Radbruch as an Affirmative Holist.On the Question of What Ought to Be Preserved of His Philosophy

Abstract. Gustav Radbruch is one of the most important German‐speaking philosophers of law of the twentieth century. This paper raises the question of how to classify Radbruch's theories in the international context of legal philosophy and philosophy in general. Radbruch's work was mainly influenced by the southwest German school of Neo‐Kantianism, represented by Windelband, Rickert, and Lask. Their theories of culture and value show an affirmative‐holistic understanding of philosophy as a source of wisdom and meaningfulness. Kant, on the other hand, belongs more to a fundamentally different, critical camp of philosophy. Although Radbruch has incorporated Kantian Elements into his theory, he is rather a member of the affirmative‐holistic camp. In the end the question will be raised as to what ought to be preserved of his philosophy.     

WHAT’S VALUED MOST? SIMILARITIES AND DIFFERENCES BETWEEN THE ORGANIZATIONAL VALUES OF THE PUBLIC AND PRIVATE SECTOR

In recent administrative and organizational literature much attention has been paid to values that guide organizational and managerial behaviour in the public and private domain. Comparative empirical research efforts, however, are sparse. This article reports the results of a comparative empirical survey of 382 managers from a variety of public and private sector organizations in The Netherlands. Contrary to much recent literature that presupposes the intermixing or convergence of value systems guiding governance in different kinds of organizations, the results of this study show two distinct and relatively classical value systems for government and business as well as a ‘common core’ of important organizational qualities. These are accountability, expertise, reliability, efficiency and effectiveness, all of which are considered crucial in both public and private sector organizations. Additional analysis shows that value preferences are primarily attached to sector rather than to age, gender, working experience, or previous employment in the other sector.     

Obama Should Be a Second Carter in the Middle East

President Barack Obama has extended the hand of engagement to the Muslim and Arab world, while warning Israel against new settlements in occupied Palestine and hedging his bets with remote drone strikes against Al-Qaida and the Taliban in Pakistan. The new CIA director, a military historian and the Somali-born feminist Ayaan Hirsi Ali assess his strategy.     

Regulatory Disclosure of Offending Companies in the Dutch Financial Market: Consumer Protection or Enforcement Publicity?

Regulatory disclosure of names of offending companies is increasingly popular as an alternative to traditional command and control regulation. The goals and intended effects of disclosure are not always clear, however. Do regulators wish to increase their transparency, or do they intend to name and shame? This article aims to contribute to a better understanding of the underlying working mechanism of regulatory disclosure of offenders' names through a case study of the Dutch Authority for Financial Markets' disclosure policy. It distinguishes two types of disclosure strategies: consumer oriented and firm oriented. The case study shows that although informing consumers was the primary purpose of disclosure as intended by the Dutch legislature, the purpose in practice has shifted to informing companies about the regulators' enforcement policy. The nature of the disclosed information makes it unlikely that disclosure adequately prevents financial risk taking by consumers. Instead of empowering consumers, disclosure has been incorporated in a traditional deterrence logic, turning out not to be an example of new governance but instead a modern version of command and control enforcement publicity.     

Fragile Convergence: Understanding Variation in the Enforcement of China's Industrial Pollution Law

Official statistics and independent survey data show that in the last decade China has witnessed a remarkable change in its enforcement of environmental pollution violations, moving toward more formalistic and coercive law enforcement with more enforcement cases as well as higher fines. The data also show that there is considerable regional variation with coastal areas having more and higher punishments than those inland. This article explores these findings, seeking to understand the explanation and meaning of these temporal and regional variation patterns. The study shows how enforcement varies when there is a convergence of governmental, social, and economic institutional forces. The article argues that the basis for such convergence has been fragile, as national pressures have lacked consistency and local community and government support evaporates when dominant sources of income are at stake.     

THE MANAGEMENT OF CHANGE IN PUBLIC ORGANIZATIONS: A LITERATURE REVIEW

This article presents a review of the recent literature on change management in public organizations and sets out to explore the extent to which this literature has responded to earlier critiques regarding the lack of (public) contextual factors. The review includes 133 articles published on this topic in the period from 2000 to 2010. The articles are analysed based on the themes of the context, content, process, outcome, and leadership of change. We identified whether the articles referred to different orders of change, as well as their methods and theory employed. Our findings concentrate on the lack of detail on change processes and outcomes and the gap between the common theories used to study change. We propose an agenda for the study of change management in public organizations that focuses on its complex nature by building theoretical bridges and performing more in‐depth empirical and comparative studies on change processes.     

Schools of democracy? Disentangling the relationship between civic participation and political action in 17 European countries

Since Tocqueville's seminal writings, voluntary associations have been proclaimed to be schools of democracy. According to this claim, which regained popularity during the 1990s, involvement in voluntary associations stimulates political action. By participating in these associations, members are socialised to become politically active. Supposedly, having face‐to‐face contact with other members induces civic mindedness – the propensity to think and care more about the wider world. Participating in shared activities, organising meetings and events, and cooperating with other members are claimed to induce civic skills and political efficacy. Over the years, many authors have elaborated on these ideas. This article offers a systematic examination of the neo‐Tocquevillian approach, putting the theoretical ideas to an empirical test. It offers a critical overview of the literature on the beneficial role of voluntary associations and dissects it into five testable claims. Subsequently, these claims are tested by cross‐sectional, hierarchical analyses of 17 European countries. The authors conclude that the neo‐Tocquevillian theory faces serious lack of empirical support. In line with the expectations, they find a strong, positive correlation between associational involvement and political action. Moreover, this correlation is positive in all countries under study. However, more informative hypotheses on this correlation are falsified. First, the correlation is stronger for interest and activist organisations than for leisure organisations. Second, passive (or ‘checkbook’) members show much higher levels of political action than non‐involved, whereas the additional effects of active participation are marginal. Third, the correlation between associational involvement and political action is not explained by civic skills and civic mindedness. In sum, the authors find no evidence for a direct, causal relation between associational involvement and political action. The socialisation mechanism plays a marginal role at best. Rather, this article's findings imply that selection effects account for a large part of the correlation between associational involvement and political action. The conclusion reached therefore is that voluntary associations are not the schools of democracy they are proclaimed to be, but rather pools of democracy.