数字治理下的“风险压力-组织协同”逻辑与领导注意力分配——以A市“市长信箱”为例

大量的信件诉求进入“市长信箱”,为什么有的得到领导批示,有的则没有?基于A市“市长信箱”探究领导注意力的影响因素,研究发现,上级政府强调的“一票否决”事项是地方领导在回应性政府活动中注意力的指挥棒,组织协同目标也通过领导注意力的选择性分配得到实现,领导注意力在科层运行中呈现出“风险压力-组织协同”逻辑,即符合“一票否决”事项的信件、需跨部门协作解决的信件诉求更可能获得情感强度越高的领导批示,且“一票否决”的风险逻辑优先于组织协同的“协同”逻辑。论文的研究价值不仅在于从“注意力分配”的视角探究互联网政治体系中的政府行为,还揭示了数字治理具有政治性与技术性二重属性的事实。     

The Politics of Rule of Law Reform: From Delegation to Autonomy

How can we understand the delegation of power and authority – for example, from a polity to an administrator - in a world of fragmented governance? In this paper, I introduce the practices of contemporary ‘rule of law’ and ‘governance’ reform, which reframe this question in politically powerful ways. These practices are increasingly important in development contexts, and beyond. Practitioners begin with the assumption that some sort of administration occurs in the development contexts in which they work. They then focus on how to convene a political community in which to embed – and potentially legitimate - that administration. They thereby reconfigure the question of delegation into one of autonomy – or managing the extent to and ways in which the administrative legal system self-produces. In doing so, I argue that contemporary rule of law practitioners wield constitutional power under the rubric of workaday administrative reform. At the same time, they efface their political accountability.     

Science, values and politics: an insider’s reflections on corporate crime research

Diverse social and political forces have long shaped research on corporate crime and its social control in the U.S., and they have responded to this work in plural and contradictory ways. These forces range from the abstract and institutional to the local and personal. In this essay, I reflect on my three decades of research experience in this arena in an examination of these forces and their implications for research and public policy. More overtly than other forms of criminological research, the study of corporate lawbreaking has conjoined issues of values and politics with issues of science. This feature of the work has made consistently problematic such foundational questions as how to define the subject of inquiry, how to study it, and how to communicate about it. While this volatility has contributed to the ongoing marginalization of this research stream in both academic criminology and regulatory policy, it has also created a certain intellectual dynamism that should attract future generations of investigators to these questions, and to greater cross-disciplinary efforts to address them. Such developments may even pave the way to greater consideration of such research by policy-makers, should socioeconomic conditions in the U.S. and around the world raise the public salience of corporate wrongdoing. ‘Why do you want to study corporate managers? We know how they think.’ ‘…a book entitled Corporate Crime automatically puts us on guard to defend the corporations…such a book should never have been written in the first place.’      

Criminal heterarchy and its critics: governance and the making of insecurity in Colombia

ABSTRACT

The FARC, Colombia’s oldest and biggest guerrilla organisation, has long been constructed as the country’s public enemy number one, an enemy that is increasingly portrayed as an outright criminal actor who abandoned all political ambitions. This image of the FARC as a criminal threat to the Colombian state and society is central to a broader turn towards criminalisation in Colombian politics. Through the lens of a critical governance perspective and the notion of the state’s discursive selectivity this article analyses turning points during which the construction of Colombian society’s criminal enemies became a driving force in the country’s security governance. Which social forces support the implementation of criminalising forms of security governance and how? What are the social and political consequences of the latter? In answering these questions, the article argues that the war on (guerrilla) crime assumes a ‘productive’ role for Colombia’s formal democracy.     

‘Left Pessimists’ in ‘Rose Coloured Glasses’? Reflections on the Political Economy of Socio-Legal Studies and (Legal) Academic Well-Being

This article reflects on the significance of the Journal of Law and Society and critical socio-legal work in the context of changes in the political economy of universities and socio-legal studies. It interweaves an analysis of this shifting political economy with consideration of another topic, namely, academic well-being and mental health, especially in this moment, to demonstrate the continuing pertinence and importance of the left critique of universities. Well-being has become part of a far broader set of counter-narratives to neoliberalism evident in attempts to reposition it as a ‘force of change’, to develop new ways of working that might challenge traditional work cultures and organizational structures, and to resist the marketized neoliberal university and re-envision what a ‘good university’ might be. Rejecting the criticism of ‘left pessimists’ in ‘rose coloured glasses’, I make the case for the continuing significance of engaging in public education and research as a public good.     

‘European Governance’ or Governmentality? The European Commission and the Future of Democratic Government

The word ‘governance’ has become an increasingly central policy motif in the European Union and elsewhere yet its meanings are ambiguous and often poorly understood. This article examines the genealogy of that concept focusing in particular on the European Commission's claim to have developed a new, more open and progressive model of ‘European governance’. The paper is set out in four steps. The first analyses the European Commission's claims for ‘governance’ as a concept integral to its new vision for Europe. The second interrogates some of the conflicting definitions and meanings inherent in the term and examines the highly selective paradigm of governance that has been developed in official Commission discourse. The third addresses two specific areas where the Commission's governance model has been applied: the Green paper on The Future of Parliamentary Democracy and the Open Method of Coordination. The fourth turns to analyse these findings using critical social theory. I conclude that far from laying the grounds for a more inclusive, participatory and democratic political order, the Commission's model to governance represents a form of neoliberal governmentality that is actually undermining democratic government and promoting a politics of exclusion.     

Smoke Free? Public Health Policy,Coercive Paternalism,and the Ethics of Long-Game Regulation

Contemporary public health advocacy promotes a ‘fifth wave of public health’: a ‘cultural’ shift wherein the public's health becomes recognized as a common good, to be realized through concerted developments in the institutional, social, and physical environments. With reference to examples from anti-tobacco policy, in this article I critically examine the fifth-wave agenda in England. I explore it as an approach that, in the face of liberal individualism, works through a ‘long-game’ method of progressive social change. Given the political context, and a predominant concern with narrow understandings of legal coercion, I explain how efforts are made to apply what are presented as less ethically contentious framings of regulatory methods, such as are provided by ‘libertarian paternalism’ (‘nudge theory’). I argue that these fail as measures of legitimacy for long-game regulation: the philosophical foundations of public health laws require a greater – and more obviously contestable, but also more ambitious – critical depth.     

A Manner of Speaking: Declaration,Critique and the Trope of Interrogation

In this paper I will argue for the ethical and political virtue of a form of critique associated with the work of Michel Foucault. Foucault’s tryptich of essays on critique—namely ‘What is Critique?’ ‘What is Revolution?’ and ‘What is Enlightenment?’—develop a formulation of critique understood as an attitude or disposition, a kind of relation that one bears to oneself and to the actuality of the present. I suggest that this critical attitude goes hand in hand with a mode of intellectual practice realized rhetorically in the form of the interrogative and methodologically in ‘problematology’. But, in addition to highlighting the habitus of critique suggested by Foucault, I also want to consider the entanglement of this critical enterprise in the conditions of the present that it attempts to diagnose. Specifically, I ask, in what way is a critical enterprise in the interrogative mood itself imbricated in the trope of interrogation that fills so much of our current political and public landscape?     

Lessons from Orgreave: Police Power and the Criminalization of Protest

In October 2016, the Home Secretary ruled out a public inquiry into the ‘Battle of Orgreave', arguing that ‘very few lessons’ could be learned from a review of practices of three decades ago. It was suggested that policing has undergone a progressive transformation since the 1984–5 miners’ strike, at political, legal, and operational levels. This article, in contrast, charts a significant expansion of state control over public protest since the strike, including a proliferation of public order offences and an extension of pre‐emptive policing powers. Whilst concerns have been raised about the impact of these developments on protest rights, there is an absence of socio‐legal research into the operation of public order powers in practice. In this article, I begin to fill this lacuna. Drawing on three empirical case‐studies of protesters’ experiences of arrest and the criminal justice process, I highlight the relevance of Orgreave for contemporary policing practice.     

Drug trafficking,the informal order,and caciques. Reflections on the crime-governance nexus in Mexico

ABSTRACT

While Mexico is widely considered as an example of consolidated statehood, the deepening of drug-related violence and insecurity has corroborated the existence and expansion of ‘dark spaces’ governed by coalitions of state and non-state actors driven by criminal and political interests. In contrast to the prevailing interpretations and public narratives, I will argue that it is historically and conceptually flawed to understand such expressions of limited statehood solely in terms of the proliferation of criminal organisations and the exacerbation of the so-called war on drugs only. Instead, I will examine the historical patterns in Mexican state-making, in which actors and practices of political ordering outside the state properly speaking exercise multiple forms of de facto sovereignty and governance. These arrangements, including caciquismo, accommodate distinct crime-governance manifestations. The article substantiates its claims by looking at the examples from different periods and regions such as Sinaloa, Sonora and Michoacán.     

THE LAWS,POLICIES, AND POLITICS OF REGULATING LEAD POLLUTION IN CHINA

This article examines the politics, laws and policies related to regulating lead pollution from lead-acid battery related manufacturing facilities in China. Particularly, this paper examines how China＇s Ministry of Environmental Protection （MEP） was able to force the temporary closure of nearly 90 percent of lead-battery manufacturing facilities within a period of months in 2011, after years of enforcement failures. The authors analyze the extent to which the Government＇s response to address lead pollution was based on laws and policies that can be systematically and consistently deployed by MEP as needed, or whether such measures are reliant on political will from outside MEP. Additionally, the authors are concerned with the extent to which China ＇s governance response to lead pollution primarily addresses environmental and public health issues; or rather it primarily addresses political and economic development issues, and whether this difference is significant. The article makes suggestions for how China can improve its environmental enforcement, and in so doing, contributes to a growing field of scholarship that examines environmental governance issues in the context of developing countries.     

Democracy and emergency: finding the constitutional foundation of the knowledgeable state in social dynamics

This article aims to bring to light the law–society dynamic relationship in constitutional governance by engaging with the question of political constitutionalism from the perspective of institutional epistemology. It first reframes the debate surrounding legal and political constitutionalism as one concerning the state's ‘epistemic competence’ in governance shaped by the constitution, and then traces how constitutional ordering has given rise to the ‘knowledgeable state’ by setting a unique social dynamic in motion: the ‘epistemico-political constitution’. Using the example of the World Health Organization's initial response to the COVID-19 pandemic, a the article presents a two-part argument. First, constitutional ordering institutes a process of knowledge production embedded in the interaction between the state and society – a unique law–society dynamic – that responds to governance needs. Second, given the current law–society dynamic in the suprastate political landscape, the legitimacy challenge facing expertise-steered global governance is further intensified as more crisis responses are expected from outside the state.     

From Marx to Market: Lawyers,European Law,and the Contentious Transformation of the Port of Genoa

What happens when international courts are asked to tackle local political controversies and their judgments subsequently spark contentious resistance? In the European Union (EU), scholars have posited that the politicization of the often‐liberalizing rulings of the European Court of Justice (ECJ) provokes Euroscepticism and noncompliance. In contrast, I argue that contentious politics may also produce permissive conditions for activist “Eurolawyers” to promote awareness of EU law and mobilize support for liberalization. To unpack this claim, I conduct an intensive case study of perhaps the most explosive controversy in Italy to generate litigation before the ECJ: The 1991 “Port of Genoa” case, where the public monopoly rights of a centuries‐old dockworkers' union were challenged. Leveraging interviews, court and newspaper records, public opinion data, and litigation statistics, I trace how—despite dockworkers' vigorous resistance—a pair of entrepreneurial lawyers liberalized Italy's largest port by combining strategic litigation with a public relations campaign to mobilize a compliance constituency. I conclude with insights the case study offers into the contemporary politics of transnational governance.     

Local Processes of National Corruption: Elite Linkages and Their Effects on Poor People in India

This paper provides a bottom–up view of national corruption in India and presents a framework of corruption involving three actors: bureaucrat, politician and legitimate claimant. The paper then focuses on the public service provision of social security in an Indian village and the role of elites in perpetuating the corrupt practices to access this public provision. This study is based on an extensive fieldwork and uses network data. First, I show that the political elite bridges the ‘structural hole’ between the institutions of state and society, have the advantage of information, referrals and are the main beneficiary of local corrupt practices. Second, factional politics is carried out through the use of corruption and it results in exclusion of the poor persons from the welfare rights to which they are entitled. The paper also explores how the local processes of corruption interact with state-level processes and shows how protest against corruption is silenced.     

The Priority of Liberty: An Argument from Social Equality

John Rawls’s thesis that a certain package of basic liberties should be given lexical priority is of great interest for legal and political philosophy, but it has received relatively little defense from Rawls or his supporters. In this paper, I examine three arguments for the thesis: the first is based on the two ‘moral powers’; the second, on the social bases of self-respect; and the third, on a Kantian notion of autonomy. I argue none of these accounts successfully establishes 1) the distinct claim of lexical priority, 2) for the complete package of basic liberties (including the fair value of the political liberties), on the basis of reasons that are appropriately public. In turn, I propose an alternative argument, in support of those two claims, based on the social or ‘relational’ conception of equality.

     

Images of welfare in law and society: the British welfare state in comparative perspective

Designed by Beveridge and built by Attlee's post-war Labour government, the welfare state was created during the 1940s. Britain has been seen – in domestic debates and internationally – as a world first: the place where both the idea and the practice of the welfare state were invented. I draw together comparative welfare state analysis with law and society scholarship (previously largely developed in isolation from one another) – as well as using British political cartoons as a source – to develop a revisionist historical critique of this conventional wisdom. First, the British welfare state has always been comparatively parsimonious. Second, the idea of the welfare state seems to have its origins outside the United Kingdom and this terminology was adopted relatively late and with some ambivalence in public debate and scholarly analysis. Third, a large body of socio-legal scholarship shows that robust ‘welfare rights’ were never embedded in the British ‘welfare state’.     

政务微博与政府治理改善

在中国的政治舆论生态中,政务微博是一个第一次跨越阶层和地域的公共领域。其向导国民、监督政府、批判、立法的价值理念,对社会民主政治建设、国家政治系统的运行以及政府治理改善起着重要作用。政府部门和官员运用政务微博,只有在心态、语言、行动、观念等方面遵循必要的原则,才能真正有效地做到政府治理的改善。     

Resisting ‘progressive’ carceral expansion: lessons for abolitionists from anti-colonial resistance

This article documents a government-led strategy to more closely integrate policing with community-based ‘crime prevention’ programming in the city of Winnipeg, Manitoba, Canada. These initiatives have targeted neighborhoods with large Indigenous populations. In this article I illustrate how community-level conflicts over responses to ‘crime’ are also sites of settler colonial conflict, and how settler colonial governance is reproduced and resisted through the governance of crime. Interviews with politicians, policy-makers, bureaucrats in the crime prevention branch of the provincial government, and directors and employees at community-based organizations suggest that the pursuit of the government strategy of integrated crime prevention and suppression has been more a project of attempting to ‘manage’ urban Indigenous people than serve their interests. As a contribution to abolitionist thought and theory, this article profiles sites of conflict between community police and community-based organizations over definitions of the ‘crime’ problem in city-center Winnipeg. These examples highlight a kinship between carceral abolitionist and decolonial politics.     

城市公共安全视阈中的流动人口问题应对：从管控到服务

从某种程度上讲,流动人口会给城市社会治安、资源与环境安全、公共卫生安全及经济安全等造成一定的风险.城市政府针对流动人口问题采取的传统管控方式已无法从根本上消除可能产生的安全风险.为此,政府在流动人口管理问题上需要实现由“管控”到“服务”的转变,变运动式治理为常态治理,通过制度建设促进社会融合,以此解决流动人口可能造成的社会风险问题.     

Crafting public security: demilitarisation,penal state reform and security policy-making in post-authoritarian Chile

ABSTRACT

Here I dissect the institutionalisation of ‘citizen security’ as a category and sector of public policy in post-authoritarian Chile. Deploying a Bourdieusian field theory approach and questioning narratives of security policies as responses to criminality or adaptations to democratic values, I argue that the construction of a new security policy sector – with a new consensus (distinct from that of National Security), with reformed police and courts in its core, leaving aside the military and extending beyond traditional agencies – derives from (i) struggles over policing and criminal justice reforms, (ii) tensions between the military and democratic authorities in democracy and (iii) performative integrations of the new policy components. These mechanisms explain the evolution of the security problem and the progressive aggregation of bureaucratic agencies and methods to the ‘public security policy’ – policing, judiciary, urban design, prisons and prevention plans. I close discussing alternative accounts of institutional variations in security governance in the region.