William Hurst,Ruling Before the Law: The Politics of Legal Regimes in China and Indonesia

Journal of Chinese Political Science -     

Collaborative Governance: Integrating Management,Politics, and Law

Scholars have engaged in an ongoing dialogue about the relationships among management, politics, and law in public administration. Collaborative governance presents new challenges to this dynamic. While scholars have made substantial contributions to our understanding of the design and practice of collaborative governance, others suggest that we lack theory for this emerging body of research. Law is often omitted as a variable. Scholarship generally does not explicitly include collaboration as a public value. This article addresses the dialogue on management, politics, and law with regard to collaborative governance. It provides an overview of the current legal framework for collaborative governance in the United States at the federal, state, and local levels of government and identifies gaps. The institutional analysis and development framework provides a body of theory that incorporates rules and law into research design. The article concludes that future research on collaborative governance should incorporate the legal framework as an important variable and collaboration as a public value.     

The Federal Judiciary and Northern School Desegregation: Law, Politics, and Judicial Management

Using a three-tier analysis, this article examines how the interplayof political and legal factors has influenced the developmentof school desegregation policy in Michigan and Ohio. The authorconcludes, among other things, that the district courts, theSixth Circuit Court of Appeals, and the U.S. Supreme Court aresensitive to the influences of politics and legalism, but thatthe responses of the three kinds of federal courts are different.Recognizing a constitutional imperative to eradicate segregation,district courts have emphasized the participation of electedofficials and affected community groups in the remedial process.Because of isolation and low visibility, the Sixth Circuit hastended to pursue a more tenacious policy course than eitherthe district court or the Supreme Court. Meanwhile, the U.S.Supreme Court has generally championed the cause of local officialsby attempting to balance the interest of eliminating segregationwith that of protecting the integrity of state and local decisionmakers.     

Welfare Dualism in Two Scandinavian Welfare States: Public Opinion and Party Politics

Recent research on the legitimacy of the welfare state has pointed to a potential negative impact of immigration. While much of this research has been concerned with a possible weakening of the general support for economic redistribution, this article analyses popular support for the introduction of a two-tier (dualist) welfare system, and focuses on the interplay between public opinion and party competition. It uses survey data from Denmark and Norway: two similar welfare states where elite politics on migration and welfare dualism has been markedly different over the last decade. It finds that the level and structure of popular support for welfare dualism are fairly similar in the two countries, but that attitudes toward dualism have a stronger impact on left–right voting in Denmark where the politics of welfare dualism has been actively advocated by the populist right party and pursued by a right-wing coalition government.     

The Color of Devolution: Race, Federalism, and the Politics of Social Control

In this article, we seek to advance scholarship on the origins and consequences of policy devolution by analyzing state decisions to give local authorities control over welfare policy. The first part of our analysis explores the political forces that systematically influence state decisions to cede policy control to lower-level jurisdictions. In this context, we propose a general Racial Classification Model of how race influences social policy choice. Our findings support this model as well as social control perspectives on welfare provision. Building on these results, we then show how modest but consistent racial effects on policy choices concatenate to produce large disparities in the overall policy regimes that racial groups encounter in the federal system. The empirical findings illuminate the fundamental role that federalism plays in the production of contemporary racial disparities and in the recent turn toward neoliberal and paternalist policies in American poverty governance.     

Ideology,Parties and Social Politics in Europe

This article aims at ‘bringing ideology back in’ for the analysis of party politics and, more specifically, for the discussion of the delicate dyad ‘responsiveness vs. responsibility’. The article starts with an analytical discussion on the concept of ideology and on how to study its adaptation and change. It then reviews the ideological shifts that have characterised welfare state discourse and politics since the 1980s: first, the neoliberal turn and its attack on the old social democratic consensus; then the gradual emergence of a new ideological perspective that is called here liberal neo-welfarism. The main argument is that ideology plays an important role in framing partisan strategies in the delicate and increasingly prominent field of social politics. Ideological change reflects not only exogenous socio-economic transformations but also endogenous and relatively autonomous epistemic dynamics that bridge intellectual and partisan arenas.     

Managerialism, Politics and Legal Bureaucratic Rationality in Immigration Policy

Against claims that public sector reforms have made the functions of managers similar to those in private firms, critics of the managerialist model point to constraints on public sector managers that make their decisions on resource allocation and policy development different from those affecting corporations. Through an examination of policy formulation, program management and decision-making in the Department of Immigration and Ethnic Affairs, this article demonstrates that managerialist program planning, outcome orientation and performance measurement have been introduced, but that this has not precluded an expansion in non-market oriented routine, non-discretionary decision-making involving bureaucratic legal rationality within a legislative and regulatory framework. While some clients have been defined and assessed in terms of economic criteria, they access departmental processing not in terms of market signals, but according to their compliance with the Migration Act and Migration Regulations. Managerialism has not occurred at the expense of classical administrative practices, rather managerialist and legal bureaucratic forms have both grown and influenced political calculations on policy-making.     

The Politics of Social Welfare Reform in Urban China: Social Welfare Preferences and Reform Policies

China’s social welfare reform since the mid-1980s has been characterized as incremental and fragmented in three dimensions—social insurance, privatization, and targeting. This paper attempts to explore the micro-foundation of China’s urban social welfare reform by examining the diverse social welfare preferences and the cleavages among societal groups. It argues that the diversity of the societal groups’ preferences for social welfare has given rise to two lines of cleavage in urban China with respect to social welfare—between state sector and non-state sector employees and between labor market insiders and outsiders. The Chinese authoritarian regime’s political priority—economic growth with social stability—has induced the government to accommodate public social welfare preferences in social welfare policies. Therefore, the three dimensions of Chinese social welfare reform policies since the mid-1980s reflect and respond to the social cleavages derived from societal groups’ different preferences for social welfare.     

Institutionalized Intervention: The ‘Bunker Politics’ of International Aid in Afghanistan

ABSTRACT

Afghanistan has come to be seen as emblematic of the security threats besetting peace and security operations, and in this article we consider the response to such threats via the ‘bunkering’ of international staff. Drawing on an in-depth qualitative survey with aid and peacebuilding officials in Kabul, we illustrate how seemingly mundane risk management procedures have negative consequences for intervening institutions; for the relation between interveners and national actors; and for the purpose of intervention itself. Bunkering, we argue, is deeply political – ‘imprisoning’ staff behind ramparts while generating an illusion of presence and control for ill-conceived modes of international intervention.     

The Theory and Politics of Contemporary Social Movements

Social movements of the 1960s have given rise to new theoretical perspectives such as Resource Mobilization Theory and theories of New Social Movements. Resource Mobilization Theory analyses the dynamics of mobilization: the effective organisation of social movements and their influence on mainstream political institutions. By contrast, New Social Movement theories seek to explain the anti-institutional nature of contemporary movements which are said to pursue radical social transformation through mainly cultural means. In this article, both theoretical approaches are examined but found to be inadequate explanations of the complexities of contemporary movements and their relationship with the political environment.     

The Internal Politics of Parties: The Law of Curvilinear Disparity Revisited

One of the few efforts to link systemic and organizational determinants of party strategies is provided by what John May dubbed the 'law of curvilinear disparity'. According to this law, voters, party activists and leaders have necessarily divergent political ideologies. These systematic differences are attributable to the activists' motivations and the constraints of party competition. This paper argues that the law is empirically valid only under distinctive behavioural, organizational and institutional conditions, which are not specified in its general formulation. Thus, the law is only a special case in a broader theory reconstructing the interaction between constituencies, intra-party politics and party competition. This alternative theory is partially tested with survey data from party activists in the Belgian ecology parties Agalev and Ecolo.     

The Politics of Social Learning: Finance,Institutions, and Pension Reform in the United States and Canada

Because the traditional concept of social learning has faced significant criticism in recent years, more analytical work is required to back the claim that the lessons drawn from existing institutional legacies can truly impact policy outcomes. Grounded in the historical institutionalist literature, this article formulates an amended concept of social learning through the analysis of the relationship between finance, social learning, and institutional legacies in the 1990s debate over the reform of earnings‐related pension schemes in the United States and Canada. The article shows how social learning related to specific ideological assumptions and policy legacies in the public and the private sectors has affected policymaking processes. At the theoretical level, this contribution stresses the political construction of learning processes, which is distinct from the technocratic model featured in the traditional literature on social learning. This article also distinguishes between high‐ and low‐profile social learning while emphasizing the impact of private policy legacies on learning processes.     

Government Communications,Political Trust and Compliant Social Behaviour: The Politics of Covid-19 in Britain

It is commonly said that the lockdowns and social distancing necessary to control coronavirus pandemics will only work if the general population trusts its government, believes the information it provides, and has confidence in its policies. This article traces the British government’s record in providing information about its policies and performance, and compares this with the public’s use of the mainstream news media. It then considers how these two sources of information affected trust in government and public compliance with social distancing and lockdown rules. Lastly, it compares Covid-19 with Brexit and draws conclusions about how beliefs and behaviour are formed when individuals are personally faced with a serious threat.     

《社会保险法》与和谐社会建设

一、《社会保险法》的立法要点 《社会保险法》是新中国建立以来的首部社会保障法律,填补了我国社会保障领域立法的空白。《社会保险法》关于“使公民共享发展成果”的立法宗旨,在整部法律中得到了充分体现。