Rethinking the Political Thought of James Harrington: Royalism,Republicanism and Democracy

Traditional accounts of seventeenth-century English republicanism have usually presented it as inherently anti-monarchical and anti-democratic. This article seeks to challenge and complicate this picture by exploring James Harrington's views on royalism, republicanism and democracy. Building on recent assertions about Harrington's distinctiveness as a republican thinker, the article suggests that the focus on Harrington's republicanism has served to obscure the subtlety and complexity of his moral and political philosophy. Focusing on the year 1659, and the pamphlet war that Harrington and his supporters waged against their fellow republicans, it seeks to re-emphasise important but neglected elements of Harrington's thought. It suggests that the depth and extent of Harrington's sympathy with royalists and royalism has been underplayed, while too little attention has been paid to the fundamental differences between his ideas and those adopted by other republican thinkers at the time. In addition it brings to light, for the first time, Harrington's innovative endorsement of both the term and the concept of ‘democracy’ and draws attention to his intellectual and personal affinities with the Levellers. Finally it outlines some implications of these findings for understandings of English republicanism and the republican tradition more generally.     

The Antiquities Market: News and Commentary on the Illicit Traffic in Antiquities

Abstract

Wind God Foils Smuggler's Breeze through Customs

Laura Scanlan's article describing the seizure at U.S. Customs and the eventual return to Mexico of several important Precolumbian artifacts is reprinted here with permission from Customs Today, 17:2 (1982) 2–3. Both the story itself and the act of reprinting emphasize the growing cooperation between archaeologists and the U.S. Customs Bureau in cases involving antiquities. Karen Bruhns and Connie Fenchel (see below) have been an effective team in pursuing cases involving antiquities smuggling in the San Francisco area. In the Bernstein case (see below “A Lawyer Looks at U.S. Antiquities Laws”) archaeologists also provided professional evaluations and consultation to customs officials. Both the Mexican case described here by Scanlan and the Bernstein case were initiated through improper customs declarations, which were recognized by alert customs inspectors familiar with the value of antiquities and the significance of the illicit trade.

These cases suggest a way for many archaeologists who have said they would like to help curb the illicit trade but did not know how to do so. There are customs offices in most large U.S. cities. They are the places where antiquities enter this country. Special Agent Fenchel pointed out, during her presentation at the Legislative Session of the AIA in San Francisco, that most antiquities cases in this country have begun with an improper customs declaration. If this is so, the effectiveness of existing law governing the antiquities trade depends largely on the ability of customs inspectors to recognize antiquities and to evaluate their accompanying declarations. Even when/if the UNESCO Convention is implemented, its enforcement will be largely in the hands of customs inspectors. Thus, professional archaeologists could make a substantive contribution toward curbing import of illicit antiquities by introducing themselves at their local customs office and offering to make available their professional advice on cases involving antiquities. Local archaeological societies might consider offering seminars for their local customs inspectors on ancient art and archaeology and the pertinent laws and market values, to help increase the ability of customs inspectors to recognize antiquities in the course of their work. Just knowing that there is expert help available locally to identify and evaluate antiquities, or to find another expert who might be able to do so, could make local customs inspectors more sensitive to the issues involved and more likely to catch violations.     

‘The Most Developed of the Underdeveloped Nations’. US Foreign Policy and Student Unrest in 1960s Spain

Throughout the 1960s, Spanish students staged a strong opposition against the dictatorship of General Franco. Also during this decade, the U.S. Foreign Service in Spain began to pay great attention to these students for two key reasons. On the one hand, student protests posed a threat to US defensive interests in a country with a high strategic value during the Cold War in southern Europe. However, on the other hand, campus agitation could lead to positive effects for the United States if students’ expectations of social change were channeled toward national development in a context of order and political stability. So, how could student activism and idealism be directed toward a controlled modernization of Spain? This article attempts to answer this question by studying American programs aimed at disseminating the principles of modernization theory in Spanish universities as an instrument to (1) influence students’ political and intellectual socialization and to immunize them against radical ideologies and (2) channel students’ aspirations towards constructive and responsible reform of their country's socioeconomic structures.     

U.S. Environmental Policy Implementation on Tribal Lands: Trust,Neglect, and Justice

This study investigates the implementation of U.S. environmental protection laws under American Indian tribal governance. The landmark laws of the 1970s that form the core of America's environmental policy regime made no mention of American Indian tribal lands, and the subsequent research literature on environmental policy has given them little attention. The U.S. Environmental Protection Agency has primary implementation responsibility for environmental protection laws on tribal lands, which offers a unique opportunity to study direct federal implementation apart from typical joint state–federal implementation. Further, because Indian reservations are homes to a disproportionately poor, historically subjugated racial group, analysis of environmental programs on tribal lands offers a unique perspective on environmental justice. We analyze enforcement of and compliance with the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) to compare the implementation of environmental policy on tribal lands with nontribal facilities. Analysis reveals that, compared with nontribal facilities, tribal facilities experience less rigorous CWA and SDWA enforcement and are more likely to violate these laws.     

The Behavioral Impact of Drinking and Driving Laws

All U.S. states have laws designed to discourage people from drinking and driving, but enforcement varies across the states. Existing studies offer conflicting evidence on the effectiveness of these strategies in deterring drinking‐and‐driving behavior. Deterrence theories imply that the mere existence of such laws has little impact on criminal behavior, but the perception of enforcement and the probability of being detected have a deterrent effect. To test these hypotheses, we develop a measure of the propensity to drink and drive using item response theory and national survey data. Inferential models test the impact of perceptions of enforcement, actual enforcement levels, and deterrence laws on criminal propensity. Results indicate that the existence of statutes impacts only those least likely to drink and drive, while perceptions of the likelihood of arrest and individual agreement with the goals of drinking and driving laws significantly reduce the propensity for almost everyone. Actual enforcement rates display no behavioral effect.     

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。     

WHERE IS AN OIL SHOCK?

Much of the literature examining the effects of oil shocks asks the question “What is an oil shock?” and has concluded that oil‐price increases are asymmetric in their effects on the U.S. economy. That is, sharp increases in oil prices affect economic activity adversely, but sharp decreases in oil prices have no effect. We reconsider the directional symmetry of oil‐price shocks by addressing the question “Where is an oil shock?” the answer to which reveals a great deal of spatial/directional asymmetry across states. Although most states have typical responses to oil‐price shocks—they are affected by positive shocks only—the rest experience either negative shocks only (five states), both positive and negative shocks (five states), or neither shock (five states).     

Harrington's elusive balance

The revival of interest in James Harrington's political theory which has occurred in recent years has not led to a resolution of the puzzle about his Agrarian Law. That puzzle requires unfolding how Harrington expected that the Agrarian would achieve his ambitions for a stable commonwealth. This paper suggests one explanation of the difficulties encountered, by focusing on ambiguities in Harrington's terminology and on inadequacies in his method.     

Undocumented Immigration and Host‐Country Welfare: Competition Across Segmented Labor Markets*

Abstract. In this paper's model, undocumented workers are endogenously sorted into secondary labor markets. When further illegal immigration occurs, some new migrants follow their fellows into already migrant‐dominated jobs, lowering migrant wages and raising real incomes of host‐country labor and capital. Some submarkets switch from employing legal workers to employing migrants, lowering demand for and wages of legal workers. Undocumented immigration is Pareto‐improving when enforcement reserves primary‐sector jobs for legal workers. Pareto‐dominant policies target the number of migrant‐dominated submarkets, not the number of migrants. This appears consistent with U.S. enforcement practices. The effects of deportations, employer sanctions, and amnesties are explored.     

Does It Even Work? A Theoretical and Practical Evaluation of the War Powers Resolution

The War Powers Resolution of 1973 represents a policy that attempts to fill a procedural gap in the Constitution, that is, a clear process by which the use of military force is authorized. Based on what is arguably a misinterpretation of the Constitution, it fails to achieve its objective: to constrain the president's discretion in employing military force unilaterally.

This article addresses the WPR in four sections. First, it examines the law's theoretical underpinnings. Next, it summarizes the law's provisions, its application, and several direct and indirect approaches that have been applied in studying the use of military force and the WPR. Third, using quantitative analysis, the article seeks to answer three basic questions: 1) Has the WPR had any effect on the U.S. president's decision to employ military force?

2) Has the WPR had any effect on the magnitude of force employed in a conflict?

3) Has the WPR had any effect on the duration of conflicts in which the president has employed military force?

Findings indicate that the War Powers Resolution is not a significant factor in presidents' decisions to use military force. Once the president decides to employ force in a given scenario, it also fails to be a significant factor in affecting the magnitude of force that is used. It appears that the law may have an effect on the duration of conflicts involving the U.S. military, but weaknesses in the statistical model leave this question open to further research to confirm or deny this verdict.     

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.     

Environmental Compliance Costs and the Distribution of Emissions in the U.S.

Using the properties of the Gini coefficient, a structural model is developed to assess the impact of uniform changes in environmental compliance costs on the distribution of per capita emissions across U.S. counties and states, a distribution that places a larger burden on minorities. Using data from the U.S. EPA's Toxic Release Inventory and three state-specific measures of environmental compliance costs, we find that uniform increases in federal environmental standards have little impact on the distribution of environmental hazards, and may actually exacerbate spatial inequality. As a result, Federal standards that target specific high pollution locations are necessary to redress current inequities.     

The Right to a Nice Home: housing inspection in 1930s Stockholm

This article deals with how the authorities taught the Swedes to live and how Swedish citizens came to accept such an intimate encroachment in their private lives. Why did people accept these social experts of everyday life? The answer tells us something about modern society and modernity itself.

Around the turn of the 20th century, Stockholm had one of Europe's worst housing conditions, according to Swedish experts of the time. One-room apartments were the norm, even for large families. Not all buildings had running water and often several families shared one outhouse. At the same time, the idea that the home was the place in which the conscientious citizens of the future would be raised was introduced – in Sweden as elsewhere. Dwellings became part of the social question. Many people believed that a well-functioning home would improve other aspects of life as well: men would stay at home in the evening instead of going to pubs; women would do a better job of raising the children; and public health would improve. A neglected home was seen as a sign of the exact opposite; the right to a nice home turned into a duty to live well. As an extension of this idea, housing inspections became important processes in the effort to improve the lives of citizens. The inspections were carried out by municipal employees, who were expected to monitor people's everyday lives. They functioned as housing experts, but what did these social engineers actually do? How did they become housing experts? And was their encroachment into people's daily lives accepted by ordinary citizens?     

What Is Religion?

Abstract

This essay considers the question: “What is religion and is it essentially violent?” Rather than answer the question directly, Martin suggests that it is a loaded question and reflects on what might motivate it. Through a comparison of the concepts of “religion” and “child abuse”–as analyzed in Ian Hacking’s work on social constructionism–Martin points to the social or political stakes of defining terms tied to normative discourses and which could be designed to pathologize certain behaviors.     

A crisis of rights and responsibility: feminist geopolitical perspectives on Latin American refugees and migrants

With the advent of the Trump presidency we are facing the most anti-refugee and immigrant administration in recent U.S. history. This follows on the heels of the Obama era, characterized by record deportations and severe U.S. policies of deterrence towards Latin American refugees and migrants in its own backyard. This aggressive expansion of U.S. Homeland Security migration control included: outsourcing enforcement to Mexico; re-introducing migrant family detention; increasing ‘family unit’ raids; and accelerating immigration court hearings. These strategies of state deterrence and enforcement heightened vulnerability of asylum-seeking women and children from Mexico and Central America to human and legal rights abuses. I employ a feminist geopolitical approach to interrogate the intimate and embodied spaces of migration controls that ground the workings of the state in the normalized, routine, and informal practices of state officials and in the experiences of vulnerable yet resilient women and children refugees. Drawing upon examples from two research projects, informed by personal experience as a volunteer, I critically examine the everyday state practices of U.S./Mexico migration enforcement in three arenas - border security spaces, legal spaces, and carceral spaces. I contend that rather than an ‘immigrant or refugee crisis,’ these restrictive and intimate performances routinely deployed by border and legal bureaucrats reproduce and reinforce the structural and systemic crisis of rights and responsibility we are currently witnessing. Through a feminist ethic of care, social justice, and action, migrant and refugee narratives of everyday restriction may be deployed in resisting rights abuses and fostering responsibility, humanity, and hospitality towards newcomers.     

Regional Perspectives on Dollarization in Canada

Abstract In this paper we investigate whether it is preferable for Canadian regions to individually adopt the U.S. dollar or to remain with the current currency arrangement. The empirical analysis focuses on the cross–correlations of various business cycle measures of Canadian regions, of Canada, and of the United States. The business cycle investigation is completed by the analysis of two other important criteria for optimum currency areas, industrial specialization and trade interdependence. Our results highlight a significant heterogeneity across Canadian provinces. In particular, it transpires that it could be economically advantageous for the central provinces of Ontario and Quebec and to a lesser extent British Columbia to adopt the U.S. dollar. In contrast, it is not as clear what the other regions should do, the final answer depending on the path the larger three provinces take.     

Walter Moyle's Machiavellianism,declared and otherwise,in An Essay upon the Constitution of the Roman Government

Walter Moyle's work, An Essay upon the Constitution of the Roman Government, is much more Machiavellian than it initially announces itself to be. Informed by James Harrington's and Niccolò Machiavelli's earlier commentaries on Rome, Moyle readily embraces that on which both of his predecessors agree—the desirability of a republic that seeks armed increase. Harrington, though, explicitly disagrees with Machiavelli's embrace of a tumultuous republic that seeks a return to its beginning through fostering fear. In contrast to Machiavelli, Harrington looks to economic and institutional arrangements that will render a republic so serene and stable that he claims immortality for it. Although initially Moyle forthrightly endorses Harrington's analysis, he ultimately relies on the harshest teachings of Machiavelli to maintain a republic, a reliance which finds him endorsing the distinctively Machiavellian directives to suspect, accuse, and punish its leaders in such a way as to return the republic to its beginnings. These teachings make Moyle's work a vessel for the transmission of a stern, aggressive republicanism. Even in this eventual enthusiastic embrace of Machiavelli's teachings, however, Moyle still displays some hesitation in citing him as the sole source for them as his attributions couple the Florentine's name inaccurately with other, more reputable republicans.     

ARE EU COUNTRIES LESS INTEGRATED THAN U.S. STATES? THEORY AND EVIDENCE*

ABSTRACT A belief that EU integration is incomplete is often predicated on a comparison to U.S. states. Yet, with low barriers to trade and factor mobility between EU countries, is this belief correct? To address this question, we develop three theoretical predictions regarding the distribution of output and factors across members of an integrated economic area with harmonized policies and free movement of goods and factors. Empirical tests strongly support these predictions for U.S. states and 14 EU countries. Constructing a measure of integration, we find that EU integration rose from the 1960s to equal that of U.S. states by 2000.     

THE POLITICAL TRADE‐OFF BETWEEN ENVIRONMENTAL STRINGENCY AND ECONOMIC DEVELOPMENT IN RURAL AMERICA*

ABSTRACT We examine the impact of the political trade‐off between rural economic development and environmental quality on the determination of environmental regulations in the U.S. intensive livestock industry. The political economy model, adapted from Fredriksson (1997) , is tested empirically, using state‐level data on environmental regulation of the U.S. livestock sector. We find that state governments respond to greater potential for water pollution with more stringent environmental regulations. Consistent with our political economy model, we also find that states with lower recent growth in per capita income implement less stringent environmental regulations.     

20世纪40-50年代美国对中国西藏政策的历史演变

The U.S. policy toward Tibet has always changed in accordance with the U.S. international strategy and the U.S. foreign policy toward China. Before the foundation of the People’s Republic of China, the U.S. admitted Chinese sovereignty over Tibet. During the Cold War, due to its anti-communism strategy, the U.S. began to consider recognizing the independence claim of Tibetan separatists, especially after 1959, when the Dalai Lama was exiled abroad. However, the U.S. government has not openly admitted Tibet is an independent country, because, in the light of the historical development of Tibet within China, claims of independence cannot be substantiated and therefore Tibetan separatism cannot win the recognition or support of the majority of countries in the world.