Where the violence happened matters. Geopolitical framing and assessments of collective responsibility for historical violence.

Mass violence always takes place in a particular geopolitical context, and how that context is understood influences perceptions of collective responsibility. As international borders shift, often in the wake of war, events that occurred within one geopolitical entity can be understood has having taken place in another. The influence of such geopolitical framing on judgments of collective responsibility remains understudied. Two studies examine how geopolitical frames lead to shifting assessments of collective responsibility for historical mass violence. By depicting historical violence within a particular geopolitical entity (e.g., a country), that entity was perceived as being more responsible for the violence. The studies are set within the contexts of German-occupied Poland and the British occupation of the Indian subcontinent. The ramifications of these findings are discussed for the teaching of history, the commemoration of historical victimhood, and for our understanding of assessments of collective responsibility and geopolitical framing more broadly.     

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.     

The Common Good,Pluralism and the Small Church

Abstract

This paper discusses the understanding of “Common Good” that has been used by the Church of England, especially over the last five years. It suggests that its implicit universalism and identification of Christian morality with the ethical norms for the nation is premised on an understanding of the role of the Church which is no longer realistic. After a brief discussion of the latest statistics for church attendance and a comparison with other national churches in Northern Europe, I suggest that the Church of England is a “small church” and even that Christians constitute a religious minority. This means that the pursuit of the “Common Good” as defined by the church may simply be a piece of nostalgic longing for the time of the “big church.” The recent exclusions for the churches on same-sex marriage legislation indicate that the gap between most of the churches and the wider society. Rather than defining the common good, I suggest that in a pluralist society the churches which recognize their limited role will need to build alliances and common causes with other groups, both religious and secular.     

Pursuing Urban Commons: Politics and Alliances in Community Land Trust Activism in East London

Community land trust (CLT) practices contribute to analyses of the commons in both conceptual and on‐the‐ground ways. As collective action organizations, CLTs emphasize common land stewardship and resist traditional land speculation and development practices through the mitigation or halting of land value inflation. This paper traces the activist efforts of the East London CLT organization, one of Britain's first urban CLTs, in securing common land in the East London borough of Tower Hamlets, and examines their navigation of political decisions and creation of alliances. Although this process has been challenging as a result of neoliberal governance and private development interests, the East London CLT's trajectory demonstrates the frustrations of activism within these contexts but also the small successes in the pursuit and establishment of urban commons.     

两晋南北朝与隋唐官僚特权之比较——从赃罪、除免官当的视角

魏晋南北朝是门阀士族获得重大政治、经济、文化和社会特权的时代,但是东晋南朝与北朝的情况不尽相同。从法制层面对赃罪量刑和除免官当的考察表明,在法令的规定上北朝对待官僚较东晋南朝更为宽松,在法令的贯彻上北朝却相对严格。由此我们看到,尽管江左士族享有更多特权,但这些特权多在法令规定之外,不属于正常官僚政治的范畴。而北朝士族却积极在律令框架内寻求自身的权益保障,其努力所获得的丰厚成果为隋唐帝国的官僚所继承,从而为官僚政治的理性发展作出了贡献。     

“Bluewashing” the Firm? Voluntary Regulations,Program Design,and Member Compliance with the United Nations Global Compact

Voluntary programs have emerged as important instruments of public policy. We explore whether programs lacking monitoring and enforcement mechanisms can curb participants’ shirking with program obligations. Incentive‐based approaches to policy see monitoring and enforcement as essential to curb shirking, while norm‐based approaches view social mechanisms such as norms and learning as sufficient to serve this purpose. The United Nations Global Compact (UNGC), a prominent international voluntary program, encourages firms to adopt socially responsible policies. Its program design, however, relies primarily on norms and learning to mitigate shirking. Using a panel of roughly 3,000 U.S. firms from 2000 to 2010, and multiple approaches to address endogeneity and selection issues, we examine the effects of Compact membership on members’ human rights and environmental performance. We find that members fare worse than nonmembers on costly and fundamental performance dimensions, while showing improvements only in more superficial dimensions. Exploiting the lack of monitoring and enforcement, UNGC members are able to shirk: enjoying goodwill benefits of program membership without making costly changes to their human rights and environmental practices.     

Balancing and Limiting Episcopal Power: Bishop Thomas Barlow’s Use of Common Law in Disputes with Arminian Anglican Clerics

Thomas Barlow was a Reformed theologian simultaneously fighting on three fronts against Catholic, Dissenting Protestant and Arminian Anglican opponents. The first two of these groups threatened the Church of England from the outside, while the last group was transforming Anglican doctrine through its domination of the most important posts in the episcopal hierarchy. Barlow could not argue directly against the power of bishops without assisting the external opponents, yet he had to find a way to prevent other bishops from interfering in his continued support for Reformed theology. In order to reduce their power within the Church of England, Barlow had to look outside the institution for ways to limit his superior’s power. This essay examines two arguments in which Barlow ventured into polemics about the secular law of England in an effort to maintain limits on his Anglican opponents’ exercise of power.     

乾隆初年政府职能扩展的几个例证

世界历史在18世纪出现了罕见的“共时现象”,其中最明显的就是政府职能的扩展。但在中国,相比之下这段历史却不太为人注意。本文力图展示乾隆初年清代政府在劝农、兴修水利和开矿几个方面的所作所为。如果说,在18 世纪的西欧,政府职能扩展已属于一种“现代现象”,那么我们又应如何看待中国的这段历史?     

The Role of Russian Big Business in Local Development

The paper, based in part on field surveys in 2006, examines the role played by large Russian companies in local development, focusing on the operations of SUAL and Severstal' in Northwest Russia. The two companies provide examples of different models of corporate behavior (transnational and paternalist) in the current Russian business environment, reflecting a choice more broadly between neoliberal and corporate-nationalistic versions of Russia's participation in globalization. The author investigates the implications of the different models for the local jurisdictions in which these companies operate. Journal of Economic Literature, Classification Numbers: D21, L20, O18, P20. 2 figures, 1 table, 48 references.