Representative democracy and the ‘spirit of resistance’ from Constant to Tocqueville

ABSTRACT

The role of resistance in the politics of modern representative democracies is historically contested, and remains far from clear. This article seeks to explore historical thinking on this subject through a discussion of what Benjamin Constant and Alexis de Tocqueville had to say about resistance and its relationship to ‘representative government’ and democracy. Neither thinker is usually seen as a significant contributor to ‘resistance theory’ as this category is conventionally understood. But, in addition to their more familiar preoccupations with securing limitations on the exercise of political authority and averting majority tyranny, both thinkers wrote extensively on the nature and meanings of resistance in ‘representative governments’ or democratic societies. Both thinkers are examined in the context of revolutionary and Napoleonic discussions about the legitimacy of resistance or ‘right to resist’ oppression, and against eighteenth-century discussions of the ‘spirit of resistance’ since Montesquieu. The article notes conceptual distinctions between resistance, revolution and insurrection in the period, and addresses the broader question of the extent to which early nineteenth-century French liberals sought to ‘institutionalise’ principles of resistance within modern constitutional frameworks.     

Public Opinion and Policy Representation: On Conceptualization,Measurement, and Interpretation

The congruence between public preferences and public policy is of special importance in representative democracies. We want to know whether the public is getting the policies it wants and, if not, whose preferences are being represented. To directly evaluate congruence, scholars need to measure what the public wants in a particular policy area and then correctly match it to policy in that area. This is difficult to do. Not surprisingly, while much scholarship examines the congruence of positions, little research examines actual policy congruence. Even the work that there is on the subject offers limited information. In this paper, I assess what we can infer about congruence from the different scholarly traditions in the study of representation. I also consider prospects for research on the match between public preference inputs and public policy outputs, particularly when we cannot assess it directly.     

中国国民党早期军队政工制度的演变:1924-1928

在孙中山的“党治”理念及苏联“党军”体制影响下,中国国民党于1924年改组后积极倡行“党在国上”、“党在军上”的政治制度,在黄埔军校教导团时代,即仿效苏联红军实施以党代表为中心、以政治部为具体实践单位、辅以自上而下建立党部的三位一体的政工制度。1925年7月改编为国民革命军后,这一体制在黄埔军校生为主体的军队内基本保留。因国共间的猜忌,国民革命军政工制度随着“清党”运动而产生重大变异,党代表制废除,政治训练部地位下降,军队党部更是形同虚设。试图控制军队的国民党,却被以蒋介石为首的军人反控,形成了事实上的“以军干政”、“军强党弱”现象,成为此后影响民国政治走向的一大因素。     

对图书馆工作践行"三个代表"重要思想的探析

“三个代表”重要思想是新时期图书馆工作和事业发展的指导方针。图书馆应从着力开发文献信息资源、全心全意为读者服务等方面贯彻和实践“三个代表”重要思想,真正做到全方位、多层次为广大读者服务。     

The Netherlands in the constellation of the eighteenth-century Western revolutions

In the constellation of the eighteenth-century revolutions, the French events have always occupied a dominant position. Consequently the other European upheavals have been considered as being provoked or strongly influenced by France. Yet, the Dutch revolutions in the 1780s and 1790s provide some important nuances to this interpretation. Before the French took over the Bastille, there was already a Dutch revolution with devoted Patriots, speaking about rights of man and constitutions. The Patriots had to flee abroad in 1787. In 1795, thanks to the French Army, they were able to return to their drawing boards, eager to think anew their government and society. This paper investigates how they did it and whether the American and French precedents were so influential after all in the construction of the Batavian Republic.     

Defending ‘the Principle of Representation’: Andrew Bisset,The English Civil War,and The History of the Struggle for Parliamentary Government in England

Abstract

Victorian attitudes to the past were varied and in some cases irreconcilable. Newer standards of expertise and objectivity coexisted with older approaches, and the idea that history should be used for present purposes remained intact. Throughout the Victorian age there were circumstances in which history was a polemical tool, designed to give one set of interpretations or values or policies an advantage over its rivals. This article explores the work of a relatively neglected figure in Victorian historiography – the reform-minded historian and lawyer Andrew Bisset (1803–1891) – whose primary goal was to illustrate and advance what he called ‘the principle of representation’. He discussed people and events of the past to this end, offending reviewers along the way because of his obvious political agenda, but also developing a rigorous source-based style, usefully evaluating for his readers the work of Macaulay, Carlyle, and others, and helping to shape Victorian opinion about, in particular, the political and religious crises of seventeenth-century Britain. Like others, Bisset believed that the disputes of that period had relevance to the public controversies of his own day. This article is designed to contribute to ongoing debates about the Victorians’ relationship with the past.     

《明史·礼志》史实考误

张廷玉《(明史·礼志》是迄今影响最大的专门记载明代礼制的史志文献,但其中也存在诸多史实讹误,这大大影响了其可信度和史料价值.经据《明实录》、《明会典》、《皇明典礼志》、《昭代典则》、《太常续考》、《辛L部志稿》等文献考证,可知该《志》中华书局1974年点校本第47-53卷仍然存在史实讹误21处.其致误之直接原因,大致有脱漏、衍文、字形相近而误等情形;但根本原因还是缘于编纂、刻印和传抄者的疏忽与粗心.     

Rehabilitating political parties: an examination of the writings of Hans Kelsen

This paper focuses on Hans Kelsen’s reflections on political parties. During the interwar period, Kelsen participated in a controversy over whether political parties were a necessary part of the democratic process. The debate forced Kelsen to produce a defence of political parties to emphasise their functionality and define their place in his particular definition of democracy. This contribution considers the following aspects. First, the reasons why Kelsen thought political parties are necessary for democratic life are explained. Second, the doctrinal oppositions against which he elaborated his defence of political parties are clarified. Third, the programme that Kelsen conceived of to enhance political parties in a constitutional democracy is examined. Finally, the contemporary questions that have arisen in relation to Kelsen’s conception of political parties are scrutinised. Kelsen’s contribution to the debate about the role of political parties was intimately related to the presence of strong criticisms of that role. This makes his reflections even more interesting today, considering the present relative decline of the political role and appeal of parties.     

Does compulsory voting violate a right not to vote?

It is sometimes claimed that compulsory voting violates a particular right not to vote. For some, this assumed right is as fundamental as the right to vote. The existence of such a right, however, has attracted little sustained scholarly attention. This article explores from a political theory perspective whether the alleged ‘right not to vote’ is deserving the same legal and moral protection as the right to vote. I argue on two broad grounds that it is not. First, not all rights are capable of being legally waived and voting is one of them. Second, voting is a right but it is also a duty; it is a duty-right. Therefore, even though many people do fail to vote, doing so does not seem to constitute the exercise of any particular right, nor should it be legally recognised as such.

有人认为强制性投票侵犯了不投票的权利。对于很多人来说,不投票的权利跟投票的权利同等重要。不过这种权利却未得到学术界的持续关注。本文从政治学的角度探讨了所谓的“不投票权”是否应像投票权一样享有法律上和道德上的保护。笔者基于更宽泛的理由认为不应当。首先,并非所有权利都是可以在法律上免除的,投票权即是。其次,投票是权利,也是义务;是权利—义务。所以,尽管许多人没有投票,但这并不构成某种权利,法律上也不应被视作权利。     

Assessing Representation at Different Scales of Decision Making: Rethinking Local is Better

The nature and quality of representation in public participation is crucial to reaching acceptable environmental decisions that can be implemented. Ten case studies of natural resource management groups involved in agriculture in south western Australia were conducted at four spatial scales—state, regional, land conservation district (shire or county), and subcatchment. Qualitative analysis identified the desirable qualities of representatives, and then compared perceptions of current practice at the four scales against these ideals. Desirable qualities were being an active participant, competency (skills and knowledge), credibility, adopting the group identity and commitment, communicating outside the group, having established social networks, and an ability to function in multiple roles. Analysis across scales suggests that for groups at broader spatial scales of organizing, such as the state level, representation was closer to achieving the desired qualities than at other scales. This finding is contrary to much of the current rhetoric in natural resource management, and environmental management more generally, that "local is better." The article concludes with some thoughts as to why this is the case, suggesting that the success or otherwise of representation, and the public participation in which representatives are involved, is influenced not only by the scale of decision making but also by how representatives are selected and what they are expected to achieve.