Melby: the mandate of heaven

Abstract

Until recently young scholars have been content to study China in a vacuum while ignoring the background and the climate in which the whole study of modern China grew up in this country. China was just another dusty attic available for scholarly rummaging. There was data for all. Few stopped to examine the people who were doing the rummaging, by whom they were being educated, and the ends to which their work was put. Even fewer cared to remind their classes, or themselves, that the work being done and the ideas being set forth were largely the products of men who had either survived or missed a purge. With rare exceptions several kinds of “China specialists” survived; the cold warriors who believed in the international communist conspiracy, and those who retreated into a kind of academic senility or liberal limbo land where value-free truth was found equidistant between any two current extremes.     

“And Poland is filed away with Samothrace”: Australian Responses to Poland's June 1956 Crisis

The suppression of Poznan June 1956 workers’ rebellion (Poznanski Czerwiec) by Polish authorities prompted immediate Australia‐wide demonstrations and protests by Polish émigrés who were supported by friends and allies in the Catholic Church and the Australian anti‐communist movement. Nation‐wide demonstrations in Australia and subsequent approaches by émigré Poles and supporters required a disinterested Australian government to develop a position on Poznan June events. Pressure on the Australian government for a response, potentially disruptive to its foreign policies, was applied only by elements within the Australian political scene that posed little threat to its future. Poznan June ‘56's effect on Australia takes place within the particular nature of Australian domestic politics where the June events were used to fan the flames of bitter rivalry within the labour movement by a strident anti‐communist faction seeking to restructure the Australian Labor Party in a manner consistent with its ideological predilections. In taking up the anti‐communist cause of the Polish émigrés, the Australian anti‐communist leadership claimed a moral high‐ground, but lacked sufficient commitment to use their considerable parliamentary advantage to pressure the Australian government to adopt a more muscular position towards Poland's government.     

Sexual Abuse as the Core Transgression of Childhood Innocence: Unintended Consequences for Care Leavers

ABSTRACT

The decision of the Gillard government to establish a royal commission in 2012 was acclaimed by care leavers. However, they were soon disillusioned: it was not the royal commission for which they had long struggled. Its terms of reference were too broad, encompassing a range of institutions never before the subject of official inquiries, yet also too narrowly focused on sexual abuse. Care leavers who suffered other forms of abuse were excluded. This paper argues that, while care leaver advocacy contributed to the decision to establish a royal commission, the agenda was a product of other pressures fuelled by state-based inquiries about cover-ups of sexual abuse of children, particularly by clergy. Sexual abuse could no longer be regarded as a sin to be handled in-house by institutions but a crime for which the state carried superordinate responsibility. The government had to intervene to address society’s “ultimate collective shame”. The Royal Commission into Institutional Responses to Child Sexual Abuse has made a massive contribution to our understanding of child sexual abuse and to reforms in child protection policy and practice. But its mandate created unintended consequences, and questions remain about the unmet needs of care leavers who suffered other forms of abuse.     

Zur Geschäftsordnungsreform des österreichischen Reichsrates vom Dezember 1909

SUMMARY

In 1907, the (Cisleithanian) Austrian House of Representatives considered an electoral reform which was initially supposed to be connected with a comprehensive reform of the rules of procedure (Geschäftsordnungsgesetz); however, difficulties in the course of the negotiations led to the decision to let the House decide its own procedure in future. Subsequently, government bills were introduced repeatedly but remained either unfinished or altogether ignored. Furthermore, motions which were mostly politically motivated and focused only on certain aspects of procedure were put forward by various deputies.

The Austrian parliamentary system suffered from an antiquated procedure, with procedural wrangling and filibustering (Obstruktionen) against government and prime minister as impediments. At the end the eighteenth sitting of the twentieth session (15.12–19.12.1909), devoted mainly to such wrangles, saw a tactical move leading to a provisional procedural reform which was modest in content. The path towards this reform was paved with superficial discussions which were to uncover differences of opinion and breaches of the law; however, even the majority of parties who refused either reform or its development were actually in favour of it because they were after all supporters of a functioning parliamentary system. Reform contained various possibilities for speeding up the formal business routine as well as an ineffective paragraph on servants of the house (Hausknechtsabsatz), which enabled the Speaker to exclude a representative from a sitting.

Superficially, reform was designed to strengthen the Speaker of the House of Representatives but in fact none of the leading parties was really interested in getting rid of procedural obstruction by this means. What was of greater importance to them was to have an opportunity to agitate against the government or the majority in the House. Thus it does not seem surprising that shortly after the reform, obstruction started anew.     

In Matters of war and socialism,Anthony Barnett would shame and honor Kampuchea too much

Abstract

In an article on “Inter-Communist Conflicts and Vietnam” published in the current issue of Marxism Today, Anthony Barnett attempts to put the wars in Southeast Asia into historical and socialist perspective. He begins by stressing the already existing pattern of conflict in the socialist world. He notes in particular, the history of differences between neighboring communist states, the division of Marxist-Leninist movements resulting from the Sino-Soviet split and the sustained efforts of imperialist powers to exploit and to deepen these conflicts. The same conflicts, he argues, now find expression in Southeast Asia. In fact, the recent successful completion of the Vietnamese revolutionary war and the rise of other communist governments in China's hinterland might be promoting a trilateral conflict situation of a type already observed elsewhere. After the second World War, the indigenous, self-sustaining communist revolution in Yugoslavia successfully resisted efforts made by the older, larger communist power, the USSR, to force it to join its Eastern European bloc. Part of the Soviet pressure took the form of aggravating difficult bilateral relations between Yugoslavia and its neighbor Albania. The pattern of aspirations and hostilities in today's Southeast Asia is not, Anthony asserts, appreciably different:     

Legal reform or erasure of history? The politics of moral crimes in Afghanistan

ABSTRACT

In this article we reflect on our efforts to study the prosecution of moral crimes in Afghanistan. In the process of collating information about men and women imprisoned for moral crimes such as adultery, we found evidence that pointed to large-scale incarceration of men for the uncodified crime of elopement. After establishing this fact through a careful review of official data, the article considers two interrelated themes. First, we argue that government attempts to conceal its extralegal practices cannot be reduced to the question of a corrupt bureaucracy or weak governance. Rather, they reflect a fundamental tension between a modern state’s interest in projecting the rule of (codified) law and societal expectations arising from both Islamic and customary law. Second, we suggest that officials seek to address this conceptual tension between the different bodies of law through a complex process involving both accommodation and concealment. In day-to-day judicial practice, ‘assimilation’ refers to attempts to rely on sharia provisions to accommodate customary practices which have no counterpart in statutory law. ‘Dissimulation’ refers to bureaucratic actions aimed at concealing the actual practices which make such extralegal accommodations possible.     

Worse Than a Monolith: Disorganization and Rivalry within Asian Communist Alliances and U.S. Containment Challenges, 1949–69

Abstract

This article makes the counterintuitive argument that in the first two decades of the Cold War the communist alliance in East Asia was easiest for the United States and its allies to contain through coercive diplomacy during the period in which the communist alliance was most cohesive and unified under Soviet leadership (1954–57). With a focus on the Korean War and two Indochina Wars, this article shows how internal problems in the communist alliance significantly complicated the containment of communism. In the formative years of the East Asian communist alliances (1950–53), the alliance’s lack of organization and cohesion made it more difficult for anti-communist forces in the region to deter communist expansion and to control escalation of wars once they started. Between 1958–69, internal rivalry for leadership in the communist alliance made containment of the alliance particularly difficult for the United States and its allies. Until the Chinese and Soviet communists actually turned their guns on each other in early 1969, the Sino-Soviet rivalry for leadership of the international communist movement in the 1960s only served to increase the expansionist fervor of the communist movement as a whole, make peace agreements with anti-communist forces in the region more difficult, and maximize the amount of military assistance local revolutionaries, like Ho Chi Minh, received from both Moscow and Beijing.     

Opium and Empire: McCoy on Heroin in Southeast Asia

Abstract

More and more, as scholars search to understand the history of U.S. intervention in Southeast Asia, they are forced to study the largely submerged operations of crime. The tripartite symbiosis which A. J. Liebling a generation ago described in Chicago—between local government, the Syndicate, and less visible economic interests—operates with the same brutal efficiency in the Far East as well. There too the tightly-knit, ruthless bagmen and enforcers from narcotics and other vice operations become the indigenous local cadres for venal and demoralized regimes, which in turn are fronts for more powerful imperial and economic forces. Al McCoy has written a fascinating and exhaustive analysis of the interpenetration between crime and local government in Southeast Asia. But, as we shall see, he has less to say about U.S. influence behind the scenes, and as to economic interests he is largely silent.     

Party and democracy in nineteenth‐century Britain∗

SUMMARY

In this article, D.R. Clementi gives an account of the period of political instability in the royal government of Norman Sicily after the death of Roger II. The cource, the Liber de regno Sicilie, is a contemporary account written by someone with information from inside the Court who has never been identified, though in the Appendix Dr Clementi has presented circumstantial evidence on this. The main focus of the article is on the role of parliaments in these events, as revealed by the source, using ‘parliaments’ in the original meaning of consultations with the magnates of the realm on matters of major importance, summoned by the ruler, in which decisions might also be referred to the commoners for approbation. They were also a forum in which trials of political opponents could be organised. Circumstances enabled the parliaments to acquire power to influence the choice of ministers, and because it was their right to elect the king, had a significant input of their own.     

Correspondence

Abstract

In the preface to each of the eight volumes under review, the general editors of the series express dissatisfaction with the existing literature on south Korean development because of its preoccupation with macroeconomic factors such as “monetary, fiscal and foreign-exchange magnitudes and. . . the underlying policies affecting these magnitudes.” It is for this reason that they propose to undertake an investigation of the elements underlying the remarkable growth of the Korean economy and the distribution of the fruits of that growth, together with the associated changes in society and government; and... the importance of foreign economic assistance, particularly American assistance, in promoting these changes.     

Sanya: Japan's internal colony

Abstract

You have to get up early to know Tokyo. Take Baba as a case in point. By day, it is an ordinary, slightly run-down park beside the tracks of the city's central commuting loop, halfway between Shinjuku and Ikebukuro stations. Go at dawn and a thousand men populate the park—young men in shirts and sneakers, carpenters in their belling, knicker-like pants, the muscular dokata, construction workers, duffle bags thrown over their shoulders and heavy black cloth shoes on their feet, a handful of men in office suits and leather shoes, old men, hoboes—the park is a different world. At six, the action begins. Vans pull up and encircle the square, the contractors dismount, enter the crowd, and wait as clusters of men gather around them to negotiate the sale of their day's labor. Small eating carts dot the park and along the cement paths second-hand clothes vendors peddle pants and jackets piled on squares of open cloth. The bargaining reaches a climax at seven, when wages are highest, and goes on for another hour as weaker, less aggressive men take what is left. Then, one by one, the vans with their cargoes of workers drive off, the cart-owners lock up, the clothes vendors bundle their goods back into their squares of cloth, and by eight Baba is once more a drab, empty park.     

Ost und West, Nord und Süd: Zur räumlichen Verteilung und theoretischen Erklärung der Gewaltkriminalität in Deutschland

The research reported here follows up on the long-standing discussion concerning the regional distribution of violent crime in Germany. It focuses on assault and robbery rates reported by the official German crime statistics for the years 2005–2007 in each of the 413 communal districts (“Kreise”). The discussions commonly contrast the eastern region (till 1990 the territory of the communist ruled “German Democratic Republic”) with the northern and the southern region of the (now) western part of the “Federal Republic of Germany”. It becomes obvious, however, that crime rates vary much more within than between these regions. More than half of the overall variation can be explained by two composite measures of relative deprivation and the level of urbanization. A number of additional variables have been tested for their explanatory power, including a newly constructed measure of disintegrative individualism. It successfully identifies a specific criminogenic potential associated with certain structural elements of a developing “knowledge society” and the rapid expansion of higher education. Apart from ordinary regression analyses various techniques of spatial data analysis have also been applied.     

Leathernecks in North China, 1945

Abstract

The decisive phase of the Chinese Civil War is said to have begun during the summer of 1946, hardly a year after the Japanese surrender and about six months after General George Marshall went to China to assist the Kuomintang and the communists in negotiating toward a peaceful settlement of their conflict. The failure of the Marshall Mission and the subsequent communist victory is often seen as America’s failure–the failure of liberal democracy to provide an alternative to communism and revolution and the failure of the American war aim–to establish lasting peace and stability in Asia. But even before Marshall’s arrival in China, the united States had actively intervened on behalf of the Kuomintang and undermined possibilities for a negotiated political settlement in China.     

How the Sino-Russian boundary conflict was finally settled

ABSTRACT

A territorial dispute deriving from nineteenth-century treaties imposed on China by an ascendant Russia became an integral element of the falling-out between the two great communist powers, the USSR and the People's Republic of China, in the second half of the twentieth century. That dispute, which came to be concentrated on the issue of the exact boundary alignment within the Amur and Ussuri Rivers, was made more intractable by the ideological estrangement between Moscow and Beijing. The dispute, in turn, fed back to embitter that estrangement. Contradictory interpretations of the nineteenth-century treaties taken by the two sides were compounded by their different approaches to the problem of boundary settlement: Beijing sought settlement on the basis of compromise, but insisted that could be achieved only through full renegotiation. Moscow read into Beijing's approach covert irredentism, refused to negotiate, and exerted military force to impose its own interpretation of the treaties. China resisted, meeting force with force, and in the 1969 clashes on the Ussuri River prevailed, bringing the conflict to the brink of all-out war. In 1986 Moscow broke a protracted deadlock by reversing its approach and agreeing to negotiate. By 2005 the full extent of the Sino-Russian boundary had been agreed and legitimized in new treaties.     

Between parliament und government: the position of the President in the discussion about the new German Constitution (1918–19)

SUMMARY

In this article, Cristiana Scnigaglia analyzes how, when the constitution of the new German republic was being debated at Weimar in 1919, difficulties arose because there had been very little prior debate in Germany about a republican form of government, since the permanence of the monarchical system had been generally assumed. This gave great weight to the writings of Robert Redslob, the only senior academic authority who had discussed at some length the institution of a presidency in a republic. The article goes on to show how leading figures like Max Weber and Hugo Preuss, who were deeply involved in drafting the Weimar constitution, drew on Redslob's ideas in arguing for the solution that was eventually accepted, a State President directly elected by popular vote, who could act as a necessary constitutional balance by setting limits to the otherwise unlimited authority of the legislature and the central government.     

Legitimation of the Lao People’s Revolutionary Party: Socialism,Chintanakan Mai (New Thinking) and Reform

ABSTRACT

To date, scholars of authoritarianism have paid much attention to the use of democratic institutions in dictatorships to mitigate threats from both internal and external ruling elites, to co-opt and divide opposition and to solve commitment problems among the ruling elite. However, there have been no in-depth studies of legitimacy in an authoritarian regime. In communist states, opposition and dissent are addressed not through co-optation but exclusion. By contrast, communist parties attach great value for their survival to obtaining legitimacy from the masses. This article argues that the Lao People’s Revolutionary Party (LPRP) has endeavoured to acquire legitimacy since the foundation of the regime through a dialogical configuration of economic reform and socialist ideology. Economic reform and ideological legitimisation always go together, interacting with each other: economic reform requires ideological modification, and ideology defines the framework of reform. In Laos, this paradoxical configuration is necessary for the LPRP to maintain legitimacy while concurrently pursuing an ideal of socialism and reality of economic reform. In making this argument, this article reassesses the nature and significance of chintanakan mai (new thinking), which was not a formal reform policy, as often assumed, but a temporary slogan for promoting economic reforms.     

Les députès du centre aux origines de la Troisième République française

SUMMARY

In this article Lothar Höbelt compares the political role of the Liberal parties in the Hohenzollern and Habsburg empires after 1867. Both started from a similar position, by granting a retrospective indemnity to their governments for their unconstitutional actions prior to 1866, in the expectation of reinstating constitutional government in which they would have an active role. The article then analyses the reasons why, by 1879 these expectations had been disappointed, but this led to different outcomes in the politics of the two empires. In the Hohenzollern empire, the Liberals eventually split permanently into a party of National Liberals, prepared to cooperate with government, and a progressive wing that tended to be in opposition. In the Habsburg empire, the Liberals remained united in a largely unsuccessful attempt to enforce parliamentary responsibility on the government. It is then shown how this outcome relates to the different ethnic and political structures of the two empires.     

China's new patterns of social stratification

Until 1962 the Chinese communist policies of class conflict had been directed at the remnants of China's precommunist class structure. After 1962 the Maoist oligarchy had to concern itself not only with the continuing influence of the ‘bourgeois ideas’ of the old China, but with new patterns of social stratification which had been created by the communist regime. Despite the efforts of Mao Tse-tung, the party and the government cadres have increasingly become an elite set apart from the population. The purpose of this article will be to briefly examine this phenomenum and its impact on Chinese politics.     

Commission Newsletter: 1995

SUMMARY

In this article, M. Manolova examines the provisions in the Bulgarian Constitution of 1879 which concern the responsibility of government ministers. It is shown how these provisions were unusually explicit in establishing that ministers were both individually and collectively responsible for their actions in government and in insisting that the power to institute proceedings lay exclusively with the parliament. The article compares the Bulgarian provisions with those in similar liberal constitutions of the period and notes the several instances down to 1919 when the provisions were implemented, in order to suggest that the principal of ministerial responsibility had a special importance in Bulgarian constitutional theory and practice.     

K. A. Wittfogel's Marxist studies on China (1926–1939)

Abstract

K. A. Wittfogel is one of the most controversial figures in the field of modern Chinese studies. In the early 1950s he established himself as the leading figure in the academic section of the Cold War. Highlights of his “fight for the Free World” were the publication of “Oriental Despotism” in 1958 and the controversy with Benjamin Schwartz over the “Legend of Maoism” in the opening issue of China Quarterly in 1960. Wittfogel was a renegade, given to apocalyptic battle-cries against real or supposed “communist” studies and theories. He claimed to be the only one in his field who by personal experience knew the communist strategies and tactics and their subversive intentions.