The concern in this article is to challenge the rhetorical push toward criminalization, which has tended to dominate discussion of the state's response to exploitation of persons. This article argues that there are overlooked limitations in using the criminal law to respond to exploitation of persons. It first highlights imprecision regarding the relationship between exploitation of persons and principles for criminalization. It is argued that the logically prior question of the role of the state must be addressed, and that one strong normative basis for state action arises from republican political theory. Secondly, it exposes a set of five current challenges concerning the use of the criminal law in England and Wales to penalize exploitation, putting forward suggestions as to how they can be addressed with principled arguments. The argument in this part is that it is only by exposing and confronting these difficulties that clarity in the criminal law can be strengthened.
In Social Movements and Radical Populism in the Andes: Ecuador and Bolivia in Comparative Perspective, Jennifer N. Collins examines why the new left took the form of radical populism in Ecuador and Bolivia and how social movements were impacted by this development.
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AbstractThis article explores a paradox at the heart of New Left populism in Bolivia and Ecuador – namely, the election of populist leaders in movement societies. Employing Laclau's theory about the emergence of populism, it demonstrates how social movements, not charismatic leaders, first constructed the popular identities that laid the foundations for these regimes. In re-examining theories of populism in light of these cases, this article suggests that populism's transformative and counter-hegemonic potential needs to be given renewed attention, and that the central role of charismatic leadership should be qualified in terms of the origins of populist identity formation.
During the 1980s and 1990s public faith in democratic governance was undermined throughout the Andes by a number of factors, including the persistence of elite brokering and weak, unaccountable political parties. The entrance of social movements into the electoral process presented itself as an antidote to this problem. A comparative study of the relatively successful experience of Ecuador's Pachakutik movement and that of Bolivia in the 1980s, when members of the Katarista indigenous movement ultimately failed in their attempts to launch political parties, seeks to identify the factors that contribute to the success or failure of social movement parties and to test the idea that such parties can transform political institutions and practices in fledgling democracies. Theoretically the dissertation draws on and makes links between the social movements and political parties literatures. Data gathering involved primarily qualitative methods, including interviews, participant observation, and archival research. I argue that the contrasting outcomes between Ecuador and Bolivia can be traced to crucial differences in the historical evolution of each country's indigenous movements and, in particular, to the role the state played in fostering peasant organization. In so doing, I build on Douglass North's concept of path dependency and apply it to social movement organizational development. Somewhat surprisingly, I find that longer and more intensive state tutelage in Bolivia was associated later on with greater difficulty in developing viable social movement parties. In contrast, the more autonomous development of peasant and indigenous organizations in Ecuador, characterized by a historically more adversarial relationship with the state, resulted in stronger organizational structures, the growth of a pan-indigenous identity, and earlier success for a movement-based party, despite the smaller relative size of the indigenous population. In terms of social-movement parties' potential to contribute to democratic consolidation, a close analysis of Pachakutik's performance and organization demonstrates that these parties often develop qualitatively new models that can challenge clientelistic practices at the local level. However, this only becomes possible once they have developed key internal resources: (1) a unifying identity, (2) an autonomous democratic organizational structure, and (3) a track-record of addressing local needs