Does substantive democratization create more committed democrats? Surprising evidence from Africa

A growing body of evidence holds that citizens support democracy when they believe the regime has provided individual freedoms and political rights. Put simply, citizens develop legitimacy attitudes by learning about democracy. These findings, however, are based on citizens' evaluations of the procedural elements of democracy. Democratization also entails substantive reforms that likely impact legitimacy attitudes. This article provides the first test of how the success – and failure – of substantive democratization shapes legitimacy attitudes. Using data from the second round of Afrobarometer surveys, I find surprising results. Citizens who judge the regime to be more successful in substantive democratization are actually less likely to be committed democrats. I conclude with possible explanations of these surprising findings and reflect on the challenges for both future research and for the new democracies facing this situation.     

Self-Defense,Punishment and Forfeiture

Abstract

According to the self-defense view, the moral justification of punishment is derived from the moral justification of an earlier threat of punishment for an offense. According to the forfeiture view, criminals can justly be punished because they have forfeited certain rights in virtue of their crimes. The paper defends three theses about these two views. (1) The self-defense view is false because the right to threaten retaliation is not independent of the right to carry out that threat. (2) A more plausible account of the right to threaten says instead that the right to retaliate is primary to the right to threaten, and that the former right in turn arises because aggressors forfeit the right not to suffer retaliation. (3) The “fair warning thesis,” according to which just punishment must be preceded by a threat, is less plausible than first appearances suggest and is therefore no serious obstacle to the view of threats described above.     

“The Judge Didn't Sentence Me to Be Raped”: Tracy Neal v. Michigan Department of Corrections: A 15-Year Battle Against the Sexual Abuse of Women Inmates in Michigan

This research traces the history of Tracy Neal v. Michigan Department of Corrections, a class action lawsuit against the Michigan Department of Corrections that alleged the sexual abuse of women prisoners spanning more than two decades. The litigation resulted in combined jury verdicts of more than $30 million for the plaintiffs and a $100 million settlement that included extensive injunctive relief. This article examines the abuses and conditions suffered by female inmates in Michigan prisons, the court decisions, jury trials, and settlement. Drawing on interviews from several lead attorneys for the plaintiffs, the article provides an examination of the circumstances, discusses litigation strategy, and highlights lessons from Neal that could be relevant to civil rights scholars and advocates. The article concludes with a discussion of the impact and future implications of this case.     

安徽新生代农民工维权保障与政治认同

在对安徽省新生代农民工访谈和调研的基础上,探讨新生代农民工维权保障在政治认同中的作用。由于城乡二元结构导致的分野,使新生代农民工在身份定位上、权益保障上、利益诉求表达渠道上遭遇众多尴尬、困惑和迷茫。为此,应高度重视对新生代农民工维权的保障,采取积极有效的政策和措施,从法律制度建设和政府行政效率提升入手,不断创新维权保障路径,增强安徽新生代农民工的政治认同。     

论卧底警察权益保障机制之构建

随着有组织犯罪活动日益猖獗,传统侦查措施已难以与之抗衡。而卧底侦查这一隐蔽型侦查措施,逐渐成为了打击此类犯罪的一把利刃,卧底警察更是被誉为"刀尖上的舞者"。然而,在危险系数颇高的卧底任务中,卧底警察的权益保障几乎处于真空状态。因此,有必要通过完善卧底警察选拔机制、卧底警察培训机制、卧底警察心理调试机制、卧底警察身份保密机制、卧底警察岗位预留机制、卧底警察奖励与补偿机制等方式,来构建一套科学合理的卧底警察权益保障机制。     

合同债权转让情形诉讼管辖权归属研究--以受让人与原合同债务人纠纷为视角

目前国内关于合同债权转让情形受让人与原合同债务人间纠纷的诉讼管辖确定规则的理解存在误判。受让人与原合同债务人之间并非合同关系。受让人所取得权利性质上为以合同债权为客体的支配权。受让人与原合同债务人之间的关系为受让人行使该支配权过程中所形成的关系。因此其管辖权的确定不应适用民事诉讼法第23条的规定,而应直接适用法释[2001]12号第2条及第3条所确立的规则。该规则本质上为一个新的、有别于合同纠纷地域管辖规则的特殊地域管辖规则。     

刑法视野下的法律拟制新探——价值协调与机制缺失

法律拟制大致经历了从诉讼拟制到实体拟制、从司法拟制到立法拟制、从技术拟制到规范拟制的发展进程,它是工具价值与规范价值相融合的产物,从本质上讲,它是一种有意识的＂立法类推＂。刑法拟制本身并没有是否违反罪刑法定原则的问题,只有法律拟制的工具价值是否受到规范价值的制约并与之协调的问题,对于我国刑法中拟制条款的质疑与检讨就是看其设置是否符合刑法的目的。法律拟制除了规范价值的内在制约外,还需要合宪性审查机制的外在制约。     

Climate change refugees

Under the UNHCR definition of a refugee, set out in the 1967 Protocol Relating to the Status of Refugees, people fleeing their homes because of natural disasters or other environmental problems do not qualify for refugee status and the protection that come from such status. In a recent paper, I defended the essentials of the UNHCR definition on the grounds that refugee status and protection is best reserved for people who can only be helped by granting them refuge in a safe state for an indefinite period of time, and argued that this does not include most people fleeing from natural disasters. This claim is most strongly challenged by the possibility of displacement from climate change. In this paper, I will explore to what degree the logic of the refugee convention, as set out in my earlier paper, can and should be extended to those fleeing the results of climate change.     

Culture or taxes? The conceptions of citizenship of migrants and local factory workers in Italy

A number of studies of everyday citizenship have shown that the way in which the ordinary population of a state thinks of citizenship is not unilaterally determined by the conceptions present in state's citizenship law. This work looks at what migrants and local factory workers in Ferrara (Northern Italy) think of citizenship, and what conceptions can be found behind their opinions. The research is based on 60 in-depth interviews with migrants of different origins and professions and local factory workers. While scholars consider the Italian citizenship law to be closed towards both the immigrants and those born in Italy from non-citizens, most of the interviewees have expressed the preference for the ius soli and shorter residence requirements. Almost all the interviewees believed that people with a penal record should not be naturalised, and some of the interviewees have expressed cultural conceptions of citizenship that could be demanding of the candidates. However, the stronger consensus was for a lighter, economic conception of the citizen as anyone who works and pays taxes.