司法能动性何以实现?——以最高人民法院司法解释为分析基础

司法过程中法官在法律适用中的自由裁量权体现了司法能动性.我国主要是由最高人民法院发布大量抽象性司法解释的方式来指引法官在个案审理中的法律适用,这种司法能动性的行使方式在理论界和实务界引发了一定的争议.我们应当客观地看待我国最高法院的司法解释权,而在未来的发展中,我国应当在纯化现有司法解释体制和审级制度改革的基础上,辅以判例,并逐步扩大法官在个案审理中的法律解释权.     

‘A Pioneer in the Struggle for Social Justice’: Manuel Larraín and Transnational Catholic Activism in Latin America in the 1950s and 1960s

This article explores the development of inter-American Catholicism during the 1950s and 1960s. It analyses the role of the Chilean Catholic bishop Manuel Larraín (1900–1966) in his efforts to disseminate his diagnosis of underdevelopment in Latin America and to establish links with the Catholic world in the United States. Based on a review of his writings, the American press and documentation from Catholic organisations, it is suggested that the Chilean bishop advocated the implementation of social reforms and American collaboration to prevent the advance of communism and strengthen Catholicism on the continent.     

Hedge Funds, the Deutsche Börse Affair and Predatory Anglo-American Capitalism

Boardroom trouble at Deutsche Börse, the company that operates Germany's main stock market, has recently provoked an important debate about competing capitalist models. Werner Seifert, Deutsche Börse's ousted Chief Executive, was eager to portray himself as the innocent victim of aggressive Anglo-American investors who had bought into his company but failed to understand its traditional operating ethos. In this, he was ably supported by key figures within the ruling Social Democratic Party, who, in order to shore up the party's core support, had increasingly come to blame overseas hedge funds for the development of German corporate governance models which prioritised profits over jobs. I review the SPD's structural reading of the Deutsche Börse affair, whilst comparing it to an alternative interest-based reading. The latter allows me to focus more closely on the issue which, more than any other, led to Seifert's downfall: his refusal to bow to the expressed interests of his own shareholders by pressing ahead, against their wishes, with a hostile bid for the London Stock Exchange. Seifert's eventual removal foreclosed the possibility of an integrated London-Frankfurt stock market and, somewhat ironically given the SPD's response to the affair, as a consequence it also prevented the entry of London's highly capitalised institutional investors into the German market for corporate control. The actions of Deutsche Börse's overseas shareholders might still be seen as evidence of a predatory Anglo-American capitalism. However, their successful removal of Werner Seifert may well have been responsible for temporarily keeping other financial predators at bay.     

Differences in the executive council of the American federation of Labor

The 1936–1937 General Motors sit-down strike may be the most famous work stoppage in American history. The victory in Flint so heartened workers that a veritable “sit-down fever” wave spread across America. But are labor scholars guilty of unintentionally spreading a Whiggish view of history? Just 7 weeks after the victory in Flint, Hershey Chocolate workers sat down. Within 7 days they were forcibly ejected from the factory and beaten by a mob. This article takes a look at the events in Hershey with an eye toward raising questions about the overall efficacy of sit-down strikes. Although it by no means wishes to diminish the heroism or the usefulness of the Flint sit-down, it argues that a balanced look at the past requires a deeper look into the strikes that failed. The question is of the utmost importance for the contemporary labor movement, as some activists have called for a revival of sit-down militancy as a tactic for organized labor to reverse decades of decline. This may not be wise strategy, as past sit-down strikes are too narrowly filtered through the triumphant lens of Flint.     

The European Court of Justice and its political impact

This article reviews recent advances in the study of the European Court of Justice (ECJ) and its political impact at the European and member state levels. New quantitative as well as qualitative analyses show with great empirical precision that member state preferences guide the Court. The article summarises these findings, but argues that greater attention needs to be given to the (over-)constitutionalisation of EU law in order to fully capture the political impact of ECJ jurisprudence. Even if European judges are less activist than is often assumed and individual decisions are more restrained in the face of member state opposition, incrementally, case law evolves in a highly expansive fashion. And, exercising caution regarding unrealistic expectations about quasi-deterministic judicial law-making, it is found that the Court’s constitutionalised jurisprudence impacts heavily on European and member state policy-making.     

From boomerangs to minefields and catapults: dynamics of trans-local resistance to land-grabs

This paper explores the political processes that activists engaged in contesting land grabbing have triggered to connect claims across borders and to international institutions, regimes and processes. Through a review of cases of land-grab resistance that have led to project cancelation or suspension, I argue that contextual elements of the land grab and shifting geopolitics highlight the need for adaptation and refinement of models of transnational advocacy, historically structured in North–South patterns. For example, while some elements of the boomerang pattern of transnational advocacy are still relevant, changing realities call for new empirically enriched models. To this end, I outline two typologies of political contention that can help us conceptualize multi-scalar interactions between activists to demonstrate the impact of local resistances at larger scales – ‘the catapult effect’ and the ‘minefield effect’. This paper contributes to calls for further theorization to understand how feedback processes between international discourses, meso-politics and conflicts and resistance at local sites of production impact the implementation of contested land deals.     

Choosing to be political: some reflections on youth activism in the US

This article explores youth activism in the US, not through the lens of collective action, but as the product of personal choices. By drawing on existentialism, and particularly on the work of Jean-Paul Sartre, this article proposes to shift the focus of the debate from youths’ collective action to the self – a conscious self that observes, perceives and makes sense of the surrounding world through personal experience. It is this conscious self that decides how, and whether, to intervene against the ‘wrong’ that the self experiences. In this perspective, it is not only the acts (of citizenship) that matter, but the conscious process through which the self chooses to become political. Such an understanding will ultimately help uncover not only how the undocumented act and how to conceptualise their acts but also how they perceive and experience their current status and who they want to become.     

Silenced narratives of women’s participation in labour and political struggle in Spain, 1960–1975

ABSTRACT

This article studies women’s participation in the struggle against the dictatorship in Spain (from 1960 to 1975). Drawing on life stories of women activists from el Marco de Jerez, it examines their repertoires of actions, their frames, and the lack of recognition from both academic and political spheres. A Gramscian approach and the perspective of hegemonic masculinity contribute to explain how women organized, how represented their collective action, and why their memories have been silenced. The theoretical approach has helped to identify relations of hegemony within feminist studies and political movement.     

Shaping the online fat acceptance movement: talking about body image and beauty standards

Over the past decade, in Canada and the United States, blogs have become a popular and important space for fat women and their allies to create and further develop discursive strategies to contest the gendered anti-fat discourses perpetuated by the media, governments and the field of medicine and institutions of public health (e.g., Elliot, C. (2007). Journal of Canadian Studies, 41, 134–149. Gimlin, D. (2002). Body work: Beauty and self-image in American culture. Berkeley: University of California Press; Herdon, A. M. (2006). Social Semiotics, 15, 127–141. Rice, C. (2007). Women's Studies International Forum, 30, 158–174. Currently, popular discourses pertaining to fat people, particularly women, tend to range from larger bodies implicating a ‘moral deficit’ to a ‘risky behaviour’ to ‘political discrimination’ where elements from each discourse shape how fat women's bodies are read within the broader culture (Fikkan, J. L., & Rothblum, E. D. (2011). Sex Roles, 66, 575–592. Kwan, S. (2009). Sociological Inquiry, 79, 25–50. These messages in positioning the thin body as the ideal body are embedded in neoliberal discourses around citizenship that, in emphasizing personal responsibility, encourage (sometimes) punishing regimens of strict diets and exercise, and perpetuate an image of responsible citizenship as an extension of modern interpretations (Herdon, 2006). Using content and thematic analysis, we systematically analyze how four female self-identified fat acceptance (FA) bloggers discuss beauty standards and body image as a means to challenge these discourses. Findings suggest bloggers import elements from LBGTQ movements to extend dominant discursive strategies, model alternative forms of fat embodiment, and address the economic marginalization of fat women in industry. Moreover, through discussions on beauty and body image, bloggers use online spaces to contest anti-fat discourses and to develop discursive strategies that move beyond the binary of fat as a lifestyle choice, and body size as biologically or genetically determined that dominate the fat acceptance movement.     

Facebook: An Emerging Arena for Politics of Self-Determination in northern Cyprus?

ABSTRACT

The present article aims to expand scholarship on the political role of social media by focusing on the case of Facebook and the self-determination claims of Turkish Cypriots vis-à-vis Turkey. Drawing upon a virtual ethnography of relevant Facebook sites and groups, this article scrutinises whether social media offer an innovative public platform for the politics of self-determination or on-line claims are in reality formed and negotiated in the same manner as the offline ones. The article concludes that Turkish Cypriots’ Facebook activism may very well be for strengthening their community, shielding their distinct characteristics from mainland Turkey and raising their self-esteem, rather than indicating demands for complete autonomy in the traditional political sense of the word and/or statehood.