试论协商民主何以成为可能——基于理性分析的视角

20世纪后20年,一种新型的民主理论一协商民主在西方政治学界开始兴起、发展,并成为人们讨论和研究的焦点。作为一种可能的新型民主,从理性分析的视角来看,协商民主能够化解自由与秩序的矛盾,维护社会的平等和正义,能够在公开的理性下实现政治的合法性,解决现有民主制度的困境与挑战。     

Restorative justice: deliberative democracy in action?

This paper examines the emergence of restorative justice meetings—in which victims come face to face with offenders—and asks whether they provide an example of deliberative democracy in action. The article analyses some restorative justice initiatives from the United States and Australasia and finds that they exhibit inclusiveness, and create more scope for democratic control, but are less strong on the equality criterion. Accountability has also been identified as a weakness of restorative meetings but, drawing on deliberative democratic theory, the authors suggest a possible solution. In their ability to transform preferences of both victims and offenders, restorative meetings offer both a vivid example to deliberative democrats and a powerful challenge to justice systems that rely heavily on incarceration.     

The Shady Side of Consultation and Compensation: ‘Divide‐and‐Rule’ Tactics in Bolivia's Extraction Sector

The rights to prior consultation and compensation have been established within the framework of international indigenous peoples’ rights. However, in practice these processes have often gone hand in hand with adverse social consequences for local populations, such as the exacerbation of conflicts, the division of communities and the weakening of indigenous organizations. These phenomena have received little attention, despite their great relevance for these populations. This article sheds light on the use by the Bolivian state and extraction corporations of exclusionary participation and negotiation processes, on the one hand, and ‘carrot‐and‐stick’ techniques on the other, which have together accounted for negative social impacts on the ground. The article is based on recently conducted field research, focus group discussions and semi‐structured interviews in Guaraní communities in Bolivia. The findings extend the existing literature by providing a fine‐grained and systematic analysis of divisive undertakings and their sociocultural and sociopolitical consequences in neo‐extractivist Bolivia. The broader implications of the study add to academic debates about participation in development, about ‘divide‐and‐rule’ tactics and about the practice of indigenous peoples’ rights.     

The Political Art of Patience: Adivasi Resistance in India

Abstract: This article documents the emergence of the Denotified Rights Action Group (DNG‐RAG), a national social movement orchestrated to assert the citizenship rights of adivasi (indigenous) populations in India. It assesses the movement's efforts to engage the central Indian government in meaningful dialogue to accommodate the inclusion of marginalized adivasis in the democratic politics of the nation. In doing so, the DNT‐RAG reasserts the primacy of the Indian state as the principal engine driving the project of nation building, and as such, the site that activists target to further an agenda of equitable development and democratic rights for those known as India's Denotified Tribes.     

Jeremy Bentham's ‘unusually liberal’ representative democracy

Jeremy Bentham is a philosopher who deserves a prominent position in the history of democratic ideas. He not only thought popular rule as a vehicle for materializing his vision of utilitarian society, but also gave us a detailed picture of the basic institutions of the form of democratic governance he envisaged. It is also noteworthy that in hisradical system the people, who are the ultimate and undisputable source of all power, are protected from the authoritarian tendencies of state authorities not by a bill of constitutional rights but by a set of enhanced democratic powers that enable them to exercise strict control over their elected representatives. In this essay we present an outline of his ‘unusuallyliberal’ theory of democracy based on recently published texts and studies as well as a brief assessment of its strong and weak points.     

Jeremy Bentham's ‘unusually liberal’ representative democracy

Jeremy Bentham is a philosopher who deserves a prominent position in the history of democratic ideas. He not only thought popular rule as a vehicle for materializing his vision of utilitarian society, but also gave us a detailed picture of the basic institutions of the form of democratic governance he envisaged. It is also noteworthy that in his radical system the people, who are the ultimate and undisputable source of all power, are protected from the authoritarian tendencies of state authorities not by a bill of constitutional rights but by a set of enhanced democratic powers that enable them to exercise strict control over their elected representatives. In this essay we present an outline of his ‘unusually liberal’ theory of democracy based on recently published texts and studies as well as a brief assessment of its strong and weak points.     

EXEMPLIFYING ACCUMULATION BY DISPOSSESSION: MINING AND INDIGENOUS PEOPLES IN THE PHILIPPINES

Using a case study from the Philippines, this article applies David Harvey's theory of accumulation by dispossession to show how neoliberal policies enable mining corporations to locate, lay claim to, and develop mineral resources in formerly inaccessible areas, which for centuries have provided safe haven for indigenous peoples and their cultures. It explains why these factors are leading to an increase in armed conflict between military forces and guerrilla groups, which recruit their members from displaced indigenous people. The article concludes that the theory of accumulation by dispossession offers an appropriate analytical tool for understanding these processes.     

Natural and Unnatural Disasters: Responding with Respect for Indigenous Rights and Knowledges

A key challenge for contemporary democratic societies is how to respond to disasters in ways that foster just and sustainable outcomes that build resilience, respect human rights, and foster economic, social, and cultural well‐being in reasonable timeframes and at reasonable costs. In many places experiencing rapid environmental change, indigenous people continue to exercise some level of self‐governance and autonomy, but they also face the burden of rapid social change and hostile or ambiguous policy settings. Drawing largely on experience in northern Australia, this paper argues that state policies can compound and contribute to vulnerability of indigenous groups to both natural and policy‐driven disasters in many places. State‐sponsored programmes that fail to respect indigenous rights and fail to acknowledge the relevance of indigenous knowledge to both social and environmental recovery entrench patterns of racialised disadvantage and marginalisation and set in train future vulnerabilities and disasters. The paper advocates an approach to risk assessment, preparation, and recovery that prioritises partnerships based on recognition, respect, and explicit commitment to justice. The alternatives are to continue prioritising short‐term expediencies and opportunistic pursuit of integration, or subverting indigenous rights and the knowledge systems that underpin them. This paper argues such alternatives are not only unethical, but also ineffective.     

Evaluating Comanagement for Social‐Ecological Fit: Indigenous Priorities and Agency Mandates for Pacific Walrus

Governance arrangements such as comanagement are regarded by many as promising arenas for effective natural resource management. However, measuring comanagement's success at achieving conservation goals has been equivocal. Our research evaluates the lack of conclusive outcomes through a critical consideration of how different goals and values inherent in comanagement affect the institutional (or policy) diagnostic of “fit.” More narrowly, sustaining natural resources requires that management policies foster fit between the scales of sociopolitical processes governing resource use and the scales of ecological processes regulating a resource. Without a process that encourages such harmonization, theoretical and empirical evidence suggests that comanagement regimes are unlikely to accomplish long‐term conservation goals. We use a case study of walrus comanagement under the U.S. Marine Mammal Protection Act to demonstrate that when the formal institutions preconditioning comanagement do not develop out of a deliberative process among comanagement partners, two major problems can arise: (i) Policy institutions mismatch ecological and social processes relevant to resources and communities; and (ii) data to assess the fit of institutions and support learning is more difficult to acquire. In our case study, both these factors constrain the ability of comanagement to foster walrus conservation or support the capacity of Native Alaskans to adapt to contemporary social and environmental conditions. Our research concludes that to achieve marine mammal conservation, previous institutional arrangements framing comanagement that are predicated on static conceptions of people and ecosystems must be redesigned to provide better policy fit across local to international priorities. To do so requires opening up deliberative spaces, where Western science and priorities are confronted with indigenous perspectives. However, the benefit of enhancing deliberation carries risks and costs related to trade‐offs between the values of democratic process, and protections for both wildlife species and indigenous groups.     

Indigenous peoples' rights to their cultural heritage

Abstract

This paper discusses indigenous peoples' rights to their cultural heritage, using the example of rights to indigenous human remains, held by institutions, universities, scientific centres and museums. It addresses international developments in indigenous cultural policy at the United Nations and the European Union, with specific reference to Australia and the United Kingdom. It also outlines issues relating to indigenous peoples' collective rights, free, prior and informed consent, ownership of indigenous human remains and the issue of benefit sharing and sustainable justice. There are now several international declarations, conventions and policies in place to assist indigenous people in gaining some form of control and protection over their heritage, however, these international instruments are often unco-ordinated and lacking in any enforcement mechanisms and they hold little sway with those who retain indigenous human remains against the wishes of descendant communities.     

The Heroic Presidency in the Era of Divided Government

Abstract

Contemporary democratic theorists focus on democratic processes to the exclusion of the substantive goods which motivated their predecessors. This undermines the legitimacy of democracy, especially in an era of emerging democracies. This article critiques underlying deficiencies in contemporary theory and prescribes revisiting early modern, natural-law-based democratic theory exemplified by John Locke. Locke argued that the ultimate legitimacy of democratic processes depends on their serving the good of the people, as distinct from the will of the people. The authors argue that this conclusion is unavoidable, because it is impossible for democratic legitimacy to rest ultimately on any kind of process at all, even a democratic process. Legitimacy must rest on a substantive norm used to govern (create or repair) processes. Contemporary democratic theory seems unwilling to revisit this important problem.     

Participation and Rights in Athenian Democracy: A Habermasian Approach

This article analyzes the actual interaction of private and public immunities in ancient Athens, and argues that ancient democracy echoed to a greater extent than traditionally assumed the general dynamics and normative foundations of deliberative democracy. Without denying the important differences that distinguish ancient democratic Athens from modern democracy, I analyze the Athenian situation in light of Habermas's theory of deliberation, and argue that civic and individual liberties in Athens were democracy-enabling because they undergirded the exercise of collective political power. In Athens, the considerable respect accorded to the rule of law (as distinct from majority rule), legitimated private autonomy and created the circumstances that made collective self-government possible. Thus, this article contradicts the dichotomous approach to liberty held by some of the most prominent critics of Athens such as Isaiah Berlin and Benjamin Constant.     

Political Science in Mexico: Cold War and Post-Cold War Context

Abstract

Through a critical consideration of recent proposals urging the use of “citizen forums” or “mini-publics” on issues involving science, this article reflects on the challenge posed to democracy and democratic decision making by the intellectual authority of modern science. Though the danger of a descent into technocracy is real and pressing, arguably the most serious challenge to democracy today, these novel “deliberative democratic” institutions are unpromising as a corrective beyond the local level, and may actually exacerbate the problem. The article concludes with a consideration of alternatives.     

The Ainu of Japan: an indigenous people or an ethnic group?

Abstract

In 1997 the Japanese Parliament ratified the Act for the Promotion of Ainu Culture and the Dissemination and Advocacy for. the Traditions of the Ainu and Ainu Culture; this act officially designates Ainu culture and language for restoration and promotion in Japan. However, despite demands from Ainu people to be recognized as an indigenous group, the Japanese government designates the Ainu only as an ‘ethnic minority’. Generally, the Japanese define Ainu people as descendants of those. who assumed Ainu culture in Hokkaido during the period of Japanese colonization (from the 13th/14th centuries to the middle of the 19th century). A primary consideration today is to identify and date the origins of Ainu culture (which can then be conserved in accordance with the 1997 Act). Most Japanese academics agree that the Ainu people are the prior inhabitants of Hokkaido, but they also consider Hokkaido ‘Japan's inherent territory’. At present, the Japanese authorities seem to consider the term ‘indigenous’ to mean a population who had prior possession of land, but who now have no right to it or its natural resources. However, many Ainu continue to demand recognition as an ‘indigenous people’, rather than an ethnic minority.     

Contested spaces of illiberal and authoritarian politics: Human rights and democracy in crisis

The global moral appeal of human rights and democratic governance appears to be in severe crisis. In both the Global North and the South, many countries have witnessed the rise of racist, sexist, and illiberal politicians into the highest positions in the government. As one of Asia's oldest electoral democracies, the Philippines is not an exception in this global pattern of decline in civil liberties and democratic governance. Considering the case of the Philippines, this article addresses the following core question: How and under which conditions do contestations as well as legitimations of the Duterte regime emerge across domestic and transnational spaces? This article examines the transnational and domestic contestations and legitimations of the Duterte regime based on a spatially-oriented analysis of the official results of the 2016 and 2019 elections, while demonstrating the multispatial contestations against and in support of global human rights and liberal democratic norms. While the role of geography and spatialization in the formation of illiberal and authoritarian politics remains underappreciated, this article contributes to the disciplinary fields of political geography, comparative politics, and International Relations. Specifically, the article deploys a spatial approach in understanding the territorially-contingent patterns of contestations and legitimations of liberal democratic politics.     

The Ebb and Flow of Indigenous Rights Recognitions in Conservation Policy

At the 2003 World Parks Congress, diverse conservation actors called for the end of exclusionary approaches to conservation; recognition of customary forms of environmental protection; and restoration of losses to indigenous peoples whose lands were incorporated into protected areas without meaningful consent. A primary means to achieving such reforms has been the development of rights‐based approaches to conservation, expressed at the time as the better integration of human rights into the planning and management of protected areas. This article reviews the suite of publications that followed the 2003 Congress, each identifying the need for rights‐based approaches in conservation. All reviewed materials seek to operationalize human rights into conservation planning, but the review indicates a pattern of support for, then retreat from, and even a possible ‘backlash’ against, indigenous rights. The review also finds important differences in organizations’ ideas about who is responsible for protecting the environment versus who is responsible for protecting human rights. The authors draw from these findings a caution against the subversion of the original intention of rights‐based conservation to definitions that more fully serve conservation organizations’ own ends, based on the presumption that benefits (including rights) from environmental protection will eventually trickle down to people.     

Negotiating Cultural Heritage? Aboriginal–Mining Company Agreements in Australia

Mining and other forms of industrial development can result in profound and often irreversible damage to the cultural heritage of indigenous peoples. Fear of such damage regularly results in indigenous opposition to development and, in many cases, to delays in construction of development projects or even to their abandonment. Government legislation has generally proved ineffective in protecting indigenous heritage. An alternative means of achieving protection arises from the growing recognition of indigenous land rights and the opportunity this creates for negotiations with mining companies regarding the terms on which indigenous landowners may support development. To evaluate the potential efficacy of negotiated approaches, this article analyses forty‐one agreements between mining companies and Aboriginal peoples in Australia. It argues that negotiated agreements do have the potential to protect indigenous cultural heritage, but only where underlying weaknesses in the bargaining position of indigenous peoples are addressed. This finding has wider implications given that negotiation and agreement making are increasingly being promoted as a means of addressing the structural disadvantages faced by indigenous peoples and of resolving conflicts between them and dominant societies.     

Hungry for Justice: Social Mobilization on the Right to Food in India

This article explores the potential and limits of contemporary economic rights‐based social activism by analysing an ongoing ‘Right to Food Campaign’ in India. While social movement theory often positions radical and reform strategies as alternatives, the RTF campaign has adopted a hybrid strategy: it has made a radical legal demand that the right to food be recognized as intrinsic to the right to life, while seeking implementation of this right through reform of existing government feeding programmes. The campaign's dual strategy reflects two distinct logics of human rights: a logic of non‐derogable rights that are immediately actionable (such as the right to life) and a logic of progressive implementation of rights that can only be realized fully over time (such as economic rights). This article draws on original data to demonstrate that the campaign's radical legal demands framed around the non‐derogable right to life have come closer to fulfilment than its reformist demands around progressive implementation. The RTF campaign's relative success in galvanizing legal action on hunger is tempered by ongoing challenges in sustaining grassroots‐level mobilization and influencing public policy implementation.     

Mabo and Museums: ‘The Indigenous (Re)Appropriation of Indigenous Things’

In this paper I extend upon the categories of appropriation identified by Beings, land and people. Using the work of Nancy Munn (1984) and Annette Weiner (1992), I argue that the relationship between objects, place, Beings and people is of a consubstantial and inalienable nature. Following on from this argument, I propose that Aboriginal and Torres Strait Islander rights and interests in land or waters, as defined by the recent Native Title legislation, cannot be alienated from rights and interests in other cultural possessions. These other cultural forms include tjurunga, as well as songs, ceremonies and paintings. As this suggests, in the post-Mabo landscape museums represent important collecting sites for indigenous people; a somewhat different identity to the former status of museums as sites of indigenous collections.