Political citizenship in Britain and Germany

A return to the theoretical wots of the concept of political citizenship justifies extending our attention to institutions outside the strictly political sphere. Social institutions in countries with corporatist histories, like Germany, remain important not only to the attainment of social citizenship but also to the exercise of political voice. Because the means of voice in Germany and Britain, or political citizenship, are the products of unique historical trajectories, the challenge of European integration is conceptually distinct for each. Thus, path dependent processes of democratisation may affect not just the likelihood but the normative significance of future choices.     

Constitutional reform and new patterns of electoral violence: evidence from Kenya’s 2013 elections

In places prone to electoral violence, what effects can constitutional changes have on elites’ incentives to organise conflict? This article develops two hypotheses to address the above question. It proposes that in places where national reforms find sub-national resonance, national and local politicians’ incentives regarding the electoral utility of conflict will align. However, in places where national-level changes fail to be locally relevant, these incentives will deviate from one another. The research illustrates these logics through a controlled comparison of two Kenyan counties: one that experienced electoral violence and the other that maintained peace around the 2013 elections.     

The political morality of convergence in contract

One of the most interesting recent developments in contract law has been an academic and political effort to integrate private law. The proposed Common European Sales Law was ultimately withdrawn, and a series of setbacks, including the British referendum to exit the EU, has recast the politics of convergence. But it remains an objective for many European scholars. This essay considers the wisdom of convergence on a single law of transactions from the perspective of philosophical contract theory. The essay proceeds by disaggregating the rights at stake in contract law. It characterises the formal right to contract and describes its moral impetus as one that should underwrite contract law in all states, especially liberal states. But the essay argues that the legitimate contours of the formal right are contingent on tenets of political culture that vary across Member States. Similarly, substantive regulation of contract is morally compulsory and serves universal interests; the essay takes regulation of permissible work and remuneration for work as examples. But the rules and standards that best advance those moral interests depend on economic facts specific to individual political communities. The essay concludes by arguing that contract law is a poor tool by which to accelerate political and economic convergence.     

Justice,Human Rights,and Reconciliation in Postconflict Cambodia

Retribution? Restitution? Reconciliation? “Justice” comes in many forms as witnessed by the spike in war crimes tribunals, Truth &; Reconciliation Commissions, hybrid tribunals and genocide trials. Which, if any form is appropriate should be influenced by the culture of the people affected. It took Cambodia over three decades to finally address the ghosts of its Khmer Rouge past with the creation of a hybrid Khmer Rouge Tribunal. But how meaningful is justice to the majority of survivors of the Khmer Rouge auto-genocide when only a handful of top officials are tried? Further, given the persistent abuse of political and economic rights in post-conflict Cambodia, we are skeptical that justice or reconciliation is presently possible.     

Discursive Illusions in Legislative Discourse: A Socio-Pragmatic Study

This paper takes the position that interpretations of legal discourse are invariably taken in the context of socio-pragmatic realities to which a particular instance of discourse applies. What makes this process even more complicated is the fact that social realities themselves are often negotiated within the mould of one’s subjective conceptualisations of reality. Institutions and organisations, including people in power, often represent socio-political realities from an ideologically fuelled perspective, engendering many ‘illusory’ categories often a result of contested versions of reality. To substantiate this view, we discuss interpretations of a number of interesting contemporary and controversial laws, including America’s Patriot Act and Hong Kong’s proposed Article 23 of the Basic Law. Both laws can be seen as illustrative of the definitional conflict that abstract concepts such as democracy and human rights are subjected to in their own specific socio-political contexts. While America crowns itself with democracy and Hong Kong struggles to achieve it in effective synthesis with its unique political arrangement, the laws produced by both contrasting political systems are unexpectedly similar, aiming for the moderation of basic rights. The actions of both governments set against their beliefs and discourses, and furthermore set against one another and other media voices, particularly those of non-governmental organisations, political activists, and other socio-political groups, demonstrate contestation of realities, giving rise to ‘discursive illusions’, which seem to be interpreted not so much on the basis of their linguistic construction but more on the basis of socio-pragmatic factors, such as trust, belief, transparency, control and power.     

South Africa’s peacebuilding in the DRC: Convergence and dissonance with the liberal model

The task of transforming countries affected by conflict towards sustainable peace has been a persistent problem. In response to growing intra-state conflict in the post-Cold War era, it has become the norm to prescribe a cocktail of liberal democracy and free-market economics as a universal formula for building peaceful societies. South Africa, since its post-democratic emergence into global affairs, has also been active in promoting peace in Africa along similar lines. This article embarks on an exploratory qualitative analysis of South Africa’s peacebuilding engagements in the Democratic Republic of the Congo (DRC). It aims to contribute a better understanding of South Africa’s peacebuilding engagements by utilising the DRC case study to point out areas of convergence and dissonance with the dominant liberal model of peacebuilding. The article finds that, although peppered with successes and failures, South Africa does approach peacebuilding in a unique manner. It also calls for a revision of South Africa’s approach, given the varying levels of success in the DRC.     

Economic statecraft in South Africa's regional diplomacy

This paper considers the extent to which South Africa utilises positive economic statecraft to promote human rights in the region – that is, the degree to which it mobilises its economic engagement to affect a desirable political outcome in its foreign engagements in Southern Africa. The country's reaction to crises in Zimbabwe and Swaziland over the past 20 years is a strong indicator of the limits of South Africa's statecraft in this regard. These engagements highlight the inevitable clash between the country's principled preference for ‘non-interference’ in the affairs of sovereign states and its constitutional mandate to respect and promote human rights. Despite eschewing the role of ‘regional hegemon’, there is an expectation that South Africa will play an integral role in securing regional stability. Yet there is little evidence to suggest that the country chooses to approach resolving regional challenges with a co-ordinated political and economic approach. This paper argues that, to be more effective in spreading a progressive regional agenda that encourages democracy, governance and human rights, South Africa needs to incorporate a stronger element of positive economic statecraft in its foreign policy implementation.