Money,Mortgages, and the Conquest of America

In colonial America, land acquired new liquidity when it became liable for debts. Though English property law maintained a firm distinction between land and chattel for centuries, in the American colonies, the boundary between the categories of real and personal property began to disintegrate. There, the novelty of easy foreclosure and consequent easy alienation of land made it possible for colonists to obtain credit, using land as a security. However, scholars have neglected the first instances in which a newly unconstrained practice of mortgage foreclosure appeared—the transactions through which colonists acquired land from indigenous people in the first place. In this article, I explore these early transactions for land, which took place across fundamental differences between colonists’ and native communities’ conceptions of money, land, and exchange itself. I describe how difference and dependence propelled the growth of the early American contact economy to make land into real estate, or the fungible commodity on the speculative market that it remains today.     

Contesting Legality in Authoritarian Contexts: Food Safety,Rule of Law and China's Networked Public Sphere

Since the introduction of the Internet, China's networked public sphere has become a critical site in which various actors compete to shape public opinion and promote or forestall legal and political change. This paper examines how members of an online public, the Tianya Forum, conceptualized and discussed law in relation to a specific event, the 2008 Sanlu milk scandal. Whereas previous studies suggest the Chinese state effectively controls citizens' legal consciousness via propaganda, this analysis shows that the construction of legality by the Tianya public was not a top‐down process, but a complex negotiation involving multiple parties. The Chinese state had to compete with lawyers and outspoken media to frame and interpret the scandal for the Tianya public and it was not always successful in doing so. Data show further how the online public framed the food safety incident as indicative of fundamental problems rooted in China's political regime and critiqued the state's instrumental use of law.     

Window of opportunity: Reflections on an idea fashionable in the west

The essay warns about the extreme danger of the fashionable idea that the West has only a marginal role to play in Russia's integration into the world community. It does not take into account the ferocious war of ideas in post‐Soviet Moscow which all but insures that nationalist ambition ‘to return Russia to the status of a leading global power’ would come out a winner. As a result of this the window of opportunity that opened after the disintegration of the Soviet empire may well slam shut again. The only way to prevent it seems to be for the West to create its own strategy of Russia's integration in which the dominant up to now theme of economic assistance (hardware) is replaced by the theme of intellectual participation (or the software of integration). That is why the purpose of the essay is to try to offer a logical set of criteria that could provide the basis for such an intelligent strategy.