In a great many societies, gift exchange and mutual aid are essential ingredients in cementing so... more In a great many societies, gift exchange and mutual aid are essential ingredients in cementing social networks, and anthropologists and sociologists therefore frequently focus on the phenomenon. In fact, this journal recently contained an excellent ethnography by Yan Yunxiang that analysed rural Chinese social networks and gift-giving in the Deng era. Based on research in a north China village, Yan suggests that village residents, in his own words, 'are morally as well as economically bound into exchange networks which reproduce themselves through an endless round of gift-giving'.1 In particular, village social relations are said to be imbued with ganqing (sometimes translated as affectivity) or renqing [sentiment].2 In contrast, Yan declares,
ABSTRACT Over the last two decades, international actors have sought to diffuse repertoires of co... more ABSTRACT Over the last two decades, international actors have sought to diffuse repertoires of contentious practices, including rights-based litigation, to China. Multilateral organizations, foundations, and international non-governmental organizations (INGOs) have used funding and training programs conducted in China and at law schools abroad in order to raise the capacity of Chinese attorneys, NGOs, judges, and legal officials to improve rule of law and protection of human rights. In particular, international actors have worked with Chinese NGOs and state officials to found legal aid centers that provide information and advocacy to protect the rights of pollution victims and AIDS carriers. Legal aid centers, attorneys, and their financial backers seek to bring forward ‘impact litigation’ cases in the courts to establish model decisions for other plaintiffs, attorneys, and judges to follow. To date, environmental groups have enjoyed more success gaining access to the courts and in receiving favorable court judgments than have AIDS groups. In many cases involving AIDS victims, attorneys and legal aid centers seek compensation through alternative dispute resolution methods rather than litigation, which do not establish a legal precedent. This paper explores the reasons for the divergent outcomes of efforts to protect the rights of pollution victims and AIDS carriers in the courts. Primarily, the institutional particularities and contexts of the Ministry of Environmental Protection and the Ministry of Public Health have allowed international legal norms related to the environment to take deeper root than those related to AIDS.
Page 1. www.apsanet.org 379 POLITICAL THEORY Democratic Theorizing from the Margins. By Marla Bre... more Page 1. www.apsanet.org 379 POLITICAL THEORY Democratic Theorizing from the Margins. By Marla Brettschneider. Philadelphia: Temple University Press, 2002. 288p. $39.50. — Brooke A. Ackerly, Vanderbilt University This ...
ABSTRACT This compelling book analyzes the rise of civil society and legal contentiousness in con... more ABSTRACT This compelling book analyzes the rise of civil society and legal contentiousness in contemporary China. Scott Wilson examines how Chinese AIDS carriers and pollution victims, relying on weak laws and judicial institutions, pursue justice and protection of their rights in Chinese courts and civil society. In exploring the “politics of justice” in China, the author contends that civil society and legal rights advance when their organizers have support from pockets of the Chinese Communist Party, resources from international groups, and the backing of protesters. Even lawsuits that fail in the courts can raise societal consciousness of social issues and can lead to revised state policies to address the substantive claims of disadvantaged citizens. Underlying the politics of justice is the regime’s attempt to balance commitments to legal development and its interest in regime stability. Wilson argues that the Chinese state has looked more favorably upon pollution victims’ civil-society organizations and lawsuits than those of AIDS carriers. Going beyond the standard overviews of China’s legal system, Tigers without Teeth is unique in its close comparison of legal activism on two sensitive and politically relevant social issues. It provides important insights into the development of civil society, as well as highlighting limitations to the pursuit of justice as the system balances between the development of rule of law and regime stability.
In a great many societies, gift exchange and mutual aid are essential ingredients in cementing so... more In a great many societies, gift exchange and mutual aid are essential ingredients in cementing social networks, and anthropologists and sociologists therefore frequently focus on the phenomenon. In fact, this journal recently contained an excellent ethnography by Yan Yunxiang that analysed rural Chinese social networks and gift-giving in the Deng era. Based on research in a north China village, Yan suggests that village residents, in his own words, 'are morally as well as economically bound into exchange networks which reproduce themselves through an endless round of gift-giving'.1 In particular, village social relations are said to be imbued with ganqing (sometimes translated as affectivity) or renqing [sentiment].2 In contrast, Yan declares,
In a great many societies, gift exchange and mutual aid are essential ingredients in cementing so... more In a great many societies, gift exchange and mutual aid are essential ingredients in cementing social networks, and anthropologists and sociologists therefore frequently focus on the phenomenon. In fact, this journal recently contained an excellent ethnography by Yan Yunxiang that analysed rural Chinese social networks and gift-giving in the Deng era. Based on research in a north China village, Yan suggests that village residents, in his own words, 'are morally as well as economically bound into exchange networks which reproduce themselves through an endless round of gift-giving'.1 In particular, village social relations are said to be imbued with ganqing (sometimes translated as affectivity) or renqing [sentiment].2 In contrast, Yan declares,
ABSTRACT Over the last two decades, international actors have sought to diffuse repertoires of co... more ABSTRACT Over the last two decades, international actors have sought to diffuse repertoires of contentious practices, including rights-based litigation, to China. Multilateral organizations, foundations, and international non-governmental organizations (INGOs) have used funding and training programs conducted in China and at law schools abroad in order to raise the capacity of Chinese attorneys, NGOs, judges, and legal officials to improve rule of law and protection of human rights. In particular, international actors have worked with Chinese NGOs and state officials to found legal aid centers that provide information and advocacy to protect the rights of pollution victims and AIDS carriers. Legal aid centers, attorneys, and their financial backers seek to bring forward ‘impact litigation’ cases in the courts to establish model decisions for other plaintiffs, attorneys, and judges to follow. To date, environmental groups have enjoyed more success gaining access to the courts and in receiving favorable court judgments than have AIDS groups. In many cases involving AIDS victims, attorneys and legal aid centers seek compensation through alternative dispute resolution methods rather than litigation, which do not establish a legal precedent. This paper explores the reasons for the divergent outcomes of efforts to protect the rights of pollution victims and AIDS carriers in the courts. Primarily, the institutional particularities and contexts of the Ministry of Environmental Protection and the Ministry of Public Health have allowed international legal norms related to the environment to take deeper root than those related to AIDS.
Page 1. www.apsanet.org 379 POLITICAL THEORY Democratic Theorizing from the Margins. By Marla Bre... more Page 1. www.apsanet.org 379 POLITICAL THEORY Democratic Theorizing from the Margins. By Marla Brettschneider. Philadelphia: Temple University Press, 2002. 288p. $39.50. — Brooke A. Ackerly, Vanderbilt University This ...
ABSTRACT This compelling book analyzes the rise of civil society and legal contentiousness in con... more ABSTRACT This compelling book analyzes the rise of civil society and legal contentiousness in contemporary China. Scott Wilson examines how Chinese AIDS carriers and pollution victims, relying on weak laws and judicial institutions, pursue justice and protection of their rights in Chinese courts and civil society. In exploring the “politics of justice” in China, the author contends that civil society and legal rights advance when their organizers have support from pockets of the Chinese Communist Party, resources from international groups, and the backing of protesters. Even lawsuits that fail in the courts can raise societal consciousness of social issues and can lead to revised state policies to address the substantive claims of disadvantaged citizens. Underlying the politics of justice is the regime’s attempt to balance commitments to legal development and its interest in regime stability. Wilson argues that the Chinese state has looked more favorably upon pollution victims’ civil-society organizations and lawsuits than those of AIDS carriers. Going beyond the standard overviews of China’s legal system, Tigers without Teeth is unique in its close comparison of legal activism on two sensitive and politically relevant social issues. It provides important insights into the development of civil society, as well as highlighting limitations to the pursuit of justice as the system balances between the development of rule of law and regime stability.
In a great many societies, gift exchange and mutual aid are essential ingredients in cementing so... more In a great many societies, gift exchange and mutual aid are essential ingredients in cementing social networks, and anthropologists and sociologists therefore frequently focus on the phenomenon. In fact, this journal recently contained an excellent ethnography by Yan Yunxiang that analysed rural Chinese social networks and gift-giving in the Deng era. Based on research in a north China village, Yan suggests that village residents, in his own words, 'are morally as well as economically bound into exchange networks which reproduce themselves through an endless round of gift-giving'.1 In particular, village social relations are said to be imbued with ganqing (sometimes translated as affectivity) or renqing [sentiment].2 In contrast, Yan declares,
Uploads
Papers by Scott Wilson