Seeing Like a City: The Dialectic of Modern and Premodern Ways of Seeing in Urban Governance

Studies of urban governance, as well as the overlapping literature on law and space, have been heavily influenced by critical analyses of how spatial techniques helped constitute modern disciplinary powers and knowledges. The rise of land‐use control and land‐use planning seem at first sight to be perfect examples of the disciplining of populations through space by the kind of governmental gaze dubbed by Scott (1998) as “seeing like a state.” But a detailed genealogical study that puts the emergence of the notion of “land use” in the broader context of urban governance technologies reveals that modernist techniques of land use planning, such as North American zoning, are more flexible, contradictory, and fragile than critical urbanists assume. Legal tools of premodern origin that target nonquantifiable offensiveness and thus construct an embodied and relational form of urban subjectivity keep reappearing in the present day. When cities attempt to govern conflicts about the use of space through objective rules, these rules often undermine themselves in a dialectical process that results in the return to older notions of offensiveness. This article argues that the dialectical process by which modernist “seeing like a state” techniques give way to older ways of seeing (e.g., the logic of nuisance) plays a central role in the epistemologically hybrid approach to governing space that is here called “seeing like a city.”     

Constructing Legal Order in an Intelligent Society

Legal order originated in a land-centered agricultural society, having now gone through a market-centered industrial society and a network-centered information society. With the rise of the intelligent society, it is transforming into an algorithmcentered legal order of an intelligent society. The “digital” “networking” “intelligent” revolution brought by the intelligent technologies including big data, cloud computing, the Internet, blockchain, and artificial intelligence (AI), has been causing critical challenges to the current legal order, and has generated powerful momentum for construction of fresh legal order featuring scientificness, people centeredness, justice, inclusiveness and co-governance. Construction of such a new jurisprudential legal order to solve this intelligent society’s “governance deficit” is an urgent task. There is a need to set up a new foundation on which an intelligent society can build steady and lasting progress.     

Race, urban governance, and crime control: creating model cities

In the late 1960s and early 1970s, the city of Seattle received federal Department of Housing and Urban Development “Model cities” funds to address issues of racial disenfranchisement in the city. Premised under the “Great Society” ethos, Model cities sought to remedy the strained relationship between local governments and disenfranchised urban communities. Though police-community relations were not initially slated as an area of concern in the city's grant application, residents of the designated “model neighborhood” pressed for the formation of a law and justice task force to address the issue. This article examines the process and outcome of the two law-and-justice projects proposed by residents of the designated “model neighborhood”: the Consumer Protection program and the Community Service Officer project. Drawing on the work of legal geographies scholars, I argue that the failure of each of these efforts to achieve residents' intentions stems from the geographical imagination of urban problems. Like law-and-order projects today, the geographical imagination of the model neighborhood produced a discourse of exceptionality that subjected residents to extraordinary state interventions. The Model cities project thus provides an example of a “history of the present” of mass incarceration in which the geographical imagination of crime helps facilitate the re-creation of a racialized power structure.     

西欧中世纪的城市自治——西方法治传统形成因素的社会学分析

中世纪的自治城市明显地区别于封建体制和教会所建立的社会秩序,它孕育和加强了西方社会的世俗自由权利;并且,逐渐发展出了一套理性的法律体系即城市法,使城市活动和管理行为被一套理性的法律规则调整,为西方法治传统的形成奠定了基础。     

State ‘parenthood’ and vocational orphanages (islâhhanes): Transformation of urbanity and family life

Ottoman urban reform policies not only targeted the rehabilitation and rebuilding of provinces, cities, streets, and squares; they also aspired to refashion the inhabitants of urban spaces. Vocational orphanages (?slâhhanes) of the latter half of the nineteenth century were, in that respect, instrumental in removing minor vagrants, beggars, and street children from urban areas according to redefined borders of urban security and visibility and in reintegrating them into society through training and employment in arts and crafts. As much as this initiative was a significant step on the part of the state to intervene in family life and child-rearing practices, the research also points to the agency of poor parents in demanding and benefiting from state welfare policies.     

Mixed-Use Zoning: The N.Y.C. Experience

New York City's original mixed-use zoning proposal was part of an “infill zoning” program, intended to allow housing development legally in nonresidentially zoned areas where such development was otherwise feasible. “Infill zoning” was an attempt to encourage housing construction in small areas in which inflexible application of the existing zoning with respect to uses, side yards, or whatever else would discourage or even disallow it. For example, along with the provision for residences in manufacturing zones, it provided for construction “infilling” between rowhouses on lots which did not meet existing minimum sue requirements. A booklet issued by the city planning commission stated the objectives of the mixed-use provisions:     

孔子“义利”观与现代法治和谐理念

孔子思想是第一次文化轴心时代人类思想的伟大创造,儒家社会理想的本原是“和谐”。孔子纳“仁”入“礼”,希望通过体现以民为本的社会正义观的“礼法”体系去整合社会,最终实现社会和谐的目标。在孔子的利、义观中,个人之“利”与个人之“义”并不相互冲突。孔子的“义利”观体现了法律的利益调控功能与正义价值的和谐统一,与和谐社会的法治理念有契合性。孔子思想中所体现的“利”与“义”的和谐统一观,对今天以社会和谐为目标的法治建设具有重要的启示作用。     

Digital Economy and Theroetical Expansion of Economic Law

Although the development of the digital economy has not changed the basic principles and theories of economic law, it has impacted its related specific theories. Thus, it is particularly necessary to further develop its space theory, entity theory and behavior theory, since space, entity and behavior are the three key factors affecting its application scope. Furthermore, “space diversification,” “entity online platform” and “behavior informatization” based on the digital economy, have created new regulatory issues and need the above specific developments, based on which the modulation theory, information theory, risk theory and rule of law theory of economic law can then also be further developed. Thus, all these developments combined are conducive to advancing the economic-law’s operation theory, norm theory, as well as the ontological and axiological research. In addition, such developments are conducive to strengthening the convincing power and guiding power of economic law theories for the rule of law construction related to the digital economy, to promoting a new development landscape and a modern economic system, and to realizing Chinese modernization.     

Vastutas tu: Methodology and the New School of Sanskrit Poetics

Recognizing newness is a difficult task in any intellectual history, and different cultures have gauged and evaluated novelty in different ways. In this paper we ponder the status of innovation in the context of the somewhat unusual history of one Sanskrit knowledge system, that of poetics, and try to define what in the methodology, views, style, and self-awareness of Sanskrit literary theorists in the early modern period was new. The paper focuses primarily on one thinker, Jagannātha Pa??itarāja, the most famous and influential author on poetics in the seventeenth century, and his relationship with his important sixteenth-century predecessor, Appayya Dīk?ita. We discuss Jagannātha’s complex system of labeling of ideas as “new” and “old,” the new essay style that he used to chart the evolution of ideas in his tradition, his notion of himself as an independent thinker capable of improving the system created by his predecessors in order to protect its essential assets, and the reasons his critique of Appayya was so harsh. For both scholars what emerges as new is not so much their opinions on particular topics as the new ways in which they position themselves in relation to their system.     

Pre-crime,Post-criminology,and the Captivity of Ultramodern Desire

This article further elaborates on the “pre-crime society” thesis as developed and examined by Arrigo and Sellers. Specifically, the article focuses on the ultramodern era of digital inter-connectivity and argues that productive psychic desire is held clinically captive. Ultra-modernity is populated by cyber-forms of human relating and of economic exchange that nurture hyper-securitization. We discuss how the maintenance of hyper-securitization supports a pre-crime society, and how hyper-securitization’s object of desire consists of sign-optics (i.e., panopticism, synopticism, and banopticism). We argue that the co-constitutive forces (i.e., relational flows and fluctuations) of this desire represent the sign-exchange values of post-criminology. Post-criminology’s signifiers include, among others, “predictive policing”, “crime mapping”, and “actuarial penology.” Post-criminology’s signifieds (re)produce captivity-generating bio-digital “laws” of human relatedness. Among others, these laws sanction the neurosis of de-vitalization and certify the psychosis of finalization. We explain how the unchecked excess neutralizations of de-vitalization and finalization cultivate clinical captivity. Clinical captivity is a social anxiety in which reciprocal consciousness, inter-subjectivity, and mutual power are limited in existence (the reduction of inter-relatedness) or are denied an existence (the repression of inter-relatedness).

     

Land Use Regulation and Residential Segregation: Does Zoning Matter?

Critics of zoning have attributed to it much of the responsibilityfor the persistent and severe patterns of racial and economicsegregation that characterize urban America. Yet, little empiricalevidence has been produced to demonstrate the degree to whichobserved patterns of residential segregation are attributableto zoning. This article explores that question by comparingpatterns of residential segregation in Houston, the nation'sonly unzoned large city, and Dallas, a similar zoned city. Houston'sunique system of "nonzoning" is described. The index of dissimilarityis used to measure segregation by race, tenure, and housingtype, and a variation of the index is developed to measure segregationby income. No significant differences in residential segregationare evident between the two cities. These results suggest that,absent zoning, private voluntary institutions produce nearlyidentical patterns of residential segregation.     

Urbs and Civitas: Stone Order and Civil Order Collapsing in Some Cinematographic Examples

The assimilation of the architectural sign to the linguistic one, is the way that allow us to analyze the architectural element of the city, according to the symbolic and conventional way, but giving to the architectural sign an iconic value that we could read through reconstruction of city in films. It is possible if we consider city as artwork seen according to the definition of Lynch. There is a temporal and special dimension, the urban dimension, which would otherwise not be ‘visible’ to the naked eye or perceivable with hearing. City as an artwork can be read for more reasons, through the cinema in the translation of an architectural semiotics that finds a double correspondence of Urbs and Civitas, in the real building of the city and in its re-construction. In this contest, some Italian movies of Rossellini, De Sica, Antonioni, for example, beyond the traditional interpretations, can give us indications about the moments and ‘points’ of collapse that we can find in ‘signs’ and ‘singular points’. It’s in these points that we found the signs of evolution, breakdown and collapse of relationship between Urbs and Civitas.

     

中华法系的百年历史叙事

回顾中国现代法学的世纪历程,中华法系的历史叙事主要在进化论、民族论和法治论三种语境中展开。不同语境中的法史学者,通过将中华法系与其他法系相比较,揭示出了彼此有别的中华法系之历史面貌。在进化论语境中,中华法系因其古.老而落后,丧失了型构现实生活秩序的生命力,需整体性地予以批判和否定。在民族论语境中,中华法系因其系统性、连续性和民族性而独具特色,整理、发掘、重述其历史谱系,既有助于增强民族文化自信力,也为重建“新中华法系”提供了重要的精神前提。在法治论语境中,中华法系以其“治乱之道”和“良法善治”的血缘伦理身份内涵表明,在前现代社会中法律不可能获得型构社会生活秩序的权威地位。法制现代化是不同语境下中华法系之历史叙事的共同追求,中华法系研究的百年学术史,实质上是一部追求法治文明的中国现代精神史。     

IMMIGRATION AND CRIME IN AN ERA OF TRANSFORMATION: A LONGITUDINAL ANALYSIS OF HOMICIDES IN SAN DIEGO NEIGHBORHOODS, 1980–2000*

Emerging research associated with the “immigration revitalization” perspective suggests that immigration has been labeled inaccurately as a cause of crime in contemporary society. In fact, crime seems to be unexpectedly low in many communities that exhibit high levels of the following classic indicators of social disorganization: residential instability, ethnic heterogeneity, and immigration. But virtually all research conducted to date has been cross-sectional in nature and therefore unable to demonstrate how the relationship between immigration and crime might covary over time. This limitation is significant, especially because current versions of social disorganization theory posit a dynamic relationship between structural factors and crime that unfolds over time. The current study addresses this issue by exploring the effects of immigration on neighborhood-level homicide trends in the city of San Diego, California, using a combination of racially/ethnically disaggregated homicide victim data and community structural indicators collected for three decennial census periods. Consistent with the revitalization thesis, results show that the increased size of the foreign-born population reduces lethal violence over time. Specifically, we find that neighborhoods with a larger share of immigrants have fewer total, non-Latino White, and Latino homicide victims. More broadly, our findings suggest that social disorganization in heavily immigrant cities might be largely a function of economic deprivation rather than forms of “neighborhood” or “system” stability.     

医疗保险干预能否缓解三级医院的“虹吸效应”?——基于某大城市的实证研究

【问题】患者普遍偏好在三级医院就诊,而三级医院对患者的“虹吸效应”直接影响了医疗服务体系的运行效率。差异化报销的医保政策干预成为各地推行“分级诊疗”的普遍手段。虽然三级医院的“虹吸效应”已经得到学界的普遍关注,成为医改领域的热点研究问题,但现有相关研究还主要停留在理论探讨层面。而且,医保政策干预作为分级诊疗推动措施究竟能够发挥多大作用,在实证方面还缺乏足够的文献支持。【方法】文章基于A市的医疗保险数据,使用固定效应等研究方法,对三级医院的“虹吸效应”和医保政策干预效果进行了分析。【发现】三级医院对使用社会医疗保险患者的门诊就医选择有“虹吸效应”,每10万人配备的三级医院数量每增加1家,赴三级医院门诊就医的患者比例就提高5.8%。“虹吸”的主要对象来自二级医院而非一级及以下医疗机构的患者群体。“虹吸效应”存在异质性:无慢性病群体、高收入者、儿童更容易被三级医院“虹吸”。医保政策干预能够缓解“虹吸效应”,且对“小病、常见病”的影响程度更大,可以有效引导把价格敏感的患者向基层医院分流。【贡献】文章从实证上检验了三级医院对需求方的“虹吸效应”及其程度,首次揭示了中国二级医院的“夹心层”困境;通过检验医保政策干预对“虹吸效应”的效果,为医保补偿政策推动分级诊疗提供了新的经验证据。文章对于推动分级诊疗、优化医疗资源配置具有重要的现实意义。     

Where Size Matters: Agglomeration Economies of Illegal Drug Markets in Philadelphia

There is a debate over whether police attention focused on an illegal drug market causes dealers to spatially displace their activities “around the corner” therefore having no positive impact on the aggregate level of illegal drug sales in the city. The alternative perspective is that focused police attention lowers the rate of illegal drug sales in the city. Recent research in Jersey City, New Jersey has demonstrated that focused police attention does not simply move illegal drug dealing around the corner. The present analysis explains why this finding is likely to be common in other cities using the economic theory of “agglomeration economies.” Agglomeration economies illustrate that taking the largest and most profitable site from illegal drug dealers will make dealing in the surrounding neighborhoods less rather than more profitable and lead to a smaller marketplace overall. The empirical analysis focuses on Philadelphia, Pennsylvania.     

New findings on the transfer of computing applications among cities

This paper presents a study of the concepts of transferring computer technology among city governments. A sample of cities from a domestic population and an international population are used as the basis of the research. Contrary to expectation, and for both populations, the survey indicated the level of computer applications transfer among cities was found to be low compared to the amount of total application development. It was determined that an important source of transfer information was from “centers” such as the federal government, vendors, and transfer agencies, rather than city to city. International cities that were studied seem to experience a propensity toward centralized control at the national level. These controls often include the transfer of technical information. Further, the types of transfer may vary widely between the domestic vs the international cities. That is, domestic city transfers tend to be operations-oriented, while transfers from national centers tend to be management oriented. In general the study supported prior conclusions concerning the difficulties of transfer. The problem of mismatch and difficulties in modification make transfers very risky. Even so, there are many persons willing to take the risks in order to try to achieve lower costs and to realize the opportunity to obtain sophisticated applications.     

Crime,Disorder and Decay in Chicago's Latino Community

Abstract

This paper utilizes results of citywide surveys to examine trends in Chicago during the 1990s in the extent of crime, social disorder, and physical decay. These trends depict a tale of three cities, for trends in neighborhood problems differed dramatically for Whites, Blacks, and Latinos. All fared differently, and no group was “average.” By the beginning of the new century, Whites saw some improvement in neighborhood conditions, and Blacks experienced major improvements, but conditions for Latinos actually worsened. Analysis indicates that a combination of language and geographical concentration were among the factors associated with worsening conditions. The paper concludes with the recommendation that the city, the police department, and the community itself redouble their efforts to address the problems facing Latinos in Chicago.     

论中国古典政法传统

古典政法传统是秦汉以来中国政治法律领域形成的一整套相对稳定的意识形态、制度安排和治理实践。"政""法"关系是古代政治家、思想家思考治国问题的重大主题,产生了一系列独具特色的理论认识。广义上的"政""法"关系,表现为政必有法、为政以法、法依政行、政法同构、政法互动。狭义上的"政""法"关系,即"政""刑"关系,表现为政刑一体、政主刑辅、政先刑后、政刑互补。历经长期的演进,古典政法传统形成了多元一体的政法场域、太平盛世的政法理想、统分结合的权力构架、互动互塑的政社关系、综合施治的治理模式、奉法循理的官吏队伍等基本样态。古典政法传统蕴含的民为邦本、天下太平、变法图强、综合为治、防患未然、情理法融合等思想值得今人借鉴。     

Rural urban income gap and critical point of institutional change

By employing an analytical framework based on institutional economics, this paper intends to investigate the rural urban income gap and its critical points for change. The level of rural urban income gap in 1978 broke the institutional equilibrium on which the traditional rural urban relationship relied, leading to overall reform in rural China. In the post-reform period, utilizing their superior influence on policy-making, urban residents have so far succeeded in maintaining urban biased government policies, deterring rural labor from migrating to cities permanently. The urban residents’ major lobbying mechanism is through their “vote” and “voice”, something in which their rural counterparts are lacking. However, farmers have a way to “get around” the urban biased policies which are unfavorable to them. This “voting with their feet” eventually will drive the policy change. When the rural urban income gap increases to the level of 1978, a critical point for institutional change will have been reached. The timing and conditions will be ripe for reform of the whole policy package on which the present rural urban divide has been built.