Readings on Thai Justice: A Review Essay

Abstract

How far can judges hope to address Thailand’s political problems? This article reviews six Thai-language books dealing with various aspects of the judiciary, exploring the historical and intellectual origins of the institution. Thirayudh Boonmee’s 2006 call for a judicialisation of politics – his own elaboration of two important royal speeches – builds on judges’ longstanding belief that they are acting “in the name of the King”. But their narrow, formalistic training ill-equips them to exercise broad powers. The article contrasts judges’ idealised self-understandings (as seen in a popular book on how to become a judge by Natthapakon Phitchayapanyatham, and in the 2010 Judicial Code of Ethics) with revisionist perspectives on the judiciary developed by critical scholars Nidhi Eoseewong, Piyabutr Saengkanokkul, and Somchai Preechasilapakul. Whereas judges may imagine themselves to be acting directly on behalf of the monarchy, revisionist scholars insist that since 1932 judges have formed part of a modern democratic order, in which they need to be more transparent and accountable. A close reading of these books reveals that there is no shared agreement in Thai society about the nature or basis of judicial authority.     

The ‘Evidence’ of sex,the ‘Truth’ of gender: Shaping children's bodies

This paper is about the body, specifically a child's body, as a site where identity becomes contested. It is also about a surface or space where we lay claim—a site of vested interest. In April 2004, the Australian Family Court ruled that a 13-year-old child (Alex) had gender identity dysphoria and decided to allow reversible hormonal treatment. The Court ruling produced considerable legal, medical and public reflection over whether these decisions were in Alex's best interests, whether Alex was able to make such a decision at his age, and to assess Alex's competency. These debates also aimed to fix sex and gender through the deployment of a nature and nurture framework. The purpose of this paper, using the example of Alex, is to illustrate the various ways that these claims over a child's body, undermine the possibility for rethinking sex and gender.     

Women's and men's lives and work in Sweden

Kvinnors och Mäns Liv och Arbete. J. Acker, A. Baude, U. Björnberg, E. Dahlström, G. Forsberg, L. Gonäs, H. Holter & A. Nilsson, 1992. Stockholm, SNS Förlag. ISBN 91–7150–451–6.     

Socialist statuary as post-socialist hybrids: following the statues of Dr Petru Groza in Romania

This paper is concerned with the post-socialist lives of Communist statues. While acknowledging that post-socialist transformation frequently involves searching for new identities based on the disavowal of the communist past and the de-communisation of cultural landscapes, the paper stresses the importance of exploring complex continuities from the state-socialist period. This is illustrated by a case study of the fates of three socialist-era statues of the Romanian Communist leader Dr Petru Groza which were erected in Bucharest, Deva and B?cia. The paper examines how these socialist-era statues have been de- and re-contextualised, translated and re-valued into ‘post-socialist hybrids.’ The analysis explores the complexities of the historical geographies of these statues after 1989, particularly the way that they continue to play a role in the shaping of identities, societies and politics.     

Place, national identity and post-socialist transformations: an introduction

This paper serves as an introduction to this theme issue on the topic of post-socialist identity politics surrounding nation building, national identity and nationalism. It presents an overview of the key processes of post-socialist identity formation in Central and Eastern Europe (CEE) and the former Soviet Union (FSU) in order to contextualise this collection of papers. This introduction outlines the key processes of identity formation and the treatment of nationalism under conditions of state-socialism, and then identifies the main processes of identity formation which have emerged in discourses surrounding nations and nationalities in post-socialist CEE and the FSU. A short account of each of the papers in the theme issue is then presented to identify the common strands of their analyses of post-socialist nationalisms.