The communitarian revolutionary subject: new forms of social transformation

Abstract

The hope for a unique revolutionary actor in the twentieth century evaporated as a result of the weaknesses of social organisations. This paper examines the potential of an almost-forgotten group of revolutionary actors – collectively organised and deliberately involved in processes of social and productive transformation with a legitimate claim to territory – whose present-day activities involve them in concerted processes to consolidate a different constellation of societies on the margins of the global capitalist system. Indigenous and peasant communities throughout the Americas are self-consciously restructuring their organisations and governance structures, taking control of territories they claimed for generations. They are also reorganising production to generate surplus, assembling their members to take advantage of underutilised resources and peoples’ energies for improving their ability to raise living standards and assure environmental conservation and restoration. These communities are not operating in isolation. They coordinate activities, share information and build alliances. Hundreds of millions of people are participating in this growing movement; they occupy much more than one-quarter of the world’s land area. There is great potential for others to join them, expanding from the substantial areas where they are already operational. Global social networks are ensuring that this dynamic accelerates.     

Branding K-REDD+ and its implications for South Korea's middle power diplomacy

ABSTRACT

The need for new and stronger middle power diplomacy is growing as global challenges are increasingly governed by various horizontal inter- and trans-national networks. Climate change is one of the most complex and urgent global challenges that require collective action, and it is an issue for which more middle power leadership is greatly needed. The Republic of Korea (ROK) has been successful in becoming a primary actor in green growth governance, and its success has been attributed to its strategic middlepowermanship, integrating both material and ideational contents. Reducing emissions from deforestation and forest degradation (REDD+) in tropical developing countries has been lauded as an immediate and effective solution to mitigate climate change. ROK's unique history of forest transition before rapid economic growth highlights the fact that improving forest management is possible even with imperfect governance, rapid population growth, and low economic development. The lessons learned from ROK's forest transition can be developed as a distinct contribution to the international effort to address forest-related impacts on climate change, and offer an important opportunity for ROK to play a constructive role and achieve enhanced stature within the international community.     

The Heathrow Case in the Supreme Court: Climate Change Legislation and Administrative Adjudication

In R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd the UK Supreme Court allowed an appeal against the Court of Appeal's decision that there had been a series of legal errors in the designation of the Airport National Policy Statement. This case note analyses the case from an ‘internal’ doctrinal perspective and argues that the Supreme Court could have engaged more explicitly with the legal issues that arise from climate change legislation for administrative law adjudication. For courts to adjudicate well in such circumstances they need to be prepared to develop administrative law doctrine, particularly in light of the issues of integrating climate change into public decision-making and of scientific/policy uncertainty which lie in the background of climate change legislation.     

Nudging the Neoliberal Agenda: Administrative Opportunities in the Deregulated State

The current climate of neoliberalism in the executive branch is attended by active deregulation and distrust of the administrative state. As protections are rolled back, there is concern that individuals may be susceptible to information asymmetries that will influence their decision making, leading to detrimental outcomes for both their own and the general welfare. Behavioral public administration—the bureaucratic conception of “nudge” theory—offers ways to counter the pitfalls that come with greater freedom of choice, as promoted by the neoliberal agenda. Public administrators may employ alternative mechanisms, such as choice architecture, to help people make better decisions in the absence of explicitly protective regulations. After laying out the argument for a behavioral approach, this article analyzes several neoliberal agenda issues with potential nudge responses for practical implementation, as well as a justifiable call for action to protect the public welfare in the absence of policy guidance.     

Jurist in Context: William Twining in Conversation with David Sugarman

This discussion derives from extended conversations between William Twining and David Sugarman in which William talks about his latest book, Jurist in Context: A Memoir (JIC). JIC recounts the development of William's thoughts and writings, addressing topics central to his life and research. The dialogue conveys and extends the arguments on a selection of the topics addressed in the book, engaging with issues of particular interest to readers of this journal. Here, William adds a more personal commentary to his formal publications. The conversation facilitates reflection on issues such as law teaching and legal scholarship; the meaning, use, and limitations of ‘law in context’; and the role and character of jurisprudence. It also offers a fascinating window on the development of, and the struggles surrounding, legal education and academic legal thought over the second half of the twentieth century and the early part of the twenty-first.