Citizenship in China: a Comparison of Rights with the East and West

After the economic rise of China with the improvement in their standard of living, there have been many changes in the rights of citizens in China. This paper provides a broad survey of rights to see how China compares with the West and some countries in the Far East. This comparison assesses citizenship theory as it might apply to China, and then assesses a number of measures of rights. First, in order to make comparisons, the very different conceptions and theories of citizenship in China must be considered. Chinese citizenship is based on more of a communitarian model than a liberal or social democratic approach mainly due to Confucianism. Despite considerable improvement in citizenship rights, China’s reliance on a more communitarian citizenship theory (rather than liberal or social democratic theories) tends to emphasize obligations over rights. Second, in assessing the level of rights in China in the 21st century, T. H. Marshall provides the classification of legal, political and social rights. Using Freedom House, Fraser Institute and other data, I make cross-national comparisons between China and Western countries (e.g., the US, Canada and select European countries) and East Asian countries or regions (e.g., Japan, Indonesia, South Korea, Hong Kong and Taiwan). I also include Russia since it has made a similar transition from communist rule. The paper argues that citizenship rights for Chinese citizens have improved for many legal and social rights but not so much for political rights. However, all of these rights in China are much lower than in the West and much of East Asia, though in a few instances the levels are quite similar to Russia. I conclude with an estimate of the possible pathways toward greater political rights in China over the next few decades.     

Rape and Sexual Violence as Torture and Genocide in the Decisions of International Tribunals: Transjudicial Networks and the Development of International Criminal Law

International criminal tribunals established by the UN Security Council in the 1990s have been widely acclaimed as active participants in the modern system of dynamic criminal justice. One of their best known achievements is the prosecution of rape and sexual assaults. The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) set an example for other tribunals to follow. By interpreting a variety of international laws, the community of international legal professionals has been able to shift the prevailing understanding of rape and sexual violence away from that of an “unfortunate byproducts of war.” Not only has the epistemic community of legal professionals been able to end impunity for these crimes, but case-law of international tribunals has become a basis for subsequent trials at quasi-international tribunals. Decisions of the tribunals have been instrumental in drafting the Statute of the International Criminal Court and can be regarded as an example of the formation of new international norms by means of judicial decisions.     

Lament as Transitional Justice

Works of human rights literature help to ground the formal rights system in an informal rights ethos. Writers have developed four major modes of human rights literature as follows: protest, testimony, lament, and laughter. Through interpretations of poetry in Carolyn Forché’s anthology, Against Forgetting, and novels from Rwanda, the US, and Bosnia, I focus on the mode of lament, the literature of mourning. Lament is a social and ritualized form, the purposes of which are congruent with the aims of transitional justice institutions. Both laments and truth commissions employ grieving narratives to help survivors of human rights trauma bequeath to the ghosts of the past the justice of a monument while renewing the survivors’ capacity for rebuilding civil society in the future. Human rights scholars need a broader, extrajuridical meaning for “transitional justice” if we hope to capture its power.     

Commercial Relationships and Spaces after Disaster

Sociological research on the relationship between social bonds and economic activity typically focuses on how social bonds facilitate economic activity. There is, however, a growing and important literature on the development of commercial relationships into social friendships and the important role that commercial spaces can play in facilitating social connections. To date, however, this research has not focused on the important role that these commercial friendships and spaces can play in facilitating an individual’s recovery efforts after a major disaster like a tornado, hurricane or flood. It has also not focused on the effect that major disasters can have on commercial ties. Moreover, while the sociological literature on post-disaster recovery has emphasized the important role of social capital, it has not emphasized the role that social networks developed within commercial contexts can play in helping individuals to rebound from disaster. This article is an effort to fill these gaps in the literature. Using interview data collected in the Gulf Coast following Hurricane Katrina, we argue and describe how meaningful social bonds that emerge out of and are facilitated by commercial activity as well as the social spaces provided by commercial entities can facilitate community rebound after a major disaster.     

Why do corporations contribute to the Nature Conservancy?

Treating corporate contributions as purchases of valuable inputs, we hypothesize that firms for which genetic diversity, advertizing, and reputations of environmental responsibility are more valuable and firms for which the cost of contributing is less will be more likely contributors to the Nature Conservancy. These hypotheses are supported by logit estimations which find firms in industries where biological inputs are important, firms with high advertizing expenditures, firms in industries with high costs of meeting environmental regulations, and large firms are more likely to contribute and so become Corporate Associates of the Nature Conservancy.     

Puzzling about problems: the ambiguous search for an evidence-based strategy for handling influx of health technology

This paper focuses on problem frame differences among actors (members of an advisory body, senior administrators and clinical unit managers) who are concerned with the introduction of new health technology at the regional level in Sweden. It explores issues related to problem framing, puzzling, powering, participation and the various rationales articulated in the ambiguous search for an evidence-based strategy to handle the influx of new technologies. The Health Technology Advisory Committee (HTAC) was established in one Swedish county council in 2004 with the intention of controlling both the introduction of health technology and supporting policy decision and clinical practice by promoting the use of best evidence. The HTAC followed a scientific rationality dominated by one problem frame, although the problematic situation, as it was framed by all the actor groups, was highly complex and not solely a matter of evidence. This paper illustrates how problem frame differences shape the puzzling of a policy problem and how the different distinguishable policy styles are dependent on who is participating and who is not participating in the puzzling.     

European Culture and the European Union's ‘Turkey Question’

This article attempts to discern whether Turkey belongs to Europe's emerging pan-European cosmopolitan culture and investigates the political implications of Turkish cultural ‘otherness’. The article revisits Laitin's (2002 Laitin, David D. 2002. ‘Culture and National Identity: “The East” and European Integration’. West European Politics, 25(2): 56–80. [Taylor &; Francis Online], [Web of Science ®] , [Google Scholar]) suggestion that social mobility in contemporary Europe requires individuals to possess 2 ± 1 cultural repertoires. Then, drawing on analysis of Eurobarometer, World Values Survey, European Values Survey, and original datasets, it compares the cultural repertoires of citizens from four groups of European countries – the EU's founding members, countries that joined the Communities between 1973 and 1995, countries of the 2004/2007 enlargement wave, and Turkey itself. The data support the conventional wisdom that Turkey is culturally quite different from EU norms. Still, the article concludes by interrogating the political implications of this difference and suggesting that Turkey's cultural alterity does not necessarily preclude the possibility of smooth Turkish integration into the EU.     

A Deeper Durkheimian Society for Haidt’s Righteous Minds

Jonathan Haidt’s The Righteous Mind is an advance in the empirical study of morality. He argues that liberals lose elections because they only appeal to the moral foundations of Care and Fairness, whereas conservatives can appeal to additional things that most people value - Loyalty, Authority, and Sanctity. Haidt’s argument gets a bit muddled when he tries to incorporate the libertarians’ concern with Liberty into his scheme of moral foundations. This muddle can be resolved by seeing that all groups need Loyalty, Authority, and Fairness (re-described). Politics today is a debate about what is truly Sacred for society - the conservatives’ traditional sacred realm of family, religion, and nation-state, the libertarians’ sacred individual liberty, or the liberals’ sacred care for those who are harmed by society.     

Social determinism,rationality, and partisanship among college students

This study finds high rates of defection from parental partisanship among a sample of undergraduate students at the State University of New York at Stony Brook, despite relying on students' perceptions of their parents' party loyalties, which almost certainly exaggerate agreement between students and parents. There was a much higher rate of defection among students from Republican families than among students from Democratic families. The pattern of defections from parental partisanship was consistent with the rational reevaluation hypothesis: liberal-conservative self-placement was strongly related to party identification among students from Republican families and families without a party preference.     

Managing Pluralism: The European Case

This article begins by clarifying the meanings attributed to pluralism; it then places the European case in a global context. The body of the article looks at the management of religious pluralism in Europe in terms of commonality and difference. At one and the same time, Europe is becoming increasingly secular and religiously plural—both trends are important if we are to understand the issues at stake. A close examination of four individual cases (Britain, France, the Netherlands and Greece) reveals, however, that it is important not to jump to conclusions regarding outcomes. Each country must be considered on its own terms. The final section introduces a rather different feature: the European Court of Human Rights, noting its place in the management of religious pluralism. A growing jurisprudence emanating from the Court is becoming increasingly influential.     

You Say You Want a Revolution: the Arab Spring,Norm Diffusion,and the Human Rights Regime

We discuss how the Arab Spring is a reflection of the resiliency of the human rights regime. In order to accomplish this, we explore the extent to which the Arab Spring represents norm diffusion among Middle East and North Africa (MENA) states. Specifically, we examine the cases of Tunisia, Egypt, and Bahrain and consider how economic and demographic changes created space for human rights discourse in these countries. We find that, in the case of MENA states, the Arab Spring represents significant pressure from below. Access to new forms of social media allowed civil society to organize, publicize, and protest relatively efficiently. Social media expanded the potential role of individuals and created newly empowered latent human rights activists who emerged as leaders of the norm diffusion process. The resulting diffusion of human rights norms in the Arab region represents one of the most significant expansions of the human rights regime since the regime’s inception.     

Time to Comply: National Responses to Six EU Labour Market Directives Revisited

This paper examines variation in the timing of compliance with European directives. It formulates and tests the hypothesis that member states' policy-based incentives to deviate from the content of directives influence delay in compliance. This hypothesis is tested along with other factors that are posited to influence compliance, including the amount of discretion directives give member states, the level of misfit between national and European-level laws, and characteristics of member states. The hypotheses are examined in a quantitative research design using arguably the best available information on compliance: national responses to six labour market directives investigated by Falkner et al. (2005 Falkner, Gerda, Trieb, Oliver, Hartlapp, Miriam and Leiber, Simone. 2005. Complying with Europe: EU Harmonisation and Soft Law in the Member States, Cambridge: Cambridge University Press. [Crossref] , [Google Scholar]) for Complying with Europe. The present study develops Falkner et al.'s analysis in two respects. First, it identifies new theoretically important variables and offers measures of these, notably member states' policy-based incentives to deviate and the amount of discretion granted by directives. Second, it tests these hypotheses using multivariate analysis, while Falkner et al. applied bivariate tests only. In contrast to Falkner et al.'s conclusions, the findings indicate that misfit between national and European laws significantly reduces the likelihood of timely compliance. While political opposition at the time of a directive's adoption is not linked directly to compliance, member states tend to oppose directives that do not fit existing national laws. Compliance is more timely for directives that grant more discretion.     

Islam and Plurality,Old and New

All of the historical religions emerged in a context of religious plurality and, at times, bitter inter-religious rivalry. In our late modern age, the challenge of plurality has become all the more pervasive. This paper examines the varied traditions of knowledge and practice developed by Muslim jurists, political leaders, and religious thinkers to engage people of non-Muslim faith, from the time of the Prophet Muhammad to today. It highlights three themes. First, there was never any single message with regard to how the Muslim community should engage plurality. Second, the historical practice of Muslim rulers has often shown greater variation (and occasional "liberality") with regard to questions of plurality than has jurisprudence. Third, and last, however, as with the practitioners of other faiths, Muslims in modern times have had to revisit and rethink their traditions with regards to plurality, and both inclusive and exclusive currents have emerged. The challenge of plurality is likely to remain a core issue in Muslim politics and public ethics for some years to come.     

Policy Responses to Human Trafficking in Southern Africa: Domesticating International Norms

Human trafficking is increasingly recognized as an outcome of economic insecurity, gender inequality, and conflict, all significant factors in the region of southern Africa. This paper examines policy responses to human trafficking in southern Africa and finds that there has been a diffusion of international norms to the regional and domestic levels. This paper finds that policy change is most notable in the strategies and approaches that differ at each level: international and regional agreements emphasize prevention measures and survivor assistance, but national policies emphasize prosecution measures. Leaders across the region have adapted these policy norms to fit regionally specific conditions, including HIV/AIDS, conflict, traditional leaders, and prostitution. Yet, national policies often fail to incorporate preventative solutions to address gender inequality, human rights, and economic development. Until appropriate funding and preventative measures are introduced, the underlying issues that foster human trafficking will continue.     

Upgrading the ‘software’: The EU–Korea Free Trade Agreement and sociocultural barriers to trade and investment

Abstract

In October 2010, the European Union (EU) and the Republic of Korea signed a free trade agreement that went into effect in July 2011 and aims to increase levels of bilateral trade and investment by dismantling existing tariff and non-tariff barriers. In this article, we highlight the importance of a third class of barriers: social, cultural and institutional barriers to trade with and investment in Korea that cannot be legislated for under the new agreement but that can serve as ‘hidden stumbling blocks’ to its implementation and effectiveness. We argue that the phenomenon of ‘mismatched globalization’ (in which economic globalization outpaces cultural globalization) is still apparent in Korea, as evidenced by the continuing existence of these ‘soft’ barriers which include, inter alia, the gap between policy and implementation; the lack of predictability, consistency and transparency in the regulatory environment (including IPR protection); education systems; labour militancy; and attitudes towards globalization. These findings resonate with Dent's (2006 Dent, C. M. 2006. New Free Trade Agreements in the Asia-Pacific, Basingstoke: Palgrave Macmillan. [Crossref] , [Google Scholar]) argument that ‘deficient capacity’ in terms of technocracy, industry and/or institutional arrangements can pose problems for developing countries seeking to negotiate and implement bilateral trade agreements with more developed countries. In the case of Korea, the long-term ‘soft’ social, cultural and institutional barriers identified and discussed in this article act as a constraint on the country's institutional capacity functions and thus have the potential to hinder the full and effective implementation of the EU–Korea Free Trade Agreement and reduce the economic benefits that the signatory parties hope to gain from it.     

Running off empty: Run-off point systems

One form of the multistage election system is the run-off system, whereby an initial set of candidates is reduced by eliminating from consideration the lowest ranking alternatives at each stage of the process. This paper investigates three run-off systems: the plurality run-off, the Nanson system, and the Coombs system, with respect to five criteria including Partial Non-manipulability, the Uniform Majority Principle, Independence from Individual Orderings, Voter Adaptability, and Inverse Condorcet.     

Social policy implications of the minimum wage law

Poverty and unemployment are two critical issues facing the United States today. Linked to both of these is the federal minimum wage law. Established under the Fair Labor Standards Act of 1938, the purpose of the law was—and still is—to eliminate, as rapidly as possible, labor conditions thought to be harmful to the “health, efficiency, and general well-being of workers ... without substantially curtailing employment or earning power.”¹ In other words, to eliminate low wages without eliminating jobs. This is a laudable goal, with which no one is likely to disagree. The question remains as to how effective the law has been in achieving this goal. Has it eliminated poverty? Or has it, to the contrary, had effects detrimental to those the law was designed to help? It is the contention here that the minimum wage law has played a significant role in causing unemployment among the most disadvantaged groups, including blacks, teenagers, unskilled workers, and people living in economically depressed regions. It is therefore proposed that further increases in the minimum wage be blocked and that the rate and coverage be held at the present level.     

Budget-maximizing governmental agencies: An empirical test

Niskanen's theory of government budgeting, involving powerful agencies interested in maximizing their budgets through bargaining with a weak, poorly informed governmental ‘Sponsor’, has received wide recognition. This paper presents the first direct empirical tests of Niskanen's ideas. One implication of Niskanen's model of budgeting is that the demand for public services will appear to be elastic. Niskanen's model also implies restrictions on the elasticity of the derived demand for labor in the public sector. Neither set of predictions is supported by existing empirical research on government activity.     

Secularization: An International Debate from a British Perspective

Fundamental concepts like secularization are initially formulated from perspectives embedded in particular histories, and the contrast between the British perspective and the French provides a network of clues as to how secularization is systematically inflected in the British and French cases. Once one follows these clues through it becomes clear that secularization as a concept is not a neatly bounded entity suspended ahistorically in neutral ideological space but bound up with culturally constructed binaries, such as 'the religious' and 'the secular', with ideological notions of the direction of history and the teleology of progress, and with ages and stages. Secularization gathers together several semi-related changes, but should not be understood as a one-way-street.