and out of sight, from presence to absence and back again, the woman-in-series in modernist writing destabilizes oppositions of power and vulnerability as they relate to the interactions of subjects and objects in the representational realm.
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Kahn, Paul W. The Law of Nations at the Origin of American Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805878.003.0018.
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This chapter proposes a new way of understanding the relationship between domestic law and the law of nations in the late eighteenth and early nineteenth century. It develops a theoretical structure by elaborating two competing models of order: project and system. These models differ fundamentally in their understanding of the source of order: a project relies on an external principle of order; a system relies on an immanent principle of order. Modern ideas of law have had to negotiate the tension between project and system. This paper argues that in the early American Republic, one locus of this tension was in the relationship of domestic, constitutional law to the law of nations, and that the reconciliation took the form of a theodicy.
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Metelits, Michael D. The Arthur Crawford Scandal. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199498611.001.0001.
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The Arthur Crawford Scandal explores how nineteenth century Bombay tried a British official for corruption. The presidency government persuaded Indians, government officials, to testify against the very person who controlled their career by offering immunity from legal action and career punishment. A criminal conviction of Crawford’s henchman established the modus operandi of a bribery network. Subsequent efforts to intimidate Indian witnesses led to litigation at the high court level, resulting in a political pressure campaign in London based on biased press reports from India. These reports evoked questions in the House of Commons; questions became demands that Indians witnesses against Crawford be fired from government service. The secretary of state for India and the Bombay government negotiated about the fate of the Indian witnesses. At first, the secretary of state accepted the Bombay government’s proposals. But the press campaign against the Indian witnesses eventually led him to order the Government of India, in consultation with the Government of Bombay, to pass a law ordering those officials who paid Crawford willingly, to be fired. Those whom the Bombay government determined to be extorted were not to be fired. Both groups retained immunity from further actions at law. Thus, Bombay won a victory that almost saved its original guarantee of immunity: those who were fired were to receive their salary (along with periodic step increases) until they reached retirement age, at which time they would receive a pension. However, this ‘solution’ did little to overcome the stigma and suffering of the fired officials.
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Geoffroy-Schwinden, Rebecca Dowd. From Servant to Savant. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197511510.001.0001.
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From Servant to Savant exposes the fundamental role that the French Revolution played in the emergence of modern professional musicianship and music historiography. Like other arts and trades in Old Regime Paris, music professionalized under a system regulated by legal permissions called privilèges. Musicians learned to work within the privilege system to elevate their legal and social status by the eve of Revolution. But the Revolution’s Abolition of Privilege on August 4, 1789, overthrew this feudal order and set in its place a modern property regime requiring strict delineation between public and private property. From Servant to Savant reveals the profound musical consequences of this reckoning. Before the Revolution, music was an activity that required permission, after, it was an object that could be possessed. Everyone seemingly hoped to gain something from owning music—musicians claimed it as their unalienable personal expression while the French nation sought to enhance imperial ambitions by appropriating it as the collective product of cultural heritage and national industry. Musicians capitalized on these changes to protect their professionalization within new laws and institutions yet excluded those without credentials from their elite echelon. As musicians and the government negotiated the place of music in a reimagined French society, new epistemic and professional practices constituted three lasting values of musical production: the composer’s sovereignty, the musical work’s inviolability, and the nation’s supremacy. From Servant to Savant thus demonstrates how the French Revolution set the stage for the emergence of so-called musical Romanticism and its legacies, which continue to haunt musical institutions and industries.
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Guirao, Fernando. The European Rescue of the Franco Regime, 1950-1975. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198861232.001.0001.
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This book explores how the governments of the founding members of the European Coal and Steel Community and the European Economic Community, acting collectively via the European Communities, assisted in the consolidation of the Franco regime. The Six (the Nine after 1973) provided the Spanish economy with a stable supply of raw materials and capital goods and with outlet markets for Spain’s main export commodities. Through both mechanisms, the European Communities assisted Spain’s development and supported the stabilization of its non-democratic régime. From 1950 to the mid-1960s, the Six avoided every sign of discrimination against Spain. By the mid-1960s, they became conscious of the need to promote Spanish exports in order to expand their own exports on the Spanish market. By 1970, Madrid obtained an arrangement with the EEC that, free of any political conditionality, provided ample access to the Common Market while keeping the Spanish market essentially closed. After 1972, the Nine negotiated Franco Spain’s integration into a pan-European industrial free-trade area, in exchange for access to the Spanish market. It was the Spanish cabinet, at the last minute, for protection reasons, who decided to derail the offer. The Franco regime was never threatened by European integration and the Six/Nine managed to isolate negotiations with Spain from mounting political disturbance. In sum, without unremitting material assistance from Western Europe, it would have been considerably more challenging for the Franco regime to attain the stability that enabled the dictator to maintain his rule until dying peacefully at 82 years old.
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Publications, United Nations. Reports of Judgments, Advisory Opinions and Orders: Obligation to Negotiate Access to the Pacific Ocean Judgment of 1 October 2018. United Nations Fund for Population Activities, 2020.
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Jiang, Tao. Origins of Moral-Political Philosophy in Early China. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197603475.001.0001.
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This book offers a new narrative and interpretative framework about the origins of moral-political philosophy that tracks how the three core values—humaneness, justice, and personal freedom—were formulated, reformulated, and contested by early Chinese philosophers in their effort to negotiate the relationship among three distinct domains, the personal, the familial, and the political. Such efforts took place as those thinkers were reimagining a new moral-political order, debating its guiding norms, and exploring possible sources within the context of an evolving understanding of Heaven and its relationship with humans. It makes three key points. First, the central intellectual challenge during the Chinese classical period was how to negotiate the relationships between the personal, the familial, and the political domains (or between the private and the public) when philosophers were reimagining and reconceptualizing a new moral-political order, due to the collapse of the old order. Second, the competing visions can be characterized as a contestation between partialist humaneness and impartialist justice as the guiding norm for the newly imagined moral-political order, with the Confucians, the Mohists, the Laoists, and the so-called fajia thinkers being the major participants, constituting the mainstream intellectual project during this period. Third, Zhuangzi and the Zhuangists were the outliers of the mainstream moral-political debate who rejected the very parameter of humaneness versus justice in the mainstream discourse. Zhuangzi and the Zhuangists were a lone voice advocating personal freedom. For them, the mainstream debate about humaneness and justice was intellectually banal, morally misguided, and politically dangerous.
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Benedetto, Conforti. Part III Observance and Application of Treaties, 11 Consistency among Treaty Obligations. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588916.003.0011.
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International law regime of conflicts between treaties is obtained by combining the principles of the succession of treaties over time (the later treaty abrogates the earlier one) and the principle concerning the effects of treaties on third-party States (Pacta tertiis neque nocent neque prosunt). In fact, conflicts between treaties are not frequent as states prefer to negotiate in order to avoid them. Most of the time, negotiations lead to the inclusion in a treaty of declarations of ‘compatibility’ or ‘subordination’ with another or a series of other treaties. Some of them are analysed in this chapter.
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Bruckner, Matilda Tomaryn. Weaving a Tapestry from Biblical Exegesis to Romance Textuality. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198795148.003.0006.
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This study examines how the particular character of Grail romances follows from the incongruous meeting of courtly and Christian discourses, combined for the first time in LeConte du Graal, Chrétien de Troyes’s last, unfinished romance. The romancer’s unsettling inclusion of religious issues within Arthurian narrative coincides with a new turn toward the Bible’s literal and historical sense observable in both Christian and Jewish biblical exegesis. By investigating features shared by romance and exegesis, we can glimpse how a number of issues involving representation and interpretation disseminate through later Grail stories, as the romancer’s inaugural gestures structure how rewriters negotiate the complexities of their enigmatic model. Divided into three sections, the chapter first treats the littera’s historical aspects and its arrangements (order, sequence, context). The second section examines the shifting relation between literal and allegorical senses, in order to explore the exegetical surprises of Chrétien’s prologue in the third.
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Riggs, Christina. 4. Art and power. Oxford University Press, 2014. http://dx.doi.org/10.1093/actrade/9780199682782.003.0004.
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‘Art and power’ considers how works of art and architecture were used to negotiate power relationships between human beings in the complex, hierarchical society of ancient Egypt, and between human beings and the world of the gods. The king’s body—its care and adornment, its representation in art, and its safety—was an important concern, which Egyptian art explored in many ways. The architecture of Egyptian temples was designed to keep people out in order to maintain a pure and desirable home for the gods. But they were also central to Egyptian society as the priests helped oversee the administrative, economic, and cultural life of the country.
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Benassi, Chiara, and Lisa Dorigatti. The Political Economy of Agency Work in Italy and Germany. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198791843.003.0006.
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This chapter investigates the diverging trajectories in collective bargaining outcomes on agency work in the German and Italian metal sector. It finds that bargaining outcomes have improved in Germany in regard to working conditions, prospects for being hired, and limitations to the use of agency work (2003–15), while they have progressively worsened in Italy (1998–2015). The explanation suggests that in both cases the deregulation of agency work allowed employers to exploit labour divides, preventing worker representatives from forming a united front in order to negotiate effectively. However, the campaign for agency workers by the German metal union shows that divides can be overcome and a united labour movement can successfully regulate precarious work.
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Thompson, Douglas I. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190679934.003.0001.
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In academic debates and popular political discourse, tolerance almost invariably refers either to an individual moral or ethical disposition or to a constitutional legal principle. However, for the political actors and ordinary residents of early modern Northern European countries torn apart by religious civil war, tolerance was a political capacity, an ability to talk to one’s religious and political opponents in order to negotiate civil peace and other crucial public goods. This book tells the story of perhaps the greatest historical theorist-practitioner of this political conception of tolerance: Michel de Montaigne. This introductory chapter argues that a Montaignian insistence that political opponents enter into productive dialogue with each other is worth reviving and promoting in the increasingly polarized democratic polities of the twenty-first century.
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Jean, Leclair. Part VI Constitutional Theory, D The Role of Constitutional Principles in Canadian Constitutional Law, Ch.47 Constitutional Principles in the Secession Reference. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0047.
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In Reference Re Secession of Quebec, 1998, the Supreme Court of Canada concluded that the unwritten constitutional principles of federalism and democracy dictated that the clear repudiation of the existing constitutional order and the clear expression of the desire to pursue secession by the population of a province gave rise to a reciprocal obligation on all parties to the federation to negotiate constitutional changes to respond to that desire. To understand this astonishing decision, the author first examines how, over time, in Canada and Quebec, issues of identity(ies), constitutional law, and democracy came to be formulated in absolutist terms, making political compromises next to impossible. Only then does he analyse the Supreme Court’s decision and attempts to explain why the latter chose to decide as it did.
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Inglis, Kirsten. Gifting Translation in Early Modern England. Amsterdam University Press, 2023. http://dx.doi.org/10.5117/9789463721202.
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Translation was a critical mode of discourse for early modern writers. Gifting Translation in Early Modern England: Women Writers and the Politics of Authorship examines the intersection of translation and the culture of gift-giving in early modern England, arguing that this intersection allowed women to subvert dominant modes of discourse through acts of linguistic and inter-semiotic translation and conventions of gifting. The book considers four early modern translators: Mary Bassett, Jane Lumley, Jane Seager, and Esther Inglis. These women negotiate the rhetorics of translation and gift-culture in order to articulate political and religious affiliations and beliefs in their carefully crafted manuscript gift-books. This book offers a critical lens through which to read early modern translations in relation to the materiality of early modern gift culture.
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Pavel, Carmen E. Law Beyond the State. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197543894.001.0001.
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At the dawn of the twenty-first century, international politics is increasingly governed by legal rules and institutions. Yet widespread skepticism of its value and transformative potential, and sometimes outright hostility toward it, abound. This book provides a normative justification for international law. Namely, it argues that the same reasons which support the development of law at the domestic level—the promotion of peace; the protection of individual rights; the facilitation of extensive, complex forms of cooperation; and the resolution of collective action problems—also support the development of law at the international level. The book offers moral and legal reasons for states to improve, strengthen, and further institutionalize the capacity of international law. The argument thus engages in institutional moral reasoning. It also shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen’s welfare. Thus, international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice.
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Fielding, Nigel G. The New Policing Landscape. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198817475.003.0008.
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Through a spatial analogy Chapter 7 examines the ‘topography’ of the contemporary police landscape. It traces the development of the ‘police professional body’ in the UK in the form of the College of Policing, and along the way it considers the effects of policies of austerity imposed on policing as a result of the international crisis in investment and retail banking and consequent recession. It considers the adequacy of training in helping police officers to negotiate the new terrain, and assesses the promise, and drawbacks, of a fuller engagement of police training with higher education, including the aspiration to move to a graduate force. The chapter, and book, closes with a discussion of what constitutes a professional practice of policing in the contemporary context, and how the police organization might proceed in order to achieve such a practice.
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Srinivasan, Priya. Domesticating Dance. Edited by Rebekah J. Kowal, Gerald Siegmund, and Randy Martin. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199928187.013.27.
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This chapter examines three scenes of “movement”—from the 2004 Tamil film Chandramukhi, the controversial documentary India’s Daughter that aired on BBC in March 2015, and the Star Plus Television serial of the Mahabharata focusing on the “Draupadi Vastra Haran” in 2014—to question how women’s bodies continue to be domesticated to delegitimize the upwardly mobile woman’s desire for remaking herself. The chapter suggests that neoliberalism has specific choreographies of violence perpetrated against women’s bodies. In particular, the author argues that within the choreographies of neoliberalism, neither public nor private space is safe for women in India. The chapter suggests that where women’s erotic dancing has been domesticated by institutionalized patriarchy in the service of capitalist systems, haunting and possession emerge as movement possibilities of the corporeal/incorporeal body that can negotiate the public/private space of a permeating neoliberal order.
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Lee, Francis L. F., and Joseph M. Chan. Contesting the Idea of Civil Disobedience. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190856779.003.0003.
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This chapter discusses the pressure toward radicalization in the social movement sector in Hong Kong in the immediate years before the Umbrella Movement. The proposal of Occupy Central in early 2013 was understood against this background, and the chapter analyzes the discursive contestations surrounding the notions of Occupy Central and civil disobedience in the 20-month period between January 2013 and August 2014. The analysis shows that the Occupy Central campaign had to negotiate between the social movement sector’s urge to radicalize and the mainstream society’s emphasis on order. The result was a form of radicalization with self-restraint. The chapter ends with an analysis of citizens’ understanding of the concept of civil disobedience. It illustrates the civic education function of the Occupy Central campaign, and it also illustrates the role of digital and mass media in communicating the idea of civil disobedience.
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Inclán, María. Opportunities for Success. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190869465.003.0004.
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This chapter first identifies democratization processes in which insurgents have successfully achieved their goals. It then compares those scenarios to one in which insurgents failed to better distinguish the conditions that might work as opportunities for them to succeed. These conditions are (1) being able to negotiate directly with the authorities, (2) having their interests included within democratizing pacts, and (3) counting with allies among elite actors negotiating peace and democratizing reforms. By applying these expectations to the case of the Zapatista movement, the chapter argues that when peace negotiations between insurgents and authorities occur separately from democratizing pacts among political elites, concessions to insurgent interests can be limited. Although insurgents might have allies in power and among those negotiating the new, more democratic order, if they are excluded from democratizing negotiations, their demands can easily be ignored.
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Powers, Melinda. ‘Disidentification’ in Allain Rochel’s Bacchae, Tim O’Leary’s The Wrath of Aphrodite, and Aaron Mark’s Another Medea. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198777359.003.0005.
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This chapter discusses Allain Rochel’s Bacchae (2007), Tim O’Leary’s The Wrath of Aphrodite (2008), and Aaron Mark’s Another Medea (2013), based on Euripides’ Bacchae, Hippolytus, and Medea respectively. Through their use of performance strategies such as ‘camp’ (an aesthetic characterized by irony, ostentation, and exaggeration), these productions engage in queer performative counter-discourses that challenge popular stereotypes of gay men, such as the ‘fit, fashion-savvy sidekick’ and the ‘tragic’ or ‘suicidal homosexual’. In the process, they illustrate what José Esteban Muñoz has defined as ‘disidentification’ or ‘the survival strategies the minority subject practices in order to negotiate a phobic majoritarian public sphere that continuously elides or punishes subjects who fail to conform to normative culture’ (1999, 4). Thus, through reframing ancient mythological narratives, these productions serve not only to queer classical drama but also to classicize queer performance.
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Konishi, Shino. Representing Aboriginal Masculinity in Howard’s Australia. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252036514.003.0008.
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This chapter examines the way in which the Howard government and its supporters revitalized colonial tropes about Aboriginal masculinity in order to progressively dismantle and undermine indigenous rights and sovereignty, culminating in the quasi-military intervention into supposedly dysfunctional Aboriginal communities towards the end of Howard's fourth term. It critiques and historicizes a range of demeaning representations that assume Aboriginal men are violent and misogynistic. These representations can be traced back to initial encounters between European and indigenous men. The aim is to bring academic, media, and governmental discourses about Aboriginal masculinity into conversation with masculinity studies, which means contextualizing notions of Aboriginal masculinity in ways that avoid unreflective colonial conceptions. Finally, the chapter examines the public response of Aboriginal men to this demonization, and how they negotiate their own masculine identities in the face of a colonial culture that disparages them for their race and gender.
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Morgan Wortham, Simon. Civility and its Discontents: Balibar, Arendt, Lyotard. Edinburgh University Press, 2018. http://dx.doi.org/10.3366/edinburgh/9781474429603.003.0003.
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This chapter concentrates on violence and civility in the work of Étienne Balibar. Is his concept of ‘anti-violence’ able to negotiate a lesser violence that preserves the possibility of civility, or is fated only to redistribute the modalities of violence, including revolutionary ‘counter-violence’ and pacifist ‘non-violence’, in a way that risks the greater violence of managed oppression and exploitation? Through references to the work of Hannah Arendt that connect their two ‘texts’, this chapter turns from Balibar’s writings to the work of Jean-François Lyotard, notably the short essay ‘The Other’s Rights’, in order to assess whether Lyotard’s thought offers pathways beyond the seemingly irresolvable paradoxes of ‘anti-violence’. Along the way, the chapter contemplates the debts of both these thinkers to the psychoanalytic corpus. If reconceptualising violence in its contemporary guises involves transformative re-engagement with psychoanalytic ideas and arguments, I suggest that Balibar’s thought inherits and assumes a resistance of psychoanalysis that may also be a resistance of psychoanalysis.
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Manglos-Weber, Nicolette D. The Nature of Faith. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190841041.003.0007.
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This final empirical chapter shows how becoming embedded in religious-based relationships of personal trust can effect changes in migrants’ personal trajectories. In other words, new religious memberships and their associated trust networks can lead transnational Ghanaians to revise their aspirations and negotiate their identities in ways they otherwise wouldn’t. One example is how dedicated members and leaders in the congregation often retrospectively attach new meanings to their migrations, coming to believe that they came abroad to serve the religious community, even if they were not aware of it at the time of their initial moves. Another example is how members base their identities in religion in order to transcend the significance of ethnic, racial, and national identities. These effects reinforce the central argument that religious memberships indeed serve as a basis of trust networks, which are the relations in which people answer questions about meaning, identity, and desires for the future.