法学教育在文化中的反思

法律的根本在于理解。如何实现理解,怎样才算理解,这是法律追求“流动”过程的中心,反之会成为法律“凝滞”的动因。隐藏在法律理论与法律实践中的是政治社会和经验生活的不断重现,法律的内蕴应从地方化的语境中去理解,法律文化的核心在于地域社会人们的法律直觉和法律意识,法律教育不能桎梏于孤岛漂流,应在文化的海洋中找寻生命源泉。     

Comfortably inhabiting reality: justifying and denouncing arguments in a development dispute in the post-industrial gentrified inner-city

This article seeks to understand the ‘critical capacities’ of actors involved in public disputes by focussing on one such case in Melbourne, Australia. The dispute centred on a non-government school's proposal to develop classrooms in a heritage listed building on public land sublet from a charitable foundation. Following local council's rejection of the original proposal, the school successfully appealed to the Victorian Planning Minister. After introducing a critical pragmatic analytic framework, five accounts of the dispute given by key actors are examined, uncovering similarities in the arguments used by each. Then, in the same accounts, analysis identifies differences in how the pro- and anti-development groups justified their own and denounced their opponents' positions. Both groups recognised formal rules as the best means for preserving equal citizens' access to public space, yet the pro-development group justified their argument by reference to local community benefit, in contrast with the anti-development group, who adopted an abstract argument concerning the privatisation of public space. Understood as mobilising different ‘models of justice’, the groups are regarded as appealing to a ‘real’ order, an implicit politicised hierarchy that situates winners in relation to losers. In effect, the pro-development group justified its position by representing it as congruent with, rather than disrupting, the real order encompassing the situation. In conclusion, the paper discusses the usefulness of the critical pragmatic analytic framework for understanding governmental power relations and assemblages, as actors demonstrate their critical capacities in contexts where erstwhile formal equality obscures the presence of hierarchical order.     

Creating other options: negotiating the meanings of citizenships

In this article, I explore the ways in which citizenship is reinvented and reinterpreted through local understandings and experiences. I show how Israeli citizens who had applied for another citizenship create a distinction between their Israeli citizenship, which they conceptualize in terms of identity and belonging, and their ‘European passport’, which they depict as a technical non-obliging document, thus neutralizing the challenge it poses on questions of national loyalty. However, the other sought after citizenship, which represents a legally binding attachment to a nation-state, paradoxically becomes a powerful symbol of freedom, embodying other life possibilities and allowing for an active negotiation of belonging.     

城市环境治理投入的中央政府与地方政府博弈

文章分析了中央政府和地方政府在城市环境治理上的博弈,并提出地方政府应提高自身的政策执行意识和服务意识,中央政府应该加大对地方政府的物质激励,政治晋升方面的激励,循环经济的推广使用;环境治理问责制的实施有利于提高城市环境治理投入,实现社会经济的可持续发展。     

Terrorism as treated by the Christian science monitor, 1977–1987

Standing uniquely apart from journalistic sensationalism in its reportage of terrorism, the Christian Science Monitor (CSM/“The Monitor”) has taken a stance of trying to keep perspective on what individual events mean in terms of a wider framework.

It is perhaps critical to state at the outset that this researcher is not of the Christian Science faith, but has been a faithful reader of the Monitor for 15 years. When approached several years ago by The Terrorism and the News Media Research Project to contribute to that scholarship, an immediate response was that her primary newspaper would be inadequate to the task. A preliminary check into the Christian Science Monitor Index confirmed that fact: there were no entries under the heading of “terrorism” for 1975, 1976, 1977, and for 1978 it directed the researcher to see “violence”.

But then some dramatic changes took place in the mid‐1980s. The newspaper was undergoing major transitions internally, and terrorism was becoming an increasingly hot topic internationally.

This paper discusses terrorism as treated by the Christian Science Monitor, 1977–1987 both quantitatively and qualitatively. The approach is to delineate some of the underpinning philosophy of the newspaper, to discuss its chronological treatment of terrorism, and then to draw some implications from the study.     

Engendering local democracy: The impact of quotas for women in India's panchayats

In 1992, India's Parliament enacted two constitutional amendments that sought to democratize local governance and engender it through quota-based reservations for women. This article asks whether participation in these institutions has enabled women to articulate and advance their interests. To evaluate this, the article deploys the distinction in feminist literature between strategic and practical gender interests. Through a survey of a wide range of studies conducted in different parts of India it points to the constraints, both of institutional design as well as of social inequalities of gender and caste, that inhibit a fuller and more effective participation by women. There is nevertheless evidence to suggest that the quotas have enabled women to address their practical gender needs and interests, even if the articulation and realization of strategic interests is moving at a somewhat slower pace.     

Indigenous Local Governments for Palestine: A Roadmap for Replacing Imposed Institutions to Build Stability and Confidence

Occupying empires and states and expatriates have imposed structures of local government in the West Bank and Gaza. As a result, Palestinians have little confidence in the existing units of local government. That lack of confidence inhibits the development of a civil society. Proposed reforms must understand the history and actions that minimized opportunities for participation and the professionalism of bureaucracies that could produce and deliver the public services needed to sustain economic and social development. Establishing a stable civil state will require bureaucratic reforms anchored in theory and an understanding of the unique past that has left more than four million residents of Palestine without the public services needed for economic and social development. All parties to a resolution of the conflicts between Israel and Palestine and between Palestinians must help build new local structures of local government; the recommended steps presented here are grounded in theroy and histroy and also based on empirical research.     

Testing for Fiscal Illusion in Wisconsin Towns

Fiscal illusion, a theory of the impact of government revenue structures on voter decision-making, has been studied extensively by economists and political scientists; however, empirical verification has been limited. This study builds on Lowery's (1987a) work by examining the relationship between suggested illusionary revenues and measures of electoral stress. Here, electoral stress is measured as constituent contacting—one possible measure of voter influence—for local government officials up for re-election. Using a combination of survey data from over 1,000 Wisconsin town board members, audited fiscal data and U.S. Census data, we were able to test for fiscal illusion. Our findings show that when looking at five revenue types (conditional grants, unconditional grants, property taxes, user fees and charges, and debt service) there is some evidence suggesting officials seeking another term in office will tend to support fees and charges as a revenue structure over other structures. Overall, there is little consistent evidence suggesting that elected officials are manipulating revenue structures for electoral gain. Revenue structures are mostly influenced by social and economic factors, such as median household income, population changes, and per capita property valuation.     

The Local Regulatory State: A Case of Double Standards?

Two starkly contrasting strategies are discernible in the way local authorities currently approach and go about their regulatory and enforcement responsibilities. On the one hand, a “deterrence” strategy of “pursue and punish” is robustly pursued in many local areas in relation to individuals who infringe and contravene local regulations, notably in relation to “street scene” issues of littering, waste/recycling and materials sorting/separation, smoking in public places, parking, cycling on pavements, feeding pigeons, and so on, while, on the other, a much more positive “compliance” strategy of “counsel and conduce” is widely promoted and pursued in relation to the regulation of standards in local businesses, for example, in relation to public and environmental health/hygiene, health and safety in the workplace, animal welfare, and licensing of premises.

Why do local authorities operate with such apparent double standards? Why do comparatively minor infringements by local citizens so frequently result in the summary imposition of fixed penalties (which can be quite punitive for those on low incomes) while at the same time local businesses are mostly treated to a regulatory culture which is much more sympathetic and supportive in promoting compliance with the rules? This article draws on research conducted in different local regulatory settings which illustrates the two contrasting regimes in practice. It presents five propositions which help us to understand and explain the apparent double standards and it concludes by considering the steps that might be taken to ensure a more equitable and consistent local regulatory framework for the future.     

Citizen Participation in German and Spanish Local Governments: A Comparative Study

In recent decades, citizens have become more and more disenchanted with the traditional institutions of representative government, detached from political parties, and disillusioned with old forms of civic engagement and participation. This has favored a renewed interest in citizen engagement and citizen participation and a growing re-emergence in academic and political discourse of ideas and values of community, localism, and citizen participation. This article analyzes the main objectives and the actual implementation of citizen participation initiatives in the local governments of two European Continental countries, Germany and Spain. The aim is to find out the factors that affect the possible decoupling between the objectives and the “real” uses of citizen participation. Our results show that most local governments in these two countries are using citizen participation only to increase the level of perceived legitimacy or to comply minimally with legal requirements, without really taking advantage of citizen participation to enhance decision-making processes. These findings confirm that institutional theory becomes the rationale to explain the implementation of citizen participation in these two European Continental countries.