The hate that dare not speak its name: Pornography qua semi-political speech

In this essay we shall examine the contemporary jurisprudential thinking and legal precedents surrounding the issue of the sanctionability of pornography. We shall catalogue them by their logical presumptions, such as whether they view pornography as speech or act, whether they view pornography as obscenity, political hate-speech or anomalous other, whether they would scrutinize legislation governing pornography by a balancing of the harm of repression against the harm of permission, and who exactly they view as the victims.We shall take a special interest in the most recent, but unsuccessful, attempt by a subgroup of feminists to proscribe pornography by treating it as neither political speech nor sexual speech but speech which causes harm which is both political and sexual. They would like it to be considered as a special kind of odious propaganda undeserving of protection because it promulgates a mental state conducive to criminal activity, and hence is criminal in and of itself. However, the repression of propaganda, even odious propaganda, is not so easily accomplished in this country.Most anti-censors have emphasized the uncertainty of the causal connection between pornography and sexual violence. We shall contend that this is not the essential issue, and that, even if we agree with the allegations of pornography's prurient non-intellectual appeal and its tendency to excite criminal hostility, the current understanding of the Bill of Rights allows sanctioning only under the stringent requirement of the showing of a clear and present danger of specific and immediate acts.We raise the question of whether there should be a new standard for speech which is simultaneously political and sexual, and/or for speech whose harmful message is presented subliminally, on the grounds that such speech may not be adequately opposed by counter speech in the marketplace of ideas.     

Administrative Discretion and Active Representation: An Expansion of the Theory of Representative Bureaucracy

Recent studies of the theory of representative bureaucracy have focused on active representation, whereby administrators in public organizations work to advance the interests of particular groups, achieving policy outcomes that directly address the needs of those groups. The concept of administrative discretion is central to these studies, as an administrator must have the discretion to produce results that reflect the values and beliefs of these groups. While the presence of discretion is often implied in these studies, few have examined it explicitly. Using data from the Farmer's Home Administration, we explore whether administrators who perceive themselves as having more discretion enact policy outcomes that are more representative of minority interests. The results strongly support the conclusion that administrators who perceive themselves as possessing significant discretion and who assume the role of minority representative in their agencies are more likely to enact policy outcomes that favor minority interests.     

International Organizations in Transfer of Infectious Diseases: Iterative Loops of Adoption, Adaptation, and Marketing

Over the past few years increasing attention has been given to the role of international organizations in the diffusion of policy ideas and promotion of particular macro-level policies. Much of the attention has been on the ideological driving forces behind such policies, and on the extent to which the policies are externally imposed. There has been limited discussion on the bread-and-butter, technical policies of international organizations, and how they devise, adopt, adapt, and then promote what come to be seen as policies of global "best practice." This paper seeks to redress this gap by looking at the process of transfer of two infectious disease policies between international and national levels. It demonstrates that international organizations play different roles in policy transfer at particular stages in the process. The paper suggests that health policy transfer is a long adaptive process, made up of several iterative loops, as research and clinical practices developed in one or more countries are adopted, adapted, and taken up by international organizations which then mobilize support for particular policies, market, and promote them. Assumptions that new ideas about policies flow "rationally" into existing decision making are challenged by the processes analyzed here. Policy transfer, given the experience of these infectious diseases policies, goes through separate, "bottom-up," research-oriented, and "top-down" marketing-oriented loops. Individuals and different configurations of networks play key roles linking these loops. In the process, complex, context-specific policies are repackaged into simplified guidelines for global best practice, leading to considerable contestation within the policy networks.     

Neither Seen Nor Heard: Children's Citizenship in Contemporary Democracies*

This article addresses the subject of children's citizenship in liberal democracies. While children may lack full capability to act in the capacity of citizens, the political status to which they have been relegated leaves much to be desired. Paternalist policies dictate that children be represented politically by their parents, leaving them as or more vulnerable and excluded from private life as women were under coverture. Lacking independent representation or a voice in politics, children and their interests often fail to be understood because the adults who do represent them conflate, or substitute, their own views for those of children. Compounding this damage is the tendency for democratic societies to view children not as an ever-present segment of the populace, but rather as future adults. This encourages disregard for children's interests. Until democratic societies establish a better-defined and comprehensive citizenship for children, along with methods for representation that are sensitive to the special political circumstances faced by children, young people will remain ill-governed and neglected by democratic politics.     

Notes on contributors

The process whereby queen Athaliah was deposed and replaced as monarch of Judah by the boy‐king Joash in the seventh century bce warrants analysis as a typical ‘coup d'etat’. The purpose of the present article is to interpret the relevant biblical narratives (II Kings II and 11 Chron. 23) in terms relevant to that political concept. Specifically, it posits that the organization and implementation of this highly successful coup can be illuminated by reference to modern political science literature on regime change. Thus read, the biblical records of the episode constitute a detailed ‘how to’ manual of political action.