From British subjects to Australian values: a citizenship-building approach to Australia–Asia relations

Australia–Asia relations are inextricably bound up with the development of notions of statehood and citizenship. The argument advanced here is that the way a state acts within the international community markedly determines how it relates to its own citizens. Here we suggest that the continuing and politically resonant idea of Australia as a ‘middle power’ is a crucial thread that links the international and national dimensions of citizenship building. From the very beginning of Federation, the contingent sovereignty of the new Australian Commonwealth in the imperial order became necessarily entangled with debate over national political institutions and citizenship building. Long after the end of the British Empire, the notion of middle power politics has determined the nature and shape of citizenship building. These statecraft projects of ‘citizenship building’ are profoundly shaped, determined and reinforced by the institutions and policies of regional engagement. We explore this framework through three critical junctures of domestic and external policy: 1. the emergence of dominion status on the basis of a common racial and cultural identity within the empire in the first half of the century;

2. the developing notion of a good international citizen during the Hawke and Keating period;

3. the invocation of Australian values by John Howard.

     

The Responsible Subject As Citizen: Criminal Law, Democracy And The Welfare State

This paper seeks to explain two problems posed by the history of criminal law doctrine by situating them in the context of the political sociology of citizenship. First, the paper outlines the logical connection between the rise to doctrinal orthodoxy of the idea of the responsible subject and the contemporaneous emergence of universal political citizenship. Secondly, it argues that subjectivist orthodoxy in doctrine may be reconciled with the apparently antithetical forms of regulatory strict liability law within the terms of 'modern democratic citizenship' as the latter were conceptualised by T. H. Marshall. Finally, by means of a comparison with Alan Brudner's recent philosophical rationalisation of the modern criminal law, it proposes that situating the criminal law in its environment of citizenship will help us to understand better the tensions that underlie contemporary challenges to its doctrine.     

GrinLine Identification Using Digital Imaging and Adobe Photoshop*

Abstract: The purpose of this study was to outline a method by which an antemortem photograph of a victim can be critically compared with a postmortem photograph in an effort to facilitate the identification process. Ten subjects, between 27 and 55 years old provided historical pictures of themselves exhibiting a broad smile showing anterior teeth to some extent (a grin). These photos were termed “antemortem” for the purpose of the study. A digital camera was used to take a current photo of each subject’s grin. These photos represented the “postmortem” images. A single subject’s “postmortem” photo set was randomly selected to be the “unknown victim.” These combined data of the unknown and the 10 antemortem subjects were digitally stored and, using Adobe Photoshop software, the images were sized and oriented for comparative analysis. The goal was to devise a technique that could facilitate the accurate determination of which “antemortem” subject was the “unknown.” The generation of antemortem digital overlays of the teeth visible in a grin and the comparison of those overlays to the images of the postmortem dentition is the foundation of the technique. The comparisons made using the GrinLine Identification Technique may assist medical examiners and coroners in making identifications or exclusions.     

数码照相在物证鉴定中的应用初探

数码显微照相、数码红外线反射照相、数码荧光照相、数码彩色分光照相、数码影像的处理技术在文书鉴定、痕迹物证鉴定中均可得到有效应用。随着数码照相研究的不断深入,数码照相在司法鉴定中的应用会越来越广泛。     

Personalist Politics, Clientelism and Citizenship: Local Elections in El Alto, Bolivia

The article investigates the citizenship practices of urban Aymara in a neighbourhood of El Alto, Bolivia, through an examination of the municipal elections of December 1999. Using ethnographic methods, I focus on the instrumental and affective sides of clientelism, a central feature of Bolivian elections. I argue that clientelism is a part of citizenship practice, a means of engaging with the state in the person of the politician. A majority of the Bolivian population are marginalised from the oligarchic mestizo system of government, as represented by the traditional political parties. However, at local level, and especially during election campaigns, there is more permeability, and this article sees clientelism as a set of strategies through which citizens attempt to make politics, and politicians, more representative and responsive.     

双层社会视阈下数据犯罪的法益规制思路

从网络到现实,双层社会迅速形成,相关犯罪亦从现实社会迁移至网络社会。如何应对伴生的新型犯罪形态,关键在于能否全面、清晰认知双层社会的链接点——数据。数据犯罪随双层社会固化而持续扩张,立法、司法均提出各自的应对思路,但规制现状并不乐观。以数据犯罪为核心,分析该犯罪形态在立法与司法领域的表征,并结合其技术与社会的双重价值属性,针对受损法益展开分析,最终实现对相关罪名适用的逻辑化探索。     

Ethnography of a political ritual: speeches given to new Swiss citizens by representatives of the state

Our paper examines speeches given at citizenship ceremonies in Geneva (Switzerland) in order to understand what makes a foreigner a new member of a national and especially of a cantonal entity. Focusing on speeches by three ministers over an interval of 4 years, we analyze their conceptions of the state, the nation, and of nationality, and the kind of change – if any – this rite of passage acknowledges. We observed that the variations that appeared, ranging from an assimilationist view to a conception of citizenship mainly encompassing rights and duties, reached beyond the political positions of the magistrates who wrote and read the speeches. We aim to show that official discourse covers a broad range of conceptions of the state and of citizenship, independently of the political position of the state representative making the speech.     

Apartheid Policing: examining the US migrant labour system through a South African Lens

This article draws a parallel between the Apartheid regime in South Africa and the post-IRCA immigration regime in the USA. I argue that both regimes were organised around Apartheid Policing, which may be defined as a legal process consisting of three mutually reinforcing mechanisms: differentiation of migrants into non-citizen insiders with legal residence rights and non-citizen outsiders without them; stabilisation of migrants as permanent or long-term residents, enabling the growth of the migrant workforce; and marginalisation of migrants as politically vulnerable outsiders, including exploitation at work. But the two regimes were supported by different political and ideological apparatuses. While placing a disproportionate burden on Latino migrants, the post-IRCA immigration regime differed from the Apartheid regime in that it was not organised around an explicit racial hierarchy, and offered non-citizens a greater array of rights. As a result, Apartheid Policing under the post-IRCA immigration regime is potentially more politically sustainable.     

Women in the driving seat: Eastern European immigrant women's citizenship,participation and educational inclusion in Portugal

This paper is a case study of Eastern European immigrant women's social inclusion in Portugal through civic participation. An analysis of interviews conducted with women leaders and members of two ethnic associations provides a unique insight into their migrant pathways as highly educated women and the ways in which these women are constructing their citizenship in new contexts in Northern Portugal. These women's accounts of their immigrant experience embrace both the public realm, in using their own education and their children's as a means of integration but also spill over into ‘non-public’ familial relationships at home in contradictory ways. These include the sometimes traditional, gender-defined division of labour within the associations and at home and the new ways that they negotiate their relative autonomies to escape forms of violence and subordination that they face as women and immigrants.     

Mapping silent citizenship: how democratic theory hears citizens' silence and why it matters

Democratic theory hears silent citizenship as disengagement or disempowerment. Normatively, silent citizenship evokes the specter of civic passivity – of democratic citizens variably characterized by apathy, disaffection, selfishness, or a lack of political knowledge. Empirically, silent citizenship is linked to deficits of democracy – including voter turnout rates, the quality of political representation, and overall government responsiveness. One problem with these conclusions, however, is that we lack any systematic conceptualization of the range of different attitudes democratic citizens might hold in silence. This article seeks to fill in this conceptual gap by mapping the range of possible motivations for citizens to remain silent in developed liberal democratic systems. The key to doing so, I argue, is to distinguish between two measures of democratic citizenship: empowerment and communication. Separating these two measures reveals an entire spectrum of motivations for silence, which I organize into five distinct degrees of silent citizenship.