寻求一种温和的司法能动主义——论疑难案件中法官的司法哲学

在面对疑难案件时,法官的司法哲学是案件的最终裁决者。信奉司法能动主义的法官倾向于通过创造性司法来回应社会需求,而司法消极主义则将自己定位为立法者的代理人,反对通过司法途径来解决重大社会问题。在当下的中国法治建设中,基于社会转型的现实,法官在审理疑难案件时应当秉持一种温和的能动主义的司法理念,通过创造性司法来回应社会变迁,实现社会正义。     

Activism and Radicalism in Prison: Measurement and Correlates in a Large Sample of Inmates in Texas

There is considerable speculation that prison plays a role in radicalization. Many individuals involved in acts of political extremism have spent time in prison, adding credibility to such claims. Despite these assertions, there is little empirical evidence regarding the prison-radicalization link because access to prisons is challenging and there are few valid scales of extremism. Studies that do examine a potential link have small sample sizes or select on extremist case studies. The current study draws on interviews conducted with 802 male prison inmates in Texas the week before their release to the community. Inmates were administered the Activism and Radicalism Intention Scale, one of the few validated scales in the extremism literature. A series of structural equation models revealed several important findings. First, we found that the psychometric properties of the modified two factor model of activism and radicalism intentions were largely acceptable among prison inmates, including subgroupings of Latino, white, black, and gang and non-gang-involved inmates. Second, our findings revealed that there was more activism than radicalism intentions among prison inmates, although levels of both were comparable to non-institutional populations. Activism and radicalism intentions were positively related, although this correlation was weaker than in prior studies. Activism should not be substituted for radicalism. Third, our exploratory analysis of concurrent validity identified few multivariate correlates. Group identification—namely, racial and religious groups—was related to both scales, but in opposite directions. Age was negatively, while street-to-prison gang importation was positively, related to radicalism intention. We outline the implications of these findings for research, policy, and practice on activism, radicalization, and prison.     

Using the Law as a ‘Harmonious Weapon’: The Ambiguities of Legal Activism in Favour of Migrant Workers in China

Abstract

Legal mobilization has spread in China over the past 20 years and is generally considered by both activists and scholars as a way to advance democracy and rule of law. Focusing on the mobilization in favour of migrant workers and on politically moderate practices, which are both more frequent and widely held as more successful, I argue to the contrary that resistance and reproduction of political domination are mutually constitutive. Public interest litigation and administrative litigation appear as new forms of political participation that constitute an internal regulation to the authoritarian regime, thus contributing to explain the regime's capacity to adapt and its durability. This article also accounts for new strategies developed by some lawyers that shun the courts and use law to ‘empower civil society’ and that thus do not contribute to structural reproduction. Though activists are struggling to turn their strategies into more institutionalized practices, they remain an ad hoc mechanism of internal control.     

Nation,national remembrance,and education – Polish schools as factories of nationalism and prejudice

This article describes and attempts to explain the reasons for the conservative and nationalist character of Polish schools. The author uses data from surveys, analyzes political programs, postulates concerning education put forward by conservatives, and quotes poems emphasizing national identity from textbooks used at schools to teach reading skills. According to the author, it can be observed that nationalists build an atmosphere of aversion to immigrants, which affects racism in the school hallways. The article also presents the phenomenon of so-called school chambers of national remembrance, which are part of patriotic rituals practiced by Polish society. The author emphasizes that nationalism is the basis for changes in history programs of study, which are part of the educational reform implemented by the Law and Justice (Prawo i Sprawiedliwo?? – PiS) government. The cultural soft power, which is used to make reality more “national,” complements the administrative and political hard power of the PiS party – both tools are used to create an authoritarian-nationalist vision of social order.     

Is sextremism the new feminism? Perspectives from Pussy Riot and Femen

As Pussy Riot has changed the face of political protest in Russia, to the south, Ukraine has seen the emergence of Femen, famous for their topless protests against everything from sex tourism and trafficking to hot water shut-offs in Kyiv to sexism in the Ukrainian government to Putin's visits to Ukraine. Their concurrent appearance in the post-Soviet sphere encourages a discussion around the mobilization of sexuality as protest in the region. Both groups appropriate sexual language and imagery as well as physical sexuality in protest of their current regimes. This article engages the question of similarities between the two groups’ efforts and considers what differences structure their political goals and philosophies. What potential does the global visibility of these groups have to influence an emerging women's movement, and, more generally, how can sexuality be harnessed as a unifying force in anti-government activism in post-socialist Russia and Ukraine?     

Animal liberation,American anti-terrorist culture and Denis Hennelly’s Bold Native

Since its birth in the last quarter of the twentieth century, the animal liberation movement has attempted to expose the transnational, global character of speciecism and institutionalised forms of exploitation. Within the American panorama, however, the “war against terror” following 9/11 had such a profound effect on (radical) activism at a legal and legislative level that the movement found itself in the position of having to reassess their focus, leading to theoretical and aesthetic responses to anti-terrorist rhetoric. The aim of this article is (1) to examine the manner by which anti-terrorist rhetoric affected the movement and how the movement appropriated such rhetoric to reinvent their own discourse, and (2) analyse the audiovisual semiotics employed by Denis Hennelly in his 2010 film, Bold Native, so as to address how issues central to the movement’s current struggle and assimilation of concepts such as “terrorism” and “patriotism” translate at an aesthetic level.