“Legal Form and Legal Legitimacy: The IHRA Definition of Antisemitism as a Case Study in Censored Speech”

The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK following its adoption by the British government in 2016. Instead of focusing on this definition’s substantive content, I show how the document reaches beyond its self-described status as a “non-legally binding working definition” and comes to function as what I call a quasi-law, in which capacity it exercises the de facto authority of the law, without having acquired legal legitimacy. Broadly, this work elucidates the role of speech codes in restricting freedom of expression within liberal states

Time indeterminacy and spatio-temporal building transformations: an approach for architectural heritage understanding

Nowadays most digital reconstructions in architecture and archeology describe buildings heritage as awhole of static and unchangeable entities. However, historical sites can have a rich and complex history, sometimes full of evolutions, sometimes only partially known by means of documentary sources. Various aspects condition the analysis and the interpretation of cultural heritage. First of all, buildings are not inexorably constant in time: creation, destruction, union, division, annexation, partial demolition and change of function are the transformations that buildings can undergo over time. Moreover, other factors sometimes contradictory can condition the knowledge about an historical site, such as historical sources and uncertainty. On one hand, historical documentation concerning past states can be heterogeneous, dubious, incomplete and even contradictory. On the other hand, uncertainty is prevalent in cultural heritage in various forms: sometimes it is impossible to define the dating period, sometimes the building original shape or yet its spatial position. This paper proposes amodeling approach of the geometrical representation of buildings, taking into account the kind of transformations and the notion of temporal indetermination

Lending relationships and monetary policy

Financial intermediation and bank spreads are important elements in the analysis of business cycle transmission and monetary policy. We present a simple framework that introduces lending relationships, a relevant feature of financial intermediation that has been so far neglected in the monetary economics literature, into a dynamic stochastic general equilibrium model with staggered prices and cost channels. Our main findings are: (i) banking spreads move countercyclically generating amplified output responses, (ii) spread movements are important for monetary policy making even when a standard Taylor rule is employed (iii) modifying the policy rule to include a banking spread adjustment improves stabilization of shocks and increases welfare when compared to rules that only respond to output gap and inflation, and finally (iv) the presence of strong lending relationships in the banking sector can lead to indeterminacy of equilibrium forcing the central bank to react to spread movements

Legitimacy and the TRIPS Agreement

TRIPS, legitimacy, World Trade Organization

Representational Indeterminancy and Enterprise Search: The Importance of Subject Indexes

The proposed research examines the impact that adding context – via the use of subject indexes – to a query has on search results. This design science research is motivated by the need for a solution to the well-documented failure of enterprise search. Preliminary experimental data is presented that indicates that the use of subject indexes to augment full-text search may indeed be a valid solution and thereby encourages continued investigation. Continuing the research, we propose an experiment where we simulate the search for randomly selected (single) documents in a collection. We will use the comparison of search results between full-text only and full-text plus subject metadata searches to evaluate search performance. The primary dependent variable used will be the rank of the searched-for document in the result set returned by the search engine for each search

Marx, Lenin and Pashukanis on self-determination: response to Robert Knox

This response to Robert Knox’s very kind and constructive review1 of my 2008 book The Degradation of the International Legal Order?: The Rehabilitation of Law and the Possibility of Politics gives me the opportunity not only to answer some of his criticisms, but also, on the basis of my own reflections since 2008, to fill in some gaps. Indeed, to revise a number of my arguments. First, I restate my attempt at a materialist account of human rights. Next I explain why, for me, the right of peoples to self-determination is absolutely central to a materialist understanding of human rights; and also fill a serious gap in my own account in the book. This leads me not only to a reply to Robert Knox on the question of ‘indeterminacy’ in international law, but also to a disagreement with him on the use or misuse of the language of self-determination. My fourth section returns to our very different evaluations of the significance and meaning of the work of Yevgeny Pashukanis, and what, for me, is Pashukanis’s misunderstanding, for reasons consistent with his general theoretical trajectory, of Marx and Lenin on the Irish question. Finally, I present an outline of a re-evaluation of Marx’s principled position on self-determination