Ultimate Legality: Reading the Community of Law

This article is a contribution to the occasional series dealing with a major book that has influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geoffrey Bindman, Harry Arthurs, André-Jean Arnaud, Alan Hunt, Michael Adler, Lawrence O. Gostin, John P. Heinz, Roger Brownsword, Roger Cotterrell, Nicola Lacey, Carol J. Greenhouse, and David Garland. An initial twist: several acute observers would consider the way I read to be the most influential effect of reading on me – a way of reading that extends beyond the specificity of the text yet, in so doing, connects integrally with it. Salvation of specificity is at hand, however. That way of reading is intimately reflective of Derridean deconstruction and a hugely influential reading becomes his ‘Force of Law’. A problem ensues. Other influential reading came before my love of Derrida – influential reading to do with law and society (of course), with decolonization and imperialism, with engaged anthropology, and with critical legal studies. A retrospective revelation then follows. Derridean deconstruction is found to haunt and inform these other readings. They can be read in a way that inherently anticipates deconstruction. Some culminating coherence is offered by the inescapable insistence of community and the mutually intrinsic fusion of community and law.     

Social Policy by Other Means: Theorizing Unconventional Forms of Welfare Production

Abstract

The goal of this special issue is to highlight the importance of unconventional social policies, theorize their development in comparison with traditional welfare state accounts and outline a new research agenda. In this introduction to the special issue, the editors present the concept of social policy by other means as encompassing two kinds of unconventional social policy (from the point of view of mainstream comparative research): First, functional equivalents to formal systems of social protection and, second, non-state provision of benefits. The concept builds upon a sizeable, but fragmented literature in comparative welfare state research. While numerous examples demonstrate that social policy by other means is more pervasive in both OECD and non-OECD countries than often acknowledged, a brief survey of the top 20 articles in the field reveals that this fact is not sufficiently reflected in the academic literature. With reference to both existing studies and the contributions to this special issue, the editors go on to explore (1) the different forms of social policy by other means, (2) explanatory theories and (3) their effectiveness in terms of social outcomes. They close by outlining a research agenda.     

Regulating for media pluralism and the pitfalls of standortpolitik: the reregulation of German broadcasting ownership rules

Germany has witnessed a veritable television boom over the last ten years. However, the plethora of new private channels masks an underlying duopoly, a concentration of media power that has not been prevented by an elaborate system of regulation. This article maps these developments, particularly the Lander competition for investment, the structural power of the media industry, and the emergence of a media policy ‘Grand Coalition’ between SPD North Rhine‐Westphalia and CSU Bavaria. It assesses the Federal Constitutional Court's role and highlights the public broadcasters’ crucial function to act as a pluralistic counterbalance in the dual public/private broadcasting system.     

我爱北京

我叫Peter Gonzalez,来自美国的加利福尼亚。12年前,我从加州来到了中国。在这以前,我对中国是一无所知。当我穿着短裤踏上中国的土地,中国人都用奇怪的眼神看着我。当时是秋天,天气已经很凉了,他们一定认为,这个老外疯了。我心里清楚,我没疯,只是心里越来越兴奋,因为我喜欢上了中国,喜欢上了北京。