Prevention,knowledge, justice: Robert Nozick and counterterrorism

ABSTRACT

This article explores questions of justice and moral permissibility of state action in counterterrorism through Robert Nozick’s Anarchy, State, and Utopia. Using the case of the Berlin attack in December of 2016 and the ensuing political debate over whether potential terrorists could be put into preventive custody as an illustrative example, it engages Nozick’s argument on prevention, knowledge and justice. In Nozick’s fierce defence of individual rights, the state comes into being as an aggregate of individuals and their inviolable rights, and thus possesses no moral legitimacy of its own. Individual rights must therefore not be violated for the sake of common goods. In conjunction with his emphasis on free will and the ensuing unpredictability of human decision-making, the article highlights the Nozickian position as a powerful account against the justification of preventive custody, thereby providing a moral “fail-safe” in counterterrorism discourses that build on just war theory and utilitarianism.     

Power and property: commercialization,enclosures, and the transformation of agrarian relations in Ethiopia

The transnational agrarian social movement Vía Campesina is campaigning to have the United Nations negotiate and implement a Declaration, and eventually an International Convention, on Peasants' Rights. This article analyzes the origins and demands of the campaign and the place of the claimed rights in international law. Peasant organizations hope to follow in the footsteps of indigenous peoples' movements that participated in the negotiations preceding the 2007 UN Declaration on the Rights of Indigenous Peoples. The peasants' rights campaign has succeeded in linking its demands to discussions of the right to food in the United Nations, where concern is growing over the approach of the 2015 target for realizing the Millennium Development Goals, in particular the halving of the numbers of people suffering from hunger. The campaign is likely to face stiff resistance from powerful UN member states, but could achieve substantial advances even if the path to a convention is difficult or never completed.     

Legal empowerment of the poor: with a little help from their friends?

In 2005 the initiative to create a High Level Commission on the Legal Empowerment of the Poor, to be co-chaired by Peruvian economist Hernando de Soto and former US Foreign Affairs Secretary Madeleine Albright, was launched with strong support from the Norwegian government. This article first reviews some of the debate surrounding the initiative, giving special attention to the role of Norwegian civil society organisations that questioned central assumptions of the Commission as well as its composition and working procedures. Next, the article looks at the propositions made by the Commission on the Legal Empowerment of the Poor and argues that it was very much a top-down affair that called on those in power to behave in favour of the poor and relegated organisations of the poor and civil society to a supportive role. Issues of political power thus were downplayed. This also is reflected in the fact that the question of (re)distribution of assets is hardly addressed by the Commission. Questions of power or the distribution of assets were sidestepped by focusing primarily on the legal dimension and formalisation. And, although the Commission mentions macro-economic conditions it fails to critically analyse the conditions that account for poverty and informality, which basically are attributed to legal arrangements. Such an analysis would require a (critical) political economy perspective.     

Inmigrantes laborales y flujo en tránsito en la Frontera Sur de México: dos manifestaciones del proceso y una política migratoria

This text presents a characterization of Guatemalan labor immigration into Mexico, its historical perspective and processes of change in relation to new places of destination, crossings and labor insertions. It also sets out the most fundamental traits of migrants who cross Mexican territory when in transit from Central America, new crossing trajectories and social costs in terms of human rights, within a framework of greater social vulnerability. It analyzes the role that the Mexican state has played in relation to the establishment of a new migration policy set forth in the last two administrations (2001–2012) by the Partido Acción Nacional (National Action Party), institutional and legislative arrandos gements, progress and unresolved matters with respect to the proclamation of human and labor rights. It is concluded that even though unprecedented progress has been made in terms of immigration regulations, these policies still have serious shortcomings with regards to Central American immigration into Mexico, be it labor immigration or migrants in transit. This migration has taken on new forms and has registered qualitative and quantitative changes in crossing, in an environment of greater risk in Mexican territory.     

关于制造业工会工作的调研与思考

朝阳区制造业工会2013年成立后,为夯实工作基础,全面了解基层企业工会组织工作现状,探索促进制造业工会工作健康发展的新路子,对行业所辖44家基层企业工会进行逐一实地走访,围绕企业状况、工会组织建设、民主管理、职工权益维护和技术创新、文体活动及职工需求等工会重点工作内容进行了专题调研,获得了大量一手信息与数据,发现了制造企业工会存在的普遍问题,并对破解问题进行了思考.     

Corporate raiding and the role of the state in Russia

To what extent are Russian state agencies involved in predatory behavior, and what are the determinants of their activities? Analyzing a novel data-set comprising 312 cases of illegal corporate raiding (reyderstvo) between 1999 and 2010, this article identifies a shift both in the regional and sectoral distribution of raids over time, as well as an increasing participation of state agencies in criminal raiding attacks. Using panel regression analysis to look at the determinants of increasing state involvement, this article shows that election results for the ruling president and his party, as well as the degree to which elections are manipulated throughout Russia's regions, are significantly and positively correlated with the number of raids in a given region, while regions with governors that have stronger local ties are characterized by a smaller number of attacks. A potential interpretation of these findings is that the federal center may tolerate a certain degree of predatory activities by regional elites, as long as these elites are able to deliver a sufficiently high level of electoral support for the center, with the effect being weaker in regions where the governor is interested in the long-term development of the regional economy.     

隐私的历史考察和思考

隐私是一个动态、发展的概念,其内容不是一成不变的,而是随着社会政治、经济、文化的发展和人们隐私意识的提高,其内涵不断丰富,外延不断扩展。政治上,公私领域的划分是其存在和发展的前提;经济上,生产力和科学技术的发展为其存在和发展提供了物质基础;心理上,人们对本能、自我保护和自我实现的需要为其存在和发展创造了动力;文化上,不同的文化传统使其存在和发展更具多样性。隐私是一种事实状态,不等同于隐私权的客体,更不等同于隐私权。     

浅谈交通警察正当执法权益的维护

交通警察日常执法活动是各级公安交通管理机关面向广大交通参与者最直接的执法行为,近几年交通警察在执法过程中合法权益经常受侵害,有公安交通管理机关自身原因,也有外部执法环境以及立法上的原因。维护交通警察正常的执法活动和合法权益,创建一个和谐的交通执法环境,要尽快健全和完善相关法律法规;进一步完善交通警察的教育培训机制;提高交通警察执法综合素质;广泛开展交通安全宣传教育,积极创造和谐的社会交通环境。     

论警务活动人权保障与人的本性

人的本性给予人权,并在一定的历史条件下居于一定的经济结构和文化发展中。为了自身的自由生存、自由生活、自由发展以能够真正掌握自己的命运,必须具有人权。警务活动的主客体作为世界的主体,都具有人的一般本质属性。警务活动保障人权必须把警务活动的对象当做自然存在物、社会存在物、意识存在物、主体存在物来把握。     

The influence of foreign direct investment on contracting confidence in developing countries

This paper examines whether foreign direct investment (FDI) influences confidence in commercial contracts in developing countries. While the research on how host countries’ policy environments encourage FDI inflows has flourished, scholars have paid less attention to how the policy environment and local actors’ beliefs might, in turn, be affected by FDI. This is surprising because multinational enterprises are well‐recognized political and economic actors across the world. We expect that their increasing economic salience will influence the policy environments in which they function. By employing an innovative measure of property rights protection – contract‐intensive money – we examine how foreign direct investment influences host countries’ contract‐intensive money ratio in a large panel time series of both developed and developing countries from 1980 to 2002. Our analysis suggests that higher levels of FDI inflows are associated with greater confidence in commercial contracts and, by extension, the protection of property rights in developing countries.