Ice Ice Baby: The De Facto Termination of Parental Rights by an Enforcement Agency

The current administration's zero tolerance stance on illegal immigration has resulted in the separation of thousands of families and the de facto termination of parental rights. While undocumented parents were always at risk of detainment, expanded immigration enforcement under the Trump administration has greatly increased that risk. Detainment has directly and indirectly resulted in the prolonged separation of parents from their children. This Note proposes a Department of Homeland Security Regulation that will require ICE to use the least restrictive methods to achieve its goals while emphasizing efforts to keep families together.     

悖信援引时效抗辩权的法律规制

义务人实施一定言行导致权利人合理信赖诉讼时效不会成为其行使权利的障碍,其后义务人援引时效抗辩权的,构成悖信援引行为。我国现行法框架下对于悖信援引行为的法律规制,难以通过起算、中断等规则予以解决,而应当适用诚实信用原则或禁止权利滥用原则限制此类援引行为。司法实务中适用诚实信用原则或禁止权利滥用原则处理时效援引争议的典型案例包括:义务人恶意躲避权利人、双方存在长期合作关系使权利人产生合理信赖、时效期间届满后双方进行某种形式的磋商等。对于司法实务中某些误用此二原则的裁判意见,应当尽量予以纠正和避免。     

The Capitalocene Part II: accumulation by appropriation and the centrality of unpaid work/energy

This essay – Part II – reconceptualizes the past five centuries as the Capitalocene, the ‘age of capital’. The essay advances two interconnected arguments. First, the exploitation of labor-power depends on a more expansive process: the appropriation of unpaid work/energy delivered by ‘women, nature, and colonies’ (Mies). Second, accumulation by appropriation turns on the capacity of state–capital–science complexes to make nature legible. If the substance of abstract social labor is time, the substance of abstract social nature is space. While managerial procedures within commodity production aim to maximize productivity per quantum of labor-time, the geo-managerial capacities of states and empires identify and seek to maximize unpaid work/energy per ‘unit’ of abstract nature. Historically, successive state–capital–science complexes co-produce Cheap Natures that are located, or reproduce themselves, largely outside the cash nexus. Geo-managerialism’s preliminary forms emerged rapidly during the rise of capitalism. Its chief historical expressions comprise those processes through which capitalists and state-machineries map, identify, quantify and otherwise make natures legible to capital. A radical politics of sustainability must recognize – and seek to mobilize through – a tripartite division of work under capitalism: labor-power, unpaid human work and the work of nature as a whole.     

Roads of change: political transition and state formation in Nepal’s agrarian districts

This paper explores the political field that has opened up in the wake of the recent civil war in Nepal. We focus on cultural-political developments in agrarian districts, where some of the most intriguing openings, and indeed the most pernicious closures, can be witnessed (as opposed to the national-state restructuring that commands more media and popular attention). Our research asks what spaces open up in the emerging political field at the district scale to entrench or transform dominant cultural codes and sedimented histories of socio-economic inequality. Preliminary research identifies specific sectors of local governance that have emerged as significant sites of struggle over the shape and meaning of ‘democracy’, namely forest management and infrastructure development. The primary contribution of the paper lies in specifying an analytical approach to the study of ‘post-conflict’ governance at the local scale via three conceptual terrains of inquiry – governance and planning, political subjectivity, and cultural politics. The ultimate objective is to develop a framework for assessing the conditions of possibility for a democratic restructuring of economy and society to accompany the official political institutions of liberal democracy.     

‘Triple wins’ or ‘triple faults’? Analysing the equity implications of policy discourses on climate-smart agriculture (CSA)

This paper analyses contrasting discourses of ‘climate-smart agriculture’ (CSA) for their implications on control over and access to changing resources in agriculture. One of the principal areas of contestation around CSA relates to equity, including who wins and who loses, who is able to participate, and whose knowledge and perspectives count in the process. Yet to date, the equity implications of CSA remain an under-researched area. We apply an equity framework centred on procedure, distribution and recognition, to four different discourses. Depending on which discourses are mobilised, the analysis helps to illuminate: (1) how CSA may transfer the burden of responsibility for climate change mitigation to marginalised producers and resource managers (distributive equity); (2) how CSA discourses generally fail to confront entrenched power relations that may constrain or block the emergence of more ‘pro-poor’ forms of agricultural development, adaptation to climate change, or carbon sequestration and storage (procedural equity); (3) how CSA discourses can have tangible implications for the bargaining power of the poorest and most vulnerable groups (recognition). The paper contributes to work showing the need for deeper acknowledgement of the political nature of the transformations necessary to address the challenges caused by a changing climate for the agricultural sector.     

If I'll win it,I want it: The role of instrumental considerations in explaining public support for referendums

Across established democracies, citizens express high levels of support for decision making via referendums. What drives these preferences remains yet unclear. In this article it is argued that, first, process preferences are less stable than previously assumed but vary substantially across policy proposals. Second, it is suggested that instrumental considerations play an important role in shaping citizens’ preferences for referendums. Specifically, citizens who favour the policy proposal or believe that they hold a majority opinion are expected to express more support for the use of referendums. An original survey was designed and conducted in the Netherlands (N = 1,289) that contains both between and within respondent variation across a range of policy proposals. The findings support these arguments: Both the desire for a specific policy change and the perception of being in the majority with one's policy preference relate to support for the use of referendums across policy proposals, levels of governance, and between and within respondents. This study contributes to a better understanding of process preferences by showing that these preferences have a non-stable component and that instrumental considerations play an important role in citizens’ support for referendums.     

The European lavender vote: Sexuality,ideology and vote choice in Western Europe

In many European democracies, political punditry has highlighted the attempts of political parties on the left to court the ‘lavender vote’ of lesbian, gay and bisexual individuals. This article examines the presence of a gay vote in Western Europe with a focus on assessing the role of sexuality in shaping individuals’ political preferences and voting behaviour. Empirically, the effect of sexuality on both ideological identification as well as party vote choice is analysed. Using a cumulative dataset of eight rounds of the European Social Survey between 2002 and 2017, this article demonstrates that partnered lesbians and gay men are more likely than comparable heterosexuals to identify with the left, support leftist policy objectives and vote for left-of-centre political parties. The analysis represents the first empirical cross-national European study of the voting behaviour of homosexual individuals and sheds new light on the importance of sexuality as a predictor of political ideology and voting behaviour within the Western European context.     

In pursuit of happiness: Life satisfaction drives political support

It is argued in this article that citizens in democracies use their subjective well-being (SWB) as an evaluative criterion when deciding how willing they are to support and comply with government dictates (political system support). When life is satisfactory, government authorities are rewarded with support, when it is not, citizens punish authorities by withholding their support. To make sense of the relationship, it is suggested that citizens act as if they have signed a happiness contract with ‘those in power’. In support of this argument, comparative survey data shows that SWB predicts attitudes on political system support across country contexts and under strong control conditions. Establishing that the relationship is causal, panel data documents that attitudes on political system support can be undermined following the termination of a close personal relationship, and that the causal effect is mediated via changes in SWB. Finally, as predicted, the happiness-support relationship is weaker among individuals who are high on spirituality/religiousness and attribute blame for external events to both worldly and non-worldly powers.     

Empowered and enraged: Political efficacy,anger and support for populism in Europe

This article addresses the psychological dynamics between internal political efficacy, emotions and support for populism. Contrary to the extended idea that populism is associated with low levels of political competence, it is argued that individuals’ self-competence beliefs enhance populist attitudes. Individuals who conceive themselves as able to understand and participate effectively in politics are more critical towards politicians and more prone to consider that citizens could do a better job. The article also hypothesises that internal efficacy enhances the likelihood of experiencing anger, which in turn promotes populist attitudes. Experimental and comparative observational evidence shows robust direct effects of internal efficacy over populism, as well as a smaller indirect impact via feelings of anger. These findings raise important questions regarding the nature of populism and how to fight it in our emancipated and information-intensive democratic systems.     

货币演进的历史观与货币创造的政治经济学

一种流行的对现代货币理论的批评认为,现代货币理论忽视了金融市场在货币创造中的主体地位;现代货币理论的错误认识会导致政府对市场的过度干预。这种反对意见不仅误解了现代货币理论,而且建立在错误的历史观上,忽视了政府在市场经济中的重要作用。首先,现代货币理论形成了包括商业银行和政府在内的对货币等级结构的完整认识。其次,在历史上,财政作为货币创造主体的作用并没有让位于商业银行体系,相反,随着布雷顿森林体系的解体,国家财政的作用获得了极大的解放。再次,政府的货币创造具有生产性的一面,它在推动创新和生产力发展上扮演着重要角色;政府创造和回收货币并不是剥削,而是国家的公共目的所使然。最后,货币创造主体的制度设计及其争论的问题本质上是更深层次的政治经济学问题。