Implementing the Regulation on Places of Worship in Indonesia: New Problems,Local Politics and Court Action

This article examines the local implementation of the national Joint Regulation 2006 on places of worship in Indonesia. It focuses on the case study of the Protestant Christian Batak Congregation, which became one of the first churches to successfully challenge the authority of a local leader to cancel its permit to build a church. I begin by exploring the history of the regulation of permits for places of worship in Indonesia and the various proposals for law reform that have been put forward since 1998. I then outline the provisions of the new Joint Regulation and highlight the ongoing problems for religious minorities at the local level because of the failure of local authorities to implement the national regulation. I will demonstrate how religious minorities are challenging the decisions of local authorities by complaining to independent watchdogs, taking court action and using the political process. In conclusion, I argue that the Protestant Christian Batak Congregation court case is part of a broader trend for local authorities to use conflict over places of worship as an opportunity for political gain in the highly competitive political atmosphere since the downfall of Suharto in 1998.     

论改革开放以来法价值取向的历史流变与发展趋势

法价值是法学的基本命题,也是社会关注的焦点。中国自改革开放以来法价值取向随着时代的变化而有所侧重。我们可以认为：自党的十一届三中全会以来,中国法价值取向经历了从秩序到效率、法治与人权的历史流变,但其发展趋势必然朝着公平正义的方向发展。     

Positioning Patronage: Lanyer's Salve Deus Rex Judæorum and the Countess of Cumberland in Time and Place

This article places the composition and publication of Aemilia Lanyer's Salve Deus Rex Judæorum within the context of particular periods in the life of Margaret Russell, Countess of Cumberland and her daughter, Anne Clifford, Countess of Dorset. Lanyer's use of mirroring, shared discourse, possible worlds and reconstruction of memory all relate to these periods and were designed to engage the interest of Russell and Clifford. Through the identification of the period of the women's stay in Cookham in 1604, Lanyer's poetic strategies – directly appealing to Russell – can be identified. Lanyer's decision to publish her verse collection in 1610 was also influenced by events in the lives of Russell and Clifford, thus providing insight into Lanyer's canny understanding of patronage in the period.     

An Empire of the Scholars: Transnational Lawyers and the Rule of Opinio Juris

The eternal conflict between justice and violence is the theme of director John Ford's last great film, The Man Who Shot Liberty Valance. In the world of the American West where Ford's story is set, justice does not just happen; it is a work of manly courage that encompasses a willingness—in extreme cases—to kill those men, such as Liberty Valance, who challenge law and order. Justice will require, as Plato said, a rightly ordered soul, but it will be a soul that must do violence to realize justice in a world that too often resembles a Hobbesian state of nature. In Ford's view, the truth of these violent origins of justice are more likely to be obscured than illuminated by the civilized historian's account of this truth. And we do violence not merely to justice but also to truth itself if we fail to respect the hard reality that civilization requires such measures.     

America in Speech and in Deed

The author's primary aim in what follows is to fully articulate Chantal Delsol's critique of late modern universalism as an attempt to depoliticize the individual for the sake of replacing politics with morality. The result of this depoliticization is a quasi-pantheistic cosmopolitanism that not only effectively denies the significance of individuality, despite rhetorically lionizing it, but also undercuts the freedom of individual conscience that makes moral choice possible. Genuine political prudence and moral judgment are subsequently replaced by the rigid exactitude of a technocratic analysis that reintroduces the "clandestine ideology" it was, despite protestations to the contrary, intended to eliminate. The unhappy paradox produced by the attempt to replace the necessary limitations of political judgment with the universality of a priori moral decree is that a new set of culturally and historically idiosyncratic political attachments are surreptitiously introduced beyond the pale of reasonable debate and disagreement. Delsol's measured response is not a precipitous rejection of universalism as such but a rehabilitation of it that recaptures the Christian moral realism at its core.     

Workers’ Strikes in Vietnam from a Regulatory Perspective

The persistence of factory strikes in Vietnam has strained the country’s industrial relations system. This paper examines workers’ strikes from a regulatory perspective to evaluate the effects and limitations of labour law in establishing harmonious labour relationships. In Vietnam, the Labour Code regulates employment relations on a contractual basis, stipulating certain rights and obligations for both employers and employees. Workers’ struggles for their rights and interests triggered some administrative measures by the state and unions, yet these measures were insufficient to tackle business non-compliance with the law. Based on a case study of a strike-affected enterprise, the analysis shows that employers and workers appeal to different aspects of labour law, which complicates the regulatory effects of strike settlement. The paper argues that labour tensions are symptoms of regulatory loopholes stemming from weaknesses in law enforcement and the ineffectiveness of the law in defending workers’ rights. The outcomes of strike settlement therefore further perpetuate workers’ subordination and workplace injustice.     

法律正义与农民工权益保障

城市农民工在我国已经形成一个新型社会群体,成为我国产业工人的重要成员。然而,农民工在政治参与、劳动就业、社会保险、生活居住、业余文化和子女教育等诸多方面的合法权益却难以得到保障。因此,农民工的权利保护成为有关社会正义的一个重要话题。本文以青海省为例,从法理的角度指出了农民工权益保障方面的深层问题以及解决的路径和办法。     

Thailand’s Traditional Trinity and the Rule of Law: Can They Coexist?

Abstract

Thailand has seen considerable progress in the rule of law since the seminal 1997 constitution. Yet persistent political instability suggests that as yet the country does not think of the rule of law as binding. What is likely to happen in Thailand with the rule of law, and with governance generally? The argument advanced here is that rule of law principles must contend with the realisation that the traditional Thai trinity – nation, religion and king – has become an inviolable state ideology. Political actors, often aligned with the monarchy, have been using each element of the trinity to undermine both rule of law principles and democratic institutions. Now that long-serving monarch King Bhumibol (Rama IX) has been succeeded by his son King Varijalongkorn, it seems an appropriate time to examine current battles about the meaning of the rule of law and broader struggles for control between elites and popular groups based on competing visions for the state – a problem not only in Thailand but in the region as a whole.     

Performing Trans in Post-Revolutionary Iran: Gender Transitions in Islamic Law,Theatre, and Film

In the wake of a string of sensationalist documentaries about transsexuality in Iran, Iranian theatre and film artists began crafting groundbreaking trans performances to educate audiences and depict characters living non-heteronormative lives without the translating influence of queer theory or identity politics. Investigating transsexual bodies as assembled by jurists in Iranian Shi?a jurisprudence and by artists on stage and screen reveals the ways in which the transsexual body is constructed in Islamic legal discourse and represented in narrative and bodily form in the public imaginary in Iran. Representations of transsexuality in theatre and film highlight the role of the arts as a vehicle for social change, communal recognition, and self-cognition. In particular, performances of female-to-male gender transitions in theatre and film have expanded the boundaries of how gender presentation is translated onto Iranian stages, into Tehran coffeehouses, and onto global screens. These trans performances usher Iranian spectators into new forms of viewership and artistic consumption in their attempt to creatively represent transsexual bodies and narratives to increase tolerance towards transsexuals; further, they have ignited a conversation among artists and activists about the assemblage of transsexual bodies in artistic productions and the most effective narrative and emotional forms of catharsis to inspire change.     

从法律制度追寻社会法治

法律作为一种具有国家强制力的调整社会关系的手段,有自己的调整领域。法制有可能偏向惩罚,讲法制就意味着强化对违法行为的惩罚和追究。但这不能涵盖法律的全部特征和作用。法治是一种理性的办事原则,侧重于法律的遵守和执行,与传统的强调法律的执行不同,其基本原则是要求所有人都依法而行,没有人在法律之上,没有人能随意突破法律。同时还意味着社会活动的形式正当原则,使不同的人遵循共同的行为规则与程序。     

On Taking from Others: History and Sensibility in Archaeologists’ Arguments for Treasure Trove Legislations

The Indian Treasure Trove Act of 1878 is understood as a landmark legislative victory in the preservation of South Asian material pasts. This paper presents a detailed archival history recounting how archaeologists themselves were crucial to the promulgation of the Act and the authors of its specific provisions. It demonstrates how arguments for the reform of royal prerogative into an instrument for the discipline were born in mid-nineteenth-century British debates, where archaeologists’ attempts for a similar statutory change in property laws had been frustrated. Centuries-long tensions in common law definitions and their governance of treasure are demonstrated to be crucial to how we may better understand the new ‘policy’ of the colonial law and its operation. To do so, the paper reviews select cases and presents an evaluation of the archaeological justice of the rule of this law. It asks why our critical historiography has remained insensible to the victims of this law — archaeology’s counter-publics — who have been routinely incarcerated and punished in the name of the greater archaeological common good. Through these examinations, the paper reflects upon the enduring sensibilities and commitments that are involved in continuing to take treasures from others.     

Biblical Law and Human Formation

Abstract

The article aims to show a relationship between biblical law, or Torah, and human formation or spiritual growth. In a sympathetically critical dialogue with Burnside’s God, Justice and Society, and biblical theologians such as G. von Rad, H. H. Schmid, E. Otto and F. Crusemann, it considers the proper human response to law in terms of a vocation to understand the divine ordering of reality. Specific topics addressed include the relationship between “revealed” law and universal knowledge, law and wisdom, biblical law’s capacity to critique cultural norms, and the mandate implicit within biblical law for ongoing reinterpretation, across cultural boundaries.     

The Prosecution of Informers in Eastern Germany, 1945–51

This work is an examination of the practices and experiences of administering transitional justice in post-war eastern Germany after 1945, examining the adjudication of informers as indirect perpetrators of crimes against humanity. Allied occupation law allowed for the prosecution of informers retroactively in the German courts through legislation specifically enacted for the purpose of prosecuting crimes against humanity. The implementation of the law and the prosecution of informers in the Soviet occupation zone under the auspices of the military government administration, and then later in the early years of German Democratic Republic of Germany is examined. This work also addresses the theoretical and practical problems associated with the implementation of the law, and the lessons to be drawn from this historically significant attempt to call individuals to account for their crimes against humanity after they had occurred through the use of retroactive legislation.     

Religious themes in Central European postage stamps, 2006–2010

The countries of Central Europe present a suitable arena for studying the interplay of religion and nationalism. This study explores religious expressions of national identity through the issue of postage stamps, from 2006 to 2010, in seven Central European countries: Austria, Czechia, Germany, Hungary, Poland, Slovakia, and Slovenia. While the national societies in question exhibit very different religious inclinations, as expressed through a variety of recent, comparable data, quantitative and qualitative analyses of the stamps they issued over a 5-year period enrich our understanding of the religious elements and traditions that form an integral part of Central European identities. As expected, states with higher relative numbers of religious adherents—Poland, Slovakia, and Austria—produce relatively more religiously themed stamps, particularly stamps that depict “living religion.” Protestant or Catholic traditions can also be traced in the relative frequencies of stamp issues. The stamps demonstrate how states employ religious traditions and heritage to perpetuate a sense of national community.