Abstracts
| Date | 01 March 1994 |
| DOI | 10.1177/096466399400300109 |
| Published date | 01 March 1994 |
| Subject Matter | Articles |
ABSTRACTS
JONATHAN
SIMON,
In
the
Place
of the
Parent:
Risk
Management
and
the
Government
of
Campus
Ltfe
A
generation
after
the
era
of student
unrest,
the
question
of
how
to
govern
campus
life
is
once
again
on
the
agenda.
A
new
wave
of
regulation
is
underway,
spurred
by
the
threat
of
tort
liability
and
changing
social
attitudes
toward
alcohol,
drug
use
and
sex.
To
some,
this
burst
of
activity
recalls
the
era
off
loco
parentis,
when
colleges
and
universities
were
held
to
stand
in
the
place
of
the
parent
toward
students;
a
closer
analysis
of
how
campus
life
has
been
governed
over
the
last
three
centuries
suggests
that
something
quite
new
is
at
work.
The
latest
wave
of
regulatory
moves
suggests
not
the
claim
of
moral
pedagogy,
but
an
imperative
to
manage
the
risks
generated
by
campus
social
life.
This
represents
change
in
the
programmatic
vision
of
government,
the
political
rationalities
that
they
draw
on
and
the
technologies
of
government
that
are
required
to
make
them
effective.
Risk
management
is
becoming
an
important
force
in
many
other
institutional
settings
as
well.
Its
application
to
the
problem
of
governing
campus
social
life
is
a
useful
window
into
the
broader
crisis
of
government
that
has
affected
institutional
legitimacy
in
late
or
postmodern
societies.
SusAN
STERETT,
’Entitled
to
Have
a
Hearing’:
Due
Process
in
the
1890s
Theories
of
rights
and
their
deployment
in
organizations
and
public
debate
address
the
question
of
whether
rights
strategies
end
up
individuating
complaints,
divorcing
complaints
from
a
more
politicized
and
collective
claim.
This
has
been
a
particular
concern
with
regard
to
procedural
claims.
I
argue
that
the
language
of
due
process
was
common
across
an
array
of
political
issues
in
the
1890s,
deployed
for
highly
conservative
purposes
with
regard
to
railroad
regulation
and
used
critically
both
in
the
courts
and
in
political
debate
concerning
immigration
for
Chinese
and
the
anti-lynching
movement.
The
deployment
of
due
process
was
not
separate
from
an
analysis
of
the
very
general
failings
of
the
political
system.
Its
very
conservativeness
was
part
of
what
made
it
available
for
critical
purposes.
ERIC
A.
FELDMAN,
Legal
Transplants,
Organ
Transplants:
The Japanese
Experience
Why
is
it
that
brain
death
remains
controversial
in
Japan?
Three
explanations
can
be
isolated.
One
highlights
the
legacy
of
Japan’s
only
heart
transplant,
the
1968
Wada
case,
and
the
way
in
which
it
has
become
a
symbol
of
public
mistrust
of
the
medical
profession.
Another
centers
on
Japanese
culture,
particularly
the
tension
between
traditional
Japanese
views
of
death
and
the
body
and
the
mechanistic
orientation
of
high-technology
medicine.
The
third
focuses
on
the
need
for,
but
current
lack
of,
broad
public
consensus
in
Japan
before
a
policy
can
be
adopted.
While
each
explanation
contains
some
truth,
this
article
contends
that
all
three
share
a
common
element:
the
incorporation
of
arguments
that
rely
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