Morality, Identity and "Constitutional Patriotism"

In a modern, plural society, there can be no settled agreement on the concrete legal content of a country's constitution. The idea of the constitution is nonetheless pivotal in contemporary, liberal-minded theories of political justification, such as the ones advanced by Jürgen Habermas and John Rawls. Justification in these theories depends finally on "constitutional patriotism," a consciously shared sentiment arising from an ethical assessment of their country by the country's people, according to which the country credibly pursues a certain regulative political ideal for which the constitution stands.     

Feminism,activism and academe: a personal reflection

How the political project of feminism entered academe and how it became an educational project is the subject of this article. It is based upon personal reflection about undertaking the study for a book, Feminism, Gender and Universities: politics, passion and pedagogies. In the book, three successive generations or cohorts of feminists in academia are discussed, starting with those who are now considered ‘second-wave feminists’. In this article the notion of ‘second-wave feminism’ is examined and also how successive cohorts see feminist knowledge in relation to their own education through doctorates or wider forms of learning.     

Of white whale and countrymen in the eighteenth‐century Maratha Deccan. extended class relations,rights, and the problem of rural autonomy under the old regime 1

The problem is simply stated, but resists solution. We begin with the classical historiographic images of Old Regime societies of South Asia and suggest that beneath the surface of abstract formulations for and against these images, unrecognised difficulties of assumption and method allow them to persist in the contemporary imagination. This not only hampers understanding of historic societies, taken individually, but prevents proper assessment of their comparative significance on an international plane. The relationship between these images of discontinuity and similar sociological images of European peasantry is not coincidental. The errors of the latter are demonstrable through an abundant historiography; the burden of this essay is directed towards a solution to the former. We provide an empirically‐based structural study of social relationships in the countryside of Maharashtra in the 150 years preceding European occupation: a) to begin the accumulation of examples that contradict the received images; b) to provide an analysis of one Old Regime society for its own comparative sake. By examining the social distribution of certain types of right and of access to control of land, we demonstrate the existence of powerful forms of social dominance transcending the frontiers of the village, and strongly influencing the organisation of social, economic and political life in the countryside. Whilst we focus on a specific structural problem (namely, the conception of social totality and its internal ordering), the conclusion and footnotes permit the actual dynamism of the forms of relationship studied to emerge in incipient statement on social change under the old order.?     

Mainstreaming the Duty of Clarity and Transparency as part of Good Administrative Practice in the EU

Abstract: Language rights in the EU tend to be viewed in terms of the respect of national identity on the one hand and the clear and harmonised application of the internal market on the other. It is argued that an efficient language policy in the EU is one that reconciles respect for diversity with the need for effective communication. The use of specialist jargon in effect consolidates networks and power, of which there are two separate but related dimensions. The first is the external dimension of language, namely the lingua francaof deliberation, be it English, French, German, and so on. The second dimension refers to the use of élite codes, that is, language for ‘insiders’, which operates in spheres of politics, the law, economics, culture, medicine, and so on. It is the latter which the EU language rights régime has neglected. The absence of enabling provisions governing a duty of clear language renders democratic legitimacy intended by the former relatively meaningless. It is argued that the law can protect, facilitate, safeguard, and encourage clarity and transparency as part of good administrative practice. The duty to use language in a clear and comprehensible manner that has arisen in relation to producers in the EC law context of consumer rights is a useful case in point.     

政治附庸还是忠诚公仆?——关于日本司法系统的两种看法

本文分析了二战后头五十年内关于日本司法系统的两种观点。一种观点认为日本法官自愿成为执政党的政治附庸,另一种则认为他们是世界上最独立和诚实的司法人员。双方都同意,作为日本司法系统的特征,对个体法官进行紧密的官僚制控制使得司法系统统一并且和谐运转,但这也导致了日本法官更趋向于服从重森严的等级,而非法律的教义。就这一点而言,日本司法系统可能成为其他国家,比如中国的可借鉴利用的模型,因为后者正在缺乏大量法律从业人员的情况下建设新的司法系统。必须注意的是,日本司法系统是在能够缓和极权倾向的有效民主制度中运行的。作为最终的结论,所有的司法系统都是极具政治性的,他们的所有工作都是以其自身所处的制度文化和政治文化为背景而展开的。本文也分析了各持上述一种观点的两位学者间互相冲突的方法论:马克·拉姆塞耶的回归分析和理性选择假说以及约翰·黑利的传统比较法制度历史分析。本文比较了两种方法论的强处和弱处,并体现了以下两点:第一,至少在这里,定量分析进路强调了个体选择的作用,而定性分析则强调了制度设置;第二,尽管定性分析能提供更为宽广的叙述,但也以故事中空白情节的人为虚构和因此造成的结果走样为代价。     

Correlates of crime in Taiwan

Taiwan is known for rapid economic growth, but in 1988, the government ended 40 years of martial law, resulting in greater political and social freedoms. This paper explores the influence of economic, social, and political structures on crime in the Republic of China on Taiwan. A time series analysis examines the structural correlates of crime in Taiwan from 1964 to 1990. Both total crime and burglary/larceny rates are regressed on seven independent variables derived from various theoretical perspectives. The results support Hagan's power-control and Christie's crime-industry perspectives for total crime, while measures assessing lack of economic means and the economic deprivation were significant for burglary/larceny.