Forced migration and legal-spatial violence in the United States and Germany

Asylum laws cannot function without spatial technologies and practices. Refugee camps, detention centers and accommodation facilities, in addition to dispersal and residential obligations, highlight the spatiality of asylum laws and policies. They are not only designed to regulate forced migrants' movement and place them in alternative legal and spatial regimes, but they are also spaces where migrants’ legal rights are violated and access to integrating institutions are restricted. Based on findings from Germany and the United States, this paper argues that current asylum regimes are characterized by a system of legal-spatial violence; a process in which a form of violence is embedded in law, implemented through policies and formal processes, and realized and reproduced spatially. This entanglement between the law, space, and violence involves complex and paradoxical processes: immobility and internal bordering practices (where forced migrants are confined and their movement is limited), as well as forced mobility and situations of unbordering (where movement is forced, and where spatial restrictions are either repealed or replaced). These processes fragment and prolong the trajectories of forced migration. Compulsion, displacement, and the dispossession of rights—which constitute the process of forced migration—do not cease on entering Germany or the United States, but can continue. The rationale for legal-spatial violence goes beyond the securitization of forced migration and the control and deterrence of forced migrants, and also includes economic logic and profit making.     

宋代流配地域的演变及其影响——以刺配法的实施为中心

宋代刺配刑泛滥,导致触法流配者大为增加。为避免因配隶人群大量聚集而导致的社会治安乱局,宋廷一方面施行诸路间相互移配、散配的政策,另一方面格于军政形势及祖制,将配隶地域逐步由京畿地区向南方远路转移。步入南宋,由于疆域的蹙缩及政治地理格局的剧变,流配地域在进一步南移中逐渐集中于五岭地域的远恶州军,而大量的逃亡配军刑徒与盐寇、峒寇相纠合,加剧了该区域及近邻州军的动乱,成为终宋之世都未能解决的地方军政难题。     

关于构建和谐分配关系问题

随着我国的经济发展,出现了收入两极分化的现象,主要表现在贫富人口的收入之比过高、城乡居民收入差距持续扩大、各地区间两极分化加剧等。产生两极分化既有主观原因也有客观原因,其中客观原因主要是价值规律、按劳分配规律、资本积累规律作用的结果,主观原因则在于以往认识的偏颇与政策的不到位。因而在今后的经济工作中,应重视价值规律、按劳分配规律和资本积累规律的消极作用,市场与价值规律不是万能的,不能覆盖全社会。同时,政府必须保证社会公平,既不能越位,更不能缺位。     

从神判到人判——漫谈獬豸与法

本文援引大量历史文献 ,论述了我国法律从神判到人判 ,即法的产生、演变的历史。尤其通过对漫长的阶级社会及其儒家人治观念的批判 ,充分揭露了封建社会法律的弊端与虚伪性     

Native 'land claims', Russian style

In Russia, as in Canada, Native peoples are attempting to gain greater control over their homelands. In the last decade, legislation at both the federal and sub-federal (provincial, republican, etc.) level has sanctioned the transfer of land to Native 'possession', though not ownership, for the pursuit of traditional activities. This paper surveys the legislative basis that authorizes the creation of Native 'communes' (obshchinas) and their territorialization. After examining how the process works in theory, it examines the paths taken, and obstacles met, in establishing obshchinas in three Native communities in the Sakha Republic (Yakutia).     

The Impact of Back Benchers in the Creation of Social Reform: The Indefatigable and Honourable Exertions of Mr Gilbert*

During the 18th century, back-bench members of parliament played a critical role in creating social policy. This article provides a case study of the political campaigns of the Lichfield MP, Thomas Gilbert, and his attempts at a comprehensive reform of the poor law in 1765 and 1782. These individual endeavours were energetic, sophisticated, but unallied to a particular agenda or based on Gilbert's original perspectives. Instead, he harnessed the power of local interests and extra-parliamentary forces, particularly magistrates, through the adept use of print culture in his later campaign to form social policy based on a broad political consensus. A skilled political operator, he used these same methods to help navigate his bills through parliament. To better fit the context, the campaigns were moulded around political expediency and influenced by the development of Gilbert's humanitarian reputation and the burgeoning of the press, parliamentary reporting, and political debate. The political environments of 1765 and 1782 were, therefore, different, and broader trends influenced the two campaigns. This article demonstrates the importance of the press to political campaigning and suggests that to be successful (in social policy at least) a would-be reformer was required to engage with a developing participatory political culture. However, given Gilbert's approach, the importance of ideology as a basis for social reform in an 18th-century context is questioned.     

‘Human and nothing but human’: How Schmittian is Hannah Arendt's critique of human rights and international law?

Recently legal theorists have pointed out that whereas members of their profession often assume that post-war scholarship had broken with the past completely, political theorists have paid far more attention to questions of influences and continuities in their discipline. This also holds regarding the legacy of Carl Schmitt whose case both as a jurist and political writer is particularly pressing not only for intellectual historians, but also for discussants across a broad range of fields in law and political science. It is in this context that my paper examines Hannah Arendt's immediate critique of the Declaration of Universal Human Rights in 1948. I will juxtapose Schmitt's and Arendt's critiques, arguing that these display more than superficial parallels and yet conflict in their basic contentions. I also hope to show that discussing Arendt's critique in conjunction with Schmitt's allows us to pose some more general questions about the relevance and meaning of intellectual backgrounds and influences.     

关税特别会议的评价问题——以“关税自主案”为中心的分析

关税会议对恢复中国关税自主权问题的讨论以及它所通过的关税自主案,既是当时社会各界关注的焦点,也是评价关税会议的要点。关税自主案既非有效条约亦非国际协定,并不具有约束各方的国际法效力,不能对其评价过高。从其形成过程来看,关税自主案存在悬而未决的问题。围绕关税会议而形成的关税自主运动高潮及其本身所体现出的自主趋向,方为认识和评价关税会议的基本层面。     

试析中国传统法律刑事化之成因——从中西法律文化比较之角度切入

通过探寻古代中西法律制度不同的文化背景,揭示中国传统法律刑事化的深层文化原因,指出各文明选择的应是适合自己价值取舍的制度,而无优劣之分。