澳大利亚、新西兰、香港、加拿大传闻法律改革及酝酿中的改革——以“先前不一致陈述”为重要视角

本文概览了澳大利亚、加拿大、新西兰、香港等四个主要的环太平洋普通法系国家和地区的传闻法律改革,尤其关注与先前不一致陈述相关的改革。指出先前不一致陈述事关"被告人获得公平对待"以及"证人的人权"等基本原则,因此,如何对待先前不一致陈述将成为一项有效的指标,通过该指标。我们得以评价传闻法律改革中的关键原则以及个人权利在大多数严重犯罪的起诉、审判过程中的境况。认为无论借助成文法还是借助先例,公正的传闻法改革应当适用某些相互一致的基本原则,包括放宽采纳传闻的条件决不能以错案数量增长或不公正审判为代价,将传闻改革与保护被告人、证人的基本权利紧密联系起来,保护证人不受任何形式的强迫或不当侦查行为的干扰,辩护律师必须能够无拘束地对陈述可采性加以质疑,通过充分、及时地开示证据来分析有争议的证据的可采性等。     

When Deterrence and Death Mitigation Fall Short: Fantasy and Fetishes as Gap‐Fillers in Border Regulation

Drawing on fieldwork and political theory with Lacanian psychoanalytic influences, this article analyzes how fantasy and fetishes help sustain strategies shown to be no solution to U.S. border control problems. More than a decade after the official launch of the border control paradigm of “prevention through deterrence,” predicated on the assumption that ramping up walls, barriers, policing, and the human costs of border crossing would deter, there has been scant evidence of deterrence and much evidence of diversion of migrants to more dangerous crossing points where death rates have soared. Attempts to mitigate the cost to life have also proved ineffective but have persisted alongside the policy of diversion. The article is based on research in a region where the reality of diversion and death instead of deterrence was lived but where people still pursue projects of barrier‐building and death mitigation that they know to be ineffective. The article analyzes how fantasy fuels action despite knowledge and occludes a traumatic element around which the symbolic order of border law is structured: the foundation of “good life” with its bounty of rights, privileges, and opportunity on the exclusion of basic life denuded of the entitlements that make the good life sweet. The article also examines how fetishes are used to cope with unrealized hopes and to diffuse the impact of the traumatic knowledge that good life is undergirded by the exclusion and even death of basic life.     

Power in Editorial Positions: A Feminist Critique of Public Administration

Journal editors serve a vital, powerful role in academic fields. They set research priorities, serve as gatekeepers for research, play a critical role in advancing junior scholars as reviewers and eventually into editorial roles, build extensive networks, and gain valuable insight into the behavior and preferences of reviewers and scholars. This article analyzes data collected from leading public administration journals in 2017 to investigate the role of women as gatekeepers of public administration knowledge. The data illustrate a clear underrepresentation of women on editorial boards. Drawing from these data, research on journal editorships, and feminist theory, the authors present a critique of the current state of public administration research and a discussion of a way forward. They conclude with a proposal for how all public administration scholars (junior, senior, men, and women), journal leadership, and academic departments can move toward increasing women's representation in these important positions.     

Laura A. Henry and Lisa McIntosh Sundstrom,eds., Bringing Global Governance Home: NGO Mediation in the BRICS States

Journal of Chinese Political Science -     

Ethnic conflict and elite bargaining: The case of Belgium

Ethnic cleavages have dominated Belgian politics for two decades, fragmenting the party system. Constitutional solutions have only met with limited success. In this article two theoretical approaches are applied to the Belgian situation: consociational elite accommodation and bargaining processes in conditions of common and conflicting interests. Bargaining theories, which deal with the actual process of accommodation and give adequate weight to contextual factors are found to explain the situation more adequately than theories which rely on a particular set of consociational ‘devices’.