Struggles over the rights of foreign domestic workers in Malaysia: the possibilities and limitations of ‘rights talk’

Abstract

The publication of Max Weber's early lecture notes on economic theory as Volume III/1 of the Max Weber Gesamtausgabe (MWG) reveals for the first time how much his teaching in Freiburg and Heidelberg from 1894 to 1898 was influenced by the ‘modern economics’ of Carl Menger and his students, Friedrich von Wieser and Eugen Böhm-Bawerk. This review essay examines the significance of this volume, and also presents a brief history and assessment of the ongoing Gesamtausgabe project.     

Social conflict over property rights: the end,a new beginning,or a continuing debate?

The ownership and control of private land is a core social value in the United States. Public planning can be seen as conflicting with this value. The long-standing tension between private property rights and public planning was heightened in the 1990s with the emergence of the so-called private property rights movement. This movement seeks to limit governmental authority over privately owned land through a multi-level strategy of legal, policy, political, and public relations actions. This paper explores the historical basis for this conflict, the legal framework within which it functions, and contemporary policy battles.

The paper concludes that there may be no final outcome to this debate. Property rights activists are impassioned and believe their view of history and law is correct. I argue that it may be best to see debate about land use and property rights as one of the central vehicles for a continual reframing of core values in the American experience.     

Property rights and competing for the affections of?Demos: the impact of the 1867 Reform Act on stock prices

The 1867 Reform Act in Britain extended the electoral franchise to the skilled but propertyless urban working classes. Using stock market data and exploiting the fact that foreign and domestic equities traded simultaneously on the London market, this paper finds that investors in British firms reacted negatively to the passage of this Act. We suggest that this finding is consistent with investors foreseeing future alterations of property rights arising from the pressure that the large newly enfranchised group would bring to bear on government policy. We also suggest that our findings appear to be more consistent with the Tory political competition explanation for the Act rather than the Whig threat-of-revolution explanation.     

Flat affect? Revisiting emotion in the historiography of human rights

Across the preceding 15 years, the study of the post-1945 human rights project has emerged as one of most rapidly developing fields of transnational and international history. This article surveys the current state of the art of emotionalist historiography in the sphere of human rights and humanitarianism. It identifies the value of histories of eighteenth- and nineteenth-century social movements, which have successfully begun to incorporate emotion into their analyses. The historiography of the deeper humanitarian past may well serve as the road to more nuanced histories of contemporary human rights struggles and means for integrating grand-scale political and intellectual history with the interior sentiment of individuals. Through a brief survey of emotion at various moments of the postwar rights story, the article argues that the study of shifting sentiment can substantially enrich accounts of human rights history, as it already has done in other fields.     

Acts of citizenship as a politics of resistance? Reflections on realizing concrete rights within the Israeli asylum regime

This paper investigates how Eritrean refugees in Israel and civil society organisations who engage with refugee issues contest the exclusionary politics of asylum in Israel. It presents various acts of claims-making initiated by Eritrean refugees themselves or in response to hostility by others, as well as acts inaugurated by Israeli civil society organisations on behalf of or with refugee populations. Drawing on the concept of activist acts of citizenship developed by Engin Isin, the paper subsequently analyses to what degree those acts have redefined aspects of social and political membership for Eritrean refugees in Israel. In a further step, it shows the limitations of such acts in terms of developing a solidaristic refugee-citizen agenda that profoundly challenges hegemonic public discourse and political debate. The paper concludes by arguing that activist acts of citizenship are best studied in relation to the transformative power they may have on the various individuals engaging in them, but not as a strategy for a wider politics of resistance, as ultimately nation state politics continue to determine the actual realisation of concrete rights.     

Challenging the boundaries of democratic inclusion? Young people's attitudes about the distribution of voting rights

In theoretical debates about the quality of democratic rule, the core question concerns membership, and the adequate constitution of the demos: who is entitled to participate in choosing political representatives? This article enhances the predominantly normative debates on democratic inclusion and boundary making by taking an empirical perspective and analysing attitudes of 16–18-year-old teenagers regarding preconditions for the distribution of voting rights. Based on data stemming from 13 focus groups conducted in three Austrian cities in spring 2010, our findings show that principles related to both competence (autonomy, knowledge) and community (showing concern, being subjected to the law) matter when it comes to democratic boundary making. Furthermore, the study reveals that, in trying to explain the formation of juvenile attitudes about boundary issues, institutions are relevant when related to the conjunctive experiences manifested in the group-specific habitus: while young immigrants argue more inclusionarily than natives in terms of community-related preconditions, especially as far as the roles of language and citizenship are concerned, students argue more exclusionarily than apprentices when it comes to competence-related preconditions, especially civic education. Boundary making affects social groups independent of national origin or citizenship and can therefore be considered a permanent process beyond international migration.     

The housing system of the former Soviet Union: Why do the soviets need housing markets?

Abstract

The administrative‐command system that had been in full force in the Soviet Union between 1927 and 1990 had its own logic and internal consistency. It is now common knowledge that this economic system has flaws that led to a deepening secular decline over the past three decades. Because of ideological reasons, and an inadequate economic understanding of the capacity of their system to be liberalized, many reformers sought a third way between central planning and markets. The consensus today is that there is no third way. Among the former Soviet republics, Russia has just embarked on market‐oriented reforms and is facing a difficult and unstable transition because central planning mechanisms have ceased to function, but markets are not yet in place. This transition is particularly problematic for housing, which is a very severely distorted economic sector.

The international evidence on market economies that has accumulated over the past 20 years shows that, when housing sector distortions exist, they are predominantly found on the supply side. In socialist economies, however, housing is part of the compensation provided by enterprises and other employers. As a result housing suffers from demand‐side distortions in addition to the supply‐side problems caused by the absence of land markets, vague property rights, and burdensome urban regulations. The housing sector is already so large and distorted in these highly urban economies that overall economic reforms cannot succeed without housing reforms. In addition to presenting an overview of Soviet housing, this paper provides comparative evidence indicating that, among all the distorted socialist housing systems, Russia's probably is the most impaired. The basic elements of a market‐oriented strategy to improve housing are briefly presented.     

Electoral politics and monetary policy: does the Bank of Canada contribute to a political business cycle?

In this paper I apply the work of Abrams and Iossifov (Public Choice 129:249–262, 2006) to monetary policy in Canada to see if same political party affiliation is needed to produce evidence of political opportunism. After modifying their analysis to maintain the time-series consistency of their variables for Canada, I find that both an error correction model and a Taylor rule reformulation of their test generate evidence consistent with same party political opportunism, but only weakly so. On the other hand, I also find the presence of more traditional indicators of political influence. In particular, the data suggest that the election of a Liberal party government, a decrease in the degree of political competition, and to a lesser extent, the election of a minority government all positively influence the expansiveness of Canadian monetary policy.     

Uprooting the curious grapevine? The transformative potential of reverse standard-setting in the field of human rights

In recent years, the top-down nature of human rights norm-setting has been problematized by scholars and practitioners who — inspired by actor-oriented perspectives on human rights — started to explore the potential role of rights users in the further development of human rights norms at the global level. Based on fieldwork with community-based organizations in Guatemala and the Democratic Republic of the Congo, I argue that the empowering potential of this exercise could be amplified by complementing actor-oriented analyses with a sociostructural analysis of how institutionalized power relations shape the potential for reverse standard-setting. Drawing on new empirical material, I propose a more nuanced way to think about reverse standard-setting and identify four issues that require the combination of an actor-oriented analysis and sociostructural analysis: access, influence, avenues for information sharing, and discursive incompatibilities. In doing so, I seek to increase the analytical rigor, practical relevance, and empowering potential of reverse standard-setting.     

Do human rights offenders oppose human rights resolutions in the United Nations?

We investigate whether countries with poor human rights records oppose human rights resolutions in the United Nations General Assembly. An instrumental account of voting would suggest that these countries aim to weaken resolutions since they could be future targets of these policies. We estimate determinants of voting using 13,000 individual voting decisions from 1980 to 2002. Our results from ordered probit estimation show that a country??s human rights situation is irrelevant to voting behavior if regional dependence of voting is controlled for. The results also show that simple rules for aggregating voting choices can lead to misleading results.     

The Grecian horse: does immigration lead to the deterioration of American institutions?

Concerns about the institutional impact of immigration, particularly in the United States, are not new. We can trace them back to Benjamin Franklin, Thomas Jefferson, and Alexander Hamilton. More recently, in response to a literature that questions the desirability of current immigration restrictions, Borjas (J Econ Lit 53:961–974, 2015) speculates that immigrants coming from countries with poor institutions could reduce substantially the institutional quality in the United States to a point where it could negate all economic gains associated with immigration in terms of GDP and income. Using the Economic Freedom of North America index since 1980, we find no evidence to corroborate Borjas’s concerns. However, we find mixed evidence that immigration increases minimum wages and union density.     

Judicial policy‐making and the evolving rotection of human rights: The European court of human rights in comparative perspective

This contribution is a comparative analysis of three attempts to strengthen the supranational protection of human rights in an increasingly transnational world. It focuses on the Human Rights Committee of the United Nations, the European Court of Human Rights and the Inter‐American Court of Human Rights. The recent decision by the Inter‐American Court on the forced disappearance of individuals by state or para‐state forces illustrates the important role of cross‐pollenisation from the European Court and the United Nations. It further demonstrates how judges on supranational courts attempt to make law in the face of uncertain government compliance.     

Constructions of migrant rights in Canada: is subnational citizenship possible?

Devolutionary trends in immigration and social welfare policy have enabled different levels of government to define membership and confer rights to people residing within the political boundary of a province or municipality in ways that may contradict federal legal status. Drawing upon theories of postnational and deterritorialized citizenship, we examined the legal construction of social rights within federal, provincial, and municipal law in Toronto, Ontario. The study of these different policy arenas focuses on rights related to education, access to safety and police protection, and income assistance. Our analysis suggests that the interplay of intra-governmental laws produces an uneven terrain of social rights for people with precarious status. We argue that while provincial and municipal governments may rhetorically seek to advance the social rights of all people living within their territorial boundaries, program and funding guidelines ensure that national practices of market citizenship and the policing of non-citizen subjects are reproduced at local levels.     

The Rise of the Middle Ground in Northern Ireland: What does it Mean?

Among the many consequences of Brexit for Northern Ireland has been how it has contributed to and coincided with some alteration of the electoral landscape. This includes the rise of the centre ground and, in particular, the Alliance Party of Northern Ireland (APNI). This article focusses specifically on how the Alliance Party, as the largest of Northern Ireland's middle ground parties, has navigated the Brexit period and with what effect. The analysis explores the implications of the growing size and strength of the Alliance Party for Northern Ireland politics, institutions, policies, north-south relations and the constitutional future. It concludes that although the nationalist versus unionist binary remains valid and consequential in Northern Ireland, it is being challenged and tested by the rise of the middle ground in ways which offer both opportunities and challenges for Northern Ireland's future.     

ASEAN and human rights: resisting Western pressure or emulating the West?

Abstract

Observers of Southeast Asian affairs commonly assume that the members of the Association of Southeast Asian Nations (ASEAN) are reluctant to pursue liberal agendas, and that their main concern is to resist pressure from Western powers to improve their human rights practice. This article, however, argues that such a conventional view is too simplistic. The Southeast Asian countries have voluntarily been pursuing liberal agendas, and their main concern here is to be identified as ‘Western’ countries – advanced countries with legitimate international status. They have ‘mimetically’ been adopting the norm of human rights which is championed by the advanced industrialized democracies, with the intention of securing ASEAN's identity as a legitimate institution in the community of modern states. Ultimately, they have been pursuing liberal agendas, for the same reason as cash-strapped developing countries have luxurious national airlines and newly-independent countries institute national flags. Yet it should be noted that the progress of ASEAN's liberal reform has been modest. A conventional strategy for facilitating this reform would be to put more pressure on the members of ASEAN; however, the usefulness of such a strategy is diminishing. The development of an East Asian community, the core component of which is the ASEAN–China concord, makes it difficult for the Western powers to exercise influence over the Southeast Asian countries. Hence, as an alternative strategy, this article proposes that ASEAN's external partners should ‘globalize’ the issue of its liberal reform, by openly assessing its human rights record in global settings, with the aim of boosting the concern of its members for ASEAN's international standing.     

Human rights at the “end of nature”

Nature has been employed as a moral concept across the millennia. Human rights are beholden to nature as a normative standard, as they developed within a tradition of natural law and natural rights. Should contemporary advocates of human rights continue to deploy the standard of nature at a time when both its physical and metaphysical statuses are increasingly challenged? I argue that the life sciences help us understand human rights in terms of the development of prosocial behavior in our species, and in this respect there remains an important role for nature to play in the advance of human rights. Attention to the status of nature in the modern world’s most important document of human rights, the 1948 Universal Declaration of Human Rights, illuminates the challenges associated with linking rights to the standard of nature.     

The Two Republicae of the Roman Stoics: Can a Cosmopolite be a Patriot?

This paper is a response to recent attempts by liberal theorists to reconcile universalist sentiments with forms of particularism. It seeks to explore a number of ethical issues related to nationalism, patriotism and loyalty. As the first systematic expositors of cosmopolitanism, the Stoics are called on to address the question: can patriotism be defended ethically by moral universalists? The Roman Stoic attitude to war and imperial conquest is examined because war and its attendant conflicts of interest expose the tension between particular and universal loyalties and pose the greatest challenge to cosmopolitan principles. It is concluded that the task which 'liberal nationalists' have set themselves is a daunting one because, unlike the Stoics, they cannot rely legitimately upon imperialism and the belief in a universal God in order to smooth over differences and conflicting loyalties. In effect, then, this illumination of the origins of Enlightenment universalism problematises further, rather than resolves, issues of conflicting loyalties.     

How does the context make a translation happen? An activity theory perspective

Context is a critical topic in translation studies. The research into translation context has undergone a shift from the multidisciplinary investigation into one or a few contextual factors to conceptualizing it as contextualization, i.e. a dynamic process of the interactions among the contextual factors. Nevertheless, the mechanism of translation contextualization, namely, the problem of how the interactive factors enable a translator to bring a meaningful target text into being, is yet to be explored. Activity Theory is a cultural-historical framework to analyze social practices. It can provide an account of translation contextualization. In light of the framework, an activity itself is the context of a translator’s decision-making and translation contextualization is no other than the rule-governed actualization process of a translation activity, which is hierarchically realized through chains of actions and operations.     

How does organizational task matter for the reputation of public agencies?

The study of organizational task for understanding how organizations behave and evolve has been one of the classic topics in organization theory and public administration. Reputation scholarship has appeared as a promising perspective to understand internal and external organizational dynamics. Reputation scholars, too, emphasize the critical importance of task. Despite this recognition, the literature is characterized by a lack of theorization, and large-scale comparative analyses on how task characteristics are related to reputational dynamics. This study aims to address these concerns, relying on an extensive longitudinal dataset on the media reputation of 40 agencies in two countries to explain organizations' likelihood of attracting reputational threats (both in general and targeting specific reputational dimensions) through different task characteristics. Our main finding is that as agencies perform tasks of a more coercive and authoritative nature (regulatory tasks and, to a lesser extent, redistributive tasks), they are more likely to attract reputational threats (both in general and to all dimensions).