Ventriloquism,racism and the politics of decoloniality in Ecuador

ABSTRACT

This article discusses two forms of discrimination against indigenous people: ventriloquism and open racism, and argues that a transition from paternalism to open intolerance has taken place in Ecuador in the context of governmental emphasis on natural resource extraction. Ventriloquism, when non-Indians speak for indigenous people, is analysed through the Sumak Kawsay (Good Living) policies of the government of Rafael Correa (2007–2017). Public racism is examined by looking at government repression against indigenous leaders and communities and Presidential speeches. The article concludes that the state’s ventriloquist and racist discourses and practices are equally rooted in the country’s colonial past. These findings are contrasted with the writings of scholars that have called the government of Mr. Correa decolonizing. The article examines the ways in which decolonial theorists informed and promoted the policies of this regime, and argues that decolonial scholars have been insufficiently self-critical and reflective of their own complicity with the state’s repressive project vis-à-vis indigenous communities.     

Individual rights and collective obligation. Compulsory intervention towards substance abusers in Norwegian social law

This article focuses on an important duality in the modern welfare state: the will to help our fellow citizens through institutionalized welfare policies, and the danger of violating individual liberty and integrity. Individual rights of self-determination and integrity are important values of the liberal constitutional government (the Rechtstaat). Our collective ethical obligation to help those in need is an important value of the welfare state. With respect to compulsory intervention towards adult and under-age substance abusers, the possible tensions between these values are particularly visible. The legal foundation for such efforts in Norwegian social law is discussed with regard to different ethical and moral principles. The main questions are how compulsory interventions are justified and how different principles are weighted in positive law. The ethical principles of collective obligation and the moral principle of individual rights are differently balanced in the Child Care Service Act and the Social Service Act. Both acts, however, expose the problematic combination of solving social problems by the use of force and securing individual autonomy and integrity.     

同意的困境——基于以同意理论证成政府家长式干预的视角

在自由主义语境中,对政府家长式干预行为可行性的分析诉诸于对个人意愿真实性的探求,而同意理论作为个人意愿的有效表达方式成为家长主义和反家长主义者论辩的重点。但是,由于同意本身所具有的局限性,使得通过诉诸于个人意愿的方式证成政府家长式干预行为的路径遭遇了不可避免的困境。     

论特殊防卫的性质

当前,社会各界对正当防卫和防卫限度问题正在开展新一轮反思。针对刑法第20条第3款规定的防卫行为,学界的称谓千差万别,主要有无限防卫(权)、特殊防卫(权)、无过当之防卫、预防性正当防卫等。从语言逻辑关系和刑法条文规范表达的角度看,"特殊防卫"的称谓更符合第3款关于防卫限度的特殊规定。第3款内容在实质侧面受正当防卫认识、防卫限度要件的约制,在形式侧面符合规范用语的体系表达,不是第1、2款内容的拟制性规定,而是提示性规定。防卫的权利性质受权威主义和自由主义的国家范式的影响。在我国弱的权威主义和法律家长主义的影响下,特殊防卫带有明显的义务性质,是权利与义务的统一。     

混合植物纤维微波发泡缓冲材料的制备工艺研究

传统上老年立法和政策的制定往往以自治的“自由主体”为模板,忽视了人类状况中普遍具有的脆弱性,或仅将应对脆弱性作为一种个人责任,在理论上和实践中造成了无法调和的矛盾。在打破将不同世代分而治之的思维定式过程中,有必要将脆弱性问题作为相关责任和政策分析的中心,充分关注个人在社会、经济、政治和机构关系之网中的位置,从社会角度反思如何在个人、家庭、国家及其各类机构之间现实而合理地分配责任,以增强个人应对脆弱性和依赖性的韧力。     

‘You care for your work; I'll care for your family’: perceptions of paternalistic managerial actions and employee commitment in Mexico

This study focuses on paternalism as a managerial strategy to foster employee commitment. Using in-depth, qualitative interviews during extended fieldwork at a Mexican multinational company, I examine employee perceptions of managerial actions within the context of workplace transformation. Employees perceived management as caring toward them and their families and characterized the workplace as a considerate and respectful environment. Employees interpreted managerial actions positively because a company cooperative provided family-supportive policies and cultivated a family-supportive culture, even after workplace transformation. Rather than disrupt the paternalistic practices, management combined them with the new strategic management practices. In exchange, employees were committed to the organization as evidenced by expressions of loyalty, pride, and appreciation. With its focus on how a specific family-supportive setting matters in the global south, this study extends the research on managerial strategies to promote employee commitment.     

Partnership and participation: contradictions and tensions in the social policy space

Partnerships and participation seem to be the order of the day. Yet, for many community organisations, this way of ordering the social policy space is contradictory, creating practice tensions that increase the complexity of local service systems. Such changes impact community organisations in a politics that needs to be made visible if they are to be able to act in the interests of their members and service users. We therefore outline the social policy space currently constituted by four major discourses: neo‐liberalism, managerialism, new paternalism and network governance as they intersect and interact chaotically, reshaping participation and partnerships between government, community service organisations and local communities. We then examine how policy as a technology or set of mechanisms is discursively creating contradictions and practice tensions within which community organisations engage for social justice.     

Transfers in Kind: Why They Can Be Efficient and Nonpaternalistic – Comment

Bruce and Waldman make an important contribution regarding the Samaritan dilemma: the expectations of inheritance motivates the younger generation at the margin in the direction of welfare reducing behavior. However, these authors misinterpret the standard analysis on this matter as prediction instead of explanation; confuse governmental subsidies with private charitable giving, and uncritically examine Headstart and statist job training programs. This revised version was published online in July 2006 with corrections to the Cover Date.     

Nudge or nuzzle? Improving decisions about active citizenship

In recent years ‘nudge’ has come into fashion as a form of policy intervention, under the inspiration of behavioural economics. It has encouraged policy analysts to move away from models of the ‘rational actor’ and instead to start from consumers, clients and citizens as they actually are. Nevertheless, nudge raises larger questions about public policy and the relationship between government and the citizen. This paper takes critical stock of nudge, offers an alternative in terms of ‘nuzzle’ and lays out the very different standpoint on policy to which this points. In doing so, it also puts in question the disciplinary paradigms which underpin ‘nudge’ in the scientific literature, and their underplaying of the social and institutional context of individual behaviour. It offers a perspective on public policy as providing security and supporting creativity: with government under critical scrutiny by citizens, rather than vice versa.     

射幸合同合法性问题研究

自由是合同法的核心价值,限制自由要有充分的理由。在射幸合同问题上,限制其自由的理由主要是:不得严重损害他人和社会公共利益,不得严重损害当事人自身的利益。这既是有限的柔性家长主义的需要,也是尊重习俗和习惯法的需要。具体来说,对于对抗风险型射幸合同与激励型射幸合同,要尽量保护;对于经营性射幸合同,要严加控制,实行特许经营;对于其他类射幸合同,要在考虑习俗和习惯法之后,区别对待。