Palestinian state‐building: police and citizens as test of democracy

This article explores police‐society relations by assessing the impact of current state‐building efforts by the Palestinian National Authority (PNA) in the Gaza Strip and part of the West Bank. The article presents an outline of the emerging civilian policing model and its wider implications for citizens’ rights and the dominant political order. The specific focus of the paper rests on an examination of the potential tensions associated with the perceived need for strong coercive security structures (including the civil police) as part of state‐building efforts and the desire by the population for increased freedom and pluralism. This issue is further complicated by the ambiguous nature of the current experiment in limited autonomy underway in those areas of the West Bank and Gaza Strip where Israeli redeployment has taken place.     

The Shi'a of Saudi Arabia: a minority in search of cultural authenticity

This article focuses on the transformation of Saudi Shi'a resistance from one which centred on military confrontation in the 1980s to one which invokes searching for cultural authenticity (al‐asala al‐shi'iyya) in the 1990s. Today the struggle of the Shi'a for equal status among the Sunni majority draws attention to the attempts of Shi'a intellectuals to write their own regional history. Shi'a intellectuals and opposition leaders deconstruct official representations of themselves and provide alternative historical narratives which anchor their community in Saudi history and society, thus dismissing suggestions that they are a non‐indigenous community. This article examines Shi'a historical narratives in an attempt to understand the transformation in their struggle against discrimination in Saudi Arabia.     

Risk management for targeting customs controls in developing countries: a risky venture for revenue performance?

Customs authorities in developing countries are often reluctant to forget systematic inspections for fear of risking revenue loss. Such physical inspections however, impede rather than facilitate trade. Control selectivity is therefore a key issue in customs administration reform. This paper shows how a sophisticated risk management method can facilitate trade by automatically and rationally selecting transactions, with the end result of actually enhancing revenue performance. Copyright © 2005 John Wiley & Sons, Ltd.     

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.     

Limits of regulatory responsiveness: Democratic credentials of responsive regulation

Responsiveness and accountability constitute the process of democratic representation, reinforcing each other. Responsiveness asks elected representatives to adopt policies ex ante preferred by citizens, while accountability consists of the people's ex post sanctioning of the representatives based on policy outcomes. However, the regulatory literature tends to interpret responsiveness narrowly between a regulator and regulatees: the regulator is responsive to regulatees’ compliance without considering broader public needs and preferences. Democratic regulatory responsiveness requires that the regulator should be responsive to the people, not just regulatees. We address this theoretical gap by pointing out the perils of regulatory capture and advancing John Braithwaite's idea of tripartism as a remedy. We draw out two conditions of democratic regulatory responsiveness from Philip Selznick – comprehensiveness and proactiveness. We then propose overlapping networked responsiveness based on indirect reciprocity among various stakeholders. This mechanism is the key to connecting regulatory responsiveness with accountability.