Advocating for the cause of the “victims of Communism” in the European political space: memory entrepreneurs in interstitial fields

The European Parliament (EP) adopted, between 2004 and 2009, a series of resolutions calling for recognition of Communist crimes and commemoration of their victims. This article focuses on an overlooked aspect of anti-Communist activism, the awareness-raising activities carried out by some Central European Members of the European Parliament (MEPs) to perpetuate the cause through networks that enable them to exchange institutional credibility, scientific legitimacy, and policy-oriented knowledge with Institutes of National Memory, parts of academia, and victims associations. Although they use the techniques of expertise and scandalization that are often effective in European institutions, these memory entrepreneurs have largely failed to further their claims in the European Union (EU) after 2009. In line with the turn toward “practice” in EU studies and the increased attention paid to agency in memory politics, this article contends that the conditions of production of their narrative of indictment of Communism accounts for this relative lack of success. Because their demands produced a strong polarization inside the EP while colliding with established Western patterns of remembrance, these MEPs’ reach remains limited to their Conservative peers from the former Eastern bloc. This weak national and ideological representativeness hinders their capacity to impose their vision of the socialist period in the European political space.     

Psychic investment in cruelty: three parables on race and imprisoning the mentally ill

Drawing on ethnographic and activist work in New York, I analyze three contemporary cases of mentally ill people charged violent crimes. State violence against them can be characterized as a differential and differentiated set of racial and gendered practices. The case studies offer something between a parable, a field report, and a cautionary tale of the dystopian tendencies already embedded within the criminal justice system in the United States. Based on these cases, I will argue that despite recent liberal reform, scant evidence suggests any deep shift in the web of agencies that pipe people, especially the mentally ill, into prison and jail, or a shift in the cruel and humiliating practices these agencies embody. For the society to achieve what Du Bois called an abolition democracy, the affective infrastructure and psychic investment in debasing subordinated others would have to be abolished.     

Self-expression and collaborative ‘pro-sumption’ in the digital brandscape

ABSTRACT

The evolution of the global economy has seen the emergence of a digital market space. The collaborative and expressive nature of interactive media and technology allows users to participate in the production and publication of branded content within digital communities of affinity. This presents increased possibilities for self-expression, as well as unlimited opportunities for participation in determining and influencing brand narratives. The digital brandscape has therefore become a collaborative space where surplus brand value is produced, but also where struggles in terms of power and counter power between brands and brand consumers evolve. Against this background, this conceptual article explores the brand challenges the notion of consumer brand self-expression poses in a collaborative open-source context where brand identity is constantly challenged, and brand narratives are continuously written and rewritten by multiple brand authors. The article concludes that it is important that brands do not navigate these risks by adopting defensive stances, but rather boldly seize the opportunities that these technologies offer for creating new market linkages and for developing customer insights that create innovative brand value and impact, by tapping into opportunities for creative self-expression.     

美国司法语境下法律解释的宪政困境及其消解

分权的政治逻辑要求法官在司法过程中保持克制与谦抑以维护多数主义的民主价值,然而解释学的本体论转向使法官解释的能动性成为既成事实,通过司法实现正义又成为美国宪政制度的法治追求。分权逻辑与解释学逻辑在话语上的对立构成民主与法治的张力,形成法律解释的宪政困境,这从根本上缘于西方宪政民主制度内在的结构矛盾。在美国司法语境下,对于法律解释的宪政困境存在着司法积极主义和司法消极主义两种司法哲学的对立,温和的司法积极主义对于法律解释宪政困境的缓解是可行的理论进路。     

社会转型时期执政党对司法的独特作用——以当前我国的能动司法实践为分析依据

无论是中国的司法体制改革还是司法能动的运用都不能忽视执政党的独特作用,＂司法独立＂并不是绝对的,尤其是在社会的转型时期。司法能动中执政党的独特作用主要表现为：执政党最可能把握国家当下的社会现实与社会演变的基本趋势,执政党最可能指明能动司法的基本要求与最佳境界,执政党的政策本身对法律具有一定的补充价值,党对司法能动的指导具有必要性、可行性与低成本性,实现综合效益的最大化等方面。执政党对司法的独特作用给予我们诸多启示,其中之一就是中国法院的政治功能,是一个值得关注的时代课题。     

论司法能动的道德风险——道德权利语境下的比较性诠释

在维护道德权利上,司法克制主义与司法能动主义立场各有其理,但分歧并非不可调和,司法哲学上的主流与非主流之分以及两者互补关系的定位不容忽视。从司法主体、司法正义、守法道德义务和道德约束机制四个角度比较分析,两种立场所产生的道德风险也自不同,道德风险也有共性风险与个性风险之分。     

Alain Badiou's Politics and the Problem of Social History

Abstract

This paper explores the plausibility of Alain Badiou's ahistorical theory of politics. By insisting that the events of egalitarian politics are radically subtracted from social and historical conditions Badiou imagines a form of political action that effectively comes out of nothing. However, in order to establish the very prospect of an event's occurrence Badiou is forced to ground the possibility of political intervention in his theory of "evental recurrence", which effectively enables the subjects of political action to draw on the consequences of a preceding event in order to act in the here and now. The paper argues that by introducing the social dimensions of evental recurrence it is possible to construct an alternative account of political action that resolves a number of inconsistencies in Badiou's otherwise miraculous vision of politics. Consequently, rather than a militant activist that comes out of nowhere, evental recurrence implies that the militants of political action are saturated in their immediate social and political circumstances and in the memory of past struggles.