Criminal insanity in 19th-century Ireland,Europe and the United States: Cases,contexts and controversies

The insanity defence has a lengthy, complex history. This article provides a concise, comparative background to the evolution of criminal insanity legislation and institutions for the mentally ill in the nineteenth century, with particular reference to Ireland and the United States. Three key themes are identified and explored: (a) the emergence of the insanity defence in the nineteenth century (e.g. the McNaughtan Rules); (b) conditions in nineteenth-century asylums and institutions for the ‘criminally insane’ (with particular reference to overcrowding, physical illness and asylum deaths); and (c) nineteenth-century considerations of criminal responsibility in women with mental illness (with particular reference to medical and judicial views of the relevance of menstruation, pregnancy and child-birth). These themes are explored through review of historical literature (with particular reference to the work of Dr. Isaac Ray, founding father of forensic psychiatry in the United States) and examination of previously unpublished archival material from the Central Criminal Lunatic Asylum, Dublin.     

ERISA, agency costs, and the future of health care in the United States

Because so many Americans receive health insurance through their employers, the Employee Retirement Income Security Act (ERISA) of 1974 plays a dominant role in the delivery of health care in the United States. The ERISA system enables employers and insurers to save money by providing inadequate health care to employees, thereby creating incentives for these agents to act contrary to the interests of their principals. Such agency costs play a significant role in the current health care crisis and require attention when considering reform. We evaluate the two major health care reform movements by exploring the extent to which each reduces agency costs. We find that agency cost analysis clarifies the benefits, limits, and uncertainties of each approach.     

Taking Fact-Checks Literally But Not Seriously? The Effects of Journalistic Fact-Checking on Factual Beliefs and Candidate Favorability

Political Behavior - Are citizens willing to accept journalistic fact-checks of misleading claims from candidates they support and to update their attitudes about those candidates? Previous studies...     

Access and allocation in global biodiversity governance: a review

International Environmental Agreements: Politics, Law and Economics - Access and allocation is one of the five analytical themes of the science plan of the Earth System Governance (ESG) project....     

Industry characteristics and interest group formation: An empirical study

The role of interest groups in the political process has been the subject of much analysis in both political science and economics. However, few studies have examined directly the factors which influence the variation in interest group formation across industrial sectors and between countries. Using data on 75 industrial sectors in 10 countries, we examine the way in which variations in interest group formation are explained by variations in industrial and political characteristics. In cross-sectional empirical relationships we test for the significance of a variety of industry and political variables. Our results indicate that industry characteristics such as the proportion of total demand purchased by households and the concentration ratio are related to variations in interest group formation. We discuss the implications that our results have for recent theoretical work on the effect of interest groups on economic policy.For helpful comments, we would like to thank Antonio Estache, Bruce Gardner, Dennis Mueller, Mancur Olson, and participants at the meetings of the Public Choice Society and the Southern Economic Association. The International Institute of Management of Berlin, Paul Geroski, Neal Kennedy, Alexis Jacquemin, Kenneth Platto, Joachim Schwalbach, and Hideki Yamawaki helped in providing data. The Computer Science Center of the University of Maryland is acknowledged for provision of computational resources.     

Citizenship—the real democratic deficit of the European union? 1

Given the pressures of globalisation, the nation state is limited in its control over public policy agendas, particularly in the field of social policy. The response of domestic governments to the heat of international competition has been to create more flexible, post‐welfare state economies. A significant consequence of this development is the removal of social rights and the acceleration of social exclusion. This gap which has opened up could be filled by the European Union, but it has so far failed to take a leading role in this regard.

So, as European citizens we should be concerned that the forces which operate to balance the harsher effects of the free market have been lost at the European, supranational level. There are three central reasons why this is the case: (1) the European Union consists of 15 member states with competing, historically rooted understandings of social protection and, therefore, social rights; (2) defining social rights is traditionally a state‐derived function and as such, the absence of an EU state means the absence of comprehensive citizen protection; (3) these two factors are magnified by the relative weakness of the supranational institutions and democratic deficit between the key EU institutions (weak vis‐à‐vis member state governments and with regard to the supremacy of the market).

The combination of these problems has meant that the European Union has not taken the primary role in providing the kind of social protection that we used to enjoy in the domestic context. The result of this is a situation in which the market is determining both the level and even the kind of rights that we are entitled to, thus we are citizens of a European market and not of a European state.

As a state‐derived function, and without a European state, social and citizen rights are being neglected. As a consequence, unless citizen protection is developed through an intergovernmental or supranational framework, it is difficult to see how governments can honour their responsibility to safeguard their people.     

Reviews

Culture in Africa: An Appeal for Pluralism edited by Raoul Granqvist. Seminar Proceedings No.29. The Scandinavian Institute of African Studies, Uppsala. 1993. 204 pp. illustrated.

Social Change And Economic Reform in Africa edited by Peter Gibbon. Nordiska Afrikainstitutet, Uppsala. 1993. 379 pp. including references and notes on contributors.

The Idea of Africa by V.Y.Mudimbe. Indiana University Press, Bloomington & Indianapolis, and James Currey, London. 1994. xvii plus 234 pp. including illustrations, bibliography and index.

Can National Dialogue Break the Power of Terror in Burundi? Report on the Impact of the International Conference National Dialogue Held in Bujumbura, May 15–18, on Burundian Efforts to Restore Domestic Process in the Country by Zdenek Cervenka and Colin Legum. Current African Issues 17. Nordiska Afrikainstitutet, Uppsala, Sweden. 1994. 29 pp.

Ethnicity in Focus: The South African Case by Simon Bekker. Indicator SA Issue Focus, Centre for Social and Development Studies, University of Natal. 1993. iii plus 117pp. including notes, bibliography and index.

Liquor and Labour in Southern Africa edited by Jonathan Crush and Charles Ambler. Athens and Pietermaritzburg: Ohio University Press and University of Natal Press. 1992. 412 pp. including figures, tables and index.

Chelewa, Chelewa, The Dilemma of Teenage Girls edited by Zubeida Tumbo‐Masabo and Rita Liljestrom. Nordiska Afrikainstitutet. 1994. 218 pp.

Towards More Appropriate Technologies? Experiences from the Water and Sanitation Sector by Mariken Vaa. Report No. 94, Nordiska Afrikainstitutet, Uppsala. 1993. 91 pp. including references.

From the Mountains to the Plains. The Integration of the Lafofa Nuba into Sudanese Society by L.O. Manger. Scandinavian Institute of African Studies, Uppsala. 1994. 175 pp.

The New Local Level Politics in East Africa. Studies on Uganda, Tanzania and Kenya edited by Peter Gibbon. Nordiska Afrikainstitutet, Uppsala. 1994. Research Report No. 95. 118 pp. including figures, notes and references. Paperback. US$9.95.

Tanzania: The Limits to Development from Above by Kjell J. Havnevik. The Scandinavian Institute of African Studies, Uppsala, Sweden. 1993. 343 pp. including tables, bibliography and appendices.

A Blighted Harvest: The World Bank and African Agriculture in the 1980s by Peter Gibbon, Kjell J. Havnevik and Kenneth Hermele. James Currey, London and Africa World Press, Trenton, New Jersey. 1993.