Review Article: International Distributive Justice

The literature on global justice contains a number of distinct approaches. This article identifies and reviews recent work in four commonly found in the literature. First there is an examination of the cosmopolitan contention that distributive principles apply globally. This is followed by three responses to the cosmopolitanism, – the nationalist emphasis on special duties to co-nationals, the society of states claim that principles of global distributive justice violate the independence of states and the realist claim that global justice is utopian and that states should advance national interest.     

Review Article: The environmental turn in territorial rights

Recent theories of territorial rights could be characterized by their growing attention to environmental concerns and resource rights (understood as the rights of jurisdiction and/or ownership over natural resources). Here I examine two: Avery Kolers’s theory of ethnogeographical plenitude, and Cara Nine’s theory of legitimate political authority over people and resources. While Kolers is a pioneer in demanding ecological sustainability as a minimum requirement for any viable theory of territorial rights – building a bridge between environmental and political philosophy – Nine highlights a crucial distinction when looking at territorial rights from a global justice perspective, namely that between jurisdictional powers and ownership rights over resources. Daring and innovative at first glance, I claim that both theories present, however, deep ambiguities and retreat from their radical implications which, if taken seriously, would lead to a massive redrawing of current territorial borders.     

Review Article: Isaiah Berlin's Contribution to Modern Political Theory

Three recent studies of Isaiah Berlin's moral and political thought stress the significance of value pluralism for his oeuvre. Whilst this emphasis enables us to dispense with some rather misleading characterizations of Berlin's liberalism, it is less apparent that his political thought can be successfully grounded within moral pluralism. Indeed his liberal beliefs sit rather more awkwardly within this ideological family than is usually assumed. Scholars seeking to revive Berlin's value pluralism in relation to contemporary challenges, such as multiculturalism, have not successfully demonstrated the utility of his thinking in relation to such problems, and have developed their arguments by downplaying the geo-political contexts which shaped his intellectual purposes. Yet his critics have neglected the fertility and range of his thought, aspects of which remain pertinent for those studying political thought in general and liberalism in particular.     

Review Article: Scandinavian Parties in the Internal and External Arena

Party research lived a relatively quiet life during the 1970s and 1980s in the western world, and to some degree also in Scandinavia, although the central role of parties in the Scandinavian democracies made it impossible for political scientists to completely ignore political parties in their research. However, from the end of 1980s, political party research has been revitalized, and the number of publications has increased substantially. The three books reviewed here are part of the upswing during 1997, which, of course, includes other books and publications from that particular year. Why this renewed interest in studying political parties? For a long period after World War II, Scandinavian political parties were characterized as stable mass organizations. In 1973, the established Danish political system suffered an electoral backlash, and the shock waves gave fuel to speculations of party decline in electoral behavior studies. At the same time, similar trends were visible in Finland and Norway. Much later, interest focused on finding the same signs of decline in the internal party arena. The discussion is still alive, and during this process students of political science have gained new knowledge about parties and their organizations in Scandinavia.     

Review Article: Don't Discard State Autonomy: Revisiting the East Asian Experience of Development

Rapid East Asian economic growth was commonly credited to the existence of strong, autonomous developmental states. Subsequently a new 'institutionalist' school of thought emerged which argued that an effective state must be connected to civil society, not autonomous from it, and which reinterpreted East Asian development in these terms. This paper is a critical reappraisal of the institutionalist school. The evidence of state autonomy (seen in relativistic rather than absolute, either-or terms) in East Asia's recent history is too great to be ignored. And since some institutionalists themselves acknowledge autonomy as a necessary foundation for developmentally effective relationships with civil society, we should recognize autonomy as a potentially important element of state capacity. State autonomy remains an important analytical concept that deserves the attention of scholars.     

Review Article: Modus vivendi versus public reason and liberal equality: three approaches to liberal democracy

Liberal democracy constitutes a particularly attractive political model with its emphasis on both popular sovereignty and individual liberty. Recently several new and innovative articulations of the liberal democratic ideal have been presented. This article reviews three of these recent theories and particularly their democratic credentials. The selection includes theories emphasizing modus vivendi, Rawlsian political liberalism and liberal equality. Taken together these theories show different ways to conceptualize democracy within liberal thought. I argue that ultimately all three approaches struggle with articulating a persuasive conception of democracy, but nevertheless these theories show that liberals do think seriously about the role of democracy in their theories.     

The Scandinavian Welfare State: The Institutions of Growth, Governance, and Reform. Review Article

In a review of five recent works on Scandinavian politics and public policy, it is shown that the basis for talking about a Scandinavian model is unfounded. Politics and policies diverge from country to country and within each country from sector to sector as a result of institutional variation. This variation is embedded in institutional history which accounts for strong national path dependency in public policies. However, the institutional set-up at a given point in time also provides political actors with incentives for change. Two of the works reviewed take up this lead as they argue for institutional reform, in one case to protect the welfare state against political erosion, in the other case to facilitate renewed economic growth and improved living standards. The review concludes by arguing for the positive prospects for systematic comparative analysis of Scandinavian politics, providing a mixture of institutional and political similarities combined with theoretically relevant variation.     

宪法第五十三条中守法义务的证成

与宪法规定的其他义务相比,第五十三条中的守法义务是更为基本的义务,但是宪法学界鲜有对守法义务的论证。从法理学进路则可证成此守法义务:首先,任一正常的社会都有正当的社会目标,这确保了社会对法律的要求是正当的;其次,法律与社会之间有基于相互性的责任,当法律回应了既定社会的正当要求时,此社会的任一成员都有回应法律的义务;最后,社会成员不证自明的理性确保了回应的必然性。所以,正常社会中的任一理性公民都有宪法上的守法义务。     

Digital Privacy and Article 12 of the Universal Declaration of Human Rights

This article considers the impact of digital technologies on privacy and, specifically, the issues arising from metadata. It takes the 2016 Investigatory Powers Act as an exemplar and argues, by reference to European case law, that while data arising from new technologies undoubtedly fall within the scope of privacy protections, there are questions as to the level of protection awarded. Questions arise from how the nature and intensity of intrusion is understood against a backdrop of ‘dataveillance’, as well as the underlying issue of whether ex post controls—through oversight mechanisms—are sufficient to safeguard privacy.