A Resilience Approach to Transitional Justice?

ABSTRACT

Transitional justice, which is typically part of a liberal peacebuilding strategy, often seems distant, ineffective or even counter-productive. The concept of resilience, to which transitional justice discourses and scholarship have remained relatively indifferent, appears useful to explore justice initiatives in conflict or post-conflict situations. This article argues that much can be gained from better understanding the relevance of – and significant risks associated with – resilience thinking in this context. Through a critical approach to resilience, and embedded within a legal-pluralist framework, it examines some of the ways of dealing with political violence, with a particular focus on the Central African Republic.     

At least democracy was not the issue: Basque parliamentarians during the making of the First Spanish Republic, 1873–74

The history of the European states in the nineteenth century relates to how processes of ‘parliamentarization’ took place that were not always accompanied by processes of ‘democratization’. This leads us to the following question: Was democracy their goal? A good example can be found in the political development of Spain from the 1868 revolution to 1874, a period that has been called the ‘Democratic Sexennium’. This revolution led Spain into a process that involved an attempt at democratization which culminated in the proclamation of the First Republic. The First Spanish Republic was based on a democratic parliament and constitution. In this article a prosopographic study is conducted of a specific group of parliamentarians – those from the Basque Country – who took part in the debates during the First Republic. The results of this study serve as a typical example of the participation of parliamentarians in democratization processes in the nineteenth century and they show the relationship between discourse and parliamentary practice in that period. Prosopographic analysis and the use of thematic prosopography enable us to ascertain the profile of those democratically elected parliamentarians and the issues that most concerned them. Additionally, the debate that emerged on the limits of democracy in wartime is highlighted, owing to the fact that Spain was immersed in a civil war during this period and the Spanish Parliament had to take decisions and act in adverse circumstances.     

中外新约与民国涉外司法审判制度的变革

1840年鸦片战争以后,列强通过不平等条约攫取在华领事裁判权,严重破坏了中国独立的的司法主权。自清末以降,政府和民众为争取国家司法主权的完整进行了不懈的努力。南京国民政府时期,尤其是在第二次世界大战中,中国加大了维护司法主权的外交斗争力度。以1943年与美英两国订立新约为标志,最终实现了百年来废除中外不平等条约的愿望,终结了外国人在华领事裁判权及相关特权。以此为契机,我国涉外司法审判制度也发生了重大变革。对于中国而言,这无疑是分享世界反法西斯战争胜利成果,融入战后国际新秩序的开端。     

从女性到女星：民国上海电影女演员职业化进程研究

民国时期，上海的电影女演员是影响都市文化生产和消费的重要力量。19世纪二三十年代，国产电影在上海进入蓬勃发展的黄金时代，在尚有社会歧视和家庭阻力存在的大环境下，少数女性通过电影学校或公开招募等途径进入电影表演行业，演员逐渐成为颇受关注的一项女性职业，女明星即为其中的佼佼者，她们活跃于银幕与舞台之间，时至今日仍然是民国时期重要的象征符号。     

Robberies in Prague

This paper is concerned with the issue of robberies in the Czech Republic, primarily in the capital city, Prague. Statistics show that there has been a sharp rise in the number of robberies recorded in the Czech Republic following the political upheavals of 1989. In spite of this, current Czech criminology does not give proper attention to this kind of criminal activity. For this reason, the authors will attempt not only to summarise research efforts hitherto undertaken in this field and place them in a wider international context, but also to offer basic and criminologically relevant data on offenders, victims and some other significant factors, making use of official crime statistics as well as special police statistical records, including data obtained through the authors' own analysis of a sample of court files.     

浅析民国时期的山东婚姻习俗

通过对民国时期山东婚俗的考察,可以看出妇女自由平等的思想也开始慢慢觉悟.要求摆脱传统婚姻陋俗,主张婚姻自主,是妇女婚姻生活发生转变的关键.     

谈治安管理处罚法的实用性

治安管理处罚条例的修改引起了社会的极大关注。治安管理处罚法与治安管理处罚条例相比,新法与民众的关系更加密切,处罚的范围扩大,处罚的种类增多,罚款的幅度大幅提高,进一步加强了执法监督和注重对公民基本权利的保障,更具人性化,其执行和处罚更加实用。     

一部宪法与一个时代——《美国宪法》在清末民初的传入及对民初中国立宪的影响

在世界法制史上,法律移植和法律融合是非常普遍的现象,也是各国法律建设中的一个重要内容。《美国宪法》输入中国,并对中国发生影响的过程,就是中国移植《美国宪法》及其制度,并以之为蓝本改造本土法,使两者并存融合的过程。探究这一问题,对于正确认识我国近代法制,以及在转型时期如何吸收外国法都有重要的意义,可以从中发现一些值得借鉴之处。     

新中国前十七年的陕西成人教育体系

新中国建立伊始,陕西省文盲率达80%以上。全省从以扫盲为中心开始,继而建立各级成人教育机构;从学文化开始,到半工半读,发展不同类型的业余学校,实行学文化与学技术结合;在建立专门业余学校的同时,普通学校也办业余教育。同时,国家将成人教育正式纳入国民教育体系,各级政府部门建立了专门的管理机构,在"文化革命"前全省初步形成了成人教育体系。     

The civilised Self and the barbaric Other: ex-rebels making sense of sexual violence in the DR Congo

This article addresses discourses on gender and sexual violence in the Democratic Republic of the Congo. Based on discussions with 101 ex-combatants, we examine how former FDLR members make sense of sexual violence by studying prevailing gendered images of Self and Other. This analysis of potential perpetrators' mindset is part of the puzzle to find preventive measures. The findings demonstrate that ex-combatants attribute overwhelming power to biological ‘givens’ such as ‘urges’, ‘basic needs’ and ‘domination’ in their interpretation of sexuality. They also differentiate themselves from out-groups - enemy fighters and other nationals, especially Congolese - by attributing the latter with lower degrees of restraint. These insights demonstrate that a process of Othering is at work at the intersection of sex-gender-nation within the Congolese warscape, which complicates existing knowledge of sexual violence. The findings also suggest that the theoretical understanding of the phenomenon of sexual violence in war needs to place the notion of intersectionality central stage.