John Gillespie
Datos Biográficos
| ID | 3746083 |
|---|---|
| NOMBRE | John Gillespie |
| NOMBRES | John |
| APELLIDO | Gillespie |
| FIRMA | GILLESPIE J |
| AFILIACIONES | Monash University |
| ORCID | 0000-0002-2436-3004 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 45 |
| TOTAL DE CITAS | 72 |
| TOTAL COMO AUTOR | 44 |
| TOTAL COMO EDITOR | 1 |
| PRIMER AÑO DE PUBLICACIÓN | 1956 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2025 |
| ÍNDICE H | 5 |
Legal Reasoning and the Rise of Judicial Authority in Vietnam
Judges in Vietnam have increasingly been called upon by the state and society to resolve new social and economic problems. However, the expansion of judicial authority presents a problem for Vietnam’s authoritarian government, which wants courts that can resolve social problems without challenging state interests. This study draws on empirical research to explore whether judges in Vietnam’s authoritarian polity can harness legal reasoning to exte…
Reading Les Mandarins
This article advocates reading Les Mandarins taking into account, first of all, that it is a novel, leaving aside the familiar theories that it is a roman-à-clef , a roman-à-thèse , a biographical chronicle, or all three. It considers the novel's setting, point of view, plot and character in relation to political activism, love relationships, the literary vocation, as well as its metaphysical framework. I argue that this approach leads to a more …
Consent Not to Be a (Human) Being
This essay produces a paradigmatic analysis of anti-Blackness from within the history and philosophy of biology in order to explore Frantz Fanon’s concept of ontological resistance. Through developing Sylvia Wynter’s notion of the Darwinian Imaginary alongside an Afropessimist paradigmatic analysis, the paper argues that scientific humanism’s claim that the Black is “the ostensible missing link between rational humans and irrational animals” (Wyn…
Theorizing continuity and change in socialist regulation
How does regulation change in authoritarian polities that tightly control public discourse and social mobilization? Socio‐legal theories assume that regulation changes through intersubjective dialogical exchanges that persuade regulators to alter how they perceive social problems and the appropriate regulatory responses. Although this framework captures regulatory change in transparent dialogical spaces, it misses much of the regulatory story in …
Anarcha’s Science of the Flesh
This essay re-examines the life of the three enslaved Black “women” Anarcha, Lucy and Betsy at the hands of the acclaimed “Father of Modern Gynecology” J. Marion Sims through the lens of Afropessimism as a means of developing a new analytics of seeing modern scientific development. Through a critical Black studies engagement with the work of Bruno Latour and Steve Woolgar, the paper sets out to explain and expand the concept of ‘primitive accredi…
Imbibing the Future
This article explores the representation of alcohol on East German television, radio and film in the 1960s and 1970s. It analyses the state media's attempts to strike a balance between preaching moderation in the name of public health and co-opting the cultural legacy of beer, particularly for working-class men. The attempt to accomplish both goals simultaneously resulted in a seemingly contradictory programme of public messaging that reveals eff…
Theorising the Local Adaptation of Transnational Certification Standards
Over the last three decades, transnational certification standards have proliferated to fill perceived ‘governance gaps’ in developing countries. Transnational non-governmental organisations and private standards-setting agencies have developed standards that cover a vast range of areas such as labour rights, social justice and environmental protection. As a form of private transnational regulation, certification standards travel through transnat…
Legal Pluralism and the Struggle for Customary Law in the Vietnamese Highlands
For centuries, diverse groups of people living in the highlands of Southeast Asia have resisted lowland empires in China, Myanmar, Thailand, and Vietnam. The interaction between lowlanders and highlanders has been described as “internal colonization”—a process involving the absorption or displacement of highland communities and customary law. This Article draws on an empirical study to explore whether the Vietnamese Government’s new “village cove…
Developing a Public Interest Response to State-Orchestrated Corruption
As conventionally understood, anti-corruption programs rely on legal rules to define and control the abuse of official power for private gain. This study explores the limits to law-based standards of corruption where state officials obscure bribery and the abuse of power beneath a veneer of legality. Drawing on an empirical study of two public-private partnerships (PPPs) in Vietnam, it asks whether the failure of anti-corruption laws to curb malf…
From “Weak” to “Strong” Sustainability
Rapid industrialization has come at a high cost to the natural environment in Vietnam. Frustrated with regulatory inaction, Vietnamese citizens from many social backgrounds have taken direct action to protect their country’s natural environment. Most studies about environmental disputes in Vietnam have focused on large-scale conflicts, leaving smaller-scale rural disputes comparatively under researched. Drawing on in-depth interviews, this articl…
Between authoritarian governance and urban citizenship
Little is known about how claims for urban citizenship in transitional states influence urban governance. Advancing the literature, this article draws on empirical research about a tree-felling dispute in Hanoi. It argues that social media are transforming how citizens project power over city officials. Interviews showed how a combination of street protests and criticism on social media disrupted state expectations about how citizens should behav…
The Role of Emotion in Land Regulation
Scholarly interest about online advocacy in authoritarian settings is rapidly growing. With one of Asia's most active social media, Vietnam offers a promising site to investigate how online advocates navigate around state censorship to influence regulatory decisionmaking. Much research about online advocacy focuses on rational discourse, and fails to ask why satire and ridicule can change regulatory outcomes when reasoned debate fails. This artic…
Transforming Land‐Taking Disputes in Socialist Asia
Few studies have responded to the calls by sociolegal scholars to explore how disputes evolve. This article takes up the challenge by examining how intermediaries in socialist Asia resolve land‐taking disputes that are intractable for administrative appeals and courts. Exploring alternatives to state‐based dispute resolution is a pressing issue for conflicts that pit citizens against authoritarian regimes. Using in‐depth interviews, this article …
Localizing Global Competition Law in Vietnam
Global laws are an important inspiration for commercial law reforms around the world. Much analysis of this phenomenon emphasizes the capacity of regulatory élites, such as lawmakers, courts and lawyers, to adapt global laws to local conditions. What is often absent from this top-down analysis is a wide-ranging consideration of what the regulated think about global laws. This article aims to redress this shortcoming in the comparative literature …
Social Consensus and the Meta-Regulation of Land-Taking Disputes in Vietnam
Scholars have shown that Vietnam’s authoritarian regime responds to citizens. They speculate that this responsiveness may arise from rules within the party regime, citizen engagement, and a strategy that offers preferential treatment to a narrow group of supporters. This article adds to this literature by showing how intermediaries leverage their personal relationships within the party and state to circumvent formal legal and political hierarchie…
Patronage-based parties and the democratic deficit in the Philippines
No country in Asia has more experience with democratic institutions than the Philippines. Over more than a century-from the representational structures of the Malolos republic of 1898 to the holding of regular elections for local and national posts under American colonial rule, from the cacique democracy of the postwar republic to the toppling of Ferdinand Marcos and the restoration of democracy in the 1986 People Power uprising-Filipinos know bo…
Commentary
Economic and political reforms have triggered the return of individual property in socialist Asia brought these countries into the globalized economy that is characterized by legally protected property rights. Reforms have also provoked debate in the media, academic circles, and among state regulators and landholders about market values and social values, legal rights to property and how to balance infrastructure development with private interest…
Exploring the Limits of the Judicialization of Urban Land Disputes in Vietnam
Economic and legal reforms have triggered waves of conflict over property rights and access to urban land in Vietnam. In this article I develop four epistemic case studies to explore the main precepts and practices that courts must negotiate to extend their authority over land disputes. Courts face a dilemma: Do they apply state laws that disregard community regulatory practices and risk losing social relevance, or apply community notions of situ…
Legal Reforms in China and Vietnam
Testing the Limits to the “Rule of Law”
This article takes issue with conventional “rule of law” explanations for economic development that emphasize the regulatory role of the state. It draws on a detailed empirical study about entrepreneurs to show that commercial regulation in Vietnam is polycentric and that state, hybrid and non-state actors variously compete and collaborate with each other to order the regulatory space. What we conventionally recognize as the “rule of law”— state-…
Localizing Global Rules
As the pace of legal harmonization in developing East Asian states increases to comply with international trading treaties, a disjunction is forming between legislative expectations and everyday business practices. Evidence considered in this article suggests that Vietnam is no exception. State control over public discourse favors the interests of business elites, while small-scale entrepreneurs struggle to make their views known. Lawmakers expos…
Rethinking the Role of Judicial Independence in Socialist-Transforming East Asia
This article argues that judicial independence is a poor indicator of the capacity of courts effectively to resolve commercial disputes. Judicial power is a more accurate measure because it assesses whether courts have sufficient jurisdiction, discretionary authority and enforcement powers to make decisions over socially meaningful commercial problems. In fact, judicial independence may reduce the power of newly emerging commercial courts in soci…
Transplanting commercial law reform
Against a backdrop of legal globalisation, socialist transforming states such as Vietnam are reconfiguring their legal systems to engineer rapid economic development. Like Japan during the nineteenth century, Vietnam is trying to open up, industrialise and become a world force-in short to catch up with its regional neighbours and the West. Rather than waiting decades to distil commercial law from internal practices, it has decided to develop a le…
Asian Socialism and Legal Change
Although the immense process of economic and social transformation currently underway in China and Vietnam is well known, less attention has been devoted to the process of Chinese and Vietnamese legal change. Asian Socialism and Legal Change brings together experts to analyse recent developments in the legal sphere, representing the diversity and dynamism of this process. This
Asian Socialism and Legal Change
The immense process of economic and social transformation currently underway in China and Vietnam is well known & extensively documented. Less attention has been devoted to the critical process of Chinese & Vietnamese legal change In a unique comparative approach this book analyses recent developments in the legal sphere in China & Vietnam
Between authoritarian governance and urban citizenship
Little is known about how claims for urban citizenship in transitional states influence urban governance. Advancing the literature, this article draws on empirical research about a tree-felling dispute in Hanoi. It argues that social media are transforming how citizens project power over city officials. Interviews showed how a combination of street protests and criticism on social media disrupted state expectations about how citizens should behav…
The Role of Emotion in Land Regulation
Scholarly interest about online advocacy in authoritarian settings is rapidly growing. With one of Asia's most active social media, Vietnam offers a promising site to investigate how online advocates navigate around state censorship to influence regulatory decisionmaking. Much research about online advocacy focuses on rational discourse, and fails to ask why satire and ridicule can change regulatory outcomes when reasoned debate fails. This artic…
Localizing Global Rules
As the pace of legal harmonization in developing East Asian states increases to comply with international trading treaties, a disjunction is forming between legislative expectations and everyday business practices. Evidence considered in this article suggests that Vietnam is no exception. State control over public discourse favors the interests of business elites, while small-scale entrepreneurs struggle to make their views known. Lawmakers expos…
An Optimal Control Model of Arms Races
Lewis Frye Richardson's simple differential equations model of armaments races has been long criticized for its lack of incorporation of the goals of nations. Using the mathematics of optimal control theory, the authors formulate a model which incorporates national goals into an "arms balance" objective function. The goals used are based on the traditional concerns in the balance-of-power literature. From an objective function together with the R…
Exploring the Limits of the Judicialization of Urban Land Disputes in Vietnam
Economic and legal reforms have triggered waves of conflict over property rights and access to urban land in Vietnam. In this article I develop four epistemic case studies to explore the main precepts and practices that courts must negotiate to extend their authority over land disputes. Courts face a dilemma: Do they apply state laws that disregard community regulatory practices and risk losing social relevance, or apply community notions of situ…
Transforming Land‐Taking Disputes in Socialist Asia
Few studies have responded to the calls by sociolegal scholars to explore how disputes evolve. This article takes up the challenge by examining how intermediaries in socialist Asia resolve land‐taking disputes that are intractable for administrative appeals and courts. Exploring alternatives to state‐based dispute resolution is a pressing issue for conflicts that pit citizens against authoritarian regimes. Using in‐depth interviews, this article …
A Formal Analysis of Some Issues in Balance of Power Theories
Two general issues raised in discussions of balance of power theories are considered in this paper: the relationship between, on the one hand, the power ratio goals of nations and the size of the international system and, on the other hand, the system's “war propensity.” These relationships are explored through the application of differential game theory. A mathematical model is proposed in which nations are assumed to operate according to certai…
Progressions in mathematical models of international conflict
Localizing Global Competition Law in Vietnam
Global laws are an important inspiration for commercial law reforms around the world. Much analysis of this phenomenon emphasizes the capacity of regulatory élites, such as lawmakers, courts and lawyers, to adapt global laws to local conditions. What is often absent from this top-down analysis is a wide-ranging consideration of what the regulated think about global laws. This article aims to redress this shortcoming in the comparative literature …
Social Consensus and the Meta-Regulation of Land-Taking Disputes in Vietnam
Scholars have shown that Vietnam’s authoritarian regime responds to citizens. They speculate that this responsiveness may arise from rules within the party regime, citizen engagement, and a strategy that offers preferential treatment to a narrow group of supporters. This article adds to this literature by showing how intermediaries leverage their personal relationships within the party and state to circumvent formal legal and political hierarchie…
Rethinking the Role of Judicial Independence in Socialist-Transforming East Asia
This article argues that judicial independence is a poor indicator of the capacity of courts effectively to resolve commercial disputes. Judicial power is a more accurate measure because it assesses whether courts have sufficient jurisdiction, discretionary authority and enforcement powers to make decisions over socially meaningful commercial problems. In fact, judicial independence may reduce the power of newly emerging commercial courts in soci…
Transplanted Company Law
Following doi moi (renovation) market reforms in 1986, the Vietnamese government urgently required commercial laws capable of regulating the rapidly emerging private sector. Along with contract and property laws, lawmakers considered company law essential for a market-based legal framework. Since reforms could not wait the decades required to distil normative standards from local commercial practices, lawmakers turned to Western laws for inspirat…
Transforming a Nation-Dominant International System
This paper investigates the problem of system transformation. Focusing on one attribute of system structure, the distribution of power, it is shown that certain power distributions are incompatible with certain optimizing behaviors. Specifically, it is shown that if a system contains a dominant nation, a nation whose power exceeds the sum of the power of all remaining nations, and if nations optimize using stochastic inputs, then the dominant nat…
Accumulation in Arms Race Models
Testing the Limits to the “Rule of Law”
This article takes issue with conventional “rule of law” explanations for economic development that emphasize the regulatory role of the state. It draws on a detailed empirical study about entrepreneurs to show that commercial regulation in Vietnam is polycentric and that state, hybrid and non-state actors variously compete and collaborate with each other to order the regulatory space. What we conventionally recognize as the “rule of law”— state-…
Parameter estimation by numerical minimization methods
The purpose of this paper is to discuss a technique which can be used to solve estimation problems for which the more commonly accepted analytical methods such as linear regression analysis are inappropriate. The estimation method proposed consists of using computer alogrithms for numerical minimization of functions. The basic method of functional minimization is discussed and examples are provided. Various measures of fit for non‐unique solution…
Theorizing continuity and change in socialist regulation
How does regulation change in authoritarian polities that tightly control public discourse and social mobilization? Socio‐legal theories assume that regulation changes through intersubjective dialogical exchanges that persuade regulators to alter how they perceive social problems and the appropriate regulatory responses. Although this framework captures regulatory change in transparent dialogical spaces, it misses much of the regulatory story in …
Developing a Public Interest Response to State-Orchestrated Corruption
As conventionally understood, anti-corruption programs rely on legal rules to define and control the abuse of official power for private gain. This study explores the limits to law-based standards of corruption where state officials obscure bribery and the abuse of power beneath a veneer of legality. Drawing on an empirical study of two public-private partnerships (PPPs) in Vietnam, it asks whether the failure of anti-corruption laws to curb malf…
Appointments and Staff Changes
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Appointments and Staff Changes
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button
Diplomacy in a Changing World. Stephen D. Kertesz , M. A. Fitzsimons
Four Books for the Pianist
Communism in Europe
How Nations Behave
Macro-Quantitative Analysis
Macro-Quantitative Analysis Conflict, Development, and Democratization Volume I, Sage Readers in Cross-National Research
Progressions in mathematical models of international conflict
Game Theory and Politics. Steven J. Brams Games for Society, Business and War
An Optimal Control Model of Arms Races
Lewis Frye Richardson's simple differential equations model of armaments races has been long criticized for its lack of incorporation of the goals of nations. Using the mathematics of optimal control theory, the authors formulate a model which incorporates national goals into an "arms balance" objective function. The goals used are based on the traditional concerns in the balance-of-power literature. From an objective function together with the R…
Parameter estimation by numerical minimization methods
The purpose of this paper is to discuss a technique which can be used to solve estimation problems for which the more commonly accepted analytical methods such as linear regression analysis are inappropriate. The estimation method proposed consists of using computer alogrithms for numerical minimization of functions. The basic method of functional minimization is discussed and examples are provided. Various measures of fit for non‐unique solution…
Mathematical Models in International Relations
Incidence of 47,XYY males
Chromosomally normal 46,XY males can have 47,XYY male offspring as a result of fertilization of a normal ovum by a YY spermatozoon, produced by nondisjunction in the second meiotic division or by mitotic nondisjunction of the Y chromosome in early stages of embryonic development of a 46,XY fetus. If such meiotic and mitotic nondisjunctions were random events and if these were the only source of 47,XYY males in the population, the incidence of 47,…
Transforming a Nation-Dominant International System
This paper investigates the problem of system transformation. Focusing on one attribute of system structure, the distribution of power, it is shown that certain power distributions are incompatible with certain optimizing behaviors. Specifically, it is shown that if a system contains a dominant nation, a nation whose power exceeds the sum of the power of all remaining nations, and if nations optimize using stochastic inputs, then the dominant nat…
A Formal Analysis of Some Issues in Balance of Power Theories
Two general issues raised in discussions of balance of power theories are considered in this paper: the relationship between, on the one hand, the power ratio goals of nations and the size of the international system and, on the other hand, the system's “war propensity.” These relationships are explored through the application of differential game theory. A mathematical model is proposed in which nations are assumed to operate according to certai…
Accumulation in Arms Race Models
American Piano
A Bibliography of Nineteenth-Century American Piano Music, with Location, Sources and Composer Biography-Index
Piano Music II
Transplanted Company Law
Following doi moi (renovation) market reforms in 1986, the Vietnamese government urgently required commercial laws capable of regulating the rapidly emerging private sector. Along with contract and property laws, lawmakers considered company law essential for a market-based legal framework. Since reforms could not wait the decades required to distil normative standards from local commercial practices, lawmakers turned to Western laws for inspirat…
Transplanting commercial law reform
Against a backdrop of legal globalisation, socialist transforming states such as Vietnam are reconfiguring their legal systems to engineer rapid economic development. Like Japan during the nineteenth century, Vietnam is trying to open up, industrialise and become a world force-in short to catch up with its regional neighbours and the West. Rather than waiting decades to distil commercial law from internal practices, it has decided to develop a le…
Asian Socialism and Legal Change
Although the immense process of economic and social transformation currently underway in China and Vietnam is well known, less attention has been devoted to the process of Chinese and Vietnamese legal change. Asian Socialism and Legal Change brings together experts to analyse recent developments in the legal sphere, representing the diversity and dynamism of this process. This
Asian Socialism and Legal Change
The immense process of economic and social transformation currently underway in China and Vietnam is well known & extensively documented. Less attention has been devoted to the critical process of Chinese & Vietnamese legal change In a unique comparative approach this book analyses recent developments in the legal sphere in China & Vietnam
Rethinking the Role of Judicial Independence in Socialist-Transforming East Asia
This article argues that judicial independence is a poor indicator of the capacity of courts effectively to resolve commercial disputes. Judicial power is a more accurate measure because it assesses whether courts have sufficient jurisdiction, discretionary authority and enforcement powers to make decisions over socially meaningful commercial problems. In fact, judicial independence may reduce the power of newly emerging commercial courts in soci…
Localizing Global Rules
As the pace of legal harmonization in developing East Asian states increases to comply with international trading treaties, a disjunction is forming between legislative expectations and everyday business practices. Evidence considered in this article suggests that Vietnam is no exception. State control over public discourse favors the interests of business elites, while small-scale entrepreneurs struggle to make their views known. Lawmakers expos…
Political science (36 obras) · Law (31 obras) · Politics (24 obras) · Law (22 obras) · Economics (20 obras) · Sociology (19 obras) · Computer Science (17 obras) · Political economy (16 obras) · Law and economics (14 obras) · Vietnamese History and Culture Studies (12 obras)