메뉴 건너뛰기




Volumn 37, Issue 3, 2009, Pages 352-396

Commissioning legitimacy: The global logics of national violence commissions in the twentieth century

Author keywords

Collective violence; Political legitimacy; Political logics; Public inquiries; Transnationalism

Indexed keywords


EID: 70349459443     PISSN: 00323292     EISSN: 15527514     Source Type: Journal    
DOI: 10.1177/1049731509338924     Document Type: Article
Times cited : (3)

References (113)
  • 1
    • 70349477885 scopus 로고
    • Letters: Sartre on Amnesty
    • April 19
    • Sartre, Jean-Paul. Letters: Sartre on Amnesty, New York Review of Books, Vol. 20 No. 6, April 19, 1973.
    • (1973) New York Review of Books , vol.20 , Issue.6
    • Jean-Paul, S.1
  • 2
    • 0343719034 scopus 로고
    • South Africa, Commission of Enquiry into the Riots in Durban, (Pretoria: Government Printer)
    • South Africa, Commission of Enquiry into the Riots in Durban, Report of the Commission of Enquiry into the Riots in Durban (Pretoria: Government Printer, 1949), 6.
    • (1949) Report of the Commission of Enquiry into the Riots in Durban , pp. 6
  • 3
    • 0011464243 scopus 로고
    • United States, National Commission on the Causes and Prevention of Violence, (New York: Praeger)
    • United States, National Commission on the Causes and Prevention of Violence, To Establish Justice, to Insure Domestic Tranquility: The Final Report (New York: Praeger, 1970), xix.
    • (1970) To Establish Justice, to Insure Domestic Tranquility: The Final Report
  • 4
    • 70349475776 scopus 로고    scopus 로고
    • Racial power operates not only by reproducing racial categories and meanings per se but by reproducing them in the form of a distinct racial order
    • I use the term in a manner akin to Claire Jean Kim, who suggests that, (New Haven, CT: Yale University Press)
    • I use the term in a manner akin to Claire Jean Kim, who suggests that racial power operates not only by reproducing racial categories and meanings per se but by reproducing them in the form of a distinct racial order. Bitter Fruit: The Politics of Black-Korean Conflict in New York City (New Haven, CT: Yale University Press, 2000), 10.
    • (2000) Bitter Fruit: The Politics of Black-Korean Conflict in New York City , pp. 10
  • 8
    • 70349474134 scopus 로고
    • Introduction
    • In the mid-1930s, a scholar of the British royal commission wrote that such has been the wide extension of their [Commissions of Inquiry] use that the Dominions. . . may be regarded as more definitely committed to this procedure than Great Britain herself, in, ed. Arthur Cole and Hugh Clokie (Cambridge, MA: Harvard University Press)
    • In the mid-1930s, a scholar of the British royal commission wrote that such has been the wide extension of their [Commissions of Inquiry] use that the Dominions. . . may be regarded as more definitely committed to this procedure than Great Britain herself. H. M. Clokie, Introduction, in A Finding-list of Royal Commission Reports in the British Dominions, ed. Arthur Cole and Hugh Clokie (Cambridge, MA: Harvard University Press, 1939).
    • (1939) A Finding-list of Royal Commission Reports in the British Dominions
    • Clokie, H.M.1
  • 11
    • 70349476600 scopus 로고
    • Social Knowledge and Public Policy: Sociological Perspectives on Four Presidential Commissions
    • See, in, ed. M. Komarovsky (New York: Elsevier)
    • See Robert Merton, Social Knowledge and Public Policy: Sociological Perspectives on Four Presidential Commissions, in Sociology and Public Policy: The Case of Presidential Commissions, ed. M. Komarovsky (New York: Elsevier, 1975).
    • (1975) Sociology and Public Policy: The Case of Presidential Commissions
    • Merton, R.1
  • 12
    • 70349477024 scopus 로고    scopus 로고
    • See, Claims about commissions' democratic character are often made by commission members themselves
    • See, e.g., Hanser, Guide to Decision. Claims about commissions' democratic character are often made by commission members themselves.
    • Guide to Decision
    • Hanser, C.J.1
  • 14
    • 22744444301 scopus 로고    scopus 로고
    • Parrhesiastic Accountability: Investigatory Commissions and Executive Power in an Age of Terror
    • For a recent example, see Jonathan Simon's argument that American presidential commissions can foster the ability of the public to speak truth to power, thus enhancing the accountability of state officials
    • For a recent example, see Jonathan Simon's argument that American presidential commissions can foster the ability of the public to speak truth to power, thus enhancing the accountability of state officials, Parrhesiastic Accountability: Investigatory Commissions and Executive Power in an Age of Terror, Yale Law Journal 114, no. 6 (2005): 1419-58.
    • (2005) Yale Law Journal , vol.114 , Issue.6 , pp. 1419-58
  • 17
    • 70349477882 scopus 로고
    • It cannot be stressed sufficiently that Royal Commissions of inquiry and similar investigations are in the first place political instruments used by the government of the day for its own ends, be that to exculpate itself, to nail political enemies to the cross, or to clean up an Augean stable in a government bureau or department
    • For instance, as, put it in a study of Australian royal commissions, (Melbourne: LaTrobe University Press)
    • For instance, as D. H. Borchardt put it in a study of Australian royal commissions, It cannot be stressed sufficiently that Royal Commissions of inquiry and similar investigations are in the first place political instruments used by the government of the day for its own ends, be that to exculpate itself, to nail political enemies to the cross, or to clean up an Augean stable in a government bureau or department. Commissions of Inquiry in Australia: A Brief Survey (Melbourne: LaTrobe University Press, 1991), 55.
    • (1991) Commissions of Inquiry in Australia: A Brief Survey , pp. 55
    • Borchardt, D.H.1
  • 18
    • 70349478011 scopus 로고
    • (London: Virago), Webb later served on the 1905 British Royal Commission on the Poor Laws, to which she submitted a famously powerful dissenting report
    • Beatrice Webb, The Diary, Vol. 2, 1892-1905 (London: Virago, 1983), 25. Webb later served on the 1905 British Royal Commission on the Poor Laws, to which she submitted a famously powerful dissenting report.
    • (1983) The Diary, Vol. 2, 1892-1905 , pp. 25
    • Webb, B.1
  • 19
    • 84971154347 scopus 로고
    • Protest as a Political Resource
    • Michael Lipsky, Protest as a Political Resource, American Political Science Review 62, no. 4 (1968): 1144-58.
    • (1968) American Political Science Review , vol.62 , Issue.4 , pp. 1144-58
    • Lipsky, M.1
  • 20
    • 70349477883 scopus 로고    scopus 로고
    • The Complex Relationship between Inquiries and Public Controversy
    • Legal scholar, notes, Policy-seeking lends itself to 'horse-trading' in fashioning recommendations, in, ed. Allan Manson and David Mullen (Toronto: Irwin Law)
    • Legal scholar Liora Salter notes, Policy-seeking lends itself to 'horse-trading' in fashioning recommendations. The Complex Relationship between Inquiries and Public Controversy, in Commissions of Inquiry: Praise or Reappraise, ed. Allan Manson and David Mullen (Toronto: Irwin Law, 2003).
    • (2003) Commissions of Inquiry: Praise or Reappraise
    • Salter, L.1
  • 23
    • 70349475306 scopus 로고
    • I have not attempted to condense the corpus of cross-national commission literature into these notes but rather have selected an illustrative sample. On national uniqueness, for instance, one study of Indian commissions notes that though based on a British model, The inquiry by the commission under the Indian Act is a class by itself and is perhaps unique in the whole world. There can be no comparison with any other inquiry or by any other agency as regards object, purpose, nature, method and result., (New Delhi, India: Ashish)
    • I have not attempted to condense the corpus of cross-national commission literature into these notes but rather have selected an illustrative sample. On national uniqueness, for instance, one study of Indian commissions notes that though based on a British model, The inquiry by the commission under the Indian Act is a class by itself and is perhaps unique in the whole world. There can be no comparison with any other inquiry or by any other agency as regards object, purpose, nature, method and result. J. Sarkar Sarma, Commissions of Inquiry: Practice and Principle (New Delhi, India: Ashish, 1990).
    • (1990) Commissions of Inquiry: Practice and Principle
    • Sarma, J.S.1
  • 24
    • 70349478152 scopus 로고
    • The administrative function of committees in local government in Britain is not capable of being understood apart from the context of the nature and status of local authorities in the constitution of the country
    • Commission scholars focused on a particular nation often refer to shared historical roots but discount the possibility of cross-national comparisons by invoking claims of differences in political systems. Many draw on a logic consistent with K. C. Wheare's classic study of government committees in Britain:, (Oxford, UK: Clarendon)
    • Commission scholars focused on a particular nation often refer to shared historical roots but discount the possibility of cross-national comparisons by invoking claims of differences in political systems. Many draw on a logic consistent with K. C. Wheare's classic study of government committees in Britain: The administrative function of committees in local government in Britain is not capable of being understood apart from the context of the nature and status of local authorities in the constitution of the country. Government by Committee: An Essay on the British Constitution (Oxford, UK: Clarendon, 1955).
    • (1955) Government by Committee: An Essay on the British Constitution
  • 25
    • 70349474407 scopus 로고    scopus 로고
    • Lipsky and Olson's excellent aforementioned account of American riot commissions-which analyzes federal, state, and local commissions-asserts that they must be understood, in part, in the context of America's unique history of race relations
    • Lipsky and Olson's excellent aforementioned account of American riot commissions-which analyzes federal, state, and local commissions-asserts that they must be understood, in part, in the context of America's unique history of race relations.
  • 26
    • 70349476599 scopus 로고    scopus 로고
    • For instance, the informal procedures that govern how the members of American presidential commissions are appointed have shifted over the twentieth century from almost exclusive control by the executive to a process involving greater congressional input
    • For instance, the informal procedures that govern how the members of American presidential commissions are appointed have shifted over the twentieth century from almost exclusive control by the executive to a process involving greater congressional input.
  • 27
    • 70349475473 scopus 로고    scopus 로고
    • (unpublished manuscript), (accessed September 15)
    • David Kettler, Was Adam Smith a Reaganite? (unpublished manuscript). http://www.bard.edu/contestedlegacies/kettler/works.shtml (accessed September 15, 2008).
    • (2008) Was Adam Smith a Reaganite?
    • Kettler, D.1
  • 28
    • 70349474669 scopus 로고    scopus 로고
    • The Politics of Riot Commissions, 1917-1970: A Collection of Official Reports and Critical Essays 1971
    • Numerous exemplars can be found in Anthony M. Platt, ed., (New York: Macmillan)
    • Numerous exemplars can be found in Anthony M. Platt, ed., The Politics of Riot Commissions, 1917-1970: A Collection of Official Reports and Critical Essays (New York: Macmillan, 1971). For an illuminating analysis of the depoliticization of violence in a local commission, see Robin Wagner-Pacifici, Discourse and Destruction: The City of Philadelphia versus MOVE (Chicago: University of Chicago Press, 1994).
  • 29
    • 0003702503 scopus 로고
    • For an illuminating analysis of the depoliticization of violence in a local commission, see, (Chicago: University of Chicago Press)
    • For an illuminating analysis of the depoliticization of violence in a local commission, see Robin Wagner-Pacifici, Discourse and Destruction: The City of Philadelphia versus MOVE (Chicago: University of Chicago Press, 1994)
    • (1994) Discourse and Destruction: The City of Philadelphia versus MOVE
    • Wagner-Pacifici, R.1
  • 30
    • 70349474665 scopus 로고
    • The state is a relation of men dominating men, a relation supported by means of legitimate (i.e., considered to be legitimate) violence. If the state is to exist, the dominated must obey the authority claimed by the powers that be
    • There is broad agreement that control over legitimate violence is fundamental to state power and that states are reluctant to enter into routine public negotiations concerning the boundaries of official violence. This dual proposition can be seen in Max Weber's classic statement of the relationship of violence to the state:, H. H. Gerth and C. W. Mills, eds., (New York: Oxford University Press)
    • There is broad agreement that control over legitimate violence is fundamental to state power and that states are reluctant to enter into routine public negotiations concerning the boundaries of official violence. This dual proposition can be seen in Max Weber's classic statement of the relationship of violence to the state: The state is a relation of men dominating men, a relation supported by means of legitimate (i.e., considered to be legitimate) violence. If the state is to exist, the dominated must obey the authority claimed by the powers that be. H. H. Gerth and C. W. Mills, eds., From Max Weber: Essays in Sociology (New York: Oxford University Press, 1958), 78.
    • (1958) From Max Weber: Essays in Sociology , pp. 78
  • 31
    • 70349474531 scopus 로고    scopus 로고
    • This includes royal commissions in Australia and Canada, presidential commissions in the United States, federal investigatory commissions in South Africa, and both royal commissions and tribunals of inquiry in Britain. For more information on the tribunal model, see note 67
    • This includes royal commissions in Australia and Canada, presidential commissions in the United States, federal investigatory commissions in South Africa, and both royal commissions and tribunals of inquiry in Britain. For more information on the tribunal model, see note 67.
  • 32
    • 38149139936 scopus 로고
    • I use the term ethno-national to include the common early-century tendency to treat national heritage as a marker of one's behavioral dispositions. Such tendencies are particularly evident in the debates surrounding German national culture during World War I. See, e.g., (Paris: A. Colin)
    • I use the term ethno-national to include the common early-century tendency to treat national heritage as a marker of one's behavioral dispositions. Such tendencies are particularly evident in the debates surrounding German national culture during World War I. See, e.g., Émile Durkheim, Germany Above All: German Mentality and War (Paris: A. Colin, 1915).
    • (1915) "Germany Above All": German Mentality and War
    • Durkheim, É.1
  • 34
    • 70349474132 scopus 로고
    • South Africa, Witwatersrand Disturbances Commission, (Pretoria: Government Printing and Stationery Office)
    • South Africa, Witwatersrand Disturbances Commission, Report of the Witwatersrand Disturbances Commission (Pretoria: Government Printing and Stationery Office, 1913), 61.
    • (1913) Report of the Witwatersrand Disturbances Commission , pp. 61
  • 35
    • 0034770756 scopus 로고    scopus 로고
    • Gender, Degeneration and Sexual Danger: Imagining Race and Class in South Africa, ca. 1912
    • Timothy Keegan, Gender, Degeneration and Sexual Danger: Imagining Race and Class in South Africa, ca. 1912, Journal of Southern African Studies 27 no. 3 (2001): 460.
    • (2001) Journal of Southern African Studies , vol.27 , Issue.3 , pp. 460
    • Keegan, T.1
  • 36
    • 70349477023 scopus 로고    scopus 로고
    • To be sure, there are a number of borderline cases-particularly in the postwar period-when, as I discuss, commissions often sought to minimize the language of ingrained racial or ethnic differences. In general, to be included, a commission had to (a) be rooted in a violent event or events explicitly acknowledged to have a racial or ethnic component and/or explicitly address ostensible differences between racial or ethnic groups, (b) specifically address violent events and/or the nature of legitimate violence, and (c) involve a violent act or allegation of abuse committed against more than a single individual.
    • To be sure, there are a number of borderline cases-particularly in the postwar period-when, as I discuss, commissions often sought to minimize the language of ingrained racial or ethnic differences. In general, to be included, a commission had to (a) be rooted in a violent event or events explicitly acknowledged to have a racial or ethnic component and/or explicitly address ostensible differences between racial or ethnic groups, (b) specifically address violent events and/or the nature of legitimate violence, and (c) involve a violent act or allegation of abuse committed against more than a single individual. Thus, commissions broadly concerned with Aboriginal peoples were excluded if they did not explain discrete violent events; commissions were included if their initial impetus was explicitly tied to violent events that explicitly involved an ethnic character and/or if it directly addressed the legal limits of state violence. Category c was employed because acts of violence against a single person are far more likely to be traced to individual wrongdoers-and thus unlikely to call governing legitimacy into question.
  • 37
    • 70349475474 scopus 로고    scopus 로고
    • Also excluded is the second Bloody Sunday Inquiry, in Britain. More than a decade after its appointment and as of this writing, the inquiry had not released its final report
    • Also excluded is the second Bloody Sunday Inquiry, in Britain. More than a decade after its appointment and as of this writing, the inquiry had not released its final report.
  • 38
    • 20844458957 scopus 로고    scopus 로고
    • From Poverty to Perversity: Ideas, Markets, and Institutions over 200 Years of Welfare Debates
    • For a discussion, see
    • For a discussion, see Margaret Somers and Fred Block, From Poverty to Perversity: Ideas, Markets, and Institutions over 200 Years of Welfare Debates, American Sociological Review 70, no. 2 (2005).
    • (2005) American Sociological Review , vol.70 , Issue.2
    • Somers, M.1    Block, F.2
  • 39
    • 70349477884 scopus 로고    scopus 로고
    • Throughout my discussion, I reproduce, in quotations, the terminology used in the report itself to describe the groups or individuals in question. Given my focus on logics of explanation, my descriptions of events also entirely rely on the reports themselves and are not attempts to assess the accuracy of their claims
    • Throughout my discussion, I reproduce, in quotations, the terminology used in the report itself to describe the groups or individuals in question. Given my focus on logics of explanation, my descriptions of events also entirely rely on the reports themselves and are not attempts to assess the accuracy of their claims.
  • 40
    • 70349476723 scopus 로고    scopus 로고
    • The Bondelzwarts resided within former German South West African territory, which had been parceled out to South Africa under the terms of the Versailles Treaty
    • The Bondelzwarts resided within former German South West African territory, which had been parceled out to South Africa under the terms of the Versailles Treaty.
  • 42
    • 70349475603 scopus 로고    scopus 로고
    • The commission also investigated the possibility that Morris's travels to the Bondelzwarts were part of a plot organized by an agitator who happened to reside in nearby South African territory
    • The commission also investigated the possibility that Morris's travels to the Bondelzwarts were part of a "plot" organized by an "agitator" who happened to reside in nearby South African territory.
  • 49
    • 0009237197 scopus 로고
    • Great Britain, Palestine Royal Commission, Geneva, Switzerland: League of Nations
    • Great Britain, Palestine Royal Commission, Report of the Palestine Royal Commission (Geneva, Switzerland: League of Nations, 1937), 117.
    • (1937) Report of the Palestine Royal Commission , pp. 117
  • 50
    • 0004012982 scopus 로고
    • (New York: Vintage)
    • Edward Said, Orientalism (New York: Vintage, 1994).
    • (1994) Orientalism
    • Said, E.1
  • 52
    • 70349477021 scopus 로고    scopus 로고
    • The specific events mentioned involved clashes that arose in the midst of a funeral procession for a Jewish resident who had allegedly been killed by an Arab resident
    • The specific events mentioned involved clashes that arose in the midst of a funeral procession for a Jewish resident who had allegedly been killed by an Arab resident.
  • 53
    • 70349474406 scopus 로고    scopus 로고
    • In the commission's view, the Arab population was most in need of developmental guidance and financial assistance. But even the Jewish population, the commission asserted, was not prepared to accept the consequences of full independence
    • In the commission's view, the Arab population was most in need of developmental guidance and financial assistance. But even the Jewish population, the commission asserted, was not prepared to accept the consequences of full independence.
  • 56
    • 17244368090 scopus 로고
    • Race and Race Theory
    • Howard Winant, Race and Race Theory, Annual Review of Sociology 26, no. 1 (1990): 169-85. On a similar turn in anthropological theory, see Lee D. Baker, From Savage to Negro: Anthropology and the Construction of Race, 1896-1954 (Berkeley: University of California Press, 1998).
    • (1990) Annual Review of Sociology , vol.26 , Issue.1 , pp. 169-85
    • Winant, H.1
  • 58
    • 70349476872 scopus 로고    scopus 로고
    • This is not to imply that it was only social scientists who were involved in the report. The commission members were drawn from the usual commission suspects- prominent politicians, business leaders, heads of educational institutions, and so on. Similarly, lawyers were employed as staff or consultants. Nevertheless, in reading the report, the social scientific influence is sharply evident
    • This is not to imply that it was only social scientists who were involved in the report. The commission members were drawn from the usual commission suspects- prominent politicians, business leaders, heads of educational institutions, and so on. Similarly, lawyers were employed as staff or consultants. Nevertheless, in reading the report, the social scientific influence is sharply evident.
  • 59
    • 68149178205 scopus 로고
    • For a discussion of Myrdal's influence generally, see David Southern's excellent work, (Baton Rouge: Louisiana State University Press)
    • For a discussion of Myrdal's influence generally, see David Southern's excellent work, Gunnar Myrdal and Black-White Relations: The Use and Abuse of an American Dilemma, 1944-1969 (Baton Rouge: Louisiana State University Press, 1987).
    • (1987) Gunnar Myrdal and Black-White Relations: The Use and Abuse of an American Dilemma, 1944-1969
  • 60
    • 0034360533 scopus 로고    scopus 로고
    • Clinton's Race Initiative: Recasting the American Dilemma
    • For a brief overview and extension forward to Bill Clinton's racial initiatives, see
    • For a brief overview and extension forward to Bill Clinton's racial initiatives, see Claire Jean Kim, Clinton's Race Initiative: Recasting the American Dilemma, Polity 33, no. 2 (2000): 175-97.
    • (2000) Polity , vol.33 , Issue.2 , pp. 175-97
    • Kim, C.J.1
  • 63
    • 70349474667 scopus 로고    scopus 로고
    • Officially, the National Commission on the Causes and Prevention of Violence
    • Officially, the National Commission on the Causes and Prevention of Violence.
  • 64
    • 36148974636 scopus 로고    scopus 로고
    • National Commission on the Causes and Prevention of Violence
    • National Commission on the Causes and Prevention of Violence, To Establish Justice, 61.
    • To Establish Justice , pp. 61
  • 65
    • 70349475302 scopus 로고    scopus 로고
    • The need is not so much for the government to design new programs as it is for the nation to generate new will
    • The commission remarked that government action alone would not solve the problem and that, Kerner Commission, But the centricity of government action was clear throughout the report, as when the commission noted in closing that the principal burden for funding the programs we have proposed will fall upon the Federal Government (455)
    • The commission remarked that government action alone would not solve the problem and that the need is not so much for the government to design new programs as it is for the nation to generate new will. Kerner Commission, Report of the National Advisory, 412. But the centricity of government action was clear throughout the report, as when the commission noted in closing that the principal burden for funding the programs we have proposed will fall upon the Federal Government (455).
    • Report of the National Advisory , pp. 412
  • 66
    • 70349474400 scopus 로고
    • On Riots and Riot Commissions: Civil Disorders in the 1960s
    • Though the Eisenhower Commission was more explicit in its attribution of pathology to dissenting groups, so too was Myrdal critiqued (most famously by Ralph Ellison) for characterizing black culture as a pathological response to white oppression. Such convergences in the treatment of marginalized groups led Historian Hugh Davis Graham to describe the collective ethos of the late 1960s commissions as embodying a pluralistic perspective which viewed the behavior of mass society in social-psychological terms of anomic pathology, like suicide and crime, which reflected the failure of the uprooted and alienated to adjust to rapid social change
    • Though the Eisenhower Commission was more explicit in its attribution of pathology to dissenting groups, so too was Myrdal critiqued (most famously by Ralph Ellison) for characterizing black culture as a pathological response to white oppression. Such convergences in the treatment of marginalized groups led Historian Hugh Davis Graham to describe the collective ethos of the late 1960s commissions as embodying a pluralistic perspective which viewed the behavior of mass society in social-psychological terms of anomic pathology, like suicide and crime, which reflected the failure of the uprooted and alienated to adjust to rapid social change. On Riots and Riot Commissions: Civil Disorders in the 1960s, Public Historian 2, no. 4 (1990): 17.
    • (1990) Public Historian , vol.2 , Issue.4 , pp. 17
  • 67
    • 0004017765 scopus 로고
    • Official Discourse: On Discourse Analysis, Government Publications, Ideology and the State
    • The use of judicial rhetoric was common among commissions or tribunals organized in the context of violence in Northern Ireland during this period. Several British scholars accordingly characterized the quasi-judicial mode of legitimation as the dominant representation of official discourse of the era. See (London: Routledge). By contrast, at roughly the same time, American scholars were suggesting that quasi-social scientific narratives were the central mode of legitimation in riot commission discourses. Although the split between the two modes did not hold over historical time, the rapid transition from one mode to another, in combination with the temporal unevenness of commission appointments, unquestionably bolstered the conclusion that commissions are national in character
    • The use of judicial rhetoric was common among commissions or tribunals organized in the context of violence in Northern Ireland during this period. Several British scholars accordingly characterized the quasi-judicial mode of legitimation as the dominant representation of official discourse of the era. See Frank Burton and Pat Carlen, Official Discourse: On Discourse Analysis, Government Publications, Ideology and the State (London: Routledge, 1979). By contrast, at roughly the same time, American scholars were suggesting that quasi-social scientific narratives were the central mode of legitimation in riot commission discourses. Although the split between the two modes did not hold over historical time, the rapid transition from one mode to another, in combination with the temporal unevenness of commission appointments, unquestionably bolstered the conclusion that commissions are national in character.
    • (1979)
    • Burton, F.1    Carlen, P.2
  • 68
    • 70349475774 scopus 로고    scopus 로고
    • Dating at least from 1960, South African violence commissions were overwhelmingly composed of a single judicial member-as was the 1972 British Tribunal into the events of Bloody Sunday. All of the Australian and Canadian violence commissions appointed during the post-1975 period either were headed by or had a majority of members who hailed from the legal profession
    • Dating at least from 1960, South African violence commissions were overwhelmingly composed of a single judicial member-as was the 1972 British Tribunal into the events of Bloody Sunday. All of the Australian and Canadian violence commissions appointed during the post-1975 period either were headed by or had a majority of members who hailed from the legal profession.
  • 69
    • 70349476727 scopus 로고
    • Australia, Laverton Royal Commission (Perth: William C. Brown, Government Printer)
    • Australia, Laverton Royal Commission, Report of the Laverton Royal Commission (Perth: William C. Brown, Government Printer, 1976), 83.
    • (1976) Report of the Laverton Royal Commission , pp. 83
  • 70
    • 33747173541 scopus 로고
    • The Tribunal of Inquiry, which emerged in its modern form in Britain in the 1890s, is an explicitly quasi-judicial body that has typically been used to investigate specific allegations of malfeasance in government. Given this organizational structure, one might be led to wonder how it could produce anything but a logic of misrule or correction. But this is precisely the point: the choices governments make in determining which form of investigation to appoint are-like the explanatory logics-embedded within dominant ideas concerning what caused violence and the legitimacy of particular modes of explanation. For a history of the tribunal, see, (London: Museum Press)
    • The Tribunal of Inquiry, which emerged in its modern form in Britain in the 1890s, is an explicitly quasi-judicial body that has typically been used to investigate specific allegations of malfeasance in government. Given this organizational structure, one might be led to wonder how it could produce anything but a logic of misrule or correction. But this is precisely the point: the choices governments make in determining which form of investigation to appoint are-like the explanatory logics-embedded within dominant ideas concerning what caused violence and the legitimacy of particular modes of explanation. For a history of the tribunal, see George W. Keeton, Trial by Tribunal: A Study of the Development and Functioning of the Tribunal of Inquiry (London: Museum Press, 1960).
    • (1960) Trial by Tribunal: A Study of the Development and Functioning of the Tribunal of Inquiry
    • Keeton, G.W.1
  • 71
    • 70349477022 scopus 로고    scopus 로고
    • A fourteenth civilian later died from injuries sustained
    • A fourteenth civilian later died from injuries sustained.
  • 72
    • 70349476725 scopus 로고    scopus 로고
    • In the tribunal's words, Some are wholly acquitted of complicity in such action; but there is a strong suspicion that some others had been firing weapons or handling bombs in the course of the afternoon and that yet others had been closely supporting them
    • In the tribunal's words, Some are wholly acquitted of complicity in such action; but there is a strong suspicion that some others had been firing weapons or handling bombs in the course of the afternoon and that yet others had been closely supporting them.
  • 73
    • 70349474534 scopus 로고    scopus 로고
    • The use of paraffin tests as evidence of discharging a weapon had been controversial at least since the early 1960s, when they played a controversial role in the investigation of John F. Kennedy's assassination
    • The use of paraffin tests as evidence of discharging a weapon had been controversial at least since the early 1960s, when they played a controversial role in the investigation of John F. Kennedy's assassination.
  • 75
    • 70349474128 scopus 로고    scopus 로고
    • There are numerous critiques of the tribunal on these grounds; perhaps one of the most devastating is a 1997 report of the Irish government, which proceeds through the report on a nearly line-by-line basis. See Ireland, (accessed September 15)
    • There are numerous critiques of the tribunal on these grounds; perhaps one of the most devastating is a 1997 report of the Irish government, which proceeds through the report on a nearly line-by-line basis. See Ireland, Bloody Sunday and the Report of the Widgery Tribunal. http://www.taoiseach.gov.ie/index.asp?docID=206 (accessed September 15, 2008).
    • (2008) Bloody Sunday and the Report of the Widgery Tribunal
  • 76
    • 70349475604 scopus 로고
    • The attempt to bring history and politics into the equation is well exemplified by the Irish Republican Socialist Party's response to the tribunal: Blood stained the pavements and barricades of Free Derry because. . . the minority within this artificial six county statelet had been denied their basic human rights since the inception of Stormont, which in turn had its roots based in eight hundred years of British military, cultural and economic interference. Derry Irish Republican Socialist Party, (Derry, UK: Starry Plough Publications)
    • The attempt to bring history and politics into the equation is well exemplified by the Irish Republican Socialist Party's response to the tribunal: Blood stained the pavements and barricades of Free Derry because. . . the minority within this artificial six county statelet had been denied their basic human rights since the inception of Stormont, which in turn had its roots based in eight hundred years of British military, cultural and economic interference. Derry Irish Republican Socialist Party, Sunday Bloody Sunday (Derry, UK: Starry Plough Publications, 1978).
    • (1978) Sunday Bloody Sunday
  • 77
    • 70349478149 scopus 로고
    • Laverton Royal Commission, Report, 201. The Laverton Commission took its rhetorical cue, at least in part, from a prior investigation into the events which had been appointed by the government of Western Australia. That investigation took an explicitly social approach to explanation. See Joint Laverton Study Group, (Perth: William C. Brown, Government Printer)
    • Laverton Royal Commission, Report, 201. The Laverton Commission took its rhetorical cue, at least in part, from a prior investigation into the events which had been appointed by the government of Western Australia. That investigation took an explicitly social approach to explanation. See Joint Laverton Study Group, Report of the Laverton Joint Study Group (Perth: William C. Brown, Government Printer, 1975).
    • (1975) Report of the Laverton Joint Study Group
  • 78
    • 70349475771 scopus 로고    scopus 로고
    • Introduction to volume 2, part C, The report is available, as of September 15, at
    • Introduction to volume 2, part C, The Report of the Royal Commission into Aboriginal Deaths in Custody. The report is available, as of September 15, 2008, at http://www.austlii.edu.au/au/other/IndigLRes/rciadic/
    • (2008) The Report of the Royal Commission into Aboriginal Deaths in Custody
  • 79
    • 70349478287 scopus 로고    scopus 로고
    • Critical Reflections upon the Royal Commission into Aboriginal Deaths in Custody
    • Elena Marchetti, Critical Reflections upon the Royal Commission into Aboriginal Deaths in Custody, McQuarrie Law Journal 5 (2005): 103-25.
    • (2005) McQuarrie Law Journal , vol.5 , pp. 103-25
    • Marchetti, E.1
  • 80
    • 70249133506 scopus 로고    scopus 로고
    • For a discussion of centers of gravity as an analytic tool, see chap. 1 of Patrick Carroll's (Berkeley: University of California Press)
    • For a discussion of centers of gravity as an analytic tool, see chap. 1 of Patrick Carroll's Science, Culture, and State Formation (Berkeley: University of California Press, 2006).
    • (2006) Science, Culture, and State Formation
  • 81
    • 0003770930 scopus 로고    scopus 로고
    • My conceptualization of commissions' explanatory logics also drew inspiration from John R. Hall's account of cultures of inquiry, (Cambridge, UK: Cambridge University Press)
    • My conceptualization of commissions' explanatory logics also drew inspiration from John R. Hall's account of cultures of inquiry. Cultures of Inquiry: From Epistemology to Discourse in Sociohistorical Research (Cambridge, UK: Cambridge University Press, 1999)
    • (1999) Cultures of Inquiry: From Epistemology to Discourse in Sociohistorical Research
  • 82
    • 84924203488 scopus 로고    scopus 로고
    • Ideas and Trends: Commissions Are Fine, but Rarely What Changes the Lightbulb
    • A recent account in this vein from the New York Times suggested that commissions follow a well-practiced routine: press conferences are held, members toast one another and receive thanks from the president, and the report is promptly relegated to a dusty shelf in the archives., October 30
    • A recent account in this vein from the New York Times suggested that commissions follow a well-practiced routine: press conferences are held, members toast one another and receive thanks from the president, and the report is promptly relegated to a dusty shelf in the archives. David E. Rosenbaum, Ideas and Trends: Commissions Are Fine, but Rarely What Changes the Lightbulb, New York Times, October 30, 2005.
    • (2005) New York Times
    • Rosenbaum, D.E.1
  • 83
    • 70349474403 scopus 로고    scopus 로고
    • Securing Accountability through Commissions of Inquiry: A Role for the Law Commission of Canada
    • in, ed. Allan Manson and David Mullen (Toronto: Irwin Law)
    • Robert Centa and Patrick Macklem, Securing Accountability through Commissions of Inquiry: A Role for the Law Commission of Canada, in Commissions of Inquiry: Praise or Reappraise, ed. Allan Manson and David Mullen (Toronto: Irwin Law, 2003), 83.
    • (2003) Commissions of Inquiry: Praise or Reappraise , pp. 83
    • Centa, R.1    Macklem, P.2
  • 84
    • 70349475307 scopus 로고    scopus 로고
    • The report did refer to engaging in an ideological battle overseas and contained vague assessments of policies toward specific foreign countries. But it articulated no distinct vision of American foreign policy. The specificity of its account left it virtually no grounds for doing so
    • The report did refer to engaging in an ideological battle overseas and contained vague assessments of policies toward specific foreign countries. But it articulated no distinct vision of American foreign policy. The specificity of its account left it virtually no grounds for doing so.
  • 85
    • 70349474130 scopus 로고    scopus 로고
    • Indeed, even the Johnson administration did not foresee the Kerner Commission's outcome. Johnson was reportedly disgruntled that the commission failed to recognize the positive impact of his administration's War on Poverty programs and that it failed to recognize the political sacrifices he had made in supporting the passage of civil rights legislation. He mentioned the report in only a scant few public commentaries after its release
    • Indeed, even the Johnson administration did not foresee the Kerner Commission's outcome. Johnson was reportedly disgruntled that the commission failed to recognize the positive impact of his administration's War on Poverty programs and that it failed to recognize the political sacrifices he had made in supporting the passage of civil rights legislation. He mentioned the report in only a scant few public commentaries after its release.
  • 86
    • 0004254117 scopus 로고
    • New York: Harcourt & Brace
    • Hanna Arendt, On Violence (New York: Harcourt & Brace, 1970), 75.
    • (1970) On Violence , pp. 75
    • Hanna, A.1
  • 89
    • 70349478377 scopus 로고    scopus 로고
    • Commission of Enquiry into the Riots in Durban
    • Commission of Enquiry into the Riots in Durban, Report, 12.
    • Report , pp. 12
  • 90
    • 70349475586 scopus 로고    scopus 로고
    • Royal Commission into the Affray at Goaribari Island
    • Royal Commission into the Affray at Goaribari Island, Report, 24.
    • Report , pp. 24
  • 91
    • 70349478151 scopus 로고    scopus 로고
    • This commission is difficult to classify. I listed it as a "compensation" commission since that was precisely its function. The commission was similar to a logic of misrule insofar as it de facto assumed that the federal government was responsible for damages sustained. But it cannot be classified as a logic of misrule because, first, the commission demurred from assessing who or what was responsible for the riots; it simply assumed the compensatory role (a separate commission analyzed immigration and discussed white fears in light of apparently increasing immigration rates, but it, too, avoided directly assessing the causes of the "riots"). Second, it treated the Japanese residents of Vancouver not as Canadian citizens or residents but as citizens of Japan. Since Japanese residents were seen as foreign nationals, there was no correlative body of recommendations suggesting the deepening of government efforts to effectively communicate its civilizing aims to them
    • This commission is difficult to classify. I listed it as a "compensation" commission since that was precisely its function. The commission was similar to a logic of misrule insofar as it de facto assumed that the federal government was responsible for damages sustained. But it cannot be classified as a logic of misrule because, first, the commission demurred from assessing who or what was responsible for the riots; it simply assumed the compensatory role (a separate commission analyzed immigration and discussed white fears in light of apparently increasing immigration rates, but it, too, avoided directly assessing the causes of the "riots"). Second, it treated the Japanese residents of Vancouver not as Canadian citizens or residents but as citizens of Japan. Since Japanese residents were seen as foreign nationals, there was no correlative body of recommendations suggesting the deepening of government efforts to effectively communicate its civilizing aims to them.
  • 98
    • 70349478272 scopus 로고    scopus 로고
    • Commission on the Rebellion of the Bondelzwarts
    • Commission on the Rebellion of the Bondelzwarts, Report, 32.
    • Report , pp. 32
  • 99
    • 70349476726 scopus 로고    scopus 로고
    • This commission is difficult to classify. It faulted agents of the police, the military, and a nonstate organization (the Ossewa-Brandweg), so it cannot be considered a logic of misrule that centrally focused on the actions of individual agents of the state. It did, however, fault the Ossewa-Brandweg, in part for its failure to adhere to traditional "Afrikaaner values", so it cannot be considered a logic of correction. It is also interesting to note that although in the 1916 Commission on the Rebellion in South Africa the "well-known characteristics of the Dutch people in South Africa" were considered antidemocratic, in this 1941 commission, and as the government was seeking unity concerning its support of England in World War II, the "Dutch people" were suggested to be inherently democratic
    • This commission is difficult to classify. It faulted agents of the police, the military, and a nonstate organization (the Ossewa-Brandweg), so it cannot be considered a logic of misrule that centrally focused on the actions of individual agents of the state. It did, however, fault the Ossewa-Brandweg, in part for its failure to adhere to traditional "Afrikaaner values", so it cannot be considered a logic of correction. It is also interesting to note that although in the 1916 Commission on the Rebellion in South Africa the "well-known characteristics of the Dutch people in South Africa" were considered antidemocratic, in this 1941 commission, and as the government was seeking unity concerning its support of England in World War II, the "Dutch people" were suggested to be inherently democratic.
  • 101
    • 70349478150 scopus 로고
    • South Africa, Commission Appointed to Enquire into the Disturbances of the 30th August, 1947, at the Moroka Emergency Camp, Johannesburg, (Pretoria: Government Printer)
    • South Africa, Commission Appointed to Enquire into the Disturbances of the 30th August, 1947, at the Moroka Emergency Camp, Johannesburg, Report of the Commission of Enquiry into the Disturbances at Moroka, Johannesburg on the Twentieth August, 1947 (Pretoria: Government Printer, 1947).
    • (1947) Report of the Commission of Enquiry into the Disturbances at Moroka, Johannesburg on the Twentieth August, 1947
  • 102
    • 70349476852 scopus 로고    scopus 로고
    • Commission of Enquiry into the Riots in Durban
    • Commission of Enquiry into the Riots in Durban, Report, 13.
    • Report , pp. 13
  • 106
    • 70349476484 scopus 로고    scopus 로고
    • For a thorough discussion of the commission, see, (New Haven, CT: Yale University Press)
    • For a thorough discussion of the commission, see Philip H. Frankel, An Ordinary Atrocity: Sharpeville and Its Massacre (New Haven, CT: Yale University Press, 2001).
    • (2000) An Ordinary Atrocity: Sharpeville and Its Massacre
  • 108
    • 70349474654 scopus 로고    scopus 로고
    • Kerner Commission
    • Kerner Commission, Report, 203, 266.
    • Report
  • 109
    • 70349475476 scopus 로고    scopus 로고
    • National Commission on the Causes and Prevention of Violence
    • National Commission on the Causes and Prevention of Violence, To Establish Justice, xiii, 61.
    • To Establish Justice , vol.xiii , pp. 61
  • 110
    • 0346274792 scopus 로고
    • United States President's Commission on Campus Unrest, (Washington, DC: Government Printing Office)
    • United States, President's Commission on Campus Unrest, The Report of the President's Commission on Campus Unrest (Washington, DC: Government Printing Office, 1970), 93.
    • (1970) The Report of the President'S Commission on Campus Unrest , pp. 93


* 이 정보는 Elsevier사의 SCOPUS DB에서 KISTI가 분석하여 추출한 것입니다.