Technological Disasters,Litigation Stress,and the Use of Alternative Dispute Resolution Mechanisms*

The legal system in the United States is uniquely conflict‐oriented, expensive, and legalistic. From the perspective of victims, we contend that adversarial litigation is particularly ineffective as a means of resolving conflicts that typically ensue in the aftermath of technological disasters. The purpose of this paper is threefold. First, we discuss why the psychosocial impact of litigation on litigants following a technological disaster is particularly damaging. Second, examining longitudinal data collected following the Exxon Valdez oil spill, we demonstrate that the litigation process itself functions as a source of secondary trauma for litigants. Third, we provide suggestions for bypassing the litigation process altogether, via alternative dispute resolution mechanisms. Although it may be that we have exchanged swords and cudgels for subpoenas and depositions, an aura of combat continues to hover about the judicial process, and combat produces casualties. Strasburger (1999 : 203)     

What Is Quality of Government? A Theory of Impartial Government Institutions

The recent growth in research on “good governance” and the quality of government institutions has been propelled by empirical findings that show that such institutions may hold the key to understanding economic growth and social welfare in developing and transition countries. We argue, however, that a key issue has not been addressed, namely, what quality of government (QoG) actually means at the conceptual level. Based on analyses of political theory, we propose a more coherent and specific definition of QoG: the impartiality of institutions that exercise government authority. We relate the idea of impartiality to a series of criticisms stemming from the fields of public administration, public choice, multiculturalism, and feminism. To place the theory of impartiality in a larger context, we then contrast its scope and meaning with that of a threefold set of competing concepts of quality of government: democracy, the rule of law, and efficiency/effectiveness.     

Normative Systems,Permission and Deontic Logic*

Abstract. The authors concentrate on the analysis of the concept of permission. After a general account of differing concepts of permission both with regard to different legal theories and to different legal ideologies, they argue in favour of a “radical” imperativism which leaves no place for permissive norms. Thus, in contrast with the logic of normative language (LNL) purported by Alchourrón and Bulygin, the authors figure out a system of deontic logic - supplemented by devices of the possible world semantics - according to which a normative system (N) is conceived as a set of logical consequences of a certain finite set of basic obligations and no room is left either for the concept of weak permission or for the concept of strong permission. Finally the authors raise some criticisms concerning the view maintained by Alchourron and Bulygin on strong permission.*     

Parties, media, the public and the economy: Patterns of societal agenda-setting

Abstract. The aim of this study is to assess the relative strength of the reciprocal causal relationships between the political agenda (the party agenda), the mass media agenda and the public agenda. Although the research literature is rather confusing and inconclusive, three causal patterns have often been suggested. The economic theory of representative democracy ('public choice' theory) assumes bottom-up agenda-setting. The political agenda is assumed to respond to the public agenda. However, theories on political communication suggest top-down agenda-setting. The political agenda would set the media agenda, which in turn would set the public agenda. The central tenet of mediacracy theory is the proposition that the media agenda sets both the public agenda and the political agenda. This article uses data on economic issues in the Netherlands in the period 1980–1986 and linear structural equations models to test these three causal patterns. The results warrant both bottom-up and top-down agenda-setting, but the mediacracy model is rejected. The conclusion should be that the economic theory of democracy, which prevails in the political science journals, has to incorporate findings from political communication research.     

The Almajiri Heritage and the Threat of Non-State Terrorism in Northern Nigeria--Lessons from Central Asia and Pakistan

The Almajiri heritage is, like the madrassahs in Central Asia, a system of Muslim education that dates back several centuries. With the imposition of British colonial rule between 1902 and 1960 on parts of the Sokoto Empire that currently constitute northern Nigeria, the North's amalgamation with Southern Nigerian British protectorates in 1914, and the formal abolition of slavery in northern Nigeria in 1936, this heritage underwent major structural and functional transformations. Given the lessons from the 1980 Maitatsine terrorist insurgence in Kano, Nigeria, and the rise of Islamic fundamentalism in northern Nigeria since 1999, a potential exists that the heritage may evolve into an apparatus for perpetuating non-state terrorism. Drawing on the trajectory of similar educational systems in Central Asia prior to, during, and following Russian communist rule, this article outlines reasons for the growing terrorist potential of the Almajiri heritage, and suggests measures for avoiding such trajectories.