The impact of state weakness on citizenship a case study of Kyrgyzstan

This article, using contemporary Kyrgyzstan as a case study, examines how state weakness is both reflected and reinforced at the citizens' level. Based upon field research conducted in April and May 2007, we discuss three hypotheses. First, the inability of the state to provide essential goods and services and has deterred citizens' willingness to fulfill their responsibilities such as paying taxes, respecting the laws, and serving in the army. Second, citizens have lost trust in their regime; some directly confront the state by joining demonstrations, strikes, and other protest activities. Finally, state weakness has negatively influenced the feeling of collective membership and reinforced sub-national identities. Declining loyalty is particularly evident among the citizens who have left the country in the prospect of better employment abroad.     

The Politics of Pain: A Political Institutionalist Analysis of Crime Victims' Moral Protests

Like the new social movements, crime victim movements were part of broad cultural struggles to redefine the character of social order in the late twentieth century. Motivated by pain and outrage over criminal victimization, they were engaged in highly charged moral protests over the rights and duties of state government and the relative value of human life. This article argues that the degree to which crime victims were part of a retributive movement—the restriction of criminal offenders' rights and liberties—or part of a restorative movement to repair victims' well-being depended on the political context in which they were operating, specifically the structure of the democratic process. The case studies suggest that a context with a high degree of democratization but intensive social polarization was more likely to deepen crime victims' demands for vengeance as well as provide their legal and political expression, while a context with intensive civic engagement but well-developed social trust and norms of reciprocity was more likely to bring about pragmatic measures, intermixing restorative and restrictive approaches to criminal victimization. This article seeks to extend the literature on political institutionalism by integrating the structural constraints of institutions with the power of human agency.     

Pay for Success: Diffusion of Policy Innovation for Social and Economic Stability

Across the United States, communities struggle with numerous social and environmental issues, while the funding to address these issues continues to diminish. Therefore, actors inside and outside of government are seeking new policy solutions to persistent social problems. Significant hurdles to new policies exist, however, including a lack of funding and a reluctance to take on the risks inherent in implementing new programs. A recent innovation in the policy sphere, pay‐for‐success (PFS) financing, has been able to overcome these hurdles. Policy innovation does not come easily, though, and change within government is often slow and methodical. What catalyzes jurisdictions to engage with PFS? By developing an understanding of the mechanisms and processes of PFS, diffusion scholars and practitioners can facilitate innovation within jurisdictions. Such innovation, which the federal government has an opportunity to facilitate, is necessary to shift business‐as‐usual service provision and enable greater social, environmental, and economic stability.     

The Effects of National and Local Funding on Judicial Performance: Perceptions of Russia's Lawyers

Courts that perform well are the cornerstone of the rule of law and democratic development. When courts are perceived as legalistic, fair, impartial, and independent of the influence of extrajudicial actors, aggrieved individuals are more likely to pursue litigation over other, potentially unlawful, alternatives. Using original data from surveys of more than 1,800 randomly sampled lawyers in 12 Russian cities, we investigate the effects of perceived government funding and power diversification on a variety of indicators of perceived judicial performance. We find that, according to lawyers, financial dependence on the national government has no independent effect on judicial performance, but financial dependence on local governments has consistently significant negative effects. We also find that diversified political power has consistently significant positive effects on perceived judicial performance, probably because the diversification makes courts seem less vulnerable to unified pressure from political actors.     

Legal Feminism and Foucault – A Critique of the Expulsion of Law

Contemporary theorists have become increasingly receptive to the selective incorporation of Foucaultian theory within feminist frameworks. However, the reception of Foucault within feminist legal critique has been less enthusiastic. The most celebrated theorist to argue for the incorporation of Foucaultian insight within the feminist analysis of law is Carol Smart. While conceding the significant contribution of her work, this article will argue that her interpretation of the Foucaultian thesis on law is considerably more problematic. Illustrating the extent to which she adopts an unnecessarily pessimistic prognosis for the development of Foucault within legal analysis and reform, this article will examine an emerging counter-interpretation of Foucault that presents the possibility for a more promising application, seeking to provide a defence both of the utility of Foucault for feminist jurisprudence, and of the utility of legal reform strategies being exercised for feminist purposes.