清代地方审级划分的再思考——乾隆朝行政实践下的动态变通性和相对稳定性

学界关于清代地方审级的划分有三种主要观点,它们既有结论上的分歧也存在共通之处。本文利用议驳类刑部黄册,从驳案改正的角度,证实清代地方四层基本审级。地方审级的划分不是绝对的静态概念,本文在行政实践的宏观范畴下,重点依据山西、湖南两省的个案,动态考察地方审级中直隶厅州本管案件是否经由道审转的变化调整过程。地方审级等制度规定在动态运行中具有变通性,但相对稳定是其另一特点,行政实践下的地方审级是动态变通性和相对稳定性的统一。而在具体层面,中央和地方官员、地方内部的督抚与司道,又因为职位不同而使得彼此的立场与思维略有差别。     

从党权政治角度看孙中山晚年的司法思想与实践

孙中山的革命学说因时势变化而变化,其司法思想也因而变动不居。党权政治学说引入后,晚年孙中山完成了从“主权在民”到“主权在党”、从“天赋人权”到“革命民权”的思想转变。与此相适应,孙中山认为,在革命时期,作为治权之一的司法权要掌控于国民党手中,而非超越党派政治。实践中,孙中山努力探索司法“国民党化”之道,但囿于国民党党势、党力之不足等原因,国民党掌控司法的很多举措不免流于形式。     

The Guests' Guests: Palestinian Refugees,Lebanese Civilians,and the War of 2006

Abstract: In the war between Israel and Hizbullah in 2006, 10,000 displaced Lebanese citizens were granted shelter and hospitality by Palestinian refugees in the camps of southern Lebanon. For the duration of the war, the Palestinian guests became hosts to their own hosts, and this temporary reversal of the usual relations of refuge set the scene for the rebuilding and renegotiation of relations between Palestinian refugees and their host country and its citizens. This paper addresses these events through a focus on the nature, politics and ethics of Palestinian hospitality and argues that hospitality was not simply a selfless act of giving, but also an instrumental act that had the potential to transform Palestinian–Lebanese relations in lasting ways.     

Les Peintres et Sculpteurs du Roi et L’ « Expertise Artistique » Sous Louisxiv

At the crossroads of institutions, markets ands discourses, artistic expertise under the reign of Louis XIV has not been thoroughly studied. So-called "experts" belonged to the judiciary field: they were called upon to describe, attribute and evaluate paintings and sculptures in probate inventories or in the context of judiciary actions. Their appointment was a real performative act, since experts were chosen by the judge or the parties, without definite criteria. Therefore, experts were often - but not always - artists, either guild masters or academicians.     

Critiquing the heteronormativity of the banal citizen in New Zealand's mediated civil union debate

This article extends Billig's (1995) landmark thesis on banal nationalism by considering how processes of national deixis circumscribe the boundaries of citizenship and forms of belonging within nation-states. Drawing on critical analyses of sexual citizenship, the article provides a discursive analysis of the debate over civil union in the New Zealand mainstream press during 2004–2005. It argues that this mediated debate represented an historical moment where the routine deictic flagging of the nation, and the correlated flagging of the ‘banal citizen’, fundamentally broke down, thereby allowing this unmarked and ‘ordinary’ process to be systematically examined. Four major discourses are identified in press coverage: ‘Homosexual’ subjects as abnormal and disordered, tolerance, equality and human rights, the sanctity of marriage and the preservation of the family (and the social order). Although the passing of the Civil Union Act does mark a (faltering) step forward in sexual equality, we argue that the presence of these discourses suggests that forms of both ontological and cultural heterosexism persist in New Zealand society. Despite the Act conferring new legal rights, ultimately we conclude that the four discourses act to restrict the extent to which ‘homosexual’ subjects are considered ‘valid’ and ‘legitimate’ citizens. In continuing to structure the public politics of sexual citizenship in New Zealand, these discourses have influenced recent debates over legislative moves towards ‘marriage equality’ in ways that raise concerns over the continuation of heterosexist norms, as well as exclusionary forms of homo-nationalism. More generally, this research demonstrates the effectiveness of Billig's work as a valuable and productive analytic lens to explicate concerns over the exclusionary nature of citizenship itself.     

Muslims in Europe: Managing Multiple Identities and Learning Shared Citizenship

Abstract

This article offers a tour d'horizon of the new Muslim communities formed in western Europe in the last forty years, now numbering some 13 million. After some idiosyncratic, historic notes, a summary ethnic, socio-economic and demographic profile is given, followed by a suggested four phase development cycle. The differential incorporation of Muslims in public and civic life turns on a consideration of a number of factors: the presence of at least three different models for managing diversity within western Europe, as well as the institutional space accorded to "religion" in public life across Europe. Muslims are not presented as passive victims of exclusion but social actors carving out space for a distinctive "identity politics." Within the various Muslim communities a debate is taking place on whether or not they should participate in electoral politics - the contours of this debate are drawn. Attention is also drawn to inter-generational tensions and the issue of "radicalization" amongst sections of the Muslims educated and socialised in the West. The article concludes by reflecting on the whether the churches can act as an antidote to far right politics and "religious nationalism."     

The imperial race and the immigration sieve: The Canadian debate on assisted British migration and empire settlement, 1900–30

During the 1920s assisted migration from Britain sparked a complex and often bitter debate in Canada. It had long been held that migrants who required assistance were highly unlikely to make desirable new citizens. While the great majority of Anglo-Canadians wished to see increased British immigration in order to strengthen imperial ties and maintain the cultural character of their nation, they feared an influx of ‘unfit’, unemployed urban workers. In some quarters, these negative attitudes intensified as a result of Empire settlement schemes. Complaints about assisted migrants have been interpreted by some historians as evidence of growing nationalist, anti-imperial feeling in Canada. However, a broader overview of the debate indicates that many observers blamed the problems of Empire settlement on Canadian economic and social conditions, calling for reforms that would help British newcomers to succeed. At the end of the 1920s, even the strongest critics of assisted migration were still eager to encourage British settlement, provided that the immigrants could be drawn from rural areas rather than the cities.     

The Expansion of Emergency Powers: Social Conflict and the Military in Indonesia

The exercise of emergency powers is always controversial. This article identifies the expansion of the type and scope of emergency powers through legislative reform. It does so by examining the Indonesian Law on Social Conflict 2012, which allows a state of social conflict to be declared at the national, regional or local level in response to social conflict, such as conflict between religious or ethnic communities. The deliberate choice of the term “state of social conflict”, rather than “state of emergency”, is an attempt to obscure the nature of these powers. Analysis of these powers and the debate that has ensued suggests that the law expands the types of situation in which powers usually only reserved for an emergency are used, and by delegating this power to local authorities, the law in effect amounts to the expansion of emergency powers. I suggest that this should lead to renewed focus on meaningful limits and checks on the exercise of power during times of emergency.     

Realizing the Right to Development

The Right to Development as established in the 1986 UN Declaration on the Right to Development has now been recognized, through an international consensus arrived at in Vienna in 1993, as a universal and inalienable right and an integral part of fundamental human rights. That has not, of course, settled all the controversy regarding the nature and the content of the Right to Development, but the inter‐governmental debate has shifted more to the methods of implementation of that Right. This article reviews the nature and contents of the Right to Development by virtue of which every individual is entitled to a process of economic, social, cultural and political development in which all human and fundamental freedoms can be realized. It spells out a programme for implementation of the Right, step by step, through national efforts supported by international co‐operation. While the states are primarily responsible for realizing this Right for their citizens, the international community has the obligation of enabling the states to do so. A mechanism is proposed through international compacts to design, promote and monitor the process of implementation.     

Theory and the analysis of Australian politics

Sharman's 1989 APSA Presidential Address is a welcome critique of the interpretation of Australian politics, but the questions that it raises need to be taken further. The importance of Australian political experience in the formation of an indigenous political tradition is recognised, but it is misleading to see it as stemming from the desire to limit executive power. This article explores the nature of this indigenous governmental tradition, and goes on to consider what we learn from this debate about the nature of constitutional theory, and the relationship of academic debate to constitutional models.     

Popular perceptions of Europe and the Nation: the case of Italy

ABSTRACT. To date, European identity has not mobilised a feeling of belonging or solidarity that would be comparable to the ways in which national identities stir people's passions and make them ready ‘to die for’ their nations. However, much of the related political debate and scholarly analysis has paid little attention to citizens' understanding of European identity and the way this relates to national identity. This paper aims to contribute towards filling this gap. It explores qualitatively the relationship between national and European identity among Italian citizens with a view to answering the following research questions: How do Italian citizens define Europe? Who is a European? How does feeling European relate to feeling Italian? How do citizens perceive the European integration process? The article is based on 24 qualitative interviews with Italian citizens of varying age, gender, locality of residence and socio‐economic status, conducted in spring and summer 2003. The methodology adopted follows the discourse analytical tradition.     

National defence in the age of austerity

Preparations for the next UK defence review are under way; a struggle is imminent and the lines of battle are being drawn. There is a grave danger that in the new 'age of austerity' defence planning—and strategy generally—will be driven by tribal conflicts, either between supporters of one or other of the armed services or between contending viewpoints about the nature of conflict. And there will be others who will argue that the defence review should be driven simply by the need to reduce government expenditure, as quickly as possible. These arguments not only reduce the defence debate to a struggle between various incompatible and uncompromising tribal beliefs—'war among the fetishes', perhaps—they also miss the point. This article gauges the extent of the economic challenges which the UK defence establishment will confront over the coming decade. The authors consider how best to approach the problem of undiminished (and even expanding) commitments at a time of decreasing resources. They argue that defence planning should be driven by the notion of value (the ratio of function to cost), which in turn requires both a clear national political vision and a defence establishment which is output- rather than input-oriented. Finally, the authors assert that defence must transform itself to be able to achieve the outputs required in the most efficient and responsive manner.     

Citizens and soldiers: party competition and the debate in Pennsylvania over permitting soldiers to vote, 1861–64

Political historians of the Civil War era frequently downplay the role of the Democratic Party. Studies of the Democrats in wartime often describe the loyal opposition as able to do little more than react to the policies of the Republicans in power. This has been particularly true regarding the debate over whether or not soldiers should be allowed to vote. Most historians assume that Republicans supported permitting soldiers to vote because it was the patriotic, ‘right’ thing to do, and that Democrats then opposed soldier voting because soldier suffrage bills were Republican war measures and because the Democrats believed the Union army would vote overwhelmingly Republican. In point of fact, the Democrats developed their arguments against soldier voting before the Republicans developed their position in favor of it. Moreover, the Democratic position was rooted in deeply held beliefs, dating back to seventeenth‐century England. Democrats opposed permitting soldiers to vote because they believed soldier voting would destroy the republican liberty of American citizens.     

The first rite of passage: baptism in medieval memory

This article is part of a wider study that examines over 10,000 jurors' testimonies in proof-of-age hearings from 1246 to 1432, which were conducted to determine the legal majority of heirs-in-chief of the crown. It looks specifically at more than 1,500 references to the ceremony of baptism and tries to build up a picture of what the service was like in the memories of the participants. It reveals the haste and sometimes confusion of the preparations beforehand, the naming of infants, the role of godparents, the use of writing and the giving of gifts to record the birth, the celebrations that accompanied it, and details of the ceremonial itself, including the processions with lit torches and the crowds that often gathered. Despite the stereotypical nature of much testimony, it attempts to capture the atmosphere of what went on and what stuck in the minds of jurors.     

"Indirect Regulation" of Environmental Hazards Through the Provision of Information to The Public

Title III of the Superfund Amendments and Reauthorization Act of 1986 seeks to reduce the risks of chemical accidents through a strategy of indirect regulation that relies on providing the public with information about chemical hazards. For this strategy to be effective, citizens must aggressively utilize the information provided to monitor industrial practices and press for risk reduction. Since prior research suggests it is very difficult to evoke the degree of citizen action that would be required to make a strategy of indirect regulation successful, and since the federal legislation provided no funds for implementation, there is a question of whether the structures set up by Title III are sufficient to achieve its objectives. This article reports the results of anational study that examined selected aspects of the implementation of Title III in an effort to assess the likely outcome of its attempt at indirect regulation. Our focus is on the degree to which the Title III-mandated Local Emergency Planning Committees are pursuing policies that are likely to get the necessary information to citizens and foster community debate on hazardous materials issues.     

Readings on Thai Justice: A Review Essay

Abstract

How far can judges hope to address Thailand’s political problems? This article reviews six Thai-language books dealing with various aspects of the judiciary, exploring the historical and intellectual origins of the institution. Thirayudh Boonmee’s 2006 call for a judicialisation of politics – his own elaboration of two important royal speeches – builds on judges’ longstanding belief that they are acting “in the name of the King”. But their narrow, formalistic training ill-equips them to exercise broad powers. The article contrasts judges’ idealised self-understandings (as seen in a popular book on how to become a judge by Natthapakon Phitchayapanyatham, and in the 2010 Judicial Code of Ethics) with revisionist perspectives on the judiciary developed by critical scholars Nidhi Eoseewong, Piyabutr Saengkanokkul, and Somchai Preechasilapakul. Whereas judges may imagine themselves to be acting directly on behalf of the monarchy, revisionist scholars insist that since 1932 judges have formed part of a modern democratic order, in which they need to be more transparent and accountable. A close reading of these books reveals that there is no shared agreement in Thai society about the nature or basis of judicial authority.     

What Was Parliamentary Reporting? A Study of Aims and Results in the London Daily Newspapers, 1780–96*

The nature of these newspaper reports – that is, the character of their principal content – has never been studied, despite its obvious importance and, as we shall see, its marked differences from our Hansard. This article relates their nature to a vital feature of parliamentary leadership, the ability to lead the argument in debate. The practical reasoning in parliamentary deliberation and justification, especially what speakers contributed towards the outcome or ‘the sense of the debate’, predominated in these reports. This implied a need for reporters to concentrate on the ‘substance’ of speeches and their bearing on the motion. One result was that speeches which were judged to define or develop arguments pro and con were treated at length, the defining speeches most extensively and others in proportion to what they added. Conversely, speeches which reiterated known positions or which were irrelevant to the arguments in hand were omitted or downplayed, even if they were important in some other way, while whole debates which added little to ongoing discussion could be treated quite briefly. But if being a front bencher did not guarantee coverage, being a back bencher was no bar: the criterion was the importance of a speaker's contribution, while the manner of coverage accented what was contributed. The reporters’ concerns emphasized debates that promised significant change in matters of national importance, but gave relatively little attention to recurrent or localised business as such. Their writing – they were known as debate writers or news-writers – was interpretation answering to evaluative and selective criteria rather than a record in a simple sense. Their work is not to be understood in the same terms as a modern Hansard, and in particular not as a defective Hansard, but rather is such that it requires further work on a wide range of new research questions if it is to be understood to best effect, a requirement which suggests a need to study it critically before using it as source material.     

Beyond the One-World Frame of Fiction: The Breakdown of Reality in Hushang Golshiri's Stories

The debate over political commitment in Iran was never limited to adjudicating content: it was frequently a debate over form as well. In the realm of fiction, this debate fixated on realism, the nature of mimesis, and the autonomy of art and the literary text. Within a few short years after forming the iconoclastic journal Jong-e Esfahan in 1965 with a group of likeminded colleagues, the writer Hushang Golshiri had become the preeminent modernist fiction writer in Iran. His critical essays represented a passionate defense of aesthetic autonomy at a time when realism and, particularly, socialist and “engaged” literature were powerful shibboleths in the Tehran literary scene. This paper begins with a look at Golshiri's critical interventions in this debate and then moves on to show how the short stories he produced in the Jong era were an even more integral part of his response to the mimesis question. By reading his stories with a methodology drawn from “possible worlds” theories of narratology, Todorov's fantastic, and Golshiri's own theories, we see how these works break down the “one-world” frame of reality that realism takes for granted, and require the reader to grapple with multiple, often contradictory, possible realities in its stead.     

Symbolic recognition,multicultural citizens,and acknowledgement: Negotiating the Christmas Wars

In recent times, December has come to mark a new tradition—an annual public debate over the degree to which Christmas should be publicly recognised and celebrated in a multicultural society. Curiously, political theorists of multiculturalism have had little to say on this controversy. In this article, I argue that there is a genuine issue at stake in the so-called ‘December dilemma’, but that the public debate—which construes the matter in terms of offending non-Christians—fails to identify and address it. Differentiating three distinct areas of contention (public holiday, public square, and state schools), I suggest that the core issue is one of ‘acknowledging a “generalised other”’, and sketch what this might mean for each of these public aspects of Christmas celebration.     

The judicialization of politics,Italian style

Abstract

The recent dramatic changes in the Italian political scene have been related to the expanding role of the judiciary. The judicialization of politics is a process at work in many other democracies, but in Italy the judicial revolution has been supported by an institutional setting of increasing independence and by the strong powers entrusted to public prosecutors. However, until 1992 judicial power was somewhat balanced by the strength of the political class. But the political crisis that came to a head in 1992 has opened a political vacuum that the judiciary has been able to fill.

The 1996 elections have brought to power a new and stronger political alliance, the Ulivo. A new political stability could lead to a containment of judicial power but it is unlikely that the Italian judiciary will be brought back to its traditional passive role. Judicialization has to be considered a permanent trait of the Italian political system.