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Trust, Democracy, and Hygiene Theatre: Taiwan’s Evasion of the Pandemic 信任、民主与卫生剧场:台湾躲过疫情
IF 0.8 3区 社会学 Q2 LAW Pub Date : 2022-09-23 DOI: 10.1017/als.2022.19
R. B. Leflar
Abstract Taiwan’s record of preventing infections and deaths from COVID-19 outshines that of almost every other nation, far outstripping the performance of the US, all European countries, and almost all Asian countries. Yet Taiwan is the nation closest to Wuhan, font of the pandemic. Equally importantly, Taiwan’s public health achievement has occurred without the government dictates such as business and residential lockdowns that have aroused controversy and caused economic and psychological distress around the globe. This essay relates the story of Taiwan’s actions during the crucial early months of 2020 and explores the factors—historical, geographical, legal, institutional, strategic, and cultural—accounting for Taiwan’s remarkable success. Prominent among those factors are the legal and institutional infrastructure of preparedness that Taiwan constructed following its unhappy experience with the 2003 SARS outbreak, and the prompt and decisive measures taken upon discovery of the Wuhan outbreak on 31 December 2019. A dialogue between the judiciary and the legislative and executive branches of government following the SARS episode enabled the infrastructure of preparedness to be created through a process consonant with democratic government, respecting principles of individual liberty and fairness. Risk communication techniques were skilfully employed to build public trust in expert advice about measures for infection prevention. Persuasion, not compulsion, was the norm. Cultural factors including customary acceptance of mask-wearing and authoritative advice, and perhaps a high level of risk-aversity, also played an important part. Taiwan’s pandemic control policies have drawn criticism of government overreach. Some recommendations, such as for outdoor masking, bear little rational relation to infection prevention and are best characterized as mere “hygiene theatre.” Nevertheless, early-2020 government measures received a high level of public approval. Taiwan’s successful response to the pandemic illustrates the nation’s nature: a disciplined democracy.
摘要台湾预防新冠肺炎感染和死亡的记录几乎超过了其他所有国家,远远超过了美国、所有欧洲国家和几乎所有亚洲国家。然而,台湾是距离疫情最严重的武汉最近的国家。同样重要的是,台湾的公共卫生成就是在没有政府指示的情况下取得的,比如商业和住宅封锁,这引发了争议,并在全球范围内造成了经济和心理困扰。本文讲述了台湾在2020年前几个月的行动,并探讨了台湾取得显著成功的历史、地理、法律、制度、战略和文化因素。这些因素中最突出的是台湾在经历2003年SARS疫情后建立的法律和体制准备基础设施,以及在2019年12月31日发现武汉疫情后采取的迅速果断措施。SARS事件发生后,司法部门与政府立法和行政部门之间的对话使准备基础设施能够通过符合民主政府、尊重个人自由和公平原则的程序建立起来。风险沟通技术被巧妙地用于建立公众对感染预防措施专家建议的信任。说服而非强迫是常态。文化因素,包括习惯上接受戴口罩和权威建议,也许还有高度的风险厌恶,也起到了重要作用。台湾的疫情控制政策招致了对政府过度反应的批评。一些建议,如户外口罩,与预防感染没有什么合理的关系,最好被描述为仅仅是“卫生剧场”。然而,20世纪20年代初的政府措施得到了公众的高度认可。台湾成功应对疫情说明了这个国家的本质:一个有纪律的民主国家。
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引用次数: 0
Internationalization as a Leap of Faith: Arbitration Reforms in China and the Challenges of Implementation 国际化是信念的飞跃:中国仲裁改革及其实施的挑战
IF 0.8 3区 社会学 Q2 LAW Pub Date : 2022-09-19 DOI: 10.1017/als.2022.23
Kainan Huang
Abstract Recent years have witnessed an increasing trend in Chinese arbitration reform that emulates international norms and practices. This article examines some of these key reform measures and major challenges to their implementation. It explores in both legal and practical terms why most of these reform techniques may remain largely ineffective, showing that engaging in international norms and standards in China can be highly challenging due to their potential illegality, the general lack of institutional capacity to sustain them, and the conflicts of local ideas about the purposes of arbitration. It is thus doubtful whether commitment to satisfying the formal requirements prescribed by the legal reforms would often prevail. When it does, it is questionable whether this form of commitment would become prevalent and how it could proceed in a sustainable and coherent manner from a practical perspective.
近年来,中国的仲裁改革越来越趋向于模仿国际规则和实践。本文探讨了其中一些关键改革措施及其实施的主要挑战。它从法律和实践两个方面探讨了为什么大多数改革技术可能在很大程度上仍然无效,表明在中国参与国际规范和标准可能是极具挑战性的,因为它们可能是非法的,普遍缺乏维持它们的制度能力,以及当地对仲裁目的的看法存在冲突。因此,对满足法律改革规定的正式要求的承诺是否会经常占上风是值得怀疑的。在这种情况下,这种形式的承诺是否会普遍存在,以及如何从实际角度以可持续和连贯的方式进行,都是值得怀疑的。
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引用次数: 0
A Comparative Study of Socio-Legal Scenarios in the COVID-19 Pandemic: Focusing on Asian Responses 新冠肺炎大流行中社会法律情景的比较研究:以亚洲应对为中心
IF 0.8 3区 社会学 Q2 LAW Pub Date : 2022-09-19 DOI: 10.1017/als.2022.20
Kunihiko Yoshida
Abstract This article first distinguishes three governance scenarios that have been enacted in the COVID-19 pandemic, including identification and control; herd immunity without policy adjustments; and periodic lockdowns and hasty opening. In suggesting how different governments’ strategies were taxonomized into these categories, the paper examines major socio-legal challenges, including variations in social structures and government responsibilities; differences in public health cultures and legal policy options available to governments; unequal distribution of health and social welfare benefits; and public concerns of government overreach in relation to privacy of the infected and the preservation of individual liberty and freedom. Finally, the paper offers critical recommendations in the interest of ensuring a robust social-legal framework for providing adequate medical care to the infected; improving public health for vulnerable groups; ensuring that less privileged countries have access to vaccines; and designing post-disaster reconstruction by seeking global health objectives, rather than state-centric national justice.
摘要本文首先区分了新冠肺炎大流行中制定的三种治理情景,包括识别和控制;没有政策调整的群体免疫;以及定期封锁和仓促开放。在建议如何将不同政府的战略分类为这些类别时,本文考察了主要的社会法律挑战,包括社会结构和政府责任的变化;公共卫生文化和政府可选择的法律政策的差异;保健和社会福利待遇分配不均;以及公众对政府在感染者隐私和维护个人自由方面的过度行为的担忧。最后,该文件提出了重要建议,以确保建立一个强有力的社会法律框架,为感染者提供充分的医疗服务;改善弱势群体的公共卫生;确保弱势国家能够获得疫苗;以及通过寻求全球卫生目标而不是以国家为中心的国家正义来设计灾后重建。
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引用次数: 0
Independent Directors and Team Production in Japanese Corporate Governance 日本公司治理中的独立董事与团队制作
IF 0.8 3区 社会学 Q2 LAW Pub Date : 2022-09-14 DOI: 10.1017/als.2022.22
Andrew Johnston, K. Miyamoto
Abstract Independent directors (IDs) in listed Japanese companies have gradually increased with the transplant of the Western model of the monitoring board. In practice, however, IDs act more like the mediating hierarch in team production theory than the agent of the shareholders, albeit with a number of differences from Blair and Stout’s seminal model. Japanese IDs mediate formally and informally, resolving vertical disputes between groups of executives as they contest control of the company. Given the norm of lifetime employment, such vertical disputes are common in Japanese companies and are economically significant, since failure to resolve them can result in destruction of firm-specific human capital. The article explores the scope for mediating hierarchy in Japanese law and corporate governance practice, then develops three case-studies which highlight the role played by IDs. Their practice is shaped by and supports social norms that emphasize the importance of continuity in team production.
摘要日本上市公司的独立董事(ID)随着西方监事会模式的移植而逐渐增多。然而,在实践中,ID更像是团队生产理论中的中介层级,而不是股东的代理人,尽管与布莱尔和斯托特的开创性模型有一些不同。日本身份证进行正式和非正式的调解,解决高管群体之间争夺公司控制权的纵向纠纷。考虑到终身雇佣的规范,这种纵向纠纷在日本公司很常见,而且具有重要的经济意义,因为如果不能解决这些纠纷,可能会导致公司特定人力资本的破坏。本文探讨了日本法律和公司治理实践中调解等级制度的范围,然后发展了三个案例研究,突出了ID所发挥的作用。他们的实践受到社会规范的影响并支持这些规范,这些规范强调团队生产中连续性的重要性。
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引用次数: 0
Vaccine Policy Failure: Explaining Thailand’s Unsuccessful Containment of COVID-19 in the Third Wave 疫苗政策失败:解释泰国在第三波疫情中未能成功遏制新冠肺炎
IF 0.8 3区 社会学 Q2 LAW Pub Date : 2022-08-24 DOI: 10.1017/als.2022.17
Piya Pangsapa
Abstract In January 2020, Thailand became the first country outside of China to report a coronavirus infection. In July 2020, Thailand was the number one ranked country (out of 184 countries) for its effective handling of COVID-19. In December 2020, the country was hit by a second wave and the government was once again able to contain the new outbreak. In late March 2021, however, a third wave broke out and as of 1 April 2021, Thailand had seen 2,022,117 new cases and a death toll during the third wave of 20,211. The Thai government has not only been unable to contain the virus this time around, but has also failed in its procurement, allocation, and distribution of COVID-19 vaccines for its 70 million people. This article will look at the government’s mismanagement of the pandemic in the third wave and how the government is dealing with the current crisis.
摘要2020年1月,泰国成为中国以外第一个报告冠状病毒感染的国家。2020年7月,泰国是有效应对新冠肺炎的排名第一的国家(在184个国家中)。2020年12月,该国遭遇第二波疫情,政府再次控制住了新的疫情。然而,2021年3月下旬,第三波疫情爆发,截至2021年4月1日,泰国在20211年的第三波中新增2022117例病例,死亡人数。这一次,泰国政府不仅无法控制病毒,而且未能为其7000万人口采购、分配和分发新冠肺炎疫苗。这篇文章将探讨政府在第三波疫情中对疫情的管理不善,以及政府如何应对当前的危机。
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引用次数: 0
The COVID-19 crisis, Herd Immunity, and “Vaccine Apartheid” in the Age of Anthropocene 新冠肺炎危机、群体免疫与人类世时代的“疫苗种族隔离”
IF 0.8 3区 社会学 Q2 LAW Pub Date : 2022-08-24 DOI: 10.1017/als.2022.16
Hiroshi Fukurai, Robin Gabriel, Xiaochen Liang
Abstract The coronavirus pandemic has led to millions of deaths around the world. In many countries, it has also exposed long-standing inequities and injustices in health care, income distribution, labour market practice, and social protection for the poor, women, indigenous peoples, and other marginalized segments of the population. The disproportionate casualties among vulnerable populations have also exposed predatory corporate practices, such as the refusal to share vaccine patents with low-income countries (LIC) in the Global South. World Health Organization (WHO) Director-General Tedros Adhanom Ghebreyesus has warned that this “vaccine apartheid” could lead to the further spread of more dangerous forms of virus variants, and that global solidarity and collaboration may be the only viable approach to current and future pandemics.1 Scientists have long warned that the continued destruction of the environment and ecological diversity would lead to future waves of cross-species (zoonotic) viral pandemics, due to the elimination of “natural borders” that once existed between human and non-human species. In the last several decades alone, humanity has suffered from five major zoonotic pandemics: AIDS, SARS, MARS, Ebola, and COVID-19.2 This Special Issue focuses on a select group of Asian countries in order to critically examine the impact of socio-legal inequities in state-centric policies upon domestic populations, including indigenous peoples, and to explore the possibility of international collaborative strategies for controlling the spread of deadly viruses and their variants in the coming years and decades, in Asia and beyond.
摘要冠状病毒大流行已导致全球数百万人死亡。在许多国家,它还暴露了在医疗保健、收入分配、劳动力市场做法以及对穷人、妇女、土著人民和其他边缘化人群的社会保护方面长期存在的不平等和不公正现象。弱势群体中不成比例的伤亡也暴露了掠夺性的企业行为,例如拒绝与全球南方低收入国家分享疫苗专利。世界卫生组织(世界卫生组织)总干事谭德塞(Tedros Adhanom Ghebreyesus)警告说,这种“疫苗隔离”可能会导致更危险形式的病毒变种的进一步传播,全球团结与合作可能是应对当前和未来流行病的唯一可行方法。1科学家们长期以来一直警告说,由于人类和非人类物种之间曾经存在的“自然边界”的消除,环境和生态多样性的持续破坏将导致未来跨物种(人畜共患)病毒流行病的浪潮。仅在过去几十年中,人类就遭受了五种主要的人畜共患流行病:艾滋病、SARS、MARS、埃博拉和新冠肺炎,探讨未来几年乃至几十年在亚洲及其他地区制定国际合作战略以控制致命病毒及其变种传播的可能性。
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引用次数: 0
Coloniality and Necropolitics in the Age of COVID-19: The Question of Palestine 新冠肺炎时代的殖民与死亡政治:巴勒斯坦问题
IF 0.8 3区 社会学 Q2 LAW Pub Date : 2022-08-18 DOI: 10.1017/als.2022.18
Robin Gabriel
Abstract This article interrogates the necropolitical logics of the Israeli settler-state apparatus towards Palestinians in the Occupied Territories during the COVID-19 pandemic. It examines these logics and practices through the prism of coloniality, which conceptualizes manifestations of colonialism (whether material, epistemic, or ontological) as a diffuse set of practices, opening up the conversation to discuss the ways in which international organizations, other states, and the Palestinian Authority continue to inflict the colonial harm through the employment of particular policies. Centring coloniality as an analytic allows a more global perspective and widens the discussion to include the ways in which Palestinians practise decoloniality, building and imagining “otherwise” worlds. This article maps the ways in which the devastation of the pandemic is not a product of the pandemic itself, but larger legacies of material, epistemic, and ontological colonial intervention.
本文探讨了在2019冠状病毒病大流行期间,以色列定居者-国家机器对被占领土上巴勒斯坦人的死亡政治逻辑。它通过殖民主义的棱镜来审视这些逻辑和实践,殖民主义将殖民主义的表现形式(无论是物质的、认识论的还是本体论的)概念化为一套分散的实践,开启了讨论国际组织、其他国家和巴勒斯坦权力机构通过使用特定政策继续造成殖民伤害的方式的对话。将殖民主义作为分析的中心,可以提供更全球化的视角,并扩大讨论范围,包括巴勒斯坦人实践非殖民主义的方式,建立和想象“不同”的世界。本文描绘了大流行的破坏不是大流行本身的产物,而是物质、认知和本体论殖民干预的更大遗产的方式。
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引用次数: 2
Venture capital law in China 中国风险投资法
IF 0.8 3区 社会学 Q2 LAW Pub Date : 2022-07-27 DOI: 10.1017/als.2021.42
Alexander F. H. Loke
neutral as mediator and arbitrator, and the enforcement of the mediated settlement agreements from MDR). This book, wonderfully written, may need updates with the ratification and implementation of the Singapore Convention on Mediation in the future. Its comparison could be more precise by focusing on MDR in commercial disputes in Asia and the wider world. It is not entirely clear for readers how MDR in family and labour cases discussed in some chapters of this book is related to the global trend of increasing MDR in transnational commercial disputes.
中立的调解人和仲裁员,以及MDR的调解和解协议的执行)。这本书写得很好,将来可能需要随着《新加坡调解公约》的批准和实施而更新。通过关注亚洲和更广泛世界商业纠纷中的MDR,可以更准确地进行比较。读者并不完全清楚本书某些章节中讨论的家庭和劳工案件中的MDR与跨国商业纠纷中MDR增加的全球趋势之间的关系。
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引用次数: 0
Book Discussion: Winner, 2020 Distinguished Book Award, Asian Law and Society Association (ALSA), Anna High, Non-Governmental Orphan Relief in China: Law, Policy, and Practice (Routledge, 2019): Introduction by Hiroshi Fukurai 图书讨论:亚洲法律与社会协会(ALSA)2020杰出图书奖得主,Anna High,《中国非政府孤儿救济:法律、政策和实践》(Routledge,2019):简介:福井宏
IF 0.8 3区 社会学 Q2 LAW Pub Date : 2022-07-20 DOI: 10.1017/als.2022.13
Hiroshi Fukurai
Furthermore, in 2020, China, India, and South Korea became the top three countries in the world that made arrangements for international adoption of their orphans and vulnerable children. 1 Since the beginning of this millennium, the "geopolitical” analysis of the rise in the number of orphans and other vulnerable children began to receive increased international attention from socio-legal scholars, state policy-makers, human rights organizations, and international agencies around the globe. [...]agencies included the UN and other international groups, including UNICEF, the Defense for Children International (DCI), Save the Children, and the Centers for Disease Control and Prevention (CDC), among many others. 2 The increase in vulnerable children spiked when the world was hit by the COVID-19 pandemic in 2020. 6 Many orphaned children were adopted by Chinese families without knowledge of their ancestral connections to their parents, siblings, and families in Japan, despite the China–Japan collaborative efforts to address this human rights issues for many decades following the war. 7 The governmental policy on reproductive restriction due to China's one-child policy has also affected unwanted pregnancies and infant femicides for many decades. 8 In addition, the lack of public and private resources and inabilities of families to deal with disabled children and those with significant handicaps have led to their abandonment and calamitous situations. While this reproductive policy might not have been imposed on other ethnic minorities, such as Muslims in Xinjiang and Tibetan autonomous regions, the lack of resources for orphans and other vulnerable children has also been reported elsewhere, including those areas faced with illegal adoption and child abandonment, among others. 9 There has been a rapid economic ascension of the Chinese economy, during which, according to the World Bank (WB) report, more than 850 million Chinese people have moved out of destitute poverty.
此外,2020年,中国、印度和韩国成为世界上为孤儿和弱势儿童的国际收养做出安排的前三个国家。1自本千年开始以来,对孤儿和其他弱势儿童数量增加的“地缘政治”分析开始受到社会法律学者、国家政策制定者、人权组织和全球国际机构的越来越多的国际关注。[…]机构包括联合国和其他国际组织,包括联合国儿童基金会、国际儿童保护组织、拯救儿童组织和美国疾病控制与预防中心(CDC)等。2 2020年,当世界受到新冠肺炎大流行的打击时,弱势儿童的数量急剧增加。6许多孤儿被中国家庭收养,他们不知道自己与日本父母、兄弟姐妹和家庭的祖先关系,尽管战后几十年来中日一直在合作解决这一人权问题。7几十年来,由于中国的独生子女政策,政府的生育限制政策也影响了意外怀孕和杀害婴儿的行为。8此外,由于缺乏公共和私人资源,家庭无力照顾残疾儿童和有严重残疾的儿童,导致他们被遗弃,处境悲惨。虽然这一生育政策可能没有强加给其他少数民族,如新疆和西藏自治区的穆斯林,但其他地方也报道了孤儿和其他弱势儿童缺乏资源的情况,包括那些面临非法收养和遗弃儿童的地区。9中国经济迅速发展,根据世界银行的报告,在这期间,超过8.5亿中国人摆脱了贫困。
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引用次数: 0
Book Discussion: Response to Comments by Anna High 图书讨论:对安娜·海伊评论的回应
IF 0.8 3区 社会学 Q2 LAW Pub Date : 2022-07-13 DOI: 10.1017/als.2022.15
Anna High
As I suspect is the case for many, as an academic juggling the demands of teaching, research, and family in these “new normal” times, the weeks of the academic calendar seem to be slipping away a little more rapidly as compared to pre-pandemic life. As such, it does not seem so long ago that I was finalizing the manuscript, reading the proofs, and sending this book (Orphan Relief in China) out into the world. And yet my son Fred, who is the same age as this book (kindly timing his arrival for soon after completion of the manuscript), is now a boisterous two-and-a-half-year-old. In that time, it has been humbling to see Orphan Relief in China well received by peers around the world, and it is humbling all over again—and perhaps even quite self-indulgent, given the aforementioned time pressures—to have this opportunity to engage again with the material and reflect on my research journey. I am immensely grateful to Liang Xiaochen,1 Xu Zheng, and Shahla Ali for taking the time to write these thoughtful comments, and to Hiroshi Fukurai, immediate past-president of the Asian Law and Society Association (ALSA), for his support in and co-ordination of this book discussion. Taking the same approach as previous years’ discussants, my intention in this short response to the commentary is not to summarize the key points of my research—that would be superfluous, as the commentators have done a wonderful job at introducing the scope and approach of the book. In the interests of space, I will not respond individually to each point raised in each commentary. Instead, I would like to use this opportunity to respond to and elaborate on three themes highlighted by the commentators.
正如我所怀疑的那样,作为一名在“新常态”时代兼顾教学、研究和家庭需求的学者,与疫情前的生活相比,学术日历上的几周似乎过得更快一些。就这样,我完成手稿,阅读校样,并将这本书(《中国孤儿救济》)送到世界各地,似乎并不是很久以前的事。然而,我的儿子弗雷德(Fred)现在已经是一个两岁半的孩子了,他和这本书一样大(好心地把他的到来时间定在了手稿完成后不久)。在这段时间里,看到中国的孤儿救济会受到世界各地同行的欢迎,我感到很惭愧。考虑到前面提到的时间压力,有机会再次接触这些材料并反思我的研究之旅,我再次感到很惭愧——甚至可能是自我放纵。我非常感谢梁晓辰、徐峥和沙赫拉·阿里花时间写下这些深思熟虑的评论,也非常感谢亚洲法律与社会协会(ALSA)的前任会长福井宏(Hiroshi Fukurai)对本书讨论的支持和协调。和前几年的讨论者一样,我在这篇简短的评论文章中并不是要总结我的研究要点——那样做是多余的,因为评论者在介绍这本书的范围和方法方面做得很好。由于篇幅的关系,我将不单独回应每条评论中提出的每一点。我愿借此机会,就各位评论员强调的三个主题作出回应和阐述。
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引用次数: 0
期刊
Asian Journal of Law and Society
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