Tempering Power

The Mitchell Lecture by John Braithwaite, November 9, 2018

The Baldy Center's 40th Anniversary Conference, November 10, 2018

On November 10, 2018, we hosted "Tempering Power", The Baldy Center's 40th Anniversary Conference held in conjunction with the Mitchell Lecture. On November 9, the Mitchell Lecture was delivered by John Braithwaite, the prolific and highly distinguished professor at Australian National University. His working title is “Tempered Power, Variegated Capitalism, Law and Society”.  The talk was complemented by the Baldy Center's day-long conference.

November 9, 2018



"Tempered Power, Variegated Capitalism, Law and Society"

John Braithwaite will deliver the Mitchell Lecture, at 2:00 pm., Friday, November 9, 2018. The talk is entitled, "Tempered Power, Variegated Capitalism, Law and Society".

His guiding question is how to effectively temper power in a world of variegated capitalisms, such as "industrial capitalism, service economy capitalism, Silicon Valley, Wall Street financial capitalism, security state capitalism, sitting side by side inside one set of borders.” John plans to draw mostly on labor law examples in his talk.

The talk will occur as is traditional on Friday afternoon and be followed by audience and possibly a brief panel discussion, as well as a public reception.

The talk will be complemented by our day-long conference, "Tempering Power".

About the speaker: John Braithwaite is one of the world’s greatest scholars of regulation and governance. For 40 years he has consistently led the way in understanding and improving how societies channel behavior toward the broader public good. He was a primary inventor of the concept of “responsive regulation”: regulation that considers its actual effects on both intended beneficiaries and regulated parties, and adapts accordingly, always seeking to enhance freedom and reduce domination. He has moved scholarship on crime and war, and the law enveloping them, in similar directions, working with governments, communities, movements, and scholars around the world. In this path-breaking presentation he will address the challenges of pursuing these goals in a world of “variegated capitalism” — i.e., one in which the fundamental economic structures to be dealt with vary greatly among sectors and fields, both within and among societies. Visit the website, John Braithwaite.

November 10, 2018


The Baldy Center's 40th Anniversary Conference

Celebrating 40 Years.


509 O'Brian Hall, North Campus


Bios on this page

Related Links

November 10, 2018, The Baldy Center's 40th Anniversary Conference


Conference Presenters

Mary Anne Bobinski.

Mary Anne Bobinski  

MARY ANNE BOBINSKI, University of British Columbia

"Law and Power in Health Care: Challenges to Physician Control"

Mary Anne Bobinski is a Professor at the Allard School of Law, where she served as Dean from 2003 to 2015. Before joining UBC, she was the John and Rebecca Moores Professor of Law and Director of the Health Law and Policy Institute at the University of Houston Law Center. Professor Bobinski's research and teaching interests include torts, health law, health care finance, bioethics,  legal aspects of HIV infection, and reproductive health law issues. Learn more.

Susan Bibler Coutin.

Susan Bibler Coutin

SUSAN BIBLER COUTIN, University of California, Irvine

"'Another World Is Possible’: Tempering the Power of Immigration Law through Activism, Advocacy, and Action”

Susan Bibler Coutin holds a Ph.D. in sociocultural anthropology and is professor in the Department of Criminology, Law, and Society and the Department of Anthropology at the University of California, Irvine, where she served as Associate Dean of Academic Affairs in the Graduate Division from 2010-2017.  Her research has examined social, political, and legal activism surrounding immigration issues, particularly immigration from El Salvador to the United States. Learn more.

Jessica R. Greenberg.

Jessica R. Greenberg

JESSICA R. GREENBERG, University of Illinois

"How international legal concepts gain power: A study of the European Court of Human Rights"

Jessica R. Greenberg is Director of Undergraduate Studies, and Associate Professor, College of Liberal Arts & Sciences, University of Illinois. Her research interests include Anthropology of democracy, legal anthropology, postsocialism, youth, social movements, revolution, Serbia/Balkans, Europe. Learn more.

Heinz Klug.

Heinz Klug

HEINZ KLUG, University of Wisconsin

"Transformative constitutions and the role of Integrity Institutions in tempering power: the case of resistance to state capture in post-apartheid South Africa"

Heinz Klug is Evjue-Bascom Professor of Law at the University of Wisconsin Law School and an Honorary Senior Research Associate in the School of Law at the University of the Witwatersrand, Johannesburg, South Africa. Growing up in Durban, South Africa, he participated in the anti-apartheid struggle, spent 11 years in exile and returned to South Africa in 1990 as a member of the ANC Land Commission and researcher for Zola Skweyiya, chairperson of the ANC Constitutional Committee. He was also a team member on the World Bank mission to South Africa on Land Reform and Rural Restructuring. Faculty profile.

Martin Krygier.

Martin Krygier

MARTIN KRYGIER, University of New South Wales

“What’s the Point of the Rule of Law?”

Martin Krygier is the Gordon Samuels Professor of Law and Social Theory, and Co-Director, Network for Interdisciplinary Studies of Law, UNSW Sydney (the University of New South Wales). His areas of expertise include: law and social theory; legal theory; law after communism; rule of law; normative social theory; and interactions between state and non-state law. Faculty profile.

Kwai Ng.

Kwai Ng

KWAI NG, University of California, San Diego

“The Paradox of Legal Empowerment in China”

Kwai Ng is Professor, Director of Graduate Studies, Sociology Department, UC San Diego. Kwai Ng’s research interests are sociology of law, legal language, and social theory. He has conducted field research on the grassroots courts in China and the bilingual courtrooms in Hong Kong. He has recently completed a book manuscript on the Chinese courts. Faculty profile.

Nimer Sultany.

Nimer Sultany

NIMER SULTANY, University of London

"What Good is Abstraction: From Liberal Legitimacy to Social Justice”

Nimer Sultany is Senior Lecturer in Public Law, School of Law, SOAS University of London. He has published extensively on constitutional theory, comparative constitutionalism, and Israeli jurisprudence. His book Law and Revolution: Legitimacy and Constitutionalism After the Arab Spring (Oxford University Press, 2017) won the 2018 Book Prize awarded by the International Society of Public Law and the 2018 Peter Birks Prize for Outstanding Legal Scholarship awarded by the Society of Legal Scholars. Learn more.

David A. Westbrook.

David A. Westbrook

DAVID A. WESTBROOK, University at Buffalo School of Law

“Those People Were a Kind of Solution:

Late Imperial Thoughts on the Humanization of Officialdom"

David A. Westbrook, is Louis A. Del Cotto Professor,and  Director of the New York City Program on Finance and Law, University at Buffalo School of Law. Westbrook thinks and writes about the social and intellectual consequences of contemporary political economy. His work influences numerous disciplines, including law, economics, finance, sociology, anthropology, cultural studies and design. He has spoken on six continents to academics, business and financial leaders, members of the security community, civil institutions and governments, often with the sponsorship of the U.S. State Department. Faculty profile.

Cynthia Williams.

Cynthia Williams

CYNTHIA WILLIAMS, York University, Toronto

"Institutional Investors and Climate Accountability: Should we Hope or Despair?"

Cynthia Williams is Professor (Osler Chair in Business Law), York University. Williams writes in the areas of securities law, corporate law, corporate responsibility, comparative corporate governance and regulatory theory, often in interdisciplinary collaborations with professors in anthropology, economic sociology, and organizational psychology. Faculty profile.

Peer Zumbansen.

Peer Zumbansen

PEER ZUMBANSEN, King's College, London

"Looking for Law in all the Wrong Places? The Problem of 'Background' and 'Context' in a Divided World"

Peer Zumbansen is Professor of Transnational Law & Director of the TLI, The Dickson Poon School of Law, King's College London. Zumbansen’s research is focused on private law theory, comparative and transnational law. One of his longstanding research interests has been in legal education and legal curriculum reform, with a particular emphasis on the enhancement of a more foundational as well as practice-oriented law training. Faculty profile.

About the illustration: Image courtesy of the U.S. Library of Congress. "The Tantalus of to-day" by J.S. Pughe, for Puck Magazine, 1897.  Published by Keppler & Schwarzmann, 1897. DK Remix 2018 for The Baldy Center.

The original print shows Uncle Sam as Tantalus, bound with ropes to posts labeled "High Protective Tariff" and "Free Silver Agitation" by two men labeled "Protected Manufacturer" and "Silverite"; they are preventing him from satisfying his desires for "Prosperity", depicted as a female figure holding a cornucopia, standing among factories spewing smoke, along the waterfront, across an "Ocean of Politics". Visit the LOC website.