A sociosemiotic interpretation of cybersecurity in U.S. legislative discourse

ABSTRACT

Based on one specially created corpus of U.S. cybersecurity-related laws, this study employs the corpus approach to examine the referent objects and securitizing actors in U.S. cybersecurity legislative discourse, which are two critical issues in constructing security, including cybersecurity. Through corpus data analysis, it is found that unlike traditional security, cybersecurity has become more people-oriented in terms of referent objects with critical infrastructure as a key referent object. Additionally, the role of private sectors and cooperative security are highlighted in U.S. cybersecurity legislative discourse. From a sociosemiotic perspective, it is noted that the meaning-making process of U.S. cybersecurity not only is conveyed by the texts but also interacts with other sign systems, such as historical background, cyberspace as a virtual realm and social contexts, which suggests that the specific meanings of signs constructing cybersecurity and cybersecurity itself should be interpreted in specific temporal or spatial contexts. Furthermore, a sociosemiotic approach to U.S. cybersecurity legislative discourse also offers valuable insights to how signs and concepts in cybersecurity contribute to sketching a holistic landscape of cybersecurity and further security on a large scale.     

Identity construction of suspects in telecom and internet fraud discourse: from a sociosemiotic perspective

ABSTRACT

As a new kind of contactless crime, the telecom and internet fraud has become a public hazard, with criminals targeting massive numbers of innocent victims. It is a prominent criminal problem that currently affects social stability and the sense of security of the public. Since the six Ministries and Commissions jointly cracked down the crime in 2016, the number of cases and the number of people deceived have decreased, but the occurrence and frequency has still been at a high rate, and the situation is deteriorating. Regardless of the scientific and technological means used by fraudsters, the main medium is language. From a sociosemiotic perspective, this study identifies that the criminal suspects use the discourse resources to fabricate false information and construct false identities through discursive practice, with the aim of achieving the communicative purpose of obtaining victims’ trust, tricking, deceiving and manipulating their victims into giving out confidential information and funds. This study, taking telecom fraud discourse as one type of genre, examines the dynamic process of selecting and constructing identities by manipulating related discourse resources and strategies in the social-cultural context. This study further provides a sociosemiotic solution to telecom fraud prevention.     

Q&A in legislative oversight: A framework for analysis

Parliamentary questions are an essential tool of legislative oversight. However, the extent to which they are effective in controlling the executive remains underspecified both theoretically and methodologically. This article advances a systematic framework for evaluating the effectiveness of parliamentary questions drawing on principal–agent theory, the public administration literature on accountability and communication research. The framework is called the ‘Q&A approach to legislative oversight’ based on the premise that the study of parliamentary questions (Q) needs to be linked to their respective answers (A) and examined together (Q&A) at the micro-level as an exchange of claims between legislative and executive actors. Methodologically, the Q&A approach to legislative oversight offers a step-by-step guide for qualitative content analysis of Q&A that can be applied to different legislative oversight contexts at different levels of governance. It is argued that the effectiveness of Q&A depends on the strength of the questions asked and the responsiveness of answers provided, which are correspondingly operationalised. To illustrate the merits of the approach, the article includes a systematic case study on the relationship between the European Parliament and the European Central Bank in banking supervision (2013–2018), showing the connection between specific institutional settings and the effectiveness of parliamentary questions.     

Duverger's Law in mixed legislative systems: The impact of national electoral rules on district competition

How do institutional factors shape district competition in mixed legislative systems? Preliminary evidence suggests the distinction between sub‐types of mixed systems alone poorly explains variation in district results. Consistent with the contamination thesis, this analysis suggests three additional national‐level factors at play: fused ballots, the electoral threshold for proportional representation seats, and the existence of compulsory voting laws. Regression analysis on an original dataset covering 90 mixed system elections in 23 countries (1990–2012) finds that while mixed member majoritarian systems correlate with fewer district candidates, these three often overlooked factors are also statistically significant. This analysis highlights the complexity of mixed systems and suggests why many of them diverge from Duverger's Law.     

《监察法》法律责任条款的逻辑展开:基于文本的分析

法律责任作为《监察法》的兜底条款,体现了“有权必有责,用权受监督”的反腐败价值追求。《监察法》法律责任条款设置的科学性对《监察法》功能的有效发挥具有内在的结构性作用,决定了《监察法》的实施效能。从法教义学的视角,通过解读《监察法》法律责任条文的字义、词义及内容含义,归纳监察法律规范的结构体系,从价值维度、结构维度、功能维度和句式维度四个方面阐释《监察法》法律责任条款蕴含的法治理念、框架体系、设定尺度和语义要素。     

The observer actant in the contemporary legal discourse: a semiotic meditation*

ABSTRACT

The sensorial access to the law that a society grants to its members is underpinned by a logic of exhibition and disclosure that, in turn, results from a more abstract cultural propensity to either transparency or opacity. Through investigating the systems of signs by which the functioning of the law is either concealed to external audiences or manifested to them in a more or less spectacular way, one can gain a firmer grasp on the juridical aesthetics of a society. This semiotic approach entails two advantages: on the one hand, the possibility to compare and contrast different regimes of disclosure and secrecy in the synchronic dimension, connecting the discourse of the law with other – apparently distant – types of discourse, adopting the same aesthetics of transparency or opaqueness in other domains of social life and discursive production; on the other hand, the opportunity for a more insightful intelligence of the diachronic development of such aesthetics, so that it may be interpreted as the long-term byproduct of historical watersheds in the history of culture. The article, in particular, proposes to link the socio-pathology of anorexia with several other practices and texts of present-day culture that adopt the same rhetoric of transparency in other discursive arena, including that of law. In all these sign productions, indeed, the trend that predominates is one that, adhering to an ideology of immediacy and transparency, pretends to eliminate all filters, all hindrances, but also all material signifiers that would mar the purity of the content. Although this utopia cannot correspond to any actual semiotic state – for any content needs a material expression to be conveyed – it nevertheless exerts a powerful influence on the present time, until it manifests itself in extreme forms of ‘transparentist’ radicalism.     

Prime ministers and the electoral cost of using the confidence vote in legislative bargaining: evidence from France

Do prime ministers pay an electoral penalty for using procedural force to pass laws? Influential theories of parliamentary governance and legislative bargaining assume that the use of the confidence vote procedure – parliamentary governments’ most powerful legislative weapon – entails an electoral cost, but evidence on this important claim has been scarce. This article provides the first estimates of how prime ministers’ public approval responds to their use of the confidence vote. Analysing time series data from France 1979–2008, it is found that prime ministers experience a considerable drop in approval after their use of the confidence vote that is not accounted for by standard economic and political covariates. The effect size is similar to a 1 per cent decline in economic growth. The findings help explain French prime ministers’ selective use of the confidence vote procedure. They also suggest that political costs constrain the bargaining power conferred by the confidence vote.     

Horses and hippos: Why Italian government bills change in the legislative arena, 1987–2006

Scholars interested in legislative processes pay relatively little attention to the changes made to bills in parliamentary democracies. On the one hand, comparative research has often described parliamentary institutions as ineffectual vis‐à‐vis cabinets throughout the lawmaking process; on the other hand, for a long time the rational choice literature has focused more on the formal rules regulating amendatory activity than on amendatory activity itself. Hence, very few studies have tried to explain how much government bills are altered in parliament and why. This article investigates the changes made to governmental legislation in Italy. Taking the modifications occurring during the legislative process as the dependent variable, a number of explanatory hypotheses derived from both existing scholarship and original arguments are discussed and tested. This also allows the identification of some usually unobserved aspects of the decision‐making process within the cabinet. The findings can also be relevant for comparative research since Italy has been characterised during the period under scrutiny (1987–2006) by two distinct electoral systems, two extremely different party systems (pivotal and alternational), governments with various ideological orientations and range, and both partisan and technical ministers.     

The political and practical obstacles to the reform of the judiciary and the establishment of a rule of law in China

Is China’s “socialist rule by law” (社会主义法制) qualified to be called “rule of law” (法治) or a “thin rule of law” proposed by Randall Peeremboon, without abolishing the political supremacy of the Chinese Communist Party and the establishment of an independent judiciary? Since the mid-1990s, the Chinese legal system and its judiciary have gone through reforms and on the whole modernized. However, the Chinese judiciary still faces many problems, and among them the lack of professional jurists, corruption and local protectionism appear as crucial ones. The current political and institutional arrangements and lack of freedom of the press and freedom of association clearly intensify these problems. “Rule of law” (法治) or “rule by law” (法制) in China is still more often interpreted in the light of the respective political, bureaucratic and economic powers of the parties involved than according to principles of law or equity. The modernization of the legal system will continue, but the political translation of the legal demands of society and the international community will take time to materialize. In the meantime, risks, setbacks and difficulties will continue to prevent China from establishing a truly independent judiciary and what is universally called a rule of law.     

The Moral Efficacy of Aesthetic Experience: Figures of Meaning in the Moral Field

Abstract

This paper proposes to analyse the process that makes paths of action meaningful. It argues that this process is one of "figuration". The term "figuration" intends to outline how the experience of moral meaning is one that already positively marks out a field and to identify and analyse the mechanisms used for such marking and selection. It is my contention that these mechanisms predate the persuasion to a moral path; they are the process through which this path is constructed as meaningful. This thesis is elucidated through an analysis of the tactics of meaning in Kant's moral theory. Kant turns to aesthetics as a means of corroboration for his moral theory, but he also attempts to limit the scope of the interactions between his aesthetic and moral theory. For instance, when he writes on the topic of form in aesthetic taste or outlines the technical specifications of aesthetic judgment, it is arguably the arcane peculiarities of his system that are met. For this reason, Kant insists on the merely analogical relations between beauty and morality. However, it is also possible to see how certain aspects of Kant's aesthetic theory execute wider, and potentially more important, functions for his practical philosophy, such as providing meaningful orientation for the ascetic moral attitude of his duty-ethics. In this respect, certain figures of Kant's aesthetic theory may well be viewed as complementing the dependence in his moral philosophy, in the important sections on moral pedagogy and methodology, on appeals to heroic models and stories as ways of shaping and inculcating the moral disposition. This paper considers these aspects of interaction between Kant's aesthetic and moral philosophies as both (1) a problem for the consistency of his philosophy given his avowed exclusion of aesthetic and religious elements of meaning in his duty-ethics; and (2) as a case study for the new, schematic analysis of "moral figuration" outlined in the paper.     

构建我国法律职业共同体的思考

目前,我国尚未形成现代意义的法律职业共同体。构建与现代法治要求相契合的法律职业共同体,已成为当代中国实现法治的关键。本文从探析法律职业共同体在法治社会中的作用入手,分析了我国法律职业的现状,提出了构建我国法律职业共同体的初步设想。     

China in the era of globalization: the emergence of the discourse on economic security

Abstract

This article looks at the Chinese debate on economic security during the period between 1997 and 2004. The contemporary concept of economic security (jingji anquan, 经济安全) was first raised in the Chinese academic literature in 1997, partly as a reaction to the Asian financial crisis and partly due to the increasing role China began to play in globalization, the effects of which it increasingly felt as its economy became more integrated with that of the world. This article examines the emergence of the discourse on economic security within Chinese academic circles, and identifies the development of this concept in China between 1997 and 2004 prior to the ascendancy of the ‘fourth-generation’ leadership.     

略论传统中国严格执法的阻抗因素

法制是传统中国政治的重要组成部分，但严格执法却做得不够，甚至不大讲究。问题在于：传统中国是君主专制国家，奉行人治、礼治而非法治，其间阻抗严格执法的因素很多。主要表现为：法自君出，而君权无限，君、臣常漠视成法；德主刑辅，礼法冲突时，则屈法伸礼；法律虚无，狱吏位卑，舞文弄法、出入人罪；立法技术上的一些问题也使成法难守易破。这些因素共同作用，严格执法不仅难，而且无法克服。这使法律缺乏应有的威信与尊严，其消极影响是现代法治建设应当着力避免的。     

Domestic regulatory reform and transgovernmental networks: Brazil and China in the global competition regime

Developing countries increasingly participate in transgovernmental networks of global regulatory governance, but they do so in different ways. This article aims to provide an explanation for this variation for two of the major emerging powers in the world economy, Brazil and China, in their transition toward more active players in the global competition regime. Distinguishing between bilateral and multilateral transgovernmental networks and examining the domestic factors conditioning the transition of their national competition agencies from rule-takers to rule-promoters or rule-makers through these networks, the article makes theoretical contributions to the linkage between transgovernmentalism and the regulatory state. I argue that differing political needs and the incomplete process of regulatory state formation push domestic agencies to join transgovernmental networks, with a need for greater legitimacy steering the Brazilian regulators to multilateral networks and facilitating their transition from rule-takers to rule-promoters. The Chinese agencies' primary need for expertise rather than legitimacy, by contrast, led them to pursue technical assistance and cooperation via bilateral relationships. The Chinese approach has slowed its transition from rule-taker to rule-promoter where its norms and practices are aligned with the established powers. Such approach will further impede its transition into a global rule-maker in areas of competition law and policy where China's preferences diverge.     

Implicated: a review paper on guilt

Abstract

The review article examines three books about modern guilt. Each author comes from a different country: Schlink from Germany, Bruckner from France, and Chiarot from the United States. These works either point to or exemplify the problems implicit in concepts of universal guilt. The article explores ways in which each account reflects particular national preoccupations: the German reckoning with the Nazi past, the reassertion of France's global and historical role, and the American culture wars. The article concludes by recognising the importance of Schlink's impulse to deal with guilt scrupulously within the law, while sharing his doubts as to whether legal ways of dealing with guilt can be entirely adequate.     

Social security reform in Central and Eastern Europe: variations on a Latin American theme

After Chile reformed its social security system in 1981, several other Latin American countries and certain Central and Eastern European (CEE) countries implemented the Chilean model, with some variations: either a single- or multitier system, or with a period of transition to take care of those in the labor force at the time of the change. The single-tier version consists of individual accounts in pension fund management companies. Multi-tier systems retain some form of public program and add mandatory individual accounts. Most of the CEE countries did not want to incur the high transition costs associated with the Chilean model. The switch to a market economy had already strained their economies. Also, the countries' desire to adopt the European Union's Euro as their currency--a move that required a specific debt ceiling--limited the amount of additional debt they could incur. This article describes the CEE reforms and makes some comparisons with the Latin American experience. Most of the CEE countries have chosen a mixed system and have restructured the pay-as-you-go (PAYGO) tier, while the Latin American countries have both single- and multi-tier systems. Some CEE countries have set up notional defined contribution (NDC) schemes for the PAYGO tier in which each insured person has a hypothetical account made up of all contributions during his or her working life. Survivors and disability programs in CEE have remained in the public tier, but in most of the Latin American programs the insured must purchase a separate insurance policy. Issues common to both regions include: Administrative costs are high and competition is keen, which has led to consolidation and mergers among the companies and a large market share controlled by a few companies. Benefits are proportionately lower for women than for men. A large, informal sector is not covered by social security. This sector is apparently much larger in Latin America than in the CEE countries. Issues that are unique to some of the CEE countries include: Individual accounts in Hungary and Poland have proved more attractive than originally anticipated. As a result, contributions to the public PAYGO system in Hungary and Poland fell short of expectations. In several countries, laws setting up the programs were enacted without all the details of providing benefits. For example, in some countries laws must now be drawn up for establishment of annuities because they do not yet exist. Setting up a coherent pension policy has been difficult in some countries because of frequent and significant changes in government. This situation has affected the progress of reform in various stages of development. In general, a definitive assessment of individual accounts in these countries will not be possible until a cohort of retirees has spent most of its career under the new system.     

Prosecutorial regulation in the Global South: Environmental civil litigation by prosecutors in China compared to Brazil

Brazil's successful prosecutorial civil action against polluters could be a regulatory example for the Global South. This paper analyses whether such regulation could also develop without the major political, institutional, and legal reforms that spurred it in Brazil. To do so, it analyzes China, where similar reforms have so far not occurred, but where prosecutors have recently started to initiate civil litigation against polluters. It finds that prosecutorial civil litigation in China has only a limited regulatory effect or potential. Prosecutors in China are influenced by conflicting incentive structures that reward one‐off lower level test cases with an innovation bonus, while structurally stimulating a focus on general crime fighting. Ironically, as a result of such incentives, the recent legal reform, toward providing standing for prosecutors in public interest litigation, will, in contrast to Brazil, decrease rather than increase the regulatory effect of these cases. These findings have implications for understanding how the interaction between regulatory independence, legal reform, and regime type shapes possibilities for regulatory innovation in the Global South.     

Global citizenship as a national project: the evolution of segye shimin in South Korean public discourse

The idea of global citizenship in contemporary South Korean public discourse has revolved mainly around a national endeavor to boost the county's stature and competitiveness amid economic globalization. Based on a review of two decades of published media references to segye shimin (‘global citizen’ in the Korean language), this article shows that the specific usages of segye shimin – mainly by elites from government, academia, and journalism – underscore how the ‘developmental citizenship’ that marked South Korea's past authoritarian military regimes has carried on since the transition to civilian-led democracy. In contrast with the burgeoning academic discourse on cosmopolitanism that focuses heavily on moral responsibilities to humanity and the planet, South Korea's discourse of global citizenship has been closely aligned with neoliberalism and filled with exhortations to the domestic population to overcome numerous perceived liabilities seen as impeding the country's advancement. While global citizenship discourse in South Korea has emphasized top-down national strategic imperatives, a bottom-up approach to cosmopolitanism is also emerging as the country gains confidence and the notion of segye shimin gradually gains traction across the wider society.     

Diffusion,transmutation, and regulatory regime in socialist market economies: telecoms reform in China and Vietnam

Abstract

Marketization and state restructuring are proceeding apace in China and Vietnam. China and Vietnam are not, however, converging upon the global regulatory model, even allowing for customary national variations. Rather, they are building up distinctive forms of regulatory regimes aiming to maintain the party-state's control over key state sectors, while at the same time integrating with the global economy and conforming to international norms and standards. This study argues that the regulatory model being adopted in Vietnam and China is the product of a specific kind of transition from a command to a market economy within an authoritarian political regime. While diffusion theories are of use in identifying external driving forces for the reform effort, these theories are of limited value for unveiling the dynamics of local contexts. Indigenous incentives, opportunity structures, and the experimental nature of public policy explain why, despite their exposure to global reform movements and commitment to multilateral institutions, China and Vietnam are likely to end up not with just a variety of the same regulatory regime, but a different one. The case of telecommunications regulation is used to illustrate this.     

Politics-as-usual on trial: regional anti-corruption campaigns in Indonesia

Abstract

This article explores to what extent to local pro-reform actors matter in Indonesia through the prism of anti-corruption campaigns in the country's regions. I argue that the rash of anti-corruption campaigns and related trials involving legislative members, especially from mid-2004 onward, can be attributed neither to the resources lavished on anti-corruption organizations based in Jakarta, nor to the popularity of President Yudhoyono's anti-corruption rhetoric. Instead, it can be traced to a particular anti-corruption campaign that began in earnest in 2002 in Padang, West Sumatra. Using a multi-dimensional approach, a small group of activists relentlessly pursued their newly elected provincial legislators to be accountable to their democratic mandates and as important, to respect the rule of law pursuant to new national anti-corruption legislation. The guilty verdicts of May 2004 galvanized similar groups across the country to investigate their respective legislative bodies. This exemplary case of societal accountability also demonstrated the leverage activists can gain over local politicians when they forge coalitions with other elite actors, especially those in Jakarta. I further explore two anti-corruption cases in the province of West Kalimantan to place post-Padang developments in their proper perspective. If hopes were raised that regional anti-corruption movements–based on the Padang model–might accomplish more than sensational trials but help consolidate democracy at the regional level by holding elected officials accountable, these two examples show how fleeting these expectations might be. The trials that took place but which produced no convictions resulted from the fallout of local political tussles, and not from local civil society organizations galvanized by the ideals of transparency and good governance.