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Article

Courts and Social Policy  

Jeb Barnes

How do courts affect social policy? Answering this question is deceptively complex. Part of the challenge stems from the sheer scope of contemporary judicial policymaking, particularly in the United States, where litigation reaches into nearly every nook and cranny of the American welfare state and casts a shadow on policy issues ranging from marriage equality to healthcare reform. Another obstacle is that scholars remain deeply divided on fundamental questions about the nature of judicial decisions and how their policy effects should be studied. These disagreements, in turn, have engendered three very different approaches to studying the role of courts in social policy that often talk past each other. The dominant approach views judicial decisions as prescriptive rules—legal commands from the bench—and asks: To what extent do judicial decisions change policy? This view implies that judicial decisions are “treatments” whose efficacy should be tested by measuring shifts in policy outcomes from the pre- to post-treatment period or across treatment and control groups. An alternative tradition envisages judicial decisions as a potential resource, which can be used by activists as leverage in building movements and pursuing agendas in multiple forums. Here, the core question is not whether court decisions produce abrupt policy shifts, but how activists use these decisions to challenge the status quo, mobilize interests, and generate pressure for policy change. A third approach sees legal precedent as a constitutive framework that shapes and constrains policymaking and its politics over time. The test for whether law matters under this approach centers on the degree to which judicial decisions influence the developmental trajectories of policy and politics, which includes consideration of paths not taken in the policymaking process. That is not to say that the literature is wholly discordant. Despite their significant conceptual differences, these approaches tend to converge on the general idea that judicial policymaking shares many attributes with other policymaking processes: the implementation of judicial decisions, like statues and regulations, is contested and subject to capture by sophisticated interests; litigation, like lobbying, is a form of mobilization that seeks to translate policy grievances into effective political demands; judicial precedents, like other policies, generate policy feedback. Identifying similarities between judicial policymaking and its counterparts is a signature achievement in the study of courts and social policy, which has largely dispelled the “myth of rights” and simplistic notions that the law is somehow removed from politics. Yet it arguably has had an unintended effect. Normalizing judicial policymaking—making it seem like other types of policymaking—threatens to render it less interesting as a distinct topic for research. This article suggests the time has come for all of the various research traditions in the field to return to foundational questions about what makes judicial policymaking distinctive, and systematically study how these particular tilts and tendencies influence the continuing colloquy that drives the policymaking process.

Article

Islamism and Party Politics in Indonesia  

Dirk Tomsa

The inclusion-moderation theory posits that radical parties will abandon their most extreme goals and become more moderate in ideology and behavior if they are included in competitive electoral politics. The case of Indonesia confirms many assumptions of this theory, demonstrating that Islamist parties can indeed become more moderate as a result of their inclusion in formal electoral politics. Certain supporting conditions, however, may need to be in place, and even if moderation does occur it may not always be conducive to the quality of democracy. In Indonesia, the first experiment with including Islamist parties in electoral politics in the 1950s failed, but when democracy was eventually restored in 1998, the evolution of the two main Islamist parties that established themselves in the party system followed what proponents of the inclusion-moderation theory would expect. Both the United Development Party (Partai Persatuan Pembangunan) and the Prosperous Justice Party (Partai Keadilan Sejahtera) abandoned their original goals of turning Indonesia into an Islamic state based on sharia law. Like other radical parties in similar political contexts, they moderated in response to institutional incentives and immersion in parliamentary and cabinet politics. By the time Indonesia started preparing for the 2019 elections, both parties were basically mainstream conservative Islamic parties, which, in view of their behavioral and to a lesser extent ideological moderation, should no longer be considered Islamist parties. However, the moderation of these parties has not led to a deepening of Indonesian democracy. On the contrary, while Islamist parties moved to the center, ostensibly secular parties moved increasingly to the right, supporting religiously conservative initiatives and policies, and forming alliances with Islamist actors outside the party spectrum. Thus, Indonesia underwent a process of Islamization despite the moderation of its Islamist parties.

Article

Spain’s LGBT Movement  

Kerman Calvo and J. Ignacio Pichardo

The LGBT movement has been successful in improving the legal and social standing of sexual minorities in Spain; this includes the recognition of same-sex marriages, joint adoption, and the right to change identification in public registers. The movement has also contributed to a wider acceptance of LGBT diversity at the societal level. LGBT mobilizations in Spain started in the 1970s, with the transition toward democracy. The first political generation of activists believed in gay liberation, supported revolutionary ideas, and defended street protesting. This did not prevent activists from seeking collaboration with the state, as urgent legal action was required to end the criminalization of homosexual relations. After a decade of demobilization, a new generation of activists revamped LGBT activism in Spain during the 1990s, again with a well-defined political agenda: reacting to the devastation caused by AIDS, and also to the changes taking place in the international stage, the new “proud” generation demanded not only individual rights, but also family rights. The legalization of same-sex marriage (and joint adoption) in 2005 was the outcome of a vibrant cycle of mobilization. Contrary to some expectations, the Spanish LGBT movement has not become the victim of its own success. By shifting its attention toward the goal of substantive equality and by reaching out to new communities, the movement remains influential and vigilant against threats posed by the consolidation of new forms of conservative countermobilization.

Article

Electoral Violence and Political Competition in Africa  

Liisa Laakso

Electoral violence in Africa has garnered a lot of attention in research on African politics. Violence can be the result of manipulation of the electoral process or a reaction to that manipulation. While there is an agreement to distinguish it from the wider political violence by its timing with elections and motivation to influence their outcome, the analysis of its types, content, and impacts varies. There are different assessments of whether repetition of elections reduces violence or not. Elections in Africa are more often marred with violence than elections in other continents, but there is lots of variation between African countries, within countries, and even from one election to another. In addition to well-judged use and development of the existing datasets, qualitative methods and case studies are also needed. Much of the literature combines both approaches. In the analysis of the factors, causes, and contexts of electoral violence, researchers utilize distinct frameworks: emphasizing historical experiences of violence, patrimonial rule and the role of the “big man,” political economy of greed and grievance, as well as weak institutions and rule of law. All of them point to intensive competition for state power. Preelection violence often relates to the strategies of the government forces and their supporters using their powers to manipulate the process, while post-election riots typically follow in the form of spontaneous reactions among the ranks of the losing opposition. Elections are not a cause of the intensive power competition but a way to organize it. Thus, electoral violence is not an anomaly but rather a manifestation of the ongoing struggle for free and fair elections. It will be an issue for researchers and practitioners alike in the future as well.

Article

Judicial Impact  

Thomas M. Keck and Logan Strother

Scholars have long been interested in judicial impact—the ability of courts to meaningfully alter policy or politics—because judicial decisions shape law, have the potential to affect many people, and may even implicate democracy in a fundamental sense. Classic studies in this tradition concern the degree to which actors outside the court comply with judicial decrees, such as whether or not (or to what extent) schools desegregated in the wake of Brown v. Board of Education. However, scholars working in a variety of other traditions have likewise examined the impact of judicial decisions, though they have not always used those terms. For example, advocates of interbranch analysis have situated courts within broader ongoing policy processes, and in so doing have documented repeated instances in which policy outcomes were altered by the actions of lawyers and judges. Likewise, students of legal mobilization have documented the sometimes constitutive effects of legal ideas on a wide range of political identities, attitudes, and behaviors. In short, the concept of impact includes a variety of ways in which courts influence politics, and the field of judicial impact studies will continue to benefit from a vital diversity of methods of inquiry, subjects of analysis, and conceptions of law.

Article

Civil War and Religion: Salafi-Jihadist Groups  

Emil Aslan Souleimanov

Reflecting on the recent rise of Salafi groups and their impact on civil war, the academic literature on Salafi radicalization, mobilization, and recruitment has burgeoned in the recent decade and a half. Yet little consensus exists as to the relative power of three major causes: grievances, ideology, and radical milieu and support structures as causes of violent radicalization. Even less is known about how jihadist foreign fighters affect civil wars in terms of conflict intensity and resolution. In both fields, key debates are identified in the recent scholarship, explain the major shortcomings and gaps, and suggest avenues of future research. For instance, it is important—and hardly avoidable—that epistemological and ontological obstacles lay in the way of establishing the causes of (violent) radicalization, because the processes relating to the change of human perception and behavior are extremely difficult to trace. Another point is the frequent—deliberate or unintended—distortion of the testimonies of former combatants, not least Salafi-jihadists, which makes the task of establishing the causes of (violent) radicalization and recruitment harder. Identifying avenues of further research, there is a lack of quality first-hand data in the current research on Salafi-inspired radicalization, mobilization, and recruitment. More methodological plurality—particularly in-depth ethnographic studies and quantitative work—is needed, as well as more research on virtual social networks and non-verbal contents.

Article

Femicidio and Feminicidio Laws in Latin America  

Pamela Neumann

Femicidio refers to the murder of a woman because of her gender. Feminicidio emphasizes the role of the state in enabling these crimes and the impunity with which they are treated. Feminist legal activism and the development of supranational and regional human rights instruments throughout the 1990s and 2000s were essential to the development of femicidio/feminicidio laws across Latin America. As of 2018, such laws were in effect in 18 countries across the region. However, the precise content and scope of laws criminalizing femicidio/feminicidio vary. For example, in the case of Mexico, transnational feminist legal activism, including a case brought before the Inter-American Human Rights Court, was essential to shaming the Mexican state into codifying feminicidio. This process was facilitated by the presence of feminist legislators within the Mexican legislature, who advocated for such legislation. In the case of Nicaragua and Peru, local feminist advocacy and copious documentation of the scope of the problem of femicidio/feminicidio proved more significant in the ultimate codification of femicidio/feminicidio. However, the legal advances against gender violence achieved in Nicaragua in 2012 were subsequently undone due to pressure from men’s rights and religious conservatives, leading to the weak implementation of the law criminalizing femicidio.

Article

HIV/AIDS Politics and Policy in U.S. States and Localities  

Patricia Siplon

From the earliest days of its recognition in the United States, the condition that came to be known as acquired immunodeficiency syndrome (AIDS) has been associated with the gay community. In fact, when the U.S. Centers for Disease Control and Prevention (CDC) first made written notice of the syndrome in 1981, the acronym GRID (gay-related immune disease) was commonly, although not officially, used to describe it. In the five years that followed, the causal agent, human immunodeficiency virus (HIV), was discovered, specific demographic groups were identified as at heightened risk of infection, and transmission routes—including sexual activity, intravenous drug use, and transfusion of blood and blood products—were determined. Identification of HIV with the gay community as a major risk group had important ramifications for prevention and treatment policy, as the community mobilized a rights-based approach that advocated harm reduction over abstinence and access and affordability of treatment over the interests of the private market. These concepts carried into later debates as the world recognized the global severity of HIV and grappled for the first time ever with a goal of universal treatment access in the world’s poorest countries where the pandemic is most severe. Identification of HIV with values, conceptual structures, leadership, and mobilization drawn from the gay community also had ramifications on the social and political contexts of AIDS treatment and prevention globally, as governments and cultures that had ignored or demonized their gay populations have increased their interactions with them as “risk groups” and as political actors. Despite the remarkable inroads made into accessibility of treatment, the world remains without a vaccine, a cure, or the political will to fully implement universal treatment access, which means that eradication of the global pandemic remains elusive.

Article

Women and Terrorism  

Mia Bloom

Women are playing an increasingly significant role in terrorism. As men are progressively targeted by security personnel, using female operatives provides terrorist organizations with a “win–win” scenario; if security forces avoid invasively searching women for fear of outraging the local conservative population (based on social norms of women’s modesty and the honor code), women are the ideal stealth operatives. If security personnel are too aggressive in searching women, they aid terrorist recruitment by outraging the men in that society and providing the terrorists with propaganda that “our women” are being violated. In most conflicts, women remain an untapped resource. Recruiting women allows terrorist organizations to access an additional 50% of the population. Attacks by females generate greater media attention than those conducted by men. This is especially relevant when media attention is one of the terrorists’ main objectives. Although women’s involvement in terrorist and extremist activities is not a recent development, their presence as frontline activists, propagandists, and recruiters is increasing around the globe.

Article

Courts and Rule of Law in Developing Countries  

Lisa Hilbink and Matthew C. Ingram

Under what conditions can courts be effective and the rule of law be meaningful in developing countries? A vast literature has emerged over the past several decades seeking to understand the factors that support or impede healthy judicial functioning in developing countries, as well as those that account for its stagnation and erosion. Scholars analyze four phenomena that shape the judicial role in politics: empowerment, activation, behavior, and impact. Works on judicial empowerment analyze identifiable moments of change in formal, de jure rules governing the jurisdiction, independence, accessibility, and efficiency of legal institutions, whether at the constitutional or at the legislative level. Studies of activation examine when, how, and why actors identify particular harms or grievances as legal wrongs and pursue litigation as a means of redress. Judicial behavior studies address how and why judges vote on issues or rule on cases, either individually or collectively as collegial bodies, with a particular eye to the factors that enable or constrain independent judicial decision-making. In developing countries, scholars have also begun analyzing off-bench judicial behavior. A final category of research on courts in developing countries seeks to assess the impact of judicial behavior on political processes, policy outcomes, and society at large. Compliance is a major focus of such works, but scholars also seek to understand how court decisions transform the way social actors frame their struggles and mobilize politically, and to assess the promise and pitfalls of the judicialization of politics. The great variation within and between the vast category of developing countries greatly complicates the task of building general theory on any of the four outcomes. This variation reveals that the assumptions of dominant theories hold more tenuously in less- institutionalized contexts, where information is less clear or complete and is under shorter time horizons, and where the costs are lower for flouting the law or interfering with courts. These observations signal the need to delimit or moderate theoretical arguments about core relationships of interest according to political and economic conditions and contexts. Yet insights regarding developing countries might become increasingly relevant for understanding judicial politics in developed countries, as politics in developed countries take on features more common to developing countries, including polarization, populism, and even authoritarian tendencies like open attacks on political opponents, press, courts, and independent investigative agencies.

Article

Resource Mobilization Among Religious Activists  

Christopher Chapp

The concept of resource mobilization helps explain how and why religious beliefs and attachments can become a political force. Religious actors achieve their political aims only when they are able to mobilize resources on behalf of a particular cause. While material resources are perhaps the most intuitive prerequisite for social movement success, what sets religious activism apart is not access to capital, but rather activists’ ability to leverage organizational, moral, cultural, and human resources. Religious groups ranging from local churches to broad-based parachurch organizations take advantage of organizational resources to support their goals. Religious activists also leverage moral resources by reframing a cause in appropriate moral terms to spur potential supporters into action or gain direct institutional access. Cultural resources, particularly civic skills that are developed in apolitical contexts, are regularly adapted and appropriated to achieve political objectives. And, human resources such as local congregational leadership are an important factor in political movements ranging from the American civil rights movement to the prolife movement.

Article

War and Religion: An Overview  

Jason Klocek and Ron E. Hassner

Although largely ignored by international relations scholars until the 21st century, religion has been and remains a pervasive social force both on and off the battlefield. It affects how combatants mobilize and prepare for war. It regulates how they fight, including unit organization and strategic decision making. In addition, religious identities, beliefs, practices, and symbols shape how and when combatants pursue peace. The study of religion and war seeks to discover and understand these varied influences, even when religion is not the pretext for fighting.

Article

Democracy in the Crucible of Conflict  

Robert Ralston and Ronald R. Krebs

The field of international relations has long focused on understanding and explaining the causes of war. In contrast, scholars have devoted relatively little attention to war’s consequences. However, scholarly literature on the consequences of violent conflict, including its effects on liberal democracy, has burgeoned and improved in recent decades, since the 1990s. Existing research shows that security threats, mobilization, and warfare are neither entirely negative nor entirely positive with respect to liberal democracy. On the one hand, in the short run, these pressures erode liberal institutions and values. On the other hand, large-scale mobilization and warfare—both interstate and civil—encourage broader and more intense participation at the individual level and strengthen participation’s structural foundations. However, despite recent advances, there remains much that we still do not know, which suggests promising avenues for future research. The existing literature has not sufficiently or systematically distinguished among the effects of threat/insecurity, mobilization, and warfare. It has been stronger on empirical findings than on developing the mid-range theories and causal mechanisms that would make sense of those findings. It has been firmer on conflict’s impact on individual attitudes and predilections than on how and when violence reshapes larger political processes and structures. It has had more to say about conflict’s short-run effects than its long-term effects, especially with respect to contestation. The impact of violent conflict on liberal democracy remains a rich soil for future research.

Article

Party Politics and LGBT Issues in the United States  

Melissa R. Michelson and Elizabeth Schmitt

Political parties are a core feature of the American political system, and partisan identification is a major determinant of both individual attitudes and political behavior. Since the beginning of the 21st century, the major political parties in the United States have become increasingly polarized, and partisan affect has intensified, with individuals more hostile toward the opposing party. This increased polarization and tendency to follow elite cues has also affected LGBT politics. Among openly LGBT candidates for political office, almost all have run as Democrats. In June 2018 only 2.9% of openly LGBT elected officials in the country were affiliated with the Republican Party. Outreach to LGBT voters by Democratic candidates has increased over time; in contrast, Republican candidates have been generally hostile to LGBT people and issues. This growing gap in outreach is reflected in vote choice patterns. Since 1988, at least two-thirds of LGBT voters have supported the Democratic nominee for president. In the 2016 election, 78% of LGBT voters supported the Democratic nominee for president, Hillary Clinton, while only 14% supported Republican Donald Trump. In the 2018 midterm elections LGBT voters favored Democratic candidates by a margin of 82% to 17%. LGBT interest groups also tend to be affiliated with the Democratic Party, with the notable exception of the Log Cabin Republicans. Until the 1990s, most straight Americans were not interested in or aware of LGBT public policy issues, but today the members of both political parties reflect the increased partisan polarization of the country. Democrats are more likely to support same-sex relationships and marriage, laws protecting LGBT people from discrimination, transgender rights, and other supportive policies; Republicans, in contrast, are more opposed to those policies and support religious exemptions from antidiscrimination laws. This increased sorting among the LGBT public reflects an increasingly salient national divide between the two major political parties, including their understandings of LGBT identity. Democrats have for several decades understood LGBT identity as permanent (that people are born that way) and thus deserving of maximum legal protection. In contrast, many more Republicans understand LGBT as a choice or as a result of one’s upbringing and environment and thus not a basis for claims for equal rights. This represents a shift over time; in 1977, only 13% of Americans believed that homosexuality was something that people were born with. As more Americans became familiar with the science demonstrating that being gay is genetic and not a “lifestyle choice,” a partisan split emerged. Scholarship suggests partisanship is likely driving acceptance of the science. Regardless of the cause of the partisan split on the nature vs. nurture debate on LGBT identity, that split is reflected in the increasingly large differences between representation of LGBT people in elected office, in party support for LGBT policies, and in LGBT partisanship.

Article

Mormon Mobilization in Contemporary U.S. Politics  

Matthew R. Miles and Jason M. Adkins

In 2012, the Republican Party selected a Mormon, Mitt Romney, as their nominee for U.S. president. After decades of persecution and suspicion, many felt like the LDS Church was finally being accepted as a mainstream religion and an equal player on the national political stage. From a different perspective, the “acceptance” of the LDS Church by the U.S. government and the Republican Party has come at a tremendous cost. Unlike those who joined other religious denominations in America, 19th century converts to The Church of Jesus Christ of Latter-day Saints gave everything they had to the church. The 19th-century LDS Church controlled not just the political, but the economic, social, and religious aspects of its members’ lives. The LDS Church has traded immense power over a few dedicated members for a weaker political voice in the lives of millions more members. From this perspective, the LDS Church has never been more politically weak than they were in the 2012 presidential election. Previous LDS Church presidents endorsed non-Mormon candidates Cleveland, Taft, and Nixon more enthusiastically than President Monson endorsed Mitt Romney—one of his own. In the 20th century, the power of the LDS Church over the lives of its members has waned considerably, significantly hindering the institutional church’s ability to politically mobilize its congregants. Even in Utah, only the most ardent LDS Church members are swayed by the political dictates of LDS Church leaders.

Article

Urban Popular Movements in Latin America  

Paul Dosh

In Latin America, urban popular movements emerged in the late 1940s as thousands of low-income migrants and city residents banded together to claim land, build self-help housing, and forge neighborhood organizations that fomented community participation and mobilized to demand land titles and city services. These neighborhoods were characterized by informal housing; inadequate provision of electricity, water, sanitation, transportation, and social services; and informal employment and underemployment. During the authoritarianism of the 1960s and 1970s, some urban popular movements resisted military dictatorship while others forged clientelist ties. Democratic and authoritarian leaders alike were forced to deal with the steady influx of rural migrants to cities, and regimes of all types often came to view informal neighborhoods founded by urban popular movements as an acceptable solution to some of the challenges of urbanization. In the 1980s and 1990s, neoliberal privatization of public utilities and cuts to social safety nets harmed urban popular movements, but national and local democratization expanded some avenues of participation, and the regional trend of urban popular movements expanded in numbers and extended its geographic reach. In the 2000s, socialist “Pink Tide” governments delivered benefits to low-income sectors, and many popular sectors supported these leftist regimes. Material gains proved modest, however, and state-movement alliances were rocky, leaving urban popular movements in the awkward position of being dissatisfied with national leadership, yet preferring the Pink Tide incumbents to most alternatives. And in the 2010s, a new “right turn” emerged, as conservative leaders replaced many Pink Tide presidents, threatening to reintroduce the repressive over-policing of popular sectors. Throughout these periods, the core conceptual identity of some urban popular movements shifted from the poblador (the “founder” seeking to meet his or her family’s needs) to the vecino (the “neighbor” collaborating with other movement participants through collective efforts), to the ciudadano (the empowered “citizen” who recognizes his or her needs as rights to be secured through political engagement).

Article

Social Identity in Decisions to Protest  

Bert Klandermans and J. Van Stekelenburg

Social identity processes play a crucial role in the dynamics of protest, whether as antecedents, mediators, moderators, or consequences. Yet, identity did not always feature prominently in the social or political psychology of protest. This has changed—a growing contingent of social and political psychologists is involved now in studies of protest behavior, and in their models the concept of identity occupies a central place. Decades earlier students of social movements had incorporated the concept of collective identity into their theoretical frameworks. The weakness of the social movement literature on identity and contention, though, was that the discussion remained predominantly theoretical. Few seemed to bother about evidence. Basic questions such as how collective identity is formed and becomes salient or politicized were neither phrased nor answered. Perhaps social movement scholars did not bother too much because they tend to study contention when it takes place and when collective identities are already formed and politicized. Collective identity in the social movement literature is a group characteristic in the Durkheimian sense. Someone who sets out to study that type of collective identity may look for such phenomena as the group’s symbols, its rituals, and the beliefs and values its members share. Groups differ in terms of their collective identity. The difference may be qualitative, for example, being an ethnic group rather than a gender group; or quantitative, that is, a difference in the strength of collective identity. Social identity in the social psychological literature is a characteristic of a person. It is that part of a person’s self-image that is derived from the groups he or she is a member of. Social identity supposedly has cognitive, evaluative, and affective components that are measured at the individual level. Individuals differ in terms of social identity, again both qualitatively (the kind of groups they identify with) and quantitatively (the strength of their identification with those groups). The term “collective identity” is used to refer to an identity shared by members of a group or category. Collective identity politicizes when people who share a specific identity take part in political action on behalf of that collective. The politicization of collective identity can take place top-down (organizations mobilize their constituencies) or bottom-up (participants in collective action come to share an identity). In that context causality is an issue. What comes first? Does identification follow participation, or does participation follow identification?

Article

Dynamics, Endogeneity, and Complexity in Protest Campaigns  

Karen A. Rasler

There is an argument that nonviolent civil resistance or protest campaigns should be studied as dynamic and complex phenomenon, rather than a single case comprised of various attributes, such as size, scale, and scope, which are then compared with other cases. As protest campaigns have increased all over the world during the last few years, international relations scholars have begun to devote more time and resources to studying them systematically with new data projects and analytical tools and methods. In light of this emerging research program, one needs to understand that protest campaigns contain large-scale processes of political contention that evolve across time and space. Such evolutionary processes are the result of the interactive relationships among multiple governmental and nongovernmental actors. These interactions reflect “highly interdependent sets of actions and reactions” that generate causal mechanisms and intersect with other large-scale processes which can produce similar and dissimilar outcomes across different political contexts. An argument will be advanced that a “relational mechanisms-process” approach articulated by McAdam, Tarrow, and Tilly provides analytical leverage over such complexity. Most, international relations scholars, unlike social movement scholars, are not familiar with this approach. So, the effort herein is to not only make the case for a relational mechanisms-process approach but also to illustrate it with a partial analysis of the Egyptian uprising on January 25, 2011, which led to Mubarak’s resignation. The end result is a call for theoretical and empirical research that bridges two communities of scholars, one that is dominated by sociologists (social movement scholars) and the other that is dominated by political science (international relations political violence scholars).