Reviews

Books reviewed:
Loughlin, Sword and Scales: An Examination of the Relationship Between Law and Politics
Schønberg, Legitimate Expectations in Administrative Law
Bingham, The Business of Judging: Selected Essays and Speeches
Scott-Hunt and Lim, Feminist Perspectives on Equity and Trusts
McColgan, Women Under the Law: The False Promise of Human Rights     

The Pinochet Case: International Criminal Justice in the Gothic Style?

Book reviewed in this article:
Woodhouse, Diana (ed), The Pinochet Case: A Legal and Constitutional Analysis     

唯美主义与现实主义的巧妙融合——奥斯卡·王尔德《亚瑟·萨维尔勋爵的罪行》解读

奥斯卡.王尔德的短篇小说《亚瑟.萨维尔勋爵的罪行》从故事情节、人物塑造和叙事手法等方面,反映出王尔德唯美主义文艺观的丰富内涵。王尔德的文学创作并非都是“为艺术而艺术”,其中有些作品既是唯美主义又具有现实主义社会批评性质,是两者的巧妙融合。     

Britain’s Place in the Contemporary World

This article offers a personal view of Britain’s place in the contemporary world, analysed in terms of five interlocking rings: the traditional three, i.e. relations with the United States, with Europe and the Commonwealth, to which are added the concepts of process and soft power.     

The effects of protracted conflict and displacement on citizen engagement in Northern Uganda

The Acholi region of Uganda was deeply affected by the war between the Lord’s Resistance Army and the Government of Uganda from the late 1980s to 2006. This article presents qualitative case-study research of how citizen engagement evolved during the conflict and period of internal displacement, analysing the mechanisms through which violent conflict affected the sense and practice of citizenship. The findings show that the securitisation of local institutions and the militarisation of the public sphere limited the opportunity for learning the practice of citizenship. In the post-conflict situation, perceptions and behaviours that developed during the conflict period persist among the Acholi. Finally, the experience of protracted conflict has a negative impact on a sense of citizenship, which weakens the confidence of the Acholi people to engage with the state. With practices of citizenship limited by inexperience and a sense of citizenship that is characterised by alienation, the Acholi find it difficult to hold state actors to account. This demonstrates the need for a clear understanding of the continued fragility of citizenship after violent conflict.     

The Public Eye and the Citizen-Voyeur: Photography as a Performance of Power

This paper argues that photography is best grasped not as a medium of visual communication, but as a manifest performance of the power to make visible. As such, photographic practices are central to the experience and demarcation of private/public boundaries in advanced media cultures. In the private domain, photography is both a ritualized domestic activity and provides conventional and definitive representations of the domestic. These functions are ostensibly opposed to photography's role in the public realm: the same visual technology becomes, in the mass media, both the index and agent of publicness itself, with the paparazzi?especially in the aftermath of Princess Diana's death?symbolizing the violation of the private. The paper explores the ways in which photographic performance at the public/private boundary dramatizes power relations through forms of social transparency, voyeurism and memoralization. It also asks whether momentary crises in the dominant scopic regime can provide the basis for alternative ‘uncanny’ visual practices that are tenable and empowering.     

Petitioning in early seventeenth-century Scotland, 1625–51

ABSTRACT

In contrast to recent work on England and other parts of Europe, research on petitioning in early modern Scotland is still in its early stages, notably in respect of its political significance in a comparative context. This article investigates supplicatory activity in Scotland during a crucial period in which the petition came under intense scrutiny. The 1630s saw a determined attempt by King Charles I’s Scottish government to clamp down on the use of supplications to express criticism of royal policy; assertive, but carefully controlled, petitioning was one part of a resistance strategy that resulted in the downfall of the king’s regime. When a new government came to power in 1638 headed by the Covenanters, petitioning activity came to be seen as a potential challenge to their authority. Petitioning does not appear to have invoked ‘opinion’ in 1640s Scotland as has been claimed for England; the printed petition remained a rarity in Scotland. Nevertheless constitutional reform, combined with the wartime conditions of the 1640s, generated more recourse to petitioning, and the government recognized opportunities to enhance its claims to legitimate rule. A preliminary investigation of everyday petitions to the government during the 1640s shows how the narratives constructed by supplicants often sought to endorse its values and ideals, but that this type of petitioning was also used by supplicants to critique the government’s policies and hold it to its own rhetoric.     

周公作诗传说的文化分析

《诗经》中,有七篇作品被战国秦汉学者指实为周公所作,但后人颇多争议,驳论之说多可成立。秦汉时代流传的《诗经》本事偏重于道德之善,而相对忽略事实之真,多为战国时人臆造。清华简所载《蟋蟀》本事当是后人拟撰附会。     

Why Should Justice Be Seen to Be Done?

A well-known maxim instructs that justice should be seen to be done. When “seen” is understood in the sense of “observed”, the maxim is easily defended: open court proceedings protect against arbitrary and partial decisions. However, when “seen” is understood in the sense of “seem,” the maxim is more puzzling, since it is not obvious why courts should concern themselves with people's perceptions that justice has been done. This article addresses this issue, with a particular focus on the social and other benefits that result when judges observe procedures that are widely regarded as fair, especially in criminal trials. The article draws on empirical studies in social psychology that show that when legal authorities treat people in ways that accord with “lay” procedural expectations, they are more likely to view the authorities as legitimate, to cooperate with them, and to obey the law out of an internalized sense of obligation. The article explores the moral significance of these empirical findings, arguing that it would be superficial to see them as a recipe for social stability. The deeper truth conveyed by the empirical research is that relating to people in ways that are widely perceived to be fair is a way for authorities to engage people's moral sentiments and to enliven their virtuous capacity to put aside considerations of self-interest so as to do what is right. This dynamic provides a sound moral foundation for courts to concern themselves with perceptions of justice.     

“Survival Mode”: Rebel Resilience and the Lord’s Resistance Army

ABSTRACT

To date, scholarly work on armed groups has seldom considered the notion of rebel resilience, or the factors that enable these groups to survive despite time, military pressure, and the myriad contingent events of civil war. In an effort to develop an explanatory framework for resilience as a distinct outcome of civil war and rebellion, this article examines the conditions under which the Lord’s Resistance Army (LRA) has persisted for nearly three decades. Based on fieldwork and original research, the article explains the LRA’s resilience in light of the group’s organizational structure and resource self-sufficiency, which have been well suited for the borderlands of East and Central Africa. The LRA is a key case of rebel resilience. It is important because it sheds light on the organizational foundations of armed groups, the relationship between resources and rebellion, and the broader study of conflict duration and termination. Understanding the sources of the LRA’s resilience can inform efforts to end such insurgencies.