‘Remaining awake through a great revolution’: The rhetorical strategies of Martin Luther King Jr

Martin Luther King, Jr is the most recognisable face of the black Civil Rights movement in America in the 1950s and 1960s. His ‘I’ have a Dream’ speech, given in 1963 as part of the march on Washington, has been identified as a key moment in American history, beyond just its importance to the Civil Rights movement. King's lasting place in American history has recently been codified in the declaration of his birthday as a National Holiday by the Reagan Administration in 1986. Unlike other Civil Rights leaders, King gained support from black and white communities for his program of change. In fact, King's major successes in gaining Presidential support for Civil Rights Bills in 1964 and 1965 resulted from his ability to win the support of Northern white liberals for Federal intervention in Southern race relations. Although considerable work has been done on the methods through which King's campaigns sought to tap white support for Civil Rights, scant attention has been given to one of the central vehicles through which King was able to mobilise white support, his language. Despite the publication of two recent studies on King's rhetoric, (Miller 1992; Lischer 1995) scholars have largely ignored King's rhetoric as a source of study. In this paper, I seek to fill some of this gap by analysing the key rhetorical strategies King employs to win support from his predominantly white audience in his speech ‘Remaining Awake Through a Great Revolution’.     

医疗行为中患者承诺的一般效力与例外——个人自决权与社会连带之限制的平衡

本文从患者承诺作为医疗行为的正当性根据出发,从比较法的视角观察了医疗行为中患者承诺的一般有效要件及特殊情形下的豁免与例外等诸种情形,用尊重个人自决权和社会连带之限制的理论阐释了前述情形,最后通过对＂安乐死＂的简要分析初步回答了如何平衡患者的个人自决权与社会连带之限制这一问题。     

The politics of indigenous land rights Brazil

Brazilian indigenous rights policy has been exclusionary. As a result indigenous people and their supporters have mobilised and politicised indigenous issues. Politicisation led to inclusion of indigenous rights in the 1988 Constitution. Nevertheless, evidence suggests that this process led to a retrenchment of interests opposed to indigenous rights. This analysis compares the asymmetric access to the policy‐formation process granted to political and economic interests and indigenous people. The argument is that democratisation has yet to open the policy‐making process to disenfranchised groups such as indigenous people. To illustrate the argument evidence of setbacks to indigenous land rights is examined.     

价值体系中的堕胎规制——生命权与自我决定权、国家利益的宪法考量

堕胎的规制模式大致可分为国家放任模式、国家许可模式和有限制的国家放任模式。这些模式的背后都有着自身的一些独特考量,模式的选取与其社会传统、对胎儿是否为人、宪法权利是否具有积极性、国家是否负有某种保护义务等诸多因素的认知密切相关。目前我国基本上是放任孕妇堕胎。然而,宪法却要求国家履行其对生命的保护义务。鉴于法律应该在社会现实和价值诉求之间寻求合理的互动和对话,我国应该在保护胎儿的生命、孕妇的自我决定权以及国家利益之间进行更为适当的权衡,对我国所施行的堕胎规制模式做出适当的调整。     

全民公决、民族自决与主权原则--从国际法角度谈直布罗陀全民公决

2002年11月7日,英国属地直布罗陀就其主权归属问题举行了全民公决,99％的居民对英西共享直布罗陀主权的计划 投了否决票,引起了此次公决结果是否具有法律效力的疑问。从国内法和国际法的理论和原理上,此次公决并不背离传统的民族自决 权原则,具有充分的有效性。     

自己决定权的确立与保护——从武汉数千男生被集体采血验DNA事件切入

受美国隐私权理论与司法实践的启发,日本学界及判例发展出自己决定权这一理论.结合我国实际,自己决定权作为基本人权,应在宪法上得以确立.自己决定权作为重要的人格权,在制定我国民法典的人格权法时亦应得以确立.自己决定权具有相对性,为了社会公共利益,在符合法律保留原则及法定程序下,公权力得制约自己决定权.对公权力侵害自己决定权的救济方式包括宪法上的违宪审查、请求检察机关行使监督权、民法上的人格权请求权及侵权请求权.     

独立公投、国家主权与国际法——理论基础及全球实践视角下独立公投的国际法检视

独立公投作为民族自决原则的重要实践方式,在国家理论与国内法、国家主权与国际法、实践效果与时代需要等三个方面都有其充分的合法性及理论基础。考察国际法维度上的独立公投全球实践,分析62个国家或地区进行的87次独立公投,它们在公投时间、公投法律依据、公投结果、国际社会承认、公投国家或地区四个方面,呈现诸多特点。通过对独立公投机制的国际法理论检视,可以得出结论:独立公投的国际法基础应是原主权所有者的同意或违法阻却;民族自决原则下独立公投的行使主体应不限于"民族";独立公投的适用对象不应包括主权归属存在争议之领土;国际社会应当促进独立公投从国际法进入国内法成为一项公民权利。     

Studying Agaciro: Moving Beyond Wilsonian Interventionist Knowledge Production on Rwanda

Twenty years after the end of the Rwandan genocide, knowledge production on the small country of a thousand hills remains a clamorous battle ground of post- and decolonial power and influence. This essay critically engages with the knowledge production on Rwanda in the West by conceptualizing it as a Wilsonian intervention in the post-colony: paternalistically well-intended at the service of the peace, democracy and free trade liberal triad, while at the same time silencing, self-contradictory and potentially counterproductive. The Wilsonian interventionist form of knowledge production is coated in a language of critical engagement and care. At the same time it is and allows for a continuous external engagement in view of this Wilsonian triad—a highly particularist view on the good life, cast in universal terms. As a former journalist and a researcher from the Belgian Rwandan diaspora and building on a decolonial research strategy, in this essay I reflect on potentially different avenues to produce and consume knowledge on the country. I do this by discussing the challenges and creative opportunities of a recently started research project on Agaciro (self-worth): a philosophy and public policy in post-genocide Rwanda rooted in its precolonial past, centred on the ideals of self-determination, dignity and self-reliance. Rather than inscribing itself firmly into the canon that aims at informing on Rwanda, this research project seeks to contribute to a different mode of imagining, studying and enacting sovereignty in today's academic and political world, both permeated by the hegemonic principle of the responsibility to protect (R2P).     

Farewell My Country? Hermannsburg,Gus Williams,and the Indigenised Heimatlied

This microhistory focuses on a little-known aspect of Indigenous musical life in the 1960s in the Lutheran Hermannsburg Mission (now Ntaria) in Central Australia. I contemplate the possible meanings arising when Gus and Rhonda Williams translated the secular German Heimat- cum-Wanderlied [song of home-cum-wandering], “Ade du mein Heimatland”, [Farewell to you my homeland], into Arrarnta as “Ade pmara nukai” [Farewell my country], and “presenced Indigeneity” for a predominantly non-Indigenous, southern audience. I explore how a German song became “travelling culture”; how it was received and modified to suit both missionary and Indigenous purposes, in the process both expressing a vernacularised Arrarnta Lutheranism, as well as maintaining music’s vital role in Indigenous culture, including as a signifier of love of country. I further examine how the song could have a political meaning in the nascent land rights context of the day, as an assertion of attachment to country or “Indigenous Heimat” that could resonate back, across a cultural divide, with a non-Indigenous Lutheran audience.     

Working with Complexity: Community Engagement and the Murdi Paaki COAG Trial 2002–2007

Achieving improvements in indigenous health and education and reducing the incidence of crime and domestic violence in indigenous communities has proved heartbreakingly difficult. The Murdi Paaki COAG trial in western NSW aimed to break this pattern of failure by tailoring flexible Commonwealth and State government support to indigenous communities, working within a framework of shared responsibility. In this article we assess the trial as a policy strategy by comparing outcomes and patterns of outcomes across the sixteen communities. We found that the strategy worked best where ‘good enough’ governance was aligned with flexibility, rather than with control. This way of working is difficult for governments as it can be a slow process, and requires stability in the policy and engagement framework to deliver results. More broadly, our findings confirm the usefulness of complexity theory to illuminate and to explain the evolution of process in administrative contexts involving networked governance.