司法能动性何以实现?——以最高人民法院司法解释为分析基础

司法过程中法官在法律适用中的自由裁量权体现了司法能动性.我国主要是由最高人民法院发布大量抽象性司法解释的方式来指引法官在个案审理中的法律适用,这种司法能动性的行使方式在理论界和实务界引发了一定的争议.我们应当客观地看待我国最高法院的司法解释权,而在未来的发展中,我国应当在纯化现有司法解释体制和审级制度改革的基础上,辅以判例,并逐步扩大法官在个案审理中的法律解释权.     

新中国成立以来基层社会犯罪治理的历史图景与法理——以浙江龙泉为例

县域治理在国家治理中居于基础地位,而基层社会的犯罪治理直接关系着国家的长久治安。以浙江龙泉为例,纵观新中国成立后基层社会犯罪治理的发展历程,其治理模式大致经历了"全能主义治理""综合治理""合作式治理模式转型"等三种类型的更替。犯罪治理的变革主要表现为治理主体、治理方式、治理内容与治理模式的变化。70余年来,基层社会犯罪治理一些特有的机制得以延续,成为了当前犯罪治理的基本特征与经验,主要包括国家主导与地方探索、正式制度与非正式制度的综合运用、常规治理与运动式治理并存三个方面。未来,应当创新社会治理,推动犯罪治理的良性运行。     

‘A Pioneer in the Struggle for Social Justice’: Manuel Larraín and Transnational Catholic Activism in Latin America in the 1950s and 1960s

This article explores the development of inter-American Catholicism during the 1950s and 1960s. It analyses the role of the Chilean Catholic bishop Manuel Larraín (1900–1966) in his efforts to disseminate his diagnosis of underdevelopment in Latin America and to establish links with the Catholic world in the United States. Based on a review of his writings, the American press and documentation from Catholic organisations, it is suggested that the Chilean bishop advocated the implementation of social reforms and American collaboration to prevent the advance of communism and strengthen Catholicism on the continent.     

Hedge Funds, the Deutsche Börse Affair and Predatory Anglo-American Capitalism

Boardroom trouble at Deutsche Börse, the company that operates Germany's main stock market, has recently provoked an important debate about competing capitalist models. Werner Seifert, Deutsche Börse's ousted Chief Executive, was eager to portray himself as the innocent victim of aggressive Anglo-American investors who had bought into his company but failed to understand its traditional operating ethos. In this, he was ably supported by key figures within the ruling Social Democratic Party, who, in order to shore up the party's core support, had increasingly come to blame overseas hedge funds for the development of German corporate governance models which prioritised profits over jobs. I review the SPD's structural reading of the Deutsche Börse affair, whilst comparing it to an alternative interest-based reading. The latter allows me to focus more closely on the issue which, more than any other, led to Seifert's downfall: his refusal to bow to the expressed interests of his own shareholders by pressing ahead, against their wishes, with a hostile bid for the London Stock Exchange. Seifert's eventual removal foreclosed the possibility of an integrated London-Frankfurt stock market and, somewhat ironically given the SPD's response to the affair, as a consequence it also prevented the entry of London's highly capitalised institutional investors into the German market for corporate control. The actions of Deutsche Börse's overseas shareholders might still be seen as evidence of a predatory Anglo-American capitalism. However, their successful removal of Werner Seifert may well have been responsible for temporarily keeping other financial predators at bay.     

Shaping the online fat acceptance movement: talking about body image and beauty standards

Over the past decade, in Canada and the United States, blogs have become a popular and important space for fat women and their allies to create and further develop discursive strategies to contest the gendered anti-fat discourses perpetuated by the media, governments and the field of medicine and institutions of public health (e.g., Elliot, C. (2007). Journal of Canadian Studies, 41, 134–149. Gimlin, D. (2002). Body work: Beauty and self-image in American culture. Berkeley: University of California Press; Herdon, A. M. (2006). Social Semiotics, 15, 127–141. Rice, C. (2007). Women's Studies International Forum, 30, 158–174. Currently, popular discourses pertaining to fat people, particularly women, tend to range from larger bodies implicating a ‘moral deficit’ to a ‘risky behaviour’ to ‘political discrimination’ where elements from each discourse shape how fat women's bodies are read within the broader culture (Fikkan, J. L., & Rothblum, E. D. (2011). Sex Roles, 66, 575–592. Kwan, S. (2009). Sociological Inquiry, 79, 25–50. These messages in positioning the thin body as the ideal body are embedded in neoliberal discourses around citizenship that, in emphasizing personal responsibility, encourage (sometimes) punishing regimens of strict diets and exercise, and perpetuate an image of responsible citizenship as an extension of modern interpretations (Herdon, 2006). Using content and thematic analysis, we systematically analyze how four female self-identified fat acceptance (FA) bloggers discuss beauty standards and body image as a means to challenge these discourses. Findings suggest bloggers import elements from LBGTQ movements to extend dominant discursive strategies, model alternative forms of fat embodiment, and address the economic marginalization of fat women in industry. Moreover, through discussions on beauty and body image, bloggers use online spaces to contest anti-fat discourses and to develop discursive strategies that move beyond the binary of fat as a lifestyle choice, and body size as biologically or genetically determined that dominate the fat acceptance movement.     

The European Court of Justice and its political impact

This article reviews recent advances in the study of the European Court of Justice (ECJ) and its political impact at the European and member state levels. New quantitative as well as qualitative analyses show with great empirical precision that member state preferences guide the Court. The article summarises these findings, but argues that greater attention needs to be given to the (over-)constitutionalisation of EU law in order to fully capture the political impact of ECJ jurisprudence. Even if European judges are less activist than is often assumed and individual decisions are more restrained in the face of member state opposition, incrementally, case law evolves in a highly expansive fashion. And, exercising caution regarding unrealistic expectations about quasi-deterministic judicial law-making, it is found that the Court’s constitutionalised jurisprudence impacts heavily on European and member state policy-making.     

Choosing to be political: some reflections on youth activism in the US

This article explores youth activism in the US, not through the lens of collective action, but as the product of personal choices. By drawing on existentialism, and particularly on the work of Jean-Paul Sartre, this article proposes to shift the focus of the debate from youths’ collective action to the self – a conscious self that observes, perceives and makes sense of the surrounding world through personal experience. It is this conscious self that decides how, and whether, to intervene against the ‘wrong’ that the self experiences. In this perspective, it is not only the acts (of citizenship) that matter, but the conscious process through which the self chooses to become political. Such an understanding will ultimately help uncover not only how the undocumented act and how to conceptualise their acts but also how they perceive and experience their current status and who they want to become.     

Advocating for the cause of the “victims of Communism” in the European political space: memory entrepreneurs in interstitial fields

The European Parliament (EP) adopted, between 2004 and 2009, a series of resolutions calling for recognition of Communist crimes and commemoration of their victims. This article focuses on an overlooked aspect of anti-Communist activism, the awareness-raising activities carried out by some Central European Members of the European Parliament (MEPs) to perpetuate the cause through networks that enable them to exchange institutional credibility, scientific legitimacy, and policy-oriented knowledge with Institutes of National Memory, parts of academia, and victims associations. Although they use the techniques of expertise and scandalization that are often effective in European institutions, these memory entrepreneurs have largely failed to further their claims in the European Union (EU) after 2009. In line with the turn toward “practice” in EU studies and the increased attention paid to agency in memory politics, this article contends that the conditions of production of their narrative of indictment of Communism accounts for this relative lack of success. Because their demands produced a strong polarization inside the EP while colliding with established Western patterns of remembrance, these MEPs’ reach remains limited to their Conservative peers from the former Eastern bloc. This weak national and ideological representativeness hinders their capacity to impose their vision of the socialist period in the European political space.     

Differences in the executive council of the American federation of Labor

The 1936–1937 General Motors sit-down strike may be the most famous work stoppage in American history. The victory in Flint so heartened workers that a veritable “sit-down fever” wave spread across America. But are labor scholars guilty of unintentionally spreading a Whiggish view of history? Just 7 weeks after the victory in Flint, Hershey Chocolate workers sat down. Within 7 days they were forcibly ejected from the factory and beaten by a mob. This article takes a look at the events in Hershey with an eye toward raising questions about the overall efficacy of sit-down strikes. Although it by no means wishes to diminish the heroism or the usefulness of the Flint sit-down, it argues that a balanced look at the past requires a deeper look into the strikes that failed. The question is of the utmost importance for the contemporary labor movement, as some activists have called for a revival of sit-down militancy as a tactic for organized labor to reverse decades of decline. This may not be wise strategy, as past sit-down strikes are too narrowly filtered through the triumphant lens of Flint.     

Silenced narratives of women’s participation in labour and political struggle in Spain, 1960–1975

ABSTRACT

This article studies women’s participation in the struggle against the dictatorship in Spain (from 1960 to 1975). Drawing on life stories of women activists from el Marco de Jerez, it examines their repertoires of actions, their frames, and the lack of recognition from both academic and political spheres. A Gramscian approach and the perspective of hegemonic masculinity contribute to explain how women organized, how represented their collective action, and why their memories have been silenced. The theoretical approach has helped to identify relations of hegemony within feminist studies and political movement.