The Cosponsorship Patterns of Reserved Seat Legislators

This study analyzes the bill cosponsorship behavior of reserved seat legislators in the Pakistan National Assembly, where special legislative seats are reserved for women and religious minorities. It offers a critical case because two theories on reserved seat legislators—the theory of electoral incentives and the theory of institutional weakness—lead to opposite predictions about the extent to which such legislators will engage in bill cosponsorship, with the former (latter) predicting the negative (positive) effect of reserved seats. I find that women and minorities in reserved seats initiate a greater number of bills and cosponsor bills with a larger number of peers than nonreserved male legislators. Using network analysis, I also show that reserved legislators tend to play a role in bridging different partisan blocs of legislators within the cosponsorship network. These empirical patterns provide support to the theory of institutional weakness, rather than to the theory of electoral incentives.     

The use of material culture to establish the ethnic identity of victims in genocide investigations: a validation study from the American Southwest*

Successful prosecution of genocide requires that the victims constitute one of four protected groups: national, religious, ethnic, or racial. Establishing victim identity in prior trials has relied on positive identification of decedents, been largely presumptive, or was based on untested methodology. This report details a validation study of one untested method: the use of material culture in establishing ethnic identity. Classes of clothing and personal effects were scored on 3,430 individuals of known Hispanic or White ancestry from autopsy records in New Mexico. Significant differences were seen in evidence of language, nationality, and religious affiliation between the two groups, as well as clothing types and currency. Predictive models used to estimate ethnic identity in random, blind subsets produced an overall accuracy of 81.5% and estimates of 61-98% in specific subsets. Results suggest material culture, when present, can provide reliable evidence of ethnic affinity in genocide investigations.     

Authority,Nationality, and Minorities

Prominent normative theories for accommodating minority national groups appeal to the value of national cultures and/or the psychology of group recognition. This article aims to show that an argument from political authority provides a better justification. Building on Joseph Raz's theory of authority, the article argues that members of minority national groups are disadvantaged in relation to their majority counterparts under standard democratic institutions; such institutions do not provide minority national groups with comparable access to the conditions for legitimate political authority. Constitutional arrangements for accommodating minority national groups—such as territorial self‐government or power‐sharing—are justified insofar as they might offset this disadvantage.     

How Parties Create Electoral Democracy,Chapter 2

Parties neither cease to exist nor cease to compete for office when the general election is over. Instead, a new round of competition begins, with legislators as voters and party leaders as candidates. The offices at stake are what we call “mega‐seats.” We consider the selection of three different types of mega‐seats—cabinet portfolios, seats on directing boards, and permanent committee chairs—in 57 democratic assemblies. If winning parties select the rules by which mega‐seats are chosen and those rules affect which parties can attain mega‐seats (one important payoff of “winning”), then parties and rules should coevolve in the long run. We find two main patterns relating to legislative party systems and a country's length of experience with democratic governance.     

Is victim identity in genocide a question of science or law? The scientific perspective,with special reference to Darfur

In genocide, victims must represent an ethnic, racial, religious or national group. But is victim identity a question of science or law? Must victims be a socially recognized group or can group identity exist solely in the mind of the perpetrator? This question is relevant to the on-going crisis in Darfur. The “Arab-on-African” violence depicted in the media encompasses identities not shared by Darfurians. This study details an evaluation of victim identity in Darfur, based on field research and literature review. Darfurians are defined by subsistence strategy and economic groups are not protected under genocide law. Whether Darfur is genocide depends on whether victims must conform to scientific group classifications or need only be defined by their relationship to the perpetrators.     

RACIAL–ETHNIC THREAT,OUT‐GROUP INTOLERANCE,AND SUPPORT FOR PUNISHING CRIMINALS: A CROSS‐NATIONAL STUDY*

Scholars often have used the group threat thesis to explain why punitiveness varies across places. This research regularly has found that punitiveness is harsher in places with a larger minority population. Yet researchers only have had a rudimentary grasp of why this is the case. Moreover, most prior research has focused only on the United States, giving us little knowledge of whether the group threat thesis is a viable explanation of cross‐national differences in punitiveness. In the current study, we postulate that the relative size of the out‐group population affects punitiveness indirectly, via its impact on individual intolerance toward ethnic out‐groups. We test this thesis cross‐nationally with data from individuals residing in 27 European countries. Our findings are consistent with the argument that greater racial/ethnic diversity at the country level affects individuals’ attitudes toward minority out‐groups, which in turn increases their support for severely punishing criminal offenders.     

Party Effects in State Legislative Committees

Legislative scholars have theorized about the role of committees and whether they are, or are not, tools of the majority party. We look to the states to gain more empirical leverage on this question, using a regression discontinuity approach and novel data from all state committees between 1996 and 2014. We estimate that majority‐party status produces an 8.5 percentage point bonus in committee seats and a substantial ideological shift in the direction of the majority party. Additionally, we leverage a surprisingly frequent, but as if random occurrence in state legislatures—tied chambers—to identify majority‐party effects, finding similar support for partisan committees. We also examine whether the extent of committee partisanship is conditional on party polarization or legislative professionalism, but we find that it is not. Our results demonstrate that parties create nonrepresentative committees across legislatures to pursue their outlying policy preferences.     

Drug Globalization: Eventual Legalization of Beer in Iceland and Marihuana Decriminalization in the USA

This article discusses whether different motivations for and perceptions of the police role, either as ‘law and order‐oriented thrill‐seekers’ or as ‘social workers’ lead officers to adopt different approaches towards the public. The first category police rank‐and‐file officers' desire for action and excitement, causing them to perceive policing as a mission, also causes them to have a distorted view of reality whereby they perceive members of the public either as significant adversaries or as insignificant ones. For them, ‘real police work’ means chasing and catching villains, and this delusional picture of what policing is may lead them to enlarge and redefine ‘insignificant criminals’ and thus perceive them as ‘villains’ who merit and justify police targeting. However, as these insignificant criminals—beggars, drug addicts, vagrants, ethnic minority youths, and drunks—are not perceived as actually ‘significant adversaries’, the targeting of and encounters with them also produce fatigue in police officers as these activities fail to comply with many police officers' desire to ‘catch the villain’, and the encounters are repetitive and tedious. Police fatigue and stereotyping may entail cynicism due to the ways in which some groups respond to police targeting, such as accusing the police of racism or threatening them with complaints. It is argued that the first type of police officers to a larger degree will experience fatigue and cynicism than the second type of officers—‘the social workers’—who are motivated by a will to ‘help others’, and who receive more rewarding responses from the public.     

Why Medical Child Support is Important—and Complex

Courts resolving child support cases involving separated, divorced, and non‐marital children are charged with defining responsibility for health care coverage for the children under that order. This article explores historical and current medical child support requirements under Title IV‐D of the Social Security Act—the national child support enforcement (“IV‐D”) program. It analyzes legal requirements and policy recommendations, and provides a practical tool judges may use to determine whether health care coverage available to either or both parents is appropriate—that is, comprehensive, accessible, and affordable.     

Electoral Influences on Legislative Behavior in Mixed‐Member Systems: Evidence from Ukraine's Verkhovna Rada

Abstract: This article addresses how mixed‐member systems that combine proportional representation (PR) and single‐member districts (SMD) into a single election can influence legislators' voting behavior. Scholars have generally extended standard expectations of behavior to mixed‐member systems by assuming that legislators occupying PR seats in mixed‐member parliaments should be more cohesive than those occupying SMD seats. I argue that controlling for seat type alone does not take into account the interaction between PR and SMD in mixed‐member systems. Using voting data from Ukraine's Verkhovna Rada, I show that controlling for dual candidacy and the “safety” of the deputy's district or list position increases our understanding of the factors motivating legislative cohesion.     

Beyond the Janus Face of Zionist Legalism: The Theo‐Political Conditions of the Jewish Law Project*

Abstract. What are the assumptions that underline the Jewish Law Project? To what extent is this project relates to Zionism as a political program and national vision? Does the secular version of this project and the religious one have anything in common? I argue that aside from the ideological lines that guide the Jewish Law Project, within it rests a reductionist and utopianist stance vis‐à‐vis halakhah which are considered to be obvious. I shall attempt to claim that reductionism and utopianism as tacit assumptions, which are neither explicit nor declared by the carriers of the Jewish Law Project, are definitely not trivial. Then, by detrivializing these two assumptions I will suggest viewing the halakhic‐legal relations defined by the Jewish Law Project through these same parameters—the reductionism of the halakhah and its utopian approach.     

A METHODOLOGICAL ADDITION TO THE CROSS‐NATIONAL EMPIRICAL LITERATURE ON SOCIAL STRUCTURE AND HOMICIDE: A FIRST TEST OF THE POVERTY‐HOMICIDE THESIS*

Dozens of cross‐national studies of homicide have been published in the last three decades. Although nearly all these studies test for an association between inequality and homicide, no studies test for a poverty—homicide association. This absence is disconcerting given that poverty is one of the most consistent predictors of area homicide rates in the abundant empirical literature on social structure and homicide in the United States. Using a sample that coincides closely with similar recent studies, applying a proxy for poverty (infant mortality) that is commonly employed in noncriminological cross‐national research, and controlling for several common covariates (including inequality), this study provides the first test of the poverty—homicide hypothesis at the cross‐national level. The results reveal a positive and significant association between a nation's level of poverty and its homicide rate. The findings also suggest that we may need to reassess the strong conclusions about an inequality—homicide association drawn from prior studies, as this relationship disappears when poverty is included in the model.     

反恐视角下穿着遮面长袍行为的法律规制——基于新疆地区的研究

遮面长袍并非维吾尔族的传统服饰。穿着遮面长袍的行为与宗教极端思想渗透密切相关,它危害社会稳定,侵蚀民族传统文化,侮辱妇女人格,违反男女平等原则。近年来,法国、比利时等国先后颁布了禁止在公共场所穿着遮面长袍的法律。为维护社会稳定,保障国家文化安全,防止宗教极端思想渗透,我国有必要借鉴法国、比利时等国的立法,由全国人大制定禁止在公共场所穿着遮面长袍的法律,违者由县级公安机关处以一定数额的罚款。     

Constitutional Directives: Morally‐Committed Political Constitutionalism

About 37 state constitutions around the world feature non‐justiciable thick moral commitments (‘constitutional directives’). These directives typically oblige the state to redistribute income and wealth, guarantee social minimums, or forge a religious or secular identity for the state. They have largely been ignored in a constitutional scholarship defined by its obsession with the legitimacy of judicial review and hostility to constitutionalising thick moral commitments other than basic rights. This article presents constitutional directives as obligatory telic norms, addressed primarily to the political state, which constitutionalise thick moral objectives. Their full realisation—through increasingly sophisticated mechanisms designed to ensure their political enforcement—is deferred to a future date. They are weakly contrajudicative in that these duties are not directly enforced by courts. Functionally, they help shape the discourse over a state's constitutional identity, and regulate its political and judicial organs. Properly understood, they are a key tool to realise a morally‐committed conception of political constitutionalism.     

The Politics of Difference: Statehood and Toleration in a Multicultural World

The author identifies four possible attitudes of tolerance toward groups with different ways of life: resignation, indifference, curiosity and enthusiasm. He explores the potential for these attitudes and concludes by discussing the role of boundaries within communities in modernism and postmodernism. The author is not going to focus on toleration of eccentric or dissident individuals in civil society; he is interested in individual rights primarily when they are exercised in common—in the course of voluntary association or religious worship or cultural elaboration—or when they are claimed by groups on behalf of their members.     

Horizontal Liability for Damages in EU Law—the Changing Relationship of EU and National Law

The article focuses on damages liability between private parties—referred to as horizontal liability—that is based on EU law. Generally, this kind of liability may be based on EU secondary legislation or be derived from substantive EU law and legal principles. The article seeks to analyse the latter: liability in an area of EU law where so‐called procedural autonomy still, at least apparently, prevails. Special attention is paid to the lively interface between EU law and national remedies and to the increasing EU law requirements for the enforcement of EU law in national courts. Recent case‐law on private liability for damages caused by competition infringements is discussed as part of a more general question concerning the ways in which the relationship of EU law and national enforcement frameworks is developing.     

Candidate gender and voting in the 1997 British general election: Did labour Quotas Matter?

The proportion of women MPs elected in the 1997 British general election reached an historic high of 18.2 per cent, the vast majority from the victorious Labour Party. The large increase in the proportion of women Labour MPs was partly due to the policy of establishing women‐only shortlists for winnable seats. This paper examines the distribution of women candidates in the election and analyses the factors that affected the votes they attracted. The results show that Labour women selected on the women‐only shortlists attracted significantly more votes than women nominated on open shortlists. This was mainly a consequence of their selection for marginal seats, but the greater organisational effort that was concentrated on those seats was also an important factor. Overall, there was no evidence that voters discriminated against women candidates in the election, regardless of party and regardless of how they were selected. The large number of women MPs raises issues concerning the formulation and articulation of a distinctive women's policy agenda at Westminster.     

Turning the Other Cheek: Reassessing the Impact of Religion on Punitive Ideology

Religion has long been recognized as an underlying aspect of correctional policies. Researchers, however, have only recently begun to move beyond considerations of how fundamentalist Christian affiliations might shape preferences for punitive correctional policies. The present study broadens the extant research by examining multiple aspects of religious beliefs and how they affect support for capital punishment and harsher local courts. Analyses of General Social Survey data show that religion has divergent effects. Beyond a mere fundamentalist or conservative religious view, those who have a rigid and moralistic approach to religion and who imagine God as a dispassionate, powerful figure who dispenses justice are more likely to harbor punitive sentiments toward offenders. In contrast, those who have a gracious or loving image of God and who are compassionate toward others—that is, those who take seriously the admonition to “turn the other cheek”—are less supportive of “get tough” policies. In the end, not only is religion a multi‐dimensional phenomenon but also its features likely coalesce to divide believers into opposite camps—with one set of attributes fostering harsh sentiments toward offenders and another set of attributes tempering punitiveness and justifying interventions aimed at helping the criminally wayward.     

IS BEING “SPIRITUAL” ENOUGH WITHOUT BEING RELIGIOUS? A STUDY OF VIOLENT AND PROPERTY CRIMES AMONG EMERGING ADULTS

Although prior research has had a tendency to confirm a negative association between religiousness and crime, criminologists have been slow to incorporate new concepts and emergent issues from the scientific study of religion into their own research. The self‐identity phrase “spiritual but not religious” is one of them, which has been increasingly used by individuals who claim to be “spiritual” but disassociate themselves from organized religion. This study first examines differences in crime between “spiritual‐but‐not‐religious” individuals and their “religious‐and‐spiritual,” “religious‐but‐not‐spiritual,” and “neither‐religious‐nor‐spiritual” peers in emerging adulthood. Specifically, we hypothesize that the spiritual‐but‐not‐religious young adults are more prone to crime than their “religious” counterparts, while expecting them to be different from the “neither” group without specifying whether they are more or less crime prone. Second, the expected group differences in crime are hypothesized to be explained by the microcriminological theories of self‐control, social bonding, and general strain. Latent‐variable structural equation models were estimated separately for violent and property crimes using the third wave of the National Longitudinal Study of Adolescent Health. The overall results tend to provide a partial support for the hypotheses. Implications for criminology and future research are discussed.