Fragility within stability: the state,the clan and political resilience in Somaliland

Abstract

Even in the context of a relatively flourishing state, fragility can be an enduring feature of a political system, particularly in the case of recently established or unrecognised states. This article examines the nature of state-building in a specific context to question the assumption that forms of hybrid governance or pre-existing forms of governance are a necessary evil to be tolerated but which needs ultimately to be overcome during state-building. It does this by adopting the language of resilience and focusing on the case of Somaliland to highlight the role of clan governance as a mechanism of political resilience and as a means of promoting the flexibility required for state-building. Yet, at the same time, the process of state-building often involves formalising governance and limiting the role of traditional social-political forms of governance such as clans, ignoring their role in legitimating and stabilising the political system. However, as this article argues, stability and fragility are inextricably linked; while the clan system has been an important force in stabilising the state, it has also become a pressure point for the state’s latent fragility. By contextualising fragility and stability within the language of resilience, though, this symbiotic relationship can be better analysed.     

The Diffusion of the Concept of Public Figure in China

This article considers how and why the legal concept of public figure, which holds public figures to a higher standard that makes it more difficult for them to recover damages when suing for libel, has been diffused in China. The public figure concept developed in the U.S. context as an extension of New York Times v. Sullivan from public officials to public figures, reflecting the deeply embedded value of freedom of expression. Despite authoritarianism in China, the concept was adapted in the rulings of some local courts to define the limits of the right to reputation. The diffusion was a response to a stream of litigation against media organizations. In the process of diffusion and adaptation, courts have acted strategically to reshape the public figure concept and refashion its justifications. Given the political constraints on courts in authoritarian China, they have been careful to avoid applying the concept to public officials, and instead have applied the concept to public figures such as celebrities. The diffusion of the concept in China sheds light on theories of legal diffusion more broadly, by illustrating how the process of diffusion can be bottom‐up and open‐ended, and how it can occur even in a counter‐intuitive case in which there are significant political and ideational differences between the two countries.     

Legal Representation in the Juvenile Dependency System: Travis County,Texas’ Parent Representation Pilot Project

This study examines outcomes related to a parent representation pilot program in Travis County, Texas. Participation in the pilot program was related to earlier attorney appointment, a higher percentage of attorney presence across the life of the case, and a higher percentage of permanent outcomes for children. Parents’ percentage of presence at hearings across the life of the case was related to the child being returned home, dismissal of the juvenile dependency petition, and permanent management conservatorship. Early attorney appointment (i.e., less than 10 days from the initial hearing to full appointment) was related to permanent case outcomes.     

Reviving Social Rights in Latin America: The Potential Role of International Human Rights Documents

Social rights are essential to our ability to fully participate in society. In Latin America, these rights are increasingly marginalized as neoliberal policies take hold. At the same time, the related concepts of civil society and social capital are often incorporated into strategies aimed at alleviating the problems of the Latin American poor. It is expected that by strengthening people's civic capacity, their sense of mutual responsibility and ability to self-provide certain services will be enhanced. In the context of the current policy environment, however, such strategies are unlikely to be entirely successful. Lack of economic resources may preclude the Latin American poor from effective civic participation. More importantly, the promotion of civil society and social capital on the part of aid agencies and governments may represent an implicit threat to social rights, in as much as the organizations advocated are not likely to actively struggle for expansion of rights. Nevertheless, human rights documents such as the Universal Declaration of Human Rights and the Convention on the Rights of the Child provide a base upon which rights-based movements can be constructed.     

Restorative Justice and “Empowerment”: Producing and Governing Active Subjects through “Empowering” Practices

During the last quarter-century, restorative justice has emerged as a widely-utilised response to crime in Western nations. This article, which stems from a Foucauldian genealogy of restorative justice, argues that its embeddedness within the discourse of “empowerment” renders restorative justice a politically acceptable response to crime. “Empowerment”, it is argued, is one of many conditions of emergence of restorative justice. The discourse of “empowerment” underpins restorative justice in tangible ways, and has informed legislation and policy in Western jurisdictions. This article seeks to problematise the taken-for-granted nature of this discourse. It argues that the discourse of “empowerment” produces restorative justice subjects who are increasingly governed and governable. As “empowering” restorative practices are targeted towards “disempowered” individuals and communities, concerns are raised about the potential of restorative justice to disproportionately impact upon socially marginalised populations and to increase social exclusion.     

The WTO's Environmental Progress

The linkage between trade and the environment stands out asan important challenge in global economic governance. Over thepast decade, the WTO devoted considerable attention to thisissue and included it on the agenda of the Doha Round. In parallel,the jurisprudence on trade and the environment has experiencedsignificant advances. This study provides an overview of themain institutional changes at the WTO and of the developmentsin the jurisprudence most relevant to the interaction betweenthe environment and trade. Specifically, this study focuseson General Agreement on Tariffs and Trade (GATT) Article XXand takes note of many positive (and a few negative) featuresof the key Appellate Body decisions.     

Self-Defense, Punishing Unjust Combatants and Justice in War

Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their self-defense analysis when it comes to the punishment of unjust combatants, and I show how in an important sense just and unjust combatants are morally equal. I contend that the individualistic and quid pro quo perspective of the self-defense analysis fails to consider properly how the international community, morally speaking, ought to treat combatants, and I set forth four elements of justice applicable to war, which, together, support the conclusion that in principle the international community should not take on the activity of punishing combatants solely for fighting on the unjust side.     

Predictors of sex offender treatment dropout: psychopathy,sex offender risk,and responsivity implications

Abstract

We examined sex offender treatment dropout predictors, in particular, the relationship of psychopathy and sex offender risk to treatment dropout in a sample of 154 federally incarcerated sex offenders treated in a high intensity sex offender treatment program. Demographic, criminal history, mental health and treatment-related data as well as data on risk assessment measures including the Static 99, Violence Risk Scale – Sexual Offender version (VRS-SO), and Psychopathy Checklist – Revised (PCL-R) were collected. Logistic regression and discriminant function analyses were used to identify predictors that made significant and unique contributions to dropout among all the variables under study. The Emotional facet of Factor 1 of the PCL-R and never being married were found to be the most salient predictors of treatment dropout and correctly identified about 70% of the cases. The implications of the findings for managing treatment dropout and for the treatment of psychopathic offenders are discussed.