Doping as addiction: disorder and moral responsibility

D’Angelo and Tamburrini invited readers to consider doping in sport as a health issue and dopers as potential addicts who need therapy rather than offenders who need punishing. The issue of addiction in sport is important and very much under researched. In this essay I explore the extent to which addiction can be justifiably used as an excuse for offending behaviour. The favoured argument is that addicts experience a craving or compulsion to use over which they have no control. I argue that there is insufficient evidence that addicts experience such compulsion. Although it seems science is unravelling some of the mysteries of addiction, it has not provided sufficient evidence that addictive consumption amounts to compulsive use. Nevertheless, it is clear that addicts do have difficulty with controlling their use and such difficulties ought to be considered in any judgements about moral responsibility. This does not mean that rules or laws including anti-doping legislation should be altered because not all those who fall foul are addicted. Moreover, accepting responsibility and punishment for the consequences of their actions (including anti-doping rules) is an important part of therapy for addicts

Juridical Encounters: Māori and the Colonial Courts, 1840-1852.

Juridical Encounters: Māori and the Colonial Courts, 1840-1852 by Shaunnagh Dorsett is an engaging and nuanced study of the development of colonial laws and institutions in Aotearoa New Zealand and the expansion of the jurisdiction of state law that begins in this period. The issues explored in the book –  relating to the relationship between the law of the settler state and Indigenous law; the recognition of Māori law by the state legal system; and the authority with which Māori and state law speak – remain live issues today. Studying how those issues were addressed during the Crown colony period helps us to understand the current relationship between Māori law and state law, how we arrived at this point, and, crucially, it helps us to think about how to approach that relationship with legal techniques appropriate to the social and political context and objectives of the 21st century

Book Review: A Long Time Coming: The story of Ngāi Tahu's Treaty Settlement Negotiations with the Crown

Martin Fisher A Long Time Coming: The story of Ngāi Tahu's Treaty Settlement Negotiations with the Crown (Canterbury University Press, 2020)

Co-Governance and the Case for Shared Decision Making

This article explores some of the key features of co-governance, or shared decision making, between Māori and the Crown. Co-governance models create the conditions for making better decisions by sharing decision making with Māori where Māori communities have a distinctive interest. Such models are able to draw on the distinctive experiences, knowledge and expertise that Māori communities can bring. Shared decision making enhances the legitimacy and durability of decisions by giving effect to rights under te Tiriti o Waitangi. The article also identifies some key principles of effective co-governance and provides some brief examples where shared decision making is being implemented to illustrate the range of situations in which such models are applicable

Māui And The People Of The North

This story was inspired by my participation in a workshop on Indigenous Legal Traditions held in Fort St John, British Columbia, Canada, in 2011. At that workshop, lawyers and legal academics worked collaboratively with elders and other members of the local region's Cree and Dene communities over several days to explore ways of reading and working with indigenous legal 'texts'. Though the workshop was necessarily tentative and exploratory, there were powerful learnings for all involved and I would like to acknowledge the generosity of the peoples of the Treaty Eight territory for sharing their stories with all of us who were privileged to participate.&nbsp

Ystyriaeth Feirniadol o Arwyddocd Moesegol Chwaraeon Rhyngwladol

Yn yr erthygl hon rydym yn herio’r syniad fod cenedlaetholdeb yn gyffredinol, a chenedlaetholdeb ar y maes chwarae yn arbennig, yn anfoesol. Er bod cenedlaetholdeb yn gallu cael ei lygru ar y maes chwarae ac mewn cyd-destunau eraill, nid yw hynny o reidrwydd yn anochel. Drwy drafod athroniaeth cenedlaetholdeb rhyddfrydol, fe fyddwn yn ceisio dangos bod derbyn ymlyniad diwylliannol a chenedlaethol yn hanfodol er mwyn hybu cymuned ryng-genedlaethol. Ymhellach, byddwn yn dadlau bod gan chwaraeon cenedlaethol botensial hynod arwyddocaol i greu fforwm a deialog lle y gall gwahanol ddinasyddion rannu a dysgu oddi wrth ei gilydd. In this paper we challenge the idea that nationalism in general, and sporting displays of nationalism in particular, are morally problematic. Whilst sporting displays of nationalism are often accompanied by ethnocentric and jingoistic tendencies, it does not follow that such competition is inherently problematic. By drawing on Liberal Nationalist philosophy, we argue that accepting and celebrating particular cultural and national ties represent a fundamental step towards encouraging an international and cosmopolitan mindset. Moreover, we argue that international sport has significant potential in stimulating meaningful cultural conversations, both within and between national communities

Where is Wales? Narrating the territories and borders of the Welsh linguistic nation

The paper shows how different organizations in the post-devolution period have erected internal borders within Wales, which reflect Welsh linguistic geographies and differing constructions of the 'true' extent of the Wales linguistic nation. Key to this debate has been the formation of the pressure group Cymuned. Cymuned's formation has led to numerous political and territorial tensions with the discourses promoted by established linguistic and political movements within Wales. Theoretically, the paper illustrates the importance of viewing borders and territories as spatial entities that are narrated in character. Empirically, it sheds light on the complexity of borders in post-devolution Wales

E Toru ngā Tauira mo te Hononga ki te Māori ki te Pākehā mo te Umanga Taha Ture

Ki te kōrero tātau mo ngā hononga tōtika i waenganui i te Karauna me te Māori, kei te kōrero kē tātau mo te pūmautanga kaha ki te Tiriti o Waitangi. Ahakoa he aha ngā tautohe, ngā whakamārama mo te wāhanga Māori, wāhanga Pākehā o te Tiriti e pā ana ki ngā kupu “kāwanatanga” me te “sovereignty”ko te tino rangatiratanga kia noho pūmau. Ko te tino pūtake o ēnei wāhanga e rua kia āhei ngā hiahia o ngā taha ē rua, kia noho tahi mai i runga i āna tikanga, ā, kia kaua tētahi e aukati i tētahi. I te mea hoki e kuhu atu ana ngā tokorua iwi nei, Māori, Pākehā ki te rapu i te ōranga tonutanga e tū tahi ai rāua tahi. E toru ngā tauira mo te hononga ki te Māori ki te Pākehā taha ture: Taha Ture Tapa Toru ka tāea ahakoa iti nei te hononga kātahi, te Taha Tangata Whenua Ture, ko ngā tikanga ka tau mai no roto ake i te tangata whenua, kā rua, me te Taha Rua Ture kia hāngaia he taha ture mai i ngā taha ē rua

Juridical Encounters: Māori and the Colonial Courts, 1840-1852.

Juridical Encounters: Māori and the Colonial Courts, 1840-1852 by Shaunnagh Dorsett is an engaging and nuanced study of the development of colonial laws and institutions in Aotearoa New Zealand and the expansion of the jurisdiction of state law that begins in this period. The issues explored in the book –  relating to the relationship between the law of the settler state and Indigenous law; the recognition of Māori law by the state legal system; and the authority with which Māori and state law speak – remain live issues today. Studying how those issues were addressed during the Crown colony period helps us to understand the current relationship between Māori law and state law, how we arrived at this point, and, crucially, it helps us to think about how to approach that relationship with legal techniques appropriate to the social and political context and objectives of the 21st century