The logic of ‘Policy’ and successful policies

Developed on the premise that how we conceive of ‘policy’ and ‘successful policy’ guides policy sciences' research and evaluation, this paper responds to the conceptual questions of “what is a policy?” and “when is a policy successful?” Formal or logical conditions are established to distinguish ‘policy’ from related concepts. The notion ‘relevant public’ is introduced to distinguish public policies from private policies and to identify fairly-declared policies. Further, conditions are developed that can be used as logical tests for three types of policy success: implementation success, instrumental success and success in normative justification.     

Constructing and contesting legitimacy and accountability in polycentric regulatory regimes

The legitimacy and accountability of polycentric regulatory regimes, particularly at the transnational level, has been severely criticized, and the search is on to find ways in which they can be enhanced. This paper argues that before developing even more proposals, we need to pay far greater attention to the dynamics of accountability and legitimacy relationships, and to how those in regulatory regimes respond to them. The article thus first seeks to develop a closer analysis of three key elements of legitimacy and accountability relationships which it suggests are central to these dynamics: The role of the institutional environment in the construction of legitimacy, the dialectical nature of accountability relationships, and the communicative structures through which accountability occurs and legitimacy is constructed. Second, the article explores how organizations in regulatory regimes respond, or are likely to respond, to multiple legitimacy and accountability claims, and how they themselves seek to build legitimacy in complex and dynamic situations. The arguments developed here are not normative: There is no “grand solution” proposed to the normative questions of when regulators should be considered legitimate or how to make them so. Rather, the article seeks to analyse the dynamics of legitimacy and accountability relationships as they occur in an attempt to build a more realistic foundation on which grander “how to” proposals can be built. For until we understand these dynamics, the grander, normative arguments risk being simply pipe dreams – diverting, but in the end making little difference.     

Contested Governance: Understanding Justice Interventions in Post-Qadhafi Libya

ABSTRACT

This contribution reflects upon the nexus between transitional justice and peacebuilding through a study of how transitional justice practices in post-Qadhafi Libya interacted with broader efforts to establish governance institutions in the aftermath of Libya’s 2011 armed conflict. It argues that dominant practices of transitional justice, promoted by external actors, prescribed narrow state-centric justice interventions that were ill-suited for a polity in which the state was highly contested. In fact, transitional justice proved divisive in Libya because attempts to project state-centric liberal justice practices were limited by their targeting of weak institutions that lacked local legitimacy and their inability to reconcile alternative normative frameworks that challenge the modern state. In addition, the weakness of Libya’s state institutions allowed thuwwar, or revolutionary armed groups, to dictate an exclusionary form of justice known as political isolation. Drawn from fieldwork conducted in Libya, this contribution provides lessons for both peacebuilding and transitional justice practice that call for a rethinking of teleological notions of transition and greater engagement with notions and concepts that fall outside dominant practices.     

Technocracy and democracy as spheres of justice in public policy

There is a long-standing debate about the proper application of democratic versus technocratic approaches to decision-making in public policy. This paper seeks to clarify the debate by applying Michael Walzer’s notion of “spheres of justice,” wherein both democracy and technocracy could be seen as distinctive approaches to justice that need to be protected from the domination of the other. The paper shows how the debate on democracy versus technocracy has evolved in both theoretical and applied settings in a manner that reflects the “domination” of one approach by the other. It elaborates the argument through several concrete examples drawn from comparative politics, public policy, and public management. It then explores how the “spheres” approach implies the need for an interpretive mechanism in order to mediate the competing notions of justice in particular policy issues.     

Can the hidden hand of the market be an effective and legitimate regulator? The case of animal welfare under a labeling for consumer choice policy approach

In Australia, labeling for consumer choice, rather than higher government regulation, has become an important strand of the policy approach to addressing food animal welfare. This paper illustrates the usefulness of “regulatory network analysis” to uncover the potentials and limitations of market‐based governance to address contentious yet significant issues like animal welfare. We analyzed the content of newspaper articles from major Australian newspapers and official policy documents between 1990 and 2014 to show how the regulatory network influenced the framing of the regulatory problem, and the capacity and legitimacy of different regulatory actors at three “flashpoints” of decisionmaking about layer hen welfare in egg production. We suggest that the government policy of offering consumers the choice to buy cage free in the market allowed large‐scale industry to continue the egg laying business as usual with incremental innovation and adjustment. These incremental improvements only apply to the 20 percent or so of hens producing “free‐range” eggs. We conclude with a discussion of when and how labeling for consumer choice might create markets and public discourses that make possible more effective and legitimate regulation of issues such as layer hen welfare.     

Empirical Research and the Development and Assessment of Transitional Justice Mechanisms

In this paper, we demonstrate different methods of empiricalresearch available to transitional justice practitioners andscholars. Guidelines on how to conduct research in the fieldof transitional justice are outlined on the basis of the principlesof monitoring and evaluation for decision making, program developmentand policy development. We argue that such methods offer policymakers a systematic way to consult a population and constructa comprehensive view of what this population has experienced(e.g., violations), what they know (e.g., knowledge of varioustransitional justice mechanisms), what they believe in (e.g.,definition of justice) or what they need (e.g., accountability).Such knowledge is essential for developing effective evidence-basedtransitional justice programs.     

Transitional Justice and the Reform of History Education

Where does history education fit into transitional justice andhow can it contribute to the goals of transitional justice?The contemporary understanding of transitional justice has broadenedto encompass more than just prosecutions, reparations, preventingimpunity, and building rule of law. Transitional justice goalsnow extend to truth telling, restoring the dignity and preservingthe memory of victims, building peace, creating respect forhuman rights and democracy, and to reconciliation. Tools forachieving these goals now include truth commissions and commemorations.But this list has not until now included how the historicalnarrative of the group(s) involved in conflict must change asa part of transition; and education, while often invoked whenthe topic of ‘never again’ is raised, has been largelyabsent from the transitional justice discourse. Neither thelarger education system nor the teaching of history –both what is taught and how – has been considered by theinstitutions transitional justice has aimed to reform. Thisarticle considers why history education matters, what conditionscomplicate its reform and what recommendations can begin tobe offered with regard to the relationship between history educationand transitional justice.     

Political morality and constitutional settlements

This paper presents a way of thinking about how to respond to the pluralism of modern societies that avoids any commitment to contractualist norms of political justification. The argument developed appeals to the notion of a constitutional settlement. Constitutional settlements are complex on-going social practices that both express certain values to which political societies are committed and establish procedures for resolving disputes among members of these societies. As such, they are a product of both moral commitment and the balance of power. The paper shows how constitutional settlements relate to issues of stability and non-subjugation in politics, and explains how they can ground a distinction between justice and legitimacy.     

The Usage of Scientific Knowledge by Independent Regulatory Agencies

The normative justification for delegation to independent regulatory agencies (IRAs) is that they operate by using technical analysis and expertise rather than political considerations in their decision‐making processes. Although delegation has been discussed as a design principle, systematic evidence on the conditions under which IRAs make use of scientific knowledge and how is still scarce. Scientific knowledge can be used to achieve instrumental learning, but also to seek legitimacy from the policy environment or to improve the agency's standing in the political games with the principal. This article will suggest how comparative empirical research can be usefully organized, by enriching delegation and organizational theories with the insights of the literature on knowledge utilization. Drawing on the methodological device of explanatory typologies, the article aims at shedding light on different types of knowledge utilization and the scope conditions that lead to a certain use of knowledge by IRAs.     

Analytics and Beliefs: Competing Explanations for Defining Problems and Choosing Allies and Opponents in Collaborative Environmental Management

The rationale for collaborative environmental management often hinges on two factors: first, specialized training creates biased analytics that require multidisciplinary approaches to solve policy problems; second, normative beliefs among competing actors must be included in policy making to give the process legitimacy and to decide trans‐scientific problems. These two factors are tested as drivers of conflict in an analysis of 76 watershed partnerships. The authors find that analytical bias is a secondary factor to normative beliefs; that depicting the primary driver of conflict in collaborative environmental management as between experts and nonexperts is inaccurate; that compared to the “life” and “physical” sciences, the social sciences and liberal arts have a stronger impact on beliefs and choice of allies and opponents; and that multiple measures are needed to capture the effect of analytical biases. The essay offers lessons for public administrators and highlights the limitations and generalizations of other governing approaches.     

“Social licence to operate” and the human services: A pathway to smarter commissioning?

Externalised service provision is now an embedded feature of Australia's service delivery architecture. However, the lessons drawn from two decades of contracted service delivery suggest that “competition” is an imperfect platform for the delivery of public services, especially where issues of trust in government come into play. Could the concept of a “social license to operate” (SLO), which has been in use in the natural resources sector for over two decades, help to facilitate the conferral of greater trust, credibility and legitimacy upon governments, and externalised service providers in social policy spaces?     

The Transformation of Higher Education in Israel since the 1990s: The Role of Ideas and Policy Paradigms

This article examines the transformation of Israel's higher education system since the 1990s. During that period, the system underwent expansion, diversification, privatization, and internationalization in a series of pathbreaking reforms. The main argument is that while external factors—such as demographic trends—exerted pressure for change, the trajectory and policy options preferred were shaped by ideational factors. Policy entrepreneurs played a crucial role in advancing pathbreaking institutional change when they reframed policies through linking cognitive ideas of “what has to be done” with the normative ideas that granted legitimacy to the proposals for reform.     

The wall socket theory of learning

Teachers of policy analysis lack a theory of how students actually learn. Applying “lessons” of general validity to specific circumstances is the essential skill to be mastered. It may be taught by emphasizing lessons of universal rather than conditional relevance, “coding” them so as to improve their memorability, and adjusting the codes to match the environmental cues that students are likely to encounter on the job. Because wall sockets are everywhere in the policy analyst's environment, they symbolize the ubiquitous cue that can help the analyst draw on the coded lessons.     

Symbols,Stratagems, and Legitimacy in Political Analysis*

This article evaluates the new conception of symbols and rhetoric in organization theory (March and Olsen). It is a perspective that departs from the traditional instrumental view in political science (cf. Edelman}. This reorientation postulates the close connection between legitimacy and symbols, viewing symbolic language as a way of producing social integration. However, this perspective neglects the crucial aspect of legitimacy, i.e., a moral justification of power. Legitimacy concerns the cognitive and rational aspect of political argumentation rather than the expressive and symbolic aspect. Symbols, then, raise distinct analytical problems that refer to the authenticity and sincerity aspect of behaviour. Politics has to do with the just allocation of welfare, and symbols signify meaning and loyalty Thai governmental policy is merely symbolic, then, denotes that it does not produce any real effects.     

Confronting the Reality of Gender-based Violence in Northern Uganda

Two decades of conflict in northern Uganda have had a devastatingimpact on the lives of thousands of civilians. Like so manyof today's ‘dirty wars,’ gender-related crimes havebeen pervasive. While numerous disciplines over the past centuryhave developed sophisticated theories for understanding thenature and agency surrounding sexual offences, the nascent fieldof transitional justice is only just beginning to grapple withthese issues or design appropriate measures of redress. Thispaper is based on research undertaken to look at issues of gender-basedviolence (GBV) in four camps for the internally displaced innorthern Uganda in order to provide insight into the natureand prevalence of GBV within a specific context. The findingsshow that specific GBV dynamics need to be scrutinised withinzones of conflict and taken into consideration in the policiesadopted post-conflict. The paper both illuminates the natureof such abuses within the Ugandan context and points to theneed for concerted attention to be paid to the pervasive genderdimensions of violence when designing transitional justice mechanisms.     

WMD: The Career of a Concept

The danger posed by “weapons of mass destruction” (WMD) was the Bush administration's chief justification for invading Iraq. Amid the din of the chorus that ceaselessly repeated this phrase in 2002–2003, hardly anyone stopped to ask: what is “WMD” anyway? Is it not a mutable social construct rather than a timeless, self-evident concept? Guided by Nietzsche's view of the truth as a “mobile army of metaphors [and] metonyms… which have been enhanced, transposed, and embellished poetically and rhetorically,” we present a history of the metonym WMD. We describe how it was coined by the Archbishop of Canterbury in 1937, and subsequently how its meaning was “transposed” and “enhanced” throughout Cold War arms negotiations, in the aftermath of the Iraqi invasion of Kuwait, and in US domestic law. We also discuss how, in the run-up to the Iraq war, “WMD” did not merely describe an Iraqi threat; it was rather “embellished poetically and rhetorically” in ways that produced and inflated the threat.     

Does Feminism Need a Theory of Transitional Justice? An Introductory Essay

This essay surveys feminist scholarship and praxis on transitionaljustice, examining its ongoing contribution to the conceptualizationand design of transitional justice mechanisms. We examine someof the gender implications of a specifically ‘transitional’theory of justice. The essay concludes by proposing that feministtheory should focus on how transitional justice debates helpor hinder broader projects of securing material gains for womenthrough transition, rather than trying to fit a feminist notionof justice within transitional justice frameworks.     

Regulatory inspection and the changing legitimacy of health and safety

The regulation of conduct via law is a key mechanism through which broader social meanings are negotiated and expressed. The use of regulatory tools to bring about desired outcomes reflects existing social and political understandings of institutional legitimacy, the meanings attached to regulation, and the values it seeks to advance. But these contextual understandings are not static, and their evolution poses challenges for regulators, particularly when they reflect political framing processes. This paper shows how inspection has been reshaped as a tool within the United Kingdom's health and safety system by changes in the meanings attached to the concept of “risk‐based regulation.” While rates of inspection have fallen dramatically in recent years, the nature and quality of inspection have also been fundamentally reshaped via an increasingly procedural and economically rational “risk‐based” policy context. This has had consequences for the transformative and symbolic value of inspection as a tool of regulatory practice.     

Justifying grounds for multicultural policies in Korea: universal human rights versus benefits of diversity

Multicultural policies often deviate from the principle of equal opportunity since it assumes exclusive policy target groups with extra budget and appropriate organization. If this is so, by what rationale can multicultural policies be justified? Why should we accept such unequal treatment as a procedural method to achieve a more equal society as the final goal? This paper examines justifying logic for multicultural policies that inevitably have an arbitrary aspect of state intervention. This paper first differentiates two kinds of logic, namely universal human rights and the benefits of diversity, which provide supporting rationale for the implementation of multicultural policies. We can witness from the US history that the benefits of diversity have increasingly become the main logic justifying affirmative action instead of liberal discussions on social justice and universal human rights of the 1960s. Korea also shows such a shift towards a utilitarian justification which has focused heavily on the benefits of diversity. However, the utilitarian rationalization for multicultural transition can be easily withdrawn when the benefits of ethnic, cultural, and religious diversity disappear, suddenly leading to unexpected discriminatory situations. In this context, this paper argues that discussion of normative justification is required, and such discussions need to be internalized among the citizens of a political community.