scholarly journals The Political Logic of Anti-corruption campaign in Xi Jingping Era: Focusing on Market, Rule of Law, and Governance

중소연구 ◽  
2015 ◽  
Vol 39 (1) ◽  
pp. 17-48
Author(s):  
이희옥
Author(s):  
Jens Meierhenrich

What for many years was seen as an oxymoron—the notion of an authoritarian rule of law—no longer is. Instead, the phenomenon has become a cutting edge concern in law-and-society research. In this concluding chapter, I situate Fraenkel’s theory of dictatorship in this emerging research program. In the first section, I turn the notion of an authoritarian rule of law into a social science concept. In the second section, I relate this concept to that of the dual state and both to the political science literature on so-called hybrid regimes. Drawing on this synthesis, the third section makes the concept of the dual state usable for comparative-historical analysis. Through a series of empirical vignettes, I demonstrate the contemporary relevance of Fraenkel’s institutional analysis of the Nazi state. I show why it is essential reading for anyone trying to understand the legal origins of dictatorship, then and now.


Author(s):  
Mark Neocleous

AbstractThis article unearths the political logic of the police kettle. Rather than add to the mundane debate about civil liberties or models of policing, this article argues that the kettle reveals nothing less than the police war at the heart of modernity. This is a police war carried out as a logic of containment against the enemy within—within the kettle and within society. The kettle is a microcosm of the police war of containment.


1974 ◽  
Vol 64 ◽  
pp. 62-78 ◽  
Author(s):  
A. W. Lintott

The battle of Bovillae on 18th January, 52 B.C., which led to Clodius' death, was literally treated by Cicero in a letter to Atticus as the beginning of a new era—he dated the letter by it, although over a year had elapsed. It is difficult to exaggerate the relief it afforded him from fear and humiliation for a few precious years before civil war put him once more in jeopardy. At one stroke Cicero lost his chief inimicus and the Republic lost a hostis and pestis. Moreover, the turmoil led to a political realignment for which Cicero had been striving for the last ten years—a reconciliation between the boni and Pompey, as a result of which Pompey was commissioned to put the state to rights. Cicero's behaviour in this context, especially his return to the centre of the political scene, is, one would have thought, of capital importance to the biographer of Cicero. Yet two recent English biographies have but briefly touched on the topic. It is true that, in the background of Cicero's personal drama, Caesar and Pompey were taking up positions which, as events turned out, would lead to the collapse of the Republic. However, Cicero and Milo were not to know this, nor were their opponents; friendly cooperation between the two super-politicians apparently was continuing. Politicians on all sides were still aiming to secure power and honour through the traditional Republican magistracies, and in this pursuit were prepared to use the odd mixture of violence, bribery and insistence on the strict letter of the constitution, which was becoming a popular recipe. In retrospect their obsession with the customary organs of power has a certain irony. Yet it is a testimony to the political atmosphere then. Their manoeuvres are also important because both the instability caused by the violence of Clodius and Milo, and the eventual confidence in the rule of law established under Pompey's protection, helped to determine the political position of the boni associated with Pompey in 49 B.C. Cicero's relationship with Milo is at first sight one of the more puzzling aspects of his career. What had they in common, except that Milo, like most late Republican politicians, was at one time associated with Pompey? Properly interpreted, however, this relationship may not only illuminate Cicero's own attitudes but illustrate the character of the last years of Republican politics.


Author(s):  
RANDRINRIJAONA MAEVA

The exclusion of women is at the heart of the modern political order, despite the gradual recognition of formal equality between men and women in the exercise of political rights. The evolution of the political culture has nevertheless allowed the gradual access of women to power. Yet in the case of Madagascar, gender consideration is not limited to the integration of women in power, but several challenges lie ahead for the country in terms of women's rights. Women parliamentarians through their roles can advocate for women's rights. But the question is how these women parliamentarians advocate for women’s development rights do?Women's development requires respect for their rights, and women parliamentarians, when designing and passing laws, have the opportunity to fight for women's rights, which generally boil down to the right to health, safety and work. The aim is therefore to highlight the capacity of women parliamentarians to establish a rule of law that allows women to develop. Women's participation in the proposals and discussions of laws can play an equal part in promoting women's rights and women's development.


1999 ◽  
Vol 33 (2) ◽  
pp. 216-258 ◽  
Author(s):  
Ruth Gavison

A discussion of the role of courts in Israel today demands some introductory remarks. The Supreme Court and the President of the Supreme Court enjoy great acclaim and respect within Israel and abroad, but have recently come under attack from a variety of sources. These attacks are often confused, and many of them are clearly motivated by narrow partisan interests and an inherent objection to the rule of law and judicial review. But these motives do not necessarily weaken the dangers which the attacks pose to the legitimacy of the courts in general, and the Supreme Court in particular, in Israel's public life. The fact that in some sectors extremely harsh criticism of the court is seen to be an electoral boost, testifies to the serious and dangerous nature of the threat. This situation creates a dilemma for those who want a strong and independent judiciary, believing it is essential for freedom and democracy, but who also believe that, during the last two decades, the courts have transgressed limits they should respect. The dilemma becomes especially acute when the political echo sounds out in one's criticism, and when one is part of the group that believes that the legal and the judicial systems have made some contribution to the prevalence of these hyperbolic and dangerous attacks, as I am.


2010 ◽  
Vol 25 (64) ◽  
Author(s):  
Mikkel Birk Jespersen

Mikkel Birk Jespersen: "Utopiens grænser i Den amerikanske revolution - Om utopiske tekststrategier i Common Sense og Letters from an American Farmer"AbstractMikkel Birk Jespersen: “Boundaries of Utopia in the American Revolution: On Utopian Text Strategies in Common Sense and Letters from an American Farmer”The article discusses the relations between utopia, literature and revolution in the American Revolution through an analysis of Tom Paine’s Common Sense (1776) and J. Hector St. John de Crèvecoeur’s Letters from an American Farmer (1782). It is arguedthat utopia constitutes a textual function whose ‘non-place’ or ‘point zero’ is not reducible to a political logic, but rather presents a challenge to it. In the revolution, however, the different logics of utopia and of the political can be said to confront each other, hereby illuminating the contradictions of both. The constellation of the two texts brings out the contradictory nature of utopia, as the texts have opposed approaches to the revolution and are characterised by two different utopian logics.


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