Genealogies of the colonial present: the rediscovery of the local in conflict management interventions in Mindanao,the Southern Philippines

This article argues that the current attention on indigenous institutions, and the ‘local’ more generally, in peace-building and conflict management bears similarities with colonial and post-colonial attempts at pacifying volatile borderlands. This will be illustrated through a historical case study of the Southern Philippine island of Mindanao, which has witnessed a recurring Muslim insurgency throughout different phases of its history. In an attempt to cope with these violent uprisings, both the American colonial authorities and the authoritarian Marcos regime, as well as a range of contemporary international NGOs, have endorsed traditional institutional avenues of informal mediation. The argument for the deployment of the local in state reconstruction and peace-building as propagated in current literature on hybrid peace should therefore be reframed as a reinvention of colonial governance techniques of indirect rule. It will hereby also be argued that the underlying rationale for this current deployment of local/traditional institutions of mediation and governance confirms and builds further upon a colonial framing of the non-Western other as incapable of modern, liberal democracy.     

Responding to the ISIS threat: extending coercive non-trial-based measures in the Counter-Terrorism and Security Act 2015

This article evaluates certain recent changes in counter-terror law and policy in response to rising threats to security in recent years, often associated with the activities of supporters of ISIS or similar groups, or suspected supporters. A range of security concerns and policy strands led to the introduction of a number of new counter-terror measures in the Counter-Terrorism and Security Act 2015. This article does not set out to provide a comprehensive examination of the Act's provisions, but covers its extension of coercive non-trial-based measures aimed at terrorist suspects generally, but particularly at persons who have gone abroad to support ISIS or may seek to do so: the introduction of Temporary Exclusion Orders, excluding persons suspected of travelling to Syria to fight with ISIS from the UK temporarily, travel restrictions, and the strengthening of TPIMs (a form of ‘light touch’ control order). This article considers, in the aftermath of the November 2015 Paris massacre, the roles to be played by the new and planned measures in terms of increasing security, and the extent to which their design has also been influenced by the ECHR, taking account of relevant jurisprudence under the Human Rights Act and at Strasbourg.     

知识产权犯罪的类型化探寻

我国《刑法》规定了知识产权犯罪,但是有些没有侵犯知识产权的行为也被定为知识产权犯罪,从而引起不必要的纷争,甚至引起司法实务界对知识产权犯罪理解的混乱。在未来的《刑法》修订时应该作如下调整：首先,把知识产权犯罪从破坏市场经济秩序罪的阴影下解放出来,作为单独的一类犯罪来规定;其次,在知识产权犯罪内部立法中,应把知识产权犯罪分为侵犯知识产权的犯罪与违反知识产权管理秩序的犯罪。     

A Comparison of Civil and Criminal Orders of Protection as Remedies for Domestic Violence Victims in a Midwestern County

Past research has identified many potential advantages of civil protection orders as a means of addressing domestic violence without invoking an official response of the criminal justice system. Using data from a Midwestern county, this exploratory study provides a comparison of civil protection orders with orders of protection that are filed in conjunction with a criminal battering arrest. We examine the demographic characteristics of the respondents/defendants and petitioners/victims, the nature of the abuse leading up to the filing of the protection order, the reasons for filing, the terms of the order, location of the offense, and violations of orders. Our findings reveal many similarities between types of orders, in terms of order stipulations, past abuse histories of petitioners/victims, and respondents/defendants’ likelihood of reoffending. The findings also reveal an important difference in the petitioners’ and victims’ reasons for filing; whereas petitioners in civil cases were more likely to identify emotional abuse as the factor leading up to issuance of the order, victims in criminal cases were more likely to document physical abuse. We discuss these findings in the context of victim preference.     

‘Peace-building as state-building’? Rethinking liberal interventionism in contexts of emerging states

Contemporary policy-making guided by the ‘liberal peace’ holds that peace is necessary for states to emerge, and that peace-building and state-building do not only go in tandem, but are mutually reinforcing. Yet, in view of both the historical record of state-making and empirical evidence provided by liberal interventionism, this proposition appears questionable. While scholars have shown that state-making has, historically, been as much associated with war than with peace, cases from Afghanistan to Somalia suggest that state-making is inherently conflictive, frequently upsetting nascent peace. In order to shed light on the reasons underpinning the relationship between prevailing peace-building practices and the fundamental exigencies of state-making, this article pursues a theoretical argument. It proposes that while peace-building is principally about creating a situation of non-violent co-existence despite prevailing differences and, thus, essentially geared at accepting and enshrining institutional and identity pluralism, state-making is vitally aimed at replacing institutional and identity multiplicity with greater degrees of rule hegemony and standardisation. Applying the prism of ‘rule standardisation’ to the nexus of peace-building and state-making, this paper seeks to advance existing debates on this delicate relationship.     

A pluralist and pragmatist critique of food regime’s genealogy: varieties of social orders in Brazilian agriculture

ABSTRACT

The food regime approach occupies a privileged place in the sociology of agriculture and food. However, it is criticized for its structural, universalist and homogenizing bias. From a dialogue between institutionalism and pragmatism, this contribution discusses an alternative framework constructed from the ‘social order’ concept, which defines the existence of different arrangements of practices related to socio-technical and institutional apparatuses. Both the critique of the ‘regime’ narrative and the new proposition are associated to a reinterpretation of Brazil’s agricultural trajectory. Contrasting with the overemphasized export-oriented plantation/agribusiness image that prevails in the majority of analysis about Brazilian insertion in globalized agri-food regime, this paper explores the heterogeneity of production and consumption practices, arguing for the coexistence of multiple and contradictory ordering processes.     

论“饭圈”的法律规制

当下“饭圈”呈现出频繁投诉与举报、非理性消费、数据造假以及组织性的行为失范现象。“饭圈”负面行为的产生与资方控制及平台打榜的主导、艺人与“饭圈”组织者的推动、粉丝的参与及沉浸密切相关。“饭圈”的负面行为违背公序良俗,须进行综合治理。应合理设置平台的内容管理义务、调整刑法对巨额逃税的处罚规则、完善网络举报制度、明确艺人及经纪公司或工作室对粉丝的引导义务。此外,应区分“饭圈”组织者雇主责任、教唆及帮助侵权规则的适用、赋予粉丝组织民事主体身份、家庭内部弘扬优良家风。     

Evaluating the Efficacy of Protection Orders for Victims of Domestic Violence

Abstract

The purpose of this study is to gauge the efficacy of protection orders for victims of domestic violence. The theoretical basis for this analysis is Johnson's (1995) theory that there exist two distinct forms of domestic violence: “common couple violence,” which consists of low-grade, mild abuse that is equally perpetrated by both men and women, and “patriarchal terrorism,” which involves severe mental and physical abuse that is used primarily by men to control their female partners. Based on Johnson's theory, it is hypothesized that protection orders will be less effective for women who experience patriarchal terrorism than for women who experience common couple violence. The results of this analysis indicate that the primary independent variable, that is, whether a woman experiences common couple violence or patriarchal terrorism, is not a good predictor of protection order violation. However, several secondary independent variables were found to be significant, including victim's race and employment status, as well as the couple's living arrangements at the time of the protection order.     

The Stop Climate Chaos Coalition: climate change as a development issue

After the Working Group on Climate Change and Development recognised the challenge that climate change poses to development, a number of environmental and aid, trade and development organisations formed a new politically active coalition, Stop Climate Chaos (SCC), to demand that stronger climate laws be adopted in the UK. The coalition now frames the issue of climate change as a ‘global climate justice’ one, emphasising the severity of the issue for people in poor countries, who will suffer the worst consequences, but have contributed least to it. The extent to which SCC member organisations address climate change as a global justice issue is explored through a content analysis of their websites, and a survey of participants in the SCC I-Count march, London, 3 November 2006. There is certainly evidence that environmental organisations are ‘facing South’, just as aid, trade and development organisations are ‘turning green’.     

The 2012 sandy hook elementary school shooting: Connecticut’s department of mental health crisis response

This article reports on the role, activities, and lessons learned of a state mental health authority—the Connecticut Department of Mental Health and Addiction Services—in responding to the mental health needs of families and community members following the 2012 Sandy Hook Elementary School shooting. Following the introduction, we provide a brief case study of Department of Mental Health and Addiction Services’ role in the aftermath of the Sandy Hook shooting. This role included use of the Incident Command System (ICS) to deploy a standing statewide network of clinicians who provided direct care for surviving children and school personnel, victims’ family members, and others, and coordination of its mental health response with the activities of other state, private, and individual players. We then discuss key themes and lessons learned and offer recommendations to mental health authorities for planning and implementing their own responses to possible like incidents in the future.