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.     

Open Door or Sphere of Influence?: The Diplomacy of the Japanese–French Entente and Fukien Question, 1905–1907

Japanese–French negotiation for their 1907 entente revealed contrasting approaches to the application of the Open Door principle in China, particularly to the Fukien province after the Japanese victory in the Russo-Japanese War. Having learned about France's wish to receive Japanese guarantee for the safety of its colony in Indo-China, Japan strove to define Fukien as its additional sphere of influence once it had secured much needed loans in the Paris financial market. France tried to resist Japan's request to define Fukien as its sphere by adopting a secret note, and attempted to restrain Japan's future expansion into China by enmeshing Japan in the web of political and financial ententes with itself and Britain supporting Open Door. This approach of France was a continuation of French policy toward East Asia since the Boxer Uprising, securing its economic interests by supporting Open Door rather than pursuing territorial competition with other great powers in China. In contrast, the Japanese government strenuously attempted to weaken the general application of Open Door doctrine in China, and could define Fukien as Japan's additional sphere by securing a secret explanatory note for such a purpose.     

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。     

中葡有关澳门主权交涉内幕——从1862年条约换文到1887年条约谈判

澳门主权问题的提出主要是在中国鸦片战争失利以后。1862年条约是葡人居澳以来中葡两国签订的第一个条约。由于葡萄牙代表在议约中采取了欺诈手段,清政府未予批准。自1864年换约失败至1887年条约谈判之前的20余年时间里,葡萄牙为了以订立条约的形式达到“合法”占据澳门的目的,曾经串通列强及其驻京公使,多次与清政府进行交涉。     

“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.     

1884—1939年中药材埠际贸易的变迁研究

中药材作为近代中国贸易格局中的重要商品之一,在口岸-腹地的经济互动中位置显要,研究中药材埠际贸易网络对理解其流通的历史具有重要意义。由于受到调查数据相对零散和研究方法相对传统的限制,该网络的复原少有实质性推进。本文主要利用中国旧海关史料的中药材埠际贸易数据,辅以其他对外贸易数据,对近代的中药材埠际贸易流通网络进行数据分析研究,发现中药材埠际贸易格局的演变与通商口岸开埠的空间进程密切相关。从19世纪末到20世纪20年代,中药材埠际贸易网络呈现逐渐加密的态势,1927年后,因为战争,中药材埠际贸易网络摧毁严重;同时,中药材国际贸易的区域分布却较为广阔,从以中国为中心的东亚区域延伸到欧洲、美洲部分地区。     

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.