法律如何在"社会情境"下存在——读昂格尔的《批判法学运动》

在对自由主义法学传统中的形式主义和客观主义批判的基础上,昂格尔提出"偏差原则"与重塑民主和市场制度形式的主张.这其中,以对法律与社会的适当关系的认知为理论支撑点,以权利体系的重新规定为主要内容之一.认为制度设计和"社会情境"的相互彰显是昂格尔思想中的核心之一,故以其为切入点,围绕法律如何在"社会情境"下存在这一问题,分析昂格尔意义下的"社会情境"的理论内涵和这一场景下昂格尔对法律中权利体系的方案设计,并对其理论构想的成立与否做出评价.     

The impact of the Second World War on postwar social spending

The huge quantitative literature on postwar social spending almost entirely neglected war as a possible explanatory factor of social spending dynamics. Given the mass carnage and the enormous social needs caused by the Second World War, this is quite astonishing. This article examines for the first time, whether, and in what ways, the Second World War affected cross‐national differences in public social spending of 18 Western welfare states over the course of the Golden Age. Using panel regressions, it is found that the war strongly affected social spending until the late 1960s. The evidence demonstrates that the Second World War is not simply a temporal watershed structuring different phases of welfare state development, but rather a crucial factor for understanding cross‐national differences in welfare efforts and social expenditure dynamics in the postwar period.     

Trying not to lose: The electoral consequences of unilateral reform efforts and the social pact formation process

The existing social pact literature claims that governing parties offer social pact proposals because they anticipate they will receive an electoral benefit from social pact agreements. Yet the available data on social pacts inform us that in a substantial minority of cases social pact proposals fail to become social pact agreements. In an effort to better determine the political calculations made by governments before they propose a social pact, this article examines the effect of implementing reform legislation unilaterally, social pact proposals, social pact proposal failures and social pact agreements on the vote share of government parties in 15 Western European countries between 1981 and 2006. It is found that social pact proposals do not have any electoral consequences for governing parties, unilateral legislation and social pact proposal failures reduce the vote share of governing parties, and social pact agreements provide an electoral benefit to parties in minority governments only. These findings suggest that governing parties propose social pacts in a good faith effort to complete a social pact agreement; and that such an agreement is not a way for these parties to gain votes, but to avoid the electoral punishment associated with enacting unpopular reforms unilaterally.     

The Czech Islamophobic movement: beyond ‘populism’?

ABSTRACT

Sla?álek and Svobodová’s paper focuses on the ideology of the Czech Islamophobic movement as seen during the 2015–16 migration crisis. In their analysis of interviews with demonstrators and speeches by leaders of the movement, they discuss first how the movement imagined its enemies, and then describe its vision of positive core values. They conclude that the movement’s key ideological features are: an emphasis on social and civilizational decline (declinism); a return to an assumed naturalness in economic and gender relationships (naturalization); and the open evocation of violence and severity (brutalization). In terms of Rogers Brubacker’s distinction between xenophobic ethno-nationalism in Eastern Europe, and the xenophobic defence of liberal values in the West, Sla?álek and Svobodová find that the Czech case fits the allegedly western pattern better than the eastern one, which may cast doubt on the whole essentialization of distinctions between ‘western’ and ‘eastern’ populisms.     

Neoliberalism,Nationalism and the Decline of Political Traditions

The three great Western political traditions (conservatism, liberalism, social democracy) incorporate three of the four possible combinations of the core political axes: traditional, unchanging authority versus the challenge of change, and egalitarianism versus inegalitarianism. The fourth possibility—egalitarian conservatism—has appeared in various guises, but has usually become submerged within the right, including its most authoritarian forms. Current xenophobic movements claiming to represent those suffering from excessive change—for example, those involved in the UK 's EU referendum and Donald Trump's victory in the USA —are seeing an apparent resurgence of this neglected tradition. What are its implications for politics in general?     

A New Progressive Patriotism

The need to hold capital to account and to bend markets to the common good is as powerful as ever, yet it is becoming steadily harder to create an electoral or political majority for such an idea in societies that are fractured and divided. The fundamental bond between voters and parties depends on political identity relationships; old ones are fading, new ones need to be created. The most dynamic politics in advanced capitalist societies are those of nation, people and place. The strategic challenge for the left is to create a new progressive patriotism that can embed radical ideas in a common sense of national purpose.     

Asymmetric bargaining between Myanmar and China in the Myitsone Dam controversy: social opposition akin to David's stone against Goliath

The Myitsone Dam suspension is an asymmetric negotiation between Naypyitaw and Beijing. The bilateral agreement of the hydropower project was concluded in 2009. However, Myanmar's civil society started to oppose the dam when political opportunities expanded in 2011. The quasi-civilian government in Myanmar was caught in an ‘audience cost dilemma': either to disappoint domestic constituents by fulfilling international obligations, or to compensate the Chinese dam developer for breaching the contract. In September 2011, Myanmar President Thein Sein declared the suspension of the dam throughout his tenure. Unexpectedly, China's state-owned dam company did not sue Naypyidaw. Moreover, Beijing even engaged with societal actors in Myanmar to seek their support for the project. How could Naypyitaw defy Beijing in this Myitsone Dam case? Drawing from 35 interviews with anti-dam campaigners and other stakeholders, as well as secondary data, this article argues that the rise of civil society successfully conditioned Naypyitaw's diplomatic options in the controversy. The change of Beijing's diplomatic strategy confirms that domestic constraint in Myanmar is not rhetorical. The Myitsone Dam case is an example that shows bilateral agreement without domestic endorsement can become China's business risk. Presumably, the dispute has wider implications for other Chinese overseas projects outside Myanmar.     

ASEAN as the ‘regional conductor’: understanding ASEAN's role in Asia-Pacific order

This paper analyses ASEAN's prominence in regional order negotiation and management in Southeast Asia and the Asia-pacific through the lens of social role negotiation. It argues that ASEAN has negotiated legitimate social roles as the ‘primary manager’ in Southeast Asia and the ‘regional conductor’ of the Asia-Pacific order. It develops an English School-inspired role negotiation framework and applies it to three periods: 1954–1975 when ASEAN's ‘primary manager’ role emerged from negotiations with the USA; 1978–1991 when ASEAN's role was strengthened through negotiations with China during the Cambodian conflict; and 1991-present when ASEAN created and expanded the ‘regional conductor’ role. Negotiations during the Cold War established a division of labour where great powers provided security public goods but the great power function of diplomatic leadership was transferred to ASEAN. ASEAN's diplomatic leadership in Southeast Asia provided a foundation for creating its ‘regional conductor’ role after the Cold War. ASEAN's ability to sustain its roles depends on maintaining role bargains acceptable to the great powers, an increasingly difficult task due to great power rivalry in the South China Sea.     

Videogame analysis: a social-semiotic approach

The relevance of videogames in the contemporary cultural ecosystem and their social impact make it necessary to develop theories and analytical models to understand the expressive potential of videogame design, and how videogames work as texts, giving shape to certain values, behavioural patterns and ideological visions. To do so, it is crucial to build a bridge between game studies and contemporary semiotics. Thus, with this aim, we present in this paper an analysis model for studying videogames as texts that combines theoretical and methodological elements from social semiotics and procedural rhetorics, a specific branch of game studies. Our model is based on four levels: the narrative, ludo-narrative, system-gameplay and designer-player dimensions. As a case study, the model is applied to the videogame The Last of Us.     

Intraparty Hostility: Social Identity,Subidentity, and the Hostile Media Effect in a Contested Primary

The hostile media effect (HME) has generally been tested in terms of in-groups and out-groups, with a “neutral” story in between. This ignores the nature of many social groups as comprising subgroups, often but not always sharing feelings of connectedness and purpose. In cases when bounded subgroups are at odds with one another, HME provides little guidance. A contested partisan primary provides such a case. This study takes identity centrality, candidate favorability, and perceived social network homogeneity as measures of partisanship and involvement, hypothesizing relationships between each and perceived bias against one’s candidate and party. Findings show that markers of candidate-focused social identity predict greater perceived bias against one’s candidate during the 2016 primary season, while party-focused identity fails to predict perceived bias against one’s party. This suggests that candidate support identity overrides plain partisanship during primaries, supporting concern that a heated primary might damage general election party unity. Subsequent postconvention findings suggest that the salience of candidate-focused identity fades, while homogeneity of one’s network regarding party support helps to make perceived hostility toward one’s party identity more salient. However, as campaigns become more candidate-centered, the contestation between nested candidate and party identities may grow fiercer.