Making Land Rights Accessible: Social Movements and Political-Legal Innovation in the Rural Philippines

In recent years, rule of law and legal reform has grown to be a major concern of national governments, international financial institutions, development agencies and donor organisations. Part of this concern has focused on expanding access to justice for the poor. However, little effort has gone into understanding the role of justice sector institutions in shaping the opportunities and limits of redistributive justice. Little attention has been paid to the actual workings of obstacles entrenched within the justice sector to land reform, for example. Instead, pro-market scholars cite difficult legal problems as a reason to turn away from state-led land reform and toward market-oriented land policies. Yet as this paper shows, a closer look at the details of dynamics around land reform in the Philippines suggests that political-legal problems associated with implementation of the agrarian reform law can be overcome under certain conditions. It is argued that for rural poor claimants it is important to have access to a support structure for political-legal mobilisation, particularly an alternative ‘rights-advocacy’ outreach network, and also to adopt an integrated political-legal strategy. An integrated political-legal strategy is one that is capable of activating state agrarian reform law, exploiting independent state actors' pro-reform initiatives, and resisting the legal and extra-legal manoeuvres of anti-reform elites. However, such a strategy appears to have limits as well.     

Struggles for land and livelihood

Abstract

Scholars, policy practitioners, and political activists alike have had difficulty grappling with the complex dynamics that have unfolded over the past decade and a half in Philippine banana plantations in the context of the 1988 agrarian reform law. While some focus their attention exclusively on land redistribution issues, others concentrate on the modalities of contract farming and still others emphasize trade union issues — all to the neglect of underlying agrarian dynamics. Relatively few have attempted a more integrated examination of developments in this sector of the Philippine economy. The still-limited availability of studies of land-reform-related experiences in agribusiness plantations outside the Philippines further constrains our understanding of the issues arising in Philippine plantations. This article tries to build on and deepen previous attempts at understanding the complex and confusing dynamics involving the banana elite, the state, and various segments of organized farmworkers and to fill in an important gap in the literature, using an integrated, rights-based, and process-oriented historical-institutional approach. It cites two reasons for an unexpectedly contingent land reform process in commercial banana farms in the Philippines: (1) the surprisingly unsettled character of the prevailing political-legal institutional environment within which land and livelihood struggles are playing out, and (2) the diverse perceptions among farmworkers of the meaning and purpose of, and opportunity for, land reform.     

Raman Spectroscopy as a Simple,Rapid, Nondestructive Screening Test for Methamphetamine in Clandestine Laboratory Liquids

Raman spectroscopy has found increased use in the forensic controlled substances laboratory in recent years due to its rapid and nondestructive analysis capabilities. Here, Raman spectroscopy as a screening test for methamphetamine in clandestine laboratory liquid samples is discussed as a way to improve the efficiency of a laboratory by identifying the most probative samples for further workup among multiple samples submitted for analysis. Solutions of methamphetamine in ethanol, diethyl ether, and Coleman fuel were prepared in concentrations ranging from 0.5% to 10% w/v, and Raman spectra of each were collected. A concentration‐dependant Raman peak was observed at 1003 per cm in each solution in 4% w/v and greater solutions. Case samples were analyzed and also found to reliably contain this diagnostic peak when methamphetamine was present. The use of this diagnostic indicator can save the forensic controlled substances laboratory time and materials when analyzing clandestine laboratory liquid submissions.     

Oxytocin and the Biological Basis for Interpersonal and Political Trust

Political scientists have documented the many ways in which trust influences attitudes and behaviors that are important for the legitimacy and stability of democratic political systems. They have also explored the social, economic, and political factors that tend to increase levels of trust in others, in political figures, and in government. Neuroeconomic studies have shown that the neuroactive hormone oxytocin, a peptide that plays a key role in social attachment and affiliation in non-human mammals, is associated with trust and reciprocity in humans (e.g., Kosfeld et al., Nature 435:673–676, 2005; Zak et al., Horm Beh 48:522–527, 2005). While oxytocin has been linked to indicators of interpersonal trust, we do not know if it extends to trust in government actors and institutions. In order to explore these relationships, we conducted an experiment in which subjects were randomly assigned to receive a placebo or 40 IU of oxytocin administered intranasally. We show that manipulating oxytocin increases individuals’ interpersonal trust. It also has effects on trust in political figures and in government, though only for certain partisan groups and for those low in levels of interpersonal trust.     

The Role of MI5 in the Internment of British Fascists during the Second World War

Despite the controversy that will inevitably continue to surround Britain's use of executive detention to contain domestic fascists during the Second World War, recently declassified Security Service (MI5) records reveal the details of MI5's role in the defence regulations. MI5 was one of three bodies responsible for the administration of Defence Regulation 18b (DR18b) and as such its power was limited by an inherent system of checks and balances. As others have suggested, the administration of DR18b was full of tension; however, it is now apparent that this tension was a positive feature of the defence regulations and one that protected the individual rather than condemned him. The strategic detention of key figures from Britain's fascist circles effectively destroyed the ability of fascists to function in unified organizations. Newly available records provide answers to previously unanswerable questions related to the nature of the fascist threat as it was perceived and as it changed throughout the war.     

Shadow boxing in family politics: reply to Martin Durham

In his writings on government foucault commonly uses term ‘political’ as if it were equivalant to a certain understanding of governmental. Thus, in the title of his cotribution to the Tanner Lectures on Human Values, ‘Omnes et Singulatim, towards a criticism of ”political reason“, the object of Foucault's usage of the term ‘political’ to refer to a kind of govrmetal reason. Second, I argue that the practice of what Foucault understands by political reason in fact creates coditions for the emergence of a politics and a political reason of a very different kind. The appearance of this latter political reason poses a range of problems which must be addressed by any political (in the sense of governmental) reason but which play little part in Foucault's discussion. It Suggests, in particular, that Foucault's account of the liberal rationality of government is seriously incomplete. Third, I consider the grounds for Foucault's counterposition of political reason to liberation, noting that his critique of political reason as a principle of subjectivation raises a more general issue, which he describes as ‘the politics of ourselves’ (Foucault 1993: 223). I conclude by noting that Foucault's discussions of political reason lead in two very different directions: towards a powerful analysis of the practices and rationalities of government in the modern West or towards a radical critique of most forms of government, including the modern government of oneself.     

Beyond Border Security: Feminist Approaches to Human Trafficking

International human trafficking—sometimes referred to as modern-day slavery—has increasingly come to be seen as a security threat. The question remains as to what kind of threat human trafficking poses. Traditional security approaches to international human trafficking call for analysis of trafficking as a threat to the state and to state control of borders. Traditional security analyses of trafficking therefore emphasize border security, migration controls, and international law enforcement cooperation. Feminist analyses of human trafficking challenge the traditional security framework, prioritizing the security of trafficked persons and recognizing the manner in which victims are threatened by both traffickers and the state itself. I argue that feminist approaches to human trafficking are essential for understanding and combating the phenomenon. Feminists identify the ethical and pragmatic grounds for broadening the analytical focus from states to people. Feminists' most important contribution, however, lies in the investigations of the social construction of human trafficking, which highlight the destructive role that sexist and racist stereotypes play in constructing the category of trafficking victims.     

Apologies in International Politics

This article examines the growing conventional wisdom that apologies and other acts of contrition are necessary for international reconciliation. I create and test a theory that connects a country's remembrance with that country's image—threatening or benign—in the eyes of former adversaries. I evaluate the theory in two post-World War II case studies: South Korean relations with Japan and French relations with Germany.

This article offers three major findings. First, it substantiates the claim that denials inhibit reconciliation. Japanese denials and history textbook omissions have elevated distrust and fear among Koreans (as well as Chinese and Australians). Second, although whitewashing and denials are indeed pernicious, the conventional wisdom about the healing power of contrition must be seriously reconsidered. Evidence from the Japanese and other cases suggests that contrition risks triggering a domestic backlash, which alarms former adversaries. Finally, there is good news for the prospects of international reconciliation: countries have reconciled quite successfully without any contrition at all. West Germany actually offered very little contrition at the time of its dramatic reconciliation with France; many other countries have restored close and productive relations without contrition. The best course for reconciliation is to remember the past in ways that are unifying, rather than divisive, and minimize the risk of backlash.