Regulatory Enforcement,Riskscapes, and Environmental Justice

Does environmental regulation vary over poor and minority communities? An uneven governmental response may follow from regulators' varying incentives to negotiate enforcement challenges. We argue that regulators confront two in particular. Regulators can pursue political enforcement, responding to mobilized interests, regardless of environmental risk, or they can pursue instrumental enforcement, responding to at‐risk communities, regardless of political mobilization. To examine these competing strategies, we use an original dataset from the EPA's Risk‐Screening Environmental Indicators model to develop a geographic “riskscape” combined with census tract community data and facility‐level enforcement data. We find that state regulatory agencies pursue a mixture of political and instrumental enforcement, but that these tactics are applied unevenly across traditional environmental justice communities. Specifically, state agencies devote more attention to facilities in communities with relatively higher risk, but less attention in the area of punishment for violations for facilities located in Hispanic communities. Importantly, this lack of attention to Hispanic communities is not mediated by the relative level of risks that they face, but it is to a significant extent in communities in which environmental justice advocacy organizations operate.     

Constructing Indigenous Subjectivities: Economic Collectivism and Identity in the Ecuadorian Amazon

This article uses a governmentality analytic to understand the efforts of indigenous leaders from the Ecuadorian Amazon to shape their organizations’ members over the past four decades, particularly efforts to promote collective engagement in market‐oriented activities. A close examination of one organization's history reveals that leaders’ subjectivity‐shaping efforts have been strongly influenced by collaborations with the state, NGOs and others. They have also been shaped by historical understandings of status and leadership. However, collaborative economic projects are also used by leaders as a tool for producing new kinds of indigenous citizens, ones that are actively engaged with larger communities of indigenous people beyond their kinship groups. Leaders see these new senses of citizenship as empowering, and as a critical precursor to planning land use and livelihoods. Thus, indigenous leaders are not simply conduits for the subjectivity‐shaping projects of the state and international development groups; nor are they simply acting in their own interest. Rather, they constitute and regulate new types of citizens to ensure the future viability of their organizations and political projects.     

After Emancipation: Thomas Fowell Buxton and Evangelical Politics in the 1830s

After the Emancipation Act of 1833 officially abolished slavery in the British empire, it became clear that the anti‐slavery coalition was even more tenuous than many had believed. The expectations created by reform, and by the previous measures removing disabilities on dissenters and catholics, sent the various elements within the anti‐slavery camp in different directions. This splintering of efforts was especially true of evangelicals in parliament. During the next four years, the anti‐slavery leader, Thomas Fowell Buxton, went through a reorientation as he worked to make sense of his priorities under new political conditions. Although involved with many issues of the day, Buxton came to focus on the plight of aboriginal peoples in the British empire and then formulated his proposals to end African slavery. Buxton's shift represents a larger one for evangelicals in England. While they could not all agree on the benefits or morality of poor law reform or the appropriate way to handle the Irish Church question, most could agree that the peoples coming under British rule should have their rights protected, especially if it opened a way for further missionary activity. By 1840, Buxton's efforts provided a set of concepts and an agenda for many people of otherwise diverse political bent. Domestically, the evangelical communities in Britain might disagree on what policy and programmes served their civilisation best; but they all agreed that Britain's growing empire needed to be directed in a way that promoted christianity and commerce, and hence the spread of ‘civilisation’.     

Towards justice in planning: A reappraisal

The concept of justice is central to a political activity such as planning. This is reflected in the initial influence of consequentialism, particularly utilitarian conceptualizations, in planning thought and more recently in the application of Rawls' notion of “justice as fairness” and Habermas' “discourse ethics”. However, contemporary normative planning theory has been vigorously criticized by studies which take as their starting point the material realities of planning practices. In this paper it is argued that notwithstanding the crucial contributions of Habermas and Rawls to political philosophy their constitutional level conceptualizations were never intended to be applied to the task of situated judgement associated with the highly contested decisions at the heart of the planning activity. Consequently, the issue for the planning community is not so much can the concepts of justice embodied in Rawls' “justice as fairness” or Habermas' “discourse ethics” be found in practice but could they ever. More generally it has been argued that the inevitable abstraction in liberal theories of justice comes so close to idealization that their ability to help individuals and societies to address the question of “what is to be done?” is seriously called in to doubt. This in turn has led to concern that an adequate account of justice should be able to link abstract principles to context sensitive judgement of particular cases. The paper explores some implications of these debates for the future development of theory and practice in planning.     

Does global egalitarianism provide an impractical and unattractive ideal of justice?

In his important new book National responsibility and global justice, David Miller presents a systematic challenge to existing theories of global justice. In particular, he argues that cosmopolitan egalitarianism must be rejected. Such views, Miller maintains, would place unacceptable burdens on the most productive political communities, undermine national self‐determination, and disincentivize political communities from taking responsibility for their fate. They are also impracticable and quite unrealistic, at least under present conditions. Miller offers an alternative account that conceives global justice in terms of a minimum set of basic rights that belong to human beings everywhere. Primary responsibility for securing such rights for an individual lies with his or her state, but in so far as these rights go unprotected, responsibilities for fulfilling them may fall on outsiders. While less ambitious that cosmopolitan egalitarian justice, Miller argues that his own view would nevertheless enable us to articulate what is most morally objectionable about our current world. In this article it is argued that none of Miller's critiques of cosmopolitan egalitarianism is effective, and that while certainly preferable to the status quo, a world governed by Miller's principles is not an attractive ideal.     

The Urban Injustices of New Labour's “New Urban Renewal”: The Case of the Aylesbury Estate in London

This paper discusses the urban injustices of New Labour's “new urban renewal”, that is the state‐led gentrification of British council estates, undertaken through the guise of mixed communities policy, on the Aylesbury estate in Southwark, London, one of the largest council estates in Europe. In this particular case of post‐political planning I show how the tenant support for the regeneration programme was manipulated and misrepresented and how choices were closed down for them, leaving them ultimately with a “false choice” between a regeneration they did not want or the further decline of their estate. I look at what the estate residents thought/think about the whole process and how they have resisted, and are resisting, the gentrification of their estate. I show revanchist and post‐political practices, but ultimately I refuse to succumb to these dystopian narratives, very attractive as they are, for conflict/dissent has not been completely smothered and resistance to gentrification in and around the Aylesbury is alive and well. I argue that we urgently need to re‐establish the city as the driver of democratic politics with an emancipatory agenda, rather than one that ratifies the status quo or gets mired in a dystopic post‐justice city.     

"FIRST FEED THE FACE": ENVIRONMENTAL JUSTICE AND COMMUNITY FOOD SECURITY

Environmental justice and community food security represent parallel though largely separate movements whose linkage would help establish a new community development, environmental, and empowerment-based discourse. Environmental justice has been limited by its risk discrimination focus, even as environmental justice organizations have shifted to a broader social justice orientation, eclipsing their earlier environmental focus. Community food security advocacy, while offering a concrete example of linked agendas and constituencies, has yet to effectively outreach to environmental justice groups. Coalition building efforts, such as the Community Food Security Empowerment Act, presents that opportunity.     

Surviving in the margins of a genocide case in the making: recognizing the economy of testimony at stake in research on political violence

ABSTRACT

In this article, we aim to draw attention to the hopes, frustrations and disillusions that so-called ‘transitional justice’ projects produce in drastically poor, war-torn, historically marginalized but politicized Indigenous communities. Drawing on extensive ethnographic research we conducted separately between 1982 and 2010 in Guatemala and Mexico, we describe the ways in which the world came to know about Finca San Francisco’s massacre, committed by the Guatemalan army on 17 July 1982, as part of its scorched earth policy. We then look at the various forms of reparations its survivors have been the subject of. In so doing, we focus more specifically on how the Center for Human Rights Legal Action (CALDH), the non-governmental human rights organization that was behind the Ríos Montt genocide case, mobilized Finca San Francisco’s massacre survivors to become participants in the trial. After examining how the survivors of Finca San Francisco responded to CALDH’s mobilization efforts, we reflect on the kind of ‘gift’ these survivors expected in return for their stories of annihilation and destruction. Our goal is to bring to light the ‘economy of testimony’ that human rights activists, journalists or social scientists become entangled in once they ask genocide survivors to testify about the brutal deaths of their loved ones.     

Latinos and Environmental Justice: Examining the Link between Degenerative Policy,Political Representation,and Environmental Policy Implementation

The theory of social construction and policy design is insightful for exploring the circumstances in which the allocation of policy benefits and burdens is attributed to the feed‐forward effect of degenerative policy that institutionalizes bias and reinforces the prevailing categorization and embedded social meaning regarding target populations. However, this theoretical framework has not been broadly adopted to analyze the environment‐related phenomena. With a nationwide, block‐group‐level sample, this study examines the extent to which degenerative policies pertaining to immigrants influence state agencies' environmental regulatory outputs for predominantly Latino communities. Results show that in the states with moderately to most restrictive immigrant policy and high levels of Latino representation in legislatures, the rigorousness of government agencies' compliance monitoring activities decreases for Latino neighborhoods of environmental justice concern, as states' policy stance toward immigrants becomes more unfavorable. More Latino elected officials do not bolster policy implementation efforts for the vulnerable communities or offset the backlash effect of immigrant policy.     

Settlement fortification in village and ‘tribal’ society: Evidence from contact-era New Guinea

Using ethnographic data from contact-era New Guinea, this paper seeks to advance an understanding of the logic of settlement fortifications—i.e., the principles governing their design and operational functioning. This issue has been largely neglected because the principles involved seem so obvious: fortifications function to improve the security of a position by impeding an attacker’s efforts to penetrate it. For village and tribal societies, though, this can be an oversimplification. In these communities, people are generally most dependent on their settlement fortifications at night, when they are home and asleep; yet the cover of night is precisely when settlement fortifications are at their most vulnerable to penetration. What the New Guinea evidence reveals is that settlement fortifications were designed not just to keep attackers out but, even more important, to keep them in once they had penetrated and launched their attack. Defenders could then rally and annihilate their assailants, creating a powerful deterrent against attack in the first place—the best defense of all. These findings are applied to an early Late Woodland site in Ohio to illustrate their potential for informing an archeology of war.     

On the question of historical injuries: Transitional justice,anthropology and the vicissitudes of listening (Respond to this article at http://www.therai.org.uk/at/debate)

In this paper I am concerned with how certain kinds of violence and injuries, located simultaneously in multiple spaces and temporalities, question the prospect of what I call an ‘imagined new future’. I take the proceedings of a recent workshop on transitional justice, held in a university situated in the global North, as an avenue to unpack this idea. Here, I distinguish two instances when testimonies of violence embodied by survivors, may challenge broader assumptions about transitional justice. Firstly, when the prospect of historical injuries emerge, when difference and inequality – despite the promise of new post‐violence nations – are in fact woven together into a longue durée, a longer temporality, that remains beyond the theoretical contours and technical mandates defined by experts in the field. From this perspective, transitions may be experienced by specific communities not as fractures but as relative continuities, for example, of historically rooted political and economic hegemonies. Secondly, when the voice of survivors fracture the theoretical space created by larger discourses of reconciliation. In this case, they may incarnate an unforgiving victim, displaced outside the moral economy of reconciliation that stresses forgiveness and unity over resentment and fragmentation. In the end, the question I would like to pose is how certain forms of violence are rendered unintelligible by mainstream transitional justice discourses.     

Emotional healing as part of environmental and climate justice processes: Frameworks and community-based experiences in times of environmental suffering

This paper seeks to discuss the political role of healing practices in the context of climate and environmental justice struggles. We rely on literature and practices that have identified healing as a means for liberation from structural oppression and physical and symbolic violence, to humans, non-humans and nature – namely emotional political ecologies, transformative and healing justice and communitarian feminism. We also briefly discuss the experience of three collectives in Mexico, Colombia, and Spain who develop healing strategies as a way to emotionally support local communities exposed to territorial, environmental, and climate impacts and injustice. We argue that by further addressing the political dimensions of healing in environmental and climate justice, researchers, activists, and practitioners could expand the conceptualisation of (a) the spatial and temporal scales of climate justice by further engaging with the inter- and intra-generational emotional implications of environmental injustice, and (b) environmental and climate justice as a multidimensional and nonlinear collective emotional process.     

Rights as Wrongs: Legality and Sacrality in Thailand

Abstract

Interviews with injury victims in northern Thailand (Lanna) conveyed a pervasive sense of injustice in their daily lives but a notable absence of the language of rights. Despite the proliferation of rights-based discourses, organisations, and institutions in Thai society, interviewees tended to disfavour the pursuit of rights because they believed that resort to the legal system would subvert Lanna traditional practices and would add to the bad karma that caused their suffering in the first place. This article traces fundamental contradictions in northern Thai concepts of justice arising from the imposition of “modern” systems of law and religion by the central Thai (at that time Siamese) government in the late nineteenth and early twentieth centuries. It views the legal modernisation project as a continuation of earlier efforts to impose central control over outlying regions by curtailing what were viewed as deviant cultural practices in order to weaken rival political, religious and legal traditions. The transformation of law in Lanna – from the Mangraisat tradition to a European-style legal framework – should therefore be viewed in conjunction with other cultural and political transformations initiated from Bangkok. Current expressions of disaffection and confusion about justice are rooted in this broader historical process.     

20世纪90年代以来封闭社区国内外研究述评

全球化与"新自由主义"背景下,封闭社区已经成为当代城市研究的热点问题,本文对20世纪90年代以来的相关文献进行梳理,以多重维度解读封闭社区的形成与发展之动力机制,探讨了全球化与后福特主义、新自由主义公共策略、公共选择与制度经济学、社会隔离与社会冲突、文化权力与空间等五种研究范式。根据市场、权力、居民群体三方力量的消长,可将诸类案例划分为自发推动、资本驱动以及自上而下三种。对于封闭社区与社会隔离的相关性问题,存在社会结构体制与个人行为态度两个层面的争论。在此基础上,本文对国内的相关领域研究提出了建议与展望。     

Rethinking public participation in the smart city

In efforts to become “smart cities,” local governments are adopting various technologies that promise opportunities for increasing participation by expanding access to public comment and deliberation. Scholars and practitioners encounter the problem, however, of defining publics—demarcating who might participate through technology-enhanced public engagement. We explore two case studies in the city of Calgary that employ technologies to enhance public engagement. We analyzed the cases considering both the definition of publics and the level of citizen participation in areas of participatory budgeting and secondary suites. Our findings suggest that engaging the public is not a straightforward process, and that technology-enhanced public engagement can often reduce participation towards tokenism. City councillors and planners need to critically confront claims that smart cities necessarily enhance participation. Moving beyond tokenism requires understanding “public” as a plural category. Municipal governments should seek to proactively engage citizens and communities utilizing helpful resources including, but not limited to, digital tools and smart technologies. This would allow planners to keep a “finger on the pulse” of publics' concerns, better identifying and addressing issues of equity and social justice. It is also important to consider how marginalized publics can best be recognized in order to bring their concerns to the fore in decision-making processes.     

Heritage Ethics for a Present Imperfect

Lynn identifies three critical discussion that framed the Stanford workshop. First, the language of the code, which she feels should reflect our acknowledgement that archaeologists are not the primary stakeholders for most situations and using core values instead of codification as a starting point. Second, the recognition of particular histories and the consequences of colonial encounters, with the acknowledgment that colonialist relations continue to exist in many places. Third is the issue of how WAC positions itself in relation to issues of social justice. Lynn points out that while WAC could be an active vehicle for attaining social justice on a global scale, the ethical implications of taking any kind of interventionist stance need to be fully thought through, lest they be seen as telling people what to do—a stance that would only serve to mirror imperialist and colonialist practices. We need to ask people what they want in regard to their heritage and be prepared to listen, even if archaeology is not immediately important for them or they suggest directions that we find challenging.     

Issues of mutuality and sharing in the transnational spaces of heritage – contesting diaspora and homeland experiences in Palestine

Wars, colonialism and other forms of violent conflict often result in ethnic cleansing, forced dispersion, exile and the destruction of societies. In places of diaspora and homelands, people embody various experiences and memories but also maintain flows of connections, through which they claim mutual ambitions for the restoration of their national identity. What happens when diaspora communities ‘return’ and join homeland communities in reconstruction efforts? Drawing on heritage as metaphorical ‘contact zones’ with transnational affective milieus, this study explores the complex temporalities of signification, experiences and healing that involve both communities in two specific sites, Qaryon Square and Al-Kabir Mosque, located in the Historic City of Nablus, Palestine. Conflicts at these two sites often become intensified when heritage experts overlook the ‘emotional’ and ‘transnational’ relationships of power that revolve around the diverging narratives of both communities. This study proposes new methodological arts of the contact zone to enhance new ways in heritage management that can collective engage with the multiple and transnational layers of heritage places beyond their geographic boundaries and any relationship with defined static pasts. Such engagement can help explore the contentious nature of heritage and the resonances it may have for reconciliation in post-violent conflict times.     

Clerical "concubines" in northern Italy during the fourteenth century

This essay reconstructs the lives of a neglected group of women in the Christian church during the later Middle Ages. So-called clerical “concubines” were well-known in their communities, but their lived experience has been largely ignored by modern historians. Yet studying clerical concubines sheds light not only on the women themselves, but also on the social organization of the medieval Christian church. Drawing on information gathered from notarial acts across the northern Italian peninsula, I argue that concubines were not a unitary group. Their experiences varied instead according to their status and the regions they inhabited. For instance, while laywomen who became priests’ concubines moved into their lovers’ homes, nuns retained cells in their religious houses during these relationships. Furthermore, concubines in cities such as Treviso could openly live with their lovers and share their property, while in other places, such as Bergamo, severe legal restrictions on concubines made them a particularly vulnerable group.     

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.