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Comparative trust scholarship has long recognised that ‘ownership’ is an unstable comparator across civilian and common law systems, yet it has not supplied an affirmative replacement independent of any one tradition’s doctrinal vocabulary. This article proposes a three-axis framework — control, administration and benefit — as an alternative unit of comparison. The axes distinguish functional capacities without first deciding who holds ownership or title. The legal vesting of title is then considered separately as part of each system’s doctrinal implementation of that allocation. The framework is applied to the civilian bewind in its South African, Dutch and Belgian forms, to the Quebec and French fiducies and to the common law trust. The bewind is used not as an analogy or a normative model, but as a diagnostic contrast: its allocation of control and administration to the administrator, while locating benefit with the beneficiary, exposes the different combination of legal title, control and administration in the common law trustee. On this account, the trustee’s indemnity-backed lien, priority disputes and related insolvency and third-party liability problems are reconstituted as consequences of a structural allocation rather than as isolated doctrinal anomalies. The article situates structural contrast within the functional tradition and alongside the formants and transplant approaches. Its claim is methodological rather than reformist: structural allocation, not ownership, is the proper unit of comparison.
This chapter explores Aurangzeb’s princely career between his birth in 1618 and his accession to the Mughal throne in 1658. In it, close attention is paid to the decades-long efforts by Prince Aurangzeb to position himself for a successful bid to become the next Mughal emperor. This chapter examines the slow growth of Aurangzeb’s personal household, his networks of support, his efforts to gain military and administrative experience, his attempts to raise money for himself, and his campaign to build his own public image. This chapter draws heavily on his personal letters, a source that has been infrequently used by other historians because it comprises two massive volumes and is in highly stylized Persian.
The final two weeks of ‘Alamgir’s life is the focus of this chapter. It highlights various themes and characters (some important, others minor) to illustrate daily life at court at the end of his long reign while reflecting back on ‘Alamgir, his reign, and the Mughal Empire. There are sections devoted to the relationship between ‘Alamgir and his three surviving sons, the tensions between his sons and grandsons, the impoverishment of the Mughal nobility, biographies of some of his favorite nobles and last surviving wife (Udaipuri Mahal), conversion to Islam, and the ill-fated Mughal struggle against the Marathas. Other sections highlight ‘Alamgir’s physical and mental frailties, his extraordinary work ethic, his attentiveness to intelligence gathering, and the deep sense of personal failure and self-recrimination at the end of his life. Together these stories offer insights on ‘Alamgir, the court, and the empire on the cusp of a new era that everyone feared might be even less settled than the one drawing to a close.
This chapter is devoted to the imperial eunuchate and begins by looking at the place of eunuchs in the life of the empire prior to 1658. This is followed by an examination of the rising presence of eunuchs in Aurangzeb’s princely household and the central role eunuch loyalists played in helping ‘Alamgir consolidate his power post-1658. Despite ‘Alamgir’s concerns about the existence and trafficking of eunuchs, he also appreciated the strength and usefulness of the imperial eunuchate, and contributed to its growing power. This chapter also evaluates Khidmatgar Khan III, the most powerful eunuch in Mughal history and the head of the imperial eunuchate from the early 1690s to his death in 1704. Such power did not come without resistance from uncastrated men who were jealous of the eunuchate’s wealth and power. This included ‘Alamgir himself, who, despite heavy dependence on imperial eunuchs, tried to maintain some checks on them, even if these weakened toward the end of his life.
This chapter uses the twin rubrics of “state” and “sovereignty” to understand many of the most important or controversial aspects of ‘Alamgir’s forty-nine-year reign. What emerges is a portrait of a ruler who was, by turns, determined to restore law and order, protect social hierarchies, coopt or crush anyone who opposed his efforts, replenish the imperial treasury, and strengthen Mughal rule. Although ‘Alamgir mostly positioned himself as a typical Mughal emperor in terms of his sovereign self-expression, his style of renunciate sovereignty (at once Timurid and Islamic) radiated into the court and empire in distinctive ways. Ultimately, his decision to invade the Deccan in the early 1680s proved to be his and the Mughal Empire’s undoing. Against a backdrop of political and military failure, ‘Alamgir nonetheless held on to his throne. This chapter ends by arguing that his emergence as a living saint–emperor (Zinda Pir ‘Alamgir) was a key factor in his political survival.
This chapter begins by introducing administration – the action of issuing and adhering to binding and impersonal instructions – as the exercise of internal authority attributed by the treaty-basis of international organizations to the principle executive officer, their delegates and regulating governance organ. Second, the legal principles of administration are identified, namely: (1) Administrative authority is unilateral, but may not be arbitrary; (2) Internal law must be adhered to, but may be amended; and (3) Structural terms of employment cannot be suppressed. Third, two attendant legal duties of administration are considered, as follows: (1) Administration must be diligent; and (2) Administration must ensure safety. Fourth, the relevance of practice to administration is considered. Fifth, and in conclusion, this employment law of administration at international organizations is restated.
The succinct definition of a graphosphere as a “space of visible words” risks appearing somewhat static. All visible words are by definition constituents of a graphosphere, but not all analyses of such words automatically reflect a “graphospheric approach” to their study. A graphospheric approach implies an interest not just in words that happen to be parts of spaces (as all visible words must be), but also in the dynamics of relations between the two, both synchronically and diachronically. In the context of the present discussion of bureaucratic graphospheres, this essay explores the relational dynamics in the micro-context of words and spaces on a page: specifically, with reference to the emergence, in Russian imperial administration, of that quintessentially bureaucratic instrument, the printed blank form.
This contribution offers an overview of electoral practice in the Russian Empire up to 1917. The voting procedure that became standard from the 1770s onwards did not involve written ballots. But there was still an extensive graphosphere of electoral documentation, petitions, and protests. By attending to these written traces, we can observe how a pre-modern tradition of voting as community obligation evolved in the late imperial era to incorporate elements of citizenship and representation.
This article reviews Roger Cotterrell’s landmark paper, ‘Trusting in Law: Legal and Moral Concepts of Trust’. That paper identified a shift from a moral conception of trusteeship based on the notion of a settlor reposing personal trust in a trustee, to an amoral systems-based conception of trusteeship, in which personal entrustment is largely absent. This article examines contractualised trusts, containing widely drawn exemption clauses, which commonly underpin commercial arrangements. It identifies two developments which have the potential to limit the amorality of the contractualised trust. The first is a reaffirmation of the existence of a non-excludable core of fiduciary obligations. The other is an enhanced understanding of the trustee’s accountability, owed to the court as well as to the beneficiaries, for the due administration of the trust. The developments demonstrate that equity has the resources to overcome contractual overreach in trusts law.
During the past few decades, higher-education and research systems have been experiencing profound waves of reformed governance and organization resulting in a stronger emphasis on hierarchy, more well-defined boundaries between universities as organizational actors and their environments, more rigorous performance measurements at the organization level and a changed political control. Administration has been centralized and relations between academic and administrative staff have been transformed. Changes in university governance are sometimes described as a shift from collegiality to enterprise management. However, in previous studies we have found that this development could rather be described as a remixed governance. Universities are subject to mixed modes of governance related to the many tasks and missions they are expected to fulfil. Mixed modes of governance also stem from reforms based on widely held ideals of governance and organization. Much previous research has analysed the changing roles and influence of faculty and leadership that follow on these reforms. The diverse modes of governance also imply diverse roles for administration. Furthermore, with mixed modes of governance, the roles of administrators and their relations with academic faculty may vary depending on issues and situations. Based on observations of the governance mix of universities, in this article I ask: administration for what, how and by whom?
With the increase in number and complexity of procedures performed in the Non-OR space accounting for about 30% of the anesthetics and on a course to reach 50% in the next decade, there is an increased need of regulating and standardizing care in this space. Scheduling, staffing, and administration of such procedures adds to the challenges faced by anesthesia clinicians and departments. While each procedural area posses a different set of challenges and particularities, regulatory organizations have provided guidance, regulations, and standards of care for preoperative evaluation, intraoperative management and recovery in order to assure patient safety.
Successful completion of industry-sponsored clinical trials requires effective collaboration between sponsors and clinical research sites recruiting patients. As pharmaceutical companies specialize in more therapy areas, complexity and volume of clinical trials increases, with study sites facing growing operational and logistical challenges. These may be administrative, financial, technological, or workforce-related and can prevent sites from meeting trial obligations, inhibiting long-term site sustainability. Here we outline a suggested framework (with metrics) designed to address three key pillars: site infrastructure, workforce, and the establishment of a ‘trial funnel’ to maintain sufficient trial volume. We review key site-level challenges and barriers to success in clinical trial conduct and argue that issues could be mitigated by sponsors investing programmatically in their site partnerships, including investing in research-naïve sites. Long-term programmatic planning and investment has the potential to deliver greater efficiency and sustainability in trial delivery; site investment upfront would increase working capital for the site, maximizing commitment and security on both sides. This, however, requires safeguarding through the implementation of targets and metrics of success. Many of the challenges faced in modern clinical research can be mitigated by new and longer-term thinking, concerning the working relationship and methods adopted between sponsors and research sites.
Scholars of Chinese history are well acquainted with the use of convict labor in constructing infrastructure, serving in armies, erecting monuments, and aiding in the establishment of settlements in newly acquired territories. This chapter explores the role of convict labor in local government. I argue that convict laborers were integrated as essential aides to officials. While they were exploited as both objects and instruments to sustain the political economy, convicts simultaneously occupied crucial roles in operating the governmental apparatus and administering the populace. The local administrative space functioned as an open prison. Despite the brutality inherent in the exploitation of convict labor, the unearthed administrative documents masked the grim reality, projecting a veneer of civilized order onto this group. Legal statutes and administrative records granted bureaucrats and scribe–functionaries the authority to control convicts; paradoxically, these same documents also subjected the bureaucrats and scribe–functionaries to scrutiny. Failure to meet expected job performance standards could result in criminalization, turning these officials into convicts themselves.
This chapter explores the parallel efforts of the CCP and the KWP to train loyal party cadres. This was a critical taks for both parties. It shows how Sino-North Korean friendship was a powerful tool for training the emotions of the party bureaucracy.
The New Somatomorphic Matrix-Male (NSM-M; Talbot et al., 2019) is a pictorial bi-dimensional figure rating scale for men. The scale presents a matrix of 34 computer-rendered frontal-view male bodies, each with a unique graded combination of body fat and muscularity. It is used to assess how men perceive their body (actual body) and identify the body that they would like to have (ideal body). The difference (discrepancy) between a man’s selected actual and ideal bodies can be used as an index of body dissatisfaction. The NSM-M can be administered online or in-person to men and is free to use. This chapter first discusses the development of the NSM-M and then provides evidence of its psychometrics. Test-retest reliability, convergent validity, concurrent validity, and discriminant validity support the use of the NSM-M. The entire matrix is included within the chapter. Logistics of use, such as permissions, copyright, and contact information, are provided for readers.
The 10-item Beliefs About Penis Size Scale (BAPS; Veale et al., 2014) measures boys’ and men’s beliefs about masculinity and shame related to their penis size. Penis size is a primary appearance concern of men, and these concerns may result in penile dysmorphic disorder, which is a form of body dysmorphic disorder specifically focused on being preoccupied with and distressed by one’s penis size. The BAPS can be administered online or in-person to adolescents and adults and is free to use. This chapter discusses the development of the BAPS and provides evidence of its psychometrics. Findings suggest that the BAPS is a unidimensional measure. Internal consistency reliability as well as convergent, concurrent, and discriminant validity support the use of the BAPS with boys and men. This chapter provides the BAPS items in their entirety, instructions for administering the BAPS to participants, item response scale, and scoring procedure. Logistics of use, such as permissions, copyright, and contact information, are provided for readers.
The Photographic Figure Rating Scale (PFRS; Swami et al., 2008) is a figural rating scale developed to assess body dissatisfaction (actual-ideal body size discrepancy) and consists of 10 photographic images of real women varying in body mass index from emaciated to “obese”. The PFRS can be administered online or in-person to women and is free to use for non-commercial purposes. This chapter discusses the development of the original PFRS, before providing evidence of its psychometric properties. Specifically, scores on the PFRS have been found to have adequate test-retest reliability and good patterns of convergent and criterion-related validity. Next, this chapter provides the PFRS images, as well as full instructions for administration to participants, the suggested questions, and the scoring procedure. Known translations are described and logistics of use are provided for readers.
The Breast Size Rating Scale (BSRS; Swami et al., 2015) is a figural rating scale developed to assess breast size dissatisfaction (actual-ideal breast size discrepancy), theorised to be a facet of negative body image. The BSRS consists of 14 computer-generated images of women varying in breast size alone. The BSRS can be administered online or in-person to women and is free to use for non-commercial purposes. This chapter discusses the development of the BSRS, before providing evidence of its psychometric properties. Specifically, scores on the BSRS have adequate test-retest reliability and good patterns of convergent, criterion-related, and incremental validity. Next, this chapter provides the BSRS in full and instructions for administering the BSRS to participants, the suggested questions, and the scoring procedure. Known translations are described and logistics of use are provided for readers.
The 9-item Body Image Life Disengagement Questionnaire (BILD-Q; Atkinson & Diedrichs, 2021) assesses behavioral avoidance of important life activities due to body image and appearance concerns. Encompassing life domains beyond physical and mental health (e.g., participation in education and sport, socializing, seeking healthcare, self-assertion), the BILD-Q contributes to understanding the broader consequences of negative body image on individual development and future contribution to society. The BILD-Q can be administered online or in-person to adolescents and adults and is free to use. Women and men complete the same 28 items. This chapter first discusses the development of the BILD-Q and then provides evidence of its psychometrics. Exploratory and confirmatory factor analyses have shown the BILD-Q to have a unidimensional factor structure. Its gender invariance has been upheld among early adolescents. Internal consistency reliability, test-retest reliability, convergent validity, and incremental validity support the use of the BILD-Q. This chapter provides the BILD-Q items in their entirety, instructions for administration and scoring, and the item response scale. Links to available translations are included. Logistics of use, such as permissions, copyright, and citation information, are also provided for readers.
The 15-item Body Image Self-Consciousness (BISC) Scale (Wiederman, 2000) is a widely used contemporary measure of the extent individuals are self-conscious of their own bodily appearance during physical intimacy with a partner. The BISC Scale can be administered online or in-person to adolescents and adults with and without partnered sexual experience, and to those with male or female sexual partners. The BISC Scale is free to use in any setting. First, this chapter discusses the development of the BISC Scale and provides evidence of its psychometrics properties. Specifically, the BISC Scale has been found to have a single-factor structure within exploratory and confirmatory factor analyses and is invariant across male and female genders. Internal consistency reliability, test-retest reliability, convergent validity, discriminant validity, and incremental validity support the use of the BISC Scale. Next, this chapter provides BISC Scale items in their entirety, instructions for administering the BISC Scale, the item response scale, and the scoring procedure. Logistics of use, including permissions, copyright, and contact information, are provided for readers. A Polish translation of the BISC Scale is provided and a modified version of the BISC Scale for use with men specifically is described (M-BISC; McDonough et al., 2008).