Forensic Science for Cambodian Justice

¹Cambodia is universally associated with its killing fields– a horrific inheritance from the Khmer Rouge era. Whilstmass grave evidence from that era is referred to in historyand social science publications on Cambodia, it has not featuredin a legal context to date. The establishment of the ExtraordinaryChambers in the Courts of Cambodia (ECCC) creates an opportunityfor a review of this evidence 30 years after the events. Thosealleged to be accountable for Cambodia's killing fields arefinally being brought to justice. The question is whether thiswill occur with or without forensic science evidence from themass graves. This article explores the reasons for using forensicscience in the Cambodian context and outlines its potentialfor legal proceedings. Drawing on relevant literature in theforensic and legal areas, the article provides a brief outlineof the legal context created by the ECCC and examines variousprojects that have recorded evidence relating to the mass graves.Employing an analysis of semistructured, in-depth interviewswith forensic and legal experts as well as representatives fromthe ECCC and the Documentation Center of Cambodia (DC-Cam),the article explores the value of forensic science for the ECCC,including its impact on humanitarian issues in Cambodia.     

Local Policy Determinants in a Centrist System

The study deals with determinants of local policy outputs inIsrael's centrist system. It compares the effects on local expenditurepolicy of political and socio-economic variables, as well asthe roles of tax revenue and central aid. Tax is analysed asan intervening variable between socio-economic factors and localpolicy, rather than as a policy output (the traditional conception);our findings indicate that tax is indeed an intervening variable.Government aid is also seen as an intervening factor which affectsvaritions in local policy outputs. Data indicate a two-stageprocess in which socio-economic factors affect the tax leveland government aid—which, in turn, affect policy outputs.The casual ordering of these findings is estimated through pathanalysis. ^*Special thanks are due to Mr. Uri On and Mr. Pinchas Kahanahfor their invaluable help in producing this paper and to Ms.Nechama Schpack for her help with processing the data.     

Argentina's National Commission on the Disappearance of Persons: Contributions to Transitional Justice

¹This article examines the contributions to transitional justicemade by the National Commission on the Disappearance of Persons(CONADEP) in Argentina; a commission established in December1983 by then constitutional president, Raúl Alfonsín,to investigate the fate of the disappeared. In particular, thearticle analyzes how CONADEP's inquiry simultaneously servedthe functions of creating a new public truth about the crimes– which were based on secrecy, the destruction of evidenceand concealment by the state – and of collecting essentiallegal evidence necessary for the prosecution of perpetrators.Finally, it explains the success of the inquiry, which was aresult of the combined efforts of Alfonsín's democraticadministration and the Argentinian human rights movement.     

“E” the People: Do U.S. Municipal Government Web Sites Support Public Involvement?

To what extent do local government Web sites support practical, meaningful public involvement? Fifteen years after the adoption and diffusion of the World Wide Web, the answer to this question remains cloudy and controversial. The promise—and peril—of Web‐based public involvement, known as e‐democracy, has been widely debated. Much of the debate has focused on theoretical abstractions or extrapolations of current political or technological trends. Empirical studies have been limited to reports on pilot projects, case studies, or special population surveys. This paper contributes to our empirical understanding of the question. It reports results of a recent comprehensive survey of official government Web sites in the principal cities of the 100 largest U.S. metropolitan areas. In particular, it examines whether and how U.S. city government Web sites facilitate users’ involvement in local public issues.     

Nanny Bloomberg

In his twelve-year tenure, now ex-Mayor Bloomberg came to be called Nanny Bloomberg for having introduced an unprecedented number of rules and regulations in the area of public health, to which citizens were then subjected. He operated in many different areas, as he would say, for our own good. The question is: did it ever help and at what price? And: Cui bono?     

Subsidized housing and neighborhood racial transition: An empirical investigation

Abstract

Popular wisdom has it that the development of project‐based assisted housing will cause whites to flee or avoid the surrounding neighborhood, leading to rapid racial transition. This article examines the question of whether the development of several types of project‐based, federally assisted housing had an impact on neighborhood racial transition during the 1980s. In general, the development of assisted housing in a neighborhood did not lead to racial transition, nor did it approach levels suggesting “white flight” in the few instances where racial transition did occur.

The results of our analysis suggest that one of the major criticisms of project‐based assisted housing—that it contributes to racial segregation by causing white flight—is not supported by empirical evidence.     

Transitional Justice and Peacebuilding after Mass Violence

¹Since the end of the Cold War, the international communityhas become increasingly involved in peacebuilding and transitionaljustice after mass violence. This article uses lessons frompractical experience and theories of peacebuilding and transitionaljustice to develop a model of transformative justice that supportssustainable peacebuilding. This model is holistic and transdisciplinaryand proposes a focus on civil society participation in the designand implementation of transitional justice mechanisms. It requiresus to rethink our focus on ‘transition’ as an interimprocess that links the past and the future, and to shift itto ‘transformation,’ which implies long-term, sustainableprocesses embedded in society and adoption of psychosocial,political and economic, as well as legal, perspectives on justice.It also involves identifying, understanding and including, whereappropriate, the various cultural approaches to justice thatcoexist with the dominant western worldview and practice. Asyncretic approach to reconciling restorative and retributivejustice is proposed as a contribution to developing transformativejustice and sustainable peacebuilding. The development of thistransformative justice model is informed by field research conductedin Cambodia, Rwanda, East Timor and Sierra Leone on the viewsand experiences of conflict participants in relation to transitionaljustice and peacebuilding.     

Can Decentralization Limit Government Growth? A Test of the Leviathan Hypothesis for the Indian Federation

Decentralization in India has only recently gained momentum,particularly with the 73^rd and 74^th amendments in 1992, whichextended constitutional recognition to local governments. Againstthis backdrop, this article examines the Leviathan hypothesisput forth by Brennan and Buchanan for the Indian economy. Thehypothesis asserts that total government intrusion into theeconomy should be smaller when taxes and expenditure are decentralized.A caveat to the Leviathan hypothesis is the Collusion hypothesis,which suggests that the disciplining impact of decentralizationcan be nullified if revenue decentralization does not keep pacewith expenditure decentralization and if there is an increasein dependence on intergovernmental grants. Empirical testingfor the Indian federation vindicates both hypotheses, thus suggestingthat a two-pronged strategy is required if government growthis to be checked. More effort must be made to strengthen localbodies. This must be accompanied by a close look at intergovernmentaltransfers and by an attempt to restrict their growth.     

Property without authority? Between natural law and the Kantian state

ABSTRACT

In Territorial Sovereignty, Anna Stilz seeks to combine a Kant-inspired moral justification of the state with a natural law-inspired account of ‘foundational title’. The aim of my essay is to show that the contrasting ways in which these two frameworks conceptualize the relation between property (or rights over objects more generally) and authority lead to tensions on two levels of Stilz’s own argument. Concerning individuals’ occupation of land, the question is why some rights over objects can be acquired pre-politically (i.e. occupancy rights), while others cannot (i.e. property rights). And concerning states’ claims over territory, it is unclear whether state entrance basically ‘absorbs’ our political obligations, or whether states have a duty of justice to establish more ambitious (and possibly coercive) forms of global government. The underlying question is whether, or to what extent, Stilz remains committed to Kant’s unconditional justification of territorial sovereignty and, if so, how the very idea of natural rights (over objects in particular) can be made to fit into such an account.     

Social Reconstruction as a Local Process

¹When it comes to post-armed conflict interventions aimed atrestructuring a shattered society, policy makers have largelytreated countries as an undifferentiated whole, ignoring localdynamics that reinforce or transform the power relations thatare often most relevant to peoples’ lives. Using the exampleof Guatemala, the authors argue that local-level, bottom-upmechanisms can reflect a country's diverse makeup and experienceof conflict, and provide crucial precursors or extensions forwider-scale national and international projects. Local-levelinitiatives also can involve more community members, promoteagency and perhaps be less prone to large-scale patronage andcorruption. In promoting truth-telling initiatives and confrontingthe past, memorializing the departed and burying the dead, andresolving ongoing or recent community conflicts, the authorshave found that local-level programs have distinct advantages.The article considers local ‘houses of memory,’community-sponsored psycho-social interventions and exhumations;and conflict resolution based on Mayan methods. It concludesthat such efforts should be more systematically identified andsupported in post-armed conflict settings. In transitional justice,as elsewhere, the authors find, all politics is local.     

Working on the Ground. A Collective Biography of Feminine Subjectivities: Mapping the Traces of Power and Knowledge

In this paper we map the traces of power and knowledge as we read them at play in our own memories and as we make sense of them from a Foucauldian perspective. Our question here is twofold: how might we use Foucault to read our embodied memories of power and knowledge; and how might we use the analysis of those stories to enable us better to see the implications of Foucault's writing for the analysis of subjects' enmeshment in power/knowledge relations? We use as the ground of our analysis our own embodied memories of achieving ourselves as appropriate(d) subjects (as girls and women, in relation to men--fathers, lovers, and husbands). Our trajectory in this paper is double. First, it has been towards uncovering the ways in which girls and women might be said to be powerful, even when they are complicit in their own subjection. Second, it has been to show that when Foucault defines all acts of power to involve the possibility of resistance and freedom, and he takes the opposite, a state of domination, to arise from 'economic, political, or military means', he has not fully acknowledged the extent to which the repeated, minute accretions of everyday practices can generate sedimentations of lines of force that may also be understood as a state of domination.     

Corruption and Political Culture in America: An Empirical Perspective

Political culture helps define the boundaries of permissiblepolitical action. Thus, it should affect the amounts and typesof political corruption occurring in political systems, as wellas responses to corruption when it is discovered. This articlecompares the distribution of corruption convictions among federaljudicial districts over a three-year period to social and politicalcharacteristics of the districts, and to scaled measures ofElazar's moralistic, individualistic, and traditionalistic politicalsubcultures. Nationally, strong moralistic subcultures and highvoter turnouts are associated with numerous convictions, bothbefore and after district population is controlled. Analysisof regional patterns reveals a different model in the South,however, one suggesting ideas about the dynamics of traditionalisticpolitics. Corruption, and the impact of federal laws againstit, are best understood within their political and culturalsettings. ^* I am indebted to George Calafut and Philip Sidel of the SocialScience Computer Research Institute, University of Pittsburgh,who gave me many hours of assistance in assembling data. LeonardKuntz and William Nelson of the Universitys Office of Research,Father Bernard Quinn of the Glenmary Research Center, and WilliamNewman of the University of Connecticut helped me locate religiouscensus results. The County and City Data Book is published ontape by the Inter-University Consortium for Political and SocialResearch. Daniel J. Elazar, Michael Margolis, Bert A. Rockman,and two anonymous referees gave me extremely helpful commentson this study.     

The Impact of Political Debate on Government Trust: Reminding the Public What the Federal Government Does

Americans' confidence in government is low by historical standards. We fielded a national telephone survey to examine influences on government confidence and whether public discontent was affected by altering the salience of specific government operations. We used a question order experiment where we alternated between first asking a general question about confidence in government and first asking about confidence in specific government operations. We found that posing the specific policy questions first elevated general confidence more than the reverse. The largest and most noticeable effects were observed for Republicans and those most knowledgeable and attentive to politics. Findings of context effects and the partisan subgroup differences are consistent with existing theories on public opinion change as well as with previous question order experiments. But, evidence that the cognitive elite was especially influenced by question order challenges previous theories that presumed that its sophistication made it immune to influence. We suggest that education and political knowledge expand rather than contract the opportunities for priming.     

City Officials and General Revenue Sharing: Attitudes, Perceptions and Implications for Future Intergovernmental Policy

This article describes the 1972 State and Local Fiscal AssistanceAct(General Revenue Sharing), its perceived impact on city expenditures,its impact on the attitudes of city officials, and GRS's implicationfor future intergovernmental policy. Using data from nine yearsof an annual survey to chief executives in cities with over50,000 population, we conclude the program's most importantcontribution was in the general attitudes it fostered amonglocal officials. Our analysis indicates that GRS remains extremelypopular with urban chief executives and that its impact variesamong expenditure categories and cities. We conclude that theReagan administration may be able to develop viable policy alternativesbecause of the lack of consensus among many city officials whoalso exhibit varying degrees of support for the president'sproposed policies. In addition, the consensus which characterizedthe public interest groups in prior years may be eroding, andthis could create greater possibilities for policy change. ^* We would like to thank Tracey Gladstone and Eila Pakkanenfor their coding assist-ance. Ilese Hoyniak provided data processingassistance. We would like to thank Purdue University for providingcomputer time and other assistance.     

义务冲突研究

义务冲突作为排除犯罪性事由之一种在西方刑法学界是一个颇有争议的领域,我国学界对此则涉足甚少。在研究方法上,尤其是我国刑法学界对此多作静态意义的研究,没有从符合构成要件行为与排除犯罪性事由这种立体动态的关系中对其进行思考,我们愿稍作尝试。     

Normative political theory,democratic politics and minority rights

In Equal Recognition, Alan Patten argues that in a proper relationship between normative political theory and democratic politics, we must make a clear distinction between two questions related to cultural rights: (a) authority (who should decide?) and (b) the substance of deliberation. The question he wants to explore, however, is not the authority question but the substantive question. The aim of this article is to show that an account of equal recognition cannot bracket out the democratic element. It argues, first, that Equal Recognition does not live up to its initial promise, as it contains a number of reflections and recommendations (on language rights, on secession, on the rights of migrants’ cultures) that either explicitly or implicitly include the democratic element. Second, it points at other important areas of political decision-making – such as electoral system design, districting, referendums, quotas – in which it is quite clear that in order to extend equal recognition to minority cultures, we are obliged to take decisions related to the design of democratic institutions.     

Thinking strategically about ASEM: The subsidiarity question

Abstract

Aficionados of arcane European Union politics will know the importance of the term ‘subsidiarity’, for it relates to perhaps the most fundamental question facing any federal enterprise. Subsidiarity is supposed to be simple ‐ the notion that issues should be handled at the most effective level of authority ‐ but the devil is in the debate about what is ‘most effective’. The notion of subsidiarity, in all its complexity, is in fact most appropriate for those considering the shape of the agenda for the next Asia‐Europe Meeting (ASEM) in London in 1998. With the proliferation of meetings and organizations devoted to the next ASEM agenda, the time has come to pose and begin to answer the subsidiarity question. That question for ASEM would ask, ‘what is best done at the ASEM level’, as opposed to at a global, other regional, national, or even corporate, local or individual level? If officials and analysts feel that such a question is too tough for the ASEM process, perhaps they would be happier with a subsidiary subsidiarity question: ‘what can also be usefully done at the ASEM level'? If there are good answers to the main question, there is a good basis on which to engage in the ASEM process. If there are only good answers to the subsidiary question, the ASEM agenda will be less ambitious and perhaps even appear contrived.     

Transitional Justice, Interdisciplinarity and the State of the 'Field' or 'Non-Field'

¹Transitional justice appears to be an established field ofscholarship connected to a field of practice on how to dealwith past human rights abuses in societies in transition. Theoriginal focus of transitional justice discourse was that humanrights law requires accountability in transitions, rooted inthe discipline of law. Over time, this focus has been expandedto include a much broader range of mechanisms, goals and inquiriesacross a range of disciplines. In order to probe the currentstate of the field, this article argues against the currentconception of transitional justice as a praxis-based interdisciplinaryfield. It suggests that there is a hidden politics to how transitionaljustice has been constructed as an interdisciplinary field thatobscures tensions between the range of practices and goals thatit now incorporates.     

Evaluating the cross-national comparability of survey measures of political interest using anchoring vignettes

Making cross-groups comparisons by using survey instruments has raised substantial scholarly concerns due to the potential risk of incomparability resulting from differential item functioning (DIF). However, not every survey item necessarily suffers from DIF. In this paper, we argue that, unlike many other survey items (e.g., political efficacy), the usual question used to measure political interest is likely to be largely immune to DIF. Our theoretical argument centers on the relative specificity of the item and a corresponding cultural homogeneity (at least in advanced democracies) in what it means to be politically interested or not. Utilizing the anchoring vignettes technique (King et al., 2004; King and Wand, 2007) in our original surveys in the UK, France, and the Netherlands, we demonstrate the size of DIF is small for the standard political interest question.     

Incremental Thinking: "The Lack of a Budgetary Theory"

Editor's Note: More than 40 years ago. V.O. Key identified the basic budgeting question as: ”On what basis shall it be decided to allocate x dollars to activity A instead of activity B?“ Despite decades of budgetary research and innovation, the question remains unanswered and probably unanswerable. As Key recognized, a solution to this problem would constitute a full-blown theory of government. Although neither Key nor others have provided a firm answer to this basic question. Key's article is a valuable reminder that budgeting is much more than technique. This lesson is immediately forgotten when the latest reform comes to market promising a neat formula for dividing the budget pie. The lesson is relearned again when administrative and political pathologists seek cause and effect for the failure of the most recent promising innovation.