Seeing Like an Orientalist State: The Three Deaths of Neda Agha-Soltan

On June 20, 2009 one image became a symbol of violence, as well as a rallying cry for a movement that contested the disputed election of hardline Iranian President Mahmoud Ahmadinejad. The image captured the murder of a 26 year old protester named Neda Agha-Soltan, and showed a first-hand account, in bloody detail, of the savagery of state killing. With the help of social media, the video received mass attention from news organizations in the United States by June 22, 2009. Cursory analysis of the New York Times and The Washington Post, representation of Neda’s death, reveals an Iranian government that was unafraid to violently repress a democratic movement. It is my contention here that such a construction was framed by an Orientalist discourse which helped to fabricate three distinct deaths of this murdered protester. First the lasting images of death became a symbol of freedom; Neda’s second death showed a grievable life, one that provided an emotional space for a US audience; and finally her third death which became a means of defining and (re)stabilizing Orientalized perceptions of Iran as violent and barbaric. Ultimately, these three deaths became an instrument that would help justify the call for US intervention on behalf of Western morality and humanitarian aid.     

From Planning to Prototypes: New Ways of Seeing Like a State

All states have pursued what James C. Scott characterised as modernist projects of legibility and simplification: maps, censuses, national economic plans and related legislative programs. Many, including Scott, have pointed out blindspots embedded in these tools. As such criticism persists, however, the synoptic style of law and development has changed. Governments, NGOs and international agencies now aspire to draw upon immense repositories of digital data. Modes of analysis too have changed. No longer is legibility a precondition for action. Law‐ and policy‐making are being informed by business development methods that prefer prototypes over plans. States and international institutions continue to plan, but also seek insight from the release of minimally viable policy mock‐ups. Familiar critiques of law and development work, and arguments for its reform, have limited purchase on these practices, Scott's included. Effective critical intervention in this field today requires careful attention to be paid to these emergent patterns of practice.     

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.”     

‘Accountable Independence’ of the European Central Bank: Seeing the Logics of Transparency

The European Central Bank (ECB) emerged from the financial crisis not only as the institutional ‘winner’ but also as the most central—and powerful—supranational institution of our times. This article challenges the so‐called ‘accountable independence’ of the ECB across the range of tasks it carries out. Citizens ‘see’ the ECB today especially for its role in promoting austerity and its involvement as part of the troika and otherwise in the economic decision making of troubled Member States. Far from ECB monetary policy heralding a ‘new democratic model’, the ECB today suffers from a clear deficit in democracy. In between the grandiose concept of ECB ‘independence’ and the more performative ECB ‘accountability’ lies ‘transparency’. Across the range of ECB practices there is a need to take the related concepts of ‘transparency’ and of (democratic) ‘accountability’ more seriously, both in conceptual terms and in their relationship to one another.     

The ‘Criminalization’ of Social Security Law: Towards a Punitive Welfare State?

The aim of this article is to place certain recent legislative reforms in the field of social security within the context of the overall development of the welfare state, and examine to what extent a certain trend is discernable: namely, whether eligibility for various welfare benefits is becoming so contingent on socially acceptable behaviour as to make the welfare system less a means for the relief of poverty, its ostensible sole purpose, and more akin to an instrument of education, even punishment, for those who have recourse to social security benefits.     

Toward a Feminist State: What Does ‘Effective’ Prosecution of Domestic Violence Mean?

This article examines domestic violence criminal prosecutions and addresses what 'effective' prosecutorial action means in such cases. The argument elaborates on a point recently articulated by the UN Special Rapporteur on Violence against Women, which links effective prosecution of violence against women to the creation of a less patriarchal society. The article concludes that 'effective' prosecution of domestic violence means prosecution which constitutes the State as less patriarchal ceteris paribus .     

Enhancement technologies and the person: an Islamic view

The availability of newer choices in contemporary bioethics, especially enhancement technologies, poses a challenge for Muslim patients and their care providers in making appropriate decisions. How should they reconcile personal autonomy with ethical guidelines of Islamic Shariah (jurisprudence)? This article discusses such concerns.     

Tilting at Windmills? Truth and Illusion in ‘The Political Constitution’

This article examines the constitutional scholarship of John Griffith. Centring on Griffith's seminal article 'The Political Constitution', the analysis reveals a more complex and pessimistic thinker than the standard image of Benthamite radical would allow. The article then examines the cogency of Griffith's vision – particularly his thesis that rights discourse 'corrupts' law and politics – against recent developments. It concludes by reflecting on Griffith's radical debunking style.     

The Compatibility Dialectic: Mediating the Legitimate Coexistence of Islamic Law and State Law

Islamic Law is not now and cannot be the state law of any state, whether Muslims are the majority or minority of the population. This view does not dispute the religious authority of Islamic Law for Muslims, which exists only outside the framework of the state. Still, some principles of Islamic Law should be relevant to the public discourse, provided the argument is made in terms of what the author calls 'civic reason' and not simply by assertions of religious conviction. While the two are different types of normative systems, each based on its own sources of authority and legitimacy, there are possibilities of compatibility and mutual influence between Islamic Law and state law as complementary normative systems, without requiring either to conform to the nature and role of the other. This lecture examines the requirements, scope and dynamics of this dialectic relationship, whether Muslims are majority or minority.     

To Behave Like a Liar: Nonverbal Cues to Deception in an Asian Sample

The detection of deception is an essential yet challenging component of investigative interviewing. Behavioural cues to deception in particular, have long been used in investigative interviewing contexts to determine decisions of suspect veracity and deceit. Nevertheless, deception research amongst non-American or European populations has yet to fully explore the effectiveness of such non-verbal observations. This study may be the first to examine truth-lie behaviours involving South-East Asian participants. In this study conducted in Singapore, 68 participants completed either a mock criminal task or a non-criminal task, before encountering an investigative interviewing scenario in which they had to lie or tell the truth to the interviewer. The results showed that liars displayed significantly more head movements and less hand/finger movements, as well as reported more feelings of guilt, than truth-tellers. Implications for investigator training and criminal investigative procedures are discussed.     

This is What a Police State Looks Like: Sousveillance, Direct Action and the Anti-corporate Globalization Movement

Activists across the globe have increasingly incorporated digital communication technologies into their repertoire of direct action tactics to challenge state and corporate power. Examining the anti-corporate globalization protests at the September 2009 Group of Twenty (G-20) meetings in Pittsburgh, this paper explores how activists used sousveillance and counter-surveillance as direct action tactics to make excessive force by police more visible to the public. Collaborative endeavors such as the G-20 Resistance Project, the Tin Can Comms Collective and independent media centers provided activists with the necessary tactical and strategic communication networks to coordinate direct actions during the G-20 protests. Through the use of surveillance technologies widely available to the public such as video cameras, cell phones and the internet, activists created an environment of permanent visibility in which the behaviors of police were subjected to public scrutiny. The images captured by anti-globalization activists raises a salient question: Is this what a police state looks like?     

‘A Monstrous and Unjustifiable Infringement’?: Political Expression and the Broadcasting Ban on Advocacy Advertising

This paper considers the legality of the broadcasting prohibition on 'advocacy advertising'– the use of advertising space to communicate social, political and moral arguments to a wider public – in the light of the growing jurisprudence on the freedom of political expression. The prohibition is currently found in the Broadcasting Act 1990, and the Government has proposed its reiteration in the forthcoming Communications Bill to fall within the regulatory ambit of OFCOM. The paper begins by introducing and illustrating advocacy advertising and the restrictions upon it. It proceeds to review the relevant jurisprudence on political expression, to analyse the familiar arguments in favour of retention of the prohibition, and to weigh the counter-arguments. The paper concludes that the purported justifications sit ill against existing legal rulings, and evidence a poor understanding of the critical sophistication of the public as a broadcasting audience. It suggests that a continuation of the prohibition would be unlawful.     

The Power of an Hour: Effects of Candidate Time Expenditure in State Legislative Elections

Using survey data from more than 500 legislative candidates in 17 states during the 2008 election, I examine whether state house candidates who devote more time to their campaign win a larger share of the major‐party vote. Consistent with previous work studying campaign spending in state legislative elections, I find a positive and significant association between campaign time and vote percentage for challengers—but not incumbents—in incumbent‐contested elections.     

Totemism of the Modern State: On Hans Kelsen’s Attempt to Unmask Legal and Political Fictions and Contain Political Theology

This paper argues that the writings of Hans Kelsen deserve more attention from those engaged in the debate on secularization and political theology. His lifelong struggle with various forms of legal‐political metaphysics is an identifiable thread in many of his writings. Kelsen’s concern with the theological‐political issues found in the theory of the state (Staatslehre) is far from being marginal. Kelsen claims that his theory aims at resolving the traditional dualism of law and state prevailing in the Staatslehre and contributes  to an “uncompromising destruction of one of the most effective ideologies of legitimacy.” Kelsen maintains that the contents of this “ideology of legitimacy” derive from both political metaphysics and the deep‐seated ancient ways of thinking on nature and society. In order to illustrate this thesis, I propose calling this phenomenon “totemism of the modern state.”     

Muslim Mandarins in Chinese Courts: Dispute Resolution,Islamic Law,and the Secular State in Northwest China

Many sociolegal studies have investigated the relationship between state law and informal law, examining alternative dispute resolution and popular justice as intersections between such types of law. However, such questions have received little attention in East Asian authoritarian states. I use the case of dispute resolution among Chinese Muslim minorities (the Hui) to reexamine the relationship between state law and Islamic law. Based on nineteen months of fieldwork in Northwest China, I argue that the Hui case shows codependence between the types of law. Law is deeply embedded in social relationships between the Hui and the party‐state. An analysis of personalistic relationships shows the ways in which religious and secular authorities access each other, transforming each other's law to augment their own legitimacy, but not without the potential for violence. The China case illuminates dynamics between Muslim communities and states that are prevalent elsewhere in the post‐9/11 period.