Coase’s world and Coase’s blackboard

In this contribution I focus on a particular characteristic of Ronald Coase’s work, as exhibited in “The Problem of Social Cost”: his ability to force upon his audience a clearer grasp of reality than they previously held. More specifically, I aim to consider to what extent the “blackboard economics” that Coase himself derided have been avoided in a Coasean world, taking that expression to refer in some sense to a world where Coasean insights can flourish, and as such to be a world not simply of Coase’s own making but a world that has been developed by others in applying the Coase Theorem. My strategy is to interrogate the nature of a Coasean world through developing a framework that can look more closely at different approaches to theoretical modelling, the different worlds involved in these models, and the different positive and normative applications that can be derived from them. I shall further consider whether the understanding of the law that inhabits a Coasean world reflects a “real-world” legal environment. Finally, I shall seek to assess the impact of Coase’s work on our understanding of the relationship between law and economics, in our world.     

Celebrating INEA’s authors and editors

International Environmental Agreements: Politics, Law and Economics -     

Post-Soviet Society and Russia’s Macroeconomic Statistics

This article investigates the causes of the distorted macroeconomic statistics in the Russian Federation. It introduces alternative methods for the estimation of gross domestic product (GDP) growth, and the growth and amount of fixed capital stock, and estimates them by drawing on alternative data. Our estimates for the period of 1992–2015 differ substantially from those reported by the Russian Federal State Statistics Service (Rosstat). According to our estimates, GDP declined by 10.2 percent, which is in sharp contrast with the official estimate reporting growth of 13.4 percent. The same is found with regard to labor productivity, for which we find a decline of 30.1 percent instead of a growth of 9.2 percent. Accordingly, the full book value of fixed capital stock shrunk by 29.2 percent instead of the officially reported 50.9 percent growth. The drop in the residual value of fixed capital is estimated at 52.6 percent. The ratio of replacement to book value of fixed capital fluctuated between 4:1 in the middle of the period and 7:1 toward the end of the period. Additionally, we estimate the amount of investment in human and physical capital necessary for producing 3 percent annual GDP growth. Financing such investment would require a decline in personal consumption by about a factor of 2, with a greater part of it falling on the better off population strata. Finally, we make suggestions regarding income redistribution.     

Everyday Stranger Harassment and Women’s Objectification

The present research suggests that stranger harassment (i.e., experiencing unwanted sexual attention from strangers in public) is a frequent experience for young adult women, and that it has negative implications for their well-being. First, stranger harassment was positively related to self-objectification (Fredrickson & Roberts, Psychol Women Quart 21:173–206 1997). This was true for women who coped with stranger harassment using common strategies (passive, self-blame, or benign), but not for women who used an uncommon, active coping strategy (e.g., confronting the harasser). Second, stranger harassment experiences and self-objectification were positively related to women’s fear of and perceived risk of rape. Further, women who feared rape were more likely to restrict their freedom of movement. In concert, the findings suggest that stranger harassment may have both direct and indirect negative effects on women’s lives, and that it is a phenomenon worthy of future research.

‘Multicolored’ green criminology and climate change’s achromatopsia

While green criminology may be an effective name or label for the sub-field or perspective within criminology that considers a wide range of environmental issues, it is, in reality, a ‘multicolored green’ – a criminology that engages a spectrum of issues, that reflects the interests of some racial groups more than others, that reveals and analyzes environmental harms which disproportionately impact some racial groups more than others, and that can be approached from a number of vantage points or that can be viewed with variously tinted lenses. This article begins with an overview of climate change, including a discussion of its anticipated impacts and indicators of its already-being-felt effects. It then offers some general comments on the disproportionate impact of environmental threats and harms before turning to a discussion of the present and anticipated distributional impacts of climate change. Here, this article argues that climate change is, in effect, achromatopsic – it is color-blind, in that it affects us all regardless of skin color – but that those impacts will be distributed unevenly/unequally and that various groups are and will continue to be in different positions to adapt to climate change. This article concludes by suggesting that while the environmental harms caused by climate change are real – and the risks and threats they pose tangible and serious – climate change presents an exciting challenge for our creative potential as humans. In the process of reducing our consumption of fossil fuels and stabilizing (or, better yet, reducing) our greenhouse gas emissions, we might better assist those geopolitical regions most at risk (i.e. poor, developing countries) to become more resilient – an approach that is necessary for both the physical health of the planet and the prospects for social justice.     

Crime, Freedom and Civic Bonds: Arthur Ripstein’s Force and Freedom: Kant’s Legal and Political Philosophy

There is no question Arthur Ripstein’s Force and Freedom is an engaging and powerful book which will inform legal philosophy, particularly Kantian theories, for years to come. The text explores with care Kant’s legal and political philosophy, distinguishing it from his better known moral theory. Nor is Ripstein’s book simply a recounting of Kant’s legal and political theory. Ripstein develops Kant’s views in his own unique vision illustrating fresh ways of viewing the entire Kantian project. But the same strength and coherence which ties the book to Kant’s important values of independence blinds the work to our shared moral ties grounded in other political values. Ripstein’s thoughts on punishment are novel in that he embeds criminal law, both in its retributivist and consequentialist facets, into Kant’s overarching political philosophy to show how criminal law can be seen as one aspect of the supremacy of public law. But a criminal law solely focused on the preservation of freedom takes little notice of the ways criminal law need expand its view to account for how a polity can restore the victim of a crime back to civic equality, reincorporate offenders after they have been punished and cannot leave past offenders isolated and likely to reoffend, resulting in the rotating door prison system and communities of innocents who remain preyed upon by career criminals. Lastly, a political theory that does not prize our civic bonds will ignore the startling balkanization of our criminal punishment practices, where policing, arresting and imprisonment become tools of racial and social oppression. In illustrating the benefits in viewing criminal law as a coherent part of Kant’s political theory of freedom, Ripstein also highlights what is absent. It then becomes clear that though Kant presents one important facet of punishment, only a republican political theory can meet the most pressing moral demands of punishment by reminding us that criminal law must be used to preserve and strengthen civic society.     

The One-System View and Dworkin’s Anti-Archimedean Eliminativism

Many of Dworkin’s interlocutors saw his ‘one-system view’, according to which law is a branch of morality, as a radical shift. I argue that it is better seen as a different way of expressing his longstanding view that legal theory is an inherently normative endeavor. Dworkin emphasizes that fact and value are separate domains, and one cannot ground claims of one sort in the other domain. On this view, legal philosophy can only answer questions from within either domain. We cannot ask metaphysical questions about which domain law ‘properly’ belongs in; these would be archimedean, and Dworkin has long argued against archimedeanism. The one-system view, then, is best understood as an invitation to join Dworkin in asking moral questions from within the domain of value. Finally, I argue that Dworkin’s view can be understood as a version of ‘eliminativism’, a growing trend in legal philosophy.

     

What’s Inside and Outside the Law?

In this article I take up a conceptual question: What is the distinction between ‘the law’ and the behavior the law regulates, or, as I formulate it, the distinction between what is ‘inside’ the law and what is ‘outside’ it? That conceptual question is in play in (at least) three different doctrinal domains: the constitutional law doctrines regarding the limits on the delegation of legislative powers; the criminal law doctrines regarding mistakes of law; and the constitutional rights doctrines that turn on the distinction between state action and the acts of non-state actors. I argue that legal doctrines should turn solely on normative considerations and should not turn on answers to conceptual questions. However, the doctrines I discuss appear to turn on the conceptual question regarding what is ‘inside’ and ‘outside’ the law. I show how each of these doctrinal areas appears to raise this conceptual issue, and I explain how the doctrines might or might not escape being held hostage to conceptual controversy.     

Form and Agency in Raz’s Legal Positivism

As two parts of one overarching legal positivist project, it is likely assumed that the constitutive elements of Joseph Raz’s analysis of the rule of law are compatible with his thinking on the nature of legal authority. The aim of this article is to call this assumption into question by reading Raz in light of the core, if under-recognised, preoccupation of the jurisprudence of Lon Fuller: namely, the latter’s concern to illuminate the relationship between the distinctive form of law and human agency. This not only opens up a new engagement between Raz and Fuller that was far from exhausted within debates about law and morality, but also reveals tensions between Raz’s analysis of the rule of law and his analysis of legal authority that proponents of Raz’s legal positivism need to address.     

Criminal Justice Reform and the System’s Efficiency

This article discusses key issues that affect the efficiency and credibility of criminal justice systems. It discusses the consequences of an ineffective criminal justice system, which include unnecessary delays within the court process, ‘cracked’ or ‘collapsed’ trials, and lack of public confidence. It notes that a successful system must contain strategic, integrated, and sustainable mechanisms that enhance the entire criminal justice process. The article examines a number of initiatives taken by various countries, noting the measurable and sustainable results, while also suggesting ways that these programs could be improved. Finally, the author notes the importance of measuring the outcomes and impact of the suggested initiatives in an effort to promote transparency and accountability, as well as effectively record successful strategies.     

Appayya’s Vedānta and Nīlakaṇṭha’s Vedāntakataka

The seventeenth century author Nīlaka??ha Caturdhara wrote several works criticising the Vedāntic theology of the sixteenth century author, Appayya Dīk?ita. In one of these works, the Vedāntakataka, Nīlaka??ha picks out two doctrines for criticism: that the liberated soul becomes the Lord (ī?varabhāvāpatti), and that souls thus liberated remain the Lord until all other souls are liberated (sarvamukti). These doctrines appear both in Appayya’s Advaitin and in his ?ivādvaitin writings. They appear to be ones to which Appayya was committed. They raise theological and conceptual problems, however, both in themselves as doctrines, and as part of nondual Vedāntic teaching. A study of the Vedāntakataka reveals those features of Appayya’s Vedānta that Advaitins in Banaras in the century after his life considered to be anomalous, and illuminates aspects of the context in which his ideas developed and circulated.     

‘She’s White and She’s Hot,So She Can’t Be Guilty’: Female Criminality,Penal Spectatorship,and White Protectionism

Despite mainstream criminology’s burgeoning interest in issues of race, class, and gender, very little scholarship has examined whiteness and its attendant privileges in understanding public discourse on criminal offenders. This paper examines the role of penal spectatorship as a discursive mechanism by which white, female offenders are protected in public spaces by virtue of their racial and gender identity. Using a content analysis of comments posted on the mug shot images of white women on a popular ‘mug shot website,’ we find that these women are viewed as victims of circumstance deserving of empathy and redemption rather than as criminals. We offer ‘white protectionism’ as a means by which whites extend privilege and protection to other whites who transverse the boundaries of whiteness through criminality to guard against ‘deviant’ or ‘criminal’ designations. These findings add to our understandings of penal spectatorship as yet another tool of white supremacy operating in the Post-Civil Rights era of mass incarceration.     

Reorientation and prospect of China’s combat against corruption

Not as much significant achievements as expected have been made since China launched its fight against corruption decades ago, though the Chinese Communist Party, as the initiator and promoter of the anti-corruption reform, made great efforts and changed several orientations of the combat. The article analyzes the implications of newly reorientation towards institutional building and argues that the CCP’s guideline for combating corruption has impeded its progress, no matter what means adopted. The further progress in corruption control depends on the change of political structure and social development in China.

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Lebanon’s Power-Sharing System and the Rise of Sectarianism

Power-sharing settlements intended to prevent recurring conflicts in divided societies have produced mixed outcomes. For decades, Lebanon’s power-sharing political system has been blamed for political instability, sectarian division, recurring conflicts, and foreign intervention. Lebanon today is an example of a confessional divided state where growing sectarian identity has triggered inter-community mistrust. The increasing sectarian division and conflicts since Lebanon gained its independence from France in 1943 has been attributed to the power-sharing political system.

This essay, however, demonstrates that the root of the conflicts is the manipulation of that system by the political elites, by virtue of their strategic positions in the government, and political sectarian organizations and movements are capable of influencing political processes considerably. Through manipulative schemes of the power-sharing system, political elites were successful in transferring the power from the state to the religious sects and their political representatives, and thus reinforced sectarian division, weakened the state, and delayed the transition to full democracy. This essay takes Lebanon as a case study to show that although a power-sharing agreement has the power to reduce the risk of recurring conflicts, it has the tendency to reinforce sectarian division leading to deterioration of national unity.     

Assessing sheriff’s office emergency and disaster website communications

Sheriff’s offices are an integral component of the public health emergency preparedness and response system in the USA. During a public health emergency or disaster, sheriff’s offices need to communicate with people affected by the event. Sheriff’s office websites are logical sources for information about disaster preparedness and response efforts. No prior research evaluates emergency preparedness and response resources available through sheriff’s office websites. The current research is a national study of sheriff’s office websites to assess the availability of information relating to emergency preparedness and response. A content analysis of 2590 sheriff’s office website homepages was conducted to determine the presence or absence of nine communications elements important to people seeking information during an emergency or disaster. We found that 71.9% of sheriff’s office website homepages include links to agency services and programs, but only 6.5% provide links to emergency preparedness information. The findings of the study are useful to assess emergency preparedness and the amount of response information available, as well as to identify opportunities to improve sheriff’s office website homepages.     

Social Media’s Role in Peacebuilding and Post-Conflict Recovery

Armed conflict can have detrimental and profound effects on the social capital of people and communities affected by violence. Besides the destruction of economic and physical infrastructures, intrastate conflict fractures societies, destroys social capital, and exposes vulnerable populations to mental health disorders such as posttraumatic stress disorder. The restoration of social capital represents a major challenge in achieving sustainable peace in the vast majority of pluralistic societies that have suffered from past conflicts. The emphasis on the reconstruction of the physical infrastructure needed for the survival of agonized communities after a conflict can delay the restoration of social capital, which slows down the recovery process. As a result, the damaged social capital in post-conflict societies remains an obstacle in building sustainable peace. This essay highlights the influence of social media on the restoration of social and psychological capitals in post-conflict recovery.     

Women’s Productive Role and Marital Violence in Bangladesh

This study assesses the role of womens participation in productive activities in reducing the risk of marital violence. Data were collected from villages where numerous nongovernment organizations (NGOs) had microcredit-based income generating programs for the poor. Both the survey and in-depth interviews were used to collect information from a randomly selected sample of 500 currently married women aged < 50 years living in 70 villages in 10 districts of Bangladesh. Findings reveal that the prevalence of marital violence such as mental torture and physical assault had negative association with womens participation in economic activities. Situation that invoked violence against women had most often been their failure of performing expected role in the household. Womens productive roles not only improved womens position in their household but also significantly reduced both mental torture and physical assault against them. The paper argues that participation in productive activities has the potential to bring a significant reduction in the risk of marital violence among women in the poor community.