Debating Same-Sex Marriage: Lessons from <Emphasis Type="Italic">Loving</Emphasis>, <Emphasis Type="Italic">Roe</Emphasis>, and <Emphasis Type="Italic">Reynolds</Emphasis>

The United States Supreme Court, in its 2015 Obergefell v. Hodges decision, declared a constitutional right to same-sex marriage (SSM). With Republicans now controlling the Congress and presidency, and with value-traditionalists and ‘strict’ constitutionalists influencing the party’s legislative agenda and judicial nominees, Obergefell’s future and the contours of SSM rights are uncertain. Proponents assume the decision will delegitimate opponents, just as Loving v. Virginia (1967) accelerated the delegitimation of racial segregationists. SSM opponents counter with the Court’s 1973 Roe v. Wade ruling and argue that, like Roe, Obergefell undermines the democratic process, which is better suited to resolve a highly-charged moral dispute. Like Roe, Obergefell will not resolve the debate but, instead, trigger a durable opposition. We add a third possible path, drawing on the evolving public discourse on polygamy since the Supreme Court upheld prohibitions in Reynolds v. United States (1878). The politics of polygamy shows that, if SSM opponents are delegitimated, they may reemerge as legitimate participants in the public sphere. These paths offer insights into uncertainties, contingencies, and predictions regarding the durability of SSM resistance and other oppositional movements. They also lead to revisionist interpretations of the effect on public discourse flowing from these three seminal court decisions. The politics of interracial marriage (after Loving) shunned the losing political faction from the public forum, while those of abortion (after Roe), and, recently, polygamy, illustrate a more vibrant, pluralist model of deliberation. Whether SSM opponents will mimic a Roe model, or follow the trajectory of Loving or Reynolds, is now the question.     

U.S. Tobacco Control: Public Health,Political Economy,or Morality Policy?

Tobacco control policy usually has been framed in terms of public health and political economy, but it also has been called a morality issue. Through a systematic historical analysis, this paper examines dimensions of morality policy and evaluates tobacco control in the United States for its fit with those characteristics. Moral concerns have been a part of tobacco control policy at certain times, first in the early twentieth century, and, more recently, since the mid‐1980s with the rise of “denormalization” of tobacco as a goal of some antitobacco organizations. Drawing from recent studies of other “morality” policy issues, it argues that tobacco control is a “blended” issue, one which can take on different dimensions depending on successful interest group framing. The adoption of Healthy Public Policy as a governmental goal has coincided with a movement toward a “secular morality” in the political culture, facilitating a broader appeal to the public.     

Issue Framing and Engagement: Rhetorical Strategy in Public Policy Debates

Conventional wisdom and scholarly research indicate that to win a policy debate political actors should frame the issue strategically—that is, selectively highlight considerations that mobilize public opinion behind their policy position. Engaging the opponent in a dialogue (i.e., focusing on the same considerations) is portrayed as a suboptimal strategy because political actors forfeit the ability to structure the debate. Using over 40 public opinion polls and a detailed content analysis of news stories, I examine the use of framing and engagement strategies during the 1993–94 debate over health care reform. The analysis shows that engagement was more effective at increasing support for reform than framing. This study is the first to document the role of engagement in a policy debate, and it extends work showing that this strategy is more common in election campaigns than scholars once suspected.

Expanding the scope and content of morality policy research: lessons from Moral Foundations Theory

Scholars have not precisely defined morality policy, and Smith (Policy Stud J 30(3):379–395, 2002) urged an empirical taxonomy be used to identify those policies. We argue that Moral Foundations Theory offers a methodology for empirically identifying issues with moral content. We inventory 15 issues in parliamentary studies of “conscience” voting, 14 morality policies in western democracies compiled by Studlar (in: Mooney (ed) The public clash of private values: the politics of morality policy, Chatham House Publishers, New York, 2001), and then survey MFT empirical studies to identify 22 issues with moral content. Based on this universe of 37 issues, three journals are content analyzed to determine the coverage given them and to outline productive lines for future research.     

The four Ps of corporate political activity: a framework for environmental analysis and corporate action

• In this paper, I propose a new integrated framework which may be used to conduct a thorough analysis of a firm's political environment. The four steps of the methodology include the problem (how a political problem emerges and can be shaped by actors), the procedure (the public decision‐making procedure), the policies (relevant public policies currently implemented) and the players (including policy‐makers as well as participants in the political debate). Together, they form what I call the ‘Four Ps of corporate political activity’.
• This framework can serve not only for environmental analysis and monitoring, but also to improve the effectiveness of a firm's attempts in the field of political influence, through actions such as arena selection, issue framing, the use of procedural opportunities, proactive negotiation of a compromise or gate‐keeping the political arena.

Copyright © 2009 John Wiley & Sons, Ltd.     

Three-Fifths a Racist: A Typology for Analyzing Public Opinion About Race

Is race politics primarily about symbolic racism, principled conservatism, or group conflict? After almost three decades, this debate among some of our best scholars seems scarcely closer to resolution, yet the theoretical, empirical, and normative issues at stake remain enormous. All three parties to the debate falsely assume that the causal structure driving opinion about race policy is homogenous. I reorient and advance the debate by showing how a methodological shift to a data-driven taxonomy of subjects can elucidate how race politics really is complex. I use this taxonomy to run new analyses, and to explain and assess the seemingly contradictory results of previous contributions to the debate. Each of the major parties to the debate is partially right in their account of public opinion about race politics, but about independently identifiable sub-sets of subjects.     

The Reemerging Concern over Air Pollution in China: the Smog of the State’s Efforts to Guide Public Opinion

In January 2012, Beijing began releasing air quality report of PM 2.5. The move has been credited as a major breakthrough in China’s environmental governance as it is argued that online environmental activists in China were the major driving force behind it. Since then, the issue of air pollution has reemerged as one of the hottest issues and a series of new policies addressing air pollution have been adopted. Facing a relatively new phenomenon (wumai) and heightened public concerns, to what extent is the state still capable of guiding the pubic perception and opinions about the issue? By analyzing the discourse of air pollution in People’s Daily and comparing it with public opinion survey data, the paper finds that the state’s ability to guide public opinion is rather limited, indicating that opportunities do exist for civil society to play a bigger role in China’s environmental governance.     

Partisanship and Preference Formation: Competing Motivations,Elite Polarization,and Issue Importance

An enduring and increasingly acute concern—in an age of polarized parties—is that people’s partisan attachments distort preference formation at the expense of relevant information. For example, research suggests that a Democrat may support a policy proposed by Democrats, but oppose the same policy if proposed by Republicans. However, a related body of literature suggests that how people respond to information and form preferences is distorted by their prior issue attitudes. In neither instance is information even-handedly evaluated, rather, it is interpreted in light of partisanship or existing issue opinions. Both effects are well documented in isolation, but in most political scenarios individuals consider both partisanship and prior opinions—yet, these dynamics may or may not pull toward the same preference. Using nationally representative experiments focused on tax and education policies, I introduce and test a theory that isolates when: partisanship dominates preference formation, partisanship and issue opinions reinforce or offset each other, and issue attitudes trump partisanship. The findings make clear that the public does not blindly follow party elites. Depending on elite positions, the level of partisan polarization, and personal importance of issues, the public can be attentive to information and shirk the influence of party elites. The results have broad implications for political parties and citizen competence in contemporary democratic politics.     

The Warm Liberalism of Erik Gustaf Geijer

The name Erik Gustaf Geijer (1783–1847) is little known outside of Sweden, but the volume Freedom in Sweden: Selected Works of Erik Gustaf Geijer (Geijer 2017) translates choice works and presents Geijer to modern readers. In this essay we provide an introduction to Geijer (pronounced yay-yer). We raise the question of whether his declaring, in 1838, in dramatic fashion, for liberalism was an ideological migration or a coming out of the closet. We discuss the scope and flavor of his discourse, and suggest that he belongs in the company of moral philosophers and historians of civilization such as David Hume, Adam Smith, Edmund Burke, and Alexis de Tocqueville. We highlight his essay “An Economic Dream,” which prefigured Hayek’s likening of the price system to an allegory of society-spanning communication and intelligence.     

Dworkin on external skepticism and moral permissions

This article discusses Ronald Dworkin’s first objection against what he calls external moral skepticism, the view that denies truth-value to moral judgments. According to that objection, an external skeptic denies that substantive moral judgments can be true. But, at the same time, the objection goes, what follows from the skeptical view is that all actions are morally permissible, which is in itself a substantive moral judgment. We call this ‘the self-defeating argument.’ We argue that the objection’s success depends on how we interpret the idea of moral permission, an issue Dworkin does not clearly resolve. Against his objection, we advance two different arguments. First, once we learn what role the idea of moral permission plays in morality, we can see that any plausible view of some agent’s moral permission must acknowledge its complex character, and that the existence of a moral permission must have some impact on the balance of moral reasons for other agents. On this understanding, it is false that it follows solely from external skepticism that everything is permissible. Second, we argue that even if permissions have a simple character, not a complex one, they are plausible only when framed within a moral constellation of rights and obligations. So understood, it is, again, false that it follows from external skepticism that everything is permissible.     

Framing Deservingness to Win Support for Welfare State Retrenchment

Recent studies of welfare state retrenchment have argued that policy makers can win public support for welfare state reform by framing the issue in terms of deservingness of welfare recipients. However, this literature has not tested the argument at the individual level. Using a Scandinavian context, this experimental study investigates how alternative framing of a welfare state retrenchment proposal affects citizens' perception of welfare recipients' deservingness, policy support and whether perceptions of deservingness mediate policy opinion. A news story was manipulated to present welfare recipients as either deserving or undeserving of welfare benefits. This issue framing affected citizens' perception of deservingness as well as support for retrenchment policy. Opinion change was partly explained by differences in perceptions of deservingness. These results provide strong support for the effectiveness of the deservingness frame.     

Learning to live with irregular migration: towards a more ambitious debate on the politics of ‘the problem’

What might be gained by learning to live with ‘the problem’ of irregular migration, rather than attempting to solve it? This article engages two senses of ‘the problem’ at stake: first, the ongoing nature of displacement and migration and second, the contested justice claims that sit behind different policy perspectives. The second sense of the problem (its political dimension) is rarely addressed explicitly in public debate. Yet direct engagement with the political dimension offers the potential to unlock debate from a polarised impasse. To make this argument, I first diagnose debate on irregular migration in terms of three archetypal positions and examine their implicit justice claims. I then argue for a more ambitious debate that pushes contending justice claims to their logical extensions. Debate of this kind requires a more coherent defence of justice claims, whether they are based in communitarian, cosmopolitan, anti-capitalist or hybrid values with respect to citizenship and political community. The article concludes with an illustration of how this approach can generate momentum for less circular, more sustainable and politically achievable policy responses. The argument is made with reference to illustrative examples from Australia and Europe but holds for a variety of contexts where ‘the problem’ is framed in similar ways.     

<Emphasis Type="Italic">Forum Internum</Emphasis> Revisited: Considering the Absolute Core of Freedom of Belief and Opinion in Terms of Negative Liberty,Authenticity, and Capability

Human rights theory generally conceptualizes freedom of thought, conscience, religion, and belief as well as freedom of opinion and expression, as offering absolute protection in what is called the forum internum. At a minimum, this is taken to mean the right to maintain thoughts in one’s own mind, whatever they may be and independently of how others may feel about them. However, if we adopt this stance, it seems to imply that there exists an absolute right to hold psychotic delusions. This article takes the position that this conclusion is ethically problematic from the perspective of psychiatric treatment and the rights of persons with psychosis. The article reflects on this particular challenge and sets forth an understanding of freedom in the forum internum that might apply to situations where for various reasons it is not, necessarily accurate to maintain that persons have an absolute right to their own thoughts. For the purpose of proposing such an understanding, the article engages with current debates within human rights theory and political philosophy and analyzes discussions about psychotic delusions and the way in which involuntary treatment is justified. Based on this analysis, this article in turn conceptualizes freedom in the forum internum as ‘negative liberty’, ‘authenticity’, and ‘capability’. This article suggests that when forum internum is redefined as encompassing a right to certain internal capabilities, the right remains meaningful for persons with psychotic delusions as well.     

A Deeper Durkheimian Society for Haidt’s Righteous Minds

Jonathan Haidt’s The Righteous Mind is an advance in the empirical study of morality. He argues that liberals lose elections because they only appeal to the moral foundations of Care and Fairness, whereas conservatives can appeal to additional things that most people value - Loyalty, Authority, and Sanctity. Haidt’s argument gets a bit muddled when he tries to incorporate the libertarians’ concern with Liberty into his scheme of moral foundations. This muddle can be resolved by seeing that all groups need Loyalty, Authority, and Fairness (re-described). Politics today is a debate about what is truly Sacred for society - the conservatives’ traditional sacred realm of family, religion, and nation-state, the libertarians’ sacred individual liberty, or the liberals’ sacred care for those who are harmed by society.     

Theorien als latente Quellen von Normativität und Verantwortung in der Hochschullehre: Die Bedeutung von didaktischen und fachspezifischen Theoriedebatten am Beispiel des politikwissenschaftlichen Teilgebiets „Internationale Beziehungen“

The article deals with normative aspects that are negotiated in didactic and subject-specific theoretical debates and thus gain relevance in teaching. It turns out that the didactic theories provide divergent answers to the question of what should be taught how and by whom. Similarly, the example of theoretical debates in International Relations shows that, from a subject-specific perspective, there can often be a lack of consensus on the essentials that are to be taught. Such conflicting requirements, however, demonstrate the instructors’ scope for action, which they should realize and use responsibly. Due to academic pluralism, it seems possible that the societal pluralism, which is sometimes perceived as crisis-laden, can be used productively for teaching.     

Dynamics in the Dutch policy advisory system: externalization,politicization and the legacy of pillarization

Although the literature on policy advisory systems has experienced a revival in recent years, its empirical focus has mainly been on Anglophone countries (Craft and Halligan 2016). This paper applies the policy advisory systems approach to the Netherlands, which can serve as an example of the dynamics in the policy advisory systems of consensus-driven, neo-corporatist polities Lijphart in Patterns of Democracy: Government Forms and Performance in Thirty-Six Countries, 21, 235–266 1999). Using a historical-institutionalist perspective, the dynamics of the Dutch policy advisory system from the mid-1960s to the present day are examined. Based on original cross-time survey data and an analysis of secondary sources, the impact of depillarization (mid-1960s–mid-1990s), new public management (mid-1980s onwards) and an increased pressure on the executive have had for the Dutch policy advisory system (from the late 1990s): fragmentation, externalization and a non-partisan brand of politicization are shown. More specifically, the use of the institutionalized system of permanent advisory councils has lost part of its significance in favour of both external consultants and ad hoc advisory committees. The Dutch case, with its accumulative institutional design based on Weberianism, neo-corporatism and new public management elements, has thus experienced markedly different dynamics in its policy advice system than the Anglophone countries.     

Death of the East Asian Goose and the Rise of China’s Geoindustrial Policy

China’s Belt and Road Initiative and its associated domestic industrial policies represent a parallel trade and investment strategy that challenges the Akamatsu principle of the Flying Geese pattern of industrial development in East Asia. This paper is positioned against the dominant orthodox theory of national systems of industrial development in East Asia. It argues that China’s trade and industry policy in the 2012–2017 period has demonstrated that government will expand its industrial policy market intervention rather than retract, moving away from the regional economic integration order by moving industrial production and import trade away from the Asia-Pacific along a Westward axis to the Indian Ocean and Eurasia. Implications are that the emergence of China’s geoindustrial policy will subvert multilateral trade norms as China begins to institutionalise its external trade and industrial policies.     

Rebel or Rioter? Luddites then and now

The Encyclopaedia Britannica contains an entry under the heading ‘Luddite’ and has had such an entry for over 100 years. This essay employs standard discourse analysis techniques to identify changes in the way the Luddites have been presented to the public by the Encyclopaedia over the same period. It is argued that as the potential readership has broadened and deepened across class boundaries, so has the narrative shifted from autocratic towards populist and the Luddites from rioting simpletons to rebel handicraftsmen.     

Costly,Regressive, and Ineffective: How Sensitive Is Public Support for the Mortgage Interest Deduction in the United States?

ABSTRACT

Although the mortgage interest deduction enjoys broad public support, critics argue that the policy disproportionately benefits wealthy households, fails to expand homeownership opportunities to households on the margins, and costs the federal government an extraordinary amount of money in foregone tax revenue. Drawing on data collected through an online experiment, this analysis tests the sensitivity of public support to these critiques. The findings reveal that support for the mortgage interest deduction declines when respondents are presented with information about the cost, effectiveness, or distribution of benefits associated with the deduction. Support among renters is more sensitive to framing effects than that among homeowners. Republicans are less sensitive to framing effects than Democrats when the deduction is framed as distributing benefits unequally, but more sensitive to these effects when the issue is framed as costly. However, all groups register their lowest level of support when told that the mortgage interest deduction is not an effective tool for expanding ownership opportunities.     

The enduring challenge of ‘wicked problems’: revisiting Rittel and Webber

There is, in the twenty-first century, an intense interest in the nature of wicked problems and the complex tasks of identifying their scope, viable responses, and appropriate mechanisms and pathways towards achieving improvement. This preoccupation is timeless, but the discussion over several decades has benefited from Rittel and Webber’s (Policy Sci 4(2):155–169, 1973) path breaking conceptualisation of wicked problems and the political argumentation needed to resolve them. This review revisits Rittel and Webber’s work and its enduring significance, reflecting upon its broad uptake and impact in the policy sciences, an impact that continues to grow over time. We revisit how the classic 1973 paper came to be published in Policy Sciences, its innovative depiction of social problems, its rejection of rationalistic design, its acknowledgement of the subjectivities involved in problem identification and resolutions, and the consequent need for argumentative-based solution processes. We find great resonance in the paper with contemporary problem solving preoccupations, not least that the political context is crucial, that argumentation must be transparent and robust, and that policy interventions may have consequences that cannot be easily controlled in open and highly pluralised social systems.