Judicial Strategies and the Political Question Doctrine: An Investigation into the Judicial Adjudications of the East Asian Courts

Author(s):  
Jiunn-rong Yeh
1988 ◽  
Vol 137 (1) ◽  
pp. 97 ◽  
Author(s):  
J. Peter Mulhern

1980 ◽  
Vol 74 (1) ◽  
pp. 38-52 ◽  
Author(s):  
Robert A. Kocis

At the root of the conflict between Berlin and his critics is a fundamental disagreement over the possibility of certainty and over the relation of human ends to politics. Gerald MacCallum's formalist critique obscures the political question of whose values a free person is at liberty to pursue. Macpherson's attempt to defend positive liberty as not rationalistic is shown to fail because he (a) conflates liberty with its conditions and (b) assumes a rational pattern to human moral development. And Crick charges Berlin with ignoring politics, understood as active participation in the polis. Finally, Berlin's conception of politics as a form of human interaction aimed at creating the conditions of human dignity in a situation where we sincerely disagree over the ends of life is shown to be an effort to liberate us to live life for our own purposes. Yet Berlin's defense of liberty is problematic because it is too skeptical; to overcome this difficulty, a non-teleological yet developmentalist account of human nature and a weakly hierarchical account of human values is suggested.


2017 ◽  
Vol 43 (3) ◽  
pp. 494-515 ◽  
Author(s):  
Björn Jerdén

AbstractMany states partially relinquish sovereignty in return for physical protection from a more powerful state. Mainstream theory on international hierarchies holds that such decisions are based on rational assessments of the relative qualities of the political order being offered. Such assessments, however, are bound to be contingent, and as such a reflection of the power to shape understandings of reality. Through a study of the remarkably persistent US-led security hierarchy in East Asia, this article puts forward the concept of the ‘epistemic community’ as a general explanation of how such understandings are shaped and, hence, why states accept subordinate positions in international hierarchies. The article conceptualises a transnational and multidisciplinary network of experts on international security – ‘The Asia-Pacific Epistemic Community’ – and demonstrates how it operates to convince East Asian policymakers that the current US-led social order is the best choice for maintaining regional ‘stability’.


2005 ◽  
Vol 48 (2) ◽  
pp. 87-109 ◽  
Author(s):  
Ivor Chipkin

Abstract:This article considers a burgeoning literature on Johannesburg from the perspective of the sorts of questions it asks about the city. There is a substantial and lively literature on questions of poverty and equality, class and race. These studies are strongly informed by the idea that the mechanisms that produce such inequalities are key to understanding the nature of Johannesburg as a city: in terms of how its economy works and how political institutions function, but also in terms of what sort of city Johannesburg is and can be. I consider sociological and economic studies of the inner city that try to account for demographic shifts in the inner city and for processes of social and physical degeneration. I review urban anthropologies of inner-city society, considering in particular new forms of social and economic organization among inner-city residents. Related to these, I discuss debates among scholars about the prospects for governing the city, paying special attention to the consequences for such readings on partnerships. I also discuss an emerging literature, critical of that above, which seeks to shift analysis of the city toward studies of culture and identity. These literatures do not simply approach the city through different disciplinary lenses (sociology or economy or anthropology or cultural studies) . They come to their studies from different normative perspectives. For some, the key political question of the day is one about social and political equality in its various forms. For others, it is about the degree to which Johannesburg (or Africa) is different from or the same as other places in the world. This paper has tried to bring to the fore the political (and not simply policy) consequences of these different views. It concludes not by seeking to reconcile these perspectives, but by suggesting a way of retaining a commitment to equality and justice while not reducing them simply to questions of economy. At stake, I argue, are questions of democratic culture and of sociability.


2012 ◽  
Vol 10 (3) ◽  
pp. 809-811
Author(s):  
Erik Martinez Kuhonta

A major debate in the literature on the political economy of development centers on the relationship between regime type and economic development. This debate has been heavily influenced by the East Asian development model, where authoritarianism has often gone hand in hand with high growth rates. In South Korea, Taiwan, Singapore, Malaysia, and Indonesia, development has been propelled by authoritarian or semidemocratic regimes. One key element of this argument is that the repression of labor under these authoritarian regimes has been especially helpful in states' pursuit of high growth rates because it has ensured political stability and checked societal demands.


Author(s):  
Kevin Jefferys

Kevin Jefferys addresses the long-standing question of whether ‘Must Labour Lose?’ This has been an intriguing political question ever since it was first posed in 1960 by Mark Abrams and Richard Rose. Examining the post-war record of the Labour Party, alongside that of the Conservative Party, Kevin Jefferys questions the inevitability of Labour’s decline through a detailed examination of the political results since 1945. Instead of Labour’s inevitable decline he suggests that there is a pattern of the Labour Party success and defeats that are conditioned by the economic circumstances, the performance of the Conservative party, and the leadership of the Labour Party. In the end, he argues that Labour may not always lose but that, given the gap between the opinion about the leadership in the party and the electorate in the country, it may be some time before Labour regains power.


2018 ◽  
Vol 17 (1) ◽  
pp. 69-83 ◽  
Author(s):  
Senka Božić-Vrbančić ◽  
Renata Kokanović ◽  
Jelena Kupsjak

This article explores ‘the politics of sentimentality’ with specific reference to the documentary film Sick, which represents the narrative of a young lesbian woman, Ana, who was confined in a psychiatric hospital in Croatia and ‘treated’ for her homosexuality. We consider the ways our most intimate emotional relationships and states, such as pain and suffering, articulate with a wider context of familial citizenship and critically examine the political limits of compassion within the sentimentalised public sphere. In this analysis, we problematise the film’s emotional logic, which presents an individualised narrative resolution at the expense of dwelling on the political question of institutional violence. We examine the role that politics of sentimentality plays in neutralising the film’s political critique of the state apparatuses (psychiatry and family) that enforce heterosexual norms.


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