Competing Visions of the Rule of Law in Southeast Asia: Power,Rhetoric and Governance

Abstract

This article introduces a special issue on the emergent relationship between the rhetoric and implementation of the rule of law concept in Southeast Asia. It thematically introduces four country case studies (Cambodia, Myanmar, Thailand and Vietnam), and the case of ASEAN’s adoption of the rule of law in region-building, which are included in this special issue. We highlight how ideals that are arguably central to the “tradition” of the rule of law are being excised, marginalised, defended and/or undermined in Southeast Asian contexts. We emphasise how the very concept is deeply contested and far from neutral – at stake is the very notion of “law” for whom, and for what. The article offers insight into the social dynamics affecting how the rule of law is being interpreted by political actors and how it is being contested and consolidated via governance practices in the region, and proposes new avenues for research in assessing how the rule of law is operating in transitional and authoritarian state settings.     

Stalin’s humanitarian government: class,child homelessness and state security in a historical perspective (1930s–40s)

Informed by Didier Fassin’s concept of humanitarian government, this article reveals a distinct pattern of secret care provisions imposed under Stalin by the secret police and its successor agencies (NKVD, MVD) first to the peasant children displaced by class war and the famine of 1932–33, and then to the children made homeless by the Great Terror and the 1940s’ national deportations. The article also identifies the under-researched reception centres as crucial sites for both administering emergency assistance and establishing the social classification necessary to apply these discriminatory measures. Affected by the decreasing faith in their possible socialist rehabilitation and lack of any official display of compassion, these children’s lives appeared even less worthy of saving in the course of major emergencies. These findings challenge the official Soviet view of the existence of a universal childhood worth protecting, which guided the first socialist country’s intervention to save other children nationally and internationally.     

Spatializing transnational history: European spaces and territories

This article introduces the dossier ‘Spatializing Transnational History: European spaces and territories’. It examines the intersections between transnational history and the so-called ‘spatial turn’ in social sciences, and points at future directions in historical research. It reviews two main different methodological approaches to the problem of space in transnational, comparative and global history and examines recent contributions on the history of territory. Finally, it introduces the contributions to this dossier, which approach the history of modern Europe from a number of transnational and spatial perspectives. The dossier argues that incorporating a combination of spatial approaches, ranging from the examination of transnational spaces, to the interplay between different scales of analysis, and to the historicization of territoriality, into the practice of transnational, comparative and global history may contribute to a deeper, wider and more complex understanding of ‘Europe’.     

Mens rea,the Achilles’ Heel of Criminal Law

Abstract

The evolution of criminal law in Western legal systems is often portrayed as a path leading from objective to subjective notions of criminal responsibility. By examining the historical development of the notions of subjective responsibility, this article suggests that the function of a wrongdoer’s subjective mental state, in both its substantive and procedural aspect, as an element in the process of attributing criminal responsibility, remains much the same today as it was in antiquity. This is indicated by what subjectivity, as an essential condition of culpability (actus non facit reum nisi mens sit rea), is said to imply: the distinction between intentional and unintentional acts. Although the notions of intent and malice aforethought are attested to in various sources on ancient Athenian law, there are several kinds of cases in which the role played by these aspects—traditionally referred to as mens rea (“guilty mind”)—remain unsolved in contemporary jurisprudence and legal practice. Yet despite the difficulties of establishing facts in particularly complex criminal cases, setting the boundary between “intentional” and “unintentional” remains crucially important in determining criminal responsibility and thus in distinguishing the “licit” from the “illicit,” which is the very foundation of the rule of law.     

Views,use and reception of visualisations of development proposals impacting cultural heritage

Visualisations of land-use projects have become an important part of the planning process. Using a survey of heritage professionals’ attitudes towards visualisations as a starting point, this article addresses tensions between the expressed usefulness of visualisations and critical attitudes towards the lack of ‘objectivity’ of visual representation and the risk of manipulation for strategic purposes. Moving from the survey, the article discusses how visual representations of development proposals became part of a Norwegian public dispute over the expansion of a shopping centre in a historic town. Furthermore, our aim is to introduce a social semiotic approach for analysing visualisations at historic sites. Finally, we discuss some theoretical implications of negotiating visualisations, with emphasis on the recent debate about representational and non-representational theories in heritage studies.     

The Abstraction of Care: What Work Counts?

Nurses provide essential health care labor, but their work, a mix of caregiving and clinical expertise, is often undervalued and unacknowledged by health care administrators and the policies and practices that govern health care more broadly. Based on interviews with nurses working in the New York metropolitan area and through pairing feminist political economy with literature on abstraction and politics of the possible, I show that the ways in which nurses’ work is measured creates a value hierarchy of tasks. Examining various tools of measurement, I argue that methods for measuring work are rooted in an historical and continuous hierarchy of what counts as work and what has value. For nurses, these processes obscure the essential care work they perform. I argue that bringing an explicit politics of social reproduction to the politics of measuring and accounting for work makes visible necessary and often‐obscured tasks, spaces, and social relations.     

Do Minorities Trust Less? Understanding Differences in Social Trust among Canada’s Major Ethno-Racial Groups

Using data from Canada’s General Social Survey, this article assesses ethno-racial differences in social trust. Bivariate findings reveal that the three most culturally distinctive minorities—visible minorities, the French, and Indigenous Peoples—exhibit the lowest trust of all groups. Multivariate analyses show that controls for “ethno-cultural markers” (religion, language, immigration status), socioeconomic influences (education, income), and social engagement indicators (voluntary association activity, ethnic diversity of friendships) explain the lower trust between the French and, less so, among visible minorities. Socioeconomic factors partly account for lower trust among Indigenous Peoples, but they still express comparatively low social trust even with controls. The article discusses how interpretations focusing on “social distance” and “social boundaries” processes help in understanding social trust differences across Canada’s major ethno-racial communities.     

Migrants,inequalities and social research in the 1920s: The story of Two Portuguese Communities in New England

In this article, I analyse the production and reception of a 1923 social monograph on migrant communities in New England and in doing so: (1) outline an archaeology of the social sciences in the U.S., by analysing aspects of their development, dynamics, institutional politics and research agendas; (2) discuss the tensions between social, racial and cultural interpretations of inequalities in the political economy of the 1920s; (3) analyse the pervasiveness of racialist thinking in science, society and politics, its impact in the hierarchization of groups for purposes of border control, and how the targeted groups responded to it.     

Primitive Liberals and Pirate Tribes: Black-Flag Radicalism and the Kibbo Kift

ABSTRACT

The Age of Catastrophe (1914–1945) has long been considered a crisis of liberalism. As a political platform and moralistic worldview, the hollowness of liberalism’s promise was exposed when total war struck at the heart of Europe, undermining its presumption of imperial hegemony over much of the world. What emerged in its wake, amid the swells of irremediable nationalisms, is the subject of this article. Blinded by the fog of war and bright lights of modernity, historians often fail to catch the glimpses of alternative aspirations, which escaped the age’s ruptures so as to reinvent and redeem humanity from the depths of its bloody past. Against a backdrop of neglected case studies from Britain and elsewhere – from the Luddites to the Kindred of the Kibbo Kift – this article seeks to show how the spectre of death inspired new ideals of youth and civility that rejected the arrogance of imperial masculinity and industrialised oppression, turning instead to visions of global kinship that were socialist and anarchic, romantic and utopian, primitive and piratical.