Bringing Chinese Law in Line with Western Standards? Problematizing “Chinese” and “Western” in the Late Qing Debate over the New Criminal Code of Great Qing

This article examines the intense debates over the New Criminal Code of Great Qing (Da-Qing xin xinglü) in the National Assembly (Zizheng yuan) during the Qing empire’s New Policy Reform (1901–11). The focus is on the conflict between those who drafted and supported the new code and those who expressed reservations, especially over reform of the laws on filial piety and fornication. The issue of reconfiguring the family and social order through law was closely related to the overarching agenda of twentieth century legal reform in China—making an empire that “ruled through the principle of filial piety” into a modern nation-state that had direct relationships with its citizens. More importantly, an analysis of the late Qing debate over family law enables this article to problematize such concepts as “Chinese” and “Western” during this crucial moment of China’s empire-to-nation transformation. It showcases the paradox of China’s modern-era reforms—a contradiction between imposing Western-inspired order with a largely indigenous logic and maintaining existing sociopolitical order in the name of preserving national identity.     

Discourse on the Docks: Containerization and Inter-Union Work Disputes in US Ports, 1955–85

Research on labour markets has often focused on the economics of work location. Far less attention has been paid to how labour markets are constructed discursively. In this paper, I analyse how the creation of rival discourses concerning traditions of work were central elements in the efforts of two unions to structure local labour markets, in order to retain work for their members in the face of technological innovation. The struggle between the two unions centred on their abilities to construct rival discourses concerning the historical geography of work in the industry. These formed the basis for judicial interpretations concerning whether the actions of the dockers' union represented a legal work preservation action or an illegal work acquisition measure. Such interpretations shaped the subsequent evolution of work and labour markets in the industry. The ability of economic actors to shape discourse in their favour can be a powerful force in the regulation of local labour markets, and thus in the production of economic landscapes.     

Punishing wars of aggression: conceptualising Nazi State criminality and the US policy behind shaping the crime against peace, 1943-1945

This paper refocuses attention on what has been seen as one of the most important limbs of the Nuremberg Charter – the crime against peace, or aggressive war. It looks at the legal and political dimensions that motivated such a characterisation by figures behind the debate, and the various, at times uncertain steps, in bringing forth the designation based on breaches of the Kellogg–Briand Pact within the milieu of other traditional offences. Particular attention is given to the philosophical underpinnings of the crime against peace regarding individual German guilt, notably members of the Nazi leadership, with an examination of influences that proved critical in creating a punishable crime at international law. This paper argues that, despite being of continuing interest to civic groups, such an offence continues to trouble legislators and lawyers, rooted as it is in the focus on war as itself criminal.     

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.     

Climate change,conflict, and cooperation: Global analysis of the effectiveness of international river treaties in addressing water variability

Climate-driven water variability is a natural phenomenon that is observed across river basins, but one that is predicted to increase due to climate change. Environmental change of this kind may aggravate political tensions, especially in regions which are not equipped with an appropriate institutional apparatus. Increased variability is also likely to challenge regions with existing institutional capacity. We argue that our best attempts to assess the ability of states to deal with variability in the future rest with considering how agreements have fared in the past. In this paper, we explore treaty effectiveness, or treaty resilience, by investigating whether particular water allocation and institutional mechanisms help mitigate inter-country tensions over shared water. We use water-related events from the Basins at Risk events database as a dependent variable to test particular hypotheses regarding the impact of treaty design on conflict and cooperation over time. A broad set of climatic, geographic, political, and economic variables are used as controls. The analysis is conducted for the years 1948–2001 using the country dyad as the level of observation. Findings pertaining to our primary explanatory variables suggest that country dyads governed by treaties with water allocation mechanisms exhibiting both flexibility and specificity evince more cooperative behavior. Country dyads governed by treaties with a larger sum of institutional mechanisms likewise evince a higher level of cooperation, although certain institutional mechanisms appear to be more important than others.     

Women in prison: Ethnographic reflections on gender and the carceral state

The criminal justice system is increasingly becoming the subject of national dialogue throughout the United States due to the sheer number of people it impacts: according to the Department of Justice, nearly 7 million, or 1 in 35, U.S. residents are under some form of correctional control. The four books reviewed in this essay derive their findings from ethnographic methods that offer deep insights into the carceral state’s everyday operations in individual women’s lives, while raising profound theoretical and practical questions about gender and governance. We engage with these texts from unique situated standpoints as insider-outsiders with intimate knowledge of the U.S. criminal justice system gleaned from our respective lived experiences, services provision work, and research with currently and formerly incarcerated Wyoming women.     

Studying the International,Serving the Nation: The Origins of International Relations (IR) Scholarship in Germany, 1912–33

This paper examines the dynamics of internationalist and nationalist political thought in the formation of International Relations (IR) scholarship in Germany during the early twentieth century. It argues that while liberal internationalism played a significant role in shaping the discipline, IR scholars were often devout nationalists and worked for their government rather than for international peace. German institutions for the study of IR, like their Anglo-American counterparts, were founded in the aftermath of the First World War. Celebrated during the 1920s as ‘bulwarks of democracy’, they were nationalised by the Nazi government, lost their academic profile and since then have been largely forgotten. This paper explains the origins of IR research at the Institut für Auswärtige Politik, based in Hamburg and directed by Albrecht Mendelssohn Bartholdy, as well as at the Deutsche Hochschule für Politik, led by Ernst Jäckh in Berlin. Formally inaugurated in 1923 and 1920 respectively, both institutions drew on pre-war intellectual traditions as well as wartime networks. In light of recent re-appraisals of inter-war IR scholarship in other countries, the German case offers new and important insights into the complex intellectual traditions of what has traditionally been oversimplified as a first ‘great debate’ between ‘idealists’ and ‘realists’.     

Alberta’s Great Experiment in Senatorial Democracy

In 2014, the Supreme Court of Canada ruled that the unelected nature of the Senate is an inherent feature of Canadian parliamentary democracy and is a central pillar of the constitution. Members of the Upper House are appointed by the Governor General, acting on the advice of the Prime Minister. The decision taken by the Prime Minister is not subject to review by Parliament or the provincial legislative assemblies. Patronage appointments have given the Senate a reputation as a dumping ground for political friends and party insiders. In 1989, the province of Alberta enacted the Senatorial Selection Act, arguing that it would serve as a stepping stone for substantive reform to the Senate. The province has held four elections in which the people of the province have chosen senators-in-waiting. This article argues that the Court’s opinion in Reference re Senate Reform undermines the foundation upon which the provincial statute rests.     

Equality of Women's Economic Status? A Major Bone of Contention in the International Gender Politics Emerging During the Interwar Period*

This study brings together the often disparate scholarship on the League of Nations and the ILO. It follows the interactions between the League, women internationalists, and the ILO, which evolved around the question of woman-specific labor legislation and the equality of women's status. These interactions resulted in a broadening mandate of international gender policies while deepening the institutional and legal distinction between women's ‘political and civil’ as opposed to their ‘economic’ status. The ILO insisted on certain forms of women-specific labor regulation as a means of conjoining progressive gender and class politics, and was anxious to ensure its competence in all matters concerning women's economic status. The gender equality doctrine gaining ground in the League was rooted in a liberal-feminist paradigm which rejected the association of gender politics with such class concerns, and indeed aimed to force back the ILO's politics of gender-specific international labor standards. As a result of the widening divide between the women's policies of the League and the ILO, the international networks of labor women reduced their engagement with women's activism at the League. The developments of the 1930s deepened the tension between liberal feminism and feminisms engaging with class inequalities, and would have problematic long-term consequences for international gender politics.     

‘Mucho malo for fascisti’: Languages and Transnational Soldiers in the Spanish Civil War

This article explores the linguistic experiences of transnational soldiers, using the Spanish Civil War as a case study. It argues that communication difficulties provoked by linguistic diversity within the Republican war effort and particularly within the International Brigades, caused the high command to move from a utopian, internationalist policy to a more pragmatic approach. The article evaluates the role played by language intermediaries in this evolving policy and in the wider Republican war effort. Finally, it argues that soldiers grassroots experiences of language contact forged new linguistic forms which underlined a strong sense of shared purpose and identity.