The Liberal Polity,Criminal Sanction,and Civil Society

The article explores an intersection of moral psychology and political principles regarding criminal sanction. A liberal state cannot require that persons acquire certain states of character or lead certain specific kinds of lives; it cannot require virtue. Moreover, it would be wrong for the state to punish offenders in ways that damage their capacities for agency, and in ways that encourage vice. In the U.S. the terms and conditions of punishment often have deleterious effects on agential capacities, undermining the ability to reintegrate in civil society. Prison experience is often antithetical to maintaining or acquiring the dispositions of prudence, accountability, trust, and trustworthiness needed for participation in civil society, raising significant questions concerning the legitimacy of punishment.     

The Collaborating Cultural Organization: Legitimation through Partnerships

Abstract

The article studies the role of partnerships in Danish cultural organizations. The organizations face a legitimacy crisis. As a response they display openness to society. The article uses the theoretical framework of Orders of Worth and studies the role of the projective city in legitimation work. Openness and differentiated connections are necessary to maintain legitimacy for cultural organizations. The organizations frame their tasks as meetings and facilitation of connections, and they carry out many activities in collaboration with partners. If an organization has too few connections with others, the organization appears isolated and unattractive.     

State building and the non-state: debating key dilemmas

This article unpacks the relationship between state building and the non-state. While accepting both the positive and corrosive characteristics of non-state actors and informal practices of governance, it attempts to (1) advance an argument in favour of mainstreaming ‘non-state’ forms that are positive and useful for state building; and (2) highlight the tensions between the practice of state building and the reality of the non-state. In thinking beyond the state and non-state dichotomy, the article seeks to identify factors that are necessary if state-building programmes are to work in complex environments. Drawing on received wisdom from recent experiences, this conceptual study focuses on important contextual, local, political and legitimacy issues to highlight prominent dilemmas. The conclusion suggests four policy-relevant lessons that reinforce the argument in favour of mainstreaming the non-state agenda into the critical thinking about security and development.     

From Innovation to Convention: Legitimate Citizen Participation in Local Governance

In governance structure legitimacy is required not only of the governing system, local authorities or public organisations but also of other participants, including citizens. The legitimacy cannot be judged either by traditions of representative democracy or by innovative theories of deliberative or participatory democracy. The article analyses scientific publications on citizen participation in local governance. It asks how empirical studies on local sustainable development planning (SDP) and New Public Management (NPM) practices construct legitimate citizen participation. In general, studies on citizen participation have not conceptualised the relations between citizens and power holders as questions of legitimacy. However, the studies approaching citizen participation in the local processes of SDP and NPM include various empirical, theoretical and normative arguments for citizen participation. These arguments recognise, accept and support particular activities, arguments and outcomes of citizen participation, and include and exclude agents and issues. They construct and reflect the definition of legitimacy in the local governance. As constructed by scientific texts, justifications for citizen participation reproduce a discursive structure in which citizen participation becomes marginalised and citizens’ views excluded. The results illustrate that discursive structures of legitimate citizen participation support conventional governing practices and hinder innovative practices in local governance.     

The contradictions of democratization by force: the case of Iraq

The article uses the Iraq example to show that the project of imposing democracy from outside by force is inherently contradictory and likely to fail, for reasons that go beyond the particular circumstances of the country or the Middle East. The paper then reviews a number of historical cases that have been supposed to show that democracy can result from armed invasion, and concludes that this was only so because in no case was imposing democracy the prime purpose of an invasion. Finally, it draws attention to the consequences for the quality of democracy at home in the countries most responsible for seeking to export democracy by force of arms.     

Does Democratization Reduce the Risk of Military Interventions in Politics in Africa?

This article investigates whether there is an association between a trajectory of political liberalization, democratization, and military interventions. In what is arguably the ‘least likely case’ region in the world, this study analyzes the experience of 55 regimes in Africa between 1990 and 2004 and finds a striking regularity. Liberalizing, and in particular democratic, regimes have a significantly different track record of being subjected either to successful or failed military interventions. The analysis suggests that democratic regimes are about 7.5 times less likely to be subjected to attempted military interventions than electoral authoritarian regimes and almost 18 times less likely to be victims of actual regime breakdown as a result. Through an additional case study analysis of the ‘anomalous’ cases of interventions in democratic polities, the results are largely strengthened as most of the stories behind the numbers suggests that it is only when democratic regimes perform dismally and/or do not pay soldiers their salaries that they are at great risk of being overthrown. Legitimacy accrued by political liberalization seems to ‘inoculate’ states against military intervention in the political realm.     

Embedded state autonomy and legitimacy: piecing together the Malaysian development puzzle

Malaysia's development trajectory has been comparatively successful, and the country arguably represents another example of the 'Asian developmental state'. However, when examined more closely, the Malaysian development experience is a deviation from the ideal-type 'East Asian success model', in that it occurred in the context of a predominantly Islamic cultural background, marked ethnic-religious heterogeneity,a relatively democratic political system, a strong reliance on FDI, abundant natural resources and a confined state autonomy. This article puts the Malaysian puzzle into perspective by giving a holistic account of the country's success against all odds and by applying an analytical framework centred on the concepts of embedded state autonomy and sociopolitical legitimacy. It is concluded that Malaysia's distinctive social, political and economic features constitute a web of countervailing forces that evolved into a positively self-reinforcing, if sometimes precarious, system of socio-economic reproduction.     

Reconstruction: An Agenda

This essay discusses several issues involving the theory of post-conflict reconstruction, and suggests that the concepts of reconstruction and of economic development be carefully kept apart. It explores the question of what moral and legal obligations to reconstruction the occupiers incur. Using Iraq as a case study it presents two scenarios for reconstruction: a ‘triage’ approach which relies heavily on prioritization and recognition of inherent limitations, and a ‘scattergun’ approach, exemplified by current efforts in Iraq. The latter, the essay concludes, is ineffective as a tool for reconstruction. Reconstruction has its own intrinsic merits, but using it to win the ‘hearts and minds’ of a population in order to gain support for the occupiers is unlikely to succeed.     

Statebuilding and Force: The Proper Role of Foreign Militaries

Abstract

Recent military interventions, both peace operations authorized by the United Nations and actions by individual countries, have aimed at helping build new or reconstituted states. The legitimacy and success of these state-building interventions are often contested by local actors. Yet state-like structures are needed to ensure the rule of law and economic growth. This paper argues for a new approach: to direct the use of foreign force toward roles that helped states emerge as the most successful governance structures in historical Europe, by defending populations from outside attack, protecting them from banditry and violence, and enforcing predictable rules for commerce and civil life (while training local forces to assume these duties). This approach focuses attention on the practical need to prepare military forces for both traditional defence and police-like roles.     

正当性视角下的海事请求保全担保规则

正当性包含合法性与合理性两个方面,用以指引和评价法律的价值追求。海事请求保全担保制度作为程序法设定的规则,其正当性判断直接指向正当程序问题,包括程序法本身的正当性和程序运行过程的正当性两方面。以正当性为视角考察我国海事请求保全担保规则可以发现,无论是在立法上还是在程序运行过程中,海事请求保全担保规则都存在一些不符合或者看似不符合法律正当性要求的内容,需要对其进行正当性梳理和论证,寻找其中偏离正当性的因素且加以修正,并对一些看似失当实则不然的内容给出符合正当性要求的解释。