Asian Journal of Law and Society最新文献

{"title":"Environmental governance in Asia","authors":"M. Khan","doi":"10.1017/als.2021.11","DOIUrl":"https://doi.org/10.1017/als.2021.11","url":null,"abstract":"Participation],” in O. Niikura, S. Shinomiya, H. Fukurai, et al., eds., Civil Juries Could Change Japan, Tokyo: Nihon Hyōronsha, 158–62. Morino, Toshihiko (2020) “Minji baishin jitsugen he no atsuki omoi [Eagerness for the Realization of Civil Juries],” in O. Niikura, S. Shinomiya, H. Fukurai, et al., eds., Civil Juries Could Change Japan, Tokyo: Nihon Hyōronsha, 94–8. Sparrow, Bartholomew (2006) The Insular Cases and the Emergence of American Empire, Kansas: University of Kansas Press. Takita, Seiki (2020) “Chiteki zaisan soshō he no shimin sanka [Citizen Participation in Intellectual Property Litigation],” in O. Niikura, S. Shinomiya, H. Fukurai, et al., eds., Civil Juries Could Change Japan, Tokyo: Nihon Hyōronsha, 141–6. Wilson, Matthew, Hiroshi Fukurai, & Takashi Maruta (2015) Japan and Civil Jury Trials: The Convergence of Forces, Northampton, MA: Edward Elgar.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"191 - 194"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/als.2021.11","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42146413","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Population policy and contraceptive choice","authors":"Sayak Dutta, N. Saikia","doi":"10.1017/als.2021.14","DOIUrl":"https://doi.org/10.1017/als.2021.14","url":null,"abstract":"The book is a gust of fresh wind within the crowd of demographic literature. The authors successfully took a rather niche topic of contraceptive use and expanded the scope to incorporate an interdisciplinary approach by fusing the politics of family planning to the choice of contraceptives, at the level of a continent. The book comes at a crucial moment when, perhaps for the first time since 1965 Belgrade conference, the world is contemplating the necessity for population control.1 It is this style of historical narrative to gaze into the legacy of Asian family-planning programmes that makes this book such a captivating read. Contrary to the popular discourse, population numbers have not stopped being a challenge to the policy-makers. Even as the two giants, India and China, approach replacement level and much of the former USSR is experiencing a sustained negative growth, the world population continues to grow at an alarming rate.2 With improving standards of living and per-capita resource utilization in South and East Asian countries rising to match the Western standards, one would be terrified to anticipate the consequences of the ecological strain on the planet to be brought about by humankind.3 More worrying, however, is the spatial disparity in the projected growth rate. Even for all the globalized activities, our political order remains territorially entrenched, and differential population growth is already showing symptoms of the calamities that it is about to bring along. If the present trend continues, fracture zones between highand low-population countries are looking at a bleak future of refugee crises, cultural conflicts, and armed struggles.4 Being the poster child for planned fertility transition, discussions on population policy have traditionally been centred on Asian countries and, while those countries are by and large on the verge of approaching replacement level, much of Africa is staring down the barrel of an impending population explosion.5 Couple this with the fact that, from the development of the Bucharest conference to the cafeteria approach of the Cairo conference and beyond, international rationales of contraceptive choice are in a constant flux; the formulation of effective family-planning programmes in African countries would require all the past experiences it can get.6 A carefully organized understanding between a state’s activity and couples’ choice as undertaken in this work can provide significant insights into a nascent population programme. Right from the outset, with the opening phrase “Ever since antiquity till the recent times,” the authors make their intention clear to accord history a centre stage in their analysis. Indeed, the first section of the first chapter presents a nostalgic hindsight into","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"181 - 183"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/als.2021.14","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45171724","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Construction of Socio-Legal Dignity for Old Persons: Narrative Perspectives from Taiwan","authors":"A. Shee","doi":"10.1017/als.2020.41","DOIUrl":"https://doi.org/10.1017/als.2020.41","url":null,"abstract":"Abstract Contemporary laws have been responding to the challenges of ageing societies. Elder people have gradually become a special, if not disadvantaged, social group to be protected, cared for, and even censored by law in the name of protection. The UN has long discussed a Convention to protect the distinctive human rights of old persons while invoking the Convention on the Rights of Persons with Disabilities to protect the dignity of senior citizens. Under national laws, adult-guardianship, welfare, and medical laws are strengthened in the name of better elder care, yet forcing old people to give up the freedom and autonomy that they have enjoyed throughout adulthood. This paper thus argues for the socio-legal construction of “elderhood” to respond to the special needs of senior citizens to maintain individual dignity. By observing narrative accounts of elders in care, socio-legal images of Taiwan elderhood may be presented for analyses. A proposal is then made to suggest the socio-legal construction of the individual dignity of elder people.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"168 - 180"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/als.2020.41","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41442518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Religious Nationalism and Religious Freedom in Asia: Mapping Regional Trends in a Global Phenomenon","authors":"Jaclyn L. Neo, Brett G. Scharffs","doi":"10.1017/als.2020.53","DOIUrl":"https://doi.org/10.1017/als.2020.53","url":null,"abstract":"Abstract In recent times, religious nationalism has emerged as a major basis for identity and mobilization. In Asia, religious nationalism specifically challenges existing pluralist approaches to constitutional government, which have generally been seen as necessary to ensure peaceful coexistence. The increasing alignment of religious and national boundaries has the worrying capacity to neutralize the “cross-cutting cleavages” that could otherwise vitiate the centrifugal tendencies of pluralistic societies. In the context of pluralistic Asia, therefore, religious nationalism is fundamentally anchored in a rejection of ethnic, religious, cultural, and even legal plurality. This has serious consequences for the freedoms of religious groups, particularly minority groups and minorities within dominant religious groups. This article introduces the Special Issue studying not only the phenomenon of religious nationalism in Asia, but also its impact on the rights of religious groups and their religious freedoms, broadly conceived.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"1 - 18"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/als.2020.53","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49393218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Editorial of “Dignity in East Asian Law and Society”","authors":"S. Miyazawa","doi":"10.1017/als.2020.42","DOIUrl":"https://doi.org/10.1017/als.2020.42","url":null,"abstract":"Dignity embraces justice, rights, rule of law, respect for humanity and diversity as well as a commitment to human engagement, subjects that have been central in the law and society tradition. Dignity is a core idea in many different legal traditions and is shaped by a variety of struggles. It provides a bridge across cultures intersecting with diverse values and identities. Recognizing this central idea as our theme when wemeet this year in Washington D.C.—at a moment of social anxiety and global uncertainty—focuses our attention on the promise, values and unrealized potential of dignity and will highlight the role of values we examine law in society. The 2019 Law and Society Annual Meeting will initiate our consideration of the place, role and visions of dignity through a number of mini-plenary sessions that will take up the idea in its different forms.2","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"132 - 133"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/als.2020.42","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49003255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Excuse of (Il)legality in Discriminating and Persecuting Religious Minorities: Anti-Mosque Legal Violence in Myanmar","authors":"Nyi Nyi Kyaw","doi":"10.1017/als.2020.50","DOIUrl":"https://doi.org/10.1017/als.2020.50","url":null,"abstract":"Abstract This article highlights the convenient excuse of (il)legality used by (1) religious majoritarian mobs to justify attacks against places of worship and religious buildings of minorities; and (2) police and local authorities to absolve themselves of the failure to uphold public order and the rule of law, protect religious minorities, and to punish religious minorities. This article traces the emergence of legal violence in the form of anti-mosque vigilante extremism in Myanmar from 2012 onwards and analyzes cases of attacks against: (1) “illegal” mosques; (2) madrasas being used as or reconstructed into mosques; (3) buildings allegedly being constructed as mosques; (4) private homes and public spaces being used as mosques; and cases of (5) closed mosques not being allowed to reopen. The author primarily used Myanmar-language resources as well as interviews to conduct the research.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"108 - 131"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/als.2020.50","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46709756","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Intimate Rivals: The Freedom of Religious Nationalism","authors":"Gilad Abiri","doi":"10.1017/als.2020.52","DOIUrl":"https://doi.org/10.1017/als.2020.52","url":null,"abstract":"Abstract In this article, I argue that religious nationalism poses a unique challenge to the liberal theory of religious freedom. In arguing this, the article first develops and defines an ideal type of religious nationalism through an analysis of Hindu-nationalist and religious Zionist thought. I show that religious nationalism in states like India and Israel have the unique status of intimate rivals. They are intimate since they are able to successfully present themselves as the carriers of the authentic character of the nation-state and utilize modern political tools. As a result, they are free of much of the unifying pressures of state nationalism. And they are rivals because they promote a vision of society and politics that fundamentally challenges the political identity of the state. The paper then turns to the justifications and rationales of religious freedom—both in seminal cases and in political and legal scholarship—and applies them to religious nationalism. It argues that the status of intimate rivalry should, depending on which justification of religious freedom we adhere to, change the way in which we morally and legally understand religious nationalism. First, because religious nationalism is intimate—that is, acceptable and mainstream—it should be approached as a part of the culture of the majority. This implies that we should be less concerned about infringements of religious freedom in the case of the adherents and organizations of religious nationalism. Second, the rivalry of religious nationalism is in itself a good reason for the nation-state not to accommodate it.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"19 - 43"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/als.2020.52","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49359685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Disciplining the Accepted and Amputating the Deviants: Religious Nationalism and Segregated Citizenship in Indonesia","authors":"D. Simandjuntak","doi":"10.1017/als.2020.49","DOIUrl":"https://doi.org/10.1017/als.2020.49","url":null,"abstract":"Abstract T. H. Marshall’s 1950 seminal work shows that the granting of civil, political, and social rights leads to the institutionalization of rules binding the state and its citizens. In practice, however, citizenship goes beyond these unproblematized paternalistic relations. It is political, involving connection, competition, and conflicts. Isin and Turner (2002) propose that “citizenship” should be examined through its extent (norms of inclusion and exclusion), content (rights and responsibility), and depth (citizens’ perceived relation to their political community). In Indonesia, the discrimination against members of minority religions by Islamic conservative groups is among the main issues in politics. This article therefore examines the ambiguity between the constitutionally embraced “religious freedom” and the everyday discriminatory practices of conservative groups. Taking the case-studies of the sectarian campaign against a Chinese-Christian governor, the blasphemy sentence of a Chinese-Buddhist woman, and the persecution of the Ahmadiyah and Syiah, I argue that conservative groups have practised a “segregated citizenship” that prioritizes the values and interests of the majority religion against those of both the “accepted” and the “unaccepted” minority religions.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"88 - 107"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/als.2020.49","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48321466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Dignity Discourses in Struggles for Basic Legal Freedoms in China","authors":"T. Halliday, Sida Liu","doi":"10.1017/als.2020.40","DOIUrl":"https://doi.org/10.1017/als.2020.40","url":null,"abstract":"Abstract How do dignity discourses shift the framing of struggles for basic legal freedoms? Based on our decade-long empirical research on lawyers and politics in China, we provide a theoretical intervention in a burgeoning socio-legal scholarship on dignity in this article. Drawing inductively from in-depth interviews, we find that a powerful current of dignity consciousness and sentiment, joined by an acute awareness of dignity harms, flows through the community of Chinese activist lawyers. Their dignity discourses can be witnessed and explained in four streams of awareness: (1) dignity experienced as an ideal in juridical, philosophical, and theological idioms; (2) dignity takings experienced indirectly and directly in the property takings of clients’ homes, farms, and livelihood; (3) assaults on dignity through property takings of spaces of religious worship; and (4) the takings of professional dignity from the lawyers charged with defending the dignity of others. This article points to the value of dignity framings in the general theory of collective action for basic legal freedoms.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"134 - 150"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/als.2020.40","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46790313","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"“What Gets Measured Gets Done”: Metric Fixation and China’s Experiment in Quantified Judging","authors":"K. Ng, Peter C. H. Chan","doi":"10.1017/als.2020.28","DOIUrl":"https://doi.org/10.1017/als.2020.28","url":null,"abstract":"Abstract This article analyzes the ambitious Case Quality Assessment System (CQAS) that the Supreme People’s Court of China (SPC) promoted during the first half of the 2010s. It offers a case-study of Court J, a grassroots court located in an affluent urban metropolis of China that struggled to come out ahead in the CQAS competition. The article discusses how the SPC quantified judging and the problems created by the metricization process. The CQAS project is analyzed as a case of metric fixation. By identifying the problems that doomed the CQAS, the article points out the challenges facing the authoritarian regime in subjecting good judging to quantitative output standards. The CQAS is a metric that judges judging. It reveals how judging is viewed by the party-state. The article concludes by discussing the legacy of the CQAS. Though it nominally ended in 2014, key indicators that it introduced for supervising judges are still used by the Chinese courts today. The CQAS presaged the growing centralization that the Chinese judicial system is undergoing today. Though the SPC has terminated the tournament-style competition that defined the CQAS, the metric remains the template used to evaluate judging.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"255 - 281"},"PeriodicalIF":0.8,"publicationDate":"2021-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/als.2020.28","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46469159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}