bluuebunny/crossref_metadata_2025 huggingface dataset:
Possibilities and Pitfalls in the Domestic Enforcement of Social Rights: Contemplating the South African Experience
Authors: Pieterse Marius
Published: January 2007

This article contemplates the constitutionalization and concomitant judicial enforcement of social rights as an avenue through which such rights may be realized domestically. Through engaging with the South African example, the article challenges perceptions that social rights are by nature ill-suited for domestic application, while illustrating that the pervasiveness of such perceptions continues to hinder the effectiveness of domestic application. It is shown that the development of a dynamic and coherent domestic jurisprudence on social rights that resonates with international standards and translates into tangible rights enjoyment, depends on judicial willingness to depart from outmoded approaches to rights-adjudication.
Universal Human Rights: The Contribution of Muslim States
Authors: Waltz Susan Eileen
Published: January 2007

It is often supposed that international human rights standards were negotiated without active participation by Middle Eastern and Muslim states. That was not the case. United Nations records document the contributions of Arab and Muslim diplomats from 1946-1966. Diplomats from the Islamic world did not always agree with each other, but their various contributions resulted in the assertion of a right to self-determination, the most comprehensive statement of universality, culturally sensitive language about religious beliefs, and a separate article promoting gender equality. Initially they proposed robust mechanisms for implementation, and they actively opposed the isolation of socioeconomic rights into a separate covenant. Not all of their efforts were successful, and not all of their positions were liberal. While their role as participants and promoters of human rights should not be exaggerated, neither should it be discounted.
Private Use of Prisoners' Labor: Paradoxes of International Human Rights Law
Authors: Fenwick Colin F
Published: January 2007

Globalization is generally thought to be harmful for human rights, as the state retreats in favor of international organizations or private actors. Analysis of human rights law regulating the use of prisoners' labor offers an interesting insight into the impact of globalization on human rights, particularly where the private operation of prisons is concerned. Prisoners held in privately run facilities are better protected by international human rights law than those in publicly-run prisons, at least in their capacity as workers. The applicable law, however, offers only tenuous protection: there are doctrinal inconsistencies, and the law presumes that state power exists to exact forced labor.
The Future of War Crimes Prosecutions in the Former Yugoslavia: Accountability or Junk Justice?
Authors: Zoglin Katie
Published: January 2007

As a result of pressure from the UN Security Council, the Chief Prosecutor for the International Criminal Tribunal for the Former Yugoslavia (ICTY) announced a completion strategy: the ICTY is to finish investigations by 2004, trials by 2008, and appeals by 2010. The remaining war crimes cases will be turned over to the former Yugoslavia for domestic prosecutions. Insufficient attention is being paid to the impact of the ICTY's pledge to return cases to the former Yugoslavia. While this concept sounds good and appeals to international donors, an examination of the situation casts doubt on its wisdom. This article summarizes the status of the domestic criminal justice systems and war crimes prosecutions in the former Yugoslavia and concludes that domestic legal systems are currently unable to handle even routine criminal matters, much less war crimes prosecutions. While it is preferable for domestic systems to handle their own war crimes prosecutions, the author argues that it makes little sense to return such prosecutions to the former Yugoslavia at this time because those systems do not currently have the capacity or political will to support them.
Forging A Global Culture of Human Rights: Origins and Prospects of the International Bill of Rights
Authors: Kabasakal Arat Zehra F
Published: January 2007

Although the concept of human rights has advanced since the adoption of the Universal Declaration of Human Rights by the United Nations, the universal applicability of its content has been challenged. Employing historicism, this article treats the Universal Declaration and the subsequent international human rights treaties as social constructs that are not theoretically grounded and argues that human rights instruments serve as critics of all prevailing cultures and attempt to curb the traditional notions and practices that tend to undermine human dignity. The second major argument of the article holds that the Universal Declaration ushered in a new international culture that has been evolving. This cosmopolitan subculture struggles against the dominant communitarian ones and the principle of state sovereignty, both of which are upheld by the powerful and the privileged. The disadvantaged segments' ability to use the human rights instruments and the strength of the international human rights culture depend on accepting human rights as historical constructions and appreciation of human rights instruments as more than legal documents, but as means of cultural transformation.
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Public Interest Litigation in Central and Eastern Europe: Roots, Prospects, and Challenges
Authors: Goldston James
Published: January 2007

Though it has a relatively brief history in Central and Eastern Europe, public interest litigation (PIL) has contributed significantly to the consolidation of the rule of law. PIL faces numerous obstacles in the post-Communist region, including inadequate legal aid; a limited pro bono publico tradition; and rules of procedure and judicial practice that are unreceptive to joint claims, proof of systemic problems, and equitable remedies. This article reviews the development of PIL, surveys the challenges, and offers concrete recommendations for donors and others concerned to foster sustainable and effective PIL in the future.
Mental Disabilities and the Human Right to the Highest Attainable Standard of Health
Authors: Hunt Paul , Mesquita Judith
Published: January 2007

In the majority of countries, the right to health of persons with mental disabilities has been grossly neglected. Necessary healthcare and support services are frequently unavailable or inaccessible, while human rights abuses are often pervasive within services where they do exist. This article explores the right to health as it relates to persons with mental disabilities. It develops an analytical framework for the right to health, derived from General Comment 14 on the right to health of the United Nations Committee on Economic, Social and Cultural Rights; and it applies this framework in the context of mental disabilities. Despite progress in developing appropriate services, additional policy and legislative initiatives are a prerequisite for the realization of the right to health for persons with mental disabilities. A human rights approach, including participation, autonomy, dignity, inclusion, monitoring, and accountability, should guide all relevant actions.
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Reproductive Choice: Screening Policy and Acess to the Means of Reproduction
Authors: Vandervort Lucinda
Published: January 2007

The practice of screening potential users of reproductive services is of profound social and political significance. Access screening lacks a defensible rationale, is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection for reproductive rights. In Canada, for example, equal access can, and should be, guaranteed by federal regulations imposing strict conditions on the licenses of fertility clinics.
High School Physical Education Teacher Perceptions of Block Scheduling
Authors: Rikard G. Linda , Banville Dominique
Published: January 2007

In recent years, the blocked class schedule has replaced the shorter traditional schedule in high schools throughout the United States. In order to study this change, these researchers examined physical education teacher perceptions of their experience teaching on a block schedule compared to the traditional schedule. The views of fifteen physical education teachers from eight high schools located in a southeastern school district in the United States were obtained from individual interviews at their school sites. Teachers reported several changes in their AB class formats including the daily class emphasis on fitness, the use of several class transitions during their 90-95 minute lessons, and the use of a limited variety of teaching strategies in blocked classes. Consistent with previous research findings, teacher perceptions indicated their reduced stress levels, a decline in student absenteeism and tardiness, and reduced student behavior problems after changing to block scheduling from a traditional format. Sixty six percent of teachers perceived that students learned more in blocked versus traditional classes but they had no documented evidence of that conclusion.
Understanding the Significance of Context: A Framework to Examine Equity and Reform in Secondary Mathematics
Authors: Rousseau Celia K , Powell Angiline
Published: January 2007

Abstract The purpose of this article is to outline a framework that can be used to examine issues of equity and mathematics reform. Adapted from an opportunity-to-learn framework proposed by Tate (2004), this model includes factors related to time, quality, and design. This framework is applied to the cases of two secondary mathematics teachers to illustrate how these factors can operate to shape teachers' implementation of reform. The differences between the two cases point to the significance of teaching context with respect to reform. The framework has equity implications insofar as the time and quality factors that constrain change appear to be more likely to impact students of color and students in high-poverty schools, thus denying them access to mathematics reform.
What's Next for New Orleans?
Authors: Tillotson Dirk
Published: January 2007

The author, who lived and worked as a charter school consultant in post-Katrina New Orleans for 6 months, describes the evolution of charter schools as the predominant means of education and the challenges that chartering faces as a reform, raising issues of access and equity as central concerns. The article concludes by offering some solutions to the immense obstacles to developing an equitable and high achieving system of schools in the wake of Katrina.
Rebuilding Inequity: The Re-emergence of the School-to-Prison Pipeline in New Orleans
Authors: Tuzzolo Ellen , Hewitt Damon T
Published: January 2007

After a state take-over of most local schools, the fate of public education in New Orleans has been clouded by uncertainty. However, many problems are already clear. The community has expressed outrage on numerous occasions about the management, conditions, policies, and practices of the RSD schools. One fundamental concern has been about the lack of basic resources essential for success in any educational environment let alone one formed after the worst natural disaster in American history. These resources include: textbooks; desks for students; a sufficient number of experienced and well-trained teachers; to the failure to deliver services to children with special learning needs; counseling services to help children cope with trauma and grief extra-curricular activities; and hot lunches for children, many of whom continue to live in or near poverty. Another prominent concern is that many RSD schools exhibit what students have referred to as a prison-like atmosphere while their discipline policies penalize and remove students instead of providing support them and facilitating positive growth. Prior to Katrina, harsh discipline policies and school arrests forced many children out of New Orleans schools, putting them at-risk or directly involved in the juvenile justice system. While this phenomenon pre-dated Katrina, it is now being replicated in the new "network" of schools operated by local and state officials and various charter groups. The confluence of these factors â lack of resources and the failure to provide quality education, combined with overly harsh and punitive discipline policies that criminalize and exclude youth from traditional education settings â has created what many now call the School-to-Prison Pipeline. It is this issue that juvenile justice and education advocates alike believe to be at the forefront of the fight for children's rights in post-Katrina New Orleans.
Performing the "Oriental": Professionals and the Asian Model Minority Myth
Authors: Ho Pensri
Published: January 2007

This article examines how young Chinese American and Korean American
professionals perform the role of the Asian model minority in an attempt
to navigate through the privileged realm established by successful
transpacific Asian professionals of the 1980s to early 1990s. Ironically,
respondents' cultural production and forced embodiment of their imagined
selves as the Asian model minority facilitates their marginalization as
the Asian "Other" while problematizing the Asian model minority myth.
Two Ways of Articulating Heterogeneity in Korean American Narratives of Ethnic Identity
Authors: Kang M. Agnes , Lo Adrienne
Published: January 2007

This article explores the role of language in constructing relational identities among 1.5- and second-generation Korean Americans. Using the methodology of discourse analysis, we reveal two ways of articulating social divisions within the Korean American community among 1.5- and second-generation Korean Americans in Los Angeles. We analyze how their narratives present different ideologies about identity as: 1) an attribute determined by factors not under an individual's control or 2) an observable accomplishment, capable of being easily modified by individual choice. We analyze the discursive features of these two discourses, which we call the discourse of dispositions and thediscourse of agency, and we discuss the implications of this research for theories of race and ethnicity.
An American Folk Opera? Triangulating Folkness, Blackness, and Americaness in Gershwin and Heyward's Porgy and Bess
Authors: Allen Ray
Published: January 2007

The conscious choice of an "American Folk Opera" as the subtitle for George Gershwin and DuBose Heyward's 1935 opera Porgy and Bess reveals much about the interplay of tradition, race, and national identity during the Great Depression. Although the opera's authentic "folkness" was brought into serious question by such period critics as Virgil Thomson and Hall Johnson, Porgy and Bess did generate a critical debate that propelled the triangulation of folkness, blackness, and Americaness into the national consciousness at a crucial moment when the country was struggling to define who its folk were and how folk heritage(s) could form the foundation of a common American identity.
Diaspora by Degree: Narrative and Performance in Interviews of Expatriates from Wanganui, New Zealand
Authors: MacAulay Suzanne P. (Suzanne Pollock)
Published: January 2007

Recent critiques of globalization call for diligent folkloristic attention. This study considers the experience of immigration and transnationalism as it is expressed in personal experience narratives of expatriates living in Wanganui, New Zealand. In addition to narrative interpretation, it applies performance analysis to verbal soliloquies, entangled discourses, and kinetic moments. Acknowledging the corporeal and sensate properties of the interview helps to "humanize" and ground abstract theories of globalization. The unpredictability of human interactions can also turn interviews into sites of "deep" contradiction replicating on an intimate scale some of the behavioral and social incongruities inscribed within transnational spaces all over the world.
The Expanding World of Jacob Norton: Reading, Revivalism, and the Construction of a "Second Great Awakening" in New England, 1787-1804
Authors: Cayton Mary Kupiec
Published: January 2007

In 1787, Jacob Norton became pastor of a somewhat moribund Congregational parish in Weymouth, Massachusetts. Like other parishes of the region in the postrevolutionary era, it lacked for new members. By 1804, Norton and his parishioners found themselves awash in revival activity that produced an abundance of new members. This essay uses Norton's situation in Weymouth during these years, as well as his reading diaries, to examine how the print revolution of the 1790s in New England related to the shift in sensibility scholars have come to call "the Second Great Awakening." I argue that the expansion of the world of print that Norton and those like him experienced had a direct impact on their willingness to see local events as part of a much larger spiritual and political movement. The wide dissemination of new types of printed materials, especially regionally published periodicals, created a shared sensibility among New England evangelicals led to the construction of a shared "social imaginary." Norton and his Weymouth parish provide a case study in the role print played in the initial reconstruction of the ideological world of the earliest cohort of Congregational evangelicals, whose efforts within a generation gave rise to the Benevolent Empire.
The Disenfranchisement of Philosophical Aesthetics
Authors: Forsey Jane
Published: January 2007

Beginning with the current discontent felt by prominent aesthetic theorists over the marginalization of their field within philosophy, this paper seeks to find an explanation for the discipline's apparent neglect. A meta-aesthetic examination of approaches to the study of art and of concurrent historical trends in the art world itself reveals that a methodological emphasis on the ontology of art objects and the conditions for their perception has created a gulf between art and human life that renders it unimportant to central philosophical concerns. The disenfranchisement of the field, I argue, is thus due to factors internal to the discipline itself.
Amos Funkenstein on the Theological Origins of Historicism
Authors: Moyn Samuel
Published: January 2007

This paper is a study of the account offered by Amos Funkenstein (1937-1995) of the origins of modern historical thought. It investigates the German origins of his project, offers an overview of the developments he found in historical thinking from the Hebrew Bible to the twentieth century, compares his project to existing tendencies in scholarship, and offers a critical analysis of its uses and limits. The main thesis of the paper is that Funkenstein's chief originality lay in his argument that the origins of historical methods cannot be studied apart from revolutions in Western historical consciousness more generally.
Carl Schmitt's Political Theory of Representation
Authors: Kelly Duncan
Published: January 2007

This paper suggests that by illustrating the importance of the concept of representation to his thought, the better known theories of the state and the constitution to be found in Schmitt's work are more easily comprehensible. Furthermore, the paper argues that Schmitt's thoughts on these subjects develop from an early and "personalist" account of representation, towards a more mainstream constitutional theory, through an interpretation of the writings of the AbbÃ© Sieyes in particular.
From Ideal to Ambiguity: Johannes von Muller, Clausewitz, and the People in Arms
Authors: Paret Peter
Published: January 2007

In the debate at the end of the Enlightenment over the place of armed forces and war in society, Johannes [von] Müller's Histories of the Swiss attracted attention as a work of historical interpretation and as a political statement. Müller's idealization of the free "people in arms" is contrasted with Clausewitz's argument that ideals and self-interest contrary to the ideals may be expressed simultaneously by individuals and societies, both qualities made historically effective by people's innate willingness to use violence. Müller's and Clausewitz's positions are paradigmatic of views that continue to influence historical interpretations and political expectations to this day.
Locke's Natural Philosophy in Draft A of the Essay
Authors: Walmsley Jonathan
Published: January 2007

Locke wrote Draft A of the Essay while collaborating with physician Thomas Sydenham. Sydenham held that we are ignorant of nature's internal workings, cannot decide which natural philosophical theories are true and should therefore rely only upon experience. Draft A repeated Sydenham's views — we cannot understand nature's modus operandi and must rely on experience for our knowledge of the world. Equally, we must be agnostic about natural philosophical theories, mechanism included. Locke was not a mechanist in Draft A. Consequently, Locke's account of substance, first articulated in this Draft and repeated in the Essay, was completely independent of the mechanical philosophy.
Christianity and Democracy: The Global Picture
Authors: Berger Peter L.
Published: January 2007

Abstract: It is no accident that democracy first arose within the ambit of Western or Latin Christianity. Looking at Christianity and democracy around the world today, one sees that the Roman Catholic Church has shed its stance of opposition, or at best grudging accommodation, to democracy and in fact become a defender of human rights and government by consent. Protestants affirm democracy as well, and the world of Orthodoxy, while ambivalent, is leaning in a direction that essentially accepts democracy. In their attitudes toward politics and the public sphere at least, all faiths that embrace democracy also tend to undergo a certain âProtestantization.â
The Imperative of State-Building
Authors: Fukuyama Francis
Published: January 2007

State-building—the creation of new governmental institutions and the strengthening of existing ones—is a crucial global issue. Weak or failed states are at the root of many of the world's most serious problems, from poverty and AIDS, to drug trafficking and terrorism, to the failure of democracies. While we know much about state-building, there is much that we do not know, particularly about transferring strong institutions to developing countries. We know how to transfer resources, people, and technology, but well-functioning public institutions require habits of mind and operate in complex ways that resist being moved. This is an area on which much more thought, attention, and research must be focused.
Russian Democracy in Eclipse: The Next Generation
Authors: Diuk Nadia
Published: January 2007

Abstract: The article profiles the next generation of young Russians, aged 18-35 and concludes that they are materially the best-off group of Russian ever. It explores their voting preferences and questions why they support President Putin in such large numbers. Their values and how far they have moved from Soviet ideals toward a Western mentality are described, as are the prospects for the new leaders from this generation. Even though they constitute the backbone of Russiaâs rising middle-class, Putin's support of economic reform and the need to court the middle class electorate make it unlikely that political challenges to his leadership will come from this group for the foreseeable future.
World Religions and Democracy: Hinduism and Self-Rule
Authors: Mehta Pratap Bhanu
Published: January 2007

Abstract: This article explores the complicated relationship between Hinduism and Democracy. It argues that modern Hinduism proved receptive to democratic ideals because democracy provided one plausible solution to the riddle of authority that beset Hinduism in the course of attempts to reform it. The article describes the ways in which Hindu nationalism poses a threat to democracy, and the resources Hindus can draw upon to resist this threat.
Russian Democracy in Eclipse: The Liberal Debacle
Authors: Ryzhkov Vladimir
Published: January 2007

Abstract: The author analyses the defeat of two Russian democratic parties on 2003 parliamentary elections. If the Russian people turned away from political freedom, then the democracy in Russia is in danger. If it is about the defeat of individual politicians, then one can take a deep breath and start getting ready for the new election cycle. Finding the answer to this question the author states that the movement to freedom in Russia is going to be continued very soon after a short soft-authoritarian breathing space. This statement is well reasoned and based on the social researches and a deep understanding of the Russian electorsâ psychology.
Russian Democracy in Eclipse: Force, Money, and Pluralism
Authors: Sestanovich Stephen
Published: January 2007

Abstract: Vladimir Putin has pursued an anti-pluralist strategy, remaking the balance of power in Russian politics to favor âforceâ (the coercive apparatus of the old state bureaucracy, especially the KGB) over âmoneyâ (those who gained new wealth after 1991, especially the âoligarchsâ). Will this new balance endure? Business has many reasons â and increasing resources â for pursuing a larger political role. The future of Russian pluralism depends above all on the response of business interests to changing economic and political circumstances. Will they doubt their legitimacy and seek a protector â or ally with others to alter Putinâs bureaucratic order?
The Quality of Democracy: An Overview
Authors: Diamond Larry , Morlino Leonardo
Published: January 2007

Abstract: As democracy has spread to a majority of the world’s states over the past three decades, many scholars, politicians, activists, and aid administrators have gone from asking why transitions happen to asking what the new regimes are like. This new approach focuses on what makes a democracy “good” or “better,” and on how improvements can not only be measured, but encouraged. While there is no absolutely objective way of laying out a single framework for gauging democratic quality, there are eight dimensions on which democracies vary in quality: freedom, the rule of law, vertical accountability, responsiveness, equality, participation, competition, and horizontal accountability. These dimensions are closely linked and tend to move together, either toward democratic improvement and deepening or toward decay.
Debate: Arab, Not Muslim, Exceptionalism
Authors: Stepan Alfred , Robertson Graeme B.
Published: January 2007

Abstract: The non-Arab Muslim world has exhibited a much higher degree of electoral competition than the Arab Muslim world, both over time and in the contemporary period. 396 million Muslims, about half of the world’s Muslim population who live in Non-Arab League Muslim majority states, live in states with competitive elections. By contrast, none of the 270 million Muslims in Arab League member states live under electorally competitive regimes. Arab League member states have increasingly become a distinctive political community within the Muslim world, while non-Arab Muslim majority states are a far more diverse group. As such they are more open to a range of political communities, and consequently to international election observers and other initiatives promoting democracy.
The Quality of Democracy: A Skeptical Afterword
Authors: Plattner Marc F.
Published: January 2007

Abstract: Noble and sensible motives have led political scientists to begin to focus on the quality of democracy, but this area of study raises questions that lead to the deepest regions of political philosophy and are not easily resolvable within the boundaries of empirical political science. Studies of the quality of democracy face two principal complications: First, modern democracy has a composite nature, and its liberal and majoritarian aspects are frequently in conflict with each other. Second, democracy is a form of government , and maximizing democracy may be in tension with effective governance. On the practical level, there is a danger that assessments of the quality of democracy may be distorted by the political biases of the assessors.
Building Democracy After Conflict: “Stateness” First
Authors: Fukuyama Francis
Published: January 2007

Abstract: Rebuilding political orders after conflict faces two conundrums. The first is that externally-provided governance can undermine the long-term ability of societies to develop their own self-sustaining indigenous political institutions. This was a problem faced by both the Coalition Provisional Authority in Iraq and the High Representative in Bosnia. The second conundrum is the often contradictory dictates of state-building and democracy promotion: the first seeks to build power, the second to limit it. There is ultimately no optimal way of solving either problem, though recent experience suggests that small-footprint approaches emphasizing local ownership and early transition to local control will work best.
Building Democracy After Conflict: Bullets, Ballots, and Poppies in Afghanistan
Authors: Goodson Larry
Published: January 2007

Abstract: Mid-course policy adjustments along with building momentum produced progress on key nation-building pillars in Afghanistan by late 2004. A wider role for U.S. and international forces, the growing size of the Afghan security forces, and the diminution of the warlords have combined to gradually increase security. Initially slow reconstruction has picked up the pace, but serious questions remain about the structure of international assistance delivery in post-conflict situation. State-building has seen the most progress, as the graduated transition envisioned by the Bonn Accords continues to achieve important individual targets, such as the January 2004 constitution and October 2004 presidential elections. Important challenges loom for 2005, most notably the persistent anti-Western insurgency, continuing presence of warlords and their militias, booming opium economy, and complex parliamentary elections.
Building Democracy After Conflict: The “Helsinki Moment” in Southeastern Europe
Authors: Knaus Gerald , Cox Marcus
Published: January 2007

Abstract: After the accession of ten new member states in 2004, the European Union seeks to expand its sphere of stability and prosperity toward the southeast, from Croatia all the way to Turkey. While democratic consolidation and economic development is already underway in Bulgaria, Romania, and Turkey, other countries of the region appear to be falling behind. Although the European Union has declared that all these countries share “a common European destination,” the various strategies being pursued to bring them to that destination differ profoundly. Three models may be discerned: traditional capacity-building; authoritarian state-building (in the two European protectorates of Bosnia-Herzegovina and Kosovo); and member-state building (in the official EU candidate countries of Romania, Bulgaria, Croatia, and Turkey).
Building Democracy After Conflict: Introduction
Authors: Plattner Marc F.
Published: January 2007

Abstract: Three leading areas of democratic studies today are 1) the quality of democracy, 2) the “gray zone,” (regimes that combine features of authoritarianism and democracy in previously unfamiliar ways), and 3) post-conflict democracy-building. The latter deals with failed or war-torn states that would seem to be the least promising candidates for democratization. Why, then, has state-building or political reconstruction in these cases come to be identified with democracy-building? The most important reason is the unrivaled legitimacy that democracy today enjoys as a form of governance. Those international organizations and countries that have taken the lead in responding to postconflict situations cannot easily evade their public commitment to democracy.
Challenge and Change in East Asia: Constitutionalism on Trial in South Korea
Authors: Chaihark Hahm , Kim Sung Ho
Published: January 2007

Abstract: During the early years of South Koreaâs transition to democracy, expanding popular rule and deepening individual rights went hand-in-hand. But with Roh Moo Hyunâs narrow election to the presidency on 19 December 2002, the democratic transition that South Korea began in 1987 entered a profoundly new era. The presidency has exposed rifts between majority rule and constitutionalism that the countryâs judiciary is struggling to bridge.
Challenge and Change in East Asia: âBusiness Populismâ in Thailand
Authors: Phongpaichit Pasuk , Baker Chris
Published: January 2007

Abstract: Thailandâs politics have changed dramatically under Thaksin Shinawatra and his Thai Rak Thai (TRT) party since 2001. The business-based party has gradually come to resemble the âneo-populistâ regimes of Latin America. It appeals to the âdisorganizedâ mass in the rural economy and urban informal sector by launching redistributive policies, distancing itself from old leaders, and simultaneously undermining democratic institutions and liberal values. The partyâs stance is a reflection of Thailandâs political economy under globalization marked by externally dominated economy, embattled local capitalism, and large informal sector.
The Debacle in Cote d'Ivoire
Authors: Chirot Daniel
Published: January 2007

Though the period after independence was prosperous in Côte d'Ivoire, economic stagnation started in the 1980s and has continued. Growing population pressure, increased by heaving immigration from its northern neighbors produced severe competition for ever-scarcer land and jobs. Southern political elites then disenfranchised northerners. This explains why military rebels were able to keep control of the north after a failed coup attempt in 2002. Unless the material causes of the intensifying ethnic and regional hostilities are properly addressed, the civil war cannot be settled democratically.
Exchange: Getting Costa Rica Right
Authors: EcheverrÃ­a Miguel Angel RodrÃ­guez
Published: January 2007

Abstract: Costa Ricaâs recent political travails are due not to collusion between the two major parties but to the increasing difficulty of reaching and implementing interparty agreements.
Sandor/Sarolta Vay: From Passing Woman to Sexual Invert
Authors: Mak Geertje
Published: January 2007

In 1899, Sarolta Vay was accused of allegedly defrauding her
father-in-law, marrying under false pretenses, and deceiving her wife and
in-laws about her sex. This case soon came to be seen in the psychiatry
profession as prototypical of female homosexuality. More recently,
this eager use of her case as the ideal example of mannish lesbianism
has been interpreted as an attack on the late-nineteenth-century women's
movement. This article details the transitions that took place when this
lawsuit was transformed into a psychiatric case of sexual inversion and
focuses on the consequences of Vay's case for the im/possibilities of
women to embody masculinity. Based on the discovery of the published
medical forensic report, it shows how a transgressing, secretly acting
subject was converted into a pathologized sexual object. It also
illustrates how the earlier, simple connection between sexual acts and
organs transformed into extensively described, inseparable, intertwined
identities.
Female Crime and State Punishment in Early Modern Japan
Authors: Wright Diana E
Published: January 2007

One official response to the societal change Japan experienced during the Edo period (1603-1868) was the championing of patriarchal values through laws restricting both female sexuality and autonomy. Despite this, when the punishments received by convicted women are compared to those prescribed by law, it becomes evident that while the appearance of Tokugawa law was that of a harsh, female-suppressing legal code, actual punishments were mitigated and relatively gender-blind. That women convicted of crimes increasingly appear in government records from the late eighteenth century onward was not due simply to an ideological bias against women, but was in fact a reflection of the State's growing inability to control society in general. Women were more frequently convicted of anti-social behavior during the latter part of the Edo period because criminal activity, however defined, was a significant segment of women's "wide field of action." Economic considerations rather than ideological agendas were primary forces behind authorities' efforts to define and restrict women's sphere.
Maternal Societies in France: Private Charity Before the Welfare State
Authors: Adams Christine
Published: January 2007

Although some historians have argued that women's charitable organizations did more to shape family welfare policies in decentralized states than "strong states," the influence of the Society for Maternal Charity in late-eighteenth- and early-nineteenth-century France suggests that scholars must reassess this weak state/strong state dichotomy. Maternal societies played a key role in shaping the language and policies of maternalism and provided a future model for the provision of family social welfare services in France. These female-run charitable organizations offered power and prestige to the women staffing them and a voice in national debates concerning the social claims of poor mothers and their children.
Social Work's Revised Maternalism: Mothers, Workers, and Welfare in Early Cold War America, 1946-1963
Authors: Curran Laura
Published: January 2007

Through a review of professional publications, this article discusses U.S. social workers' increasing acceptance of maternal employment in the early cold war years from 1946 to 1963. American social work's shifting stance on women's employment constituted a response to both liberalizing gender relations and the backlash against the Aid to Dependent Children program. The mid-twentieth century was an important, though contested, period for the profession's maternalist philosophy, as social workers continued to prioritize maternal identities, but increasingly acknowledged women's autonomy. Influenced by popular psychotherapeutic rhetoric and by liberal feminism, American social work's revised maternalism was multifaceted, yet it generally excluded the socio-structural and state building impulses of its progressive era predecessor and failed to take into account racial and socioeconomic differences among women.
"Ye Gave Them a Stone": African American Women's Clubs, the Frederick Douglass Home, and the Black Mammy Monument
Authors: Johnson Joan Marie
Published: January 2007

In the early twentieth century, the institutionalization of disfranchisement and segregation and the surging popularity of the Lost Cause, a movement to honor the Confederacy, led African Americans who recognized the power of public image to attempt to take control over their public representations. This article examines the ways in which African American clubwomen rejected the message of African American contentment in slavery and continued inferiority implicit in a proposed monument to honor the Black Mammy in Washington DC, and, through the purchase and restoration of the former home of Frederick Douglass, negotiated an alternative public identity for African Americans that focused on African American history, heroism, and respectability. African American women wanted to turn attention away from their service in white homes to their lives in their own homes as wives, homemakers, and mothers. Clubwomen's attention to public representation was an important foundation for their social welfare work.
A Queer and Contested Medium: The Emergence of Representational Politics in the "Golden Age" of Lesbian Paperbacks, 1955-1963
Authors: Meeker Martin
Published: January 2007

With the publication of the first paperback originals and the founding of the first lesbian civil rights organization in the first half of the 1950s, the lesbian politics of representation emerged as a distinct and articulate political discourse. Ann Aldrich, probably the most widely-read lesbian non-fiction writer of the 1950s, and members of the Daughters of Bilitis, the most visible lesbian organization of the era, engaged in a lively debate that spanned nearly ten years, from 1955 until at least 1963. Emerging from the exchange, which often was quite contentious, were new ideas about how lesbianism should be portrayed to the mainstream American public. But, as this article proposes, from the debates also grew a shared understanding of the complex relationship of media representation to the social processes of identity acquisition and community formation, what is called in this article the politics of communication.
History and the Border
Authors: Barlow Tani E
Published: January 2007

The article seeks to supplant the idea of the "border" with that of "historical catachresis." The metaphor of the border intimates that space is a given, and that our job as historians is to step beyond prior marked places and reveal the existence of previously undisclosed or better ones. This concept of the border, proposed and discussed at the Berkshire Conference under the title "Sin Fronteras: Women's Histories, Global Conversations" in June 2005, places conceptual limits on thinking. This is most obvious in the case of ambiguous historical entities like colonialism, gender, or specific sign-systems. The concept of the historical catachresis, on the other hand, opens ways to read everyday evidence for experiences of incremental economic change, or commercial revolution, or new categories of sexuality, to name a few. Using the optic of the historical catachresis, and reading anachronistic images like a beautiful Bu'nei'men fertilizer woman image or the Nakayama Taiyodo colonial cosmetics company "girl," historians can enter into a contemporaneous moment. The article finally clarifies why older work on Chinese semicolonialism has been primarily reactive. It suggests that reading banal, ephemeral evidence for the emergence of new singularities or radically unprecedented experiences has the capacity to recast our conventional historians' questions of context, subjectivity, experience, and representation.
Contested Hegemony: The Great War and the Afro-Asian Assault on the Civilizing Mission Ideology
Authors: Adas Michael
Published: January 2007

Perhaps the most fundamental and enduring effects of the worldwide crisis of the European
colonial order brought on by the Great War of 1914-1918 resulted from the challenges
it provoked on the part of Asian and African novelists, poets, philosophers, and
emerging political leaders. Four years of indecisive, mechanized slaughter on the Western
Front gave rise to spirited and widely publicized critiques of the civilizing mission
ideology that had long been invoked to justify European dominance. Since at least the
early nineteenth century, the credibility of the civilizing mission credo for European
colonizers as well as subject peoples depended increasingly on its emphasis on the
unprecedented superiority that Europeans had attained in science and technology over
all other peoples and cultures. Some Indian and African, and indeed also European,
intellectuals had challenged these gauges of European racial and historical preeminence
in the decades before 1914. But the appalling uses to which European discoveries
and inventions were put in the First World War raised profound doubts among
intellectuals across four continents about the progressive nature of industrial civilization
and its potential as the model for all of humanity to emulate. The highly contentious
exchanges that these questions gave rise to in the postwar decades soon coalesced
into arguably the first genuinely worldwide discourse and proved a critical prelude to
the struggles for decolonization that followed.
Indigenous Encounters with Christian Missionaries in China and West Africa, 1800-1920: A Comparative Study
Authors: Lindenfeld David F
Published: January 2007

This article seeks to develop a vocabulary and conceptual framework for the discussion of cross-cultural religious encounters. The ubiquity of Christian missionaries in diverse parts of the world provides a basis for such an enterprise. For China, four patterns are postulated: selective inculturation, resistance, conversion, and selective acculturation toWestern secular knowledge with the aid of mission schools. ForWest Africa, the patterns are less distinct. There was less resistance and greater openness to Christianity, reflecting a different relationship between the sacred and the secular than in China. The article concludes by finding the theories of Jack Goody (on literacy) and Carl Jung (on introversion and extroversion) to be heuristically valuable.
Chinese Researchers Promote Biomedical Regulations: What Are the Motives of the Biopolitical Dawn in China and Where Are They Heading?
Authors: Doring Ole
Published: January 2007

In the past five years, China has experienced increased efforts to
regulate activities in biomedical research and practice. Background is
provided on some of the key developments in Chinese bioethics especially
in relation to genetics, stem cells, cloning, and reproductive
medicine. This background sets the stage for a document entitled
"Ethical Guidelines for Human Embryo Stem Cell Research," proposed
by the Bioethics Committee of the Southern China National Human Gene
Research Center, Shanghai, which is reprinted in this volume of the
Kennedy Institute of Ethics Journal.
Creating a Stem Cell Donor: A Case Study in Reproductive Genetics
Authors: Kahn Jeffrey P , Mastroianni Anna C
Published: January 2007

During the nearly 10 years since its introduction, preimplantation
genetic diagnosis (PGD) has been used predominantly to avoid giving birth
to a child with identified genetic disease. Recently, PGD was used by a
couple not only to test IVF-created embryos for genetic disease, but also
to test for a nondisease trait related to immune compatibility with a
child in the family in need of an hematopoetic stem cell transplant. This
article describes the case, raises some ethical and policy issues,
highlights gaps in U.S. policy, and finally makes some recommendations
for addressing advancing genetic and reproductive technologies.
Social Contract Theory and Just Decision Making: Lessons from Genetic Testing for the BRCA Mutations
Authors: Williams-Jones Bryn , Burgess Michael M
Published: January 2007

Decisions about funding health services are crucial to controlling costs in health care insurance plans, yet they encounter serious challenges from intellectual property protection—e.g., patents—of health care services. Using Myriad Genetics' commercial genetic susceptibility test for hereditary breast cancer (BRCA testing) in the context of the Canadian health insurance system as a case study, this paper applies concepts from social contract theory to help develop more just and rational approaches to health care decision making. Specifically, Daniels's and Sabin's "accountability for reasonableness" is compared to broader notions of public consultation, demonstrating that expert assessments in specific decisions must be transparent and accountable and supplemented by public consultation.
Valuing Risk: The Ethical Review of Clinical Trial Safety
Authors: Kimmelman Jonathan
Published: January 2007

Despite its mandate on minimizing harms in clinical trials, the Common Rule provides little guidance as to how IRBs should evaluate risk. The Common Rule and derivative commentaries tend to conceptualize risk review as an expert-based endeavor aimed at an objective and universal evaluation of possible harm; they also have tended to locate risk in the research activity itself rather than in the context of the research. These views of risk conflict with scholarship showing that risk evaluations are socially determined even among experts, that the context of harms can influence how persons evaluate risks, and that forums that approach risk assessment as a technical endeavor bracket from discussion the numerous values that ground risk judgments. Possible reforms are proposed for clinical trial risk review that would render it more inclusive of the different types of risks encountered and more attuned to the priorities of trial subjects.