Asylum,welfare and civil society: a case study in civil repair

This paper examines a civil society challenge to UK government legislation withdrawing welfare support from asylum seekers who do not claim on entry to the country. Drawing on the work of Habermas and Alexander, it considers the role of the courts as a deliberative space and elaborates the scope for civil repair in the case of a group rendered marginal by the law. In so doing, it also suggests how links could be made with the broadened conception of citizenship proposed by Isin and Turner.     

沉默权：一个无法沉默的话题——从我国刑诉法“应当如实回答”谈起

我国刑诉法规定了犯罪嫌疑人面对审讯人员的审讯：“应当如实回答”的义务,使其在刑事诉讼中处于不利的地位。是否赋予犯罪嫌疑人沉默权,由“口供本位”转向“物证本位”,彻底改变目前的侦查模式,是我国刑事诉讼法修改的一个不容忽视的重要问题。     

Revisiting the 'Responsibility to Protect'

The Declaration on 'the responsibility to protect' (R2P), unanimously endorsed by the Security Council in April 2006, identified both national and international responsibilities in relation to genocide, ethnic cleansing, war crimes and crimes against humanity. This was highly significant in appearing to accept that the prevention of mass atrocities was a legitimate international concern. Subsequently, there has been some disappointment about the limited practical impact of R2P, and also anxiety that its progress may be impeded by the fear that it is designed to legitimise military intervention. However, this article concentrates on a different concern. Arguing that an earlier version of R2P (in the International Commission on Intervention and Sovereignty of 2001) linked the issues with those of human security and development, it suggests that the contemporary focus is far narrower, undermining its critical potential with regard to the policies of the global North and reducing its appeal to developing countries.     

On the Rights of Undocumented Children

Changes in immigration laws over the last three to four decades have given rise to unprecedented numbers of undocumented children. However, as others have argued, policies regarding the control of undocumented migration have had deleterious effects on undocumented children and their basic access to social rights. Undocumented youth in the United States can legally attend K-12 education, but cannot legally work, vote, receive financial aid, or drive in most states. Their situation calls for a reexamination of immigration laws and a recasting of the frame that has been used to promote their inclusion.

Pragmatist and Neo‐Classical Policy Paradigms in Public Services: Which is the Better Template for Program Design?

Principal-agent theory alerts principals to their problematic relationship with agents. The former are encouraged to take deliberate action to counter asymmetries in knowledge, moral hazard etc. To avoid this, principals should determine outcomes and contracts and incentives should be designed to achieve them. This approach has influenced the form of purchaser-provider arrangements, including the Job Network. This article reviews impacts, which include incentives for gaming and increased transaction costs. Another survey highlighted the extent to which innovation in the disability employment sector had depended on collaboration, which competition would end. The article then sketches an alternative pragmatic or experimental approach, which assumes that the centre can never establish outcomes that are other than provisional and corrigible. Program design needs to be built around this fundamental fact. Learning not 'carrots and sticks' is the appropriate form of relationship. The article explores the feasibility of this approach in a Job Network context .     

The Totalisation of Human Social Practice: Open Marxists and Capitalist Social Relations, Foucauldians and Power Relations

This article critiques Open Marxism for an ontology which totalises human social practice—for Open Marxists, capitalist social relations are the singular constitutive source of human activity. Such a stance is superficially attractive yet ultimately inadequate, and I reinforce my case by demonstrating how other critical approaches—in this article, Foucauldian perspectives on power—suffer from similar deficiencies. Thus there is a need to resist the temptation of claiming to know how human social practice can be understood with recourse to a singular aspect (no matter how important) of such practice. I conclude that an excellent example of how to avoid such pitfalls is provided by Antonio Gramsci's writings, for they acknowledge the multifaceted yet nevertheless anchored existence lived by humans in capitalist societies.     

Opposition to immigration in contemporary Russia

The study examines sources of opposition to immigration in contemporary Russia. It distinguishes between two types of opposition to immigration: exclusionary attitudes based on national membership and exclusionary attitudes based on race or ethnicity, directed exclusively at foreigners with non-Slavic or non-European origins. Findings indicate that a quarter of ethnic Russians can be classified as “racial exclusionists”; they are willing to admit immigrants who share a race/ethnic group with most of Russia’s people but object to the admission of racially/ethnically different immigrants. Another 42% of ethnic Russians are classified as “total exclusionists”; they object to immigration of all foreigners, regardless of their race/ethnicity. Multivariate analysis focuses on the impact of perceived collective vulnerability, human values, and socio-demographic attributes. Opposition to immigration in Russia is further situated within temporal and cross-national comparative perspectives. Apparently, exclusionary attitudes toward immigrants who share a race/ethnicity with most Russians increased between 2006 and 2016.     

“It's Like Fighting for Survival”: How Rejected Black African Asylum Seekers Experience Living Conditions in an Eastern German State

This article explores how Black African asylum seekers in an eastern German state experienced living conditions and the forms of agency they exhibited to redress the stressful circumstances of everyday life. The article draws on 12 in-depth interviews with rejected Black African asylum seekers and ethnographic research. Participants experienced various socio-environmental stressors and the absence of resources that affected their well-being and were injurious to their human rights. Their responses were embedded in different practices tied to the accumulation of capital that buffered stress and contested repressive asylum laws. The implications of the study for policy and advocacy are discussed.     

2030年可持续发展议程下“人的安全”及其治理

2030年可持续发展议程作为一项新的全球发展计划,其目标是构建免于恐惧和暴力的和平、公正、包容的社会,其核心是消除全球贫困与促进包容性发展,包括消除贫困、饥饿以及应对气候变化等内容。该议程的主体内容体现了联合国所倡导的“人的安全”理念,这一理念强调各种威胁的相互关联性,人的安全和人的发展是同一事物相辅相成的,这种治理观要求广泛借助联合国系统,并且顾及地方、国家、区域和国际范围内各级公私部门行为体的特点和资源,拓展一种由各种利益攸关方组成的综合框架,其内容涉及粮食安全、气候安全、环境安全、社会安全、反恐、移民等重要的传统与非传统安全议题。其中,气候变化、资源消耗、南北差距等问题是可持续发展难以实现的重要动因。上述安全议程同时体现了各种广泛的经济、社会和环境关联性。因此,建构全球“人的安全”治理机制需以联合国为核心,并形成多层治理、建构广泛的国际伙伴关系,以实现联合国所倡议的全球可持续和平愿景。     

Totalitarian tendencies in drone strikes by states

Lethal drones or unmanned combat aerial vehicles have been used to kill thousands of persons suspected of complicity in terrorism. Despite concerns aired by legal scholars that drone strikes outside areas of active hostilities violate international law, the US government contends that targeted killing is distinct from assassination, and has persisted in the practice to the point where it has become normalised as a standard operating procedure and taken up by other nations as well. Drone strikes have been championed by Western politicians as a “light footprint” approach to war, but the institutional apparatus of remote-control killing rests on totalitarian, not democratic principles. Secretive targeting criteria and procedures are withheld from citizens under a pretext of national security, resulting in a conflation of executive with judicial authority and an inversion of the burden of proof, undermining the very framework of universal human rights said to be championed by modern Western states. Moreover, lethal drones hovering above in the sky threaten all persons on the ground with the arbitrary termination of their lives and as such represent a form of terrorism no less than the suicide bombings of jihadist groups such as Al Qaeda and ISIS.