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The homeowners’ movements in Beijing, Shanghai, and Shenzhen differ by both the scope of their property rights claims and the concomitant ways in which they claim those rights. The leading homeowners in Beijing are political entrepreneurs, devoting themselves more to systemic change and even Chinese democracy than to the self-governance of their individual neighborhoods. The leading homeowners in Shenzhen are social entrepreneurs who navigate through the social, legal, and bureaucratic maze to claim absolute homeownership sovereignty. The defining characteristic of homeowners in Shanghai is respect for laws and rules.
Based on a unique dataset of questionnaire survey about Chinese homeowners, I found that democratized neighborhoods have enjoyed better governing outcomes than have their nondemocratized counterparts, while also showing that the local government played a helping hand in establishing HoAs and thereby afforded neighborhoods mechanisms for self-governance. I also found that homeowner activists in democratized neighborhoods developed greater trust in the local government and deemed local officials both more supportive of neighborhood self-governance and less likely to collude with real estate management companies and developers than was the case within non-democratized neighborhoods.
Despite the increasing academic interest in how the party exerts control, there has been little research on how individuals or entities resist such control. This article provides an up-to-date ethnographic account of the evolving relationship between homeowners’ associations (HoAs) and the party-state in China. Drawing on interviews and archival research, I find that while the party-state attempts to penetrate the homeowner self-governance institution, homeowners in China have exhibited increasingly direct and effective resistance to the party’s efforts in three ways, including evasion, collective petitions, and legality reviews. My research underscores the potential of homeowners to defend their right to self-governance from party infiltration in today’s increasingly authoritarian China.
The Rule of Law Under Pressure provides readers with an accessible and richly detailed assessment of recent challenges to the rule of law. The rule of law is closely tied to both democracy and human rights. The erosion of the rule of law, within a rising number of countries and in international relations, places populations under increasingly authoritarian and rights-abusing governments and threatens to destabilize peaceful relations among states. The book brings conceptual clarity to this complex and multidimensional topic and assesses recent trends in the rule of law at both national and international levels. The opening chapter clearly sets out the key concepts and evaluates broad transnational trends in the rule of law. Succeeding chapters assess rule of law developments at the international level and within key countries around the world. This title is also available as Open Access on Cambridge Core.
Mapping of human rights abuses and international crimes is an increasingly common tool to evidence, preserve and visualise information. This paper asks, what does rights-informed mapping in the context of mass graves look like? What are the rights concerned and allied goals, and how might these practicably apply during a pilot study? The study offers an analysis of the goals and benefits espoused to accrue to mapping and documentation efforts, as well as an explication of rights arising when engaging with mass graves. Our findings underscore the imperative of understanding the full ramifications of the applicable context, in our case the life-cycle of mass graves. This will bring to the fore the rights engaged with the subject as well as the challenges with data points, collation and reporting as experienced in a pilot (Ukraine) where realities on the ground are not static but remain in flux.
In N.K. Jemisin’s Broken Earth trilogy, core laws are written on stone. But the tablets are incomplete, open to interpretation and their authorship uncertain. Nonetheless, Stone Law forms the basis of the governance system. Ultimately, the narrative reveals that the Stone Laws are recent in origin and an instrument of subjugation whose claims to common sense belie its harms. This article considers immutability in law and the ways in which particular laws become as if written in stone. Constitutional law and jus cogens are two examples of immutable worldbuilding laws represented as inevitable, absolute, unyielding and perpetual. Debates in law and humanities on genre, performance, interpretation and the concerns of a particular era are often reflected and refracted through both the laws and the literature of an era. In particular, the practice of worldbuilding is used to demonstrate the wariness necessary when laws are represented as immutable.
This paper examines the core twin concepts of secularism and pluralism and their location within the Indian constitutional discourse, through a discussion of the hijab ban in the South Indian state of Karnataka. I suggest that attempts at Hindu majoritarian subversion of these core principles face challenges due to the structure of the Indian Constitution, and due to the constitutional agency and mutinies set in motion by women through their legal challenge of state action. I discuss the hijab ban in India and the two judgments on the ban as an example of this attempted subversion but also of its failure, suggesting that these judgments fall short in their reading of this interrelationship between secularism and pluralism. In doing so, I introduce a threefold analytical categorisation, pluralist constitutionalism, constitutional appropriation and constitutional derailment, to help us outline the tensions inherent in constitutional politics in the present.
This special issue aims to unravel the deeply intertwined dialectics between property and sharing. We do so by examining the paradoxes thrown up as legal forms of property interact with the emergent economic activity of sharing, and investigating how these may be resolved by designing institutional frameworks to better align their values. These paradoxes are sometimes productive, driving property and sharing forward to produce new configurations of use and privilege; sometimes disruptive, as sharing throws new light on how property orders economic and social relations by pushing against the boundaries of established property forms. But they are always revealing.
This article analyses shifts in consumers’ preferred forms of use following the rise of the access economy and evaluates the subversive potential of access as a non-hierarchical, open form of use. Access consists of an aggregation of multiple licenses that amounts to a consistent form of use and has social, cultural and legal implications. My definition of ‘access’ focusses on material practices of property rather than on formal legal categories, and I compare access to both formal and informal forms of long-term use. I explore themes of power and vulnerability and individualism and communities and consider whether access merely adds to the property landscape or provokes contested forms of use. The article reveals the complex relationships between ownership (and other forms of long-term possession) and access, as access both challenges ownership and reinforces its power. Ultimately, I conclude that access fails to achieve its subversive potential.
What would the ‘sharing economy’ look like if platform providers optimised for racial and other forms of diversity? This article considers that question. Following the Introduction, Part 2 of this article reviews the widespread nature of race and other forms of discrimination in platform technologies. Part 3 uses core strands of property theory to analyse the ways in which racial privilege translates into property entitlements. Part 4 discusses a range of reforms within property law that can contribute to eliminating the value – and ultimately the fact – of whiteness as a property entitlement in the platform economy.
Based on six-year fieldwork across China including over 200 in-depth interviews, this book provides an ethnographic account of how hundreds of millions of Chinese homeowners practice democracy in and beyond their condominium complexes. Using interviews, survey data, and a comprehensive examination of laws, policies and judicial decisions, this book also examines how the party-state in China responds to the risks and benefits brought by neighborhood democratization. Moreover, this book provides a framework to analyze different approaches to the authoritarian dilemma facing neighborhood democratization which may increase the regime's legitimacy and expose it to the challenge of independent organizations at the same time. Lastly, this book identifies conditions under which neighborhood democratization can succeed.
An (ongoing) interrogation of colonial wrongdoing is important for debates on decolonisation, restorative justice, racial and gender equality and global political and socio-economic equality. This article presents a theoretical study of colonialism’s legal-political injustices and aims to (re)turn the discussion on colonialism to the field’s most powerful insight, i.e. that of of epistemic violence and injustice. This article also suggests that the reach of this historical injustice went much further than the politics of autonomy, usurpation of territorial rights, political disenfranchisement and resource appropriation. To address the question of colonialism’s distinctiveness as a political mission, which has been discussed in recent debates within analytic philosophy, it argues that colonialism’s epistemic injustice, which denied the very existence and the traditions of the colonised, is the foundational and distinctive feature of colonialism as a political system and which drives its continued impact to this day.
The concluding chapter reflects on the everyday lives of sex workers, police officers and public health officials in China under Xi Jinping, and considers policy implications of the book’s findings.