An Application of the Theory of Communicative Competence in the Analysis of Juror's Decision-Making Structure

This study applied the theory of communicative competence in analyzing the juror's decision-making structure. The primary thrusts of this study were 1) to ascertain whether or not presuppositions or value laden data affect a juror's decision-making process and 2) to uncover common sense ground during a court trial.

Findings indicated that an imbalance existed between interpretations of both hard and soft data. This study questions the distorted system of communication and suggests methods of improving quality through reaching mutual consensus. The theory applied in this study was grounded in a culture of rational discourse. Finally, it was found that the manner in which the prosecution and defense construct their lines of questioning influences the juror's decision-making process.     

STRUCTURAL CHANGE AND PUBLIC SERVICE PERFORMANCE: THE IMPACT OF THE REORGANIZATION PROCESS IN ENGLISH LOCAL GOVERNMENT

Organization theory suggests that structural change has disruptive effects on managerial behaviour and organizational outcomes, and that these effects are likely to emerge in the period between the announcement and the commencement of the new structure. We evaluate the validity of this argument by analysing the performance of English county councils in the transition period before the voluntary restructuring of a sub‐set of these organizations. Disruptive effects are tested while controlling for a range of other variables, including the relative prosperity of the local population and the diversity of their service needs. The empirical results indicate that the performance of local authorities facing reorganization deteriorated prior to the onset of the new structures, and support the view that structural change has disruptive effects on organizational outcomes.     

Yin and Yang: Sina Weibo and the Chinese State

The new element in governance is social media. Inexorably, its fertile networks of shared information shift power from authorities to citizens and amateurs, including to the “unknown” experts in the “dorm rooms and edges of society” who drive innovation. Tweets may bust trust and undermine authority, but can social media also be a tool for building consensus through deliberation and negotiation among interests? When it comes to governance, is crowd‐sourcing any better than populism at generating collective intelligence instead of disruptive “dumb mobs?” Can networks aid the self‐administration of society, or does that take institutions with governing authority? In this section, leading Silicon Valley entrepreneurs, technologists and network theorists from Google, Microsoft and the MIT Media Lab join with political scientist Francis Fukuyama and top thinkers from Asia to address these issues.     

The Rise of the Parliamentary Counsel

SUMMARY

In this article Sir George Engle has traced the early development of the use of official Parliamentary Counsel for the drafting of government legislation. The origins are traced to a series of individual legal experts employed informally by government in the seventeenth and eighteenth centuries until the formal appointment of a Parliamentary Counsel to the Treasury in 1769. Following that, other major departments engaged their own Counsel until Peel decided to rationalize the system in 1841 and J.E.D. Bethune was appointed Counsel for fourteen government departments. The work of Henry Thring in developing the principles of parliamentary drafting is discussed and then the appointment of Thring to the ‘Office of Parliamentary Counsel’ in 1869, with one assistant. The institution was made permanent in 1871. The work of Thring's two successors, Henry Jenkyns and Courtnay libert and the working practices they developed arc analysed. Finally the artide summarizes the principle achievements of the Parliamentary Counsel Office over its 126 years of activity.     

Caught in an Authoritarian Trap of Its Own Making? Brazil's ‘Lava Jato’ Anti-Corruption Investigation and the Politics of Prosecutorial Overreach

The negative and corrosive impacts of corruption in the fields of economics, politics, and law are widely discussed. Less understood are the potentially negative impacts of anti-corruption struggles and strategies themselves. This article presents a case study of Brazil's ‘Car Wash’ (‘Lava Jato’) scandal from a legal and political perspective. Although the subsequent Operation Car Wash investigation was widely regarded as remarkably successful, supposedly buttressing the rule of law through high-profile prosecutions of leading politicians and businesspersons, the article argues that legal due process, wider constitutional law, and the political process were undermined. While the use of media leaks to strengthen the investigation proved tactically successful, when coupled with new legal instruments it undermined the presumption of innocence and contributed to a climate in which political and legal debates themselves became increasingly subordinated to simplistic polarizing anti-corruption discourses, thereby undermining an already fragile political and institutional environment.