Public administration in Marshall Dimock's textbooks

This article examines the relationship between Marshall Dimock's positive, broad-based concept of public administration and his approach to writing undergraduate textbooks. Analysis shows that both Dimock's American government and public administration textbooks provide a different slant on public agencies than that available in most current introductory volumes. In particular, his American government textbook is more positive in tone about agencies than are its modern counterparts. The public administration textbook has comparative material that rarely appears in introductory-level textbooks.

This article analyzes how Marshall Dimock's conception of public administration as an important area of study with links to policy and leadership anchored his textbook writing. In the 1950s Dimock co-authored two popular textbooks for basic undergraduate courses, one in American government and the other in public administration.⁽¹⁾

Scholars still debate what textbooks in either field should teach students about public agencies. Cigler and Neiswender argue that current American government textbooks portray administration in a negative light. All authors see bureaucracy as a problem of some sort, few explain the role administrators play in shaping policy and none discuss reasons to enter the public service.⁽²⁾ Cigler and Neiswender suggest that American government textbooks must change to aid accurate perceptions of the administrative role. In particular, they believe the texts must add material on the public service as a profession and compare American agencies with those in other nations.

Since public administration textbooks are a key way that majors in the field learn material, debate ensues on what material they should contain. Recent articles explore how textbooks define key terms such as policy and how they integrate the work of various theorists.⁽³⁾

While all widely-used textbooks deal with both the political environment and internal agency functions (e.g., personnel, finance), no consensus exists on how to allocate space between political and managerial concerns nor on exactly which subtopics should be covered. No consensus exists on how much space should be devoted to policy making and policy analysis with some textbooks covering this topic and others skimming it lightly.

One often cited problem with contemporary texts is the lack of a comparative focus and a concomitant need to internationalize the curriculum.⁽⁴⁾ The thrust of current proposals is that students need a more broad-based education to prepare them for global leadership.

Interestingly, Dimock's approach to public administration led him to write textbooks that in some ways surpass what is available today. While the majority of the topics he presents (and their ordering) are similar to current efforts, he offers unique emphases that deal with the above mentioned criticisms. Far from being an exercise in academic nostalgia, examining Dimock's textbooks is a useful way of giving current writers new insights.

To appreciate Dimock's approach to textbook construction we first have to identify the core concepts behind his approach to public administration education. Afterwards, we can analyze the treatment of public agencies in American Government in Action, relating it to Cigler and Neiswender's critique of contemporary textbooks, and -examine how various editions of Public Administration conceptualize the field.     

A limited solution carried to excess

In writing of the Presidency, Marshall Dimock declared that the personal staff idea was a limited solution carried to excess. This paper undertakes to examine the Dimock assertion in the wider arena of the Executive Branch. It first considers the idea of staff, exploring its earlier applications. It relies on the work of Douglas McGregor in suggesting that the personal staff orientation, as exhibited in the White House, tends to perpetuate profoundly hierarchical assumptions in respect to organizing and managing. The increasing politicization of the top echelons of the Federal bureaucracy further accentuates tendencies toward a system that is characterized by loyalty to an individual rather than to a system. The emergence of the role of Chief of Staff throughout the bureaucracy in recent years has provided further structure and influence to the personal staff movement. A case study of the role of the Chief of Staff in the administration of Anne Burford in the Environmental Protection Agency, 1981-83, provides evidence of the role and its significance. It is concluded that Marshall Dimock identified a problem which deserves greater research interest and public attention.     

TOWARDS AN ACCOUNTABLE AND QUALITY PUBLIC ADMINISTRATION IN HONG KONG: REDRESSING ADMINISTRATIVE GRIEVANCES THROUGH THE OMBUDSMAN

ABSTRACT

Following considerable public pressure, in 1989, the Hong Kong government followed many other countries and established an Ombudsman. The establishment of the post has to be seen in the context of the political awakening of Hong Kong and demands for a more accountable and client-oriented public service. Previously, complaints of maladministration in Hong Kong were dealt with under a diffuse and fragmentary system which lacked effective powers. Effective legal action against the government for maladministration is also severely constrained by a number of factors. This article traces the growth of the Ombudsman concept and jurisdiction in Western countries over the last few decades and outlines the structure and jurisdiction of the Ombudsman's office in Hong Kong by way of comparison. The effectiveness of the Hong Kong Ombudsman is then evaluated by a detailed analysis of his achievements over the last ten years in combating maladministration, and his role in three high profile cases. These cases also elucidate some of the limitations inherent in the Ombudsman's role. Lastly the future of the Ombudsman in Hong Kong is explored. It is concluded that the Office of Ombudsman has scored initial success in Hong Kong public administration, and has enhanced government efficiency as well as satisfying public needs and filling a major gap in the system of public redress. However, problems of continuing resources and mapping out a sustainable ethos remain.     

Dimock's philosophy of administration

Marshall E. Dimock was a self-confessed non-conformist who valued individualism and individual self-development above all other values. For him a philosophy of administration is more than a science or art and “must deal with institutional goals and objectives, with social values and individual growth, as well as with the paraphernalia of organizing and running things, which are only “incidental.^”(1) He warned that “over specialization of the individual makes him dull and lacking capacities for administrative growth^”(2)and decried the parochialism of behaviorists, logical positivists and other methodologists. At the core of his thinking about problems of administration, management and organization was what he regarded as the fundamental importance of “moral philosophy” although he recognized that “the political economist who epitomizes moral philosophy is regarded as a regrettably nonconformist and excessively individualistic relic of a past age.^”(3)     

Citizenship,equality, and urban property rights in Latin America: The Peruvian case

Research on liberal democracy in newly developing countries has been hampered by the view of civil society as a bounded realm; by insufficient attention to power, class, and legal-juridical institutions; and by too limited a conception of social movements with democratic potential. In this study of urban migrants’ struggle for property rights, the migrants’ political action is found to be associated with a capitalist social movement. The legal changes that the movement helped institute and the means that it employed have enhanced democracy by extending property rights to the poor and by opening up policy processes to public debate and input. Insofar as liberal reform involves the law and its administration, it requires a positive, facilitative state, in spite of liberalism’s broadly antistatist commitments. The study also reveals that liberal reform can have a popular content even if supported by elites. The findings suggest that the realization of full citizenship rights is, for now, at least as crucial to the future of Latin American democracy as the narrowing of economic inequalities. David G. Becker is associate professor of government at Dartmouth College, Hanover, NH 03755. He is the author ofThe New Bourgeoisie and the Limits of Dependency (Princeton University Press, 1982); a counthor ofPostimperialism (Lynne Rienner Publishers, 1987); and the author of “Beyond Dependency: Development and Democracy in the Era of International Capitalism,” in Dankwart A. Rustow and Kenneth P. Erickson (ededs.),Comparative Political Dynamic (HarperCollis, 1991), in addition to many other articles on aspects of political development. Becker’s current research centers of the nature of constitutionalism and democracy in Latin America. He is preparing a book-length treatment of the rule of law in Latin America, along with an edited book on postimperialism that will present new case studies of a variety of countries and world regions.     

Ethno-racial identity (politics) by law: “Fraud” and “choice”

Following an introduction to the changes in how ethno-racial identity is conceptualized in the social sciences and humanities by the destabilization of categorical frameworks, the author looks at how law reacts to these discussions and paradigm shifts, and argues that legal and administrative approaches face severe linguistic and conceptual limitations by operating within a “choice” and “fraud” binary. The article then questions if the free choice of identity exists as a principle of international minority protection law, a legal field that arguably represents a global political and ethical consensus. The author makes two claims. First, according to the basic tenet of legal logic, a proper right to free choice of identity allowing people to opt out of racial, ethnic, or national (minority) communities would necessitate the freedom to opt in to the majority or to any chosen group. The second claim, however, is that international law would not actually construct an approach to opting in. Thus, the right to free choice of identity is not an autonomous, sui generis right under international law.     

Russia as a New Immigration Country: Policy Response and Public Debate

Both the Russian public and its elites were taken by surprise by the fact that Russia has become an immigration country. It has resulted in widespread anti-immigrant sentiments and inconsistency in government actions. Russian immigration politics, as well as immigration politics in liberal democracies of the West, are characterised by a wavering between protectionist and liberal laissez faire approaches. This leads to a mismatch between public rhetoric and legal decisions. However, two features seem to make the Russian situation specific: open borders with most of the countries of the former Soviet Union and omnipresent corruption. Corruption results in a discrepancy between formal (legal) decisions and informal (illegal) practices.     

A tale of two independence movements: how do citizens encounter issues of international law and democratic theory?

Foreign policy events, including secessionism and independence movements, become objectified for most citizens through media coverage. Accordingly, I look at the coverage of Kosovo’s and Scotland’s bids for independence in the two top national newspapers, The New York Times and The Washington Post. Scholarship in international law, democratic theory, and comparative politics might have valuable insights on independence processes, but it is the media frames inspired by these strands of theoretical literature that shape public opinion and/or reflect policy-makers’ preferences (and biases) in the foreign policy arena. I find that print media can engage in theoretically sophisticated coverage of secessionist movements, which often echoes scholarly insights derived from the relevant academic literature. The two European case studies show consistent application of tropes and frames that one would find in the academic publications on the subject. Yet these cases also illustrate profound differences in media framing not reducible to objective legal and political differences between the two events. US foreign policy considerations also appear to play a role in explaining variance in media frames.     

EMERGING ISSUES IN PUBLIC ADMINISTRATION

This article briefly examines five subfields of the public administration literature in the context of the major changes which have occurred in each of those fields since the 1940s. Major changes include: the alleged shift to‘globalization’affecting comparative public administration; the spread of‘economic rationalism’in policy analysis; the new wave of‘managerialism’affecting the study of the public service; the transformation of administrative technique by‘informatization’; and the rise of legal formalization in some fields redrawing the traditional boundary Unes between law and administration. For each of these subfields of public administration, three types of‘emerging issues’are identified. Some of the trends discussed - particularly managerialization and juridification - seem to be in tension with one another, suggesting alternative possible futures for public administration. Moreover, since many of the intellectual and doctrinal shifts seem to reflect a reaction against the shortcomings of an earlier orthodoxy, a counter-reaction in the longer run cannot be ruled out.     

Un aspect de l'insertion des militaries dans le processus de développement national en Afrique: Étude de quelques contradictions

At independence, Botswana, like many other countries in Anglophone Africa, inherited a dual legal system that was undergoing a significant shift towards convergence in the areas of criminal law and procedure. In Botswana's case, convergence was driven by a desire to minimise or, more speculatively, to gradually eliminate the gap between the normative standards of common law/general and customary courts in criminal trials. The country chose to follow a route that involved the universalisation of a penal code based on English common law, and the partial standardisation of procedure rules for customary courts. The present article considers how codified law and written procedure rules have transformed the substance and classification of legal wrongs, disputes and dispute processes, as well as the context and meaning of punishment in traditional settings.     

Quality Standards in the Public Sector: Differences Between Italy and the UK in the Citizen's Charter initiative

Service quality of public services is a major aim of the New Public Management reforms occurring throughout Europe. The Citizen's Charter initiative, launched by the UK Prime Minister John Major in 1991, has been an example followed in some European countries, including Italy (Carta dei servizi). This paper analyses and evaluates the cultural differences in the usage of the concept of service quality standards between the UK experience and the Italian one, referring particularly to two kinds of public services, very different one from the other: healthcare and electricity supply. The comparative policy analysis leads to a sketch of two different profiles in the usage of quality standards in the public sector: a common law profile, where quality standards are not legal rights but targets to be achieved and improved; and a public law profile, where quality standards tend to be overlapped and confused with legal rights of users. Under the latter framework, standards are likely to be sidestepped because they are perceived more as a problem than as an opportunity to change.     

Access to What? Legal Agency and Access to Justice for Indigenous Peoples in Latin America

Abstract

In this paper I issue a call for a primary focus on expanding and strengthening alternative, community-based justice systems, as a strategy for securing the full benefits of legal agency to indigenous and other culturally distinct groups. I do so because what lies within the formal justice system – the very system to which so many well-meaning programmes promise access – is, for these groups and their members, often partial justice at best. Efforts to increase the space governed by autochthonous justice are more likely to produce true legal agency for both the communities and their members, although they raise important issues for included subgroups, such as women or culturally nonconforming groups. Somewhat paradoxically, indigenous groups’ engagement with the very apex of formal systems, through constitutional litigation, has been one avenue for increasing that space, thus reflecting the exercise of collective legal agency in the pursuit of collective and individual legal agency.     

THE IRREPRESSIBLE ROD RHODES: CONTESTING TRADITIONS AND BLURRING GENRES

Rod Rhodes spent 25 years as the Editor of Public Administration before he retired from that role at the end of 2010. These essays in his honour are intended to celebrate the achievement of those 25 years and reflect on his contribution to the worlds of public administration and political science. Rod has now consolidated the standing of the journal as one of the most significant locations for work on public administration. At the same time, over his career, he has prodded and probed, challenged and innovated, in a wide range of areas. The essays in this special edition have been designed around his intellectual interests over the 40 years of his career, from local government, and networks, to ethnography and narratives. Each author was asked, as appropriate, to identify Rhodes' impact and to assess the present state of the literature. Three articles consider the state of the discipline in the UK, the USA and in the world of comparative politics. Rod is then given the opportunity to reflect on his career and where his interests might lead. As ever he wants the last word! This introduction provides the context for his career and charts in broad terms his intellectual trajectory and contribution.     

Public management and productivity towards an appraisal of the productivity of alternative forms of public service delivery

Although independent administrative units are used worldwide as alternate forms of public service delivery, only limited systematic knowledge is available as how to apply these organisational forms with the maximum positive effects. This paper aims to explore the productivity gains achieved by administrative units increasing their degrees of independence, shifting from organisational independence to budgetary and legal independence. Focusing on self-operating decentralised units, on public law enterprises and on publicly owned private law enterprises, this appraisal reveals that continuously increasing independence is accompanied by productivity gains, but, depending on varying service delivery conditions--in terms of divergent service concepts or notions of productivity--this may be in terms of quality of output, technical efficiency or allocative efficiency.

Consequently, in order to make the best possible organisational choice, a contingency model has to take into consideration that alternative forms of service delivery find their maximum positive effects not only under varying task contexts but equally in the pursuit of different productivity targets.     

“A partnership in virtue among all citizens”:(1) the public service and the civic humanist tradition

It is argued that the Founders’ intentions are most correctly interpreted through the virtue-centered paradigm of civic humanism, with its attendant “ethics of character.” Such an interpretation has major implications for the civic obligations of public servants. Among them are obligations to encourage civic autonomy; to govern by persuasion; to transcend the corruptions of power; and to become civic exemplars. Because these vital civic responsibilities have been neglected in recent years, it is argued that public administration should take the lead in promoting them as standards of good government.

The future of fin de siecle America is not bright, as each day brings us closer to some geopolitical, economic, or environmental disaster that will pitch us into the garrison state.

Because of the legacy of Ronald Reagan, a banal self-seeking and “moral thoughtlessness, “⁽²⁾ we trail dispiritedly after leaders who have neither vision nor courage and who care only for the pomp, circumstance, and financial possibilities of their offices. Lost in the scramble for preferment and self-aggrandizement are the Founding values and the society they were to create.

A few call for a return to the ideals of the Founding, but who are to be the reformers? One area with real possibilities is public administration, for two reasons. First, it still respects the vestiges of the political philosophy of its tradition and, hence, does not automatically reject suggestions from moral philosophy as impractical. Second, many who joined the public service did so because of some sense, perhaps inchoate, of wanting to serve the “public interest.” We can build from this foundation.

In this spirit, then, what are the moral obligations of the public service? While public servants owe their organizations both efficient performance and compliance with the law, they also owe a great deal more because they are “public” employees. Publicness carries higher obligations than those entailed by private employment. To be of the public service is to accept moral obligations, bespoken in the oath of office, the basis of public accountability. At the base, the primary obligation is to know and to believe in the Founding values.

Second, public servants are obligated to embody those values intentionally in all their actions, whether with superiors, colleagues, subordinates, or the general public. Third is the obligation to secure the Founding values for the citizens of the Republic. The fourth obligation is that all are able to speak and write well in defense of the Founding values. These obligations are nonnegotiable.

The source of the problems of contemporary America is our collective loss of belief in and application of the Founding values. By loss, I do not mean to imply that we disbelieve, but rather that we are—following Hannah Arendt— “thoughtless” concerning them. They have become cliches, rather than the guiding principles for all individual and organizational actions. Even those who defend the Founding values are reluctant to deal with the difficult problems of belief, but knowledge of the Founding values must precede belief in them, and knowledge must be interpreted within a paradigm, of which there are at least two to which we may turn.     

From Exclusion to Resistance: Migrant Domestic Workers and the Evolution of Agency in Lebanon

In addition to hosting a large population of refugees and displaced persons, Lebanon is home to an estimated 200,000 to 300,000 migrant domestic workers. Under Lebanese law, domestic workers fall under the kafala, or sponsorship, system. Existing literature has focused on the legality of the kafala system and the ensuing human rights violations resulting from workers' exclusion from Lebanese labor law. Based on fieldwork conducted in 2016, this article argues that migrant domestic workers in Lebanon have defied their spatial, social, and legal exclusion by organizing collective resistance, triggered in part by the July 2006 Israel-Lebanon war.     

Regulation of armed conflict: critical comparativism

Abstract

This paper calls for comparative analysis of international humanitarian law and Islamic laws regulating armed conflict by focusing on the underlying assumptions and interests informing both systems (rather than on rule-based comparison). It argues that examination of the biases inherent to each legal system can potentially inform scholars to understand better the paradigms shaping each of them. In doing so, the paper builds on contextual and critical interpretations of both fields of law to assert the need for ‘critical comparativism’ rather than functionalist comparativism. Unlike functionalist comparativism, which treats international law as the ‘objective’ benchmark against which other legal traditions are measured, ‘critical comparativism’ treats the two legal systems examined as alternative manifestations of power structures which, when contrasted against each other, help shed more light on the inherent bias in each legal system.     

Marshall Dimock on leadership: Keeping the human element alive in large institutions

Marshall Dimock sought and found unity of life in human values. He accepted increasingly big businesses and governments as inevitable, but he found growing bureaucratization hostile to humanity and vitality within organizations and unresponsive to customers and citizens. He looked to leadership as an antidote to bureaucracy. Dimock supported vigorous leadership by individuals in key roles, but he consistently espoused high-involvement of people in leader-ship throughout organanizations and society generally.     

Legal change in post-communist states: Contradictions and explanations. Introduction

Reformers had high hopes that the end of communism in Eastern Europe and the former Soviet Union would lead to significant improvements in legal institutions and the role of law in public administration. However, the cumulative experience of 25 years of legal change since communism has been mixed, marked by achievements and failures, advances and moves backward. This special issue of the journal Communist and Post-Communist Studies documents the nuances of this process and starts the process of explaining them. This introductory essay draws on the findings of the articles in this issue to explore the impact of three potential explanatory factors: regime type, international influences, and legal (or political) culture. Regime type matters, but allows for considerable variation within authoritarian and democratic states alike and the possibility of reversals. The influence of international organizations (like the European Union) is also far from predictable, especially once states have joined the organization. Finally, legal cultures and political traditions play a large role in explaining developments in individual countries, but there is nothing inevitable about their impact.     

The new public personnel and the new public service

The New Public Administration sought a public service whose legitimacy would be based, in part, on its promotion of “social equity.” Since 1968, several personnel changes congruent with the New Public Administration have occurred: traditional managerial authority over public employees has been reduced through collective bargaining and changes in constitutional doctrines; the public service has become more socially representative; establishing a representative bureaucracy has become an important policy goal; more emphasis is now placed on employee participation in the work place; and legal changes regarding public administrators’ liability have promoted an “inner check” on their behavior. At the same time, however, broad systemic changes involving decentralization and the relationship between political officials and career civil servants have tended to undercut the impact of those changes in personnel. The theories of Minnowbrook I, therefore, have proven insufficient as a foundation for a new public service. Grounding the public service's legitimacy in the U.S. Constitution is a more promising alternative and is strongly recommended.

The New Public Administration, like other historical calls for drastic administrative change in the United States, sought to develop a new basis for public administrative legitimacy. Earlier successful movements grounded the legitimacy of the public service in high social standing and leadership, representativeness and close relationship to political parties, or in putative political neutrality and scientific managerial and technical expertise. To these bases, the New Public Administration sought to add “social equity.” As George Frederickson explained, “Administrators are not neutral. They should be committed to both good management and social equity as values, things to be achieved, or rationales. “⁽¹⁾ Social equity was defined as “includ[ing] activities designed to enhance the political power and economic well being of … [disadvantaged] minorities.” It was necessary because “the procedures of representative democracy presently operate in a way that either fails or only very gradually attempts to reverse systematic discrimination against” these groups.⁽²⁾

Like the Federalists, the Jacksonians, and the civil service reformers and progressives before it, the New Public Administration focused upon administrative reform as a means of redistributing political power.⁽³⁾ Also, like these earlier movements, the New Public Administration included a model of a new type of public servant. This article sets forth that new model and considers the extent to which the major changes that have actually taken place in public personnel administration since 1968 are congruent with it. We find that while contemporary public personnel reflects many of the values and concerns advanced by the New Public Administration, substantial changes in the political environment of public administration have frustrated the development of a new public service that would encompass the larger goals and ideals expressed at Minnowbrook I. Building on the trends of the past two decades, this article also speculates about the future. Our conclusion is that ultimately the public service's legitimacy must be grounded in the Constitution. Although its focus is on macro-level political and administrative developments, the broad changes it discusses provide the framework from which many contemporary personnel work-life issues, such as pay equity and flexitime, have emerged.