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Courts are often thought of as protectors of minority rights. What happens when the composition of courts changes such that politically disadvantaged groups expect a less favorable reception? This Element examines whether the increasing conservatism of the US Supreme Court during Donald Trump's presidency changed the behavior of litigants and amicus curiae. The authors test whether membership changes led to reduced filings by individuals and organizations representing marginalized groups and increased filings by businesses and conservative states and interest groups. The authors find substantial reductions in participation by the most politically disadvantaged and substantial increases in participation by the most conservative groups.
Through the outline of a coherent theoretical foundation for understanding East Asian international relations, this textbook offers a fresh, analytical approach, including applications of evolutionary theory that differ from and contextualize the prevailing theories currently offered for studies of East Asia. It provides an extensive coverage of ancient world order and European imperialism preceding contemporary themes of security, economic development, money and finance, regionalism, the US-China rivalry, and democracy versus autocracy. Demonstrating systemically how facts and theories are constructed, and how these are bound by evolutionary constraints, students gain a realistic view of knowledge production and the mindset and tools to participate actively in determining which facts and theories are more acceptable than alternatives. Feature boxes, discussion questions, exercises, and recommended readings are incorporated into each chapter to encourage active learning. A vital new resource for advanced undergraduate and graduate students in political science, international relations, and Asian studies.
Human rights are granted to all humans based on their humanity. The justification for human rights is that every individual is born free and equal in possession of a rational mind. The CRC does not define the begining of childhood, only its end at the age of 18. The monist construction of the child-rights identity is unique because, depending on national legal regulations around abortion, it is possible to apply it from the moment of conception and does not require being live-born.
Making the child-rights identity detached from its social context and the possibility of self-identification serves to protect the child from traditional and social harmful practices directed toward children. At the same time, the monist identity of the child becomes placed out of reach of democratic deliberations and self-determination. The intersectionality of race and gender becomes two socially constructed concepts that cannot be addressed within the child-rights identity, which both serves to protect the child from discrimination but also risks making child rights detached from addressing crucial structural inequalities based on race and gender.
Childhood is a critical period in terms of growth and development regarding cognition, language, social, emotional, and physical competence. This takes place within the context of different and varying social environments, which can impact on children’s learning and understandings of the worlds in which they live and how they fit into them. Childhood is a critical period in terms of addressing issues of discrimination and inequality that exist in society — discrimination that children and their families from minority cultures, and from other points of difference, can encounter, including in educational contexts. However, it is also a critical time in which to address the discrimination that children perpetuate in their daily interactions with others. Research shows that children are aware of and participate in, for example, racial, gendered, classed and (dis)ablist based discriminatory practices early, perpetuating the power relations that exist in the broader society around difference. However, much of this practice can go unnoticed or rationalised by adults through discourses of childhood, child development, and childhood innocence.
Since 2014, the #BlackLivesMatter movement has worked to initiate police reforms designed to increase accountability and reduce the extrajudicial killing of Black and brown people. However, policy designs are typically congruent—meaning the allocation of benefits and burdens is generally aligned with how the target group is perceived by society. How could the movement motivate policy noncongruent action that would likely burden police—a group privileged by their position within a congruent, punitive, and racialized criminal justice policy culture? An examination of the innovation and diffusion of 12 noncongruent police reforms from 2014 to 2020 suggests the movement’s demands (1) reoriented the political and social contexts that fueled past diffusion processes, (2) activated key institutional actors—Black lawmakers—who served as entrepreneurs in state institutions, and (3) reactivated innovative states to serve as “leaders” in a new wave of noncongruent reform. This analysis provides a useful framework to understand how marginalized communities and their allies can exact real policy change in a political environment known for its unresponsiveness to the demands of marginalized groups.
Edited by
Cecilia McCallum, Universidade Federal da Bahia, Brazil,Silvia Posocco, Birkbeck College, University of London,Martin Fotta, Institute of Ethnology, Czech Academy of Sciences
This chapter introduces approaches to materiality and biology within anthropological scholarship on sex and gender. It emphasizes how biological subfield of eco-evo-devo (which emerged in dialogue with feminist studies) can contribute to anthropological debates. The authors focus on hormones, signaling molecules that regulate many physiological processes in humans, animals, and plants. Hormones are a particularly productive site for considering how anthropologists interested in sex, gender, and bodies might benefit from additional attention to biological processes and biological knowledges, as they challenge prevailing concepts and categorical oppositions of self/world, nature/culture, and mind/matter. The authors first sketch out a history of the relationship between anthropology and biology and, within that history, how feminists have confronted biologism. They then introduce eco-evo-devo and explore how its insights about hormones and development can serve as a prompt to rethink the body within anthropology. Last, they review examples of social scientific engagement with hormones, arguing that a deeper engagement with the materiality of hormones rather than only with their popular representation can help anthropologists continue their ongoing efforts to reframe the social and apprehend gender and sexuality as entangled within complex ecologies of industrial capitalism.
Every year, over 1,000 public schools are permanently closed across the United States. And yet, little is known about their impacts on American democracy. Closed for Democracy is the first book to systematically study the political causes and democratic consequences of mass public school closures in the United States. The book investigates the declining presence of public schools in large cities and their impacts on the Americans most directly affected – poor Black citizens. It documents how these mass school closure policies target minority communities, making them feel excluded from the public goods afforded to equal citizens. In response, targeted communities become superlative participators to make their voices heard. Nevertheless, the high costs and low responsiveness associated with the policy process undermines their faith in the power of political participation. Ultimately, the book reveals that when schools shut down, so too does Black citizens' access to, and belief in, American democracy.
The peer review process of publication has limitations, which are discussed. The influence of the pharmaceutical industry can be beneficial and harmful, both of which are examined.
Truthmaking is the metaphysical exploration of the idea that what is true depends upon what exists. Truthmaker theorists argue about what the truthmaking relation involves, which truths require truthmakers, and what those truthmakers are. This Element covers the dominant views on these core issues in truthmaking. It also explores some key metaphysical topics and debates that are usefully approached by employing the tools of truthmaker theory: the debate between presentists and eternalists over the existence of entities from the past, and the debate between actualists and possibilists over merely possible states of affairs. In the final section, the Element explores how to think about truthmakers for truths involving social constructions.
The Introduction outlines the main premise of the book: the mass closure of public schools has serious consequences for American democracy. It begins with one mother’s – Ms. Leanne Woods’ – fight to save Steel Elementary School in Philadelphia. Using the example of Steel elementary, it argues that citizens learn about politics through the institutions they interact with the most, and that for many Americans, schools are those institutions. Accordingly, when schools close en masse, these blunt policy instruments play a significant role in shaping citizens’ – specifically African Americans and Latinx – relationship with government, politics, and political participation. And yet, despite the direct consequences of these policies on the lives of these Americans, the connection between educational policy experiences and democracy remain understudied in political science. In the impending chapters, Closed for Democracy takes on this investigation and demonstrates how affected citizens come to win policy battles to save schools but lose their faith in government.
Extreme weather events and catastrophic disasters have led to the widespread damage and destruction of homes and communities, and have produced large levels of involuntary displacement. Globally, the numbers of displaced persons are expected to grow due to the frequency and intensity of extreme weather events, increased population exposure, and vulnerability to natural hazards. Several sociolegal complexities and dilemmas arise in addressing the needs of displaced populations and disaster survivors for which policy, governance, and legal solutions are not clearly defined. In this chapter, we draw on theories of social constructionism and contend that social constructions of displaced populations can affect the adoption, design, and implementation of laws and policies that apply to disaster survivors and displaced populations. Specifically, we examine how the perceptions, framing, and characterization of target groups of displaced populations such as school-aged children, homeless and highly mobile families, and long-time residents who have precarious forms of immigration status, can influence governance issues that may arise during post-disaster recovery both within affected and host communities. The findings suggest that despite formal expectations of equal legal treatment, positive and negative social constructions of target populations can lead to benefits and losses for those affected and displaced by disaster.
This chapter concludes by addressing how this book’s analysis reconsiders sovereign power in IR and speculates on a structural model of responsibility that takes hybrid sovereignty seriously.
This chapter introduces the main argument of this book that global sovereign power is constituted by public/private hybridity in Lived Sovereignty, while sovereign authority is recognized as indivisibly public in Idealized Sovereignty. Public/private hybridity takes on different characteristics of contractual, institutional, and shadow forms based on the formalization and publicization of relations. In relation to hybrid sovereignty, the lived realities of different types of public/private hybridity are in tension with the idealized imperatives of determining what is public versus private.
This chapter theorizes that sovereignty is the interplay of two contrasting modalities. In Idealized Sovereignty, sovereign authority is represented exclusively in “the state” per the doctrine of indivisibility developed by early modern theorists and reified in IR theory. In Lived Sovereignty, achieving sovereign competence involves divisible practices of state and nonstate actors in a variety of social relations. We would do a disservice to sovereignty’s complexity if only one of the two modes persevered in analyses of sovereignty. Instead, the chapter intervenes in major IR debates to argue that sovereignty should be hybridized. This overarching framework guides the ideal-types of public/private hybridity developed in the next chapter and the empirical analyses in the remainder of this book, where hybrid sovereignty is necessary to build a global empire, go to war, regulate global markets, and protect rights.
This chapter develops the analytical dynamics of public/private hybridity in Lived Sovereignty. It first situates public/private hybridity in the global governance literature and then introduces three ideal-types. Contractual hybridity features formal and publicized performances where sovereign power is negotiated in public/private contractual exchanges. Institutional hybridity features informal and partly publicized performances where sovereign power is negotiated through public/private institutional linkages. Shadow hybridity features nonformalized and nonpublicized performances where sovereign power is negotiated in public/private shadowy bargains. Finally, the chapter presents a Weberian-inspired research design to show off the three ideal-types in the empirics that follow.
The idea of 'hybrid sovereignty' describes overlapping relations between public and private actors in important areas of global power, such as contractors fighting international wars, corporations regulating global markets, or governments collaborating with nongovernmental entities to influence foreign elections. This innovative study shows that these connections – sometimes hidden and often poorly understood – underpin the global order, in which power flows without regard to public and private boundaries. Drawing on extensive original archival research, Swati Srivastava reveals the little-known stories of how this hybrid power operated at some of the most important turning points in world history: spreading the British empire, founding the United States, establishing free trade, realizing transnational human rights, and conducting twenty-first century wars. In order to sustain meaningful dialogues about the future of global power and political authority, it is crucial that we begin to understand how hybrid sovereignty emerged and continues to shape international relations.
Moral equality—the idea that ‘we’ all have equal moral worth, our interests ought to count for the same, and we possess the same bundle of basic rights—is one of the most central principles of liberal thought, being regularly drawn on as a presupposition of moral and political inquiry. Perhaps because it is so often relied on as a presupposition, however, moral equality is more often assumed than argued for. When moral equality is argued for, the most common tactic is to appeal to some inherent property. As is well established, however, such property-based defenses of moral equality face two significant challenges: the problem of exclusion and the problem of inequality. In light of these challenges, in this article I put forward a new, revisionist account of moral equality. Taking inspiration from recent work in the social metaphysics of human kinds, I argue that moral equality ought to be seen as a component of a status that we confer on one another, rather than (grounded in) a property inherent in certain individuals. Conceiving of moral equality this way, I argue, side-steps both the problem of exclusion and the problem of natural equality.
The English East India Company's “company-state” lasted 274 years—longer than most states. This research note uses new archival evidence to study the Company as a catalyst in the development of modern state sovereignty. Drawing on the records of 16,740 managerial and shareholder meetings between 1678 and 1795, I find that as the Company grew through wars, its claim to sovereign authority shifted from a privilege delegated by Crown and Parliament to a self-possessed right. This “sovereign awakening” sparked a reckoning within the English state, which had thus far tolerated ambiguity in Company sovereignty based on the early modern shared international understanding of divisible, nonhierarchical layered sovereignty. But self-possessed nonstate sovereignty claimed from the core of the state became too much. State actors responded by anchoring sovereign authority along more hierarchical, indivisible foundations espoused by theorists centuries earlier. The new research makes two contributions. First, it introduces the conceptual dynamic of “war awakens sovereigns” (beyond making states) by entangling entities in peacemaking to defend sovereign claims. Second, it extends arguments about the European switch from layered sovereignty to hierarchical statist forms by situating the Company's sovereign evolution in this transformation. Ultimately, this study enables fuller historicization of both nonstate authority and the social construction of sovereignty in international politics.
A patchwork of policies exists across the United States. While citizens’ policy preferences in domains such as the criminal legal system, gun regulations/rights, immigration, and welfare are informed by their political predispositions, they are also shaped by the extent to which policy targets are viewed as deserving. This article centres the idea that collective evaluations matter in policymaking, and it ascertains whether subnational levels of deservingness evaluations of several target groups differ across space to illuminate the link between these judgements and state policy design. We leverage original survey data and multilevel regression and poststratification to create state-level estimates of deservingness evaluations. The analyses elucidate the heterogeneity in state-level deservingness evaluations of several politically relevant groups, and they pinpoint a link between these social reputations and policy design. The article also delivers a useful methodological tool and measures for scholars of state policy design to employ in future research.