Netherlands East Indies: The Large Colonial Surplus of Indonesia, 1878‐1939

Surprisingly few previous contributions to estimates of Indonesia's colonial surplus have been made, all of them using the export surplus method. Having defined the colonial surplus, the export surplus method is rejected here as unnecessary and misleading. The Indies balance of payments data are used critically for the first time. Adding missing items and further analysing an odd but very big private item much larger estimates of the colonial surplus are produced. A comparison with the colonial surplus of British India is made. In all, the new colonial surplus for the Netherlands East Indies is estimated at almost 24 billion guilders, approximately US$10 billion or some US$156 billion in today's terms. Those figures are considered large indeed.     

Civil society,democratization and development (II): Two country cases

Part II of this article applies the definition of ‘civil society’ and explores the hypotheses about its political role in the process of democratisation developed in Part I, in the context of two country case studies, South Korea and Zambia. These are chosen because of the contrasts in their developmental performance and in their level of socio‐economic development. In both countries, the forces of civil society played a major role in the transition to a democratic regime, but the prospects for sustainability vary. In the South Korean case, certain elements of civil society have grown along with the industrialization process and constitute a powerful force both to prevent an authoritarian reversion and to deepen the democratic process, in spite of the continuing strength of state elites left over from the ancien regime. The prospects for democratic sustainability are also improved by the maintenance of a growth momentum. In Zambia, however, the social and economic situations are still dire, the democratic elements of civil society are weak and divided and the state itself is in a ruinous condition. This leads one to be more pessimistic about the longer‐term prospects of democratic politics there. The article concludes by raising the issue of how democratic systems, once established, may be shaped to enhance both their political survival and their developmental capacity, with particular emphasis on the relationship between the state, political society and civil society.     

Deepening democracy through community dispute resolution: problems and prospects in South Africa and Chile

Post-apartheid South Africa and post-Pinochet Chile have taken significant steps to democratize justice. This article acknowledges conventional reforms of both countries’ criminal justice systems but focuses primarily on case studies of participatory and restorative initiatives that have attempted to expand the theory and practice of public safety practices in non-state settings. The experience of resolving interpersonal disputes in new democracies and what it means for the people who do it is examined. The research hypothesized that public participation in matters of justice and security can foster more active citizenship, a contribution to deepening democracy in countries in transition, as South Africa and Chile have been since the early 1990s. The experiences of the Community Peace Program and the Barrio Sin Violencia shed light on both the potential and the limitations of efforts to deepen democracy through community dispute resolution. They suggest that whether or not public participation in matters of justice and security fosters more active citizenship in democratizing countries depends on complex cultural and historical influences, including perspectives on sources of authority, institutional patterns of justice, and mutual trust.     

Young Offenders Speak About Meeting Their Victims: Implications for Future Programs

Victim–offender mediation (VOM) programs have gained considerable popularity in juvenile courts, yet little is known about how these programs actually influence offenders. This paper explores young offenders’ subjective experiences of voluntary participation in a county‐run VOM program in Minnesota. The authors conducted in‐depth, qualitative interviews with seven young offenders (aged 15–24), and four sets of their parents, who had recently participated in a VOM session with their crime victim(s). Data analysis revealed varying motivations for the offenders’ participation in the sessions, a range of emotional consequences, and some potential for enduring behavior change. Based on these findings, the authors propose guidelines for future practice and research with young people involved in mediation, conferencing, and restorative justice programs.     

Human Rights as a Security Threat: Lawfare and the Campaign against Human Rights NGOs

In this article, I show how the term lawfare is being deployed as a speech act in order to encode the field of human rights as a national security threat. The objective, I claim, is to hinder the work of human rights organizations that produce and disseminate knowledge about social wrongs perpetrated by military personnel and government officials, particularly evidence of acts emanating from the global war on terrorism—such as torture and extrajudicial executions—that constitute war crimes and can be presented in courts that exercise universal jurisdiction. Using Israel as a case study, I investigate the local and global dimensions of the securitization processes, focusing on how different securitizing actors—academics, nongovernmental organizations, think tanks, policy makers, and legislators—mobilize the media, shape public opinion, lobby legislators and policy makers, introduce new laws, and pressure donors to pave the way for a form of exceptional intervention to limit the scope of human rights work.     

The admissibility and persuasiveness of expert evidence

Parenting plan evaluators are expert witnesses who offer their opinion. Courts in common law jurisdictions generally do not accept evidence of an opinion as it is not considered to be reliable evidence from which to establish a fact. An exception to that general principle is expert opinion evidence. In short, an opinion from a person with specialized knowledge or expertise about the area in which they are an expert may be sufficiently reliable to form an evidentiary basis from which to make a finding of fact, provided the opinion meets certain criteria. These criteria will be discussed in this article, as well as what is relevant, reliable and persuasive evidence. The relevant legal principles will be examined in an historical and contemporary, theoretical and practical context. The authors reflect on their considerable experience as consumers of expert evidence and apply this to parenting plan evaluations, as well as considering future challenges in the field.