The San-Min Doctrine and the early legislation of the Nanjing government

Shortly after the Nanjing Nationalist government was established, Hu Hanmin and others rejected the existing legal system and proposed instead the San-Min Doctrine legislative principles, which they called society oriented. These principles were derived from Sun Yat-sen’s San-Min Doctrine. A direct manifestation of these legislative principles was the Guomindang’s one-party dictatorship under the system of political tutelage. As the legal system developed during the early period of the Nanjing government, a number of laws were designed to restrain capital and equalize landownership. In his legislative principles, Hu Hanmin understood “obligations centered” to mean “society centered.” When his society-centered principle was applied in laws, the resulting legislation appeared authoritarian in that the state, the nation, and society had the first priority. Therefore, the nature of the political tutelage based on this legislation was closer to feudalism than to modern capitalism.     

The Politics of Citizenship in 1940s Britain: The British Nationality Act

The article examines the enactment of the British NationalityAct, 1948. The legislation created a legal status—Citizenshipof the UK and Colonies—that included Britons and ‘colonial’British subjects under a single definition of British citizenship,and entrenched their right to enter the UK. Between 1948 and1962, some 500, 000 non-white British subjects entered underthe legislation, despite documented evidence of elite suspicionof non-white Commonwealth migration. The article argues thatthis apparent contradiction can only be understood by examiningthe legislation in the context of past migration patterns andBritain's international position in 1948. The legislation wasonly marginally related to migration; it was rather an attemptto maintain a uniform definition of subjecthood in the faceof Canada's unilateral introduction of its own citizenship,and it was an affirmation of Britain's place as head of a Commonwealthstructure founded on the relationship between the UK and theOld Dominions. ^* For comments on earlier drafts, I owe my thanks to John Dorwin,Katie Goebs, Iain McLean, and Desmond King.     

Symbolic Racism,Institutional Bias,and Welfare Drug Testing Legislation: Racial Biases Matter

Since the devolution of welfare policymaking to the states after the passage of the 1996 Personal Responsibility and Work Opportunity Reconciliation Act, there has been contentious debate about drug testing welfare applicants. Beyond elite rhetoric and debate points about the implications of welfare drug testing, extant research remains limited insofar as providing theoretical understanding about what factors influence state proposal of legislation requiring welfare applicants to submit to drug tests. I develop and test expectations that derive from research on welfare attitudes, social construction theory, and policy design—specifically, hypotheses that the proportion of blacks on state temporary assistance for needy families caseloads, as well as state‐aggregate levels of symbolic racism, significantly influence state proposal of drug testing legislation. My multilevel analysis of every state proposal of welfare drug testing legislation from 2008 to 2014 yields strong evidence in support of these hypotheses and paints a more complete picture of the influence of racial attitudes on state welfare policymaking. Specifically, while much research finds evidence of institutional racial biases in the implementation of welfare policy, the evidence presented herein shows that these biases, as well as public biases, influence policymaking at the proposal stage. Implications of these findings are discussed in light of recent significant electoral gains made by Republicans in state legislatures.     

Power and Scale: The Shifting Geography of Industrial Relations Law in Australia

Abstract: In an increasingly complex literature exploring the geographies of socially constructed scale, interest has focused on the relationship between scale, power and the contested political terrains through which these relations are played out. In this paper, I argue that these interactions must be understood in specific contexts, where shifts in scale are inextricably linked to shifts in the sources and instruments of power. By applying a scale perspective to the analysis of recent industrial relations legislation in Australia, I show that the nature and direction of rescaling is “fixed” by the powers of institutional actors and the scope of their jurisdictions. I then draw on the distinctively scaled relations of the Australian context to assess the extent to which Australia's national rescaling processes can be seen as representing a process of convergence toward universal “spaces of neoliberalism”.     

Evidence‐based policy: Some pitfalls in the meeting of scientific research politics (Respond to this article at http://www.therai.org.uk/at/debate)

A current ambition in welfare states as diverse as Denmark, the UK, and the USA, is to base political decision‐making on rigorous research. Sound as this might seem the ambition has nevertheless been problematized by both policy‐makers and the research community. This article intends to draw out some general pitfalls in the curious meeting of science and politics by focusing on one particular attempt to make evidence‐based legislation in. These insights will be relevant for anthropological researchers of legislative processes who wish to move beyond a merely discursive approach to the study of policy and politics.     

How Capitalism Will Save Colonialism: The Privatization of Reserve Lands in Canada

This paper surveys the ways in which the First Nations Property Ownership Act (FNPOA) is the site of both tension and alliance between state, non‐state, and local Indigenous interests converging around a common agenda of land “modernization” in Canada. It is a convergence, I argue, that must be read in the context of a reorganization of society under neoliberalism. The FNPOA legislation is discursively framed to acknowledge Indigenous land rights while the bill simultaneously introduces contentious measures to individualize and municipalize the quasi‐communal land holding of reserves. The intersections of alliance around this land modernization project foreground the complex ways in which capitalism and colonialism, though inextricably tied, perform distinguishable economic processes, and how we must be attentive to the particulars of their co‐articulation with local formations of indigeneity.     

Confucian China and Jeffersonian America: Beyond Liberal Democracy

This paper begins by reviewing the ancient Chinese worldview, one imbued with cultural particularism wherein the Middle Kingdom identified itself as the centre of the universe. I then distinguish the ways in which historically the Confucian East and Christian West have respectively exerted cultural hegemony. I next analyse China's rebuffing of liberal democracy, and how the CCP's retention of one-party rule has generated concerns about its legitimacy. I conclude by showing that China and America each possess moral traditions – specifically Confucianism and Jeffersonian Deism – that have overlapping outlooks. Both maintain a worldview that disavows extremism. Based on this broader philosophical-religious analysis, I argue that contentions over liberal democracy notwithstanding, China and America share moral ideals vital for confronting some of today's exigencies.     

Legislating nature for biodiversity offsets in New South Wales,Australia

In the contemporary environmental management landscape, legislation is a principal means through which sustainable outcomes are negotiated. Yet the relations between legislation (as a social practice), nature and justice have been subjected to limited scrutiny. This paper explores these relations through consideration of a system of biodiversity offsets currently being implemented in New South Wales, Australia, following the enactment of the Threatened Species Conservation Amendment (Biodiversity Banking) Act 2006 (NSW). In this paper we investigate the work this legislation does in enacting the materiality of nature in order to explore the interrelations of materiality, law and concerns for environmental and ecological justice. We argue that the act of ‘legislating nature’ is simultaneously a ‘mode of matter-ing’ (Law 2004) that in the case of biodiversity banking (BioBanking), resituates biodiversity within new meanings, spatialities, human–nature relations, and which accounts for biodiversity at a state, rather than local, scale. Utilising the work of Latour, we examine the processes of ‘translation’ required to generate abstracted ‘biodiversity values’ that can be traded and moved between locations. Examination of these processes leads to a consideration of the broad requirements of environmental and ecological justice as a theoretical and political response to BioBanking.     

Intermarriage,Technological Diffusion,and Boundary Objects in the U.S. Southwest

This article draws upon ethnographic accounts of female potters’ movement and intermarriage into multi-ethnic Pueblo communities in the U.S. Southwest to illustrate how marriage networks created opportunities for innovation through the production, distribution, and consumption of boundary objects. These objects did not define boundaries but facilitated boundary crossing or bridging by potters. I argue that the concept of boundary objects is more useful than hybridity for understanding the processes of culture contact and material culture diffusion. Archaeological evidence for late twelfth through thirteenth century migrations from the Four Corners to the southern Colorado Plateau is used to make a case for a high degree of intermarriage and post-marital movement of women. Such patrilocality challenges normative views of post-marital residence, including those employed by early ceramic sociologists working in the same area of the Southwest and even at the same sites. The case that I discuss provides a contrast to other Southwest examples in which conformist transmission was more common, and helps to solve a paradox in explanations of the Southwest Pueblo Sprachbund. I conclude that the concept of boundary objects complements formal social network approaches in archaeology by bringing out the active role of objects in linking social actors.     

The Courage of their Convictions: Creating Cultural Landscapes in 1930s Western Australia

Building a cultural landscape involves deep political and social processes. Discussions relating to decisions about preservation reveal cultural values at a particular moment and explain the character of the surviving landscape. This study analyses how one community in Western Australia defined its sense of place and identity. In the 1930s, on a wave of historical consciousness, Western Australians sought to enshrine the desire to preserve a range of historical materials in legislation, and conducted debates about the very survival of the buildings and documents. This paper investigates why legislation to preserve buildings and documents failed, and how the community understood the relationship between these two forms of heritage. Bringing together the two series of discussions, about the values inherent in and surrounding documents and buildings, highlights the way in which meanings are invested in places and things, and the values and processes through which the cultural landscape is shaped.     

Jeremy Bentham,choice architect: law,indirect legislation,and the context of choice

ABSTRACT

The goal of this paper is to locate indirect legislation within Bentham’s art of legislation, and to distinguish it, as far as possible, from direct legislation. Along the way, some parallels are drawn between indirect legislation on the one hand, and the Nudge theory of Thaler and Sunstein on the other. It will be argued that many expedients categorized by Bentham as indirect legislation are simultaneously exercises of direct legislation. Another set of indirect expedients act on knowledge, and involve efforts to eliminate asymmetries of information between potential offender and potential victim by providing official standards and disseminating a plethora of factual information. Other forms of indirect legislation threaten the coherence of Bentham’s theory of law, firstly by regarding all government actions as exercises in legislation, and secondly by turning the formers of public opinion into legislators. Insofar as some forms of indirect legislation operate by sleight of hand, they conflict with Bentham’s commitment to transparency in the exercise of public power, reflecting a tension between reality and appearance which runs through his thought.     

Positional issues, valence issues and the economic geography of voting in British elections

A body of research has built up in recent years linking thechanging geography of party support in British elections tovariations in the country's economic geography. Consistent withthe economic vote model, government support has been shown tobe higher than average in affluent areas and lower than averagein poorer areas. However, the great majority of such studieshave concentrated on elections between 1979 and 1997, a prolongedperiod of one-party rule. This article argues that this meansexisting research cannot differentiate between the very differentpredictions of positional and valence approaches to economicvoting since both suggest identical outcomes during Conservativeadministrations. By contrasting a period of Conservative rulewith a period of Labour rule, however, the article providesa test of the competing claims of the positional and valencearguments for an understanding of Britain's electoral geography.     

Chiang Kai-shek and the 1947 Reorganization of the National Government

When the Guomindang (GMD) took charge in 1927, it implemented the “political tutelage” system. Participation of other parties in politics was disallowed. But after the Anti-Japanese War (1937–45), under the combined effect of internal and external pressure, the GMD needed to adopt a constitution, reorganize government and establish multi-party participation. The April 1947 governmental reorganization was the starting point of a transformation from a “political tutelage” system to a constitutional system. Though this reorganization introduced many non-GMD members into the government, it did not change the GMD’s one-party dominance. Its desired transformation of China from one-party “political tutelage” into a constitutional democracy still remained limited.     

The Common Good,Pluralism and the Small Church

Abstract

This paper discusses the understanding of “Common Good” that has been used by the Church of England, especially over the last five years. It suggests that its implicit universalism and identification of Christian morality with the ethical norms for the nation is premised on an understanding of the role of the Church which is no longer realistic. After a brief discussion of the latest statistics for church attendance and a comparison with other national churches in Northern Europe, I suggest that the Church of England is a “small church” and even that Christians constitute a religious minority. This means that the pursuit of the “Common Good” as defined by the church may simply be a piece of nostalgic longing for the time of the “big church.” The recent exclusions for the churches on same-sex marriage legislation indicate that the gap between most of the churches and the wider society. Rather than defining the common good, I suggest that in a pluralist society the churches which recognize their limited role will need to build alliances and common causes with other groups, both religious and secular.     

Nationalism,Ethnicity and Religion: Fundamental Conflicts and the Politics of Identity in Tanzania

Abstract. This article explores the competing relations between ethnic, religious and racial identities in contemporary Tanzania at a time of rapid socioeconomic change and in the face of the declining authority and legitimacy of the state. During nearly four decades of one-party rule the state has pursued policies - educational, linguistic, developmental, etc. - aimed at constructing a secular national identity capable of uniting diverse social groups under the banner of African socialism. However, economic retrenchment in the 1980s and political liberalisation in the 1990s has contributed directly to a series of upheavals leading many Tanzanians to redefine the structures of common difference and to a fracturing of national identity. This article seeks to understand the reasons for the upsurge of conflict and cultural fragmentation in the 1990s.     

Punctuated Equilibrium in Limbo: The Tobacco Lobby and U.S. State Policymaking from 1990 to 2003

Since the mid-1980s, U.S. tobacco policy has been an intense and acrimonious issue between antitobacco advocates and the tobacco industry. In the United States, the tobacco industry has responded to heightened state antitobacco litigation, adverse public opinion, and public health advocacy by aggressively mobilizing against tobacco taxes and regulations. This article examines whether these tobacco policy trends can be generalized to punctuated equilibrium theory ideas that policy monopolies are stable over long periods and usually change because of sharp and short-term exogenous shocks to the policy system. From 1990 to 2003, there was a sharp mobilization by health advocates in all states and a significant rise in new legislation to control tobacco use. The tobacco industry, nevertheless, was able to generally keep state tobacco taxes low and counter significant regulatory threats to tobacco sales. From this, I conclude that the policy monopoly favoring the tobacco industry did not significantly change, despite the symbolic appearance of punctuation in the policy system.     

Flogging a Dead Horse? Neo-Marxism and Indigenous Mining Negotiations

Historically, Indigenous Australians have been marginalised, both economically and politically, in mineral development processes in Australia. The Australian state structures the interaction between Indigenous people and mining companies through general legislation and policies, and is therefore a key determinant of the mineral negotiating environment. This paper examines the state's role in the negotiations for the Century Mine in the Gulf of Carpentaria, and argues that recent neo-Marxist theories offer the most cogent theoretical explanation of the state's behaviour. It contends that, despite a noted tendency to consign Marxist theorising to the history books, analysis of the behaviour of the state in the Century negotiations provides critical evidence of the continued relevance of neo-Marxist theories of the state.     

The Struggle to Reform Regulatory Procedures, 1978–1998

This article examines the attempts between 1978 and 1998 to enact general regulatory procedural reform legislation. Two decades of off-again, off-again legislative efforts have yielded only fragments of reform. A major explanation for this, despite the official popularity of reform, seems to be the inability of putative reformers-traditionalists, populists, and restrictivists-to agree among themselves on the direction and content of general reform legislation. This experience raises a number of important theoretical issues for students of regulation, including the ethicalness of using procedural restraints deliberately to disrupt or impede the regulatory process and the impact of procedural controls on regulatory policy.     

Legal Liberalism,Statutory Despotism and State Power in Early Twentieth-Century South Africa

This article is about the attempts by pre- and post-Union (1910) South African governments to create effective sedition laws, partly directly to curb specific political opponents, but also to license and focus state intelligence-gathering activities. Supreme Court judges' adherence to a rule-of-law formalism in a succession of court cases both hindered and encouraged these attempts. I am particularly interested in how the courts' imposition of more rigorous standards of performance in the production of evidence eventually exceeded the state's bureaucratic capability and undermined officials' confidence in the instrumental value of the rule of law, leading administrators to enact legislation to suppress their political adversaries without reference to the courts. The judges' stance in this history was not one of progressive or sudden capitulation to the lawmakers' and executive's will, as is sometimes argued, but notably consistent throughout.     

Women,Fascism and Work in Francoist Spain: The Law for Political,Professional and Labour Rights

The Sección Femenina (or SF, 1934–77), the female branch of the Spanish fascistic party, the Falange, created and successfully lobbied for the Law for Political, Professional and Labour Rights for Women (Ley de Derechos Políticos, Profesionales, y de Trabajo de la Mujer) in 1961. The law responded to and recognised the shifting world of women's work during the final years of the Franco regime (1939–75) and established the SF as an advocate for their labour rights. The new legislation simultaneously promoted employment opportunities for Spanish women and reinforced their traditional restrictions. This article explores this significant legal achievement for women's rights during the 1960s, discussing its meaning for the Franco dictatorship and for the female organisation that ushered in the new legislation. Ultimately, I argue that the law was a significant step for the advancement of women's rights and continued the piecemeal process of reform led by the SF. But it reinforced the group's paradoxical image as an organisation with fascist roots pushing (albeit in the workplace only) for reform.