公益诉讼：社会保障权救济的新路径

社会保障权是社会成员从国家和社会获得基本物质条件或相关服务、保障其基本生活水准和维护人之尊严的权利。社会保障权以社会本位为价值目标，社会保障权具有公益属性。传统三大诉讼救济社会保障权存在障碍，公益诉讼作为维护社会公共利益之诉，在诉讼目标、功能、原告资格与民主法治精神方面与社会保障权救济具有契合性。社会保障权公益诉讼需扩大原告资格与受案范围，赋予当事人诉权，合理分担举证责任与诉讼费用，构建激约机制，运用多元化的法律责任，充分发挥法官的司法能动作用。     

能动司法问题研究

我国的"能动司法"具有服务性、主动性、高效性的特点,与英美法系和大陆法系的"司法能动主义"涵义不同。在我国,"能动司法"与政治是不可分割的,但司法不能"政治化"。"能动司法"与"司法克制"是辩证统一的关系,是司法运作过程中的两个方面,共存于司法活动当中。在能动司法的过程中,要坚持法律效果与社会效果的统一。     

Citizenship practices of non-citizens in Slovenia: ‘you cannot fight the system alone’

In the period of state formation (1991–1992), the Slovene Ministry of the Interior erased, that is, excluded from legal status, those immigrants from other parts of the former Yugoslavia who did not become Slovene citizens when citizenship was available under initial simplified criteria. Compared with the processes of independence in Estonia and elsewhere, exclusion in the form of erasure from the register of permanent residents in Slovenia extended beyond the creation of foreigners within the country (i.e. foreign citizens with the right to remain and support themselves); this exclusion created outlaws, legal freaks (Arendt) or homines sacres (Agamben) – bare human beings who were expunged from society and deprived of all former rights and roles. This article discusses the citizenship practices of the victims of the erasure and interprets these practices as emancipation processes: the erased used grass roots and legal means to attempt to obtain the right to dignity, the right to stay and the right to compensation for their ‘lost years’. The effects of their struggle went beyond matters of mere utility: by publicly defining themselves as ‘the erased’ and acting upon injustice; the erased challenged the boundaries of citizenship in terms of membership and content.     

Not in our name: collective identity of the Serbian Women in Black

The Belgrade-based activist group Women in Black has been for twenty years now articulating a feminist anti-war stance in an inimical socio-political climate. The operation of this anti-patriarchal and anti-militarist organization, which has resisted numerous instances of repression, has not been until now systematically approached from a social movement perspective. This paper draws upon a range of empirical methods, comprising life-story interviews, documentary analysis and participant observation, to address the question as to how it was possible for this small circle of activists to remain on the Serbian/post-Yugoslav civic scene for the last two decades. My central argument is that a consistent collective identity, which informs the group's resource mobilization and strategic options, holds the key to the surprising survival of this activist organization. I apply recent theoretical advances on collective identity to the case of the Belgrade Women in Black with the view of promoting a potentially fruitful cross-fertilization between non-Western activism and the Western conceptual apparatus for studying civic engagement.     

Academia and the Legitimising of International Politics: studies of democratisation and world politics

This article aims to highlight the connection between academic studies and international politics and to provide an academic justification of foreign policies with particular reference to the case of democratisation studies. It embodies a two-way relationship. On the one hand, the conjunctures of international politics influence the nature of academic studies in the discipline of Political Science; on the other hand, academic studies may sometimes be employed as sources of legitimisation of the foreign policies of states. The article discusses these connections, providing particular examples of academic studies of the democratisation process during the Cold War and the post-cold war era.     

Neville Bolt. The Violent Image: Insurgent Propaganda and the New Revolutionaries.

This article examines key setting events and personal factors that are associated with support for either non-violent activism or violent activism among Somali refugee young adults in the United States. Specifically, this article examines the associations of trauma, stress, symptoms of posttraumatic stress disorder (PTSD), posttraumatic growth (PTG), strength of social bonds, and attitudes towards legal and non-violent vs. illegal and violent activism. Structured interviews were conducted with a sample of Somali refugee males ages 18–25 living in the northeastern United States (N = 79). Data were analyzed using multiple linear regressions and path analysis. Greater exposure to personal trauma was associated with greater openness to illegal and violent activism. PTSD symptoms mediated this association. Strong social bonds to both community and society moderated this association, with trauma being more strongly associated with openness to illegal and violent activism among those who reported weaker social bonds. Greater exposure to trauma, PTG, and stronger social bonds were all associated with greater openness to legal non-violent activism.     

能动与重构：公私合作背景下行政诉讼制度路径抉择

在公私合作背景下,行政行为和行政法律关系趋向复杂化,传统的行政诉讼制度出现缺失。时下,司法能动主义在我国法院系统和法学理论界备受关注。为适应公私合作背景下纠纷问题解决的需要,我国的行政诉讼制度面临选择司法能动还是制度重构的抉择。结合中国法治实践,行政诉讼制度的重构,是比较符合中国现实国情的。     

"A Dime Store of Words": Liberty Magazine and the Cultural Logic of the Popular Press

Abstract

The essay posits the question of the end of May Fourth as a properly political sequence. If we consider May Fourth as a political movement, asking how it ends implies asking what kind of political subjects and political organizations were active then and ceased to be active at a certain point in time. Asking when and how the May Fourth movement ended implies, therefore, asking what ended. The essay analyzes a series of statements and actions signaling the “end” or the “defeat” of May Fourth in order to question whether there were collective practices, locations, and categories proper to the May Fourth period and how they got exhausted. Two elements appear to be crucial: the organizational structure of the xuehui and the category of “student.”     

‘Saving the Congo’: transnational social fields and politics of home in the Congolese diaspora

Abstract

This paper explores the diasporic ‘politics of home’ of Congolese migrants in Europe, in particular in the UK, and to a lesser extent in Belgium. We focus on the fragmentation and heterogeneity of the diasporic political sphere by examining the role of first generation activists, religious groups, as well as youth and women's organisations. Within the transnational political field, first generation leaders are in a dominant position and the involvement of other groups, such as women and young people is marginalised by their control of the diasporic ‘rules of the game’ in the Bourdieusan sense. However, the increasing involvement of Congolese women in the field of women's rights advocacy has opened up new paths of political action which can, in certain occasions, lead to transnational forms of engagement. Similarly, second generation Congolese activists are constructing a space of autonomous engagement, relying heavily on the Internet and especially on social media, some attempting to link up with wider social movements. The paper provides an understanding of the social and political construction of these different fields of diasporic engagement as well as their intersectional and dialogical relations.     

Many Clicks but Little Sticks: Social Media Activism in Indonesia

Drawing on empirical cases from Indonesia, this article offers a critical approach to the promise of social media activism by analysing the complexity and dynamics of the relationship between social media and its users. Rather than viewing social media activism as the harbinger of social change or dismissing it as mere “slacktivism,” the article provides a more nuanced argument by identifying the conditions under which participation in social media might lead to successful political activism. In social media, networks are vast, content is overly abundant, attention spans are short, and conversations are parsed into diminutive sentences. For social media activism to be translated into populist political activism, it needs to embrace the principles of the contemporary culture of consumption: light package, headline appetite and trailer vision. Social media activism is more likely to successfully mobilise mass support when its narratives are simple, associated with low risk actions and congruent with dominant meta-narratives, such as nationalism and religiosity. Success is less likely when the narrative is contested by dominant competing narratives generated in mainstream media.