Administrative Law in East Asia: A Comparative-Historical Analysis

2019 ◽  
Author(s):  
John Karl Murat Ohnesorge
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.


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Christopher Mark Joll

Abstract This article explores how scholarship can be put to work by specialists penning evidence-based policies seeking peaceful resolutions to long-standing, complex, and so-far intractable conflict in the Malay-Muslim dominated provinces of South Thailand. I contend that more is required than mere empirical data, and that the existing analysis of this conflict often lacks theoretical ballast and overlooks the wider historical context in which Bangkok pursued policies impacting its ethnolinguistically, and ethnoreligiously diverse citizens. I demonstrate the utility of both interacting with what social theorists have written about what “religion” and language do—and do not—have in common, and the relative importance of both in sub-national conflicts, and comparative historical analysis. The case studies that this article critically introduces compare chapters of ethnolinguistic and ethnoreligious chauvinism against a range of minorities, including Malay-Muslim citizens concentrated in the southern provinces of Pattani, Yala, and Narathiwat. These include Buddhist ethnolinguistic minorities in Thailand’s Northeast, and Catholic communities during the second world war widely referred to as the high tide of Thai ethno-nationalism. I argue that these revealing aspects of the southern Malay experience need to be contextualized—even de-exceptionalized.


2020 ◽  
Vol 34 (4) ◽  
pp. 535-545
Author(s):  
Mark Beeson

AbstractOne of the more striking, surprising, and optimism-inducing features of the contemporary international system has been the decline of interstate war. The key question for students of international relations and comparative politics is how this happy state of affairs came about. In short, was this a universal phenomenon or did some regions play a more important and pioneering role in bringing about peaceful change? As part of the roundtable “International Institutions and Peaceful Change,” this essay suggests that Western Europe generally and the European Union in particular played pivotal roles in transforming the international system and the behavior of policymakers. This helped to create the material and ideational conditions in which other parts of the world could replicate this experience, making war less likely and peaceful change more feasible. This argument is developed by comparing the experiences of the EU and the Association of Southeast Asian Nations and their respective institutional offshoots. The essay uses this comparative historical analysis to assess both regions’ capacity to cope with new security challenges, particularly the declining confidence in institutionalized cooperation.


2015 ◽  
Vol 67 (3) ◽  
pp. 506-562 ◽  
Author(s):  
Prerna Singh

The quality of life that a person leads depends critically on where it is led. Even taking into account levels of economic development, the chances of an individual surviving through infancy, growing up literate, or living a healthy, long life vary dramatically across regions of the world, in different countries, and within the same country. What are the causes of such variation in wellbeing? This article points to a factor that has been virtually ignored in the vast scholarship on social welfare and development—the solidarity that emerges from a sense of shared identity. The argument marks an important departure from the traditional emphasis on the role of class and electoral politics, as well as from the dominant view of the negative implications of identity for welfare. Combining statistical analyses of all Indian states and a comparative historical analysis of two Indian provinces, Kerala and Uttar Pradesh, this article demonstrates how the strength of attachment to the subnational political community—subnationalism—can drive a progressive social policy and improve developmental outcomes.


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