Competing for father's love? The politics of central government agency termination in China

It is well known that public agencies are nearly immortal, but what explains their termination? This article argues that apart from conventional antecedents, political salience defined by top leaders largely shapes government agencies' life cycle. In one of the first large‐N analyses of agency termination in a non‐Western authoritarian regime, we used longitudinal data for the central apparatus in China from 1949 to 1976 to test this hypothesis. We specifically used Chairman Mao's written directives to measure political salience and found that agencies that received more directives were less likely to be terminated. In contrast, agencies less attended to the boss were less likely to survive major restructurings. We also found that peripheral agencies (e.g., smaller, lower‐ranking agencies with noncore functions) benefited more from leaders' attention. We compare the results with the existing literature and suggest some theoretical and policy implications.     

Labour in post‐colonial India: A response to Jan Breman

Resuming the debate with Breman about debt bondage in post‐Independence India, this reply to his two‐part survey explores the fact of and the reasons for continuing disagreements about the capital/unfreedom link in general, and in particular the connection between accumulation, the decommodification of labour‐power, the enforcement of debt‐servicing labour obligations, the presence/absence of coercion, and worker agency. Also considered is the analytical efficacy of using a depoliticized concept of worker ‘assertiveness'; the mere existence of the latter, it is argued here, is neither a defining criterion of proletarianization, nor an indicator of rising levels of class consciousness, and thus not as empowering as claimed.     

The “quiet revolution” in criminal defence: how the zealous advocate slipped into the shadow

The criminal defence lawyer has been an integral component of adversarial criminal justice in England and Wales for nearly three centuries. However, over the last two decades this essential role has changed substantially, affected by a changing culture in the law and procedure governing criminal justice in this jurisdiction. This article argues that the criminal defence role has been pulled away from its traditional adversarial roots through a process of subtle and gradual change, pursued by the Government and the Judiciary. The article outlines a normative framework, entitled the ‘zealous advocate’ model, describing the ‘traditional’ role of the criminal defence lawyer; discusses ethical conflict and its growing significance; and examines how legislation, case law and funding have gradually moved the defence lawyer away from a ‘client-first’ style of representation. It concludes by considering the potentially significant implications of such a change in the role for both fair trial rights and adversarialism in England and Wales.     

Amnesties in International Law: The Experience of the Special Court for Sierra Leone

The Special Court for Sierra Leone, a hybrid criminal tribunalestablished to try persons accused of serious crimes duringthe conflict in Sierra Leone, has recently commenced its judicialoperations. Several of the preliminary issues raised by variousdefendants have required the Court to examine the validity ofthe amnesty granted to combatants by the Lomé Peace Agreementand the amnesty's impact upon the Court's jurisdiction to trythe defendants. This article examines the decisions of the Courton the amnesty issue and evaluates the jurisprudence of theCourt with reference to the current status of amnesties in internationallaw.