Colonialism's Civilizing Mission: The Case of the Indian Hemp Drug Commission

This paper examines a particular episode in the history of British imperialism in India: the appointment of the Indian Hemp Drug Commission in 1893. We analyze the way a quasi-judicial investigation into the consumption of drugs was differently conceived and executed as a civilizing mission by, on the one hand, British colonizers, and, on the other hand, an aspiring colonized elite. By bringing together the ideological dimensions of a civilizing mission (e.g., the reliance on scientific knowledge, groper procedures, legal techniques) with its social ones (e.g., collaboration between colonizers and a local elite), we show how the very notion of a civilizing mission became a site of struggle over meaning, identity, and desirable forms of governance. The analysis reveals a local elite struggling to position itself at once on a par with British criteria of scientific competence and yet not as a mere proxy for British interests; at once able to articulate itself in terms of enlightenment concepts such as reason and modernity and yet celebrating its own distinct cultural authenticity.     

Marie Corelli's British new woman: A threat to empire?

At the height of the British Empire, England was in the midst of major social, economic and moral upheaval. The roles and status of middle-class women were particularly affected by many of these changes. In turn, as the gap between idealism and ‘reality’ grew, the validity or usefulness of Victorian notions or ideals of womanhood increasingly came under attack. Arising from this commotion was the figure of the late Victorian and Edwardian ‘New Woman.’ Her appearance provoked further confusion and ambiguity about gender that had repercussions for empire. This paper addresses the way in which the role of English women in sustaining the British Empire intensified the social pressures on them in the metropole. It examines the threat to nation and empire represented by the New Woman by looking at how she was presented to the rapidly growing general reading public at the end of the nineteenth- and beginning of the twentieth century. This is achieved by looking at the bestselling novels of Marie Corelli, a phenomenally popular turn-of-the-century author. Corelli's novels repeatedly affirm that the New Woman represented the threat of ‘modernity,’ that she was a danger to ‘civilisation’ and therefore to British imperialism.     

Marie Corelli's British new woman: A threat to empire?

At the height of the British Empire, England was in the midst of major social, economic and moral upheaval. The roles and status of middle-class women were particularly affected by many of these changes. In turn, as the gap between idealism and ‘reality’ grew, the validity or usefulness of Victorian notions or ideals of womanhood increasingly came under attack. Arising from this commotion was the figure of the late Victorian and Edwardian ‘New Woman.’ Her appearance provoked further confusion and ambiguity about gender that had repercussions for empire. This paper addresses the way in which the role of English women in sustaining the British Empire intensified the social pressures on them in the metropole. It examines the threat to nation and empire represented by the New Woman by looking at how she was presented to the rapidly growing general reading public at the end of the nineteenth- and beginning of the twentieth century. This is achieved by looking at the bestselling novels of Marie Corelli, a phenomenally popular turn-of-the-century author. Corelli's novels repeatedly affirm that the New Woman represented the threat of ‘modernity,’ that she was a danger to ‘civilisation’ and therefore to British imperialism.     

A Reaction to Popular Hysteria: The Titles Deprivation Act 1917

The Titles Deprivation Act represents the `other side of the coin' of King George V's decision in 1917 to divest the Royal Family of its appearance of German-ness and adopt an outwardEnglishness by renouncing the German titles of its members and adopting the surname of Windsor. The Act created a mechanism by which German holders of British royal titles and peerages could be deprived of those honours on grounds which had no precedent in earlier law and practice, this mechanism being used for the first and only time in an Order in Council of 28th March 1919 to deprive three German princes and one Austrian, two of them first cousins of George V and a third an uncle by marriage, of the British titles which they held. This paper considers, first, the background to the Act and, in particular, the reason why legislation on this highly controversial issue was introduced in Parliament only after theFirst World War had been going on for two-and-a-half years. It identifies the reason for this delay as the reluctance of the Asquith Government to involve the King as the `fountain of honour' with a course of action which he personally considered to be petty and undignified and of no importance to the war effort, and hypothesises that the Government's change of heart resulted from the trial and execution of Roger Casement for treason, with which there is an exact coincidence in time. Second, the paper considers the manner in which the Bill was drafted, identifies its distinctive features and follows its passage through Parliament. Third, it considers the manner in which the provisions of the Act were put into effect, in particular the manner in which evidence was gathered to create a case against the persons affected by it. This revised version was published online in August 2006 with corrections to the Cover Date.     

British Imperialism in Fiji: A Model for the Semiotics of Cultural Identity

The history and effects of British imperialism in Fiji created a model for analyzing the semiotics of cultural identity. Following the acquisition of land in Fiji, the British recruited impoverished people from India and relocated them as indentured servants to do work on sugar cane plantations that natives refused to do. When Fiji became independent nearly 100?years later, the island nation had nearly equal populations of native Fijians and people of Indian decent. Fiji experienced three military coupes between 1987 and 2000 while the two ethnic and culturally distinct groups competed for jobs and political power. As a small, island nation, identity-based communication in Fiji represents a microcosm of other more complex multicultural societies. This study examines the semiotics of cultural identity among the people of Fiji.     

从“非正式帝国主义”到“法律帝国主义”:以近代中国的境遇为例

近代国际法理论框架下的"非正式帝国主义",由最初的"自由贸易"模式扩展至政治、司法等诸般间接控制样式。在"非正式帝国"的塑造中,合乎国际法规范的条约具备去疆界化与再疆界化的意义,即破除正式领土帝国的堡垒,重建非正式帝国的藩篱。法律无疑是实现"非正式帝国主义"不可或缺的重要支撑,而它本身也成就为"非正式帝国主义"的一种典型形式——"法律帝国主义"。以近代中国的境遇为例,法律帝国主义所表达的,正是在政策指引之下,借助条约规定方式,以治外法权为基本实践手段,通过司法机构的跨域构建以及法律职业人士的身体力行,以最终达成西方法播散的整体过程。对此,我们应有清醒的认识。     

民初省议会失败原因概论

议会制度在中国的实验是一个重要的历史现象。省议会在中国的移植和实践未能取得成功,既有近代中国未能完成反 帝反封建任务的根本原因,也有未能处理好各种上下左右关系的操作层面的原因,十分复杂。     

The Rule of Law and the Rule of Empire: A.V. Dicey in Imperial Context

The idea of the rule of law, more ubiquitous globally today than ever before, owes a lasting debt to the work of Victorian legal theorist A. V. Dicey. But for all of Dicey's influence, little attention has been paid to the imperial entanglements of his thought, including on the rule of law. This article seeks to bring the imperial dimensions of Dicey's thinking about the rule of law into view. On Dicey's account, the rule of law represented a distinctive English civilisational achievement, one that furnished a liberal justification for British imperialism. And yet Dicey was forced to acknowledge that imperial rule at times required arbitrariness and formal inequality at odds with the rule of law. At a moment when the rule of law has once more come to license all sorts of transnational interventions by globally powerful political actors, Dicey's preoccupations and ambivalences are in many ways our own.     

《反思中国法学界的"权利话语"》之反思

自上世纪80年代以来，“权利话语”逐渐成为我国法学界的主流话语。“权利本位”也在中国法学界的激烈讨论中获得了正统学说的地位。有论者基于经济学思维与理念对“权利话语”、“权利本位”进行批判甚至解构。这种经济学进路的背后，是一种建立在自然科学研究意义上的“经济学帝国主义”思维。在它看似无立场的研究角度的背后，却是一种追求效率至上的价值取向。这与法学所应追求的正义底线价值是格格不入的。它可能导致一种专制主义思维。尽管“权利本位”作为法律的普适价值存有争论，但是没有它却是极其危险的。     

‘Not always logical’: binational/biracial marriages in Britain, 1900–1940

ABSTRACT

This essay explores the intersection of race, religion, and nationality in marriage by concentrating on unions between Britons and ‘Arabs’ (those from North Africa and the Middle East) in the late nineteenth and early twentieth century. Focusing on this area, most of which was not in the British Empire, allows an analysis of the intersection between the empire and the larger world. Marriage was a nexus in the intertwined prejudices of race, empire, class, and religion. Though the British primarily blamed polygamy for any marital problems, their own gendered law of nationality was equally at fault. Indeed, the centrality of gender was clearest in three circumstances. First, many women refused to be ‘white women in peril,’ instead exercising agency in their relationships. Second, British men who moved to the Middle East, converted to Islam, and married Muslim women, became legal hybrids who struggled to pass on British nationality to their wives and children. Third, British-born women married to Middle Eastern Christians faced similar problems, despite marrying other monogamists. In the 1930s, the British government formed a committee to address these issues, but the committee failed to find solutions, in part because the members, like the British state, supported racial/national coverture for women and thus refused to consider granting women equal rights in nationality. As a result, women married to men of different races and nations remained vulnerable to desertion and divorce in the interwar period. Such issues both confirmed the importance of an imperial frame of mind, but also the fact that the dilemmas went well beyond the formal empire.     

The Development of Special Orders and Special Rules in the U.S. House, 1881–1937

The modern Committee on Rules plays a critical role in structuring the agenda of the U.S. House of Representatives. In fact, resolutions from the Committee on Rules are the primary means through which controversial legislation reaches the House floor. But the Committee on Rules did not play a role in shaping the floor agenda until the 1880s and, despite intense scrutiny of episodes such as the institution of the Reed rules and the revolt against Speaker Cannon, our understanding of the role of the Committee on Rules is limited and skewed heavily toward the post‐World War II era. This limitation is unfortunate, because special rules play a starring role in major theories of legislative organization. In this article, I present analysis of the usage and historical development of special rules in the House, and I offer findings from my empirical analysis of the determinants of rule choice from 1881 to 1937. A nuanced interrogation of new data on special rules in this era reveals support for committee specialization and conditional party government as motives for rule choice in this era.     

Confidence in the police: Balancing public image with community safety – A comparative review of the literature

Examining the evolution of British and Australian policing, this comparative review of the literature considers the historical underpinnings of policing in these two countries and the impact of community legitimacy derived from the early concepts of policing by consent. Using the August 2011 disorder in Britain as a lens, this paper considers whether, in striving to maintain community confidence, undue emphasis is placed on the police's public image at the expense of community safety. Examining the path of policing reform, the impact of bureaucracy on policing and the evolving debate surrounding police performance, this review suggests that, while largely delivering on the ideal of an ethical and strong police force, a preoccupation with self-image may in fact result in tarnishing the very thing British and Australian police forces strive to achieve – their standing with the public. This paper advocates for a more realistic goal of gaining public respect rather than affection in order to achieve the difficult balance between maintaining trust and respect as an approachable, ethical entity providing firm, confident policing in this ever-evolving, modern society.     

Some Questions of Noncapitalist Development

The colonial system of imperialism rapidly fell apart in the 1950s and the first half of the 1960s. It was then that the "Third World" actually took shape as a set of young national states liberated from the political rule of imperialism. In those years, bourgeois politicans and sociologists expressed the hope, even the confidence, that the "Third World" would become a reserve, a fountain of youth for capitalism. However, they underestimated the power of the contemporary revolutionary process, its depth, sweep, and diversity of forms. The mighty influence of the world socialist community on the destinies of the peoples, and the growth of the international workers' and communist movement, created the preconditions for a revolutionary change in the development of "Third World" countries.     

Gendering Justice in Humanitarian Spaces: Opportunity and (Dis)empowerment Through Gender‐Based Legal Development Outreach in the Eastern Democratic Republic of Congo

Why have women in eastern DR Congo increasingly turned to domestic courts in the aftermath of sexual violence, despite the fact that the state has consistently failed to provide basic goods and services to its citizens? Moreover, how do victims of violence interpret their first encounters with state law in an environment characterized by institutional fragility and humanitarian governance? This article analyzes the experiences and reflections of 50 self‐reported victims of sexual violence in eastern DR Congo. We find that human rights NGOs have served as critical mediators in persuading victims of violence to pursue legal remedy for sexual crimes. However, rather than being socialized to prioritize formal accountability mechanisms in precisely the ways that the architects of legal outreach programs intended, we find that victims of violence have turned to the law for a combination of material and ideational factors. Some appear to have internalized emerging norms of punitive criminal justice, while others have adopted the language of law instrumentally, in order to access crucial socio‐material benefits. We identify a paradox of opportunity and disempowerment, therefore, that characterizes our interviewees' experiences with the law.     

Living and learning in Tacna,Peru

I spent the summer after my first year of college in Tacna, Peru. I lived in community with five Peruvian nuns and worked in the school where they were the administrators. I was completely immersed in the culture and language as no one spoke English. It was an experience that allowed me to connect with new ideas about community and social justice, ideas that have contributed to the way I have come to understand my position and my responsibilities in my global community. When I returned home from Peru, I wrote this reflection about my experience adapting and living in this wonderful and vibrant community.     

Laboratories of Statehood: Legal Intervention in Colonial Africa and Today

The immense body of contemporary work aimed at ‘promoting the rule of law’ is often accused of ‘neo‐imperialism’. Yet, despite many points of contiguity between past and present legal interventions, the charge is overbroad and rarely illuminating. This article attempts to move beyond polemic to track concrete historical and structural forerunners of today's rule of law work. Focusing mainly (though not exclusively) on late imperial British endeavours, it traces colonial legal interventions over time, the techniques adopted (and rejected), the shifting normative bases of legitimacy, and moments of strategic recalibration in the face of resistance. Three broad attitudes towards law across the period are (provisionally) characterised as ‘regulative’, ‘constitutive’ and ‘institutive’ moments. In each phase, the Powers treat colonial territories as laboratories of statehood, within which experiments are conducted to locate the optimal configuration of law. In conclusion some counterparts to these moments in today's ‘rule of law’ activities are identified.     

Heroin maintenance in Britain and heroin for the relief of pain in the United States of America

SUMMARY

The British themselves have recognized that heroin may not be the safest and most appropriate form of treatment for heroin addicts. The percentage of narcotic addicts in Britain being treated with methadone alone has risen steadily from 58% (of 1,549 addicts) in 1971 to 67% (of 2,588 addicts) in 1981. Also, the percentage of narcotic addicts receiving heroin alone has dropped from 7.1% (of 1,549 addicts) in 1971 to 2.6% (of 3,844 addicts) in 1981. The amount of heroin prescribed to addicts also fell from 22,778 grams in 1969 to 8,501 grams in 1978.

Further increases in the use of oral methadone and sterile injectable methadone, and resulting decreases in unsterile injections of heroin, would no doubt greatly diminish the incidence of death and severe disability in the treatment of British addicts.

On the issue of heroin's use for intractable pain, there is no evidence that heroin has unique advantages over other drugs. When given in equivalent doses, morphine has been proven to be as effective as heroin, orally or subcutaneously, for the relief of pain. In fact, heroin is rapidly converted into morphine in the body. Given the fact that heroin is the drug most narcotic addicts prefer, legally stocking the drugs in pharmacies, hospitals, and hospices would pose serious security and personal safety risks at these facilities. It is possible, in fact, that most pharmacies would refuse to stock the drug.     

The ICC -- Quo Vadis?

The International Criminal Court (ICC) has had to face manyobjective difficulties in its initial stage. The self-referralsby Uganda and the Democratic Republic of Congo (DRC) pose problems.As for Uganda, the unsealing of the indictments is an achievementfor the Court; however, the rhetorical conflict between thereferring government and the ICC, the continued insecurity innorthern Uganda and the fact that the accused commanders arenot in the custody of the Ugandan authorities highlight thedependence of the ICC on the cooperation of national governments.As for the DRC, the transfer to The Hague of one of the indictees,Lubanga, is significant. Supporters of the ICC hope that thistrial will help to ease many doubts about the direction of theCourt, as the Tadi case was able to do for the InternationalCriminal Tribunal for the former Yugoslavia (ICTY). The SecurityCouncil referral of Darfur is a mixed blessing, on a numberof grounds. However, the posture of Sudanese authorities andthe worsening of the situation in Darfur and eastern Chad clearlyindicate that the ICC does not yet have a deterrence capability.     

Mummified trophy heads from Peru: diagnostic features and medicolegal significance

Several forms of mummified human trophy heads were produced by prehistoric and historic native groups in South America. This paper describes the diagnostic features of trophy heads produced by the Nasca culture of ancient Peru. A growing interest in these mummified heads among collectors of Pre-Columbian art and antiquities has led to their illegal exportation from Peru, in violation of national and international antiquities laws. Requests from the Peruvian government to protect its cultural patrimony led the United States in 1997 to declare these heads as items subject to U.S. import restriction, along with six other categories of human remains. Despite such restrictions, Nasca trophy heads continue to reach private collectors outside of Peru and thus may be encountered by local, state, or federal law enforcement officials unfamiliar with their characteristic features and origin. The objective of this paper is to describe the features that allow Nasca trophy heads to be identified and distinguished from other archaeological and forensic specimens that may be submitted to a forensic anthropologist for identification.