Justifying Punishment: A Response to Douglas Husak

In ‘Why Criminal Law: A Question of Content?’, Douglas Husak argues that an analysis of the justifiability of the criminal law depends upon an analysis of the justifiability of state punishment. According to Husak, an adequate justification of state punishment both must show why the state is permitted to infringe valuable rights such as the right not to be punished and must respond to two distinct groups of persons who may demand a justification for the imposition of punishment, namely, individuals subjected to punishment and the society asked to support the institution of punishment. In this discussion, I analyse Husak’s account of the right not to be punished with an eye to showing that the parameters of that right do not extend to the cases that would make it controversial. I also consider two other distinct groups of persons who have equal standing to alleged offenders and society to demand justification for the imposition of state punishment, namely, direct victims of crimes and criminal justice officials.     

主权与人权关系的认识误区及立法衡平——对《香港基本法》第23条立法困境的思考

<香港基本法>在港实行14年以来,为香港社会经济的稳定繁荣发挥了重要的保障作用,并因此得到了广大香港民众的认同与支持.但基本法第23条有关维护国家安全立法的规定至今却未得落实,其主要原因在于对主权与人权这一对法制核心概念的认识存在偏差.因此,厘清主权与人权的概念和内涵,揭示主权绝对论和人权相对论的理论缺陷,重新对照基本...     

Bringing Home the Bacon or Not? Globalization and Government Respect for Economic and Social Rights

The impact of globalization on human rights has generated substantial debate. On the one hand, those making liberal, free-market arguments assert that globalization has a positive impact on developing countries through the increased generation of wealth (e.g., Garrett 1998; Richards et al. in International Studies Quarterly 45:219–239, 2001; Rodrik in Challenge 41:81–94, 1997). On the other hand, the critical perspective claims that globalization negatively impacts respect for human rights because trading arrangements, while open, are detrimentally uneven (e.g., Carleton 1989; Haggard and Maxfield 1996; Stiglitz and Charlton 2005). However, few have looked at the relationship between globalization and respect for economic and social rights. In order to test this relationship, I examine non-OECD countries utilizing two-stage regression analysis to control for investment-selection factors. I find mixed results for the hypothesis that globalization negatively affects respect for economic and social rights. Consistent with Richards et al. (International Studies Quarterly 45:219–239, 2001), I conclude by arguing for the need to disaggregate globalization in order to determine its true effects.

Challenging Privatization: A Conceptual and Theoretical Argument

This is the second of a three-part polemic against the destruction of state owned enterprises in China (the first, “Against Privatization: A Historical and Empirical Argument”, is published in JCPS 13:1, 2008). It critically examines the ideology of privatization and argues for alternative guidelines of reform. The central contention is that a healthy market economy does not require domination of private property; rather it relies on apposite political-legal-ideological power and regulatory-monitoring regimes of accumulation and distribution socially legitimated within a given public culture. Rejecting the fallacies of ownership determinism and precision requirement on property rights for morality and efficiency, this essay clarifies distinction between the notion of exclusive properties and the vision of their socialized utility and management. Justifications for reforming state and private sectors alike in accordance with a unifying commons of social defense and feasibilities of innovative reform measures and policy proposals in that direction, will be elaborated in a third essay titled “Overcoming Privatization: A Strategic and Institutional Argument”.

Positions on sexual and reproductive rights in Muslim-majority countries and institutions: a telling indication of things to come?

ABSTRACT

This article provides a policy analysis of Muslim-majority countries’ positions on sexual and reproductive rights (SRR). First-hand observations, interviews, and reports are used to review how statements around various intergovernmental moments continue to be formulated since the International Conference on Population and Development in 1994. The analysis outlines both the similarity and diversity between and among Muslim-majority countries on a range of SRR areas, while pointing out that positions are by no means unique to them. Rather, it is argued that opposition to SRR defines a terrain of “unholy alliances” between and among different religiously inspired nations, and ends by enquiring whether SRR may be an important political indicator of real politik.     

Reparative development: re-conceptualising reparations in transitional justice processes

Reparations are increasingly seen as potential avenues to address the socioeconomic structural injustices that have affected victims during conflict or authoritarian rule. Scholars, however, have identified serious limitations in these policies, emanating from faulty design, political reluctance, financial limitations and uneven implementation. This article proposes a reconceptualisation of reparation policies by embedding them in a framework of reparative development. A theory of reparative development is outlined by discussing how principles emanating from key rulings of the Inter-American Court of Human Rights can be articulated to provide a conceptual link between transitional justice and development. This article argues that restitution should consider not only past damages but also lost life opportunities. Reparations should be both individual- and community-based, taking into account the supplemental policy actions required to make them both effective and sensitive to existing human insecurities. Finally, they need to involve local and grassroots organisations in their implementation.     

New York State of Mind: Parental Incarceration and Children's Visitation in New York State

The incarceration of a parent has a variety of negative effects on a child's psychological, academic, and developmental success. Children can end up in foster care as a result of the state terminating parental rights due to the parent's incarceration. Despite imprisonment of their parent(s), maintenance of visitation with the parent(s) is still important for their children. However, not all prisons have visitation programs that are suitable to visiting children. This Note proposes a model state statute that will recognize the importance of visitation, implement “child friendly” visitation programs, facilitate training for prison staff, and provide transportation for children in major cities to the prison facilities.     

World Conservation Congress 2008: Climate Change,Islands, and In-situ Conservation

The author participated in the IUCN World Conservation Congress (5–14 October 2008), both the Forum events and pre-selected Learning Sessions, including forest carbon inventory, and multilateral negotiations. The sessions highlighted the importance of multidisciplinary approaches and of treating indigenous knowledge as seriously as rigorous hard science. The gravity of climate change was fully recognised. Success stories gave important encouragement and knowledge-capital for conservation, while case studies showed that protected areas should be made as diverse and harmonious as the human landscape that they are affecting.     

Dimensions,manifestations, and perceptions of gender equity: the experiences of Gram Vikas

Concerns about gender equity have been at the fore of discussions and analysis of NGO interventions and action since the 1970s. Gender equity, defined as equal rights to access, opportunity, and participation for men and women, has always been a distinctive feature in the programmes of Gram Vikas, a leading NGO in the Indian state of Orissa. Conscious efforts to identify and address these issues began in the mid-1980s. Several specific initiatives have been made to create a level playing field between women and men in the village communities where Gram Vikas works, and within the organisation. There have been resistance and challenges to several of these interventions, and while some of them have embedded themselves to create lasting impact, others have had only limited effect.