Enter at your own risk: free movement of EU citizens in practice

The citizenship jurisprudence of the European Court of Justice has raised hopes for a more social Europe and triggered fierce debates about ‘social tourism’. The article analyses how this case law is applied by EU member state administrations and argues that they are actively containing the Court’s influence. As a result, rather than reconciling the logics of ‘opening’ and ‘closure’, they are heading towards an uneasy coexistence between free movement and exclusive welfare states. The argument here is illustrated with empirical evidence from Austria and Germany. Although both countries have taken different approaches to EU migrants’ residency and social rights, they produce similar effects in practice: increasingly, EU migrants are being tolerated as residents with precarious status without access to minimum subsistence benefits. Ironically, attempts to restrict residency rights have resulted in a temporary extension of EU migrants’ access to welfare in some instances.     

Mediating between state and citizens: the significance of the informal politics of third-party representation in the global south

This article argues that we should take more seriously the role of intermediaries in relationships between states and citizens in the global south. More specifically it holds that the practice of mediation, the third party representation of citizens to states and vice versa, is a widespread and important political practice in this context. Largely distinct from the contentious politics and popular mobilisation of social movements, mediation is more a politics of negotiation and bargaining by representatives. Developed as an emergent analysis from multiple case studies, mediation is a broad concept that includes practices that at other times might be described as lobbying, clientelism and coercion, but that we conceptualise in terms of claiming legitimacy to speak for the poor and marginalised, and theorise in terms of a democratic deficit between formal political institutions and these groups. In addition to identifying different kinds of mediators, the article categorises mediation in terms of the orientation and nature of various mediatory practices. Lastly, the article identifies at least three explanations for mediation including the endurance of pre-democratic political relations and practices, new forms of social exclusion in post-colonial democracies and the erosion of state authority brought about by neo-liberal policies and globalisation.     

Becoming citizens in late modernity: a global-national comparison of young people in Japan and the UK

The experiences of young people in developed societies such as Japan and the UK have undergone considerable change in the last 30 or so years. Our starting point is that such developments are associated with the globalization of institutions and an individualization of experience, which destabilizes life-course transitions and cultural transmission between generations. However, we continue to assert the importance of the national framework, defined by national cultures and territorial jurisdictions, in mediating global processes. Adapting Connolly's (2005. Pluralism. Durham, NC: Duke University Press) differentiation between types of politics in late modernity, we argue for a distinction to be made between being citizens and becoming citizens. Being a citizen involves integration into pre-existing collective identities such as nation-states which increasingly act to restrict membership to the citizen community. With this in mind, we compare the key sites of social recognition in Japan and the UK for young people and identify some fundamental barriers to citizenship. In addition, we discuss the ways in which conventional social and educational policy responses aimed at integrating young people into work and nation perpetuate their precarious relationship to citizenship. These processes are contrasted with becoming a citizen, which is dynamic, intimately connected to cultural learning and the creation of new civic virtues and sources of recognition.     

Green citizenship and the political critique of injustice

Over recent decades, normative theories of green citizenship have drawn upon observations that a long-prevalent dualistic understanding of society, as completely subjecting nature, is being displaced by growing political and cultural support for a holistic view of society, as participating in nature. Differences between avowedly liberal and civic-republican interpretations of green citizenship notwithstanding, the normative theories share five key social critiques: (1) the need to challenge nature/culture dualism; (2) to dissolve the division between the public and private spheres; (3) to undermine state-territorialism; (4) to eschew social contractualism and (5) to ground justice in awareness of the finiteness and maldistribution of ecological space (ES). This article offers a sympathetic provocation to normative theories of green citizenship. Adopting a critical realist perspective, it describes the partial and problematic realisation of these critiques in the contemporary types of social and political participation, contents of the rights and duties and institutional arrangements of the ‘stakeholder’ citizenship that has become established within the neoliberal or weak eco-modernising, global competition state. This perspective is important because it offers new insights into the discursive framework that encompasses contemporary debates over justice and injustice. In particular, injustice from within the post-industrial ecostate appears to be a diffuse whole-of-society problem, the by-product of unsustainable development that lacks an identifiable class of perpetrators. This makes the progressive task of enunciating claims that injustice is present in some senses difficult, while conservative ideological positions are simplified.     

The rule of law and citizenship in central India: post-colonial dilemmas

This article argues that the ‘rule of law’ has become a central goal in popular struggles the world over, and it is citizenship struggles which infuse the rule of law with substantive, as against a thin procedural, meaning. This is especially true in post-colonial societies like India, with a tradition of inherited colonial law designed for subject-hood rather than citizenship, growing inequality which affects both the enactment and interpretation of law, and the violation of law by those who are meant to protect it. Demanding implementation of existing laws, breaking laws that are patently unjust whether through armed struggle or non-violent social movements, or seeking to change laws in favour of new and more democratic laws, are all major avenues by means of which people express their aspirations as citizens. However, law's mutually constitutive relation with social practice means that people enter into political and legal negotiations already constituted as certain kinds of legal subjects, which constrains their imagination in certain ways.     

赔偿能力高低与交通肇事罪成立的关系——由最高人民法院司法解释的规定所引出理论上的看法

最高人民法院《关于审理交通肇事刑事案件具体应用法律若干问题的解释》将交通事故责任人有无财产赔偿能力以及赔偿能力的高低作为定罪量刑的因素之一，并不是以钱买罪。恰恰相反，它体现了是刑法谦抑性、宽严相济的刑事政策以及和谐社会的要求，符合当代法律的发展趋势。     

(Un)Worthy: Latina battered immigrants under VAWA and the construction of neoliberal subjects

In the United States recognition as a battered immigrant can lead to legalization and citizenship for abused women when provisions in the Violence Against Women Act (VAWA) are applied. To successfully utilize VAWA towards these ends, however, a battered immigrant woman also receives a lesson in cultural restructuring required of citizenship; VAWA establishes the regulations and standards necessary to remake abused immigrants into neoliberal subjects. This essay examines the experiences of undocumented Latina immigrants within the VAWA legal paradigm and explores the ways in which the process artfully crafts the good neoliberal citizen.     

Domination,global harms,and the problem of silent citizenship: toward a republican theory of global justice

Many citizens across the globe suffer domination and injustice in silence. It is not a silence of apathy or approval, but is another sort of silent citizenship born of deep inequality. This article attempts to come to terms with the global scope of silent citizenship as a form of domination that has become increasingly common among the worst-off in society. I argue that identifying problems of silent citizenship requires us to give priority to injustice over justice in future efforts to promote global justice. To illustrate how this might be done, I broaden the scope of republican theories of nondomination to consider how they might be applied to silent citizenship from a global perspective.     

A feminist challenge to the gendered politics of the public/private divide: on due diligence,domestic violence,and citizenship

This article examines the feminist appropriation of the legal principle of due diligence to politicize acts of violence at the hands of private actors within the private sphere. This move expanded traditional notions of state responsibility for violence against women under international human rights law. Using frame analysis, we focus on the institutionalization of this feminist understanding of due diligence through its discursive incorporation in international human rights policy documents and its mobilization in cases of domestic violence litigated within the UN and the Inter-American and European human rights systems. Through this discursive framing work and its institutionalization, feminists have challenged the gendered politics of the public/private divide to change the terms on which differently positioned women can engage with the state and global governance institutions. We argue that this change can potentially reconfigure women's state-bounded and transnational citizenship. The implications of due diligence as a political and sociological concept require more careful consideration by citizenship and human rights scholars.     

Political Communication and the Unexpected Outcome of the 2002 French Presidential Elections

ABSTRACT

The results of the first round of the 2002 French presidential election were a profound shock. Prime Minister Jospin did not make it to the final round run-off, beaten as he was by the far right candidate Jean-Marie Le Pen who claimed second place. This article argues that use (and misuse) of modern campaigning methods proved decisive to this outcome. Paradoxically, Jospin's overtly professional approach actually hindered him. His flawed strategy failed to target crucial voters, and assorted tactical decisions compounded this error. Nor did the media coverage and distorted public opinion polls help a beleaguered Jospin candidacy. In this election the cautious would be the main beneficiaries.     

Conceptualizing lived religious citizenship: a case-study of Christian and Muslim women in Norway and the United Kingdom

The concept of ‘religious citizenship’ is increasingly being used by scholars, but there are few attempts at defining it. This article argues that rights-based definitions giving primacy to status and rights are too narrow, and that feminist approaches to citizenship foregrounding identity, belonging and participation, as well as an ethic of care, provide a more comprehensive understanding of how religious women understand and experience their own ‘religious citizenship’. Findings from interviews with Christian and Muslim women in Oslo and Leicester suggest a close relationship between religious women's faith and practice (‘lived religion’) and their ‘lived citizenship’. However, gender inequalities and status differences between majority and minority religions produce challenges to rights-based approaches to religious citizenship.     

论法规批准制度

法规批准制度是指有关主体制定的法规范性文件需经特定主体的批准才能生效的法律制度。现行法规批准制度存在批准范围小、批准程序缺少操作性等不足。完善法规批准制度需合理设置批准范围、完善批准程序等,并对经批准的法规性质进行了法理考察。     

公正和效率的两难选择——评刑事诉讼法有关侦查程序的修改

我国侦查活动中公正和效率价值的双重缺失一直受到诟病。“宽严相济”刑事司法政策的确立以及司法体制和工作机制改革决策助推了刑事诉讼法再修改。立足于公正和效率价值的平衡,本次刑事诉讼法修改对有关侦查活动的证据制度、强制措施、辩护程序、讯问程序、侦查措施、侦查行为的监督等进行了完善。但基于我国国情,在人权保障、诉讼构造、侦查构造、侦查程序的科学性、侦查程序自治、侦查程序借鉴等方面．理想与现实之间仍存在一定差距。     

宋代富商家庭的宅院及其“逾制”分析

家庭的宅院布局是考察宋代商人日常生活空间的一个微观视角,园林式宅院,宅外有别业,是富商家庭宅院布局的两种典型形式。住宅"逾制"是宋代富商家庭宅院布局的重要特征,这与宋代追求奢华的社会风气、宋代富商社会地位的提高,以及宋代官府商业政策的转变不无关系。     

江泽民依法治国论

实行依法治国,建设社会主义法治国家,是以江泽民同志为核心的党的第三代领导集体对邓小平民主与法制建设理论的继承与发展,是党领导人民治理国家的基本方略。依法治国,是党的领导、发扬人民民主和严格依法办事的统一,是政治体制改革的重要内容。依法治国是一项巨大的系统工程,从立法、行政、司法和普法教育等方面有大量艰苦的工作要做。加强对权力的监督制约,实行依法治国与以德治国并举是依法行政的重要保障。     

民事诉讼中法院调解结案与判决结案的协调

民事诉讼中法院调解制度在我国有着优良的传统和深厚的历史背景，并因其独特的优势得到了司法工作者的偏爱。然而，现行司法实务中，调解结案的方式已经过分白热化，给判决结案造成了消极影响。如何从诉讼法的角度正确认识调解的社会本质，并在实践中正确把握两者的平衡度，应是司法实践中研究的重点所在。     

Transitional Justice and Its Discontents: Socioeconomic Justice in Bosnia and Herzegovina and the Limits of International Intervention

ABSTRACT

The incorporation of socioeconomic concerns into transitional justice has traditionally, as a result of prevailing liberal notions about dealing with the past, been both conceptually and practically difficult. This article demonstrates and accounts for these difficulties through the case of Bosnia and Herzegovina, a country which has been characterized by a complex transition process and a far-reaching international intervention, encompassing transitional justice and peacebuilding as well as political and economic reforms. Examining the limits of international intervention in Bosnia and the marginalization of socioeconomic justice issues, the article analyses the events surrounding the protests that broke out in February 2014, and the ensuing international engagement with the protest movement. Faced with a broad-based civic movement calling for socioeconomic justice, the international community struggled to understand its claims as justice issues, framing them instead as problems to be tackled through reforms aimed at completing Bosnia’s transition towards a market economy. The operation of peacebuilding and transitional justice within the limits of neoliberal transformation is thus instrumental in explaining how and why socioeconomic justice issues become marginalized, as well as accounting for the expression of popular discontent where justice becomes an object of contestation and external intervention.     

Democratic justice: the priority of politics and the ideal of citizenship

In his Democratic justice and the social contract, Weale presents a distinctive contingent practice-dependent model of ‘democratic justice’ that relies heavily on a condition of just social and political relations among equals. Several issues arise from this account. Under which conditions might such just social and political relations be realised? What ideal of equality is required for ‘democratic justice’? What are its implications for the political ideal of citizenship? This paper focuses on these questions as a way to critically reconsider Weale’s model. After presenting Weale’s procedural constructivism, I distinguish his model from an institutional practice-dependent model, one salient example of which is Rawls’s political constructivism. This distinction allows for a formulation of the social and political equality required for justice in each case. The contingent model assumes that an equality of ‘status’ will generate just social practices, yet it fails to recognise that an equality of ‘role’ is also important to ensure citizens’ compliance. The paper ultimately seeks to show that the contingent model is insufficient to ensure that just social practices will become stable.