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This chapter examines four common immediate causes of wrongful convictions as confirmed by recent data from registries. They are mistaken eyewitness identification, incentivized and lying witnesses, false confessions and faulty forensics. Commonly used remedies designed to prevent these immediate causes are examined from a legal process perspective, which stresses the different remedies that can be implemented by courts, legislatures and through executive measures. The latter includes reforms that police and forensic science providers can take themselves to decrease the risk of causing wrongful convictions. The most effective strategies often involve all three branches of government. At the same time, many jurisdictions are reluctant to adopt optimal reform measures because of concerns about preventing the use of evidence that is frequently used to achieve convictions. For example, the use of jailhouse informants has not been banned despite their frequent role in wrongful convictions. This insight suggests that reforms to prevent wrongful conviction cannot ignore their perceived or likely impact on conviction rates.
In 1651 Thomas Hobbes’s Leviathan announced that the ‘question…by what door the Right, or Authority of Punishing…came in’ was one of ‘much importance’. In this he echoed Hugo Grotius who, while differing from Hobbes in the answer he provided, had written in 1625’s De Jure Belli ac Pacis [The Rights of War and Peace], that the ‘Origine and Nature’ of punishment had been ‘misunderstood…[giving] Occasion to Many Mistakes.’ This right to punish was seen by early modern political thinkers as needing justification. This was particularly true in the context of voluntarist models of legitimacy according to which individuals chose to become members of the political community and the right to enforce obedience wielded by the governors of these communities had its roots in the equal and natural rights of subjects themselves.
The Epilogue discusses how the narrative and arguments of the book can help us revisit the debates in Ottoman intellectual historiography over the concept of order (nizam), underlining how labor history and class perspectives can expand the scope of questions and offer new agendas for Ottoman and global histories of the modern era. It offers a conceptual discussion of reform, and highlights the distinctive characteristics of Ottoman Reform in the long nineteenth century, by focusing on its connections with modern capitalism. It emphasizes the capitalist characteristic of the order which the reformist elites struggled to institute throughout the nineteenth century. It underlines how focusing on a specific worksite, and, in particular, studying relations of production within an Ottoman military-industrial site, could help us to reveal these capitalist patterns and class dynamics in Ottoman reform processes. It points to the necessity of the dialogue between labor/social history and intellectual history to better understand how these capitalist practices shaped or were shaped by the mentalities and ideas of Ottoman state elites during this period.
The final chapter looks at how Sino-North Korean relations changed after the Cold War. Both sides continued to find the idea of Sino-North Korean friendship useful even as they went in very different political and cultural directions during the 1970s and 1980s.
How were England’s wetland margins imagined at a new scale, as a site of reform and profit at the heart of a thriving polity? This chapter traces the iterative rewriting of wetlands in histories, geographies, agricultural books, and pro-drainage pamphlets at the turn of the seventeenth century. Driven by desires to unify England and amplify national wealth, these improving authors reconceived the meanings and management of wetlands and common lands. Scholars have often identified this period as a hinge between long-standing beliefs that topography and climate shaped human bodies and societies and a new conviction that soil, water, and air could and should be altered through human intervention. This chapter suggests that environmental determinism and environmental reform were not antithetical impulses but instead two sides of the same coin. Improving authors interlaced older humoral theories with new ideas about political economy to articulate fen futures. In recasting wetlands as unruly, unhealthy, and unproductive, ambitious wetland projects became a ‘cure’ for the nation’s most pressing maladies, promising to produce productive land and industrious subjects.
Chapter 11 compares incentive bargaining of law-making in the three countries, focusing on corporate law and securities regulations. Section 11.1 describes major lawmakers and law-making procedures by categorizing corporate law and securities regulations into statutory law, case law, and soft law. The distinct characteristic of US corporate law is the existence of competition among states. In Japan, drafters of statutory corporate law and securities regulations are bureaucrats of the Ministry of Justice (MOJ), the Ministry of Economic, Trade, and Industries (METI), and the Financial Service Agency (FSA). In China, although the National People’s Congress (NPC) is the supreme legislative body, it delegates law-making at several levels to many agencies. Section 11.2 introduces several examples of incentive bargaining in law-making in the three countries. In the United States, legislative lobbying also took place at both the Federal and state levels. In Japan, the incentive bargaining on corporate law-making had taken place almost exclusively in the Committee of Legal Reform. Legislation of corporate law in China includes several steps of procedure and inter-agency incentive bargaining.
Moving between absolutist Prussia, urban bourgeois Leipzig, and late Hanoverian/early Victorian Britain, Felix Mendelssohn experienced and actively engaged with the (cultural) politics of pre-1848 Europe. His correspondence reveals him to have been distinctly inclined towards a reformist, liberal standpoint, yet increasingly sceptical of the political difference he or art could make. Despite remaining in Berlin, Fanny Hensel (as well as their younger sister Rebecka) appears to have greater radical sympathies – this in marked contrast to the conservative politics of her husband Wilhelm Hensel.
In accounts of institutional change, discursive institutionalists point to the role of economic and political ideas in upending institutional stability and providing the raw material for the establishment of a new institutional setup. This approach has typically entailed a conceptualisation of ideas as coherent and monolithic and actors as almost automatically following the precepts of the ideas they hold and support. Recent theorising stresses how ideas are in fact composite and heterogeneous, and actors pragmatic and strategic in how they employ ideas in political struggles. However, this change of focus has, until recently, not included how foundational ideas of a polity, often referred to as ‘public philosophies’, are theorised to impact on institution‐building. Drawing on French Pragmatic Sociology, and taking as a starting point recent efforts within discursive institutionalism to conceptualise the dynamic nature of public philosophies, this article seeks to foreground moral justification in accounts of ideational and institutional change. It suggests that public philosophies are reflexively used by actors in continual processes of normative justification that may produce significant policy shifts over time. The empirical relevance of the argument is demonstrated through an analysis of gradual ideational and institutional change in French labour market policy, specifically the development from the state‐guaranteed minimum income scheme of 1988 to the neoliberal make‐work‐pay logic of the 2009 scheme, Revenu de solidarité active. The analysis shows that public and moral justifications have underpinned and gradually shaped these radical changes.
This article discusses the problems and opportunities facing any ‘young’ political scientist working – or wishing to work – in Spanish universities. Starting with a brief description of the delayed development of political science in Spain, it then explains some of the problems facing those seeking jobs in research, before analysing the ongoing reforms of the university recruitment process and the consequences for political scientists. Although there remain many problems in Spanish university recruitment procedures, such as a tendency towards hiring internal candidates at the expense of ‘outsiders’, there are signs that reform is bringing about a slow improvement, and is gradually ensuring a greater degree of excellence.
This article intervenes in the debates on reforming EU democracy support by offering a “radical reformist” approach. It departs from the observation that literature lacks a sustained theorization of reform which more effectively considers contestation as the very condition of democracy. As such, in contrast to withdrawing democracy from its contested nature, this article presents a theoretical argument, as informed by Chantal Mouffe's take on radical democracy, through which the EU more democratically can engage with and support the plurality of different contestations of democracy. In particular, a closer engagement with the radical democratic embrace of the political will allow for better reflection on how EU democracy support already is or can become democratic, empowering and receptive to the way democracy is understood locally.
This paper examines a recent effort to reform the laws on outsourcing to nonprofit organizations in the Central Asian country of Kyrgyzstan. To do so, it first examines Kyrgyzstan’s pattern of outsourcing during the era of Soviet control of the country. It then examines early post-Soviet efforts to establish an effective system of outsourcing to nonprofits and the difficulties that these early efforts encountered. Finally, it looks in more detail at a major effort to reform this system undertaken during 2014 and 2015 and draws some significant lessons for the redesign of contracting and outsourcing provisions that are relevant not only for former Soviet countries but more generally as well.
During the nineteenth century, Ottoman sultans and bureaucrats engaged in a series of reforms that dramatically transformed the Ottoman state and society. But what did these reforms mean for the working classes in the Empire? In this study, Akın Sefer focuses on a single naval worksite, The Imperial Arsenal on the Golden Horn in Istanbul, to explore how reform processes were entangled with global capitalism. The Arsenal was a nexus where the global transformations of capitalism and Ottoman reform policies converged with the traditional and modern processes of labor coercion and migration. Drawing on an in-depth exploration of archival sources, Sefer traces the complicated relations between the working classes and the Ottoman state within this worksite and the neighbourhoods around it in Istanbul. Engaging with a wide array of scholarship in Ottoman and global history, this study brings new perspectives and questions on Ottoman modernity, highlighting the agency of working classes in both Ottoman and global history.
Saudi Arabia is undergoing a transformational shift, leveraging regulatory reforms to position its non-profit and impact sector as a driving force for national and regional development. This chapter explores how Vision 2030’s ambitious agenda has unlocked new opportunities for philanthropy, impact investing, and catalytic capital, enabling a once-traditional charitable landscape to evolve into a $2.7 billion economic powerhouse.
With the number of non-profit organizations surging from 4,000 to over 62,000 in just seven years, Saudi Arabia is pioneering a new model of impact-driven growth. The chapter delves into groundbreaking regulatory reforms, digital philanthropy, innovative financing models, and multi-sector partnerships. It highlights how Saudi Arabia’s rise as a regional leader in the impact space can set the stage for a more dynamic and globally connected non-profit ecosystem.
This chapter takes two issues – the affective energies of populist strategy, and the new problems of transacting politics in the first era of mass representative democracy, mass literacy, and mass media – as its starting point. One response attaches to the word ‘friend’, which circulates as a refrain through a vast archive of works by and about radical politics in the late nineteenth and early twentieth centuries. It is axiomatic to say that ‘the people’, despite its apparently universalist claims, is wielded as a language of inclusion and exclusion. But what is at stake when addressing a populace of ‘friends’ and using ‘friendship’ as a tool for mass rhetorical appeal? This chapter traces friendship as a populist form in radical political culture, where political identity emerges from available opportunities to assemble through a staging of sociable encounters; taking the Arbeter Fraint anarchist group as the case study allows this chapter to examine the embodied material contexts within which radical ideas emerged and through which they were put into circulation in the late nineteenth and early twentieth centuries.
Instead of ushering in an era of enduring peace and partnership, the end of the Cold War was followed by a decade of turmoil, with wars in the Persian Gulf, the Balkans, and Chechnya, political violence in Moscow, and controversy over the eastward expansion of NATO. The disappointments and turbulence stemmed in part from the personalities and political choices of top leaders, including the erratic and increasingly autocratic Boris Yeltsin, the skeptical and stingy responses of George H. W. Bush to the reform and collapse of the Soviet Union, and the way Bill Clinton unreservedly embraced Yeltsin while also antagonizing him by deciding to enlarge NATO and wage war against Serbia. As this chapter shows, though, American–Russian relations in the 1990s were also roiled by widely shared popular attitudes, including American triumphalist mythology about how the Cold War ended, unrealistic Russian expectations of massive US aid and respect despite Russian corruption, mismanagement, and weakness. The bright promise of the end of the Cold War was marred both by arrogant American unilateralism and by a Russian slide into depression and authoritarianism.
Chapter 9 makes the case for critical changes in chilling effects law and doctrine based on the new understanding advanced in this book. The author argues, among other things, that judges should no longer remain skeptical of privacy chilling effects; that chilling effects doctrine should no longer privilege legal and regulatory forms of chilling effects over others; and that standing doctrine and other areas of law should also be reformed to accommodate this new understanding of chilling effects.
One of the key functions of trade unions is to engage with employers or groups of employers to regulate terms and conditions of employment by collective bargaining. In the United Kingdom, the state historically played a key role in promoting and sustaining collective bargaining procedures on a sector-wide basis. There has since been a decentralization of collective bargaining activity to enterprise level, a process encouraged by the state, giving employers more control and flexibility over working conditions. This chapter examines the statutory procedures that were introduced in 1999 to support trade unions seeking to establish collective bargaining arrangements at enterprise level, and considers the statutory rights which exist to support collective bargaining, whether secured by voluntary or statutory means. Addressing specifically employer union-avoidance techniques, the analysis concludes by assessing the marginal impact of the law in practice, and considers proposals for reform.
This chapter explores the ways in which British imperial reforms were part of broader imperial rivalries and interconnections; the racial, gender, and political limits of Enlightenment reforms; the perceptions and bargaining that shaped reforms; and the relationship between reform and Revolution. It questions teleological approaches that cast British imperial reforms in the 1760s and 1770s as having led to Revolution in the thirteen colonies. In a global and Enlightenment context, British reformers did not pursue particularly radical reforms until the Intolerable Acts of 1774. These Acts were reactionary punishments intended to reform colonial thinking and behavior. They foreclosed the previously vital bargaining process between the imperial government and the colonists, and the colonists saw dire parallels with the monopolistic and tyrannical East India Company. The government’s attempt to use non-negotiable punishment to reform colonial thinking and behavior, rather than reforms to imperial tax and trade policies, most directly stimulated Revolution.
The Conclusion offers a brief recapitulation of the book’s main argument, highlighting its critical and reconstructive components. First, the criticism of the liberal reading that has come to dominate Hegelian scholarship is reiterated. The rational state envisioned in the Philosophy of Right, grounded in a dialectical synthesis of the particular and the universal dimensions of human freedom, is irreducible to the liberal state found today in most democratic nations. Second, the chapter insists on the need to move beyond Hegel’s own political and economic choices in order to bring out the true implications of his views. As argued throughout the book, only a fully democratic state, in which political and economic power are shared among all the citizens, can be deemed rational, in Hegelian terms. Finally, it is suggested that this alternative reading is not only more faithful to Hegel’s philosophical vision, but also more relevant for contemporary critical theory.
Chapter 24 concludes the book with several suggestions for how to improve tenure without vitiating or abandoning it. The chapter suggests, as potential lines of reform: reframing tenure as a labor protection, revising evaluation procedures, recruiting more diverse faculty, implementing teaching tenure, and avoiding punitive post-tenure review.