Money,Mortgages, and the Conquest of America

In colonial America, land acquired new liquidity when it became liable for debts. Though English property law maintained a firm distinction between land and chattel for centuries, in the American colonies, the boundary between the categories of real and personal property began to disintegrate. There, the novelty of easy foreclosure and consequent easy alienation of land made it possible for colonists to obtain credit, using land as a security. However, scholars have neglected the first instances in which a newly unconstrained practice of mortgage foreclosure appeared—the transactions through which colonists acquired land from indigenous people in the first place. In this article, I explore these early transactions for land, which took place across fundamental differences between colonists’ and native communities’ conceptions of money, land, and exchange itself. I describe how difference and dependence propelled the growth of the early American contact economy to make land into real estate, or the fungible commodity on the speculative market that it remains today.     

Contesting Legality in Authoritarian Contexts: Food Safety,Rule of Law and China's Networked Public Sphere

Since the introduction of the Internet, China's networked public sphere has become a critical site in which various actors compete to shape public opinion and promote or forestall legal and political change. This paper examines how members of an online public, the Tianya Forum, conceptualized and discussed law in relation to a specific event, the 2008 Sanlu milk scandal. Whereas previous studies suggest the Chinese state effectively controls citizens' legal consciousness via propaganda, this analysis shows that the construction of legality by the Tianya public was not a top‐down process, but a complex negotiation involving multiple parties. The Chinese state had to compete with lawyers and outspoken media to frame and interpret the scandal for the Tianya public and it was not always successful in doing so. Data show further how the online public framed the food safety incident as indicative of fundamental problems rooted in China's political regime and critiqued the state's instrumental use of law.     

Reflexivity,participatory art,and the failures of monist representation

ABSTRACT

This essay engages in a dual-disciplinary theorizing of reflexivity as response to crises of democratic representation. We trace this crises through the parallel lenses of democratic theory and art history. As political theorists explore alternative representations of ‘the people,’ contemporary artists have developed their own responses to the crisis of monist representation. In both state institutions and in participatory art – and in the theorizing of both – we find the rejection of monist representations of ‘the people’ and the embracement of pluralist, partial, and proximate representations. These public reflexive spaces give voice to new, partial publics, and call attention to past and present exclusions.     

List of Contributors

Events in eastern Europe have changed the forms of British assistance to other parliaments. Instead of taking advantage of the links of the Commonwealth, the British government now uses the Know How Fund to give non‐partisan assistance to legislatures in the former eastern bloc, and funds the Westminster Foundation for Democracy to help parliamentarians from other countries and to advise political parties. British political parties determine a proportion of the Foundation's activities. Aid to legislatures is part of a general policy for promoting democracy, an important aspect of bilateral assistance and an element in the reorientation of Britain towards Europe. British efforts in this field have been overshadowed by better funded competitors from other countries. But they have nevertheless helped to develop fresh conceptions of ‘political aid’.     

Limits of regulatory responsiveness: Democratic credentials of responsive regulation

Responsiveness and accountability constitute the process of democratic representation, reinforcing each other. Responsiveness asks elected representatives to adopt policies ex ante preferred by citizens, while accountability consists of the people's ex post sanctioning of the representatives based on policy outcomes. However, the regulatory literature tends to interpret responsiveness narrowly between a regulator and regulatees: the regulator is responsive to regulatees’ compliance without considering broader public needs and preferences. Democratic regulatory responsiveness requires that the regulator should be responsive to the people, not just regulatees. We address this theoretical gap by pointing out the perils of regulatory capture and advancing John Braithwaite's idea of tripartism as a remedy. We draw out two conditions of democratic regulatory responsiveness from Philip Selznick – comprehensiveness and proactiveness. We then propose overlapping networked responsiveness based on indirect reciprocity among various stakeholders. This mechanism is the key to connecting regulatory responsiveness with accountability.