Island Despotism: Trinidad,the British Imperial Constitution and Global Legal Order

Narratives of the history of international law in the early and middle decades of the nineteenth century have emphasised the role of global humanitarian movements in establishing international norms and institutions. The abolition of the slave trade and the amelioration of slavery feature prominently in this account as reform movements that supposedly laid the groundwork for human rights law. Using controversy about the constitution of the island of Trinidad and the excesses of its first governor, Thomas Picton, as a case study, we argue instead that attempts to reform slavery formed part of a wider British effort to construct a coherent imperial legal system, a project that corresponded to a different, and at the time more powerful vision of global order. As experiment and anti-model, Trinidad’s troubles provided critics with an advertisement for the necessity of robust imperial legal power in new and old colonies. Such a call for imperial oversight of colonial legal orders formed the basis of an empire-wide push to reorder the British world.     

‘Germany’s salvation’: Carl Schmitt’s teleological history of the Second Reich

Although Schmitt’s enthusiastic conversion to National Socialism is well known, his short history of the German Kaiserreich, published in 1934, remains neglected in Anglophone scholarship. This article contextualizes Schmitt’s narrative through the National Socialist conception of history and its accompanying teleology leading to the formation of the Third Reich. By placing Schmitt’s historical text in conversation with his earlier Staat, Bewegung, Volk, this article argues that Schmitt appropriated the history of the Kaiserreich to construct liberalism as a social pathology which could only be cured through the ‘concrete state theory’ he outlined in Staat, Bewegung, Volk. Furthermore, this article argues that Schmitt’s history relied heavily on propagandistic clichés of the Third Reich and thereby functioned as a rhetorical legitimation of Hitler’s rise to power.     

The legal grading of sexual citizenship: sentencing practices in Norwegian rape cases

This article maps and discusses the legal processing of rape cases in Norwegian appellate courts. Drawing on data from a multivariate regression analysis and a qualitative frame analysis, we examine the significance of space, accuser-convict prior relationship, the social context, accuser-convict marital relationship status, and convict racial background for grading of sentences in rape cases. The data-set consists of 176 rape cases that were processed in 2011 and 2012. Excluding acquittals and controlling for the application of relevant legal provisions, we find that sentences are reduced by 30% if the rape occurs in a private space as opposed to a public space. If the rape occurs at a party or is committed by a perpetrator who is a member of a racial majority, we find that sentences are reduced by 20%. A prior relationship between the victim and the perpetrator reduces sentencing by 18%. Results regarding victims of marital rape are inconclusive. The study concludes that sentencing is stratified according to the public/private divide, prior relationship, social context and race. Despite progress made on behalf of victims of domestic violence and a gradual implementation of stricter sentencing in line with legislative intentions, the legal processing of rape cases is permeated by race and gender discrimination.     

美国史学界关于美国建国初期商业组织的研究

美国建国初期的商业组织不仅推动了经济发展,而且对社会民主化进程产生了重要影响。在过去一百多年间,美国史学界涌现出众多研究美国建国初期商业组织的论著。美国史学家围绕商业组织的政策制度、思想意识以及商业组织发展中的社会冲突展开讨论。随着研究的不断深入,学者们将商业组织的发展转变看做一个综合体,涉及社会各层面与领域的因素。在这个意义上,经济史变成了政治史和社会史。政治精英的态度、大股东活动与平民百姓生活都融入商业组织发展转变的叙述中,展现了一个时代的发展。     

ALGONQUIN NOTIONS OF JURISDICTION: INSERTING INDIGENOUS VOICES INTO LEGAL SPACES

ABSTRACT. Aboriginal and non-Aboriginal notions of geography, nature and space sometimes compete, and these differences can create barriers to joint environmental problem-solving. This paper examines the Ardoch Algonquin First Nation and Allies (AAFNA) and the strategies they used in juridical and legislative settings to make their voices heard. In the Tay River Ontario Environmental Review Tribunal (2000–2002), AAFNA attempted to introduced their knowledge of the environmental deterioration which would be caused by a Permit To Take Water issued to a multinational corporation by the Ontario Ministry of Environment. The paper is divided into two parts: first, it describes the concepts of Algonquin knowledge, jurisdiction and responsibility; second, it explores the strategies used to integrate their perspective into legal proceedings constructed by the Canadian government. This case reveals how some Algonquin people conceive of space and responsibility in deeply ecological, rather than narrowly juridical, terms. It establishes that their broad concepts of knowledge, land and jurisdiction are incompatible with existing Euro-Canadian divisions of legal responsibility and ecological knowledge, but at the same time can serve as the means by which they challenge the current structure of Aboriginal and Canadian relations.     

Legal heritage and urban slums

This paper studies the effect of legal origins (common law vs. civil law) on contemporary slum formation in developing countries. First, we provide a cross-country correlation analysis. Second, we provide a regression discontinuity analysis using household data from Cameroon. The results suggest that a common law heritage is associated with a lower probability of slum conditions. The legal philosophies transplanted through colonization appear to be associated with the pattern of contemporary urban housing stocks in developing countries.     

Place in legal geography: Agency and application in agriculture research

Systemic failure of our land management, legal, and regulatory institutions is revealed by the serious and adverse social and environmental impacts of land use practices in private agriculture, evident in severe land and water degradation, precipitous decline in biodiversity, and reduced resilience to natural hazards and climate change. The efficacy of the standard treatment of environmental law and regulation is often hampered by the cultural and legal priority of property rights. We take a different approach, using legal geography to refocus attention on the salience and agency of place and responses to degradation, such as conservation farming and regenerative agriculture, which are reforming dominant land management cultures and institutions from within. By recognising the role of place in leading geographically responsive land use decision-making and more sustainable, resilient, and productive agricultural practices, an alternative model of private land ownership may be possible, as well as greater environmental sustainability. For researchers, our approaches too must be sensitive and responsive to place agency and our methodologies must evolve to acknowledge the agency of place. Place agency in legal geography has great potential for application in reforming suboptimal industrial agricultural practices and legal models of property ownership, and also for revitalising our scholarship.     

试论我国的社会救助法律制度

本文认为,社会救助法律制度的产生和发展是社会进步的标志之一,但我国目前的社会救助法律制度还不够完备,满足不了现实要求。因此,建立完备的社会救助法律制度已是当务之急。     

日本女性离职问题及其劳动权的法律保障

日本经济的长期不振,导致了失业率急剧上升,女性失业尤为突出。随之,也带来了女性失业性离职的诸多问题。察其女性离职的原因,社会的、公司的、个人的等多种因素同时并存,相互交织,呈复合态势。离职带来的直接影响是收入的锐减;就心态而言,乐观向上与消极处世并存。由于年龄的差异,日本女性再就业呈“M”型态,再就业形势仍十分严峻。对此,日本采取了改进和完善女性劳动权保障制度和修改《雇佣保险法》和《男女雇佣机会均等法》等举措。     

Contesting captive cetaceans: (il)legal spaces and the nature of dolphins in urban Singapore

Drawing on the debate over dolphin captivity in Singapore, we examine the ways in which human–animal relationships are contested. Departing from most animal geography studies which often focused on the conflictual spatial transgressions of animals into human spaces, we use the idea of ‘captivity’ as a heuristic to posit that human–animal relationships are necessarily moral, spatially enmeshed in contestations over what is (un)natural and increasingly entwined in legal geographies. While such an argument mirrors other sites of animal captivity (for example, zoos), dolphin captivity sits in a more ambiguous legal terrain than most other captive animals in zoos. Moreover, the very ‘nature’ of dolphins makes debates over their ‘authenticity’ ever more complex. The moralities of cetaceans are simultaneously underpinned by questions of the spatial (‘captive sites’ and ‘open seas’), the socio-cultural (‘charismatic animals’) and the legal (‘regulatory frameworks governing their welfare and whether they are endangered or not’). Hitherto, cetaceans are less researched (compared to terrestrial creatures) in animal geographies with even fewer studies focusing on cetacean captivity. We call for an expanded notion of ‘captivity’ that is relative, relational and non-absolute and underpinned by the notions of ‘nature’. In so doing, we align ourselves more with the anti-captivity camp.