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1
Marková, Ivana, and Gillespie Alex. Trust and conflict: Representation, culture and dialogue. Hove, East Sussex: Routledge, 2012.
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2
Trust: Representatives and constituents. Ann Arbor: University of Michigan Press, 1994.
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3
Williams, Melissa S. Voice, trust, and memory: Marginalized groups and the failings of liberal representation. Toronto: Faculty of Law, University of Toronto, 1999.
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4
Williams, Melissa S. Voice, trust, and memory: Marginalized groups and the failings of liberal representation. Princeton, N.J: Princeton University Press, 1998.
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5
Boyer, J. Patrick. "Just trust us": The erosion of accountability in Canada. Toronto: Breakout International Network, 2003.
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6
Hexemer, Hans-Peter. Volk oder Parteien: Wer ist der Souverän? : Podiumsdiskussion im Landtag Rheinland-Pfalz am 20. Juni 2000. Mainz: Landtag Rheinland-Pfalz, 2000.
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7
Mentale Repräsentation von Vertrauen: Eine entwicklungspsychologische Studie bei Kindern. Frankfurt am Main: Lang, 2000.
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8
Who can you trust?: How technology brought us together and why it might drive us apart. New York: Public Affairs, 2017.
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10
Celis, Karen, and Sarah Childs. Feminist Democratic Representation. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190087722.001.0001.
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When are women well represented, politically speaking? The popular consensus has been, for some time, when descriptive representatives put women’s issues and feminist interests on the political agenda. Today, such certainty has been well and truly shaken; differences among women—especially how they conceive of their “interests”—is said to fatally undermine the principle and practice of women’s group representation. There has been a serious loss of faith, too, in legislatures as the sites where political representation takes place. Feminist Democratic Representation responds by making a second-generation feminist design intervention; firmly grounded in feminist empirical political science, the authors’ design shows how women’s misrepresentation is best met procedurally, taking women’s differences as their starting point, adopting an indivisible conception of representation, and reclaiming the role of legislatures. This book introduces a new group of actors—the affected representatives of women—and two new parliamentary practices: group advocacy and account giving. Working with a series of vignettes—abortion, prostitution, Muslim women’s dress, and Marine Le Pen—the authors explore how these representational problematics might fare were a feminist democratic process of representation in place. The ideal representative effects are broad rather than simply descriptive or substantive: they include effects relating to affinity, trust, legitimacy, symbolism, and affect. They manifest in stronger representative relationships among women in society, and between women and their representatives, elected and affective; and greater support for the procedures, institutions, and substantive outputs of representative politics, and at a higher level, the idea of representative democracy. Against the more fashionable tide of post-representative politics, Feminist Democratic Representation argues for more and better representation.
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Edmonds, Ed. Athlete Representation. Edited by Michael A. McCann. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190465957.013.14.
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The sports agent performs a critical function as an intermediary between management and athletes by handling contract negotiations, endorsements, financial planning, and other associated activities. This chapter provides a history of athlete representation beginning in the 1920s with the efforts of Christy Walsh and Charles C. Pyle through the increased role of players associations during the final third of last century. In the 1980s, professional associations and state legislatures launched efforts to regulate agent behavior as a reaction to evidence of abuse. In the 2000s, these problems prompted the National Conference of Commissioners on Uniform State Laws to introduce the Uniform Athlete Agents Act, a legislative initiative ultimately adopted by over 80% of states, and the U.S. Congress passed the Sports Agent Responsibility Trust Act. Both initiatives addressed the tension between the NCAA’s amateurism standards and efforts by agents to attract clients before the completion of their eligibility.
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Paul, Buckle. III Trust Arbitration as a Matter of National Law, 12 Trust Arbitration in Guernsey. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0012.
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In 2008, Guernsey adopted the Trusts (Guernsey) Law 2007, which provides in section 63(1) for a binding alternative dispute resolution (ADR) process for claims ‘founded on breach of trust’. Whilst this legislation is in many ways positive, it has been rarely if ever used. The reason seems to be that the legislation is still not regarded as a workable way of achieving finality due to perceived difficulties in securing proper representation of minor and unborn beneficiaries and achieving a binding resolution of trust disputes. Indeed, there appears to be a fundamental incompatibility between trusts and commercial arbitration that has not yet been overcome. This chapter considers why and what more might be done to improve on what is still surely a very promising legislative start.
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Bianco, William T. Trust: Representatives and Constituents (Michigan Studies in Political Analysis). University of Michigan Press, 1994.
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14
Bianco, William T. Trust: Representatives and Constituents (Michigan Studies in Political Analysis). University of Michigan Press, 1994.
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15
10% Less Democracy: Why You Should Trust Elites a Little More and the Masses a Little Less. Stanford University Press, 2020.
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16
Esaiasson, Peter, and Lena Wängnerud. Political Parties and Political Representation. Edited by Jon Pierre. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199665679.013.11.
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Although Sweden is characterized by a stable formal framework for political representation, major changes during recent decades have affected the conditions in which political representation is exercised. A once orderly five-party system has evolved into an unwieldy eight-party system, and turnover in the Riksdag has increased. Parties are challenged from the inside by an increased presence of previously excluded groups, such as women and foreign-born representatives. Analyzing a unique series of mail surveys to Swedish MPs from 1985–2010, the chapter reports congruence on left–right issues versus profile issues for newcomer parties, gender gaps in policy priorities and policy standpoints, and trends in citizens’ trust in representative institutions. The long-term perspective demonstrates that Swedish political parties are successful survivors. There is stability in policy agreement on left–right issues, and the increased number of parties and women MPs has meant stronger agreement between certain segments of MPs and voters.
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Congress and the Decline of Public Trust (Transforming American Politics). Westview Press, 1999.
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18
Congress and the Decline of Public Trust (Transforming American Politics). Westview Press, 1999.
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20
Tang Hang, Wu, and Tan Paul. III Trust Arbitration as a Matter of National Law, 15 Singapore: Trust Disputes and Arbitration. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0015.
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This chapter examines the question of the arbitrability of trust disputes in Singapore. In so doing, it discusses various issues which are said to present obstacles to the arbitration of trust disputes, and their applicability and relevance in the Singapore context. These are: whether an arbitration clause in a trust deed is considered to be an agreement to arbitrate; whether arbitrations are impermissible for ousting the courts’ jurisdiction; whether a clause in a trust which purports to be an arbitration agreement can bind the beneficiaries of a trust; whether arbitration can satisfy the requirement for proper representation of unascertained, unborn and legally incompetent beneficiaries; and whether trust disputes are inherently arbitrable. It shows that at least for disputes between beneficiaries and the trustee of a donative trust, there is some uncertainty whether a clause referring matters to arbitration is binding on the beneficiaries.
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Barnes, Tiffany D., and Mark P. Jones. Women’s Representation in Argentine National and Subnational Governments. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190851224.003.0007.
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Tiffany D. Barnes and Mark P. Jones provide an analysis of women’s representation in Argentina. Argentina no longer retains the title of the most successful case of women’s representation in the region. Women’s legislative representation is just over the quota threshold—33%. They point out that the country has had more female presidents than any other Latin American country but lags behind in women’s representation among subnational executives, in national and subnational cabinets, and in party leadership. Gender quotas and electoral rules explain legislative representation, while political factors and informal institutions related to party selection processes for candidate and elected leadership positions are key for executives and parties. The consequences of women’s representation in Argentina have been significant in getting women’s issues represented and increasing men’s and women’s trust in government, and political engagement of women highlights that quotas have had pros and cons for women in Argentina.
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Who Can You Trust?: How Technology Brought Us Together - And Why It Could Drive Us Apart. Penguin Books, Limited, 2017.
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23
Botsman, Rachel. Who Can You Trust?: How Technology Brought Us Together - and Why It Could Drive Us Apart. Penguin Books, Limited, 2018.
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24
Voigt, Rüdiger, ed. Repräsentation. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845294698.
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Representation is one of the controversial concepts in politics and is therefore hotly debated in political science, philosophy, sociology, historiography and constitutional law. The question ‘What is representation, how should it take place and what should it bring about?’ is therefore still relevant. One of the central questions in democracy theory is whether, in a representative democracy, the people from whom a state’s power emanates are represented in such a way that they can identify with the politics of the rulers. The decisive problem of political representation is the question of legitimacy. It is a question of trust as the basis of the legitimacy of politics. It is hard to gain the people’s trust but easy to gamble it away.
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Sarah, Ganz. IV Trust Arbitration as a Matter of International Law, 21 Enforcement of Foreign Arbitral Awards Arising from an Internal Trust Arbitration: Issues Under the New York Convention. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0021.
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The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly referred to as the New York Convention (Convention), makes the enforcement of foreign arbitral awards in Contracting States generally much easier than the enforcement of foreign judgments by, inter alia, imposing a presumptive obligation to enforce arbitral awards subject to only a limited number of grounds on which enforcement may be refused. This chapter looks at the different grounds that allow a domestic court to refuse enforcement under the Convention and analyzes the problems that a party trying to enforce a trust award could potentially face. It begins by examining the scope of the Convention under Article I(3), focusing on whether a trust can be characterised as being ‘commercial in nature’. It then considers the grounds for refusal of enforcement under Article V(1) of the Convention, focusing on issues of invalidity (such as consent and form requirements) and incapacity as well as lack of proper notice and representation. Lastly, the chapter examines whether the doctrines of non-arbitrability and public policy, as applied in the place of enforcement, may render an award unenforceable under Article V(2) of the Convention.
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Monaghan, Nicola. 11. Fraud. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811824.003.0011.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the offence of fraud under the Fraud Act 2006. There are three ways in which fraud may be committed. Section 2 of the Fraud Act 2006 provides for fraud by false representation; s.3 provides for fraud by failing to disclose information; and s.4 provides for fraud by abuse of a position of financial trust. Dishonesty is common to all three of these ways of committing fraud. The defendant must intend, by making the representation, to make a gain for himself or another, or to cause loss to another, or to expose another to a risk of loss.
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Smith, Matthew J., and Julia Reinhard Lupton, eds. Face-to-Face in Shakespearean Drama. Edinburgh University Press, 2019. http://dx.doi.org/10.3366/edinburgh/9781474435680.001.0001.
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This book celebrates the theatrical excitement and philosophical meanings of human interaction in Shakespeare. On stage and in life, the face is always window and mirror, representation and presence. Essays examine the emotional and ethical surplus that appears between faces in the activity and performance of human encounter on stage. By transitioning from face as noun to verb – to face, outface, interface, efface, deface, sur-face – chapters reveal how Shakespeare's plays discover conflict, betrayal and deception as well as love, trust and forgiveness between faces and the bodies that bear them.
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Myers, Victoria. Trial Literature. Edited by David Duff. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780199660896.013.19.
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The increasing visibility of trials in the press, at a time when changes in trial procedures and dispute over political reform occupied national attention, stimulated Romantic-era writers to give trials a prominent place in fictional works. The need for defence against law’s invidious fictions encouraged the incorporation of fictional strategies into trial writings, and into legal proceedings themselves. Scepticism about institutions, allied with a crisis in epistemological trust, encouraged writers like William Godwin to challenge inadequate representation of the accused, reliance on circumstantial evidence, and dominance of judges. Thomas Holcroft, William Hone, and Robert Watt used fictional techniques in their defence writings to recover control over representation of their intentions. Other writers such as Percy Shelley, Walter Scott, and Joanna Baillie, using a historical perspective in their fictions, attempted to avert revolutionary crisis by making trials the focus for training sympathetic discernment and thus promoting gradual reform.
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Sarah, Pugsley, ed. Butterworths forms and precedents.: Agency and representation. Durban: Butterworths, 1996.
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30
Alexander, Mayer-Rieckh, and Duthie Roger. Part IV The Right to Reparation/Guarantees of Non-Recurrence, B Guarantees of Non-Recurrence of Violations, Principle 35 General Principles. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0039.
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Principle 35 deals with guarantees of non-recurrence of human rights violations, along with some general principles and objectives. It outlines ‘institutional reforms and other measures’ as the means of achieving prevention through their contribution to the rule of law, respect for human rights, and public trust in government institutions. It also highlights the importance of adequate representation of women and minority groups as well as broad public consultation in the process. Four ‘objectives’ are listed in Principle 35: the first repeats the notion of the rule of law and the next three refer to specific measures that are among those included in Principles 36–38. This chapter first provides a contextual and historical background on Principle 35 before discussing its theoretical framework and practice. It concludes with a critical assessment of the notion of guarantees of non-recurrence itself.
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Shiffrin, Seana Valentine. Deceptive Advertising and Taking Responsibility for Others. Edited by Anne Barnhill, Mark Budolfson, and Tyler Doggett. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780199372263.013.30.
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This chapter considers how the U.S. law of deceptive advertising embeds within it an extended form of responsibility, making advertisers sometimes responsible for consumers’ mistakes. The chapter justifies this pattern of liability as a division of moral labor that bolsters consumers’ ability to trust the quality of the food supply and the representations made about it. It answers worries about paternalism, arguing that the law is not predicated on distrust of consumers, but facilitates consumer autonomy, permitting consumers to direct their scarce time and energy to projects of their own choosing. The chapter also answers freedom of speech concerns about restricting advertisers’ ability to make factually true representations. It emphasizes that commercial speakers have a special responsibility to ensure accurate uptake by consumers because property law affords commercial producers the ability to exclude consumers and their representatives from verifying speech about speakers’ products for themselves.
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Weller, Patrick. The Prime Ministers' Craft. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199646203.001.0001.
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This book addresses major modern controversies in corporate governance, clarifying the issues at stake and assessing the arguments for corporate reform. The main focus is on governance of the large organizations that employ the majority of workforces in developed economies and which account for most of the finance and refinance of the private sector. Shareholder value and shareholder primacy are now under increasing scrutiny having previously been positioned as natural precepts of governance. The book joins that debate with a critique and also with suggestions for company reform that allow for plurality within jurisdictions: the trust firm, industrial foundations, social enterprises, the ‘benefit corporation’, restricted voting rights, employee representation etc. The book addresses several sets of controversies in corporate governance. Part 1 places the corporate form within the context of legal constitution and governmental regulation. The second set of chapters considers corporate governance systems and their role in innovation and adaptation. The chapters in part 3 discuss labour relations and worker involvement in the governance of companies. Part 4 widens the focus to consider effects external to the firm—on consumer interests and the environment. What these issues point to is that the modern corporation is not only an economic institution but also a cultural and political one, reflecting the firm’s role in civil society The overall theme is that the corporate governance agenda has been on the wrong track and needs to be fundamentally reset.
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Driver, Ciaran, and Grahame Thompson, eds. Corporate Governance in Contention. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198805274.001.0001.
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This book addresses major modern controversies in corporate governance, clarifying the issues at stake and assessing the arguments for corporate reform. The main focus is on governance of the large organizations that employ the majority of workforces in developed economies and which account for most of the finance and refinance of the private sector. Shareholder value and shareholder primacy are now under increasing scrutiny having previously been positioned as natural precepts of governance. The book joins that debate with a critique and also with suggestions for company reform that allow for plurality within jurisdictions: the trust firm, industrial foundations, social enterprises, the ‘benefit corporation’, restricted voting rights, employee representation etc. The book addresses several sets of controversies in corporate governance. Part 1 places the corporate form within the context of legal constitution and governmental regulation. The second set of chapters considers corporate governance systems and their role in innovation and adaptation. The chapters in part 3 discuss labour relations and worker involvement in the governance of companies. Part 4 widens the focus to consider effects external to the firm—on consumer interests and the environment. What these issues point to is that the modern corporation is not only an economic institution but also a cultural and political one, reflecting the firm’s role in civil society The overall theme is that the corporate governance agenda has been on the wrong track and needs to be fundamentally reset.
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Stadter, Philip. Characterization of Individuals in Thucydides’ History. Edited by Sara Forsdyke, Edith Foster, and Ryan Balot. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199340385.013.32.
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Thucydides presents the words and deeds of individuals chiefly in terms of their importance for understanding the war. He characterizes leading actors through their speeches, indications of motivation, authorial comments, and the narrative itself. These techniques allow remarkable nuance, even ambiguity, of interpretation. This chapter examines the representations of Pericles, Nicias, Alcibiades, Brasidas, and Thucydides himself, highlighting the similar and contrasting traits that unite them. In Thucydides’ narrative, Pericles’ pride in Athens, refusal to yield to Sparta, and brilliant oratory lead Athens into the war. Nicias evaluates the expedition to Sicily with Periclean prudence, but his fear of a change in fortune and of the Athenian assembly lead to the expedition’s defeat. Alcibiades shares Pericles’ aristocratic background and strategic imagination, but his self-centeredness and contempt for customs twice cause the Athenians to lose trust. Through delineating these individual characteristics and behaviors, Thucydides clarifies the war's narrative.
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Bove, Vincenzo, Chiara Ruffa, and Andrea Ruggeri. Composing Peace. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198790655.001.0001.
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The book explores how diversity in United Nations’ peace mission composition affects peacekeeping effectiveness. It identifies four key dimensions of composition: Blue Helmets’ field diversity, top mission leadership diversity (between Force Commander and Special Representative of the Secretary General), vertical leadership distance (Leadership-Blue Helmets), and horizontal distance with the local population. Each dimension of diversity of mission is measured as linguistic, geographical, and religious distance. Our book conceptualizes original mechanisms—i. resolve commitment; ii. informative trust; iii. informative communicability; iv. skilled persuasion—through which diversity can shape mission effectiveness such as trust, communicability, deterrence, and persuasion. It then evaluates each dimension separately through three pathway case studies—the UN missions in Lebanon, in Mali, and in the Central African Republic—and quantitative analyses based on a global dataset of peacekeeping operations deployed since the end of the Cold War. The book finds that diversity of Blue Helmets and diversity of top leadership may increase the mission’s capacity to reduce battle-field violence and civilian victimization. At the same time, the effects of diversity are contextual and contingent. In fact, looking at the relation between peacekeepers and Force Commanders, proximity between them is generally associated with better performances. Furthermore, homogeneity between local populations and peacekeepers, or low distance between them, is also related to low levels of hostility and casualties. This book crucially demonstrates why diversity of mission composition is a key variable to consider when trying to enhance peacekeeping effectiveness.
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Taking Stock of Regional Democratic Trends in Latin America and the Caribbean Before and During the COVID-19 Pandemic. International Institute for Democracy and Electoral Assistance (International IDEA), 2020. http://dx.doi.org/10.31752/idea.2020.63.
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This GSoD In Focus Special Brief provides an overview of the state of democracy of Latin America and the Caribbean at the end of 2019, prior to the outbreak of the pandemic, and assesses some of the preliminary impacts that the pandemic has had on democracy in the region in 2020. Key findings include: • Democratically, the region was ailing prior to the pandemic, with some countries suffering from democratic erosion or backsliding, others from democratic fragility and weakness. Overall, trust in democracy had been in steady decline in the decade preceding the pandemic. Citizen discontent has culminated in a protest wave hitting several countries in the region at the end of 2019. • The COVID-19 pandemic has hit a Latin American and Caribbean region plagued by unresolved structural problems of high crime and violence, political fragmentation and polarization, high poverty and inequality, corruption, and weak states. • Long-overdue political and socio-economic reforms have compounded the health and economic crises caused by the pandemic. This, coupled with heavy-handed approaches to curb the virus, risk further entrenching or exacerbating the concerning democratic trends observed in the region prior to the COVID-19 outbreak. • The challenges to democracy Latin America and the Caribbean during the pandemic include: the postponement of elections; excessive use of police force to enforce restrictions implemented to curb the pandemic; use of the military to carry out civil tasks; persistent crime and violence; new dangers for the right to privacy; increases in gender inequality and domestic violence; new risks posed to vulnerable groups; limited access to justice; restrictions on freedom of expression; executive overreach; reduced parliamentary oversight; political polarization and clashes between democratic institutions; new openings for corruption; and a discontented socially mobilized citizenry that rejects traditional forms of political representation. • Despite the challenges, the crisis ultimately provides a historic opportunity to redefine the terms of social contracts across the region, and for governments to think innovatively about how to open up spaces for dialogue and civic participation in order to build more inclusive, sustainable and interconnected societies, as well as more accountable, transparent and efficient democratic systems of government. The review of the state of democracy during the COVID-19 pandemic in 2020 uses qualitative analysis and data of events and trends in the region collected through International IDEA’s Global Monitor of COVID-19’s Impact on Democracy and Human Rights, an initiative co-funded by the European Union.
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Campagna, Norbert, and Rüdiger Voigt, eds. Das Jahrhundert Voltaires. Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://dx.doi.org/10.5771/9783845299877.
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Voltaire is still the most important representative of the Enlightenment in Europe. He was a firm critic of absolutism, feudalism and the Catholic Church. Throughhis extensive correspondence, which consisted of over 20,000 letters, intellectuals were more aware of him than any other writer at that time. His sarcastic humour and irony were feared intellectual weapons in those circles. Especially in times in which trust in reason seems to be vanishing, it is evident that we should analyse the thoughts of this great philosopher of the Enlightenment. To what extent did Voltaire influence the era of Enlightenment? Which of his works were particularly important and widely read, by whom and in which countries? This book is divided into four sections: the Enlightenment in Europe, Discussing Voltaire‘s Thinking, Voltaire in France and England, and Voltaire and Frederick the Great. With contributions by Norbert Campagna, Andreas Heyer, Oliver Hidalgo, Skadi Siiri Krause, Urs Marti-Brander, Volker Reinhardt, Gideon Stiening, Damien Tricoire, Rüdiger Voigt and Laurence Weyer. The editors Norbert Campagna, Professeur-associé at the University of Luxembourg and a senior teacher at the Lycée de Garçons Esch, is the author of numerous books on both the philosophy of law and the state as well as sexual ethics. Rüdiger Voigt, a professor emeritus of administrative science at the University of the German Armed Forces in Munich, is the author and editor of numerous books on state theory and state practice.
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Balkin, Jack M. The Cycles of Constitutional Time. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197530993.001.0001.
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The constitutional system in the United States evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. American politics seem especially fraught today because we are nearing the end of the Republican Party’s long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of constitutional rot. Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But the United States has been through these cycles before, and will get through them again. The country is in a Second Gilded Age, slowly moving toward a Second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can.