Theory argues that rights-based judicial review fails because it does not have popular support. However, examining actual events in battles over freedom of speech, privacy and civil rights demonstrates that this theory often fails when applied. Those arrested during the First World War in America often only received redress through administrative agencies. Civil rights protestors' experiences prove that the federal courts were the only ones generally to protect their rights, and that the legislatures failed to act. Similarly, judicial review increased the freedom of the press during the 1960s, which in turn boosted the civil rights movement. Finally, it was the courts which helped Americans to realize their right to privacy. Included in that right to privacy was the right for people to marry regardless of their race. Overall, courts and administrative agencies, particularly at the federal level, do a better job at protecting rights than legislatures.
History Says That Practice Makes Perfect (And That Judges Are Better Too)
Political Rhetoric at the Center of a Technological Project
This article gives a detailed account of the political processes and stages involved in the implementation of video surveillance devices in two major Portuguese cities, Oporto and Lisbon. It seeks to draw two main conclusions regarding the introduction of these systems in public areas and the developments that they have undergone over the period under analysis. The first is that installing these devices reflects a political response designed to provide a hasty solution to a social phenomenon—fear—that is largely subjective. The second is that the generalized perception as to the uncertainty of the effectiveness of these systems explains the lack of consistency and coordination in their implementation. The article concludes by discussing fear and insecurity in the context of concerns for a more efficient justice system.
This article examines Margaret Oliphant's Salem Chapel (1863), the author's only foray into the sensation genre. It argues that the novel's focus on the dangers of gossip and public exposure reveals Oliphant's fraught relationship with sensationalism. Two key characters represent sensational readers and authors in the novel: Arthur Vincent and Adelaide Tufton. By emphasising their eager, voyeuristic desires for sensation, Oliphant marks such modes of reading and interpretation - and the genres which encourage such desires - as problematic. The novel also constructs gossip and public media as troubling, and thus questions sensationalism's reliance on voyeuristic thrills.
The Challenges of Mobility in the Work of Rhoda Broughton
This article examines women's mobility in the work of Rhoda Broughton, looking closely at her use of the railway as a means of rendering not only the movement but also the drifting consciousness of her heroines. Combining privacy and publicity, movement and stasis, the railway in Broughton's work affects the subjectivity and everyday routine of women, becoming a literary means of exploring woman's complex response to the transitory nature of experience, the rapidly shifting states of consciousness, and modernity's fleeting images - all of which are reflected in Broughton's idiosyncratic style.
Why Revisit Intimacy?
Sertaç Sehlikoglu and Aslı Zengin
Intimacy is tightly bound up with notions of privacy, sexuality, proximity and secrecy, and with dynamics of sensual and affective attachments and forms of desire. It is therefore integral to the formation of human selves and subjectivities, as well as communities, publics, collectives and socialities. The articles in this Special Section all offer an anthropological inquiry into intimacy, seeking a conceptual formulation that might capture its actual operations, the ways intimacy is done in talk and action. They thus contribute ethnographically to ongoing anthropological debates about intimacy, and explore how multiple domains and forms of intimacies are defined, shaped, constructed and transformed across different social worlds.
Ethics and Privacy in Digital Research with Girls
The use of digital technology, particularly cell phones, is growing as a medium for data collection in social research. However, there remains concern about our implementing appropriate ethical practice when we are conducting digital research with people, including girls, who are considered vulnerable. In this article, I will discuss some of the ethical considerations that emerged during an action research project I undertook with a community of secondary school girls in Nairobi, Kenya. These considerations are related to privacy in connection with surveillance as a means of cell phone-based data collection. My aim is to initiate a scholarly dialogue on creating a framework of ethical practice for digital research with girls—particularly those who are infrequently given a voice in the literature on girlhood studies.
Natural Limits, Creation and the Culture of Mahremiyet in Turkey
This article offers an ethnographic account of the culture of mahremiyet [intimacy and privacy] in Turkey, not only as an institution of intimacy regulating everyday sexual relationships between individuals in public, but also as a system enabling the operation of social normalcies through the creation of boundaries and privileges. By probing the concepts of mahremiyet and fıtrat [creation or natural disposition], the article investigates how intimacy operates in religious, mundane and political registers, and delves into the intricate relationship between the intimate and the shared. It suggests that the culture of mahremiyet is deeply rooted in the ways individuals construct their sense of selves in relation to others, and imagine mahrem boundaries as natural, God-given, or fıtrî laws in their entanglement with gender. The use of the language of mahremiyet in contemporary politics not only enables what can seem to be a meta-cultural intelligibility that guarantees popular support, but also distances any critique as strange or foreign.
Prisons, Sanctions, and Education
Examining two Israeli cases, this article addresses the highly controversial question about the privatization of state authority. The first concerns the Supreme Court decision that prohibits private prisons, a ruling that reflects the deep-rooted assumption that criminal punishment is a matter of state authority. The second case refers to the Israeli religious organization Takana Forum, which seeks to handle sexual offenses committed by authoritative figures within its community. The relation between privatization, privacy, and multiculturalism is presented as potentially perpetuating patriarchal authority in family life, education, and punishment. Following this discussion, different models of privatization based on the nature of the respective privatized authority are presented. The article concludes with an analysis of the conflict between communal and state law and its potential effect on Israel's collective co-existence.
Kibbutz Yakum as a Case Study
Amir Har-Gil and Inbal Ben-Asher Gitler
Architecture and landscape constitute key aspects of fictional realistic drama in film and television. In fictional films whose plots take place on Israeli kibbutzim, on-site cinematography is a central means of achieving a realistic and dramatic portrayal of the communal settlement and its social space. In this article, we investigate five productions filmed on location at Kibbutz Yakum. We argue that these filmic representations of architecture and landscape reify the image of the kibbutz as an introverted society that denies individuals their privacy and upholds the centrality and presence of community. By comparing the actual sites with their presentation in films, we show that the physical space of the kibbutz was filmed selectively in a manner that immortalizes its communal, 'classical' image, which in reality no longer exists. The kibbutz's transformation from a communal to a privatized society is purposely veiled in these films, preserving the kibbutz's established image.
This article discusses the form in which the “I-We“ relationship is configured in Israel, in terms of its intersection with democracy. It argues that what is usually considered as a sine qua non for a robust democracy, namely, an agonistic tension between the “I,“ that is our individual uniqueness, privacy, and personal liberty, and the “We,“ that is our collective liberty and autonomy, is absent from Israeli society. Moreover, when we examine the distribution, consumption, use, and negotiation of power in the sphere of everyday life in Israel, we find that “the military,“ its discourse, and its practices suffuse precisely those spaces where the social fabric as well as identities are being shaped. The conclusion is that the Israeli society is actually drifting away from democracy in an increasingly oppressive erasure of personal identity claims, as well as of their discourse and praxis.