Agricultural Justice,Abnormal Justice? An Analysis of Fair Trade's Plantation Problem

A debate has arisen in the fair trade community regarding the certification of plantation crops. On one side of this debate is Fair Trade USA, which supports plantation certification. On the other is the retailer Equal Exchange, whose leaders fear that fair trade's longstanding commitment to small farmer cooperatives may be in jeopardy. Drawing on the two organizations’ experiences with tea plantations and cooperatives in Darjeeling, India, as well as my own ethnographic research, I explore how advocates in the global North identify who counts as a legitimate laboring subject of agricultural justice. This debate underscores that social justice in global agriculture is fundamentally multiple—in Nancy Fraser's terms, “abnormal”. The seeming intractability of this debate shows that while the agricultural justice movement has attended to questions of economic distribution and cultural recognition, it must do more to address problems of political representation at national and international scales.     

Justice Unbound? Globalization,States and the Transformation of the Social Bond

Conventional accounts of justice suppose the presence of a stable political society, stable identities, and a Westphalian cartography of clear lines of authority–usually a state–where justice can be realized. They also assume a stable social bond. But what if, in an age of globalization, the territorial boundaries of politics unbundle and a stable social bond deteriorates? Can there be justice in a world where that bond is constantly being disrupted or transformed by globalization? This article thus argues that we need to think about the relationship between globalization, governance and justice. It does so in three stages: first, it explains how, under conditions of globalization, assumptions made about the social bond are changing; second, it demonstrates how strains on the social bond within states give rise to a search for newer forms of global political theory and organization, and the emergence of new global (non-state actors) which contest with states over the policy agendas emanating from globalization; and third, despite the new forms of activity identified in the second stage, the article concludes that the prospects for a satisfactory synthesis of a liberal economic theory of globalization, a normative political theory of the global public domain, and a new social bond are remote.     

Race and Justice in an Australian Court: Prosecuting Homicide in Western Australia, 1830–1954

Contemporary rates of incarceration of Indigenous peoples in Australia are generally seen as quite recent in origin, an unwanted outcome of the emergence of Indigenous people into full citizenship from the 1960s. Yet for only relatively short periods were Indigenous people in Australia excluded from the full implications of the rule of law in its mode of criminal jurisdiction; for the most part, they were considered British subjects. Having been brought into criminal jurisdiction how did they fare? While much can be learned from archival research at the case level, we propose here that qualitative studies are best examined in quantitative context. In this article, the first ever quantitative study of Australian homicide over long periods of time, we consider how criminal justice worked for Indigenous and non-Indigenous defendants, identifying how many defendants in each group were prosecuted, and their varying treatment at trial process, outcome and sentence.     

Apartheid on Trial: South West Africa and the International Court of Justice, 1960–66

The deputation of Basuto chiefs to England in 1907 provides an example of close co-operation between traditional African chiefs, educated black activists, and white humanitarians in pursuing to the heart of empire the claims of Africans seeking remedy for injustices suffered under colonial rule. The deputation arrived at a time when the Colonial Office felt severely constrained in its ability to fulfil its responsibility of trusteeship towards its African subjects in colonies which were ‘on the eve of responsible government’. This article highlights the support provided in England by Frank Colenso, the son of Bishop Colenso of Natal, in partnership with his sisters in Natal, and argues that, though failing in its immediate aim, this black-led initiative led to a strengthening of relationships between black South African activists and white British-based humanitarians. It also provided an impetus for the development in England of a loosely knit informal organisational framework able to provide material, moral, and political support for South African political activists who were to visit England in deputations from the newly formed South African Native National Congress (forerunner of the ANC) to pursue their grievances against the South African government in the second and third decades of the twentieth century.     

Gender Justice and (In)security in Pakistan and Afghanistan†

ABSTRACT

This article argues that gender justice becomes a politicised issue in counterproductive ways in conflict zones. Despite claims of following democratic principles, cultural norms have often taken precedence over ensuring gender-sensitive security practices on the ground. The rightness of the ‘war on terror’ justified by evoking fear and enforced through colonial methods of surveillance, torture, and repression in counter-terrorism measures, reproduces colonial strategies of governance. In the current context, the postcolonial sovereign state with its colonial memories and structures of violence attempts to control women’s identities. This article analyses some of these debates within the context of Pakistan’s and Afghanistan’s security dynamics. It begins with the premise that a deliberate focus on the exclusion and limitation of women in Muslim and traditional societies sustains and reinforces the stereotypes of women as silent and silenced actors only. However, while the control of women within and beyond the nexus of patriarchal family'society'state is central to extremist ideologies and institutionalisation practices, women’s vulnerabilities and insecurities increase in times of conflict not only because of the action of religious forces, but also because of ‘progressive’, ‘secular’, ‘humanitarian’ interventions.     

Customary Legal Empowerment in Namibia and Ghana? Lessons about Access,Power and Participation in Non‐state Justice Systems

Since the early 2000s, legal development cooperation has displayed an increasing willingness to engage with customary justice systems. However, this engagement is frequently problematic. External actors often lack knowledge about the different versions of customary law, the negotiable nature of customary justice and the power differentials involved in defining customary law. In customary justice systems, norms are defined and negotiated in administrative structures and dispute‐settlement institutions. Inclusion in these fora is therefore of paramount importance to improve the position of vulnerable groups. To illustrate the point, this article analyses two case studies of customary justice reform, respectively focusing on gender dimensions in northern Namibia and land management in Ghana. These case studies demonstrate that when programming ignores issues of power and empowerment, it will not have the hoped‐for positive impact on vulnerable groups.     

In Defense of “Public Reason”: Supreme Court Justice William Johnson

For those of us who gravitate toward rebels and upstarts, Supreme Court Justice William Johnson has uncommon appeal, if only because he was the first member of the federal Bench to kick up his heels in a sustained, effective, and deliberate way. In 1954, Johnson's only biographer, Donald Morgan, proclaimed him “the first dissenter,” ¹ a force for democratization in the style of Thomas Jefferson and Andrew Jackson, the man who persuaded Chief Justice John Marshall to compromise on the question of unitary opinions and institutionalize (if not applaud) publication of concurring or dissenting departures from the majority's official reasoning.     

The Qing Dynasty Ministry of Justice Memorials and “The New History”

The Qing Dynasty Grand Secretariat Archives are considered to be among the four great ancient texts discovered in modern Chinese history, and the memorials from the Ministry of Justice have garnered particular attention due to their well-preserved socio-economic content(s). From the 20th century onwards the New History, with its emphasis on drawing upon the social sciences’ discussions of citizens, communities and society, came to replace the more traditional “Imperial Genealogy” style of historiography, affording us a grander view of history. Progressing forward with “the times,” the New History continued to innovate and diversify the field; in terms of Qing dynasty social historical research, it brought about constant exploration and change within the field, first having shifted from socio-economic history to social history, then moving on to life history, the investigation of the “seeds of capitalism,” class relations, lower-class society, marriage and family relations, law and justice, gender studies, daily life (“life, livelihood and environment”), and so on, continually pushing the boundaries of academic research. Yet, underlying all this change was a close relationship between the use of the Ministry of Justice Memorials and the field’s overall development. This article not only introduces several findings made by academicians in using the Ministry of Justice Memorials, but also sets out to further reveal the relationship between the New History and the memorials themselves, probing into the deeper question of broader changes in historiography and their relationship with generational shifts in intellectual thought.     

‘In Defiance of the Highest Principles of Justice,Principles of Righteousness’: The Indenturing of the Bechuana Rebels and the Ideals of Empire, 1897–1900

This article explores the controversy around the suppression of the Langeberg Rebellion and subsequent punitive indenture of the ‘Bechuana rebels’, a serious episode of colonial violence which, like many others, has been forgotten. In recovering this episode, I argue that such controversies were crisis points in wider attitudes towards empire and colonial relationships. The article focuses on what the debate reveals about the articulation of four imperial ‘principles’ that those challenging the punishment argued had been undermined: ‘freedom’, ‘protection’, ‘civilisation’ and ‘justice’. By comparing reactions in Britain and southern Africa, I demonstrate that these values, evoked as if universally understood, were configured in ways that spoke to the specificities of different colonial sites and that their meanings differed, even within what may be described as ‘humanitarian’ networks, across places of Empire. I argue that violent episodes, such as the Bechuanaland controversy, created ruptures that exposed these discrepancies and contradictions.