Search Results

Reforms, Remoteness, and Risk in Africa: Understanding Inequality and Poverty during the 1990s

Ravi Kanbur and Anthony J. Venables

in Spatial Inequality and Development

Traces the interactions between economic growth, income inequality, and consumption poverty in a sample of African countries during the 1990s. Draws on the much-improved household data sets now ... More

Traces the interactions between economic growth, income inequality, and consumption poverty in a sample of African countries during the 1990s. Draws on the much-improved household data sets now available in the region. Finds that experiences have varied: some countries have seen sharp falls in income poverty; others have witnessed marked increases. Economic growth has been ‘pro-poor’ in that the incomes of poor households have typically grown at similar or faster rates than average income. But the aggregate numbers hide significant and systematic distributional effects that have caused some groups and regions to be left behind.Less

The Descriptive Inaccuracy of the Harm-within-the-Risk Analysis as Measuring Proximate Causation

Michael S. Moore

in Causation and Responsibility: An Essay in Law, Morals, and Metaphysics

This chapter argues that as applied to any crimes or torts, not just those of negligence, the harm within the risk test does not address the issues that tests of proximate causation do and should ... More

This chapter argues that as applied to any crimes or torts, not just those of negligence, the harm within the risk test does not address the issues that tests of proximate causation do and should address. These issues are three in number: first, issues of remoteness; second, issues of intervening causation; and third, issues of pre-existing abnormalities.Less

Remoteness

Robert Stevens

in Torts and Rights

Sometimes labelled ‘proximate cause’ or ‘legal cause’, remoteness concerns the scope of responsibility for wrongdoing. The dominant approach is to apply a test of reasonable foreseeability to ... More

Sometimes labelled ‘proximate cause’ or ‘legal cause’, remoteness concerns the scope of responsibility for wrongdoing. The dominant approach is to apply a test of reasonable foreseeability to determine whether a loss is too remote. This chapter examines the inadequacies of this test both as an inclusionary and exclusionary rule, and the failure of the logic of the Wagon Mound (No 1) from which it is derived. When loss is coincidental to a wrong, and when it is outside of the scope of the purpose of the right relied upon, are also illustrated. When the chain of causation is broken by intervening conduct of third parties and the claimant himself is shown.Less

Concurrence

Robert Stevens

in Torts and Rights

One action by the defendant may infringe more than one right of the claimant. Concurrent liability raises issues in relation to a number of rules, in particular limitation, interest, jurisdiction, ... More

One action by the defendant may infringe more than one right of the claimant. Concurrent liability raises issues in relation to a number of rules, in particular limitation, interest, jurisdiction, applicable law, remoteness, contributory fault and defences. Perhaps the greatest confusion has arisen in relation to occupiers liability, where the failure to differentiate the potential rights in play has led to confusion and muddle.Less

10. The Law of Torts in the Twentieth Century: Expansion and Collapse of the Tort of Negligence

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

The tort law of negligence was thoroughly fragmented in the 19th century. This chapter shows how, in the 20th century, the practice moved in the direction of theory as the tendency towards ... More

The tort law of negligence was thoroughly fragmented in the 19th century. This chapter shows how, in the 20th century, the practice moved in the direction of theory as the tendency towards fragmentation was reversed. Detailed duties of care were superseded by a single duty of care. The component parts of the tort—duty, breach, remoteness—increasingly merged into each other. Moreover, it no longer seemed self-evident that there should be a link between legal liability and wrongdoing, with the result that the idea of negligence as a failure to take the care that would have been taken by a reasonable man began to degenerate back to an undifferentiated notion of blameworthiness.Less

Transferred Malice and the Remoteness of Outcomes from Intentions

Jeremy Horder

in Homicide and the Politics of Law Reform

This chapter considers the doctrine of transferred malice, in the context of the law commission's recommended reforms to the law of murder. According to this doctrine, if someone aims to kill one ... More

This chapter considers the doctrine of transferred malice, in the context of the law commission's recommended reforms to the law of murder. According to this doctrine, if someone aims to kill one person, but may mistake or accidentally kills a different person, they can be convicted of the murder of the person actually killed. The chapter defends the application of the principle in general. However, it also argues that if the actual victim is not only killed in an unanticipated way, but is also not the intended victim, then the killing will be too remote from the consequence the would-be killer intended. This qualification is defended as a distinct doctrine from remoteness in causation.Less

The Verse of Ineffable Remoteness (Yōon)

in Murmured Conversations: A Treatise on Poetry and Buddhism by the Poet-Monk Shinkei

This chapter focuses on Shinkei's view of superior poetry and a medieval hermeneutic that, paradoxically, locates the poetic sublime beyond language. Shinkei laments the tendency of people to ignore ... More

This chapter focuses on Shinkei's view of superior poetry and a medieval hermeneutic that, paradoxically, locates the poetic sublime beyond language. Shinkei laments the tendency of people to ignore verses whose diction and figuration have a certain ineffable remoteness (yōon. His emphasis is not the words or their particular arrangement, or even the sense they are (or are not) making, but rather their evocation of the ambiguity of things. This does not mean a rejection of the poem's diction, configuration, and meaning, but rather an attempt to highlight their combined effect as the place where value resides. In order to produce the ineffable, the mental/spiritual discipline and concentration of the seeker after Buddha-wisdom are required. The point is the temporality of phenomena, their relativity, and, consequently, their emptiness. Shinkei views the sublime, which he equates with the ultimate Dharma Body (dharmakāya), as the poem that is a meditation on emptiness.Less

Compensatory Protection of Legitimate Expectations (II): Informal Representations

Søren J. Schønberg

in Legitimate Expectations in Administrative Law

Individuals who rely on administrative representations may suffer a loss if the administration departs from what it has represented. This chapter analyses the extent to which English, French, and ... More

Individuals who rely on administrative representations may suffer a loss if the administration departs from what it has represented. This chapter analyses the extent to which English, French, and European Community (EC) law provide redress for such loss. The aim is to determine how compensatory remedies complement procedural and substantive principles of administrative law in protecting legitimate expectations, and to draw some conclusions about the future development of English law in this area. A distinction is drawn between two types of situations. In the first situation, the administration makes a misrepresentation of law, fact, or intent which it subsequently resiles from. In the second situation, the administration makes a correct representation, which it subsequently resiles from in the light of a reassessment of the applicant's case or a general change in administrative policy. The requirements which limit the scope of administrative liability, namely reasonable reliance, causation, remoteness, and damage, are discussed. Finally, the outcome of the comparative survey is summarised and some limited proposals for reform are presented.Less

Lifting the Veil: The Sacred and Political Geography of Hunza

Shafqat Hussain

in Remoteness and Modernity: Transformation and Continuity in Northern Pakistan

This chapter looks into the construction of Hunza's remoteness in the socio-spatial domain of geographical exploration. It describes how the explorations and surveys performed in the region resulted ... More

This chapter looks into the construction of Hunza's remoteness in the socio-spatial domain of geographical exploration. It describes how the explorations and surveys performed in the region resulted not only in acquisition of geopolitical information, including descriptions and cataloguing of people and space but also in an exaggerated sense of uniqueness. In the British Empire's account, the region was the origin of sacred rivers and of people who were the ancestors of both Indians and Europeans. That is, the British viewed the inhabitants as the ancestors of the Aryan race. They discovered similarities in Latin, Greek, Persian, and Sanskrit texts and languages as proof of the existence of a proto-language spoken by the people of Hunza. In their explorations, the British Empire deployed the discourse of “lifting the veil” to construct the region as full of mystery and mystique and, hence, an appropriate and suitable candidate for exploration.Less

The Friction and Rhetoric of Distance and the Alterity of Hunza

Shafqat Hussain

in Remoteness and Modernity: Transformation and Continuity in Northern Pakistan

This chapter views the construction of remoteness at the Hunza region from the perspective of categorization and governance of imperial territory. It uses the discourses of “friction of distance” and ... More

This chapter views the construction of remoteness at the Hunza region from the perspective of categorization and governance of imperial territory. It uses the discourses of “friction of distance” and “rhetoric of distance” in this perspective, rendering Hunza as a remote place and inhabited by primitive and savage people. The resistance of the leader of the region, called “mir”, to British Empire frontier policy and his political machinations with Russia and China made him a quintessential savage who did not understand the concept of civilization, which the British thought they were “bringing” to Hunza. Aside from savages, the people of Hunza were constructed as caravan raiders who wreaked havoc on trade. While the British viewed the people of Hunza as remote and isolated, the rulers of Hunza positioned themselves differently: at the center of three powerful empires (British, Chinese, and Russian) rather than at the edges of civilization.Less

Frontier Matters: Irrelevance, Romanticism, and Transformation of Hunza Society

Shafqat Hussain

in Remoteness and Modernity: Transformation and Continuity in Northern Pakistan

This chapter examines Hunza during the postconquest era which started in 1891, the year when the region completely fell to the British Empire. Using frontier settlement and administration as a ... More

This chapter examines Hunza during the postconquest era which started in 1891, the year when the region completely fell to the British Empire. Using frontier settlement and administration as a socio-spatial domain, it analyzes the ways in which irrelevance and lack of urgency in the frontier settlement process constructed Hunza's remoteness. Under the Empire, the natives of Hunza were treated with an air of exclusivity and romanticism such as distant and quaint places often are associated with. After the conquest, the region became an ideal society in need of British protection and paternalism. Hunza's remoteness was constructed in this discourse in requests by British officers for reenactments of caravan raiding and re-representations of the travel experience to Hunza from Kashmir as cultural performance. The mir of Hunza, now fully loyal to the British, consolidated power under British rule and extended authority over areas where he previously had none.Less

Rural Romance and Refuge from Civilization

Shafqat Hussain

in Remoteness and Modernity: Transformation and Continuity in Northern Pakistan

This chapter explores the construction of Hunza's remoteness within the discourse of antimodernism. During the mid-twentieth century, a number of Western medical doctors and farmers visited the ... More

This chapter explores the construction of Hunza's remoteness within the discourse of antimodernism. During the mid-twentieth century, a number of Western medical doctors and farmers visited the region, fascinated with the remarkably good health of the people of Hunza, which they attributed to the traditional methods of agriculture and food production that had flourished because of Hunza's isolation from the world. If Hunza's location earlier was seen as being on the margins of—and even beyond—civilization, it was now seen as a refuge from civilization and modern society. It was depicted as a rural utopia likened to the mythical city of Shangri-la. Aware of his diminishing power, the mir manipulated tourists'representation of his domain as remote by playing along in a hopeless effort to strengthen his position against the Pakistani state, whose own policies reinforced Hunza as remote, albeit being connected more with the mainstream society and economy.Less

On the Edge of the World

Shafqat Hussain

in Remoteness and Modernity: Transformation and Continuity in Northern Pakistan

This chapter examines how indigenous notions of space and place are structured by focusing on the people living in the village of Shimshal. It studies how the Shimshali act and perceive their ... More

This chapter examines how indigenous notions of space and place are structured by focusing on the people living in the village of Shimshal. It studies how the Shimshali act and perceive their geographical remoteness. The Shimshali seasonal migration of yaks creates zones of remoteness within their own cosmologies. Here remote space is constructed through internal mobility that is a function of the location of grazing areas and migration routes and the behavior of the yaks. From this, the Shimshalis construct an indigenous sense of remoteness through discourses of separation and integration in the socio-spatial domain of transhumance migration and pastoralism, which forms the basis of their subsistence and hunting practices. The chapter describes what the Shimshalis feel that despite the lack of connectivity from the outside world, they have become increasingly vulnerable to the flow of ideas and material from the outside.Less

Strange Strangers in the Land of Paradise

Shafqat Hussain

in Remoteness and Modernity: Transformation and Continuity in Northern Pakistan

This chapter discusses the encounters between the Shimshali, the inhabitants of Shimshal, and the wave of tourists who visited the Hunza region during the last two decades of the twentieth century. ... More

This chapter discusses the encounters between the Shimshali, the inhabitants of Shimshal, and the wave of tourists who visited the Hunza region during the last two decades of the twentieth century. It analyzes this encounter within the domain of global tourism and mediated by a discourse of cultural authenticity and hospitality. During this period, the remoteness of the region was framed as an explanation for the preservation of pristine agricultural practices. This serves as a stark contrast to the perceptions in the early 2000s, when remoteness was viewed as an explanation for the preservation of its culture of hospitality. One aspect of tourists' experience was that the Shimshalis“performed” the ideal host, welcoming tourists into their homes. This led to tourists believing that increasing accessibility to Shimshal threatened the village's remoteness and culture.Less

Romanticism, Environmentalism, and Articulation of an Ecological Identity

Shafqat Hussain

in Remoteness and Modernity: Transformation and Continuity in Northern Pakistan

This chapter presents two discourses on nature which looks at the construction of Shimshal's remoteness. Both discourses are considered in the socio-spatial domain of environmental conservation. In ... More

This chapter presents two discourses on nature which looks at the construction of Shimshal's remoteness. Both discourses are considered in the socio-spatial domain of environmental conservation. In the first discourse, the Shimshal appears as the last refuge for endangered species such as the Marco Polo sheep and the snow leopard. The village's vast pastures are rendered empty and pristine in this discourse, evoking the image of an area far from industrialization, capitalism, and state expansion. Because of this, Shimshali appears in this space as out of place. In the second discourse, the Shimshali appears as an integral part of the space. Like nature itself, the village and its inhabitants are uncorrupted and untainted by modernity. The chapter also examines how the Shimshalis articulate their identity with the latter discourse in the context of the establishment of the Khunjerab National Park.Less

Epilogue

Shafqat Hussain

in Remoteness and Modernity: Transformation and Continuity in Northern Pakistan

This epilogue draws together the various aspects of remoteness tackled in the entire book. It looks into how the existence and perceptions of remoteness and remote areas have become inherent ... More

This epilogue draws together the various aspects of remoteness tackled in the entire book. It looks into how the existence and perceptions of remoteness and remote areas have become inherent conditions of modernity and the process of modernization. The history of Hunza shows that some of the themes associated with remoteness repeat themselves, although the wider context and the specificities may change. For example, the search for an original Aryan race by the British is similar to the search for an original Pakistani ethnicity by the Pakistan People's Party. Both ascribe to remoteness the quality to harbor origins. The chapter concludes by arguing that despite globalization and technological innovation, both in a literal and metaphorical sense, the meaning of remote areas is changing yet again. Today, remote areas are described less by their accessibility and familiarity and more by their anonymity.Less

Introduction

Jenna M. Loyd and Alison Mountz

in Boats, Borders, and Bases: Race, the Cold War, and the Rise of Migration Detention in the United States

The introduction situates the scope of the study and the key arguments advanced in Boats, Borders, and Bases. It details research questions, methodology, and key concepts the book uses to explore the ... More

The introduction situates the scope of the study and the key arguments advanced in Boats, Borders, and Bases. It details research questions, methodology, and key concepts the book uses to explore the interrelations between border fortification, migration deterrence, militarization, and criminalization. It presents prevailing explanations for the remote locations of detention facilities and proposes a more systematic approach for explaining the geography of U.S. detention expansion.Less

“Not a Prison”: Building a Deportation Hub in Oakdale, Louisiana

Jenna M. Loyd and Alison Mountz

in Boats, Borders, and Bases: Race, the Cold War, and the Rise of Migration Detention in the United States

Chapter 3 examines how central Louisiana became the unlikely site for the Immigration and Naturalization Service’s first new long-term detention facility and hub for deportation. Faced with high ... More

Chapter 3 examines how central Louisiana became the unlikely site for the Immigration and Naturalization Service’s first new long-term detention facility and hub for deportation. Faced with high unemployment following the collapse of the local lumber industry, the enterprising mayor of Oakdale spearheaded a campaign to secure the new federal facility. Simultaneously, the Department of Justice debated which agency was best suited to carry out the new mandate of long-term detention of noncitizens. The INS did not have the carceral experience of the Bureau of Prisons, but because migrant detention was not a criminal justice punishment, this imprisonment threatened to create legal liabilities for the government. These legal questions also informed jurisdictional conflict over where this new facility would be sited. Oakdale’s efforts were jeopardized as Associate Attorney General Rudolph Giuliani backed the proposal of the Bureau of Prisons to run migrant detention near one of its prisons in Oklahoma. The forceful backing of Louisiana politicians eventually won the facility for Oakdale.Less

Between Negative and Positive Scope? The Principles of De Minimis and Remoteness

Niamh Nic Shuibhne

in The Coherence of EU Free Movement Law: Constitutional Responsibility and the Court of Justice

This chapter discusses the principles of remoteness and de minimis, arguing that these sit somewhere between what-based exclusions (negative scope) and the elements that do make up a Treaty-relevant ... More

This chapter discusses the principles of remoteness and de minimis, arguing that these sit somewhere between what-based exclusions (negative scope) and the elements that do make up a Treaty-relevant restriction (positive scope). It examines the main features of remoteness, with particular focus on its dominant expression as an ‘effects too uncertain and indirect’ test. It then addresses whether de minimis and remoteness (should) have an independent case law life, as what-based exclusionary rules or whether their extraction from the determination of positive scope is neither possible nor useful.Less