The thesis is divided into ten chapters: this introduction, eight major chapters, and a conclusion. The major chapters of the thesis can be thought of as falling to four interrelated groups. The first group (Chapters Two and Three) establishes the basis for the study by reviewing the FOI literature and providing an overview of the diffusion of FOI law. The second group (Chapters Four and Five) builds on this basis by examining the theoretical foundations for existing explanations of the diffusion of the law and presenting an alternative foundation. The third group (Chapters Six and Seven) applies transnational historical materialism on a macro-historical level that considers broad changes in state-society relations within the modern world system. Finally, the fourth group (Chapters Eight and Nine) applies transnational historical materialism to the contemporary comparative cases discussed above, examining the comparative evolution of state-society relations within them and the relationship between national and transnational factors in adoption.
The first group of chapters, which provide the basis for the study, includes Chapter Two and Chapter Three. The first of these chapters argues FOI law essentially provides a presumptive right of access to government-held information but that beyond this essential meaning the law may be thought of as an ‘empty signifier’ that gets filled by the context of each adopting country (as discussed at 2.2). This is demonstrated later in the thesis by the fact that FOI law in China, Mexico and India is understood in
67 For example, freedominfo.org provides a wealth of primary material supplied by advocates from around
the world: freedominfo.org, "Freedominfo.org: The Global Network of Freedom of Information Advocates," http://www.freedominfo.org/, (Date Accessed: 13 March, 2011).
68 For example: G. Michener, "The Surrender of Secrecy: Explaining the Emergence of Strong Access to
Information Laws in Latin America" (PhD, University of Texas, 2010), W. Xiao, "Freedom of Information Reform in China: Information Flows Analysis" (PhD, University of Tasmania, 2010).
1: Introduction
contrasting ways (see 9.4.2). Chapter Two also provides a representative overview of the FOI literature presented through identifiable themes of analysis (see 2.3). It argues that of these fields ‘socio-legal analysis’ is a potentially fruitful avenue that remains underdeveloped within the literature. The thesis is placed amongst other recent studies attempting to strengthen ‘socio-legal analysis’ (as shown at 2.4).
Chapter Three continues to establish the basis of the study by moving onto the direct research question of the thesis: the diffusion of FOI law. It first maps the historical diffusion of the law (see 3.2), and then examines statistical similarities and differences amongst adopters and between adopters and non-adopters (see 3.3). The chapter suggests there has been a trend amongst adopters over time towards increased variation on economic, social and political factors. However, in spite of this variation, the chapter also highlights a continuity of relatively high levels of globalization (measured empirically through indicators of social, political and economic integration within the world system) amongst adopters. This continuity amongst adopters is shown to represent a point of departure between adopters and non-adopters (as demonstrated at 3.3.5). Of the most globalized countries in the world, most have FOI law, while of the least globalized countries in the world, few have FOI law. The contrast of level of globalization amongst adopters and non-adopters is later supported in the thesis with an understanding of contemporary changes in the structure of states.
The second group of chapters includes Chapter Four and Chapter Five and it provides an exploration and selection of theoretical foundations. The first of these chapters explores the theoretical foundations of current explanations of the diffusion of FOI law. Chapter Four draws out the largely implicit theoretical foundations of current explanations and demonstrates the predominance of two foundations already mentioned: a ‘modernization foundation’ (as explored at 4.3), and an ‘agent foundation’ (see 4.4). While these foundations are shown to have their own strengths and weaknesses, an alternate foundation is chosen and presented in Chapter Five. ‘Transnational historical materialism’, a foundation grounded in global political economy, places the diffusion of the law and the rise of public sector transparency within an understanding of the changing nature of state institutions in modern history (see 5.2). Central to this understanding, presented in Chapter Five, is the way the state apparatus relates to society within a given
1: Introduction
33 historical context, not just within states, but amongst types of states and within historical periods of the modern world system (as elaborated at 5.3 and 5.4).
The third group of chapters begins the process of applying ‘transnational historical materialism’. It consists of Chapter Six and Chapter Seven. These chapters undertake the first method of the thesis, macro-historical analysis, as discussed above. Chapter Six focuses on the initial emergence of FOI law and its early diffusion. The chapter argues the law first emerged within a family of ‘Lockean’ states and diffused amongst ‘Lockean’ states because the relationship between state apparatuses and society within those states developed as a consensual social contract facilitating a ‘right to know’ (see 6.3). Outside these ‘Lockean’ states throughout much of modern history, Chapter Seven shows, so-called ‘Hobbesian’ states prevented the further diffusion of the law (see 6.4). Within ‘Hobbesian’ states the authority of the state apparatus overshadowed weak civil societies and prevented the development of a ‘right to know.’ Chapter Seven moves on from Chapter Six to examine the unexpected proliferation of FOI law outside ‘Lockean’ states. It shows that towards the end of the twentieth century the ‘Lockean’/‘Hobbesian’ dichotomy of modern states began to break down with the onset of globalization and the demise of Cold War divisions. ‘Hobbesian’ structures underwent a process of transformation in the context of an emergent global political economy that facilitated the further diffusion of the law (see generally 7.2, 7.3 and 7.4).
The final group of chapters focuses analysis on processes of change within ‘Hobbesian’ adopters of FOI law by conducting comparative case studies of China, Mexico and India. This group of chapters includes Chapter Eight and Chapter Nine. The first of these chapters looks at the relationship throughout the twentieth century and into the early twenty-first century between the state apparatus and society in determining public information access across the cases (see 8.3, 8.4, 8.5 and 8.6). Chapter Eight allows for a broad understanding of the historical process of change across the cases, their similarities and differences, the importance of post-Cold War globalization and the uniqueness of the contemporary break with traditions of secrecy amongst the cases. Chapter Nine then focuses more specifically on the comparative processes of adoption of FOI law amongst the cases. Each case of adoption embodies a unique combination of nation factors, such as ‘administrative reform’, ‘media advocacy’, and ‘social activism’
1: Introduction
(as shown at 9.3), but all also share a similar connection to international developments and increased transnational support through ‘norm emulation’ and ‘foreign support’ (see 9.2). With these differences and similarities in view, the adoption process generally is understood as a ‘passive revolution’ wherein each adoption is a unique national reflection of international developments, especially the development of a transnational support system for openness within the global political economy.
The thesis concludes with Chapter Ten. Conclusions of the thesis are presented in this final chapter. Chapter Ten highlights the most important findings of the thesis. First the chapter demonstrates the significance of the thesis with reference to the FOI literature (see 10.2). It argues the thesis helps build on an underdeveloped body of socio-legal analysis that provides a contextual understanding of FOI law and its place within the world. The chapter then highlights the insights provided by the thesis by the application of a theoretical foundation provided by global political economy to the question of diffusion. Transnational historical materialism provides an avenue for understanding the broad historical diffusion of FOI law within the modern world system that includes its emergence, early diffusion, contemporary proliferation and, more tentatively, its future (as mentioned at 10.3). Transnational historical materialism also provides a platform for examining the historical trends of secrecy and openness in specific states. This platform allows for a more in-depth analysis of the adoption of the law within the context of its contemporary proliferation (10.4).